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1 | AN ACT concerning public safety.
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2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Article 1. | ||||||||||||||||||||||||
5 | (5 ILCS 845/Act rep.) | ||||||||||||||||||||||||
6 | Section 1-1. The Statewide Use of Force Standardization | ||||||||||||||||||||||||
7 | Act is repealed. | ||||||||||||||||||||||||
8 | (730 ILCS 205/Act rep.) | ||||||||||||||||||||||||
9 | Section 1-5. The No
Representation Without Population Act | ||||||||||||||||||||||||
10 | is repealed. | ||||||||||||||||||||||||
11 | (730 ILCS 210/Act rep.) | ||||||||||||||||||||||||
12 | Section 1-10. The Reporting of Deaths in Custody Act is | ||||||||||||||||||||||||
13 | repealed. | ||||||||||||||||||||||||
14 | (5 ILCS 70/1.43 rep.) | ||||||||||||||||||||||||
15 | Section 1-20. The Statute on Statutes is amended by | ||||||||||||||||||||||||
16 | repealing Section 1.43. | ||||||||||||||||||||||||
17 | (5 ILCS 100/5-45.35 rep.) | ||||||||||||||||||||||||
18 | Section 1-22. The Illinois Administrative Procedure Act is | ||||||||||||||||||||||||
19 | amended by repealing Section 5-45.35 as added by Public Act |
| |||||||
| |||||||
1 | 102-1104. | ||||||
2 | Section 1-25. The Freedom of Information Act is amended by | ||||||
3 | changing 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 | ||||||
7 | maintained arrest and criminal history information maintained | ||||||
8 | by State or local criminal justice agencies shall be furnished | ||||||
9 | as soon as practical, but in no event later than 72 hours after | ||||||
10 | the arrest, notwithstanding the time limits otherwise provided | ||||||
11 | for in Section 3 of this Act: (i) information that identifies | ||||||
12 | the individual, including the name, age, address, and | ||||||
13 | photograph, when and if available; (ii) information detailing | ||||||
14 | any charges relating to the arrest; (iii) the time and | ||||||
15 | location of the arrest; (iv) the name of the investigating or | ||||||
16 | arresting law enforcement agency; (v) if the individual is | ||||||
17 | incarcerated, the amount of any bail or bond (blank) ; and (vi) | ||||||
18 | if the individual is incarcerated, the time and date that the | ||||||
19 | individual was received into, discharged from, or transferred | ||||||
20 | from the arresting agency's custody. | ||||||
21 | (b) Criminal history records. The following documents | ||||||
22 | maintained by a public body pertaining to
criminal history | ||||||
23 | record information are public records subject to inspection | ||||||
24 | and copying by the
public pursuant to this Act: (i) court |
| |||||||
| |||||||
1 | records that are public; (ii) records that are otherwise
| ||||||
2 | available under State or local law; and (iii) records in which | ||||||
3 | the requesting party is the individual
identified, except as | ||||||
4 | provided under Section 7(1)(d)(vi). | ||||||
5 | (c) Information described in items (iii) through (vi) of | ||||||
6 | subsection (a) may be withheld if it is
determined that | ||||||
7 | disclosure would: (i) interfere with pending or actually and | ||||||
8 | reasonably contemplated law enforcement proceedings conducted | ||||||
9 | by any law enforcement agency; (ii) endanger the life or | ||||||
10 | physical safety of law enforcement or correctional personnel | ||||||
11 | or any other person; or (iii) compromise the security of any | ||||||
12 | correctional facility. | ||||||
13 | (d) The provisions of this Section do not supersede the | ||||||
14 | confidentiality provisions for law enforcement or arrest | ||||||
15 | records of the Juvenile Court Act of 1987.
| ||||||
16 | (e) Notwithstanding the requirements of subsection (a), a | ||||||
17 | law enforcement agency may not publish booking photographs, | ||||||
18 | commonly known as "mugshots", on its social networking website | ||||||
19 | in connection with civil offenses, petty offenses, business | ||||||
20 | offenses, Class C misdemeanors, and Class B misdemeanors | ||||||
21 | unless the booking photograph is posted to the social | ||||||
22 | networking website to assist in the search for a missing | ||||||
23 | person or to assist in the search for a fugitive, person of | ||||||
24 | interest, or individual wanted in relation to a crime other | ||||||
25 | than a petty offense, business offense, Class C misdemeanor, | ||||||
26 | or Class B misdemeanor. As used in this subsection, "social |
| |||||||
| |||||||
1 | networking website" has the meaning provided in Section 10 of | ||||||
2 | the Right to Privacy in the Workplace Act. | ||||||
3 | (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; | ||||||
4 | 102-1104, eff. 1-1-23.) | ||||||
5 | Section 1-30. The State Records Act is amended by changing | ||||||
6 | Section 4a as follows:
| ||||||
7 | (5 ILCS 160/4a)
| ||||||
8 | Sec. 4a. Arrest records and reports.
| ||||||
9 | (a) When an individual is arrested, the following | ||||||
10 | information must
be made available to the news media for | ||||||
11 | inspection 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.
|
| |||||||
| |||||||
1 | (b) The information required by this Section must be made | ||||||
2 | available to the
news media for inspection and copying as soon | ||||||
3 | as practicable, but in no event
shall the time period exceed 72 | ||||||
4 | hours from the arrest. The information
described in paragraphs | ||||||
5 | (3), (4), (5), and (6) of
subsection (a), however, may be | ||||||
6 | withheld 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 | ||||||
16 | media" means personnel
of a newspaper or other periodical | ||||||
17 | issued at regular intervals whether in
print or electronic | ||||||
18 | format, a news service whether in print or electronic
format, | ||||||
19 | a radio station, a television station, a television network, a
| ||||||
20 | community antenna television service, or a person or | ||||||
21 | corporation engaged in
making news reels or other motion | ||||||
22 | picture news for public showing.
| ||||||
23 | (d) Each law enforcement or correctional agency may charge | ||||||
24 | fees for arrest
records, but in no instance may the fee exceed | ||||||
25 | the actual cost of copying and
reproduction. The fees may not | ||||||
26 | include the cost of the labor used to reproduce
the arrest |
| |||||||
| |||||||
1 | record.
| ||||||
2 | (e) The provisions of this Section do not supersede the | ||||||
3 | confidentiality
provisions for arrest records of the Juvenile | ||||||
4 | Court Act of 1987.
| ||||||
5 | (f) All information, including photographs, made available | ||||||
6 | under this Section is subject to the provisions of Section | ||||||
7 | 2QQQ of the Consumer Fraud and Deceptive Business Practices | ||||||
8 | Act. | ||||||
9 | (g) Notwithstanding the requirements of subsection (a), a | ||||||
10 | law enforcement agency may not publish booking photographs, | ||||||
11 | commonly known as "mugshots", on its social networking website | ||||||
12 | in connection with civil offenses, petty offenses, business | ||||||
13 | offenses, Class C misdemeanors, and Class B misdemeanors | ||||||
14 | unless the booking photograph is posted to the social | ||||||
15 | networking website to assist in the search for a missing | ||||||
16 | person or to assist in the search for a fugitive, person of | ||||||
17 | interest, or individual wanted in relation to a crime other | ||||||
18 | than a petty offense, business offense, Class C misdemeanor, | ||||||
19 | or Class B misdemeanor. As used in this subsection, "social | ||||||
20 | networking website" has the meaning provided in Section 10 of | ||||||
21 | the Right to Privacy in the Workplace Act. | ||||||
22 | (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; | ||||||
23 | 102-1104, eff. 1-1-23.)
| ||||||
24 | Section 1-35. The Illinois Public Labor Relations Act is | ||||||
25 | amended by changing Section 14 as follows:
|
| |||||||
| |||||||
1 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| ||||||
2 | Sec. 14. Security employee, peace officer and fire fighter | ||||||
3 | disputes.
| ||||||
4 | (a) In the case of collective bargaining agreements | ||||||
5 | involving units of
security employees of a public employer, | ||||||
6 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
7 | and in the case of disputes under Section 18,
unless the | ||||||
8 | parties mutually agree to some other time limit, mediation
| ||||||
9 | shall commence 30 days prior to the expiration date of such | ||||||
10 | agreement or
at such later time as the mediation services | ||||||
11 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
12 | the parties. In the case of negotiations
for an initial | ||||||
13 | collective bargaining agreement, mediation shall commence
upon | ||||||
14 | 15 days notice from either party or at such later time as the
| ||||||
15 | mediation services chosen pursuant to subsection (b) of | ||||||
16 | Section 12 can be
provided to the parties. In mediation under | ||||||
17 | this Section, if either party
requests the use of mediation | ||||||
18 | services from the Federal Mediation and
Conciliation Service, | ||||||
19 | the other party shall either join in such request or
bear the | ||||||
20 | additional cost of mediation services from another source. The
| ||||||
21 | mediator shall have a duty to keep the Board informed on the | ||||||
22 | progress of
the mediation. If any dispute has not been | ||||||
23 | resolved within 15 days after
the first meeting of the parties | ||||||
24 | and the mediator, or within such other
time limit as may be | ||||||
25 | mutually agreed upon by the parties, either the
exclusive |
| |||||||
| |||||||
1 | representative or employer may request of the other, in | ||||||
2 | writing,
arbitration, and shall submit a copy of the request | ||||||
3 | to the Board.
| ||||||
4 | (b) Within 10 days after such a request for arbitration | ||||||
5 | has been
made, the employer shall choose a delegate and
the | ||||||
6 | employees' exclusive representative shall choose a delegate to | ||||||
7 | a panel
of arbitration as provided in this Section. The | ||||||
8 | employer and employees
shall forthwith advise the other and | ||||||
9 | the Board of their selections.
| ||||||
10 | (c) Within 7 days after the request of either party, the | ||||||
11 | parties shall request a panel of impartial arbitrators from | ||||||
12 | which they shall select the neutral chairman according to the | ||||||
13 | procedures provided in this Section. If the parties have | ||||||
14 | agreed to a contract that contains a grievance resolution | ||||||
15 | procedure as provided in Section 8, the chairman shall be | ||||||
16 | selected using their agreed contract procedure unless they | ||||||
17 | mutually agree to another procedure. If the parties fail to | ||||||
18 | notify the Board of their selection of neutral chairman within | ||||||
19 | 7 days after receipt of the list of impartial arbitrators, the | ||||||
20 | Board shall appoint, at random, a neutral chairman from the | ||||||
21 | list. In the absence of an agreed contract procedure for | ||||||
22 | selecting an impartial arbitrator, either party may request a | ||||||
23 | panel from the Board. Within 7 days of the request of either | ||||||
24 | party, the Board shall select
from the Public Employees Labor | ||||||
25 | Mediation Roster 7 persons who are on the
labor arbitration | ||||||
26 | panels of either the American Arbitration Association or
the |
| |||||||
| |||||||
1 | Federal Mediation and Conciliation Service, or who are members | ||||||
2 | of the
National Academy of Arbitrators, as nominees for
| ||||||
3 | impartial arbitrator of the arbitration panel. The parties may | ||||||
4 | select an
individual on the list provided by the Board or any | ||||||
5 | other individual
mutually agreed upon by the parties. Within 7 | ||||||
6 | days following the receipt
of the list, the parties shall | ||||||
7 | notify the Board of the person they have
selected. Unless the | ||||||
8 | parties agree on an alternate selection procedure,
they shall | ||||||
9 | alternatively strike one name from the list provided by the
| ||||||
10 | Board until only one name remains. A coin toss shall determine | ||||||
11 | which party
shall strike the first name. If the parties fail to | ||||||
12 | notify the Board in a
timely manner of their selection for | ||||||
13 | neutral chairman, the Board shall
appoint a neutral chairman | ||||||
14 | from the Illinois Public Employees
Mediation/Arbitration | ||||||
15 | Roster.
| ||||||
16 | (d) The chairman shall call a hearing to begin within 15 | ||||||
17 | days and give
reasonable notice of the time and place of the | ||||||
18 | hearing. The hearing
shall be held at the offices of the Board | ||||||
19 | or at such other location as the
Board deems appropriate. The | ||||||
20 | chairman shall preside over the hearing and
shall take | ||||||
21 | testimony. Any oral or documentary evidence and other data
| ||||||
22 | deemed relevant by the arbitration panel may be received in | ||||||
23 | evidence. The
proceedings shall be informal. Technical rules | ||||||
24 | of evidence shall not apply
and the competency of the evidence | ||||||
25 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
26 | proceedings shall be made and the arbitrator shall
arrange for |
| |||||||
| |||||||
1 | the necessary recording service. Transcripts may be ordered at
| ||||||
2 | the expense of the party ordering them, but the transcripts | ||||||
3 | shall not be
necessary for a decision by the arbitration | ||||||
4 | panel. The expense of the
proceedings, including a fee for the | ||||||
5 | chairman, shall be borne equally by each of the parties to the | ||||||
6 | dispute.
The delegates, if public officers or employees, shall | ||||||
7 | continue on the
payroll of the public employer without loss of | ||||||
8 | pay. The hearing conducted
by the arbitration panel may be | ||||||
9 | adjourned from time to time, but unless
otherwise agreed by | ||||||
10 | the parties, shall be concluded within 30 days of the
time of | ||||||
11 | its commencement. Majority actions and rulings shall | ||||||
12 | constitute
the actions and rulings of the arbitration panel. | ||||||
13 | Arbitration proceedings
under this Section shall not be | ||||||
14 | interrupted or terminated by reason of any
unfair labor | ||||||
15 | practice charge filed by either party at any time.
| ||||||
16 | (e) The arbitration panel may administer oaths, require | ||||||
17 | the attendance
of witnesses, and the production of such books, | ||||||
18 | papers, contracts, agreements
and documents as may be deemed | ||||||
19 | by it material to a just determination of
the issues in | ||||||
20 | dispute, and for such purpose may issue subpoenas. If any
| ||||||
21 | person refuses to obey a subpoena, or refuses to be sworn or to | ||||||
22 | testify,
or if any witness, party or attorney is guilty of any | ||||||
23 | contempt while in
attendance at any hearing, the arbitration | ||||||
24 | panel may, or the attorney general
if requested shall, invoke | ||||||
25 | the aid of any circuit court within the jurisdiction
in which | ||||||
26 | the hearing is being held, which court shall issue an |
| |||||||
| |||||||
1 | appropriate
order. Any failure to obey the order may be | ||||||
2 | punished by the court as contempt.
| ||||||
3 | (f) At any time before the rendering of an award, the | ||||||
4 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
5 | it would be useful or
beneficial to do so, may remand the | ||||||
6 | dispute to the parties for further
collective bargaining for a | ||||||
7 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
8 | further collective bargaining the time provisions of this
Act | ||||||
9 | shall be extended for a time period equal to that of the | ||||||
10 | remand. The
chairman of the panel of arbitration shall notify | ||||||
11 | the Board of the remand.
| ||||||
12 | (g) At or before the conclusion of the hearing held | ||||||
13 | pursuant to subsection
(d), the arbitration panel shall | ||||||
14 | identify the economic issues in dispute,
and direct each of | ||||||
15 | the parties to submit, within such time limit as the
panel | ||||||
16 | shall prescribe, to the arbitration panel and to each other | ||||||
17 | its last
offer of settlement on each economic issue. The | ||||||
18 | determination of the
arbitration panel as to the issues in | ||||||
19 | dispute and as to which of these
issues are economic shall be | ||||||
20 | conclusive. The arbitration panel, within 30
days after the | ||||||
21 | conclusion of the hearing, or such further additional
periods | ||||||
22 | to which the parties may agree, shall make written findings of | ||||||
23 | fact
and promulgate a written opinion and shall mail or | ||||||
24 | otherwise deliver a true
copy thereof to the parties and their | ||||||
25 | representatives and to the Board. As
to each economic issue, | ||||||
26 | the arbitration panel shall adopt the last offer of
settlement |
| |||||||
| |||||||
1 | which, in the opinion of the arbitration panel, more nearly
| ||||||
2 | complies with the applicable factors prescribed in subsection | ||||||
3 | (h). The
findings, opinions and order as to all other issues | ||||||
4 | shall be based upon the
applicable factors prescribed in | ||||||
5 | subsection (h).
| ||||||
6 | (h) Where there is no agreement between the parties, or | ||||||
7 | where there is
an agreement but the parties have begun | ||||||
8 | negotiations or discussions looking
to a new agreement or | ||||||
9 | amendment of the existing agreement, and wage rates
or other | ||||||
10 | conditions of employment under the proposed new or amended | ||||||
11 | agreement
are in dispute, the arbitration panel shall base its | ||||||
12 | findings, opinions
and order upon the following factors, as | ||||||
13 | applicable:
| ||||||
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 |
| |||||||
| |||||||
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 | ||||||
19 | decision shall be
limited to wages, hours, and conditions of | ||||||
20 | employment (which may include
residency requirements in | ||||||
21 | municipalities with a population under 1,000,000, 100,000, but
| ||||||
22 | those residency requirements shall not allow residency outside | ||||||
23 | of Illinois)
and shall not include
the following: i) residency | ||||||
24 | requirements in municipalities with a population
of at least | ||||||
25 | 1,000,000 100,000 ; ii) the type of equipment, other
than | ||||||
26 | uniforms, issued or used; iii) manning; iv) the total number |
| |||||||
| |||||||
1 | of
employees employed by the department; v) mutual aid and | ||||||
2 | assistance
agreements to other units of government; and vi) | ||||||
3 | the criterion pursuant to
which force, including deadly force, | ||||||
4 | can be used; provided, nothing herein
shall preclude an | ||||||
5 | arbitration decision regarding equipment or manning
levels if | ||||||
6 | such decision is based on a finding that the equipment or | ||||||
7 | manning
considerations in a specific work assignment involve a | ||||||
8 | serious risk to the
safety of a peace officer beyond that which | ||||||
9 | is inherent in the normal
performance of police duties. | ||||||
10 | Limitation of the terms of the arbitration
decision pursuant | ||||||
11 | to this subsection shall not be construed to limit the
factors | ||||||
12 | upon which the decision may be based, as set forth in | ||||||
13 | subsection (h).
| ||||||
14 | In the case of fire fighter, and fire department or fire | ||||||
15 | district paramedic
matters, the arbitration decision shall be | ||||||
16 | limited to wages, hours, and
conditions of employment | ||||||
17 | (including manning and also including residency requirements | ||||||
18 | in
municipalities with a population under 1,000,000, but those | ||||||
19 | residency
requirements shall not allow residency outside of | ||||||
20 | Illinois) and shall not
include the
following matters: i) | ||||||
21 | residency requirements in municipalities with a
population of | ||||||
22 | at least 1,000,000; ii) the type of equipment (other than
| ||||||
23 | uniforms and fire fighter turnout gear) issued or used; iii) | ||||||
24 | the total
number of employees employed by the department; iv) | ||||||
25 | mutual aid and
assistance agreements to other units of | ||||||
26 | government; and v) the criterion
pursuant to which force, |
| |||||||
| |||||||
1 | including deadly force, can be used; provided,
however, | ||||||
2 | nothing herein shall preclude an arbitration decision | ||||||
3 | regarding
equipment levels if such decision is based on a | ||||||
4 | finding that the equipment
considerations in a specific work | ||||||
5 | assignment involve a serious risk to the
safety of a fire | ||||||
6 | fighter beyond that which is inherent in the normal
| ||||||
7 | performance of fire fighter duties. Limitation of the terms of | ||||||
8 | the
arbitration decision pursuant to this subsection shall not | ||||||
9 | be construed to
limit the facts upon which the decision may be | ||||||
10 | based, as set forth in
subsection (h).
| ||||||
11 | The changes to this subsection (i) made by Public Act | ||||||
12 | 90-385 (relating to residency requirements) do not
apply to | ||||||
13 | persons who are employed by a combined department that | ||||||
14 | performs both
police and firefighting services; these persons | ||||||
15 | shall be governed by the
provisions of this subsection (i) | ||||||
16 | relating to peace officers, as they existed
before the | ||||||
17 | amendment by Public Act 90-385.
| ||||||
18 | To preserve historical bargaining rights, this subsection | ||||||
19 | shall not apply
to any provision of a fire fighter collective | ||||||
20 | bargaining agreement in effect
and applicable on the effective | ||||||
21 | date of this Act; provided, however, nothing
herein shall | ||||||
22 | preclude arbitration with respect to any such provision.
| ||||||
23 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
24 | by the
filing of a letter requesting mediation as required | ||||||
25 | under subsection (a)
of this Section. The commencement of a | ||||||
26 | new municipal fiscal year after the
initiation of arbitration |
| |||||||
| |||||||
1 | procedures under this Act, but before the
arbitration | ||||||
2 | decision, or its enforcement, shall not be deemed to render a
| ||||||
3 | dispute moot, or to otherwise impair the jurisdiction or | ||||||
4 | authority of the
arbitration panel or its decision. Increases | ||||||
5 | in rates
of compensation awarded by the arbitration panel may | ||||||
6 | be effective only at
the start of the fiscal year next | ||||||
7 | commencing after the date of the arbitration
award. If a new | ||||||
8 | fiscal year has commenced either since the initiation of
| ||||||
9 | arbitration procedures under this Act or since any mutually | ||||||
10 | agreed
extension of the statutorily required period of | ||||||
11 | mediation
under this Act by the parties to the labor dispute | ||||||
12 | causing a
delay in the initiation of arbitration, the | ||||||
13 | foregoing limitations shall be
inapplicable, and such awarded | ||||||
14 | increases may be retroactive to the
commencement of the fiscal | ||||||
15 | year, any other statute or charter provisions to
the contrary, | ||||||
16 | notwithstanding. At any time the parties, by stipulation, may
| ||||||
17 | amend or modify an award of arbitration.
| ||||||
18 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
19 | upon
appropriate petition by either the public employer or the | ||||||
20 | exclusive
bargaining representative, by the circuit court for | ||||||
21 | the county in which the
dispute arose or in which a majority of | ||||||
22 | the affected employees reside, but
only for reasons that the | ||||||
23 | arbitration panel was without or exceeded its
statutory | ||||||
24 | authority; the order is arbitrary, or capricious; or the order
| ||||||
25 | was procured by fraud, collusion or other similar and unlawful | ||||||
26 | means. Such
petitions for review must be filed with the |
| |||||||
| |||||||
1 | appropriate circuit court
within 90 days following the | ||||||
2 | issuance of the arbitration order. The
pendency of such | ||||||
3 | proceeding for review shall not automatically stay the
order | ||||||
4 | of the arbitration panel. The party against whom the final | ||||||
5 | decision
of any such court shall be adverse, if such court | ||||||
6 | finds such appeal or
petition to be frivolous, shall pay | ||||||
7 | reasonable attorneys' fees and costs to
the successful party | ||||||
8 | as determined by said court in its discretion. If said
court's | ||||||
9 | decision affirms the award of money, such award, if | ||||||
10 | retroactive,
shall bear interest at the rate of 12 percent per | ||||||
11 | annum from the effective
retroactive date.
| ||||||
12 | (l) During the pendency of proceedings before the | ||||||
13 | arbitration panel,
existing wages, hours, and other conditions | ||||||
14 | of employment shall not be
changed by action of either party | ||||||
15 | without the consent of the other but a
party may so consent | ||||||
16 | without prejudice to his rights or position under
this Act. | ||||||
17 | The proceedings are deemed to be pending before the | ||||||
18 | arbitration
panel upon the initiation of arbitration | ||||||
19 | procedures under this Act.
| ||||||
20 | (m) Security officers of public employers, and Peace | ||||||
21 | Officers, Fire
Fighters and fire department and fire | ||||||
22 | protection district paramedics,
covered by this Section may | ||||||
23 | not withhold services, nor may public employers
lock out or | ||||||
24 | prevent such employees from performing services at any time.
| ||||||
25 | (n) All of the terms decided upon by the arbitration panel | ||||||
26 | shall be included
in an agreement to be submitted to the public |
| |||||||
| |||||||
1 | employer's governing body
for ratification and adoption by | ||||||
2 | law, ordinance or the equivalent
appropriate means.
| ||||||
3 | The governing body shall review each term decided by the | ||||||
4 | arbitration panel.
If the governing body fails to reject one | ||||||
5 | or more terms of the
arbitration panel's decision by a 3/5 vote | ||||||
6 | of those duly elected and
qualified members of the governing | ||||||
7 | body, within 20 days of issuance, or
in the case of | ||||||
8 | firefighters employed by a state university, at the next
| ||||||
9 | regularly scheduled meeting of the governing body after | ||||||
10 | issuance, such
term or terms shall become a part of the | ||||||
11 | collective bargaining agreement of
the parties. If the | ||||||
12 | governing body affirmatively rejects one or more terms
of the | ||||||
13 | arbitration panel's decision, it must provide reasons for such
| ||||||
14 | rejection with respect to each term so rejected, within 20 | ||||||
15 | days of such
rejection and the parties shall return to the | ||||||
16 | arbitration panel
for further proceedings and issuance of a | ||||||
17 | supplemental decision with respect
to the rejected terms. Any | ||||||
18 | supplemental decision by an arbitration panel
or other | ||||||
19 | decision maker agreed to by the parties shall be submitted to
| ||||||
20 | the governing body for ratification and adoption in accordance | ||||||
21 | with the
procedures and voting requirements set forth in this | ||||||
22 | Section.
The voting requirements of this subsection shall | ||||||
23 | apply to all disputes
submitted to arbitration pursuant to | ||||||
24 | this Section notwithstanding any
contrary voting requirements | ||||||
25 | contained in any existing collective
bargaining agreement | ||||||
26 | between the parties.
|
| |||||||
| |||||||
1 | (o) If the governing body of the employer votes to reject | ||||||
2 | the panel's
decision, the parties shall return to the panel | ||||||
3 | within 30 days from the
issuance of the reasons for rejection | ||||||
4 | for further proceedings and issuance
of a supplemental | ||||||
5 | decision. All reasonable costs of such supplemental
proceeding | ||||||
6 | including the exclusive representative's reasonable attorney's
| ||||||
7 | fees, as established by the Board, shall be paid by the | ||||||
8 | employer.
| ||||||
9 | (p) Notwithstanding the provisions of this Section the | ||||||
10 | employer and
exclusive representative may agree to submit | ||||||
11 | unresolved disputes concerning
wages, hours, terms and | ||||||
12 | conditions of employment to an alternative form of
impasse | ||||||
13 | resolution.
| ||||||
14 | The amendatory changes to this Section made by Public Act | ||||||
15 | 101-652 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 | ||||||
18 | First Responder Partnership for Deflection and Substance Use | ||||||
19 | Disorder Treatment Act is amended by changing Sections 1, 5, | ||||||
20 | 10, 15, 20, 30, and 35 as follows: | ||||||
21 | (5 ILCS 820/1) | ||||||
22 | Sec. 1. Short title. This Act may be cited as the | ||||||
23 | Community-Law Enforcement and Other First Responder | ||||||
24 | Partnership for Deflection and Substance Use Disorder |
| |||||||
| |||||||
1 | Treatment 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 | ||||||
5 | that opioid use disorders, overdoses, and deaths in Illinois | ||||||
6 | are persistent and growing concerns for Illinois communities. | ||||||
7 | These concerns compound existing challenges to adequately | ||||||
8 | address and manage substance use and mental health disorders. | ||||||
9 | Law enforcement officers , other first responders, and | ||||||
10 | co-responders have a unique opportunity to facilitate | ||||||
11 | connections to community-based behavioral health interventions | ||||||
12 | that provide substance use treatment and can help save and | ||||||
13 | restore lives; help reduce drug use, overdose incidence, | ||||||
14 | criminal offending, and recidivism; and help prevent arrest | ||||||
15 | and conviction records that destabilize health, families, and | ||||||
16 | opportunities for community citizenship and self-sufficiency. | ||||||
17 | These efforts are bolstered when pursued in partnership with | ||||||
18 | licensed behavioral health treatment providers and community | ||||||
19 | members or organizations. It is the intent of the General | ||||||
20 | Assembly to authorize law enforcement and other first | ||||||
21 | responders to develop and implement collaborative deflection | ||||||
22 | programs in Illinois that offer immediate pathways to | ||||||
23 | substance use treatment and other services as an alternative | ||||||
24 | to traditional case processing and involvement in the criminal | ||||||
25 | justice system , and to unnecessary admission to emergency |
| |||||||
| |||||||
1 | departments .
| ||||||
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 | ||||||
6 | persons in gaining access to needed social, educational, | ||||||
7 | medical, substance use and mental health treatment, and other | ||||||
8 | services.
| ||||||
9 | "Community member or organization" means an individual | ||||||
10 | volunteer, resident, public office, or a not-for-profit | ||||||
11 | organization, religious institution, charitable organization, | ||||||
12 | or other public body committed to the improvement of | ||||||
13 | individual and family mental and physical well-being and the | ||||||
14 | overall social welfare of the community, and may include | ||||||
15 | persons with lived experience in recovery from substance use | ||||||
16 | disorder, either themselves or as family members.
| ||||||
17 | "Other first responder" means and includes emergency | ||||||
18 | medical services providers that are public units of | ||||||
19 | government, fire departments and districts, and officials and | ||||||
20 | responders representing and employed by these entities. | ||||||
21 | "Deflection program" means a program in which a peace | ||||||
22 | officer or member of a law enforcement agency or other first | ||||||
23 | responder facilitates contact between an individual and a | ||||||
24 | licensed substance use treatment provider or clinician for | ||||||
25 | assessment and coordination of treatment planning , including |
| |||||||
| |||||||
1 | co-responder approaches that incorporate behavioral health, | ||||||
2 | peer, or social work professionals with law enforcement or | ||||||
3 | other first responders at the scene . This facilitation | ||||||
4 | includes defined criteria for eligibility and communication | ||||||
5 | protocols agreed to by the law enforcement agency or other | ||||||
6 | first responder entity and the licensed treatment provider for | ||||||
7 | the purpose of providing substance use treatment to those | ||||||
8 | persons in lieu of arrest or further justice system | ||||||
9 | involvement , or unnecessary admissions to the emergency | ||||||
10 | department . Deflection programs may include, but are not | ||||||
11 | limited 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 |
| |||||||
| |||||||
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 | ||||||
7 | department or county sheriff's office of this State, the | ||||||
8 | Illinois State Police, or other law enforcement agency whose | ||||||
9 | officers, by statute, are granted and authorized to exercise | ||||||
10 | powers similar to those conferred upon any peace officer | ||||||
11 | employed by a law enforcement agency of this State.
| ||||||
12 | "Licensed treatment provider" means an organization | ||||||
13 | licensed by the Department of Human Services to perform an | ||||||
14 | activity or service, or a coordinated range of those | ||||||
15 | activities or services, as the Department of Human Services | ||||||
16 | may establish by rule, such as the broad range of emergency, | ||||||
17 | outpatient, intensive outpatient, and residential services and | ||||||
18 | care, including assessment, diagnosis, case management, | ||||||
19 | medical, psychiatric, psychological and social services, | ||||||
20 | medication-assisted treatment, care and counseling, and | ||||||
21 | recovery support, which may be extended to persons to assess | ||||||
22 | or treat substance use disorder or to families of those | ||||||
23 | persons.
| ||||||
24 | "Peace officer" means any peace officer or member of any | ||||||
25 | duly organized State, county, or municipal peace officer unit, | ||||||
26 | any police force of another State, or any police force whose |
| |||||||
| |||||||
1 | members, by statute, are granted and authorized to exercise | ||||||
2 | powers similar to those conferred upon any peace officer | ||||||
3 | employed by a law enforcement agency of this State.
| ||||||
4 | "Substance use disorder" means a pattern of use of alcohol | ||||||
5 | or other drugs leading to clinical or functional impairment, | ||||||
6 | in accordance with the definition in the Diagnostic and | ||||||
7 | Statistical Manual of Mental Disorders (DSM-5), or in any | ||||||
8 | subsequent editions.
| ||||||
9 | "Treatment" means the broad range of emergency, | ||||||
10 | outpatient, intensive outpatient, and residential services and | ||||||
11 | care (including assessment, diagnosis, case management, | ||||||
12 | medical, psychiatric, psychological and social services, | ||||||
13 | medication-assisted treatment, care and counseling, and | ||||||
14 | recovery support) which may be extended to persons who have | ||||||
15 | substance use disorders, persons with mental illness, or | ||||||
16 | families of those persons.
| ||||||
17 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
18 | 102-813, eff. 5-13-22.) | ||||||
19 | (5 ILCS 820/15) | ||||||
20 | Sec. 15. Authorization.
| ||||||
21 | (a) Any law enforcement agency or other first responder | ||||||
22 | entity may establish a deflection program subject to the | ||||||
23 | provisions of this Act in partnership with one or more | ||||||
24 | licensed providers of substance use disorder treatment | ||||||
25 | services and one or more community members or organizations.
|
| |||||||
| |||||||
1 | Programs established by another first responder entity shall | ||||||
2 | also include a law enforcement agency. | ||||||
3 | (b) The deflection program may involve a post-overdose | ||||||
4 | deflection response, a self-referral deflection response, an | ||||||
5 | active outreach deflection response, an officer or other first | ||||||
6 | responder prevention deflection response, or an officer | ||||||
7 | intervention deflection response, or any combination of those.
| ||||||
8 | (c) Nothing shall preclude the General Assembly from | ||||||
9 | adding other responses to a deflection program, or preclude a | ||||||
10 | law enforcement agency or other first responder entity from | ||||||
11 | developing a deflection program response based on a model | ||||||
12 | unique and responsive to local issues, substance use or mental | ||||||
13 | health needs, and partnerships, using sound and promising or | ||||||
14 | evidence-based practices.
| ||||||
15 | (c-5) Whenever appropriate and available, case management | ||||||
16 | should be provided by a licensed treatment provider or other | ||||||
17 | appropriate provider and may include peer recovery support | ||||||
18 | approaches. | ||||||
19 | (d) To receive funding for activities as described in | ||||||
20 | Section 35 of this Act, planning for the deflection program | ||||||
21 | shall 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 |
| |||||||
| |||||||
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; | ||||||
11 | 101-652, eff. 7-1-21 .) | ||||||
12 | (5 ILCS 820/20) | ||||||
13 | Sec. 20. Procedure. The law enforcement agency or other | ||||||
14 | first responder entity , licensed treatment providers, and | ||||||
15 | community members or organizations shall establish a local | ||||||
16 | deflection program plan that includes protocols and procedures | ||||||
17 | for participant identification, screening or assessment, | ||||||
18 | treatment facilitation, reporting, and ongoing involvement of | ||||||
19 | the law enforcement agency. Licensed substance use disorder | ||||||
20 | treatment organizations shall adhere to 42 CFR Part 2 | ||||||
21 | regarding confidentiality regulations for information exchange | ||||||
22 | or release. Substance use disorder treatment services shall | ||||||
23 | adhere to all regulations specified in Department of Human | ||||||
24 | Services Administrative Rules, Parts 2060 and 2090.
| ||||||
25 | (Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21 .) |
| |||||||
| |||||||
1 | (5 ILCS 820/30) | ||||||
2 | Sec. 30. Exemption from civil liability. The law | ||||||
3 | enforcement agency or peace officer or other first responder | ||||||
4 | acting in good faith shall not, as the result of acts or | ||||||
5 | omissions in providing services under Section 15 of this Act, | ||||||
6 | be liable for civil damages, unless the acts or omissions | ||||||
7 | constitute 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 | ||||||
12 | Illinois Criminal Justice Information Authority for the | ||||||
13 | purpose of funding law enforcement agencies or other first | ||||||
14 | responder entities for services provided by deflection program | ||||||
15 | partners 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 | ||||||
18 | expended on activities related to knowledge dissemination, | ||||||
19 | training, technical assistance, or other similar activities | ||||||
20 | intended to increase practitioner and public awareness of | ||||||
21 | deflection and/or to support its implementation. The Illinois | ||||||
22 | Criminal Justice Information Authority may adopt guidelines | ||||||
23 | and requirements to direct the distribution of funds for these | ||||||
24 | activities. |
| |||||||
| |||||||
1 | (b) The For all appropriated funds not distributed under | ||||||
2 | subsection (a.1), the Illinois Criminal Justice Information | ||||||
3 | Authority may adopt guidelines and requirements to direct the | ||||||
4 | distribution of funds for expenses related to deflection | ||||||
5 | programs. Funding shall be made available to support both new | ||||||
6 | and existing deflection programs in a broad spectrum of | ||||||
7 | geographic regions in this State, including urban, suburban, | ||||||
8 | and rural communities. Funding for deflection programs shall | ||||||
9 | be prioritized for communities that have been impacted by the | ||||||
10 | war on drugs, communities that have a police/community | ||||||
11 | relations issue, and communities that have a disproportionate | ||||||
12 | lack of access to mental health and drug treatment. Activities | ||||||
13 | eligible for funding under this Act may include, but are not | ||||||
14 | limited 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 |
| |||||||
| |||||||
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 | ||||||
15 | services or self-help entities may be a requirement of the | ||||||
16 | program services protocols. All deflection programs shall | ||||||
17 | encourage the involvement of key family members and | ||||||
18 | significant others as a part of a family-based approach to | ||||||
19 | treatment. All deflection programs are encouraged to use | ||||||
20 | evidence-based practices and outcome measures in the provision | ||||||
21 | of substance use disorder treatment and medication-assisted | ||||||
22 | treatment for persons with opioid use disorders.
| ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21; | ||||||
24 | 102-813, eff. 5-13-22.) | ||||||
25 | (5 ILCS 820/21 rep.) |
| |||||||
| |||||||
1 | Section 1-45. The Community-Law Enforcement Partnership | ||||||
2 | for Deflection and Substance Use Disorder Treatment Act is | ||||||
3 | amended by repealing Section 21. | ||||||
4 | (15 ILCS 205/10 rep.) | ||||||
5 | Section 1-50. The Attorney General Act is amended by | ||||||
6 | repealing Section 10. | ||||||
7 | Section 1-55. The Department of State Police Law of the
| ||||||
8 | Civil Administrative Code of Illinois is amended by changing | ||||||
9 | Section 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 | ||||||
13 | information must be made available to the news media for | ||||||
14 | inspection
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 |
| |||||||
| |||||||
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 | ||||||
6 | available to the
news media for inspection and copying as soon | ||||||
7 | as practicable, but in no event
shall the time period exceed 72 | ||||||
8 | hours from the arrest. The information
described in items (3), | ||||||
9 | (4), (5), and (6) of subsection (a),
however, may be withheld | ||||||
10 | if it is determined that disclosure would (i)
interfere with | ||||||
11 | pending or actually and reasonably contemplated law | ||||||
12 | enforcement
proceedings conducted by any law enforcement or | ||||||
13 | correctional agency; (ii)
endanger the life or physical safety | ||||||
14 | of law enforcement or correctional
personnel or any other | ||||||
15 | person; or (iii) compromise the security of any
correctional | ||||||
16 | facility.
| ||||||
17 | (c) For the purposes of this Section, the term "news | ||||||
18 | media" means personnel
of a newspaper or other periodical | ||||||
19 | issued at regular intervals whether in print
or electronic | ||||||
20 | format, a news service whether in print or electronic format, | ||||||
21 | a
radio station, a television station, a television network, a | ||||||
22 | community antenna
television service, or a person or | ||||||
23 | corporation engaged in making news reels or
other motion | ||||||
24 | picture news for public showing.
| ||||||
25 | (d) Each law enforcement or correctional agency may charge | ||||||
26 | fees
for arrest records, but in no instance may the fee exceed |
| |||||||
| |||||||
1 | the actual cost of
copying and reproduction. The fees may not | ||||||
2 | include the cost of the labor used
to reproduce the arrest | ||||||
3 | record.
| ||||||
4 | (e) The provisions of this Section do not supersede the | ||||||
5 | confidentiality
provisions for arrest records of the Juvenile | ||||||
6 | Court 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 | ||||||
9 | Section 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 | ||||||
12 | Illinois
State Police officer shall be removed, demoted, or | ||||||
13 | suspended except for
cause, upon written charges filed with | ||||||
14 | the Board by the Director and a hearing
before the Board | ||||||
15 | thereon upon not less than 10 days' notice at a place to
be | ||||||
16 | designated by the chairman thereof. At such hearing, the | ||||||
17 | accused shall
be afforded full opportunity to be heard in his | ||||||
18 | or her own defense and
to produce proof in his or her defense. | ||||||
19 | Anyone It shall not be a requirement of a person filing a | ||||||
20 | complaint against a State Police officer must to have the a | ||||||
21 | complaint supported by a sworn affidavit . Any such complaint, | ||||||
22 | having been supported by a sworn affidavit, and having been | ||||||
23 | found, in total or in part, to contain false information, | ||||||
24 | shall be presented to the appropriate State's Attorney for a |
| |||||||
| |||||||
1 | determination of prosecution or any other legal documentation. | ||||||
2 | This ban on an affidavit requirement shall apply to any | ||||||
3 | collective bargaining agreements entered after the effective | ||||||
4 | date of this provision .
| ||||||
5 | Before any such officer may be interrogated or examined by | ||||||
6 | or before the
Board, or by an Illinois
State Police agent or | ||||||
7 | investigator specifically assigned
to conduct an internal | ||||||
8 | investigation, the results of which hearing,
interrogation,
or | ||||||
9 | examination may be the basis for filing charges seeking his or | ||||||
10 | her
suspension for more than 15 days or his or her removal or | ||||||
11 | discharge,
he or she shall be advised in writing as to what | ||||||
12 | specific improper or
illegal act he or she is alleged to have | ||||||
13 | committed; he or she shall
be advised in writing that his or | ||||||
14 | her admissions made in the course
of the hearing, | ||||||
15 | interrogation, or examination may be used as the basis for
| ||||||
16 | charges seeking his or her suspension, removal, or discharge; | ||||||
17 | and he
or she shall be advised in writing that he or she has a | ||||||
18 | right to
counsel of his or her choosing, who may be present to | ||||||
19 | advise him or
her at any hearing, interrogation, or | ||||||
20 | examination. A complete record of
any hearing, interrogation, | ||||||
21 | or examination shall be made, and a complete
transcript or | ||||||
22 | electronic recording thereof shall be made available to such
| ||||||
23 | officer without charge and without delay.
| ||||||
24 | The Board shall have the power to secure by its subpoena
| ||||||
25 | both the attendance and testimony of witnesses and the | ||||||
26 | production of books
and papers in support of the charges and |
| |||||||
| |||||||
1 | for the defense. Each member of
the Board or a designated | ||||||
2 | hearing officer shall have the power to administer
oaths or | ||||||
3 | affirmations. If the charges against an accused are | ||||||
4 | established
by a preponderance of evidence, the Board shall | ||||||
5 | make a finding of guilty
and order either removal, demotion, | ||||||
6 | suspension for a period of not more
than 180 days, or such | ||||||
7 | other disciplinary punishment as may be prescribed
by the | ||||||
8 | rules and regulations of the Board which, in the opinion of the | ||||||
9 | members
thereof, the offense merits. Thereupon the
Director | ||||||
10 | shall direct such removal or other punishment as ordered by | ||||||
11 | the
Board and if the accused refuses to abide by any such | ||||||
12 | disciplinary
order, the Director shall remove him or her | ||||||
13 | forthwith.
| ||||||
14 | If the accused is found not guilty or has served a period | ||||||
15 | of suspension
greater than prescribed by the Board, the Board | ||||||
16 | shall order that the officer receive compensation for the | ||||||
17 | period involved.
The award of compensation shall include | ||||||
18 | interest at the rate of 7% per
annum.
| ||||||
19 | The Board may include in its order appropriate sanctions | ||||||
20 | based upon the
Board's rules and regulations. If the Board | ||||||
21 | finds that a party has made
allegations or denials without | ||||||
22 | reasonable cause or has engaged in frivolous
litigation for | ||||||
23 | the purpose of delay or needless increase in the cost of
| ||||||
24 | litigation, it may order that party to pay the other party's | ||||||
25 | reasonable
expenses, including costs and reasonable attorney's | ||||||
26 | fees. The State of
Illinois and the Illinois
State Police |
| |||||||
| |||||||
1 | shall be subject to these sanctions in the same
manner as other | ||||||
2 | parties.
| ||||||
3 | In case of the neglect or refusal of any person to obey a | ||||||
4 | subpoena issued
by the Board, any circuit court, upon | ||||||
5 | application
of any member of the Board, may order such person | ||||||
6 | to appear before the Board
and give testimony or produce | ||||||
7 | evidence, and any failure to obey such order
is punishable by | ||||||
8 | the court as a contempt thereof.
| ||||||
9 | The provisions of the Administrative Review Law, and all | ||||||
10 | amendments and
modifications thereof, and the rules adopted | ||||||
11 | pursuant thereto, shall apply
to and govern all proceedings | ||||||
12 | for the judicial review of any order of the
Board rendered | ||||||
13 | pursuant to the provisions of this Section.
| ||||||
14 | Notwithstanding the provisions of this Section, a policy | ||||||
15 | making
officer, as defined in the Employee Rights Violation | ||||||
16 | Act, of the Illinois State Police shall be discharged from the | ||||||
17 | Illinois State Police as
provided in the Employee Rights | ||||||
18 | Violation Act, enacted by the 85th General
Assembly.
| ||||||
19 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
20 | 102-813, eff. 5-13-22.)
| ||||||
21 | (20 ILCS 2610/17c rep.) | ||||||
22 | Section 1-65. The State Police Act is amended by repealing | ||||||
23 | Section 17c. | ||||||
24 | (20 ILCS 3930/7.7 rep.) |
| |||||||
| |||||||
1 | (20 ILCS 3930/7.8 rep.) | ||||||
2 | Section 1-70. The Illinois Criminal Justice Information | ||||||
3 | Act 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 | ||||||
6 | repealing 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 | ||||||
9 | is amended by repealing Section 4.1. | ||||||
10 | Section 1-80. The Local Records Act is amended by changing | ||||||
11 | Section 3b as follows:
| ||||||
12 | (50 ILCS 205/3b)
| ||||||
13 | Sec. 3b. Arrest records and reports.
| ||||||
14 | (a) When an individual is arrested, the following | ||||||
15 | information must
be made available to the news media for | ||||||
16 | inspection 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.
|
| |||||||
| |||||||
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 | ||||||
9 | available to the
news media for inspection and copying as soon | ||||||
10 | as practicable, but in no event
shall the time period exceed 72 | ||||||
11 | hours from the arrest. The information
described in paragraphs | ||||||
12 | (3), (4), (5), and (6) of subsection (a), however,
may be | ||||||
13 | withheld 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" | ||||||
23 | means personnel
of a newspaper or other periodical issued at | ||||||
24 | regular intervals whether in
print or electronic format, a | ||||||
25 | news service whether in print or electronic
format,
a radio | ||||||
26 | station, a television station, a television network, a |
| |||||||
| |||||||
1 | community
antenna television service,
or a person or | ||||||
2 | corporation engaged in making news reels or other motion | ||||||
3 | picture
news for public showing.
| ||||||
4 | (d) Each law enforcement or correctional agency may charge | ||||||
5 | fees for arrest
records, but in no instance may the fee exceed | ||||||
6 | the actual cost of copying and
reproduction. The fees may not | ||||||
7 | include the cost of the labor used to reproduce
the arrest | ||||||
8 | record.
| ||||||
9 | (e) The provisions of this Section do not supersede the | ||||||
10 | confidentiality
provisions for arrest records of the Juvenile | ||||||
11 | Court Act of 1987.
| ||||||
12 | (f) All information, including photographs, made available | ||||||
13 | under this Section is subject to the provisions of Section | ||||||
14 | 2QQQ of the Consumer Fraud and Deceptive Business Practices | ||||||
15 | Act. | ||||||
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 | ||||||
19 | repealing Section 25. | ||||||
20 | Section 1-90. The Illinois Police Training Act is amended | ||||||
21 | by 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 |
| |||||||
| |||||||
1 | to ensure the continuing effectiveness of this
Section, it is | ||||||
2 | set forth in full and reenacted by this amendatory
Act of the | ||||||
3 | 102nd General Assembly. This
reenactment is intended as a | ||||||
4 | continuation of this Section. This
reenactment is
not intended | ||||||
5 | to supersede any amendment to this Section that may be
made by | ||||||
6 | any other Public Act of the 102nd General Assembly.
| ||||||
7 | (a) All law enforcement agencies shall notify the Board of | ||||||
8 | any final determination of willful violation of department or | ||||||
9 | agency 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 | ||||||
18 | final decision of discharge or dismissal and final exhaustion | ||||||
19 | of any appeal, or resignation, and shall provide information | ||||||
20 | regarding the nature of the violation.
| ||||||
21 | (b) Upon receiving notification from a law enforcement | ||||||
22 | agency, the Board must notify the law enforcement officer of | ||||||
23 | the report and his or her right to provide a statement | ||||||
24 | regarding the reported violation. | ||||||
25 | (c) The Board shall maintain a database readily available | ||||||
26 | to any chief administrative officer, or his or her designee, |
| |||||||
| |||||||
1 | of a law enforcement agency or any State's Attorney that shall | ||||||
2 | show each reported instance, including the name of the | ||||||
3 | officer, the nature of the violation, reason for the final | ||||||
4 | decision of discharge or dismissal, and any statement provided | ||||||
5 | by the officer.
| ||||||
6 | (Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652, | ||||||
7 | Article 25, Section 25-45, eff. 1-1-22; 102-694, eff. 1-7-22. | ||||||
8 | Reenacted 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 | ||||||
12 | adopt rules and
minimum standards for such schools which shall | ||||||
13 | include, 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | 101-652 shall take effect January 1, 2022. | ||||||
9 | Notwithstanding any provision of law to the contrary, the | ||||||
10 | changes made to this Section by this amendatory Act of the | ||||||
11 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
12 | 102-28 , 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; | ||||||
14 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
15 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
16 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
17 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
18 | eff. 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 | ||||||
21 | adopt rules and
minimum standards for such schools which shall | ||||||
22 | include, 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
16 | 101-652 shall take effect January 1, 2022. | ||||||
17 | Notwithstanding any provision of law to the contrary, the | ||||||
18 | changes made to this Section by this amendatory Act of the | ||||||
19 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
20 | 102-28 , 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; | ||||||
22 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
23 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
24 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
25 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
26 | eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23; |
| |||||||
| |||||||
1 | revised 8-11-22.) | ||||||
2 | (50 ILCS 705/10.17) | ||||||
3 | Sec. 10.17. Crisis intervention team training; mental | ||||||
4 | health awareness training. | ||||||
5 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
6 | shall develop and approve a standard curriculum for certified | ||||||
7 | training programs in crisis intervention , including a | ||||||
8 | specialty certification course of at least 40 hours, | ||||||
9 | addressing specialized policing responses to people with | ||||||
10 | mental illnesses. The Board shall conduct Crisis Intervention | ||||||
11 | Team (CIT) training programs that train officers to identify | ||||||
12 | signs and symptoms of mental illness, to de-escalate | ||||||
13 | situations involving individuals who appear to have a mental | ||||||
14 | illness, and connect that person in crisis to treatment. | ||||||
15 | Crisis Intervention Team (CIT) training programs shall be a | ||||||
16 | collaboration between law enforcement professionals, mental | ||||||
17 | health providers, families, and consumer advocates and must | ||||||
18 | minimally include the following components:
(1) basic | ||||||
19 | information about mental illnesses and how to recognize them; | ||||||
20 | (2) information about mental health laws and resources; (3) | ||||||
21 | learning from family members of individuals with mental | ||||||
22 | illness and their experiences; and (4) verbal de-escalation | ||||||
23 | training and role-plays. Officers who have successfully | ||||||
24 | completed this program shall be issued a certificate attesting | ||||||
25 | to their attendance of a Crisis Intervention Team (CIT) |
| |||||||
| |||||||
1 | training program.
| ||||||
2 | (b) The Board shall create an introductory course | ||||||
3 | incorporating adult learning models that provides law | ||||||
4 | enforcement officers with an awareness of mental health issues | ||||||
5 | including a history of the mental health system, types of | ||||||
6 | mental health illness including signs and symptoms of mental | ||||||
7 | illness and common treatments and medications, and the | ||||||
8 | potential interactions law enforcement officers may have on a | ||||||
9 | regular basis with these individuals, their families, and | ||||||
10 | service providers including de-escalating a potential crisis | ||||||
11 | situation. This course, in addition to other traditional | ||||||
12 | learning settings, may be made available in an electronic | ||||||
13 | format. | ||||||
14 | The amendatory changes to this Section made by Public Act | ||||||
15 | 101-652 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 | ||||||
19 | by repealing Section 10.6. | ||||||
20 | Section 1-100. The Law Enforcement Officer-Worn Body | ||||||
21 | Camera Act is amended by changing Sections 10-10, 10-15, | ||||||
22 | 10-20, and 10-25 as follows: | ||||||
23 | (50 ILCS 706/10-10)
|
| |||||||
| |||||||
1 | Sec. 10-10. Definitions. As used in this Act: | ||||||
2 | "Badge" means an officer's department issued | ||||||
3 | identification number associated with his or her position as a | ||||||
4 | police officer with that department. | ||||||
5 | "Board" means the Illinois Law Enforcement Training | ||||||
6 | Standards Board created by the Illinois Police Training Act. | ||||||
7 | "Business offense" means a petty offense for which the | ||||||
8 | fine is in excess of $1,000. | ||||||
9 | "Community caretaking function" means a task undertaken by | ||||||
10 | a law enforcement officer in which the officer is performing | ||||||
11 | an articulable act unrelated to the investigation of a crime. | ||||||
12 | "Community caretaking function" includes, but is not limited | ||||||
13 | to, participating in town halls or other community outreach, | ||||||
14 | helping a child find his or her parents, providing death | ||||||
15 | notifications, and performing in-home or hospital well-being | ||||||
16 | checks on the sick, elderly, or persons presumed missing. | ||||||
17 | "Community caretaking function" excludes law | ||||||
18 | enforcement-related encounters or activities. | ||||||
19 | "Fund" means the Law Enforcement Camera Grant Fund.
| ||||||
20 | "In uniform" means a law enforcement officer who is | ||||||
21 | wearing any officially authorized uniform designated by a law | ||||||
22 | enforcement agency, or a law enforcement officer who is | ||||||
23 | visibly wearing articles of clothing, a badge, tactical gear, | ||||||
24 | gun belt, a patch, or other insignia that he or she is a law | ||||||
25 | enforcement officer acting in the course of his or her duties. | ||||||
26 | "Law enforcement officer" or "officer" means any person |
| |||||||
| |||||||
1 | employed by a State, county, municipality, special district, | ||||||
2 | college, unit of government, or any other entity authorized by | ||||||
3 | law to employ peace officers or exercise police authority and | ||||||
4 | who is primarily responsible for the prevention or detection | ||||||
5 | of crime and the enforcement of the laws of this State. | ||||||
6 | "Law enforcement agency" means all State agencies with law | ||||||
7 | enforcement officers, county sheriff's offices, municipal, | ||||||
8 | special district, college, or unit of local government police | ||||||
9 | departments. | ||||||
10 | "Law enforcement-related encounters or activities" | ||||||
11 | include, but are not limited to, traffic stops, pedestrian | ||||||
12 | stops, arrests, searches, interrogations, investigations, | ||||||
13 | pursuits, crowd control, traffic control, non-community | ||||||
14 | caretaking interactions with an individual while on patrol, or | ||||||
15 | any other instance in which the officer is enforcing the laws | ||||||
16 | of the municipality, county, or State. "Law | ||||||
17 | enforcement-related encounter or activities" does not include | ||||||
18 | when the officer is completing paperwork alone , is | ||||||
19 | participating in training in a classroom setting, or is only | ||||||
20 | in the presence of another law enforcement officer. | ||||||
21 | "Minor traffic offense" means a petty offense, business | ||||||
22 | offense, or Class C misdemeanor under the Illinois Vehicle | ||||||
23 | Code or a similar provision of a municipal or local ordinance. | ||||||
24 | "Officer-worn body camera" means an electronic camera | ||||||
25 | system for creating, generating, sending, receiving, storing, | ||||||
26 | displaying, and processing audiovisual recordings that may be |
| |||||||
| |||||||
1 | worn about the person of a law enforcement officer. | ||||||
2 | "Peace officer" has the meaning provided in Section 2-13 | ||||||
3 | of the Criminal Code of 2012. | ||||||
4 | "Petty offense" means any offense for which a sentence of | ||||||
5 | imprisonment is not an authorized disposition. | ||||||
6 | "Recording" means the process of capturing data or | ||||||
7 | information stored on a recording medium as required under | ||||||
8 | this Act.
| ||||||
9 | "Recording medium" means any recording medium authorized | ||||||
10 | by the Board for the retention and playback of recorded audio | ||||||
11 | and video including, but not limited to, VHS, DVD, hard drive, | ||||||
12 | cloud storage, solid state, digital, flash memory technology, | ||||||
13 | or 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 | ||||||
18 | officer-worn body cameras is subject to the provisions of this | ||||||
19 | Act, whether or not the agency receives or has received monies | ||||||
20 | from the Law Enforcement Camera Grant Fund. (a) All law | ||||||
21 | enforcement agencies must employ the use of officer-worn body | ||||||
22 | cameras in accordance with the provisions of this Act, whether | ||||||
23 | or not the agency receives or has received monies from the Law | ||||||
24 | Enforcement Camera Grant Fund.
| ||||||
25 | (b) Except as provided in subsection (b-5), all law |
| |||||||
| |||||||
1 | enforcement agencies must implement the use of body cameras | ||||||
2 | for all law enforcement officers, according to the following | ||||||
3 | schedule: | ||||||
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 | ||||||
19 | municipality with a population of at least 100,000 but not | ||||||
20 | more than 500,000 or a law enforcement agency that serves a | ||||||
21 | county with a population of at least 100,000 but not more than | ||||||
22 | 500,000 has ordered by October 1, 2022 or purchased by that | ||||||
23 | date officer-worn body cameras for use by the law enforcement | ||||||
24 | agency, then the law enforcement agency may implement the use | ||||||
25 | of body cameras for all of its law enforcement officers by no | ||||||
26 | later than July 1, 2023. Records of purchase within this |
| |||||||
| |||||||
1 | timeline shall be submitted to the Illinois Law Enforcement | ||||||
2 | Training Standards Board by January 1, 2023. | ||||||
3 | (c) A law enforcement agency's compliance with the | ||||||
4 | requirements under this Section shall receive preference by | ||||||
5 | the Illinois Law Enforcement Training Standards Board in | ||||||
6 | awarding grant funding under the Law Enforcement Camera Grant | ||||||
7 | Act. | ||||||
8 | (d) This Section does not apply to court security | ||||||
9 | officers, State's Attorney investigators, and Attorney General | ||||||
10 | investigators. | ||||||
11 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
12 | 102-1104, 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 | ||||||
16 | of officer-worn body cameras by law enforcement agencies. The | ||||||
17 | guidelines developed by the Board shall be the basis for the | ||||||
18 | written policy which must be adopted by each law enforcement | ||||||
19 | agency which employs the use of officer-worn body cameras. The | ||||||
20 | written policy adopted by the law enforcement agency must | ||||||
21 | include, 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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
22 | camera are not subject to disclosure under the Freedom of | ||||||
23 | Information 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 |
| |||||||
| |||||||
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), | ||||||
22 | the subject of the encounter does not have a reasonable | ||||||
23 | expectation of privacy if the subject was arrested as a result | ||||||
24 | of the encounter. For purposes of subparagraph (A) of | ||||||
25 | paragraph (1) of this subsection (b), "witness" does not | ||||||
26 | include a person who is a victim or who was arrested as a |
| |||||||
| |||||||
1 | result of the encounter.
| ||||||
2 | Only recordings or portions of recordings responsive to | ||||||
3 | the request shall be available for inspection or reproduction. | ||||||
4 | Any recording disclosed under the Freedom of Information Act | ||||||
5 | shall be redacted to remove identification of any person that | ||||||
6 | appears on the recording and is not the officer, a subject of | ||||||
7 | the encounter, or directly involved in the encounter. Nothing | ||||||
8 | in this subsection (b) shall require the disclosure of any | ||||||
9 | recording or portion of any recording which would be exempt | ||||||
10 | from disclosure under the Freedom of Information Act. | ||||||
11 | (c) Nothing in this Section shall limit access to a camera | ||||||
12 | recording for the purposes of complying with Supreme Court | ||||||
13 | rules or the rules of evidence.
| ||||||
14 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
15 | 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. | ||||||
16 | 12-6-22.) | ||||||
17 | (50 ILCS 706/10-25) | ||||||
18 | Sec. 10-25. Reporting. | ||||||
19 | (a) Each law enforcement agency which employs the use of | ||||||
20 | officer-worn body cameras must provide an annual report on the | ||||||
21 | use of officer-worn body cameras to the Board, on or before May | ||||||
22 | 1 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; |
| |||||||
| |||||||
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 | ||||||
17 | analyze the law enforcement agency reports and provide an | ||||||
18 | annual 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 | ||||||
21 | amended by changing Section 10 as follows: | ||||||
22 | (50 ILCS 707/10) | ||||||
23 | Sec. 10. Law Enforcement Camera Grant Fund; creation, | ||||||
24 | rules. |
| |||||||
| |||||||
1 | (a) The Law Enforcement Camera Grant Fund is created as a | ||||||
2 | special fund in the State treasury. From appropriations to the | ||||||
3 | Board from the Fund, the Board must make grants to units of | ||||||
4 | local government in Illinois and Illinois public universities | ||||||
5 | for the purpose of (1) purchasing in-car video cameras for use | ||||||
6 | in law enforcement vehicles, (2) purchasing officer-worn body | ||||||
7 | cameras and associated technology for law enforcement | ||||||
8 | officers, and (3) training for law enforcement officers in the | ||||||
9 | operation of the cameras. Grants under this Section may be | ||||||
10 | used to offset data storage costs for officer-worn body | ||||||
11 | cameras. | ||||||
12 | Moneys received for the purposes of this Section, | ||||||
13 | including, without limitation, fee receipts and gifts, grants, | ||||||
14 | and awards from any public or private entity, must be | ||||||
15 | deposited into the Fund. Any interest earned on moneys in the | ||||||
16 | Fund must be deposited into the Fund. | ||||||
17 | (b) The Board may set requirements for the distribution of | ||||||
18 | grant moneys and determine which law enforcement agencies are | ||||||
19 | eligible. | ||||||
20 | (b-5) The Board shall consider compliance with the Uniform | ||||||
21 | Crime Reporting Act as a factor in awarding grant moneys. | ||||||
22 | (c) (Blank). | ||||||
23 | (d) (Blank). | ||||||
24 | (e) (Blank).
| ||||||
25 | (f) (Blank). | ||||||
26 | (g) (Blank). |
| |||||||
| |||||||
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 | ||||||
4 | by 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 | ||||||
7 | Illinois State Police shall be a central repository and | ||||||
8 | custodian of crime statistics for the State and shall have all | ||||||
9 | the power necessary to carry out the purposes of this Act, | ||||||
10 | including the power to demand and receive cooperation in the | ||||||
11 | submission of crime statistics from all law enforcement | ||||||
12 | agencies. All data and information provided to the Illinois | ||||||
13 | State Police under this Act must be provided in a manner and | ||||||
14 | form prescribed by the Illinois State Police. On an annual | ||||||
15 | basis, the Illinois State Police shall make available | ||||||
16 | compilations of crime statistics and monthly reporting | ||||||
17 | required to be reported by each law enforcement agency.
| ||||||
18 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
19 | 102-813, eff. 5-13-22.) | ||||||
20 | (50 ILCS 709/5-12) | ||||||
21 | Sec. 5-12. Monthly reporting. All law enforcement agencies | ||||||
22 | shall submit to the Illinois State Police on a monthly basis | ||||||
23 | the following: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
3 | 102-538, 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 | ||||||
6 | shall annually report to the Illinois Law Enforcement Training | ||||||
7 | Standards Board and the Department of Revenue any law | ||||||
8 | enforcement agency not in compliance with the reporting | ||||||
9 | requirements under this Act. A law enforcement agency's | ||||||
10 | compliance with the reporting requirements under this Act | ||||||
11 | shall be a factor considered by the Illinois Law Enforcement | ||||||
12 | Training Standards Board in awarding grant funding under the | ||||||
13 | Law Enforcement Camera Grant Act , with preference to law | ||||||
14 | enforcement agencies which are in compliance with reporting | ||||||
15 | requirements under this Act .
| ||||||
16 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
17 | 102-813, eff. 5-13-22.) | ||||||
18 | (50 ILCS 709/5-11 rep.) | ||||||
19 | Section 1-110. The Uniform Crime Reporting Act is amended | ||||||
20 | by repealing Section 5-11. | ||||||
21 | Section 1-115. The Uniform Peace Officers' Disciplinary | ||||||
22 | Act is amended by changing Sections 3.2, 3.4, and 3.8 as | ||||||
23 | follows:
|
| |||||||
| |||||||
1 | (50 ILCS 725/3.2) (from Ch. 85, par. 2555)
| ||||||
2 | Sec. 3.2.
No officer shall be subjected to interrogation | ||||||
3 | without first
being informed in writing of the nature of the | ||||||
4 | investigation. If an administrative
proceeding is instituted, | ||||||
5 | the officer shall be informed beforehand of the
names of all | ||||||
6 | complainants. The information shall be sufficient as to | ||||||
7 | reasonably
apprise the officer of the nature of the | ||||||
8 | investigation.
| ||||||
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 | ||||||
12 | informed in writing of the name, rank and unit or command of | ||||||
13 | the officer in charge of the investigation,
the
interrogators , | ||||||
14 | and all persons who will be present on the behalf of the | ||||||
15 | employer during any interrogation except
at a public | ||||||
16 | administrative proceeding. The officer under investigation | ||||||
17 | shall inform the employer of any person who will be present on | ||||||
18 | his or her behalf during any interrogation except at a public | ||||||
19 | administrative 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 |
| |||||||
| |||||||
1 | advised
in writing that admissions made in the course of the | ||||||
2 | interrogation may be
used as evidence of misconduct or as the | ||||||
3 | basis for charges seeking suspension,
removal, or discharge; | ||||||
4 | and without first being advised in writing that he
or she has | ||||||
5 | the right to counsel of his or her choosing who may be present
| ||||||
6 | to advise him or her at any stage of any interrogation.
| ||||||
7 | (b) Anyone It shall not be a requirement for a person | ||||||
8 | filing a complaint against a sworn peace officer must to have | ||||||
9 | the
complaint supported by a sworn affidavit . Any complaint, | ||||||
10 | having been supported by a sworn affidavit, and having been | ||||||
11 | found, in total or in part, to contain knowingly false | ||||||
12 | material information, shall be presented to the appropriate | ||||||
13 | State's Attorney for a determination of prosecution. or any | ||||||
14 | other legal documentation. This ban on an affidavit | ||||||
15 | requirement shall apply to any collective bargaining | ||||||
16 | agreements 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 | ||||||
19 | Act 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 | ||||||
22 | provisions of this Act apply only to the extent there is
no | ||||||
23 | collective bargaining agreement currently in effect dealing | ||||||
24 | with the
subject matter of this Act.
|
| |||||||
| |||||||
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 | ||||||
4 | Improvement Act is amended by repealing Section 1-35. | ||||||
5 | Section 1-130. The Counties Code is amended by changing | ||||||
6 | Sections 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 | ||||||
11 | established to: (i) examine the current caseload and determine | ||||||
12 | the optimal caseload for public defenders in the State; (ii) | ||||||
13 | examine the quality of legal services being offered to | ||||||
14 | defendants by public defenders of the State; and (iii) make | ||||||
15 | recommendations to improve the caseload of public defenders | ||||||
16 | and quality of legal services offered by public defenders ; and | ||||||
17 | (iv) provide recommendations to the General Assembly and | ||||||
18 | Governor on legislation to provide for an effective public | ||||||
19 | defender system throughout the State and encourage the active | ||||||
20 | and substantial participation of the private bar in the | ||||||
21 | representation of accused people . | ||||||
22 | (b) The following members shall be appointed to the Task | ||||||
23 | Force by the Governor no later than 30 days after the effective |
| |||||||
| |||||||
1 | date 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 | ||||||
13 | may be reimbursed for their expenses incurred in performing | ||||||
14 | their duties. If a vacancy occurs in the Task Force | ||||||
15 | membership, the vacancy shall be filled in the same manner as | ||||||
16 | the original appointment for the remainder of the Task Force. | ||||||
17 | (c) The Task Force shall hold a minimum of 2 public | ||||||
18 | hearings. At the public hearings, the Task Force shall take | ||||||
19 | testimony of public defenders, former criminal defendants | ||||||
20 | represented by public defenders, and any other person the Task | ||||||
21 | Force believes would aid the Task Force's examination and | ||||||
22 | recommendations under subsection (a). The Task may meet as | ||||||
23 | such other times as it deems appropriate. | ||||||
24 | (d) The Office of the State Appellate Defender shall | ||||||
25 | provide administrative and other support to the Task Force. | ||||||
26 | (e) The Task Force shall prepare a report that summarizes |
| |||||||
| |||||||
1 | its work and makes recommendations resulting from its study. | ||||||
2 | The Task Force shall submit the report of its findings and | ||||||
3 | recommendations to the Governor and the General Assembly no | ||||||
4 | later 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. | ||||||
9 | The fees of
sheriffs in counties of the first and second class, | ||||||
10 | except when increased
by county ordinance under this Section, | ||||||
11 | shall be as follows:
| ||||||
12 | For serving or attempting to serve summons on each | ||||||
13 | defendant
in each county, $10.
| ||||||
14 | For serving or attempting to serve an order or judgment | ||||||
15 | granting injunctive
relief in each county, $10.
| ||||||
16 | For serving or attempting to serve each garnishee in each | ||||||
17 | county, $10.
| ||||||
18 | For serving or attempting to serve an order for replevin | ||||||
19 | in each county,
$10.
| ||||||
20 | For serving or attempting to serve an order for attachment | ||||||
21 | on 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 | ||||||
25 | Illinois, upon
conviction, the court shall assess, as court |
| |||||||
| |||||||
1 | costs, 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
| ||||||
4 | witness, 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 | ||||||
8 | such
process as Stated above, calculating from the place of | ||||||
9 | holding court to
the place of residence of the defendant, or | ||||||
10 | witness, 50¢ each way.
| ||||||
11 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
12 | all counties.
| ||||||
13 | For serving or attempting to serve notice of judgments or | ||||||
14 | levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||||||
15 | all counties.
| ||||||
16 | For taking possession of and removing property levied on, | ||||||
17 | the officer
shall be allowed to tax the actual cost of such | ||||||
18 | possession or removal.
| ||||||
19 | For feeding each prisoner, such compensation to cover the | ||||||
20 | actual cost
as may be fixed by the county board, but such | ||||||
21 | compensation shall not be
considered a part of the fees of the | ||||||
22 | office.
| ||||||
23 | For attending before a court with prisoner, on an order | ||||||
24 | for habeas
corpus, in each county, $10 per day.
| ||||||
25 | For attending before a court with a prisoner in any | ||||||
26 | criminal
proceeding, in each county, $10 per day.
|
| |||||||
| |||||||
1 | For each mile of necessary travel in taking such prisoner | ||||||
2 | before the
court as stated above, 15¢ a mile each way.
| ||||||
3 | For serving or attempting to serve an order or judgment | ||||||
4 | for the
possession of real estate in an action of ejectment or | ||||||
5 | in any other action,
or for restitution in an eviction action | ||||||
6 | without aid,
$10 and when aid is necessary, the sheriff shall | ||||||
7 | be allowed to tax in
addition the actual costs thereof, and for | ||||||
8 | each mile of necessary travel,
50¢ each way.
| ||||||
9 | For executing and acknowledging a deed of sale of real | ||||||
10 | estate, in
counties of first class, $4; second class, $4.
| ||||||
11 | For preparing, executing and acknowledging a deed on | ||||||
12 | redemption from
a court sale of real estate in counties of | ||||||
13 | first class, $5; second
class, $5.
| ||||||
14 | For making certificates of sale, and making and filing | ||||||
15 | duplicate, in
counties of first class, $3; in counties of the | ||||||
16 | second class, $3.
| ||||||
17 | For making certificate of redemption, $3.
| ||||||
18 | For certificate of levy and filing, $3, and the fee for | ||||||
19 | recording
shall be advanced by the judgment creditor and | ||||||
20 | charged as costs.
| ||||||
21 | For taking all civil bonds on legal process , civil and | ||||||
22 | criminal, in counties of
first class,
$1; in second class, $1.
| ||||||
23 | For executing copies in criminal cases, $4 and mileage for | ||||||
24 | each 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 |
| |||||||
| |||||||
1 | to the jail
of another county, or from another county to the | ||||||
2 | jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||||||
3 | For conveying persons to the penitentiary, reformatories, | ||||||
4 | Illinois
State Training School for Boys, Illinois State | ||||||
5 | Training School for Girls
and Reception Centers, the following | ||||||
6 | fees, payable out of the State treasury. For each person who is | ||||||
7 | conveyed, 35¢ per mile in going only to
the penitentiary, | ||||||
8 | reformatory, Illinois State Training School for Boys,
Illinois | ||||||
9 | State Training School for Girls and Reception Centers, from | ||||||
10 | the
place of conviction.
| ||||||
11 | The fees provided for transporting persons to the | ||||||
12 | penitentiary,
reformatories, Illinois State Training School | ||||||
13 | for Boys, Illinois State
Training School for Girls and | ||||||
14 | Reception Centers shall be paid for each
trip so made. Mileage | ||||||
15 | as used in this Section means the shortest
practical route, | ||||||
16 | between the place from which the person is to be
transported, | ||||||
17 | to the penitentiary, reformatories, Illinois State Training
| ||||||
18 | School for Boys, Illinois State Training School for Girls and | ||||||
19 | Reception
Centers and all fees per mile shall be computed on | ||||||
20 | such basis.
| ||||||
21 | For conveying any person to or from any of the charitable
| ||||||
22 | institutions of the State, when properly committed by | ||||||
23 | competent
authority, when one person is conveyed, 35¢ per | ||||||
24 | mile; when two persons
are conveyed at the same time, 35¢ per | ||||||
25 | mile for the first person and 20¢
per mile for the second | ||||||
26 | person; and 10¢ per mile for each additional person.
|
| |||||||
| |||||||
1 | For conveying a person from the penitentiary to the county | ||||||
2 | jail 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 | ||||||
5 | sheriff a fee
of $600 for the sale of real estate which is made | ||||||
6 | by virtue of
any judgment of a court, except that in the case | ||||||
7 | of a sale of unimproved
real estate which sells for $10,000 or | ||||||
8 | less, the fee shall be $150.
In addition to this fee and all | ||||||
9 | other fees provided by this Section, there
shall be allowed to | ||||||
10 | the sheriff a fee in accordance with the following
schedule | ||||||
11 | for the sale of personal estate which is made by virtue of any
| ||||||
12 | judgment 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 | ||||||
17 | fees that
may be collected from any officer, agency, | ||||||
18 | department or other
instrumentality of the State. The county | ||||||
19 | board may, however, by ordinance,
increase the fees allowed by | ||||||
20 | this Section and collect those increased fees
from all persons | ||||||
21 | and entities other than officers, agencies, departments
and | ||||||
22 | other instrumentalities of the State if the increase is | ||||||
23 | justified by an
acceptable cost study showing that the fees | ||||||
24 | allowed by this Section are not
sufficient to cover the costs | ||||||
25 | of providing the service. A statement of the
costs of | ||||||
26 | providing each service, program and activity shall be prepared |
| |||||||
| |||||||
1 | by
the county board. All supporting documents shall be public | ||||||
2 | records and
subject to public examination and audit. All | ||||||
3 | direct and indirect costs, as
defined in the United States | ||||||
4 | Office of Management and Budget Circular A-87,
may be included | ||||||
5 | in the determination of the costs of each service,
program and | ||||||
6 | activity.
| ||||||
7 | In all cases where the judgment is settled by the parties, | ||||||
8 | replevied,
stopped by injunction or paid, or where the | ||||||
9 | property levied upon is not
actually sold, the sheriff shall | ||||||
10 | be allowed his fee for levying and
mileage, together with half | ||||||
11 | the fee for all money collected by him which he
would be | ||||||
12 | entitled to if the same was made by sale to enforce the | ||||||
13 | judgment.
In no case shall the fee exceed the amount of money | ||||||
14 | arising from the sale.
| ||||||
15 | The fee requirements of this Section do not apply to | ||||||
16 | police departments
or other law enforcement agencies. For the | ||||||
17 | purposes of this Section, "law
enforcement agency" means an | ||||||
18 | agency of the State or unit of local government
which is vested | ||||||
19 | by law or ordinance with the duty to maintain public order
and | ||||||
20 | to enforce criminal laws.
| ||||||
21 | (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
22 | 101-652.)
| ||||||
23 | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| ||||||
24 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
25 | officers herein named, in counties of the third class,
shall |
| |||||||
| |||||||
1 | be entitled to receive the fees herein specified, for the | ||||||
2 | services
mentioned and such other fees as may be provided by | ||||||
3 | law for such other
services not herein designated.
| ||||||
4 | Fees for Sheriff
| ||||||
5 | For serving or attempting to serve any summons on each | ||||||
6 | defendant, $35.
| ||||||
7 | For serving or attempting to serve each alias summons or | ||||||
8 | other process
mileage will be charged as hereinafter provided | ||||||
9 | when the address for
service differs from the address for | ||||||
10 | service on the original summons or
other process.
| ||||||
11 | For serving or attempting to serve all other process, on | ||||||
12 | each defendant, $35.
| ||||||
13 | For serving or attempting to serve a subpoena on each | ||||||
14 | witness, $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 | ||||||
19 | for replevin, $35.
| ||||||
20 | For serving or attempting to serve an order for | ||||||
21 | attachment, on each
defendant, $35.
| ||||||
22 | For serving or attempting to serve an order or judgment | ||||||
23 | for the
possession of real estate in an action of ejectment or | ||||||
24 | in any other action,
or for restitution in an eviction action, | ||||||
25 | without
aid, $35, and when aid is necessary, the sheriff shall | ||||||
26 | be allowed to tax in
addition the actual costs thereof.
|
| |||||||
| |||||||
1 | For serving or attempting to serve notice of judgment, | ||||||
2 | $35.
| ||||||
3 | For levying to satisfy an order in an action for | ||||||
4 | attachment, $25.
| ||||||
5 | For executing order of court to seize personal property, | ||||||
6 | $25.
| ||||||
7 | For making certificate of levy on real estate and filing | ||||||
8 | or recording
same, $8, and the fee for filing or recording | ||||||
9 | shall be advanced by the
plaintiff in attachment or by the | ||||||
10 | judgment creditor and taxed as costs.
For taking possession of | ||||||
11 | or removing property levied on, the sheriff
shall be allowed | ||||||
12 | to tax the necessary actual costs of such possession or
| ||||||
13 | removal.
| ||||||
14 | For advertising property for sale, $20.
| ||||||
15 | For making certificate of sale and making and filing | ||||||
16 | duplicate for
record, $15, and the fee for recording same | ||||||
17 | shall be advanced by the
judgment creditor and taxed as costs.
| ||||||
18 | For preparing, executing and acknowledging deed on | ||||||
19 | redemption from a
court sale of real estate, $15; for | ||||||
20 | preparing, executing and
acknowledging all other deeds on sale | ||||||
21 | of real estate, $10.
| ||||||
22 | For making and filing certificate of redemption, $15, and | ||||||
23 | the fee
for recording same shall be advanced by party making | ||||||
24 | the redemption and
taxed as costs.
| ||||||
25 | For making and filing certificate of redemption from a | ||||||
26 | court sale,
$11, and the fee for recording same shall be |
| |||||||
| |||||||
1 | advanced by the party
making the redemption and taxed as | ||||||
2 | costs.
| ||||||
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 | ||||||
7 | a $10 flat fee.
| ||||||
8 | For attending before a court with a prisoner on an order | ||||||
9 | for habeas
corpus, $9 per day.
| ||||||
10 | For executing requisitions from other States, $13.
| ||||||
11 | For conveying each prisoner from the prisoner's county to | ||||||
12 | the 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 | ||||||
16 | actual costs as
may be fixed by the county board, but such | ||||||
17 | compensation shall not be
considered a part of the fees of the | ||||||
18 | office.
| ||||||
19 | For committing each prisoner to jail under the laws of the | ||||||
20 | United
States, to be paid by the marshal or other person | ||||||
21 | requiring his
confinement, $3.
| ||||||
22 | For feeding such prisoners per day, $3, to be paid by the | ||||||
23 | marshal or
other person requiring the prisoner's confinement.
| ||||||
24 | For discharging such prisoners, $3.
| ||||||
25 | For conveying persons to the penitentiary, reformatories, | ||||||
26 | Illinois
State Training School for Boys, Illinois State |
| |||||||
| |||||||
1 | Training School for
Girls, Reception Centers and Illinois | ||||||
2 | Security Hospital, the following
fees, payable out of the | ||||||
3 | State Treasury. When one person is conveyed,
20¢ per mile in | ||||||
4 | going to the penitentiary, reformatories, Illinois State
| ||||||
5 | Training School for Boys, Illinois State Training School for | ||||||
6 | Girls,
Reception Centers and Illinois Security Hospital from | ||||||
7 | the place of
conviction; when 2 persons are conveyed at the | ||||||
8 | same time, 20¢ per mile
for the first and 15¢ per mile for the | ||||||
9 | second person; when more than 2
persons are conveyed at the | ||||||
10 | same time as Stated above, the sheriff shall
be allowed 20¢ per | ||||||
11 | mile for the first, 15¢ per mile
for the second and
10¢ per | ||||||
12 | mile for each additional person.
| ||||||
13 | The fees provided for herein for transporting persons to | ||||||
14 | the
penitentiary, reformatories, Illinois State Training | ||||||
15 | School for Boys,
Illinois State Training School for Girls, | ||||||
16 | Reception Centers and Illinois
Security Hospital, shall be | ||||||
17 | paid for each trip so made. Mileage as used
in this Section | ||||||
18 | means the shortest route on a hard surfaced road,
(either | ||||||
19 | State Bond Issue Route or Federal highways) or railroad,
| ||||||
20 | whichever is shorter, between the place from which the person | ||||||
21 | is to be
transported, to the penitentiary, reformatories, | ||||||
22 | Illinois State Training
School for Boys, Illinois State | ||||||
23 | Training School for Girls, Reception
Centers and Illinois | ||||||
24 | Security Hospital, and all fees per mile shall be
computed on | ||||||
25 | such basis.
| ||||||
26 | In addition to the above fees, there shall be allowed to |
| |||||||
| |||||||
1 | the sheriff
a fee of $900 for the sale of real estate which | ||||||
2 | shall be made by virtue
of any judgment of a court. In addition | ||||||
3 | to this fee and all other fees
provided by this Section, there | ||||||
4 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
5 | following schedule for the sale of personal estate
which is | ||||||
6 | made 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, | ||||||
11 | replevied,
stopped by injunction or paid, or where the | ||||||
12 | property levied upon is not
actually sold, the sheriff shall | ||||||
13 | be allowed the fee for levying and
mileage, together with half | ||||||
14 | the fee for all money collected by him or
her which he or she | ||||||
15 | would be entitled to if the same were made by sale
in the | ||||||
16 | enforcement of a judgment. In no case shall the fee exceed the
| ||||||
17 | amount of money arising from the sale.
| ||||||
18 | The fee requirements of this Section do not apply to | ||||||
19 | police departments
or other law enforcement agencies. For the | ||||||
20 | purposes of this Section, "law
enforcement agency" means an | ||||||
21 | agency of the State or unit of local government
which is vested | ||||||
22 | by law or ordinance with the duty to maintain public order
and | ||||||
23 | to enforce criminal laws or ordinances.
| ||||||
24 | The fee requirements of this Section do not apply to units | ||||||
25 | of local
government or school districts.
| ||||||
26 | (Source: P.A. 100-173, eff. 1-1-18 ; 101-652.)
|
| |||||||
| |||||||
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; | ||||||
3 | local
governments and school districts. The officers herein | ||||||
4 | named, in counties of
the third class, shall be entitled to | ||||||
5 | receive the fees herein specified
from all units of local | ||||||
6 | government and school districts, for the services
mentioned | ||||||
7 | and such other fees as may be provided by law for such other
| ||||||
8 | services not herein designated.
| ||||||
9 | Fees for Sheriff
| ||||||
10 | For serving or attempting to serve any summons on each | ||||||
11 | defendant, $25.
| ||||||
12 | For serving or attempting to serve each alias summons or | ||||||
13 | other process
mileage will be charged as hereinafter provided | ||||||
14 | when the address for
service differs from the address for | ||||||
15 | service on the original summons or
other process.
| ||||||
16 | For serving or attempting to serve all other process, on | ||||||
17 | each defendant, $25.
| ||||||
18 | For serving or attempting to serve a subpoena on each | ||||||
19 | witness, $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 | ||||||
24 | for replevin, $25.
| ||||||
25 | For serving or attempting to serve an order for |
| |||||||
| |||||||
1 | attachment, on each
defendant, $25.
| ||||||
2 | For serving or attempting to serve an order or judgment | ||||||
3 | for the
possession of real estate in an action of ejectment or | ||||||
4 | in any other action,
or for restitution in an eviction action, | ||||||
5 | without
aid, $9, and when aid is necessary, the sheriff shall | ||||||
6 | be 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 | ||||||
10 | attachment, $25.
| ||||||
11 | For executing order of court to seize personal property, | ||||||
12 | $25.
| ||||||
13 | For making certificate of levy on real estate and filing | ||||||
14 | or recording
same, $3, and the fee for filing or recording | ||||||
15 | shall be advanced by the
plaintiff in attachment or by the | ||||||
16 | judgment creditor and taxed as costs.
For taking possession of | ||||||
17 | or removing property levied on, the sheriff
shall be allowed | ||||||
18 | to tax the necessary actual costs of such possession or
| ||||||
19 | removal.
| ||||||
20 | For advertising property for sale, $3.
| ||||||
21 | For making certificate of sale and making and filing | ||||||
22 | duplicate for
record, $3, and the fee for recording same shall | ||||||
23 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
24 | For preparing, executing and acknowledging deed on | ||||||
25 | redemption from a
court sale of real estate, $6; for | ||||||
26 | preparing, executing and
acknowledging all other deeds on sale |
| |||||||
| |||||||
1 | of real estate, $4.
| ||||||
2 | For making and filing certificate of redemption, $3.50, | ||||||
3 | and the fee
for recording same shall be advanced by party | ||||||
4 | making the redemption and
taxed as costs.
| ||||||
5 | For making and filing certificate of redemption from a | ||||||
6 | court sale,
$4.50, and the fee for recording same shall be | ||||||
7 | advanced by the party
making the redemption and taxed as | ||||||
8 | costs.
| ||||||
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 | ||||||
13 | a $10 flat fee.
| ||||||
14 | For attending before a court with a prisoner on an order | ||||||
15 | for 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 | ||||||
18 | the 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 | ||||||
22 | actual costs as
may be fixed by the county board, but such | ||||||
23 | compensation shall not be
considered a part of the fees of the | ||||||
24 | office.
| ||||||
25 | For committing each prisoner to jail under the laws of the | ||||||
26 | United
States, to be paid by the marshal or other person |
| |||||||
| |||||||
1 | requiring his
confinement, $1.
| ||||||
2 | For feeding such prisoners per day, $1, to be paid by the | ||||||
3 | marshal or
other person requiring the prisoner's confinement.
| ||||||
4 | For discharging such prisoners, $1.
| ||||||
5 | For conveying persons to the penitentiary, reformatories, | ||||||
6 | Illinois
State Training School for Boys, Illinois State | ||||||
7 | Training School for
Girls, Reception Centers and Illinois | ||||||
8 | Security Hospital, the following
fees, payable out of the | ||||||
9 | State Treasury. When one person is conveyed,
15¢ per mile in | ||||||
10 | going to the penitentiary, reformatories, Illinois State
| ||||||
11 | Training School for Boys, Illinois State Training School for | ||||||
12 | Girls,
Reception Centers and Illinois Security Hospital from | ||||||
13 | the place of
conviction; when 2 persons are conveyed at the | ||||||
14 | same time, 15¢ per mile
for the first and 10¢ per mile for the | ||||||
15 | second person; when more than 2
persons are conveyed at the | ||||||
16 | same time as stated above, the sheriff shall
be allowed 15¢ per | ||||||
17 | mile for the first, 10¢ per mile for the second and
5¢ per mile | ||||||
18 | for each additional person.
| ||||||
19 | The fees provided for herein for transporting persons to | ||||||
20 | the
penitentiary, reformatories, Illinois State Training | ||||||
21 | School for Boys,
Illinois State Training School for Girls, | ||||||
22 | Reception Centers and Illinois
Security Hospital, shall be | ||||||
23 | paid for each trip so made. Mileage as used
in this Section | ||||||
24 | means the shortest route on a hard surfaced road,
(either | ||||||
25 | State Bond Issue Route or Federal highways) or railroad,
| ||||||
26 | whichever is shorter, between the place from which the person |
| |||||||
| |||||||
1 | is to be
transported, to the penitentiary, reformatories, | ||||||
2 | Illinois State Training
School for Boys, Illinois State | ||||||
3 | Training School for Girls, Reception
Centers and Illinois | ||||||
4 | Security Hospital, and all fees per mile shall be
computed on | ||||||
5 | such basis.
| ||||||
6 | In addition to the above fees, there shall be allowed to | ||||||
7 | the sheriff
a fee of $600 for the sale of real estate which | ||||||
8 | shall be made by virtue
of any judgment of a court. In addition | ||||||
9 | to this fee and all other fees
provided by this Section, there | ||||||
10 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
11 | following schedule for the sale of personal estate
which is | ||||||
12 | made 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, | ||||||
17 | replevied,
stopped by injunction or paid, or where the | ||||||
18 | property levied upon is not
actually sold, the sheriff shall | ||||||
19 | be allowed the fee for levying and
mileage, together with half | ||||||
20 | the fee for all money collected by him or
her which he or she | ||||||
21 | would be entitled to if the same were made by sale
in the | ||||||
22 | enforcement of a judgment. In no case shall the fee exceed the
| ||||||
23 | amount of money arising from the sale. | ||||||
24 |
All fees collected under Sections 4-12001 and 4-12001.1 | ||||||
25 | must be used for public safety purposes only.
| ||||||
26 | (Source: P.A. 100-173, eff. 1-1-18 ; 101-652.)
|
| |||||||
| |||||||
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 | ||||||
4 | Sections 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 | ||||||
7 | repealing Section 11-5.1-2. | ||||||
8 | Section 1-145. The Illinois Municipal Code is amended by | ||||||
9 | reenacting 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 | ||||||
12 | impose a fee up to $20 for bail processing against any person | ||||||
13 | arrested for violating a bailable municipal ordinance or a | ||||||
14 | State or federal law.
| ||||||
15 | (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed | ||||||
16 | internally, eff. 1-1-23.) | ||||||
17 | Section 1-150. The Campus Security Enhancement Act of 2008 | ||||||
18 | is amended by changing Section 15 as follows:
| ||||||
19 | (110 ILCS 12/15)
| ||||||
20 | Sec. 15. Arrest reports.
|
| |||||||
| |||||||
1 | (a) When an individual is arrested, the following | ||||||
2 | information must
be made available to the news media for | ||||||
3 | inspection 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 | ||||||
18 | available to
the news media for inspection and copying as soon | ||||||
19 | as practicable, but in no
event shall the time period exceed 72 | ||||||
20 | hours from the arrest. The information
described in paragraphs | ||||||
21 | (3), (4), (5), and (6) of subsection (a), however, may
be | ||||||
22 | withheld 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 |
| |||||||
| |||||||
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" | ||||||
6 | means personnel
of a newspaper or other periodical issued at | ||||||
7 | regular intervals whether in
print or electronic format, a | ||||||
8 | news service whether in print or electronic
format, a radio | ||||||
9 | station, a television station, a television network, a
| ||||||
10 | community antenna television service, or a person or | ||||||
11 | corporation engaged in
making news reels or other motion | ||||||
12 | picture news for public showing.
| ||||||
13 | (d) Each law enforcement or correctional agency may charge | ||||||
14 | fees for arrest
records, but in no instance may the fee exceed | ||||||
15 | the actual cost of copying and
reproduction. The fees may not | ||||||
16 | include the cost of the labor used to reproduce
the arrest | ||||||
17 | record.
| ||||||
18 | (e) The provisions of this Section do not supersede the | ||||||
19 | confidentiality
provisions for arrest records of the Juvenile | ||||||
20 | Court 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 | ||||||
23 | changing Sections 143.19, 143.19.1, and 205 as follows:
| ||||||
24 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
|
| |||||||
| |||||||
1 | (Text of Section before amendment by P.A. 102-982 )
| ||||||
2 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
3 | grounds. After a policy of automobile insurance as defined in | ||||||
4 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
5 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
6 | option to cancel such policy
except for one or more of the | ||||||
7 | following 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
22 | 102-1104, eff. 1-1-23.)
| ||||||
23 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
24 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
25 | grounds. After a policy of automobile insurance as defined in |
| |||||||
| |||||||
1 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
2 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
3 | option to cancel such policy
except for one or more of the | ||||||
4 | following 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
19 | 102-1104, 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. | ||||||
23 | After a
policy of automobile insurance, as defined in
Section | ||||||
24 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
25 | company shall not exercise its right of non-renewal unless:
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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. | ||||||
18 | After a
policy of automobile insurance, as defined in
Section | ||||||
19 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
20 | company 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
14 | the
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
20 | providing that the
assets in a separate account are not | ||||||
21 | chargeable with the liabilities arising
out of any other | ||||||
22 | business of the insurer shall be satisfied out of the funded
| ||||||
23 | assets in the separate account equal to, but not to exceed, the | ||||||
24 | reserves
maintained in the separate account under the separate | ||||||
25 | account agreement, and to
the extent, if any, the claim is not | ||||||
26 | fully discharged thereby, the remainder
of the claim shall be |
| |||||||
| |||||||
1 | treated as a priority level (d) claim under paragraph
(d) of | ||||||
2 | this subsection to the extent that reserves have been | ||||||
3 | established in the
insurer's general account pursuant to | ||||||
4 | statute, rule, or the separate account
agreement.
| ||||||
5 | For purposes of this provision, "separate account | ||||||
6 | policies, contracts, or
agreements" means any policies, | ||||||
7 | contracts, or agreements that provide for
separate accounts as | ||||||
8 | contemplated by Section 245.21.
| ||||||
9 | To the extent that any assets of an insurer, other than | ||||||
10 | those assets properly
allocated to and maintained in a | ||||||
11 | separate account, have been used to fund or
pay any expenses, | ||||||
12 | taxes, or policyholder benefits that are attributable to a
| ||||||
13 | separate account policy, contract, or agreement that should | ||||||
14 | have been paid by a
separate account prior to the commencement | ||||||
15 | of receivership proceedings, then
upon the commencement of | ||||||
16 | receivership proceedings, the separate accounts
that benefited | ||||||
17 | from this payment or funding shall first be used to repay or
| ||||||
18 | reimburse the company's general assets or account for any | ||||||
19 | unreimbursed net sums
due at the commencement of receivership | ||||||
20 | proceedings prior to the application of
the separate account | ||||||
21 | assets to the satisfaction of liabilities or the
corresponding | ||||||
22 | separate account policies, contracts, and agreements.
| ||||||
23 | To the extent, if any, reserves or assets maintained in | ||||||
24 | the separate account
are in excess of the amounts needed to | ||||||
25 | satisfy claims under the separate
account contracts, the | ||||||
26 | excess shall be treated as part of the general assets of
the |
| |||||||
| |||||||
1 | insurer's estate.
| ||||||
2 | (2) Within 120 days after the issuance of an Order of | ||||||
3 | Liquidation with a
finding of insolvency against a domestic | ||||||
4 | company, the Director shall make
application to the court | ||||||
5 | requesting authority to disburse funds to the
Illinois | ||||||
6 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
7 | Insurance
Guaranty Association, the Illinois Health | ||||||
8 | Maintenance Organization Guaranty
Association, and similar | ||||||
9 | organizations in other states from time to time out
of the | ||||||
10 | company's marshaled assets as funds
become available in | ||||||
11 | amounts equal to disbursements made by the
Illinois Insurance | ||||||
12 | Guaranty Fund, the Illinois Life and Health Insurance
Guaranty | ||||||
13 | Association, the Illinois Health Maintenance Organization | ||||||
14 | Guaranty
Association, and similar organizations in other | ||||||
15 | states
for covered claims obligations on the presentation of | ||||||
16 | evidence that such
disbursements have been made by the | ||||||
17 | Illinois Insurance
Guaranty Fund, the Illinois Life and Health | ||||||
18 | Insurance Guaranty
Association, the Illinois Health | ||||||
19 | Maintenance Organization Guaranty Association,
and similar | ||||||
20 | organizations in other states.
| ||||||
21 | The Director shall establish procedures for the ratable | ||||||
22 | allocation and
distribution of disbursements to the Illinois | ||||||
23 | Insurance Guaranty Fund,
the Illinois Life and Health | ||||||
24 | Insurance Guaranty Association, the Illinois
Health | ||||||
25 | Maintenance Organization Guaranty Association, and
similar | ||||||
26 | organizations in other states. In determining the amounts |
| |||||||
| |||||||
1 | available
for disbursement, the Director shall reserve | ||||||
2 | sufficient assets for the
payment of the expenses of | ||||||
3 | administration described in paragraph (1)(a)
of this Section. | ||||||
4 | All funds available for disbursement after the establishment
| ||||||
5 | of the prescribed reserve shall be promptly distributed. As a | ||||||
6 | condition
to receipt of funds in reimbursement of covered | ||||||
7 | claims obligations,
the Director shall secure from the | ||||||
8 | Illinois Insurance Guaranty Fund,
the Illinois Life and Health | ||||||
9 | Insurance Guaranty Association, the Illinois
Health | ||||||
10 | Maintenance Organization Guaranty Association, and
each | ||||||
11 | similar organization in other states, an agreement to return | ||||||
12 | to the
Director on demand funds previously received as may be | ||||||
13 | required to pay claims
of secured creditors and claims falling | ||||||
14 | within the priorities established
in paragraphs (a), (b), (c), | ||||||
15 | and (d) of subsection (1) of
this Section in accordance
with | ||||||
16 | such priorities.
| ||||||
17 | (3) The changes made in this Section by this amendatory | ||||||
18 | Act of the 100th General Assembly apply to all liquidation,
| ||||||
19 | rehabilitation, or conservation proceedings that are pending | ||||||
20 | on the effective date of this amendatory
Act of the 100th | ||||||
21 | General Assembly and to all future liquidation, | ||||||
22 | rehabilitation, or conservation proceedings. | ||||||
23 | (4) The provisions of this Section are severable under | ||||||
24 | Section 1.31 of
the Statute on Statutes.
| ||||||
25 | (Source: P.A. 100-410, eff. 8-25-17; 101-652.)
|
| |||||||
| |||||||
1 | Section 1-160. The Illinois Gambling Act is amended by | ||||||
2 | changing 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 | ||||||
6 | the contrary,
the Board shall, on written request from any | ||||||
7 | person, provide
information furnished by an applicant or | ||||||
8 | licensee concerning the applicant
or licensee, his products, | ||||||
9 | services or gambling enterprises and his
business holdings, as | ||||||
10 | follows:
| ||||||
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.
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 | ||||||
22 | the contrary,
the Board shall, on written request from any | ||||||
23 | person, 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.
|
| |||||||
| |||||||
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 | ||||||
8 | disclose 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 | ||||||
13 | information in
accordance with Section 6 of the Freedom of | ||||||
14 | Information Act.
| ||||||
15 | (Source: P.A. 101-31, eff. 6-28-19; 101-652.)
| ||||||
16 | Section 1-165. The Sexual Assault Survivors Emergency | ||||||
17 | Treatment 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 | ||||||
20 | directly for certain services; written notice; billing | ||||||
21 | protocols. | ||||||
22 | (a) A hospital, approved pediatric health care facility, | ||||||
23 | health care professional, ambulance provider, laboratory, or | ||||||
24 | pharmacy furnishing medical forensic services, transportation, |
| |||||||
| |||||||
1 | follow-up healthcare, or medication to a sexual assault | ||||||
2 | survivor 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, | ||||||
22 | including, but not limited to, subsection (a), a sexual | ||||||
23 | assault survivor who is not the subscriber or primary | ||||||
24 | policyholder of the sexual assault survivor's insurance policy | ||||||
25 | may opt out of billing the sexual assault survivor's private | ||||||
26 | insurance
provider.
If the sexual assault survivor opts out of |
| |||||||
| |||||||
1 | billing the sexual assault survivor's private insurance | ||||||
2 | provider, then the bill for medical forensic services shall be | ||||||
3 | sent to the Department of Healthcare and Family Services' | ||||||
4 | Sexual Assault Emergency Treatment Program for reimbursement | ||||||
5 | for the services provided to the sexual assault survivor. | ||||||
6 | (b) Nothing in this Section precludes a hospital, health | ||||||
7 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
8 | from billing the sexual assault survivor or any applicable | ||||||
9 | health insurance or coverage for inpatient services. | ||||||
10 | (c) Every hospital and approved pediatric health care | ||||||
11 | facility providing treatment services to sexual assault | ||||||
12 | survivors in accordance with a plan approved under Section 2 | ||||||
13 | of this Act shall provide a written notice to a sexual assault | ||||||
14 | survivor. The written notice must include, but is not limited | ||||||
15 | to, 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; |
| |||||||
| |||||||
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 | ||||||
20 | provide transfer services as defined under Section 1a of this | ||||||
21 | Act. | ||||||
22 | (d) Within 60 days after the effective date of this | ||||||
23 | amendatory Act of the 99th General Assembly, every health care | ||||||
24 | professional, except for those employed by a hospital or | ||||||
25 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
26 | or those employed by a hospital operated under the University |
| |||||||
| |||||||
1 | of Illinois Hospital Act, who bills separately for medical or | ||||||
2 | forensic services must develop a billing protocol that ensures | ||||||
3 | that no survivor of sexual assault will be sent a bill for any | ||||||
4 | medical forensic services and submit the billing protocol to | ||||||
5 | the Crime Victim Services Division of the Office of the | ||||||
6 | Attorney General for approval. Within 60 days after the | ||||||
7 | commencement of the provision of medical forensic services, | ||||||
8 | every health care professional, except for those employed by a | ||||||
9 | hospital or hospital affiliate, as defined in the Hospital | ||||||
10 | Licensing Act, or those employed by a hospital operated under | ||||||
11 | the University of Illinois Hospital Act, who bills separately | ||||||
12 | for medical or forensic services must develop a billing | ||||||
13 | protocol that ensures that no survivor of sexual assault is | ||||||
14 | sent a bill for any medical forensic services and submit the | ||||||
15 | billing protocol to the Crime Victim Services Division of the | ||||||
16 | Office of the Attorney General for approval. Health care | ||||||
17 | professionals who bill as a legal entity may submit a single | ||||||
18 | billing protocol for the billing entity. | ||||||
19 | Within 60 days after the Department's approval of a | ||||||
20 | treatment plan, an approved pediatric health care facility and | ||||||
21 | any health care professional employed by an approved pediatric | ||||||
22 | health care facility must develop a billing protocol that | ||||||
23 | ensures that no survivor of sexual assault is sent a bill for | ||||||
24 | any medical forensic services and submit the billing protocol | ||||||
25 | to the Crime Victim Services Division of the Office of the | ||||||
26 | Attorney General for approval. |
| |||||||
| |||||||
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 | ||||||
19 | Attorney General may provide a sample acceptable billing | ||||||
20 | protocol upon request. | ||||||
21 | The Office of the Attorney General shall approve a | ||||||
22 | proposed protocol if it finds that the implementation of the | ||||||
23 | protocol would result in no survivor of sexual assault being | ||||||
24 | billed or sent a bill for medical forensic services. | ||||||
25 | If the Office of the Attorney General determines that | ||||||
26 | implementation of the protocol could result in the billing of |
| |||||||
| |||||||
1 | a survivor of sexual assault for medical forensic services, | ||||||
2 | the Office of the Attorney General shall provide the health | ||||||
3 | care professional or approved pediatric health care facility | ||||||
4 | with a written statement of the deficiencies in the protocol. | ||||||
5 | The health care professional or approved pediatric health care | ||||||
6 | facility shall have 30 days to submit a revised billing | ||||||
7 | protocol addressing the deficiencies to the Office of the | ||||||
8 | Attorney General. The health care professional or approved | ||||||
9 | pediatric health care facility shall implement the protocol | ||||||
10 | upon approval by the Crime Victim Services Division of the | ||||||
11 | Office of the Attorney General. | ||||||
12 | The health care professional or approved pediatric health | ||||||
13 | care facility shall submit any proposed revision to or | ||||||
14 | modification of an approved billing protocol to the Crime | ||||||
15 | Victim Services Division of the Office of the Attorney General | ||||||
16 | for approval. The health care professional or approved | ||||||
17 | pediatric health care facility shall implement the revised or | ||||||
18 | modified billing protocol upon approval by the Crime Victim | ||||||
19 | Services Division of the Office of the Illinois Attorney | ||||||
20 | General.
| ||||||
21 | (e) This Section is effective on and after January 1, | ||||||
22 | 2024. | ||||||
23 | (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21; | ||||||
24 | 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. | ||||||
25 | 1-1-23 .) |
| |||||||
| |||||||
1 | Section 1-170. The Illinois Vehicle Code is amended by | ||||||
2 | changing Sections 6-204, 6-308, 6-500, 6-601, and 16-103 as | ||||||
3 | follows:
| ||||||
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 | ||||||
7 | the records
essential to the performance of the Secretary's | ||||||
8 | duties under this Code to
cancel, revoke or suspend the | ||||||
9 | driver's license and privilege to drive motor
vehicles of | ||||||
10 | certain minors and of persons
found guilty of the criminal | ||||||
11 | offenses or traffic violations
which this Code recognizes as | ||||||
12 | evidence relating to unfitness to safely operate
motor | ||||||
13 | vehicles, the following duties are imposed upon public | ||||||
14 | officials:
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | State's
Attorneys to enforce the requirements of this | ||||||
2 | Section.
| ||||||
3 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
4 | court, as a
result of confiscation by a police officer | ||||||
5 | pursuant to the authority in
Section 6-113(f), it shall be the | ||||||
6 | duty of the clerk, or judge, if the court
has no clerk, to | ||||||
7 | forward such restricted driving permit and a facsimile of
the | ||||||
8 | officer's citation to the Secretary of State as expeditiously | ||||||
9 | as
practicable.
| ||||||
10 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
11 | collateral
deposited to secure a defendant's appearance in | ||||||
12 | court when forfeiture
has not been vacated, or the failure of a | ||||||
13 | defendant to appear for trial
after depositing his driver's | ||||||
14 | license in lieu of other bail, shall be
equivalent to a | ||||||
15 | conviction. For the purposes of this Code, a revocation of | ||||||
16 | pretrial release that has not been vacated, or the failure of a | ||||||
17 | defendant to appear for trial
after depositing his driver's | ||||||
18 | license, shall be
equivalent to a conviction.
| ||||||
19 | (d) For the purpose of providing the Secretary of State | ||||||
20 | with records
necessary to properly monitor and assess driver | ||||||
21 | performance and assist the
courts in the proper disposition of | ||||||
22 | repeat traffic law offenders, the clerk
of the court shall | ||||||
23 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
24 | Secretary, records of a driver's participation in a driver | ||||||
25 | remedial
or rehabilitative program which was required, through | ||||||
26 | a court order or court
supervision, in relation to the |
| |||||||
| |||||||
1 | driver's arrest for a violation of Section
11-501 of this Code | ||||||
2 | or a similar provision of a local ordinance.
The clerk of the | ||||||
3 | court shall also forward to the Secretary, either on
paper or | ||||||
4 | in an electronic format or a computer processible medium as | ||||||
5 | required
under paragraph (5) of subsection (a) of this | ||||||
6 | Section, any disposition
of court supervision for any traffic | ||||||
7 | violation,
excluding those offenses listed in paragraph (2)
of | ||||||
8 | subsection (a) of this Section.
These reports
shall be sent | ||||||
9 | within 5
days after disposition, or, if
the driver is
referred | ||||||
10 | to a driver
remedial or rehabilitative program, within 5 days | ||||||
11 | of the driver's referral
to that program.
These reports | ||||||
12 | received by the Secretary of State, including those required | ||||||
13 | to
be forwarded under paragraph (a)(4), shall be privileged | ||||||
14 | information, available
only (i) to the affected driver, (ii) | ||||||
15 | to the parent or guardian of a person under the age of 18 years | ||||||
16 | holding an instruction permit or a graduated driver's license, | ||||||
17 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
18 | authorities, the Secretary of State, and the driver licensing | ||||||
19 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
20 | Part 384, all reports of court supervision, except violations | ||||||
21 | related to parking, shall be forwarded to the Secretary of | ||||||
22 | State for all holders of a CLP or CDL or any driver who commits | ||||||
23 | an offense while driving a commercial motor vehicle. These | ||||||
24 | reports shall be recorded to the driver's record as a | ||||||
25 | conviction for use in the disqualification of the driver's | ||||||
26 | commercial motor vehicle privileges and shall not be |
| |||||||
| |||||||
1 | privileged information.
| ||||||
2 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; | ||||||
3 | 102-1104, 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 | ||||||
7 | provision of a local ordinance for which a violation is a petty | ||||||
8 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
9 | Corrections, excluding business offenses as defined by Section | ||||||
10 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
11 | Section 15-111 or subsection (d) of Section 3-401 of this | ||||||
12 | Code, shall not be required to sign the citation or post bond | ||||||
13 | to secure bail for his or her release. All other provisions of | ||||||
14 | this Code or similar provisions of local ordinances shall be | ||||||
15 | governed by the pretrial release bail provisions of the | ||||||
16 | Illinois Supreme Court Rules when it is not practical or | ||||||
17 | feasible to take the person before a judge to have conditions | ||||||
18 | of pretrial release bail set or to avoid undue delay because of | ||||||
19 | the hour or circumstances. | ||||||
20 | (b) Whenever a person fails to appear in court, the court | ||||||
21 | may continue the case for a minimum of 30 days and the clerk of | ||||||
22 | the court shall send notice of the continued court date to the | ||||||
23 | person's last known address. If the person does not appear in | ||||||
24 | court on or before the continued court date or satisfy the | ||||||
25 | court that the person's appearance in and surrender to the |
| |||||||
| |||||||
1 | court is impossible for no fault of the person, the court shall | ||||||
2 | enter an order of failure to appear. The clerk of the court | ||||||
3 | shall notify the Secretary of State, on a report prescribed by | ||||||
4 | the Secretary, of the court's order. The Secretary, when | ||||||
5 | notified by the clerk of the court that an order of failure to | ||||||
6 | appear has been entered, shall immediately suspend the | ||||||
7 | person's driver's license, which shall be designated by the | ||||||
8 | Secretary as a Failure to Appear suspension. The Secretary | ||||||
9 | shall not remove the suspension, nor issue any permit or | ||||||
10 | privileges to the person whose license has been suspended, | ||||||
11 | until notified by the ordering court that the person has | ||||||
12 | appeared and resolved the violation. Upon compliance, the | ||||||
13 | clerk of the court shall present the person with a notice of | ||||||
14 | compliance containing the seal of the court, and shall notify | ||||||
15 | the Secretary that the person has appeared and resolved the | ||||||
16 | violation. | ||||||
17 | (c) Illinois Supreme Court Rules shall govern pretrial | ||||||
18 | release bail and appearance procedures when a person who is a | ||||||
19 | resident of another state that is not a member of the | ||||||
20 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
21 | this 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. |
| |||||||
| |||||||
1 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
2 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
3 | Act
(UCDLA), the words and phrases listed below have the | ||||||
4 | meanings
ascribed to them as follows:
| ||||||
5 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
6 | form of
alcohol, including but not limited to ethanol,
| ||||||
7 | methanol,
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 | ||||||
16 | being
"stopped or detained" shall be considered that driver's | ||||||
17 | "alcohol
concentration" for the purposes of enforcing this | ||||||
18 | UCDLA.
| ||||||
19 | (3) (Blank).
| ||||||
20 | (4) (Blank).
| ||||||
21 | (5) (Blank).
| ||||||
22 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
23 | electronic record of the individual CDL driver's status and | ||||||
24 | history stored by the State-of-Record as part of the | ||||||
25 | Commercial Driver's License Information System, or CDLIS, | ||||||
26 | established under 49 U.S.C. 31309. |
| |||||||
| |||||||
1 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
2 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
3 | driver record meeting the requirements for access to CDLIS | ||||||
4 | information and provided by states to users authorized in 49 | ||||||
5 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
6 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
7 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
8 | driver'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, |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 | ||||||
16 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
17 | Controlled Substances Act,
and shall also include cannabis as | ||||||
18 | defined in Section 3 of the Cannabis Control
Act and | ||||||
19 | methamphetamine as defined in Section 10 of the | ||||||
20 | Methamphetamine Control and Community Protection Act.
| ||||||
21 | (8) Conviction. "Conviction" means an unvacated | ||||||
22 | adjudication of guilt
or a determination that a person has | ||||||
23 | violated or failed to comply with the
law in a court of | ||||||
24 | original jurisdiction or by an authorized administrative
| ||||||
25 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
26 | deposited to secure
the person's appearance in court; a plea |
| |||||||
| |||||||
1 | of guilty or nolo contendere accepted by the court; the | ||||||
2 | payment of a fine or court cost
regardless of whether the | ||||||
3 | imposition of sentence is deferred and ultimately
a judgment | ||||||
4 | dismissing the underlying charge is entered; or a violation of | ||||||
5 | a
condition of release without bail, regardless of whether or | ||||||
6 | not the penalty
is rebated, suspended or probated. | ||||||
7 | "Conviction" means an unvacated adjudication of guilt
or a | ||||||
8 | determination that a person has violated or failed to comply | ||||||
9 | with the
law in a court of original jurisdiction or by an | ||||||
10 | authorized administrative
tribunal; an unvacated revocation of | ||||||
11 | pretrial release; a plea of guilty or nolo contendere accepted | ||||||
12 | by the court; or the payment of a fine or court cost
regardless | ||||||
13 | of whether the imposition of sentence is deferred and | ||||||
14 | ultimately
a judgment dismissing the underlying charge is | ||||||
15 | entered.
| ||||||
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, | ||||||
22 | operates, or is in
physical control of a commercial motor | ||||||
23 | vehicle, any person who is required to hold a
CDL, or any | ||||||
24 | person who is a holder of a CDL while operating a | ||||||
25 | non-commercial motor vehicle.
| ||||||
26 | (13.5) Driver applicant. "Driver applicant" means an |
| |||||||
| |||||||
1 | individual who applies to a state or other jurisdiction to | ||||||
2 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
3 | a CLP.
| ||||||
4 | (13.8) Electronic device. "Electronic device" includes, | ||||||
5 | but is not limited to, a cellular telephone, personal digital | ||||||
6 | assistant, pager, computer, or any other device used to input, | ||||||
7 | write, send, receive, or read text. | ||||||
8 | (14) Employee. "Employee" means a person who is employed | ||||||
9 | as a
commercial
motor vehicle driver. A person who is | ||||||
10 | self-employed as a commercial motor
vehicle driver must comply | ||||||
11 | with the requirements of this UCDLA
pertaining to employees. | ||||||
12 | An
owner-operator on a long-term lease shall be considered an | ||||||
13 | employee.
| ||||||
14 | (15) Employer. "Employer" means a person (including the | ||||||
15 | United
States, a State or a local authority) who owns or leases | ||||||
16 | a commercial motor
vehicle or assigns employees to operate | ||||||
17 | such a vehicle. A person who is
self-employed as a commercial | ||||||
18 | motor vehicle driver must
comply with the requirements of this | ||||||
19 | UCDLA.
| ||||||
20 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
21 | to an individual's CLP or CDL required to permit the | ||||||
22 | individual to operate certain types of commercial motor | ||||||
23 | vehicles. | ||||||
24 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
25 | training" means the training an entry-level driver receives | ||||||
26 | from an entity listed on the Federal Motor Carrier Safety |
| |||||||
| |||||||
1 | Administration's Training Provider Registry prior to: (i) | ||||||
2 | taking the CDL skills test required to receive the Class A or | ||||||
3 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
4 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
5 | taking the CDL skills test required to obtain a passenger or | ||||||
6 | school bus endorsement for the first time or the CDL knowledge | ||||||
7 | test required to obtain a hazardous materials endorsement for | ||||||
8 | the first time. | ||||||
9 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
10 | person who operates or expects to operate in interstate | ||||||
11 | commerce, but engages exclusively in transportation or | ||||||
12 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | ||||||
13 | or 398.3 from all or part of the qualification requirements of | ||||||
14 | 49 C.F.R. Part 391 and is not required to obtain a medical | ||||||
15 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
16 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
17 | person who operates in intrastate commerce but engages | ||||||
18 | exclusively in transportation or operations excepted from all | ||||||
19 | or parts of the state driver qualification requirements. | ||||||
20 | (16) (Blank).
| ||||||
21 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
22 | a result of a motor vehicle accident.
| ||||||
23 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
24 | driver" means a person licensed to operate a commercial motor | ||||||
25 | vehicle by an authority outside the United States, or a | ||||||
26 | citizen of a foreign country who operates a commercial motor |
| |||||||
| |||||||
1 | vehicle in the United States. | ||||||
2 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
3 | sovereign
jurisdiction that does not fall within the | ||||||
4 | definition of "State".
| ||||||
5 | (18) (Blank).
| ||||||
6 | (19) (Blank).
| ||||||
7 | (20) Hazardous materials. "Hazardous material" means any | ||||||
8 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
9 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
10 | or any quantity of a material listed as a select agent or toxin | ||||||
11 | in 42 C.F.R. part 73.
| ||||||
12 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
13 | existence of any condition of a vehicle, employee, or | ||||||
14 | commercial motor vehicle operations that substantially | ||||||
15 | increases the likelihood of serious injury or death if not | ||||||
16 | discontinued immediately; or a condition relating to hazardous | ||||||
17 | material that presents a substantial likelihood that death, | ||||||
18 | serious illness, severe personal injury, or a substantial | ||||||
19 | endangerment to health, property, or the environment may occur | ||||||
20 | before the reasonably foreseeable completion date of a formal | ||||||
21 | proceeding begun to lessen the risk of that death, illness, | ||||||
22 | injury or endangerment.
| ||||||
23 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
24 | transfer, renewal, or upgrade of a CLP or CDL and | ||||||
25 | non-domiciled CLP or CDL. | ||||||
26 | (20.7) Issue. "Issue" means initial issuance, transfer, |
| |||||||
| |||||||
1 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
2 | non-domiciled CDL. | ||||||
3 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
4 | commercial
motor vehicle by the owner-lessor to a lessee, for | ||||||
5 | a period of more than 29
days.
| ||||||
6 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
7 | transmission utilizing a driver-operated clutch that is | ||||||
8 | activated by a pedal or lever and a gear-shift mechanism | ||||||
9 | operated either by hand or foot including those known as a | ||||||
10 | stick shift, stick, straight drive, or standard transmission. | ||||||
11 | All other transmissions, whether semi-automatic or automatic, | ||||||
12 | shall be considered automatic for the purposes of the | ||||||
13 | standardized restriction code. | ||||||
14 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
15 | individual certified by the Federal Motor Carrier Safety | ||||||
16 | Administration and listed on the National Registry of | ||||||
17 | Certified Medical Examiners in accordance with Federal Motor | ||||||
18 | Carrier Safety Regulations, 49 CFR 390.101 et seq. | ||||||
19 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
20 | certificate" means either (1) prior to June 22, 2021, a | ||||||
21 | document prescribed or approved by the Secretary of State that | ||||||
22 | is issued by a medical examiner to a driver to medically | ||||||
23 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
24 | electronic submission of results of an examination conducted | ||||||
25 | by a medical examiner listed on the National Registry of | ||||||
26 | Certified Medical Examiners to the Federal Motor Carrier |
| |||||||
| |||||||
1 | Safety Administration of a driver to medically qualify him or | ||||||
2 | her to drive. | ||||||
3 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
4 | has received one of the following from the Federal Motor | ||||||
5 | Carrier Safety Administration which allows the driver to be | ||||||
6 | issued a medical certificate: (1) an exemption letter | ||||||
7 | permitting operation of a commercial motor vehicle pursuant to | ||||||
8 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
9 | skill performance evaluation (SPE) certificate permitting | ||||||
10 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
11 | 391.49. | ||||||
12 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
13 | communication device that falls under or uses any commercial | ||||||
14 | mobile radio service, as defined in regulations of the Federal | ||||||
15 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
16 | two-way or citizens band radio services. | ||||||
17 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
18 | which is self-propelled, and every vehicle which is propelled | ||||||
19 | by electric
power obtained from over head trolley wires but | ||||||
20 | not operated upon rails,
except vehicles moved solely by human | ||||||
21 | power and motorized wheel chairs.
| ||||||
22 | (22.2) Motor vehicle record. "Motor vehicle record" means | ||||||
23 | a report of the driving status and history of a driver | ||||||
24 | generated from the driver record provided to users, such as | ||||||
25 | drivers or employers, and is subject to the provisions of the | ||||||
26 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
| |||||||
| |||||||
1 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
2 | combination 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" | ||||||
5 | means a person who operates or expects to operate in | ||||||
6 | interstate commerce, is subject to and meets the qualification | ||||||
7 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
8 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
9 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
10 | means a person who operates only in intrastate commerce and is | ||||||
11 | subject 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, | ||||||
14 | respectively, issued by a state or other jurisdiction under | ||||||
15 | either 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, | ||||||
26 | while operating a commercial motor vehicle, of
any
of the |
| |||||||
| |||||||
1 | following:
| ||||||
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 | ||||||
6 | vehicle used to transport pre-primary, primary, or secondary | ||||||
7 | school students from home to school, from school to home, or to | ||||||
8 | and from school-sponsored events. "School bus" does not | ||||||
9 | include a bus used as a common carrier.
| ||||||
10 | (26) Serious Traffic Violation. "Serious traffic | ||||||
11 | violation"
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; |
| |||||||
| |||||||
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, | ||||||
16 | the District of
Columbia and any province or territory of | ||||||
17 | Canada.
| ||||||
18 | (28) (Blank).
| ||||||
19 | (29) (Blank).
| ||||||
20 | (30) (Blank).
| ||||||
21 | (31) (Blank).
| ||||||
22 | (32) Texting. "Texting" means manually entering | ||||||
23 | alphanumeric text into, or reading text from, an electronic | ||||||
24 | device. | ||||||
25 | (1) Texting includes, but is not limited to, short | ||||||
26 | message service, emailing, instant messaging, a command or |
| |||||||
| |||||||
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 | ||||||
20 | skills test examiner" means a person employed by a third party | ||||||
21 | tester who is authorized by the State to administer the CDL | ||||||
22 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
23 | (32.5) Third party tester. "Third party tester" means a | ||||||
24 | person (including, but not limited to, another state, a motor | ||||||
25 | carrier, a private driver training facility or other private | ||||||
26 | institution, or a department, agency, or instrumentality of a |
| |||||||
| |||||||
1 | local government) authorized by the State to employ skills | ||||||
2 | test examiners to administer the CDL skills tests specified in | ||||||
3 | 49 C.F.R. Part 383, subparts G and H. | ||||||
4 | (32.7) United States. "United States" means the 50 states | ||||||
5 | and the District of Columbia. | ||||||
6 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
7 | mobile 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; | ||||||
19 | 101-652, 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. | ||||||
22 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
23 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
24 | Act
(UCDLA), the words and phrases listed below have the | ||||||
25 | meanings
ascribed to them as follows:
|
| |||||||
| |||||||
1 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
2 | form of
alcohol, including but not limited to ethanol,
| ||||||
3 | methanol,
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 | ||||||
12 | being
"stopped or detained" shall be considered that driver's | ||||||
13 | "alcohol
concentration" for the purposes of enforcing this | ||||||
14 | UCDLA.
| ||||||
15 | (3) (Blank).
| ||||||
16 | (4) (Blank).
| ||||||
17 | (5) (Blank).
| ||||||
18 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
19 | electronic record of the individual CDL driver's status and | ||||||
20 | history stored by the State-of-Record as part of the | ||||||
21 | Commercial Driver's License Information System, or CDLIS, | ||||||
22 | established under 49 U.S.C. 31309. | ||||||
23 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
24 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
25 | driver record meeting the requirements for access to CDLIS | ||||||
26 | information and provided by states to users authorized in 49 |
| |||||||
| |||||||
1 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
2 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
3 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
4 | driver'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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 | ||||||
12 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
13 | Controlled Substances Act,
and shall also include cannabis as | ||||||
14 | defined in Section 3 of the Cannabis Control
Act and | ||||||
15 | methamphetamine as defined in Section 10 of the | ||||||
16 | Methamphetamine Control and Community Protection Act.
| ||||||
17 | (8) Conviction. "Conviction" means an unvacated | ||||||
18 | adjudication of guilt
or a determination that a person has | ||||||
19 | violated or failed to comply with the
law in a court of | ||||||
20 | original jurisdiction or by an authorized administrative
| ||||||
21 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
22 | deposited to secure
the person's appearance in court; a plea | ||||||
23 | of guilty or nolo contendere accepted by the court; the | ||||||
24 | payment of a fine or court cost
regardless of whether the | ||||||
25 | imposition of sentence is deferred and ultimately
a judgment | ||||||
26 | dismissing the underlying charge is entered; or a violation of |
| |||||||
| |||||||
1 | a
condition of release without bail, regardless of whether or | ||||||
2 | not the penalty
is rebated, suspended or probated. | ||||||
3 | "Conviction" means an unvacated adjudication of guilt
or a | ||||||
4 | determination that a person has violated or failed to comply | ||||||
5 | with the
law in a court of original jurisdiction or by an | ||||||
6 | authorized administrative
tribunal; an unvacated revocation of | ||||||
7 | pretrial release; a plea of guilty or nolo contendere accepted | ||||||
8 | by the court; or the payment of a fine or court cost
regardless | ||||||
9 | of whether the imposition of sentence is deferred and | ||||||
10 | ultimately
a judgment dismissing the underlying charge is | ||||||
11 | entered.
| ||||||
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, | ||||||
18 | operates, or is in
physical control of a commercial motor | ||||||
19 | vehicle, any person who is required to hold a
CDL, or any | ||||||
20 | person who is a holder of a CDL while operating a | ||||||
21 | non-commercial motor vehicle.
| ||||||
22 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
23 | individual who applies to a state or other jurisdiction to | ||||||
24 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
25 | a CLP.
| ||||||
26 | (13.8) Electronic device. "Electronic device" includes, |
| |||||||
| |||||||
1 | but is not limited to, a cellular telephone, personal digital | ||||||
2 | assistant, pager, computer, or any other device used to input, | ||||||
3 | write, send, receive, or read text. | ||||||
4 | (14) Employee. "Employee" means a person who is employed | ||||||
5 | as a
commercial
motor vehicle driver. A person who is | ||||||
6 | self-employed as a commercial motor
vehicle driver must comply | ||||||
7 | with the requirements of this UCDLA
pertaining to employees. | ||||||
8 | An
owner-operator on a long-term lease shall be considered an | ||||||
9 | employee.
| ||||||
10 | (15) Employer. "Employer" means a person (including the | ||||||
11 | United
States, a State or a local authority) who owns or leases | ||||||
12 | a commercial motor
vehicle or assigns employees to operate | ||||||
13 | such a vehicle. A person who is
self-employed as a commercial | ||||||
14 | motor vehicle driver must
comply with the requirements of this | ||||||
15 | UCDLA.
| ||||||
16 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
17 | to an individual's CLP or CDL required to permit the | ||||||
18 | individual to operate certain types of commercial motor | ||||||
19 | vehicles. | ||||||
20 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
21 | training" means the training an entry-level driver receives | ||||||
22 | from an entity listed on the Federal Motor Carrier Safety | ||||||
23 | Administration's Training Provider Registry prior to: (i) | ||||||
24 | taking the CDL skills test required to receive the Class A or | ||||||
25 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
26 | required to upgrade to a Class A or Class B CDL; or (iii) |
| |||||||
| |||||||
1 | taking the CDL skills test required to obtain a passenger or | ||||||
2 | school bus endorsement for the first time or the CDL knowledge | ||||||
3 | test required to obtain a hazardous materials endorsement for | ||||||
4 | the first time. | ||||||
5 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
6 | person who operates or expects to operate in interstate | ||||||
7 | commerce, but engages exclusively in transportation or | ||||||
8 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | ||||||
9 | or 398.3 from all or part of the qualification requirements of | ||||||
10 | 49 C.F.R. Part 391 and is not required to obtain a medical | ||||||
11 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
12 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
13 | person who operates in intrastate commerce but engages | ||||||
14 | exclusively in transportation or operations excepted from all | ||||||
15 | or parts of the state driver qualification requirements. | ||||||
16 | (16) (Blank).
| ||||||
17 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
18 | a result of a motor vehicle crash.
| ||||||
19 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
20 | driver" means a person licensed to operate a commercial motor | ||||||
21 | vehicle by an authority outside the United States, or a | ||||||
22 | citizen of a foreign country who operates a commercial motor | ||||||
23 | vehicle in the United States. | ||||||
24 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
25 | sovereign
jurisdiction that does not fall within the | ||||||
26 | definition of "State".
|
| |||||||
| |||||||
1 | (18) (Blank).
| ||||||
2 | (19) (Blank).
| ||||||
3 | (20) Hazardous materials. "Hazardous material" means any | ||||||
4 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
5 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
6 | or any quantity of a material listed as a select agent or toxin | ||||||
7 | in 42 C.F.R. part 73.
| ||||||
8 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
9 | existence of any condition of a vehicle, employee, or | ||||||
10 | commercial motor vehicle operations that substantially | ||||||
11 | increases the likelihood of serious injury or death if not | ||||||
12 | discontinued immediately; or a condition relating to hazardous | ||||||
13 | material that presents a substantial likelihood that death, | ||||||
14 | serious illness, severe personal injury, or a substantial | ||||||
15 | endangerment to health, property, or the environment may occur | ||||||
16 | before the reasonably foreseeable completion date of a formal | ||||||
17 | proceeding begun to lessen the risk of that death, illness, | ||||||
18 | injury or endangerment.
| ||||||
19 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
20 | transfer, renewal, or upgrade of a CLP or CDL and | ||||||
21 | non-domiciled CLP or CDL. | ||||||
22 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
23 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
24 | non-domiciled CDL. | ||||||
25 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
26 | commercial
motor vehicle by the owner-lessor to a lessee, for |
| |||||||
| |||||||
1 | a period of more than 29
days.
| ||||||
2 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
3 | transmission utilizing a driver-operated clutch that is | ||||||
4 | activated by a pedal or lever and a gear-shift mechanism | ||||||
5 | operated either by hand or foot including those known as a | ||||||
6 | stick shift, stick, straight drive, or standard transmission. | ||||||
7 | All other transmissions, whether semi-automatic or automatic, | ||||||
8 | shall be considered automatic for the purposes of the | ||||||
9 | standardized restriction code. | ||||||
10 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
11 | individual certified by the Federal Motor Carrier Safety | ||||||
12 | Administration and listed on the National Registry of | ||||||
13 | Certified Medical Examiners in accordance with Federal Motor | ||||||
14 | Carrier Safety Regulations, 49 CFR 390.101 et seq. | ||||||
15 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
16 | certificate" means either (1) prior to June 22, 2021, a | ||||||
17 | document prescribed or approved by the Secretary of State that | ||||||
18 | is issued by a medical examiner to a driver to medically | ||||||
19 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
20 | electronic submission of results of an examination conducted | ||||||
21 | by a medical examiner listed on the National Registry of | ||||||
22 | Certified Medical Examiners to the Federal Motor Carrier | ||||||
23 | Safety Administration of a driver to medically qualify him or | ||||||
24 | her to drive. | ||||||
25 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
26 | has received one of the following from the Federal Motor |
| |||||||
| |||||||
1 | Carrier Safety Administration which allows the driver to be | ||||||
2 | issued a medical certificate: (1) an exemption letter | ||||||
3 | permitting operation of a commercial motor vehicle pursuant to | ||||||
4 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
5 | skill performance evaluation (SPE) certificate permitting | ||||||
6 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
7 | 391.49. | ||||||
8 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
9 | communication device that falls under or uses any commercial | ||||||
10 | mobile radio service, as defined in regulations of the Federal | ||||||
11 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
12 | two-way or citizens band radio services. | ||||||
13 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
14 | which is self-propelled, and every vehicle which is propelled | ||||||
15 | by electric
power obtained from over head trolley wires but | ||||||
16 | not operated upon rails,
except vehicles moved solely by human | ||||||
17 | power and motorized wheel chairs.
| ||||||
18 | (22.2) Motor vehicle record. "Motor vehicle record" means | ||||||
19 | a report of the driving status and history of a driver | ||||||
20 | generated from the driver record provided to users, such as | ||||||
21 | drivers or employers, and is subject to the provisions of the | ||||||
22 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
23 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
24 | combination 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" |
| |||||||
| |||||||
1 | means a person who operates or expects to operate in | ||||||
2 | interstate commerce, is subject to and meets the qualification | ||||||
3 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
4 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
5 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
6 | means a person who operates only in intrastate commerce and is | ||||||
7 | subject 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, | ||||||
10 | respectively, issued by a state or other jurisdiction under | ||||||
11 | either 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, | ||||||
22 | while operating a commercial motor vehicle, of
any
of the | ||||||
23 | following:
| ||||||
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.
|
| |||||||
| |||||||
1 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
2 | vehicle used to transport pre-primary, primary, or secondary | ||||||
3 | school students from home to school, from school to home, or to | ||||||
4 | and from school-sponsored events. "School bus" does not | ||||||
5 | include a bus used as a common carrier.
| ||||||
6 | (26) Serious Traffic Violation. "Serious traffic | ||||||
7 | violation"
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 |
| |||||||
| |||||||
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, | ||||||
12 | the District of
Columbia and any province or territory of | ||||||
13 | Canada.
| ||||||
14 | (28) (Blank).
| ||||||
15 | (29) (Blank).
| ||||||
16 | (30) (Blank).
| ||||||
17 | (31) (Blank).
| ||||||
18 | (32) Texting. "Texting" means manually entering | ||||||
19 | alphanumeric text into, or reading text from, an electronic | ||||||
20 | device. | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
16 | skills test examiner" means a person employed by a third party | ||||||
17 | tester who is authorized by the State to administer the CDL | ||||||
18 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
19 | (32.5) Third party tester. "Third party tester" means a | ||||||
20 | person (including, but not limited to, another state, a motor | ||||||
21 | carrier, a private driver training facility or other private | ||||||
22 | institution, or a department, agency, or instrumentality of a | ||||||
23 | local government) authorized by the State to employ skills | ||||||
24 | test examiners to administer the CDL skills tests specified in | ||||||
25 | 49 C.F.R. Part 383, subparts G and H. | ||||||
26 | (32.7) United States. "United States" means the 50 states |
| |||||||
| |||||||
1 | and the District of Columbia. | ||||||
2 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
3 | mobile 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; | ||||||
15 | 102-982, 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 | ||||||
19 | the
provisions of this Chapter unless such violation is by | ||||||
20 | this Code or other
law of this State declared to be a | ||||||
21 | misdemeanor or a felony.
| ||||||
22 | (b) General penalties. Unless another penalty is in this | ||||||
23 | Code
or other laws of this State, every person convicted of a | ||||||
24 | petty
offense for the violation of any provision of this | ||||||
25 | Chapter shall be
punished by a fine of not more than $500.
|
| |||||||
| |||||||
1 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
2 | violation
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 | ||||||
17 | Section 6-303 for
operating a motor vehicle during a time when | ||||||
18 | such licensee's driver's license
was suspended under the | ||||||
19 | provisions of Section 6-306.3 or 6-308, then such act shall be
| ||||||
20 | a petty offense (provided the licensee has answered the charge | ||||||
21 | which was the
basis of the suspension under Section 6-306.3 or | ||||||
22 | 6-308), and there shall be imposed no
additional like period | ||||||
23 | of suspension as provided in paragraph (b) of Section
6-303.
| ||||||
24 | (d) For violations of this Code or a similar provision of a | ||||||
25 | local ordinance for which a violation is a petty offense as | ||||||
26 | defined by Section 5-1-17 of the Unified Code of Corrections, |
| |||||||
| |||||||
1 | excluding business offenses as defined by Section 5-1-2 of the | ||||||
2 | Unified Code of Corrections or a violation of Section 15-111 | ||||||
3 | or subsection (d) of Section 3-401 of this Code, if the | ||||||
4 | violation may be satisfied without a court appearance, the | ||||||
5 | violator may, pursuant to Supreme Court Rule, satisfy the case | ||||||
6 | with a written plea of guilty and payment of fines, penalties, | ||||||
7 | and costs as equal to the bail amount established by the | ||||||
8 | Supreme Court for the offense. | ||||||
9 | (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15; | ||||||
10 | 98-1134, 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 | ||||||
13 | committed.
| ||||||
14 | Whenever a defendant is arrested upon a warrant charging a | ||||||
15 | violation of
this Act in a county other than that in which such | ||||||
16 | warrant was issued, the
arresting officer, immediately upon | ||||||
17 | the request of the defendant, shall
take such defendant before | ||||||
18 | a circuit judge or associate circuit judge in
the county in | ||||||
19 | which the arrest was made who shall admit the defendant to bail
| ||||||
20 | pretrial release for his appearance before the court named in | ||||||
21 | the warrant. On taking
such bail setting the conditions of | ||||||
22 | pretrial release , the circuit judge or associate circuit judge | ||||||
23 | shall certify such
fact on the warrant and deliver the warrant | ||||||
24 | and undertaking of bail or
other security conditions of | ||||||
25 | pretrial release , or the drivers license of such defendant if |
| |||||||
| |||||||
1 | deposited,
under the law relating to such licenses, in lieu of | ||||||
2 | such security, to the
officer having charge of the defendant. | ||||||
3 | Such officer shall then immediately
discharge the defendant | ||||||
4 | from arrest and without delay deliver such warrant
and such | ||||||
5 | undertaking of bail, or other security acknowledgment by the | ||||||
6 | defendant of his or her receiving the conditions of pretrial | ||||||
7 | release or drivers license to the
court before which the | ||||||
8 | defendant 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 | ||||||
11 | changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8, | ||||||
12 | 11-208.9, and 11-1201.1 as follows: | ||||||
13 | (625 ILCS 5/6-209.1) | ||||||
14 | Sec. 6-209.1. Restoration of driving privileges; | ||||||
15 | revocation; suspension; cancellation. | ||||||
16 | (a) The Secretary shall rescind the suspension or | ||||||
17 | cancellation of a person's driver's license that has been | ||||||
18 | suspended or canceled before July 1, 2020 ( the effective date | ||||||
19 | of 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, | ||||||
12 | the Secretary shall rescind the suspension, cancellation, or | ||||||
13 | prohibition of renewal of a person's driver's license that has | ||||||
14 | been suspended, canceled, or whose renewal has been prohibited | ||||||
15 | before the effective date of this amendatory Act of the 101st | ||||||
16 | General Assembly due to the person having failed to pay any | ||||||
17 | fine or penalty for traffic violations, automated traffic law | ||||||
18 | enforcement system violations as defined in Sections 11-208.6, | ||||||
19 | and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle | ||||||
20 | fees. | ||||||
21 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21; | ||||||
22 | 102-558, 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 | ||||||
25 | of traffic
regulations concerning the standing, parking, or |
| |||||||
| |||||||
1 | condition of
vehicles, automated traffic law violations, and | ||||||
2 | automated speed enforcement system violations.
| ||||||
3 | (a) Any municipality or county may provide by ordinance | ||||||
4 | for a system of
administrative adjudication of vehicular | ||||||
5 | standing and parking violations and
vehicle compliance | ||||||
6 | violations as described in this subsection, automated traffic | ||||||
7 | law violations as defined in Section 11-208.6, 11-208.9, or | ||||||
8 | 11-1201.1, and automated speed enforcement system violations | ||||||
9 | as defined in Section 11-208.8.
The administrative system | ||||||
10 | shall have as its purpose the fair and
efficient enforcement | ||||||
11 | of municipal or county regulations through the
administrative | ||||||
12 | adjudication of automated speed enforcement system or | ||||||
13 | automated traffic law violations and violations of municipal | ||||||
14 | or county ordinances
regulating the standing and parking of | ||||||
15 | vehicles, the condition and use of
vehicle equipment, and the | ||||||
16 | display of municipal or county wheel tax licenses within the
| ||||||
17 | municipality's
or county's borders. The administrative system | ||||||
18 | shall only have authority to adjudicate
civil offenses | ||||||
19 | carrying fines not in excess of $500 or requiring the | ||||||
20 | completion of a traffic education program, or both, that occur | ||||||
21 | after the
effective date of the ordinance adopting such a | ||||||
22 | system under this Section.
For purposes of this Section, | ||||||
23 | "compliance violation" means a violation of a
municipal or | ||||||
24 | county regulation governing the condition or use of equipment | ||||||
25 | on a vehicle
or governing the display of a municipal or county | ||||||
26 | wheel tax license.
|
| |||||||
| |||||||
1 | (b) Any ordinance establishing a system of administrative | ||||||
2 | adjudication
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | standing, parking,
compliance, automated speed enforcement | ||||||
9 | system, or automated traffic law
regulations under this | ||||||
10 | Section may also provide by ordinance for a
program of vehicle | ||||||
11 | immobilization for the purpose of facilitating
enforcement of | ||||||
12 | those regulations. The program of vehicle
immobilization shall | ||||||
13 | provide for immobilizing any eligible vehicle upon the
public | ||||||
14 | way by presence of a restraint in a manner to prevent operation | ||||||
15 | of
the vehicle. Any ordinance establishing a program of | ||||||
16 | vehicle
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 |
| |||||||
| |||||||
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, | ||||||
20 | standing,
compliance, automated speed enforcement system, or | ||||||
21 | automated traffic law
violations and final administrative | ||||||
22 | decisions issued after hearings
regarding vehicle | ||||||
23 | immobilization and impoundment made
under this Section shall | ||||||
24 | be subject to the provisions of
the Administrative Review Law.
| ||||||
25 | (e) Any fine, penalty, incomplete traffic education | ||||||
26 | program, or part of any fine or any penalty remaining
unpaid |
| |||||||
| |||||||
1 | after the exhaustion of, or the failure to exhaust, | ||||||
2 | administrative
remedies created under this Section and the | ||||||
3 | conclusion of any judicial
review procedures shall be a debt | ||||||
4 | due and owing the municipality or county and, as
such, may be | ||||||
5 | collected in accordance with applicable law. Completion of any | ||||||
6 | required traffic education program and payment in full
of any | ||||||
7 | fine or penalty resulting from a standing, parking,
| ||||||
8 | compliance, automated speed enforcement system, or automated | ||||||
9 | traffic law violation shall
constitute a final disposition of | ||||||
10 | that violation.
| ||||||
11 | (f) After the expiration of the period within which | ||||||
12 | judicial review may
be sought for a final determination of | ||||||
13 | parking, standing, compliance, automated speed enforcement | ||||||
14 | system, or automated traffic law
violation, the municipality
| ||||||
15 | or county may commence a proceeding in the Circuit Court for | ||||||
16 | purposes of obtaining a
judgment on the final determination of | ||||||
17 | violation. Nothing in this
Section shall prevent a | ||||||
18 | municipality or county from consolidating multiple final
| ||||||
19 | determinations of parking, standing, compliance, automated | ||||||
20 | speed enforcement system, or automated traffic law violations | ||||||
21 | against a
person in a proceeding.
Upon commencement of the | ||||||
22 | action, the municipality or county shall file a certified
copy | ||||||
23 | or record of the final determination of parking, standing, | ||||||
24 | compliance, automated speed enforcement system, or automated | ||||||
25 | traffic law
violation, which shall be
accompanied by a | ||||||
26 | certification that recites facts sufficient to show that
the |
| |||||||
| |||||||
1 | final determination of violation was
issued in accordance with | ||||||
2 | this Section and the applicable municipal
or county ordinance. | ||||||
3 | Service of the summons and a copy of the petition may be by
any | ||||||
4 | method provided by Section 2-203 of the Code of Civil | ||||||
5 | Procedure or by
certified mail, return receipt requested, | ||||||
6 | provided that the total amount of
fines and penalties for | ||||||
7 | final determinations of parking, standing,
compliance, | ||||||
8 | automated speed enforcement system, or automated traffic law | ||||||
9 | violations does not
exceed $2500. If the court is satisfied | ||||||
10 | that the final determination of
parking, standing, compliance, | ||||||
11 | automated speed enforcement system, or automated traffic law | ||||||
12 | violation was entered in accordance with
the requirements of
| ||||||
13 | this Section and the applicable municipal or county ordinance, | ||||||
14 | and that the registered
owner or the lessee, as the case may | ||||||
15 | be, had an opportunity for an
administrative hearing and for | ||||||
16 | judicial review as provided in this Section,
the court shall | ||||||
17 | render judgment in favor of the municipality or county and | ||||||
18 | against
the registered owner or the lessee for the amount | ||||||
19 | indicated in the final
determination of parking, standing, | ||||||
20 | compliance, automated speed enforcement system, or automated | ||||||
21 | traffic law violation, plus costs.
The judgment shall have
the | ||||||
22 | same effect and may be enforced in the same manner as other | ||||||
23 | judgments
for the recovery of money.
| ||||||
24 | (g) The fee for participating in a traffic education | ||||||
25 | program under this Section shall not exceed $25. | ||||||
26 | A low-income individual required to complete a traffic |
| |||||||
| |||||||
1 | education program under this Section who provides proof of | ||||||
2 | eligibility for the federal earned income tax credit under | ||||||
3 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
4 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
5 | Act shall not be required to pay any fee for participating in a | ||||||
6 | required traffic education program. | ||||||
7 | (h) Notwithstanding any other provision of law to the | ||||||
8 | contrary, a person shall not be liable for violations, fees, | ||||||
9 | fines, or penalties under this Section during the period in | ||||||
10 | which the motor vehicle was stolen or hijacked, as indicated | ||||||
11 | in a report to the appropriate law enforcement agency filed in | ||||||
12 | a timely manner. | ||||||
13 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
14 | 101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff. | ||||||
15 | 1-1-23 .)
| ||||||
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 | ||||||
20 | enforcement
system" means a device with one or more motor | ||||||
21 | vehicle sensors working
in conjunction with a red light signal | ||||||
22 | to produce recorded images of
motor vehicles entering an | ||||||
23 | intersection against a red signal
indication in violation of | ||||||
24 | Section 11-306 of this Code or a similar provision
of a local | ||||||
25 | ordinance.
|
| |||||||
| |||||||
1 | An
automated traffic law enforcement system is a system, | ||||||
2 | in a municipality or
county operated by a
governmental agency, | ||||||
3 | that
produces a recorded image of a motor vehicle's
violation | ||||||
4 | of a provision of this Code or a local ordinance
and is | ||||||
5 | designed to obtain a clear recorded image of the
vehicle and | ||||||
6 | the vehicle's license plate. The recorded image must also
| ||||||
7 | display the time, date, and location of the violation.
| ||||||
8 | (b) As used in this Section, "recorded images" means | ||||||
9 | images
recorded by an automated traffic law enforcement system | ||||||
10 | on:
| ||||||
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 | ||||||
19 | image of a motor vehicle's
violation of a provision of this | ||||||
20 | Code or a local ordinance must make the recorded images of a | ||||||
21 | violation accessible to the alleged violator by providing the | ||||||
22 | alleged violator with a website address, accessible through | ||||||
23 | the Internet. | ||||||
24 | (c) Except as provided under Section 11-208.8 of this | ||||||
25 | Code, a county or municipality, including a home rule county | ||||||
26 | or municipality, may not use an automated traffic law |
| |||||||
| |||||||
1 | enforcement system to provide recorded images of a motor | ||||||
2 | vehicle for the purpose of recording its speed. Except as | ||||||
3 | provided under Section 11-208.8 of this Code, the regulation | ||||||
4 | of the use of automated traffic law enforcement systems to | ||||||
5 | record vehicle speeds is an exclusive power and function of | ||||||
6 | the State. This subsection (c) is a denial and limitation of | ||||||
7 | home rule powers and functions under subsection (h) of Section | ||||||
8 | 6 of Article VII of the Illinois Constitution.
| ||||||
9 | (c-5) A county or municipality, including a home rule | ||||||
10 | county or municipality, may not use an automated traffic law | ||||||
11 | enforcement system to issue violations in instances where the | ||||||
12 | motor vehicle comes to a complete stop and does not enter the | ||||||
13 | intersection, as defined by Section 1-132 of this Code, during | ||||||
14 | the cycle of the red signal indication unless one or more | ||||||
15 | pedestrians or bicyclists are present, even if the motor | ||||||
16 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
17 | driver is required to stop, as specified in subsection (c) of | ||||||
18 | Section 11-306 of this Code or a similar provision of a local | ||||||
19 | ordinance. | ||||||
20 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
21 | inhabitants, including a home rule county or municipality, may | ||||||
22 | not use an automated traffic law enforcement system to issue | ||||||
23 | violations in instances where a motorcyclist enters an | ||||||
24 | intersection against a red signal
indication when the red | ||||||
25 | signal fails to change to a green signal within a reasonable | ||||||
26 | period of time not less than 120 seconds because of a signal |
| |||||||
| |||||||
1 | malfunction or because the signal has failed to detect the | ||||||
2 | arrival of the motorcycle due to the motorcycle's size or | ||||||
3 | weight. | ||||||
4 | (d) For each violation of a provision of this Code or a | ||||||
5 | local ordinance
recorded by an automatic
traffic law | ||||||
6 | enforcement system, the county or municipality having
| ||||||
7 | jurisdiction shall issue a written notice of the
violation to | ||||||
8 | the registered owner of the vehicle as the alleged
violator. | ||||||
9 | The notice shall be delivered to the registered
owner of the | ||||||
10 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
11 | notifies the municipality or county of the identity of the | ||||||
12 | owner of the vehicle, but in no event later than 90 days after | ||||||
13 | the 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;
|
| |||||||
| |||||||
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 | ||||||
18 | result of an automated traffic law
enforcement system, does | ||||||
19 | not pay the fine or complete a required traffic education | ||||||
20 | program, or both, or successfully contest the civil
penalty | ||||||
21 | resulting from that violation, the Secretary of State shall | ||||||
22 | suspend the
driving privileges of the
registered owner of the | ||||||
23 | vehicle under Section 6-306.5 of this Code for failing
to | ||||||
24 | complete a required traffic education program or to pay any | ||||||
25 | fine or penalty
due and owing, or both, as a result of a | ||||||
26 | combination of 5 violations of the automated traffic law
|
| |||||||
| |||||||
1 | enforcement system or the automated speed enforcement system | ||||||
2 | under Section 11-208.8 of this Code. (Blank).
| ||||||
3 | (f) Based on inspection of recorded images produced by an
| ||||||
4 | automated traffic law enforcement system, a notice alleging | ||||||
5 | that the violation occurred shall be evidence of the facts | ||||||
6 | contained
in the notice and admissible in any proceeding | ||||||
7 | alleging a
violation under this Section.
| ||||||
8 | (g) Recorded images made by an automatic traffic law
| ||||||
9 | enforcement system are confidential and shall be made
| ||||||
10 | available only to the alleged violator and governmental and
| ||||||
11 | law enforcement agencies for purposes of adjudicating a
| ||||||
12 | violation of this Section, for statistical purposes, or for | ||||||
13 | other governmental purposes. Any recorded image evidencing a
| ||||||
14 | violation of this Section, however, may be admissible in
any | ||||||
15 | proceeding resulting from the issuance of the citation.
| ||||||
16 | (h) The court or hearing officer may consider in defense | ||||||
17 | of 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; |
| |||||||
| |||||||
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 | ||||||
8 | the motor vehicle or registration
plates or digital | ||||||
9 | registration plates were stolen before the violation occurred | ||||||
10 | and were not under the
control or possession of the owner or | ||||||
11 | lessee at the time of the violation, the
owner or lessee must | ||||||
12 | submit proof that a report concerning the
motor vehicle or | ||||||
13 | registration plates was filed with a law enforcement agency in | ||||||
14 | a timely manner.
| ||||||
15 | (j) Unless the driver of the motor vehicle received a | ||||||
16 | Uniform
Traffic Citation from a police officer at the time of | ||||||
17 | the violation,
the motor vehicle owner is subject to a civil | ||||||
18 | penalty not exceeding
$100 or the completion of a traffic | ||||||
19 | education program, or both, plus an additional penalty of not | ||||||
20 | more than $100 for failure to pay the original penalty or to | ||||||
21 | complete a required traffic education program, or both, in a | ||||||
22 | timely manner, if the motor vehicle is recorded by an | ||||||
23 | automated traffic law
enforcement system. A violation for | ||||||
24 | which a civil penalty is imposed
under this Section is not a | ||||||
25 | violation of a traffic regulation governing
the movement of | ||||||
26 | vehicles and may not be recorded on the driving record
of the |
| |||||||
| |||||||
1 | owner of the vehicle.
| ||||||
2 | (j-3) A registered owner who is a holder of a valid | ||||||
3 | commercial driver's license is not required to complete a | ||||||
4 | traffic education program. | ||||||
5 | (j-5) For purposes of the required traffic education | ||||||
6 | program only, a registered owner may submit an affidavit to | ||||||
7 | the court or hearing officer swearing that at the time of the | ||||||
8 | alleged violation, the vehicle was in the custody and control | ||||||
9 | of another person. The affidavit must identify the person in | ||||||
10 | custody and control of the vehicle, including the person's | ||||||
11 | name and current address. The person in custody and control of | ||||||
12 | the vehicle at the time of the violation is required to | ||||||
13 | complete the required traffic education program. If the person | ||||||
14 | in custody and control of the vehicle at the time of the | ||||||
15 | violation completes the required traffic education program, | ||||||
16 | the registered owner of the vehicle is not required to | ||||||
17 | complete a traffic education program. | ||||||
18 | (k) An intersection equipped with an automated traffic law
| ||||||
19 | enforcement system must be posted with a sign visible to | ||||||
20 | approaching traffic
indicating that the intersection is being | ||||||
21 | monitored by an automated
traffic law enforcement system. | ||||||
22 | (k-3) A municipality or
county that has one or more | ||||||
23 | intersections equipped with an automated traffic law
| ||||||
24 | enforcement system must provide notice to drivers by posting | ||||||
25 | the locations of automated traffic law systems on the | ||||||
26 | municipality or county website.
|
| |||||||
| |||||||
1 | (k-5) An intersection equipped with an automated traffic | ||||||
2 | law
enforcement system must have a yellow change interval that | ||||||
3 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
4 | Devices (IMUTCD) published by the Illinois Department of | ||||||
5 | Transportation. | ||||||
6 | (k-7) A municipality or county operating an automated | ||||||
7 | traffic law enforcement system shall conduct a statistical | ||||||
8 | analysis to assess the safety impact of each automated traffic | ||||||
9 | law enforcement system at an intersection following | ||||||
10 | installation of the system. The statistical analysis shall be | ||||||
11 | based upon the best available crash, traffic, and other data, | ||||||
12 | and shall cover a period of time before and after installation | ||||||
13 | of the system sufficient to provide a statistically valid | ||||||
14 | comparison of safety impact. The statistical analysis shall be | ||||||
15 | consistent with professional judgment and acceptable industry | ||||||
16 | practice. The statistical analysis also shall be consistent | ||||||
17 | with the data required for valid comparisons of before and | ||||||
18 | after conditions and shall be conducted within a reasonable | ||||||
19 | period following the installation of the automated traffic law | ||||||
20 | enforcement system. The statistical analysis required by this | ||||||
21 | subsection (k-7) shall be made available to the public and | ||||||
22 | shall be published on the website of the municipality or | ||||||
23 | county. If the statistical analysis for the 36-month 36 month | ||||||
24 | period following installation of the system indicates that | ||||||
25 | there has been an increase in the rate of accidents at the | ||||||
26 | approach to the intersection monitored by the system, the |
| |||||||
| |||||||
1 | municipality or county shall undertake additional studies to | ||||||
2 | determine the cause and severity of the accidents, and may | ||||||
3 | take any action that it determines is necessary or appropriate | ||||||
4 | to reduce the number or severity of the accidents at that | ||||||
5 | intersection. | ||||||
6 | (l) The compensation paid for an automated traffic law | ||||||
7 | enforcement system
must be based on the value of the equipment | ||||||
8 | or the services provided and may
not be based on the number of | ||||||
9 | traffic citations issued or the revenue generated
by the | ||||||
10 | system.
| ||||||
11 | (m) This Section applies only to the counties of Cook, | ||||||
12 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
13 | to municipalities located within those counties.
| ||||||
14 | (n) The fee for participating in a traffic education | ||||||
15 | program under this Section shall not exceed $25. | ||||||
16 | A low-income individual required to complete a traffic | ||||||
17 | education program under this Section who provides proof of | ||||||
18 | eligibility for the federal earned income tax credit under | ||||||
19 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
20 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
21 | Act shall not be required to pay any fee for participating in a | ||||||
22 | required traffic education program. | ||||||
23 | (o) A municipality or county shall make a certified report | ||||||
24 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
25 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
26 | any
fine or penalty due and owing as a result of a combination |
| |||||||
| |||||||
1 | of 5 offenses for automated traffic
law or speed enforcement | ||||||
2 | system violations. (Blank). | ||||||
3 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
4 | to a written lease agreement shall be liable for an automated | ||||||
5 | speed or traffic law enforcement system violation involving | ||||||
6 | such motor vehicle during the period of the lease; provided | ||||||
7 | that upon the request of the appropriate authority received | ||||||
8 | within 120 days after the violation occurred, the lessor | ||||||
9 | provides within 60 days after such receipt the name and | ||||||
10 | address of the lessee. The drivers license number of a lessee | ||||||
11 | may be subsequently individually requested by the appropriate | ||||||
12 | authority if needed for enforcement of this Section. | ||||||
13 | Upon the provision of information by the lessor pursuant | ||||||
14 | to this subsection, the county or municipality may issue the | ||||||
15 | violation to the lessee of the vehicle in the same manner as it | ||||||
16 | would issue a violation to a registered owner of a vehicle | ||||||
17 | pursuant to this Section, and the lessee may be held liable for | ||||||
18 | the violation. | ||||||
19 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
20 | 102-905, 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 | ||||||
24 | enforcement
system" means a device with one or more motor | ||||||
25 | vehicle sensors working
in conjunction with a red light signal |
| |||||||
| |||||||
1 | to produce recorded images of
motor vehicles entering an | ||||||
2 | intersection against a red signal
indication in violation of | ||||||
3 | Section 11-306 of this Code or a similar provision
of a local | ||||||
4 | ordinance.
| ||||||
5 | An
automated traffic law enforcement system is a system, | ||||||
6 | in a municipality or
county operated by a
governmental agency, | ||||||
7 | that
produces a recorded image of a motor vehicle's
violation | ||||||
8 | of a provision of this Code or a local ordinance
and is | ||||||
9 | designed to obtain a clear recorded image of the
vehicle and | ||||||
10 | the vehicle's license plate. The recorded image must also
| ||||||
11 | display the time, date, and location of the violation.
| ||||||
12 | (b) As used in this Section, "recorded images" means | ||||||
13 | images
recorded by an automated traffic law enforcement system | ||||||
14 | on:
| ||||||
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 | ||||||
23 | image of a motor vehicle's
violation of a provision of this | ||||||
24 | Code or a local ordinance must make the recorded images of a | ||||||
25 | violation accessible to the alleged violator by providing the | ||||||
26 | alleged violator with a website address, accessible through |
| |||||||
| |||||||
1 | the Internet. | ||||||
2 | (c) Except as provided under Section 11-208.8 of this | ||||||
3 | Code, a county or municipality, including a home rule county | ||||||
4 | or municipality, may not use an automated traffic law | ||||||
5 | enforcement system to provide recorded images of a motor | ||||||
6 | vehicle for the purpose of recording its speed. Except as | ||||||
7 | provided under Section 11-208.8 of this Code, the regulation | ||||||
8 | of the use of automated traffic law enforcement systems to | ||||||
9 | record vehicle speeds is an exclusive power and function of | ||||||
10 | the State. This subsection (c) is a denial and limitation of | ||||||
11 | home rule powers and functions under subsection (h) of Section | ||||||
12 | 6 of Article VII of the Illinois Constitution.
| ||||||
13 | (c-5) A county or municipality, including a home rule | ||||||
14 | county or municipality, may not use an automated traffic law | ||||||
15 | enforcement system to issue violations in instances where the | ||||||
16 | motor vehicle comes to a complete stop and does not enter the | ||||||
17 | intersection, as defined by Section 1-132 of this Code, during | ||||||
18 | the cycle of the red signal indication unless one or more | ||||||
19 | pedestrians or bicyclists are present, even if the motor | ||||||
20 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
21 | driver is required to stop, as specified in subsection (c) of | ||||||
22 | Section 11-306 of this Code or a similar provision of a local | ||||||
23 | ordinance. | ||||||
24 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
25 | inhabitants, including a home rule county or municipality, may | ||||||
26 | not use an automated traffic law enforcement system to issue |
| |||||||
| |||||||
1 | violations in instances where a motorcyclist enters an | ||||||
2 | intersection against a red signal
indication when the red | ||||||
3 | signal fails to change to a green signal within a reasonable | ||||||
4 | period of time not less than 120 seconds because of a signal | ||||||
5 | malfunction or because the signal has failed to detect the | ||||||
6 | arrival of the motorcycle due to the motorcycle's size or | ||||||
7 | weight. | ||||||
8 | (d) For each violation of a provision of this Code or a | ||||||
9 | local ordinance
recorded by an automatic
traffic law | ||||||
10 | enforcement system, the county or municipality having
| ||||||
11 | jurisdiction shall issue a written notice of the
violation to | ||||||
12 | the registered owner of the vehicle as the alleged
violator. | ||||||
13 | The notice shall be delivered to the registered
owner of the | ||||||
14 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
15 | notifies the municipality or county of the identity of the | ||||||
16 | owner of the vehicle, but in no event later than 90 days after | ||||||
17 | the 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;
|
| |||||||
| |||||||
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 | ||||||
22 | result of an automated traffic law
enforcement system, does | ||||||
23 | not pay the fine or complete a required traffic education | ||||||
24 | program, or both, or successfully contest the civil
penalty | ||||||
25 | resulting from that violation, the Secretary of State shall | ||||||
26 | suspend the
driving privileges of the
registered owner of the |
| |||||||
| |||||||
1 | vehicle under Section 6-306.5 of this Code for failing
to | ||||||
2 | complete a required traffic education program or to pay any | ||||||
3 | fine or penalty
due and owing, or both, as a result of a | ||||||
4 | combination of 5 violations of the automated traffic law
| ||||||
5 | enforcement system or the automated speed enforcement system | ||||||
6 | under Section 11-208.8 of this Code. (Blank).
| ||||||
7 | (f) Based on inspection of recorded images produced by an
| ||||||
8 | automated traffic law enforcement system, a notice alleging | ||||||
9 | that the violation occurred shall be evidence of the facts | ||||||
10 | contained
in the notice and admissible in any proceeding | ||||||
11 | alleging a
violation under this Section.
| ||||||
12 | (g) Recorded images made by an automatic traffic law
| ||||||
13 | enforcement system are confidential and shall be made
| ||||||
14 | available only to the alleged violator and governmental and
| ||||||
15 | law enforcement agencies for purposes of adjudicating a
| ||||||
16 | violation of this Section, for statistical purposes, or for | ||||||
17 | other governmental purposes. Any recorded image evidencing a
| ||||||
18 | violation of this Section, however, may be admissible in
any | ||||||
19 | proceeding resulting from the issuance of the citation.
| ||||||
20 | (h) The court or hearing officer may consider in defense | ||||||
21 | of 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;
|
| |||||||
| |||||||
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 | ||||||
12 | the motor vehicle or registration
plates or digital | ||||||
13 | registration plates were stolen before the violation occurred | ||||||
14 | and were not under the
control or possession of the owner or | ||||||
15 | lessee at the time of the violation, the
owner or lessee must | ||||||
16 | submit proof that a report concerning the
motor vehicle or | ||||||
17 | registration plates was filed with a law enforcement agency in | ||||||
18 | a timely manner.
| ||||||
19 | (j) Unless the driver of the motor vehicle received a | ||||||
20 | Uniform
Traffic Citation from a police officer at the time of | ||||||
21 | the violation,
the motor vehicle owner is subject to a civil | ||||||
22 | penalty not exceeding
$100 or the completion of a traffic | ||||||
23 | education program, or both, plus an additional penalty of not | ||||||
24 | more than $100 for failure to pay the original penalty or to | ||||||
25 | complete a required traffic education program, or both, in a | ||||||
26 | timely manner, if the motor vehicle is recorded by an |
| |||||||
| |||||||
1 | automated traffic law
enforcement system. A violation for | ||||||
2 | which a civil penalty is imposed
under this Section is not a | ||||||
3 | violation of a traffic regulation governing
the movement of | ||||||
4 | vehicles and may not be recorded on the driving record
of the | ||||||
5 | owner of the vehicle.
| ||||||
6 | (j-3) A registered owner who is a holder of a valid | ||||||
7 | commercial driver's license is not required to complete a | ||||||
8 | traffic education program. | ||||||
9 | (j-5) For purposes of the required traffic education | ||||||
10 | program only, a registered owner may submit an affidavit to | ||||||
11 | the court or hearing officer swearing that at the time of the | ||||||
12 | alleged violation, the vehicle was in the custody and control | ||||||
13 | of another person. The affidavit must identify the person in | ||||||
14 | custody and control of the vehicle, including the person's | ||||||
15 | name and current address. The person in custody and control of | ||||||
16 | the vehicle at the time of the violation is required to | ||||||
17 | complete the required traffic education program. If the person | ||||||
18 | in custody and control of the vehicle at the time of the | ||||||
19 | violation completes the required traffic education program, | ||||||
20 | the registered owner of the vehicle is not required to | ||||||
21 | complete a traffic education program. | ||||||
22 | (k) An intersection equipped with an automated traffic law
| ||||||
23 | enforcement system must be posted with a sign visible to | ||||||
24 | approaching traffic
indicating that the intersection is being | ||||||
25 | monitored by an automated
traffic law enforcement system. | ||||||
26 | (k-3) A municipality or
county that has one or more |
| |||||||
| |||||||
1 | intersections equipped with an automated traffic law
| ||||||
2 | enforcement system must provide notice to drivers by posting | ||||||
3 | the locations of automated traffic law systems on the | ||||||
4 | municipality or county website.
| ||||||
5 | (k-5) An intersection equipped with an automated traffic | ||||||
6 | law
enforcement system must have a yellow change interval that | ||||||
7 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
8 | Devices (IMUTCD) published by the Illinois Department of | ||||||
9 | Transportation. | ||||||
10 | (k-7) A municipality or county operating an automated | ||||||
11 | traffic law enforcement system shall conduct a statistical | ||||||
12 | analysis to assess the safety impact of each automated traffic | ||||||
13 | law enforcement system at an intersection following | ||||||
14 | installation of the system. The statistical analysis shall be | ||||||
15 | based upon the best available crash, traffic, and other data, | ||||||
16 | and shall cover a period of time before and after installation | ||||||
17 | of the system sufficient to provide a statistically valid | ||||||
18 | comparison of safety impact. The statistical analysis shall be | ||||||
19 | consistent with professional judgment and acceptable industry | ||||||
20 | practice. The statistical analysis also shall be consistent | ||||||
21 | with the data required for valid comparisons of before and | ||||||
22 | after conditions and shall be conducted within a reasonable | ||||||
23 | period following the installation of the automated traffic law | ||||||
24 | enforcement system. The statistical analysis required by this | ||||||
25 | subsection (k-7) shall be made available to the public and | ||||||
26 | shall be published on the website of the municipality or |
| |||||||
| |||||||
1 | county. If the statistical analysis for the 36-month 36 month | ||||||
2 | period following installation of the system indicates that | ||||||
3 | there has been an increase in the rate of crashes at the | ||||||
4 | approach to the intersection monitored by the system, the | ||||||
5 | municipality or county shall undertake additional studies to | ||||||
6 | determine the cause and severity of the crashes, and may take | ||||||
7 | any action that it determines is necessary or appropriate to | ||||||
8 | reduce the number or severity of the crashes at that | ||||||
9 | intersection. | ||||||
10 | (l) The compensation paid for an automated traffic law | ||||||
11 | enforcement system
must be based on the value of the equipment | ||||||
12 | or the services provided and may
not be based on the number of | ||||||
13 | traffic citations issued or the revenue generated
by the | ||||||
14 | system.
| ||||||
15 | (m) This Section applies only to the counties of Cook, | ||||||
16 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
17 | to municipalities located within those counties.
| ||||||
18 | (n) The fee for participating in a traffic education | ||||||
19 | program under this Section shall not exceed $25. | ||||||
20 | A low-income individual required to complete a traffic | ||||||
21 | education program under this Section who provides proof of | ||||||
22 | eligibility for the federal earned income tax credit under | ||||||
23 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
24 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
25 | Act shall not be required to pay any fee for participating in a | ||||||
26 | required traffic education program. |
| |||||||
| |||||||
1 | (o) A municipality or county shall make a certified report | ||||||
2 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
3 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
4 | any
fine or penalty due and owing as a result of a combination | ||||||
5 | of 5 offenses for automated traffic
law or speed enforcement | ||||||
6 | system violations. (Blank). | ||||||
7 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
8 | to a written lease agreement shall be liable for an automated | ||||||
9 | speed or traffic law enforcement system violation involving | ||||||
10 | such motor vehicle during the period of the lease; provided | ||||||
11 | that upon the request of the appropriate authority received | ||||||
12 | within 120 days after the violation occurred, the lessor | ||||||
13 | provides within 60 days after such receipt the name and | ||||||
14 | address of the lessee. The drivers license number of a lessee | ||||||
15 | may be subsequently individually requested by the appropriate | ||||||
16 | authority if needed for enforcement of this Section. | ||||||
17 | Upon the provision of information by the lessor pursuant | ||||||
18 | to this subsection, the county or municipality may issue the | ||||||
19 | violation to the lessee of the vehicle in the same manner as it | ||||||
20 | would issue a violation to a registered owner of a vehicle | ||||||
21 | pursuant to this Section, and the lessee may be held liable for | ||||||
22 | the violation. | ||||||
23 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
24 | 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.) | ||||||
25 | (625 ILCS 5/11-208.8) |
| |||||||
| |||||||
1 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
2 | safety zones. | ||||||
3 | (a) As used in this Section: | ||||||
4 | "Automated speed enforcement
system" means a photographic | ||||||
5 | device, radar device, laser device, or other electrical or | ||||||
6 | mechanical device or devices installed or utilized in a safety | ||||||
7 | zone and designed to record the speed of a vehicle and obtain a | ||||||
8 | clear photograph or other recorded image of the vehicle and | ||||||
9 | the vehicle's registration plate or digital registration plate | ||||||
10 | while the driver is violating Article VI of Chapter 11 of this | ||||||
11 | Code or a similar provision of a local ordinance. | ||||||
12 | An automated speed enforcement system is a system, located | ||||||
13 | in a safety zone which is under the jurisdiction of a | ||||||
14 | municipality, that produces a recorded image of a motor | ||||||
15 | vehicle's violation of a provision of this Code or a local | ||||||
16 | ordinance and is designed to obtain a clear recorded image of | ||||||
17 | the vehicle and the vehicle's license plate. The recorded | ||||||
18 | image must also display the time, date, and location of the | ||||||
19 | violation. | ||||||
20 | "Owner" means the person or entity to whom the vehicle is | ||||||
21 | registered. | ||||||
22 | "Recorded image" means images
recorded by an automated | ||||||
23 | speed enforcement system on: | ||||||
24 | (1) 2 or more photographs; | ||||||
25 | (2) 2 or more microphotographs; | ||||||
26 | (3) 2 or more electronic images; or |
| |||||||
| |||||||
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 | ||||||
6 | mile from the nearest property line of any public or private | ||||||
7 | elementary or secondary school, or from the nearest property | ||||||
8 | line of any facility, area, or land owned by a school district | ||||||
9 | that is used for educational purposes approved by the Illinois | ||||||
10 | State Board of Education, not including school district | ||||||
11 | headquarters or administrative buildings. A safety zone also | ||||||
12 | includes an area that is within one-eighth of a mile from the | ||||||
13 | nearest property line of any facility, area, or land owned by a | ||||||
14 | park district used for recreational purposes. However, if any | ||||||
15 | portion of a roadway is within either one-eighth mile radius, | ||||||
16 | the safety zone also shall include the roadway extended to the | ||||||
17 | furthest portion of the next furthest intersection. The term | ||||||
18 | "safety zone" does not include any portion of the roadway | ||||||
19 | known as Lake Shore Drive or any controlled access highway | ||||||
20 | with 8 or more lanes of traffic. | ||||||
21 | (a-5) The automated speed enforcement system shall be | ||||||
22 | operational and violations shall be recorded only at the | ||||||
23 | following 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 |
| |||||||
| |||||||
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 | ||||||
11 | motor vehicle's
violation of a provision of this Code or a | ||||||
12 | local ordinance must make the recorded images of a violation | ||||||
13 | accessible to the alleged violator by providing the alleged | ||||||
14 | violator with a website address, accessible through the | ||||||
15 | Internet. | ||||||
16 | (c) Notwithstanding any penalties for any other violations | ||||||
17 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
18 | violation recorded by an automated speed enforcement system | ||||||
19 | shall 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 |
| |||||||
| |||||||
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 | ||||||
5 | driver of the motor vehicle received a Uniform Traffic | ||||||
6 | Citation from a police officer for a speeding violation | ||||||
7 | occurring within one-eighth of a mile and 15 minutes of the | ||||||
8 | violation that was recorded by the system. A violation for | ||||||
9 | which a civil penalty is imposed
under this Section is not a | ||||||
10 | violation of a traffic regulation governing
the movement of | ||||||
11 | vehicles and may not be recorded on the driving record
of the | ||||||
12 | owner of the vehicle. A law enforcement officer is not | ||||||
13 | required to be present or to witness the violation. No penalty | ||||||
14 | may be imposed under this Section if the recorded speed of a | ||||||
15 | vehicle is 5 miles per hour or less over the legal speed limit. | ||||||
16 | The municipality may send, in the same manner that notices are | ||||||
17 | sent under this Section, a speed violation warning notice | ||||||
18 | where the violation involves a speed of 5 miles per hour or | ||||||
19 | less above the legal speed limit. | ||||||
20 | (d) The net proceeds that a municipality receives from | ||||||
21 | civil penalties imposed under an automated speed enforcement | ||||||
22 | system, after deducting all non-personnel and personnel costs | ||||||
23 | associated with the operation and maintenance of such system, | ||||||
24 | shall be expended or obligated by the municipality for the | ||||||
25 | following purposes: | ||||||
26 | (i) public safety initiatives to ensure safe passage |
| |||||||
| |||||||
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 | ||||||
13 | local ordinance
recorded by an automated speed enforcement | ||||||
14 | system, the municipality having
jurisdiction shall issue a | ||||||
15 | written notice of the
violation to the registered owner of the | ||||||
16 | vehicle as the alleged
violator. The notice shall be delivered | ||||||
17 | to the registered
owner of the vehicle, by mail, within 30 days | ||||||
18 | after the Secretary of State notifies the municipality of the | ||||||
19 | identity of the owner of the vehicle, but in no event later | ||||||
20 | than 90 days after the violation. | ||||||
21 | (f) The notice required under subsection (e) of this | ||||||
22 | Section 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; |
| |||||||
| |||||||
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 | ||||||
22 | result of an automated speed enforcement system, does not pay | ||||||
23 | the fine or successfully contest the civil
penalty resulting | ||||||
24 | from that violation, the Secretary of State shall suspend the
| ||||||
25 | driving privileges of the
registered owner of the vehicle | ||||||
26 | under Section 6-306.5 of this Code for failing
to pay any fine |
| |||||||
| |||||||
1 | or penalty
due and owing, or both, as a result of a combination | ||||||
2 | of 5 violations of the automated speed enforcement system or | ||||||
3 | the automated traffic law under Section 11-208.6 of this Code. | ||||||
4 | (Blank). | ||||||
5 | (h) Based on inspection of recorded images produced by an
| ||||||
6 | automated speed enforcement system, a notice alleging that the | ||||||
7 | violation occurred shall be evidence of the facts contained
in | ||||||
8 | the notice and admissible in any proceeding alleging a
| ||||||
9 | violation under this Section. | ||||||
10 | (i) Recorded images made by an automated speed
enforcement | ||||||
11 | system are confidential and shall be made
available only to | ||||||
12 | the alleged violator and governmental and
law enforcement | ||||||
13 | agencies for purposes of adjudicating a
violation of this | ||||||
14 | Section, for statistical purposes, or for other governmental | ||||||
15 | purposes. Any recorded image evidencing a
violation of this | ||||||
16 | Section, however, may be admissible in
any proceeding | ||||||
17 | resulting from the issuance of the citation. | ||||||
18 | (j) The court or hearing officer may consider in defense | ||||||
19 | of 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 |
| |||||||
| |||||||
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 | ||||||
11 | the motor vehicle or registration
plates or digital | ||||||
12 | registration plates were stolen before the violation occurred | ||||||
13 | and were not under the
control or possession of the owner or | ||||||
14 | lessee at the time of the violation, the
owner or lessee must | ||||||
15 | submit proof that a report concerning the
motor vehicle or | ||||||
16 | registration plates was filed with a law enforcement agency in | ||||||
17 | a timely manner. | ||||||
18 | (l) A roadway equipped with an automated speed enforcement | ||||||
19 | system shall be posted with a sign conforming to the national | ||||||
20 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
21 | approaching traffic stating that vehicle speeds are being | ||||||
22 | photo-enforced and indicating the speed limit. The | ||||||
23 | municipality shall install such additional signage as it | ||||||
24 | determines is necessary to give reasonable notice to drivers | ||||||
25 | as to where automated speed enforcement systems are installed. | ||||||
26 | (m) A roadway where a new automated speed enforcement |
| |||||||
| |||||||
1 | system is installed shall be posted with signs providing 30 | ||||||
2 | days notice of the use of a new automated speed enforcement | ||||||
3 | system prior to the issuance of any citations through the | ||||||
4 | automated speed enforcement system. | ||||||
5 | (n) The compensation paid for an automated speed | ||||||
6 | enforcement system
must be based on the value of the equipment | ||||||
7 | or the services provided and may
not be based on the number of | ||||||
8 | traffic citations issued or the revenue generated
by the | ||||||
9 | system. | ||||||
10 | (o) A municipality shall make a certified report to the | ||||||
11 | Secretary of State pursuant to Section 6-306.5 of this Code | ||||||
12 | whenever a registered owner of a vehicle has failed to pay any
| ||||||
13 | fine or penalty due and owing as a result of a combination of 5 | ||||||
14 | offenses for automated speed or traffic law enforcement system | ||||||
15 | violations. (Blank). | ||||||
16 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
17 | to a written lease agreement shall be liable for an automated | ||||||
18 | speed or traffic law enforcement system violation involving | ||||||
19 | such motor vehicle during the period of the lease; provided | ||||||
20 | that upon the request of the appropriate authority received | ||||||
21 | within 120 days after the violation occurred, the lessor | ||||||
22 | provides within 60 days after such receipt the name and | ||||||
23 | address of the lessee. The drivers license number of a lessee | ||||||
24 | may be subsequently individually requested by the appropriate | ||||||
25 | authority if needed for enforcement of this Section. | ||||||
26 | Upon the provision of information by the lessor pursuant |
| |||||||
| |||||||
1 | to this subsection, the municipality may issue the violation | ||||||
2 | to the lessee of the vehicle in the same manner as it would | ||||||
3 | issue a violation to a registered owner of a vehicle pursuant | ||||||
4 | to this Section, and the lessee may be held liable for the | ||||||
5 | violation. | ||||||
6 | (q) A municipality using an automated speed enforcement | ||||||
7 | system must provide notice to drivers by publishing the | ||||||
8 | locations of all safety zones where system equipment is | ||||||
9 | installed on the website of the municipality. | ||||||
10 | (r) A municipality operating an automated speed | ||||||
11 | enforcement system shall conduct a statistical analysis to | ||||||
12 | assess the safety impact of the system. The statistical | ||||||
13 | analysis shall be based upon the best available crash, | ||||||
14 | traffic, and other data, and shall cover a period of time | ||||||
15 | before and after installation of the system sufficient to | ||||||
16 | provide a statistically valid comparison of safety impact. The | ||||||
17 | statistical analysis shall be consistent with professional | ||||||
18 | judgment and acceptable industry practice. The statistical | ||||||
19 | analysis also shall be consistent with the data required for | ||||||
20 | valid comparisons of before and after conditions and shall be | ||||||
21 | conducted within a reasonable period following the | ||||||
22 | installation of the automated traffic law enforcement system. | ||||||
23 | The statistical analysis required by this subsection shall be | ||||||
24 | made available to the public and shall be published on the | ||||||
25 | website of the municipality. | ||||||
26 | (s) This Section applies only to municipalities with a |
| |||||||
| |||||||
1 | population of 1,000,000 or more inhabitants.
| ||||||
2 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
3 | 102-905, 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; | ||||||
7 | approaching, overtaking, and passing a school bus. | ||||||
8 | (a) As used in this Section, "automated traffic law | ||||||
9 | enforcement
system" means a device with one or more motor | ||||||
10 | vehicle sensors working
in conjunction with the visual signals | ||||||
11 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
12 | this Code, to produce recorded images of
motor vehicles that | ||||||
13 | fail to stop before meeting or overtaking, from either | ||||||
14 | direction, any school bus stopped at any location for the | ||||||
15 | purpose of receiving or discharging pupils in violation of | ||||||
16 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
17 | ordinance. | ||||||
18 | An
automated traffic law enforcement system is a system, | ||||||
19 | in a municipality or
county operated by a
governmental agency, | ||||||
20 | that
produces a recorded image of a motor vehicle's
violation | ||||||
21 | of a provision of this Code or a local ordinance
and is | ||||||
22 | designed to obtain a clear recorded image of the
vehicle and | ||||||
23 | the vehicle's license plate. The recorded image must also
| ||||||
24 | display the time, date, and location of the violation. | ||||||
25 | (b) As used in this Section, "recorded images" means |
| |||||||
| |||||||
1 | images
recorded by an automated traffic law enforcement system | ||||||
2 | on: | ||||||
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 | ||||||
11 | image of a motor vehicle's
violation of a provision of this | ||||||
12 | Code or a local ordinance must make the recorded images of a | ||||||
13 | violation accessible to the alleged violator by providing the | ||||||
14 | alleged violator with a website address, accessible through | ||||||
15 | the Internet. | ||||||
16 | (d) For each violation of a provision of this Code or a | ||||||
17 | local ordinance
recorded by an automated
traffic law | ||||||
18 | enforcement system, the county or municipality having
| ||||||
19 | jurisdiction shall issue a written notice of the
violation to | ||||||
20 | the registered owner of the vehicle as the alleged
violator. | ||||||
21 | The notice shall be delivered to the registered
owner of the | ||||||
22 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
23 | notifies the municipality or county of the identity of the | ||||||
24 | owner of the vehicle, but in no event later than 90 days after | ||||||
25 | the violation. | ||||||
26 | (e) The notice required under subsection (d) shall |
| |||||||
| |||||||
1 | include: | ||||||
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. |
| |||||||
| |||||||
1 | (f) (Blank). If a person
charged with a traffic violation, | ||||||
2 | as a result of an automated traffic law
enforcement system | ||||||
3 | under this Section, does not pay the fine or successfully | ||||||
4 | contest the civil
penalty resulting from that violation, the | ||||||
5 | Secretary of State shall suspend the
driving privileges of the
| ||||||
6 | registered owner of the vehicle under Section 6-306.5 of this | ||||||
7 | Code for failing
to pay any fine or penalty
due and owing as a | ||||||
8 | result of a combination of 5 violations of the automated | ||||||
9 | traffic law
enforcement system or the automated speed | ||||||
10 | enforcement system under Section 11-208.8 of this Code. | ||||||
11 | (g) Based on inspection of recorded images produced by an
| ||||||
12 | automated traffic law enforcement system, a notice alleging | ||||||
13 | that the violation occurred shall be evidence of the facts | ||||||
14 | contained
in the notice and admissible in any proceeding | ||||||
15 | alleging a
violation under this Section. | ||||||
16 | (h) Recorded images made by an automated traffic law
| ||||||
17 | enforcement system are confidential and shall be made
| ||||||
18 | available only to the alleged violator and governmental and
| ||||||
19 | law enforcement agencies for purposes of adjudicating a
| ||||||
20 | violation of this Section, for statistical purposes, or for | ||||||
21 | other governmental purposes. Any recorded image evidencing a
| ||||||
22 | violation of this Section, however, may be admissible in
any | ||||||
23 | proceeding resulting from the issuance of the citation. | ||||||
24 | (i) The court or hearing officer may consider in defense | ||||||
25 | of a violation: | ||||||
26 | (1) that the motor vehicle or registration plates or |
| |||||||
| |||||||
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 | ||||||
21 | the motor vehicle or registration
plates or digital | ||||||
22 | registration plates were stolen before the violation occurred | ||||||
23 | and were not under the
control or possession of the owner or | ||||||
24 | lessee at the time of the violation, the
owner or lessee must | ||||||
25 | submit proof that a report concerning the
motor vehicle or | ||||||
26 | registration plates was filed with a law enforcement agency in |
| |||||||
| |||||||
1 | a timely manner. | ||||||
2 | (k) Unless the driver of the motor vehicle received a | ||||||
3 | Uniform
Traffic Citation from a police officer at the time of | ||||||
4 | the violation,
the motor vehicle owner is subject to a civil | ||||||
5 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
6 | for a second or subsequent violation, plus an additional | ||||||
7 | penalty of not more than $100 for failure to pay the original | ||||||
8 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
9 | an automated traffic law
enforcement system. A violation for | ||||||
10 | which a civil penalty is imposed
under this Section is not a | ||||||
11 | violation of a traffic regulation governing
the movement of | ||||||
12 | vehicles and may not be recorded on the driving record
of the | ||||||
13 | owner of the vehicle, but may be recorded by the municipality | ||||||
14 | or county for the purpose of determining if a person is subject | ||||||
15 | to the higher fine for a second or subsequent offense. | ||||||
16 | (l) A school bus equipped with an automated traffic law
| ||||||
17 | enforcement system must be posted with a sign indicating that | ||||||
18 | the school bus is being monitored by an automated
traffic law | ||||||
19 | enforcement system. | ||||||
20 | (m) A municipality or
county that has one or more school | ||||||
21 | buses equipped with an automated traffic law
enforcement | ||||||
22 | system must provide notice to drivers by posting a list of | ||||||
23 | school districts using school buses equipped with an automated | ||||||
24 | traffic law enforcement system on the municipality or county | ||||||
25 | website. School districts that have one or more school buses | ||||||
26 | equipped with an automated traffic law enforcement system must |
| |||||||
| |||||||
1 | provide notice to drivers by posting that information on their | ||||||
2 | websites. | ||||||
3 | (n) A municipality or county operating an automated | ||||||
4 | traffic law enforcement system shall conduct a statistical | ||||||
5 | analysis to assess the safety impact in each school district | ||||||
6 | using school buses equipped with an automated traffic law | ||||||
7 | enforcement system following installation of the system. The | ||||||
8 | statistical analysis shall be based upon the best available | ||||||
9 | crash, traffic, and other data, and shall cover a period of | ||||||
10 | time before and after installation of the system sufficient to | ||||||
11 | provide a statistically valid comparison of safety impact. The | ||||||
12 | statistical analysis shall be consistent with professional | ||||||
13 | judgment and acceptable industry practice. The statistical | ||||||
14 | analysis also shall be consistent with the data required for | ||||||
15 | valid comparisons of before and after conditions and shall be | ||||||
16 | conducted within a reasonable period following the | ||||||
17 | installation of the automated traffic law enforcement system. | ||||||
18 | The statistical analysis required by this subsection shall be | ||||||
19 | made available to the public and shall be published on the | ||||||
20 | website of the municipality or county. If the statistical | ||||||
21 | analysis for the 36-month period following installation of the | ||||||
22 | system indicates that there has been an increase in the rate of | ||||||
23 | accidents at the approach to school buses monitored by the | ||||||
24 | system, the municipality or county shall undertake additional | ||||||
25 | studies to determine the cause and severity of the accidents, | ||||||
26 | and may take any action that it determines is necessary or |
| |||||||
| |||||||
1 | appropriate to reduce the number or severity of the accidents | ||||||
2 | involving school buses equipped with an automated traffic law | ||||||
3 | enforcement system. | ||||||
4 | (o) The compensation paid for an automated traffic law | ||||||
5 | enforcement system
must be based on the value of the equipment | ||||||
6 | or the services provided and may
not be based on the number of | ||||||
7 | traffic citations issued or the revenue generated
by the | ||||||
8 | system. | ||||||
9 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
10 | to a written lease agreement shall be liable for an automated | ||||||
11 | speed or traffic law enforcement system violation involving | ||||||
12 | such motor vehicle during the period of the lease; provided | ||||||
13 | that upon the request of the appropriate authority received | ||||||
14 | within 120 days after the violation occurred, the lessor | ||||||
15 | provides within 60 days after such receipt the name and | ||||||
16 | address of the lessee. The drivers license number of a lessee | ||||||
17 | may be subsequently individually requested by the appropriate | ||||||
18 | authority if needed for enforcement of this Section. | ||||||
19 | Upon the provision of information by the lessor pursuant | ||||||
20 | to this subsection, the county or municipality may issue the | ||||||
21 | violation to the lessee of the vehicle in the same manner as it | ||||||
22 | would issue a violation to a registered owner of a vehicle | ||||||
23 | pursuant to this Section, and the lessee may be held liable for | ||||||
24 | the violation. | ||||||
25 | (q) (Blank). A municipality or county shall make a | ||||||
26 | certified report to the Secretary of State pursuant to Section |
| |||||||
| |||||||
1 | 6-306.5 of this Code whenever a registered owner of a vehicle | ||||||
2 | has failed to pay any
fine or penalty due and owing as a result | ||||||
3 | of a combination of 5 offenses for automated traffic
law or | ||||||
4 | speed enforcement system violations. | ||||||
5 | (r) After a municipality or county enacts an ordinance | ||||||
6 | providing for automated traffic law enforcement systems under | ||||||
7 | this Section, each school district within that municipality or | ||||||
8 | county's jurisdiction may implement an automated traffic law | ||||||
9 | enforcement system under this Section. The elected school | ||||||
10 | board for that district must approve the implementation of an | ||||||
11 | automated traffic law enforcement system. The school district | ||||||
12 | shall be responsible for entering into a contract, approved by | ||||||
13 | the elected school board of that district, with vendors for | ||||||
14 | the installation, maintenance, and operation of the automated | ||||||
15 | traffic law enforcement system. The school district must enter | ||||||
16 | into an intergovernmental agreement, approved by the elected | ||||||
17 | school board of that district, with the municipality or county | ||||||
18 | with jurisdiction over that school district for the | ||||||
19 | administration of the automated traffic law enforcement | ||||||
20 | system. The proceeds from a school district's automated | ||||||
21 | traffic law enforcement system's fines shall be divided | ||||||
22 | equally between the school district and the municipality or | ||||||
23 | county administering the automated traffic law enforcement | ||||||
24 | system.
| ||||||
25 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
26 | 102-905, eff. 1-1-23.) |
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 102-982 )
| ||||||
2 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
3 | approaching, overtaking, and passing a school bus. | ||||||
4 | (a) As used in this Section, "automated traffic law | ||||||
5 | enforcement
system" means a device with one or more motor | ||||||
6 | vehicle sensors working
in conjunction with the visual signals | ||||||
7 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
8 | this Code, to produce recorded images of
motor vehicles that | ||||||
9 | fail to stop before meeting or overtaking, from either | ||||||
10 | direction, any school bus stopped at any location for the | ||||||
11 | purpose of receiving or discharging pupils in violation of | ||||||
12 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
13 | ordinance. | ||||||
14 | An
automated traffic law enforcement system is a system, | ||||||
15 | in a municipality or
county operated by a
governmental agency, | ||||||
16 | that
produces a recorded image of a motor vehicle's
violation | ||||||
17 | of a provision of this Code or a local ordinance
and is | ||||||
18 | designed to obtain a clear recorded image of the
vehicle and | ||||||
19 | the vehicle's license plate. The recorded image must also
| ||||||
20 | display the time, date, and location of the violation. | ||||||
21 | (b) As used in this Section, "recorded images" means | ||||||
22 | images
recorded by an automated traffic law enforcement system | ||||||
23 | on: | ||||||
24 | (1) 2 or more photographs; | ||||||
25 | (2) 2 or more microphotographs; |
| |||||||
| |||||||
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 | ||||||
7 | image of a motor vehicle's
violation of a provision of this | ||||||
8 | Code or a local ordinance must make the recorded images of a | ||||||
9 | violation accessible to the alleged violator by providing the | ||||||
10 | alleged violator with a website address, accessible through | ||||||
11 | the Internet. | ||||||
12 | (d) For each violation of a provision of this Code or a | ||||||
13 | local ordinance
recorded by an automated
traffic law | ||||||
14 | enforcement system, the county or municipality having
| ||||||
15 | jurisdiction shall issue a written notice of the
violation to | ||||||
16 | the registered owner of the vehicle as the alleged
violator. | ||||||
17 | The notice shall be delivered to the registered
owner of the | ||||||
18 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
19 | notifies the municipality or county of the identity of the | ||||||
20 | owner of the vehicle, but in no event later than 90 days after | ||||||
21 | the violation. | ||||||
22 | (e) The notice required under subsection (d) shall | ||||||
23 | include: | ||||||
24 | (1) the name and address of the registered owner of | ||||||
25 | the
vehicle; | ||||||
26 | (2) the registration number of the motor vehicle
|
| |||||||
| |||||||
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, | ||||||
24 | as a result of an automated traffic law
enforcement system | ||||||
25 | under this Section, does not pay the fine or successfully | ||||||
26 | contest the civil
penalty resulting from that violation, the |
| |||||||
| |||||||
1 | Secretary of State shall suspend the
driving privileges of the
| ||||||
2 | registered owner of the vehicle under Section 6-306.5 of this | ||||||
3 | Code for failing
to pay any fine or penalty
due and owing as a | ||||||
4 | result of a combination of 5 violations of the automated | ||||||
5 | traffic law
enforcement system or the automated speed | ||||||
6 | enforcement system under Section 11-208.8 of this Code. | ||||||
7 | (g) Based on inspection of recorded images produced by an
| ||||||
8 | automated traffic law enforcement system, a notice alleging | ||||||
9 | that the violation occurred shall be evidence of the facts | ||||||
10 | contained
in the notice and admissible in any proceeding | ||||||
11 | alleging a
violation under this Section. | ||||||
12 | (h) Recorded images made by an automated traffic law
| ||||||
13 | enforcement system are confidential and shall be made
| ||||||
14 | available only to the alleged violator and governmental and
| ||||||
15 | law enforcement agencies for purposes of adjudicating a
| ||||||
16 | violation of this Section, for statistical purposes, or for | ||||||
17 | other governmental purposes. Any recorded image evidencing a
| ||||||
18 | violation of this Section, however, may be admissible in
any | ||||||
19 | proceeding resulting from the issuance of the citation. | ||||||
20 | (i) The court or hearing officer may consider in defense | ||||||
21 | of 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; |
| |||||||
| |||||||
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 | ||||||
17 | the motor vehicle or registration
plates or digital | ||||||
18 | registration plates were stolen before the violation occurred | ||||||
19 | and were not under the
control or possession of the owner or | ||||||
20 | lessee at the time of the violation, the
owner or lessee must | ||||||
21 | submit proof that a report concerning the
motor vehicle or | ||||||
22 | registration plates was filed with a law enforcement agency in | ||||||
23 | a timely manner. | ||||||
24 | (k) Unless the driver of the motor vehicle received a | ||||||
25 | Uniform
Traffic Citation from a police officer at the time of | ||||||
26 | the violation,
the motor vehicle owner is subject to a civil |
| |||||||
| |||||||
1 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
2 | for a second or subsequent violation, plus an additional | ||||||
3 | penalty of not more than $100 for failure to pay the original | ||||||
4 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
5 | an automated traffic law
enforcement system. A violation for | ||||||
6 | which a civil penalty is imposed
under this Section is not a | ||||||
7 | violation of a traffic regulation governing
the movement of | ||||||
8 | vehicles and may not be recorded on the driving record
of the | ||||||
9 | owner of the vehicle, but may be recorded by the municipality | ||||||
10 | or county for the purpose of determining if a person is subject | ||||||
11 | to the higher fine for a second or subsequent offense. | ||||||
12 | (l) A school bus equipped with an automated traffic law
| ||||||
13 | enforcement system must be posted with a sign indicating that | ||||||
14 | the school bus is being monitored by an automated
traffic law | ||||||
15 | enforcement system. | ||||||
16 | (m) A municipality or
county that has one or more school | ||||||
17 | buses equipped with an automated traffic law
enforcement | ||||||
18 | system must provide notice to drivers by posting a list of | ||||||
19 | school districts using school buses equipped with an automated | ||||||
20 | traffic law enforcement system on the municipality or county | ||||||
21 | website. School districts that have one or more school buses | ||||||
22 | equipped with an automated traffic law enforcement system must | ||||||
23 | provide notice to drivers by posting that information on their | ||||||
24 | websites. | ||||||
25 | (n) A municipality or county operating an automated | ||||||
26 | traffic law enforcement system shall conduct a statistical |
| |||||||
| |||||||
1 | analysis to assess the safety impact in each school district | ||||||
2 | using school buses equipped with an automated traffic law | ||||||
3 | enforcement system following installation of the system. The | ||||||
4 | statistical analysis shall be based upon the best available | ||||||
5 | crash, traffic, and other data, and shall cover a period of | ||||||
6 | time before and after installation of the system sufficient to | ||||||
7 | provide a statistically valid comparison of safety impact. The | ||||||
8 | statistical analysis shall be consistent with professional | ||||||
9 | judgment and acceptable industry practice. The statistical | ||||||
10 | analysis also shall be consistent with the data required for | ||||||
11 | valid comparisons of before and after conditions and shall be | ||||||
12 | conducted within a reasonable period following the | ||||||
13 | installation of the automated traffic law enforcement system. | ||||||
14 | The statistical analysis required by this subsection shall be | ||||||
15 | made available to the public and shall be published on the | ||||||
16 | website of the municipality or county. If the statistical | ||||||
17 | analysis for the 36-month period following installation of the | ||||||
18 | system indicates that there has been an increase in the rate of | ||||||
19 | crashes at the approach to school buses monitored by the | ||||||
20 | system, the municipality or county shall undertake additional | ||||||
21 | studies to determine the cause and severity of the crashes, | ||||||
22 | and may take any action that it determines is necessary or | ||||||
23 | appropriate to reduce the number or severity of the crashes | ||||||
24 | involving school buses equipped with an automated traffic law | ||||||
25 | enforcement system. | ||||||
26 | (o) The compensation paid for an automated traffic law |
| |||||||
| |||||||
1 | enforcement system
must be based on the value of the equipment | ||||||
2 | or the services provided and may
not be based on the number of | ||||||
3 | traffic citations issued or the revenue generated
by the | ||||||
4 | system. | ||||||
5 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
6 | to a written lease agreement shall be liable for an automated | ||||||
7 | speed or traffic law enforcement system violation involving | ||||||
8 | such motor vehicle during the period of the lease; provided | ||||||
9 | that upon the request of the appropriate authority received | ||||||
10 | within 120 days after the violation occurred, the lessor | ||||||
11 | provides within 60 days after such receipt the name and | ||||||
12 | address of the lessee. The drivers license number of a lessee | ||||||
13 | may be subsequently individually requested by the appropriate | ||||||
14 | authority if needed for enforcement of this Section. | ||||||
15 | Upon the provision of information by the lessor pursuant | ||||||
16 | to this subsection, the county or municipality may issue the | ||||||
17 | violation to the lessee of the vehicle in the same manner as it | ||||||
18 | would issue a violation to a registered owner of a vehicle | ||||||
19 | pursuant to this Section, and the lessee may be held liable for | ||||||
20 | the violation. | ||||||
21 | (q) (Blank). A municipality or county shall make a | ||||||
22 | certified report to the Secretary of State pursuant to Section | ||||||
23 | 6-306.5 of this Code whenever a registered owner of a vehicle | ||||||
24 | has failed to pay any
fine or penalty due and owing as a result | ||||||
25 | of a combination of 5 offenses for automated traffic
law or | ||||||
26 | speed enforcement system violations. |
| |||||||
| |||||||
1 | (r) After a municipality or county enacts an ordinance | ||||||
2 | providing for automated traffic law enforcement systems under | ||||||
3 | this Section, each school district within that municipality or | ||||||
4 | county's jurisdiction may implement an automated traffic law | ||||||
5 | enforcement system under this Section. The elected school | ||||||
6 | board for that district must approve the implementation of an | ||||||
7 | automated traffic law enforcement system. The school district | ||||||
8 | shall be responsible for entering into a contract, approved by | ||||||
9 | the elected school board of that district, with vendors for | ||||||
10 | the installation, maintenance, and operation of the automated | ||||||
11 | traffic law enforcement system. The school district must enter | ||||||
12 | into an intergovernmental agreement, approved by the elected | ||||||
13 | school board of that district, with the municipality or county | ||||||
14 | with jurisdiction over that school district for the | ||||||
15 | administration of the automated traffic law enforcement | ||||||
16 | system. The proceeds from a school district's automated | ||||||
17 | traffic law enforcement system's fines shall be divided | ||||||
18 | equally between the school district and the municipality or | ||||||
19 | county administering the automated traffic law enforcement | ||||||
20 | system.
| ||||||
21 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
22 | 102-905, 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 | ||||||
25 | system.
|
| |||||||
| |||||||
1 | (a) For the purposes of this Section, an automated | ||||||
2 | railroad grade crossing
enforcement system is a system in a | ||||||
3 | municipality or county operated by a governmental agency that | ||||||
4 | produces a recorded image of a motor vehicle's violation of a | ||||||
5 | provision of this Code or local ordinance and is designed to | ||||||
6 | obtain a clear recorded image of the vehicle and vehicle's | ||||||
7 | license plate. The recorded image must also display the time, | ||||||
8 | date, and location of the violation. | ||||||
9 | As used in this Section, "recorded images" means images | ||||||
10 | recorded by an automated railroad grade crossing enforcement | ||||||
11 | system 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 | ||||||
20 | with a
local law enforcement agency, establish in any county | ||||||
21 | or municipality an automated
railroad grade crossing | ||||||
22 | enforcement system at any railroad grade crossing equipped | ||||||
23 | with a crossing gate designated by local authorities. Local | ||||||
24 | authorities desiring the establishment of an automated | ||||||
25 | railroad crossing enforcement system must initiate the process | ||||||
26 | by enacting a local ordinance requesting the creation of such |
| |||||||
| |||||||
1 | a system. After the ordinance has been enacted, and before any | ||||||
2 | additional steps toward the establishment of the system are | ||||||
3 | undertaken, the local authorities and the Commission must | ||||||
4 | agree to a plan for obtaining, from any combination of | ||||||
5 | federal, State, and local funding sources, the moneys required | ||||||
6 | for 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 | ||||||
9 | local ordinance recorded by an automated railroad grade | ||||||
10 | crossing enforcement system, the county or municipality having | ||||||
11 | jurisdiction shall issue a written notice of the violation to | ||||||
12 | the registered owner of the vehicle as the alleged violator. | ||||||
13 | The notice shall be delivered to the registered owner of the | ||||||
14 | vehicle, 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 |
| |||||||
| |||||||
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, | ||||||
12 | as a result of an automated railroad grade crossing | ||||||
13 | enforcement system, does not pay or successfully contest the | ||||||
14 | civil penalty resulting from that violation, the Secretary of | ||||||
15 | State shall suspend the driving privileges of the registered | ||||||
16 | owner of the vehicle under Section 6-306.5 of this Code for | ||||||
17 | failing to pay any fine or penalty due and owing as a result of | ||||||
18 | 5 violations of the automated railroad grade crossing | ||||||
19 | enforcement system.
| ||||||
20 | (d-1) (Blank).
| ||||||
21 | (d-2) (Blank).
| ||||||
22 | (e) Based on inspection of recorded images produced by an | ||||||
23 | automated railroad grade crossing enforcement system, a notice | ||||||
24 | alleging that the violation occurred shall be evidence of the | ||||||
25 | facts contained in the notice and admissible in any proceeding | ||||||
26 | alleging a violation under this Section.
|
| |||||||
| |||||||
1 | (e-1) Recorded images made by an automated railroad grade | ||||||
2 | crossing enforcement system are confidential and shall be made | ||||||
3 | available only to the alleged violator and governmental and | ||||||
4 | law enforcement agencies for purposes of adjudicating a | ||||||
5 | violation of this Section, for statistical purposes, or for | ||||||
6 | other governmental purposes. Any recorded image evidencing a | ||||||
7 | violation of this Section, however, may be admissible in any | ||||||
8 | proceeding resulting from the issuance of the citation.
| ||||||
9 | (e-2) The court or hearing officer may consider the | ||||||
10 | following 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 | ||||||
26 | or the motor vehicle or registration plates or digital |
| |||||||
| |||||||
1 | registration plates were stolen before the violation occurred | ||||||
2 | and were not under the control or possession of the owner or | ||||||
3 | lessee at the time of the violation, the owner or lessee must | ||||||
4 | submit proof that a report concerning the motor vehicle or | ||||||
5 | registration plates was filed with a law enforcement agency in | ||||||
6 | a timely manner.
| ||||||
7 | (f) Rail crossings equipped with an automatic railroad | ||||||
8 | grade crossing
enforcement system shall be posted with a sign | ||||||
9 | visible to approaching traffic
stating that the railroad grade | ||||||
10 | crossing is being monitored, that citations
will be issued, | ||||||
11 | and the amount of the fine for violation.
| ||||||
12 | (g) The compensation paid for an automated railroad grade | ||||||
13 | crossing enforcement system must be based on the value of the | ||||||
14 | equipment or the services provided and may not be based on the | ||||||
15 | number of citations issued or the revenue generated by the | ||||||
16 | system.
| ||||||
17 | (h) (Blank).
| ||||||
18 | (i) If any part or parts of this Section are held by a | ||||||
19 | court of competent
jurisdiction to be unconstitutional, the | ||||||
20 | unconstitutionality shall not affect
the validity of the | ||||||
21 | remaining parts of this Section. The General Assembly
hereby | ||||||
22 | declares that it would have passed the remaining parts of this | ||||||
23 | Section
if it had known that the other part or parts of this | ||||||
24 | Section would be declared
unconstitutional.
| ||||||
25 | (j) Penalty. A civil fine of
$250 shall be imposed for a | ||||||
26 | first violation of this Section, and a civil fine of $500 shall |
| |||||||
| |||||||
1 | be
imposed for a second or subsequent violation of this | ||||||
2 | Section.
| ||||||
3 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
4 | 102-813, eff. 5-13-22; 102-905, eff. 1-1-23 .)
| ||||||
5 | Section 1-180. The Illinois Vehicle Code is amended by | ||||||
6 | reenacting Sections 4-214.1 and 6-306.6 and by reenacting and | ||||||
7 | amending 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 | ||||||
10 | an abandoned
vehicle. (a) Whenever any resident of this | ||||||
11 | State fails to pay any fine, charge, or
cost imposed for a | ||||||
12 | violation of Section 4-201 of this Code, or a similar
| ||||||
13 | provision of a local ordinance, the clerk shall notify the | ||||||
14 | Secretary of State, on
a report prescribed by the Secretary, | ||||||
15 | and the Secretary shall prohibit the
renewal, reissue, or | ||||||
16 | reinstatement of the resident's driving privileges until
the | ||||||
17 | fine, charge, or cost has been paid in full. The clerk shall | ||||||
18 | provide
notice to the owner, at the owner's last known address | ||||||
19 | as shown on the court's
records, stating that the action will | ||||||
20 | be effective on the 46th day following
the date of the above | ||||||
21 | notice if payment is not received in full by the court of
| ||||||
22 | venue.
| ||||||
23 | (b) Following receipt of the report from the clerk, the | ||||||
24 | Secretary of State
shall make the proper notation to the |
| |||||||
| |||||||
1 | owner's file to prohibit the renewal,
reissue, or | ||||||
2 | reinstatement of the owner's driving privileges. Except as | ||||||
3 | provided
in subsection (d) of this Section, the notation shall | ||||||
4 | not be removed from the
owner's record until the owner | ||||||
5 | satisfies the outstanding fine, charge, or cost
and an | ||||||
6 | appropriate notice on a form prescribed by the Secretary is | ||||||
7 | received by
the Secretary from the court of venue, stating | ||||||
8 | that the fine, charge, or cost
has been paid in full. Upon | ||||||
9 | payment in full of a fine, charge, or court cost
which has | ||||||
10 | previously been reported under this Section as unpaid, the | ||||||
11 | clerk of
the court shall present the owner with a signed | ||||||
12 | receipt containing the seal of
the court indicating that the | ||||||
13 | fine, charge, or cost has been paid in full, and
shall forward | ||||||
14 | immediately to the Secretary of State a notice stating that | ||||||
15 | the
fine, charge, or cost has been paid in full.
| ||||||
16 | (c) Notwithstanding the receipt of a report from the clerk | ||||||
17 | as prescribed in
subsection (a), nothing in this Section is | ||||||
18 | intended to place
any responsibility upon the Secretary of | ||||||
19 | State to provide independent
notice to the owner of any | ||||||
20 | potential action to disallow the
renewal, reissue, or | ||||||
21 | reinstatement of the owner's driving privileges.
| ||||||
22 | (d) The Secretary of State shall renew, reissue, or | ||||||
23 | reinstate an owner's
driving privileges which were previously | ||||||
24 | refused under this Section upon
presentation of an original | ||||||
25 | receipt which is signed by the clerk of the court
and contains | ||||||
26 | the seal of the court indicating that the fine, charge, or cost
|
| |||||||
| |||||||
1 | has been paid in full. The Secretary of State shall retain the | ||||||
2 | receipt 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, | ||||||
6 | parking,
compliance, automated speed enforcement system, or | ||||||
7 | automated traffic law violations; suspension of driving | ||||||
8 | privileges.
| ||||||
9 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||
10 | subsection (c) of
this Section, from
any municipality or | ||||||
11 | county stating that the owner of a registered vehicle has | ||||||
12 | failed to pay any
fine or penalty due and owing as a result of | ||||||
13 | 5 offenses for automated speed enforcement system violations | ||||||
14 | or automated traffic
violations as defined in Sections
| ||||||
15 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination | ||||||
16 | thereof, or (3) is more than 14 days in default of a payment | ||||||
17 | plan pursuant to which a suspension had been terminated under | ||||||
18 | subsection (c) of this Section, the Secretary of State
shall | ||||||
19 | suspend the driving privileges of such person in accordance | ||||||
20 | with the
procedures set forth in this Section.
The Secretary | ||||||
21 | shall also suspend the driving privileges of an owner of a
| ||||||
22 | registered vehicle upon receipt of a certified report, as | ||||||
23 | prescribed by
subsection (f) of this Section, from any | ||||||
24 | municipality or county stating that such
person has failed to | ||||||
25 | satisfy any fines or penalties imposed by final judgments
for |
| |||||||
| |||||||
1 | 5 or more automated speed enforcement system or automated | ||||||
2 | traffic law violations, or combination thereof, after
| ||||||
3 | exhaustion of judicial review procedures.
| ||||||
4 | (b) Following receipt of the certified report of the | ||||||
5 | municipality or county as
specified in this Section, the | ||||||
6 | Secretary of State shall notify the person
whose name appears | ||||||
7 | on the certified report that
the person's driver's
drivers | ||||||
8 | license will be suspended at the end of a specified period of | ||||||
9 | time
unless the Secretary of State is presented with a notice | ||||||
10 | from the
municipality or county certifying that the fine or | ||||||
11 | penalty due
and owing the municipality or county has been paid | ||||||
12 | or that inclusion of that
person's name on the certified | ||||||
13 | report was in error. The Secretary's notice
shall state in | ||||||
14 | substance the information
contained in the municipality's or | ||||||
15 | county's certified report to the Secretary, and
shall be | ||||||
16 | effective as specified by subsection (c) of Section 6-211 of | ||||||
17 | this
Code.
| ||||||
18 | (c) The report of the appropriate municipal or county | ||||||
19 | official notifying the
Secretary of State of unpaid fines or | ||||||
20 | penalties pursuant to this Section
shall be certified and | ||||||
21 | shall 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 | ||||||
5 | to the Secretary of State
pursuant to this Section
shall | ||||||
6 | notify the Secretary of State, in a form prescribed by the
| ||||||
7 | Secretary, whenever a person named in the certified report has | ||||||
8 | paid the
previously reported fine or penalty, whenever a | ||||||
9 | person named in the certified report has entered into a | ||||||
10 | payment plan pursuant to which the municipality or county has | ||||||
11 | agreed to terminate the suspension, or whenever the | ||||||
12 | municipality or county determines
that the original report was | ||||||
13 | in error. A certified copy of such
notification shall also be | ||||||
14 | given upon request and at no additional charge
to the person | ||||||
15 | named therein. Upon receipt of the municipality's or county's
| ||||||
16 | notification or presentation of a certified copy of such | ||||||
17 | notification, the
Secretary of State shall terminate the | ||||||
18 | suspension.
| ||||||
19 | (e) Any municipality or county making a certified report | ||||||
20 | to the Secretary of State
pursuant to this Section
shall also | ||||||
21 | by ordinance establish procedures for persons to
challenge the | ||||||
22 | accuracy of the certified report. The ordinance shall also
| ||||||
23 | state the grounds for such a challenge, which may be limited to | ||||||
24 | (1) the
person not having been the owner or lessee of the | ||||||
25 | vehicle or vehicles
receiving a combination of 5 or more | ||||||
26 | automated speed enforcement system or automated traffic law |
| |||||||
| |||||||
1 | violations on the date or dates such notices were issued; and | ||||||
2 | (2) the
person
having already paid the fine or penalty for the | ||||||
3 | combination of 5 or more automated speed enforcement system or | ||||||
4 | automated traffic law violations
indicated on the certified | ||||||
5 | report.
| ||||||
6 | (f) Any municipality or county, other than a municipality | ||||||
7 | or county establishing automated speed enforcement system | ||||||
8 | regulations under Section 11-208.8, or automated traffic law | ||||||
9 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
10 | may also
cause a suspension of a person's driver's drivers | ||||||
11 | license pursuant to this Section.
Such municipality or county | ||||||
12 | may invoke this sanction by making a certified report to
the | ||||||
13 | Secretary of State upon a person's failure to satisfy any fine | ||||||
14 | or
penalty imposed by final judgment for a combination of 5 or | ||||||
15 | more automated speed enforcement system or automated traffic | ||||||
16 | law violations after exhaustion
of judicial review
procedures, | ||||||
17 | but 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 |
| |||||||
| |||||||
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 | ||||||
6 | or county establishing
automated speed enforcement system | ||||||
7 | regulations under Section 11-208.8, or automated traffic law | ||||||
8 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
9 | may provide by
ordinance for the sending of a notice of | ||||||
10 | impending driver's
drivers license suspension to the person | ||||||
11 | who has failed to satisfy any fine
or penalty imposed by final | ||||||
12 | judgment for a combination of 5 or more automated speed | ||||||
13 | enforcement system or automated traffic law violations after | ||||||
14 | exhaustion
of
judicial review
procedures. An ordinance so | ||||||
15 | providing shall specify that the notice
sent to the person | ||||||
16 | liable for any fine or penalty
shall state that failure to pay | ||||||
17 | the fine or
penalty owing within 45 days of the notice's date | ||||||
18 | will result in the
municipality or county notifying the | ||||||
19 | Secretary of State that
the person's driver's drivers license | ||||||
20 | is eligible for suspension pursuant to this
Section.
The | ||||||
21 | notice of impending driver's drivers license suspension
shall | ||||||
22 | be sent by first class United States mail, postage prepaid, to | ||||||
23 | the
address
recorded with the Secretary of State or at the last | ||||||
24 | address known to the lessor of the cited vehicle at the time of | ||||||
25 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
26 | Code is returned as undeliverable, to the last known address |
| |||||||
| |||||||
1 | recorded in a United States Post Office approved database.
| ||||||
2 | (h) An administrative hearing to contest an impending | ||||||
3 | suspension or a
suspension made pursuant to this Section may | ||||||
4 | be had upon filing a written
request with the Secretary of | ||||||
5 | State. The filing fee for this hearing shall
be $20, to be paid | ||||||
6 | at the time the request is made.
A municipality or county which | ||||||
7 | files a certified report with the Secretary of
State pursuant | ||||||
8 | to this Section shall reimburse the Secretary for all
| ||||||
9 | reasonable costs incurred by the Secretary as a result of the | ||||||
10 | filing of the
report, including , but not limited to , the costs | ||||||
11 | of providing the notice
required pursuant to subsection (b) | ||||||
12 | and the costs incurred by the Secretary
in any hearing | ||||||
13 | conducted with respect to the report pursuant to this
| ||||||
14 | subsection and any appeal from such a hearing.
| ||||||
15 | (i) The provisions of this Section shall apply on and | ||||||
16 | after January 1, 1988.
| ||||||
17 | (j) For purposes of this Section, the term "compliance | ||||||
18 | violation" 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 | ||||||
22 | court costs.
| ||||||
23 | (a) Whenever any resident of this State fails to pay any | ||||||
24 | traffic fine,
penalty,
or cost imposed for a violation of this | ||||||
25 | Code, or similar provision of
local ordinance, the clerk may |
| |||||||
| |||||||
1 | notify the Secretary of State, on
a report
prescribed by the | ||||||
2 | Secretary, and the Secretary shall prohibit the renewal,
| ||||||
3 | reissue or reinstatement of such resident's driving privileges | ||||||
4 | until such
fine, penalty, or cost has been paid in full. The | ||||||
5 | clerk
shall provide notice to
the driver, at the driver's last | ||||||
6 | known address as shown on the court's
records, stating that | ||||||
7 | such action
will be effective on the 46th day following the | ||||||
8 | date of the above notice if
payment is not received in full by | ||||||
9 | the court of venue.
| ||||||
10 | (a-1) Whenever any resident of this State who has made a | ||||||
11 | partial payment on any traffic fine, penalty, or cost that was | ||||||
12 | imposed under a conviction entered on or after the effective | ||||||
13 | date of this amendatory Act of the 93rd General Assembly, for a | ||||||
14 | violation of this Code or a similar provision of a local | ||||||
15 | ordinance, fails to pay the remainder of the outstanding fine, | ||||||
16 | penalty, or cost within the time limit set by the court, the | ||||||
17 | clerk may notify the Secretary of State, on a report | ||||||
18 | prescribed by the Secretary, and the Secretary shall prohibit | ||||||
19 | the renewal, reissue, or reinstatement of the resident's | ||||||
20 | driving privileges until the fine, penalty, or cost has been | ||||||
21 | paid in full. The clerk shall provide notice to the driver, at | ||||||
22 | the driver's last known address as shown on the court's | ||||||
23 | records, stating that the action will be effective on the 46th | ||||||
24 | day following the date of the notice if payment is not received | ||||||
25 | in full by the court of venue.
| ||||||
26 | (b) Except as provided in subsection (b-1), following |
| |||||||
| |||||||
1 | receipt of the report from the clerk, the
Secretary of
State | ||||||
2 | shall make the proper notation to the driver's file to | ||||||
3 | prohibit the
renewal, reissue or reinstatement of such | ||||||
4 | driver's driving privileges.
Except as provided in paragraph | ||||||
5 | (2) of subsection (d) of this Section, such
notation shall not | ||||||
6 | be removed from the driver's record until the
driver satisfies | ||||||
7 | the outstanding fine, penalty, or cost and an
appropriate | ||||||
8 | notice on
a form prescribed by the Secretary is received by the | ||||||
9 | Secretary from the
court of venue, stating that such fine, | ||||||
10 | penalty, or cost has been paid
in full.
Upon payment in full of | ||||||
11 | a traffic fine, penalty, or court cost which has
previously | ||||||
12 | been reported under this Section as unpaid, the clerk of the
| ||||||
13 | court shall present the driver with a signed receipt | ||||||
14 | containing the seal of
the court indicating that such fine, | ||||||
15 | penalty, or cost has been paid in
full, and
shall forward | ||||||
16 | forthwith to the Secretary of State a notice stating that the
| ||||||
17 | fine, penalty, or cost has been paid in full.
| ||||||
18 | (b-1) In a county with a population of 3,000,000 or more, | ||||||
19 | following receipt of the report from the clerk, the
Secretary | ||||||
20 | of
State shall make the proper notation to the driver's file to | ||||||
21 | prohibit the
renewal, reissue or reinstatement of such | ||||||
22 | driver's driving privileges.
Such notation shall not be | ||||||
23 | removed from the driver's record until the
driver satisfies | ||||||
24 | the outstanding fine, penalty, or cost and an
appropriate | ||||||
25 | notice on
a form prescribed by the Secretary is received by the | ||||||
26 | Secretary directly from the
court of venue, stating that such |
| |||||||
| |||||||
1 | fine, penalty, or cost has been paid
in full.
Upon payment in | ||||||
2 | full of a traffic fine, penalty, or court cost which has
| ||||||
3 | previously been reported under this Section as unpaid, the | ||||||
4 | clerk of the
court shall forward forthwith directly to the | ||||||
5 | Secretary of State a notice stating that the
fine, penalty, or | ||||||
6 | cost has been paid in full and shall provide the driver with a | ||||||
7 | signed receipt containing the seal of the court, indicating | ||||||
8 | that the fine, penalty, and cost have been paid in full. The | ||||||
9 | receipt may not be used by the driver to clear the driver's | ||||||
10 | record.
| ||||||
11 | (c) The provisions of this Section shall be limited to a | ||||||
12 | single action
per arrest and as a post conviction measure | ||||||
13 | only. Fines, penalty, or
costs to be
collected subsequent to | ||||||
14 | orders of court supervision, or other available
court | ||||||
15 | diversions are not applicable to this Section.
| ||||||
16 | (d)(1) Notwithstanding the receipt of a report from the | ||||||
17 | clerk
as
prescribed in subsections (a) and (e), nothing in | ||||||
18 | this Section is intended to place
any responsibility upon the | ||||||
19 | Secretary of State to provide independent
notice to the driver | ||||||
20 | of any potential action to disallow the renewal,
reissue or | ||||||
21 | reinstatement of such driver's driving privileges.
| ||||||
22 | (2) Except as provided in subsection (b-1), the
Secretary | ||||||
23 | of State shall renew, reissue or reinstate a
driver's driving | ||||||
24 | privileges which were previously refused pursuant to this
| ||||||
25 | Section upon presentation of an original receipt which is | ||||||
26 | signed by the
clerk of the court and contains the seal of the |
| |||||||
| |||||||
1 | court indicating that the
fine, penalty, or cost has been paid | ||||||
2 | in full. The Secretary of State
shall retain
such receipt for | ||||||
3 | his records.
| ||||||
4 | (e) Upon receipt of notification from another state that | ||||||
5 | is a member of the Nonresident Violator Compact of 1977, | ||||||
6 | stating a resident of this State failed to pay a traffic fine, | ||||||
7 | penalty, or cost imposed for a violation that occurs in | ||||||
8 | another state, the Secretary shall make the proper notation to | ||||||
9 | the driver's license file to prohibit the renewal, reissue, or | ||||||
10 | reinstatement of the resident's driving privileges until the | ||||||
11 | fine, penalty, or cost has been paid in full. The Secretary of | ||||||
12 | State shall renew, reissue, or reinstate the driver's driving | ||||||
13 | privileges that were previously refused under this Section | ||||||
14 | upon receipt of notification from the other state that | ||||||
15 | indicates that the fine, penalty, or cost has been paid in | ||||||
16 | full. The Secretary of State shall retain the out-of-state | ||||||
17 | receipt 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 | ||||||
20 | is 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 | ||||||
23 | of alcohol or
other drug or drugs, intoxicating compound or | ||||||
24 | compounds, or a combination of
them; criminal penalties; |
| |||||||
| |||||||
1 | suspension of operating privileges. | ||||||
2 | (a) A person may not operate or be in actual physical | ||||||
3 | control 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 |
| |||||||
| |||||||
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 | ||||||
14 | Section is or has
been legally entitled to use alcohol, other | ||||||
15 | drug or drugs, any
intoxicating
compound or compounds, or any | ||||||
16 | combination of them does not constitute a
defense against a | ||||||
17 | charge of violating this Section.
| ||||||
18 | (c) Every person convicted of violating this Section or a | ||||||
19 | similar
provision of a local ordinance is guilty of a
Class A | ||||||
20 | misdemeanor, except as otherwise provided in this Section.
| ||||||
21 | (c-1) As used in this Section, "first time offender" means | ||||||
22 | any person who has not had a previous conviction or been | ||||||
23 | assigned supervision for violating this Section or a similar | ||||||
24 | provision of a local ordinance, or any person who has not had a | ||||||
25 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
26 | (c-2) For purposes of this Section, the following are |
| |||||||
| |||||||
1 | equivalent 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 | ||||||
8 | guilty 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 | ||||||
24 | guilty
of a
Class 2 felony if the offense results in the death | ||||||
25 | of a person.
A person guilty of a Class 2 felony under this | ||||||
26 | subsection (e), if sentenced
to
a term of imprisonment, shall |
| |||||||
| |||||||
1 | be sentenced to a term of not less than 3 years
and not more | ||||||
2 | than 14 years.
| ||||||
3 | (e-1) Every person convicted of violating this Section or | ||||||
4 | a similar
provision of a local ordinance who had a child under | ||||||
5 | the age of 16 on board the
snowmobile at the time of offense | ||||||
6 | shall be subject to a mandatory minimum fine
of $500 and shall | ||||||
7 | be subject to a mandatory minimum of 5 days of community
| ||||||
8 | service in a program benefiting children. The assignment under | ||||||
9 | this subsection
shall not be subject to suspension nor shall | ||||||
10 | the person be eligible for
probation in order to reduce the | ||||||
11 | assignment.
| ||||||
12 | (e-2) Every person found guilty of violating this Section, | ||||||
13 | whose operation
of
a snowmobile while in violation of this | ||||||
14 | Section proximately caused any incident
resulting in an | ||||||
15 | appropriate emergency response, shall be liable for the | ||||||
16 | expense
of an emergency response as provided in subsection (i) | ||||||
17 | of Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
18 | (e-3) In addition to any other penalties and liabilities, | ||||||
19 | a person who is
found guilty of violating this Section, | ||||||
20 | including any person placed on court
supervision, shall be | ||||||
21 | fined $100, payable to the circuit clerk, who shall
distribute | ||||||
22 | the money to the law enforcement agency that made the arrest or | ||||||
23 | as provided in subsection (c) of Section 10-5 of the Criminal | ||||||
24 | and Traffic Assessment Act if the arresting agency is a State | ||||||
25 | agency, unless more than one agency is responsible for the | ||||||
26 | arrest, in which case the amount shall be remitted to each unit |
| |||||||
| |||||||
1 | of government equally. Any moneys received by a law | ||||||
2 | enforcement agency under
this subsection (e-3) shall be used | ||||||
3 | to purchase law enforcement equipment or to
provide law | ||||||
4 | enforcement training that will assist in the prevention of | ||||||
5 | alcohol
related criminal violence throughout the State. Law | ||||||
6 | enforcement equipment shall
include, but is not limited to, | ||||||
7 | in-car video cameras, radar and laser speed
detection devices, | ||||||
8 | and alcohol breath testers.
| ||||||
9 | (f) In addition to any criminal penalties imposed, the
| ||||||
10 | Department of Natural Resources shall suspend the
snowmobile | ||||||
11 | operation privileges of
a person convicted or found guilty of | ||||||
12 | a misdemeanor under this
Section for a period of one
year, | ||||||
13 | except that first-time offenders are exempt from
this | ||||||
14 | mandatory one-year suspension.
| ||||||
15 | (g) In addition to any criminal penalties imposed, the | ||||||
16 | Department of Natural
Resources shall suspend for a period of | ||||||
17 | 5 years the snowmobile operation
privileges of any person | ||||||
18 | convicted 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; | ||||||
20 | 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.) | ||||||
21 | Section 1-190. The Clerks of Courts Act is amended by | ||||||
22 | changing 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 |
| |||||||
| |||||||
1 | fines, penalties,
or costs
by certified check, credit card,
or | ||||||
2 | debit card
approved by the clerk from an offender who has been
| ||||||
3 | convicted of or placed on court supervision for a traffic
| ||||||
4 | offense, petty offense, ordinance offense, or misdemeanor or | ||||||
5 | who has been
convicted of a felony offense. The clerk of the | ||||||
6 | circuit court shall accept
credit card payments over the | ||||||
7 | Internet for fines, penalties, court costs, or costs from
| ||||||
8 | offenders on voluntary electronic pleas of guilty in minor | ||||||
9 | traffic and
conservation offenses to satisfy the requirement | ||||||
10 | of written pleas of guilty as
provided in Illinois Supreme | ||||||
11 | Court Rule 529. The clerk of the court may also
accept
payment | ||||||
12 | of statutory fees by a credit card or debit card. The clerk of | ||||||
13 | the court may
also accept the credit card
or debit card
for the | ||||||
14 | cash deposit of bail bond fees.
| ||||||
15 | The clerk of the circuit court is authorized to enter into | ||||||
16 | contracts
with credit card
or debit card
companies approved by | ||||||
17 | the clerk and to negotiate the payment of convenience
and | ||||||
18 | administrative fees normally charged by those companies for | ||||||
19 | allowing the clerk of the circuit
court to accept their credit | ||||||
20 | cards
or debit cards
in payment as authorized herein. The | ||||||
21 | clerk of the circuit court is authorized
to enter into | ||||||
22 | contracts with third party fund guarantors, facilitators, and
| ||||||
23 | service providers under which those entities may contract | ||||||
24 | directly with
customers of
the clerk of the circuit court and | ||||||
25 | guarantee and remit the payments to the
clerk of the circuit | ||||||
26 | court. Where the
offender pays fines, penalties, or costs by |
| |||||||
| |||||||
1 | credit card or debit card or through a third party fund | ||||||
2 | guarantor, facilitator, or service
provider,
or anyone paying
| ||||||
3 | statutory fees of
the circuit court clerk or the posting of | ||||||
4 | cash bail , the clerk shall
collect a service fee of up to $5 or | ||||||
5 | the amount charged to the clerk for use of
its services by
the | ||||||
6 | credit card or debit card issuer, third party fund guarantor,
| ||||||
7 | facilitator, or service provider. This service fee shall be
in | ||||||
8 | addition to any other fines, penalties, or
costs. The clerk of | ||||||
9 | the circuit court is authorized to negotiate the
assessment of | ||||||
10 | convenience and administrative fees by the third party fund
| ||||||
11 | guarantors, facilitators, and service providers with the | ||||||
12 | revenue earned by the
clerk of the circuit court to be remitted
| ||||||
13 | to the
county general revenue fund.
| ||||||
14 | As used in this Section, "certified check" has the meaning
| ||||||
15 | provided 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 | ||||||
18 | Section 9 as follows:
| ||||||
19 | (705 ILCS 205/9) (from Ch. 13, par. 9)
| ||||||
20 | Sec. 9.
All attorneys and counselors at law, judges, | ||||||
21 | clerks and sheriffs,
and all other officers of the several | ||||||
22 | courts within this state, shall be
liable to be arrested and | ||||||
23 | held to terms of pretrial release bail , and shall be subject to | ||||||
24 | the same
legal process, and may in all respects be prosecuted |
| |||||||
| |||||||
1 | and proceeded against
in the same courts and in the same manner | ||||||
2 | as other persons are, any law,
usage or custom to the contrary | ||||||
3 | notwithstanding: Provided, nevertheless,
said judges, | ||||||
4 | counselors or attorneys, clerks, sheriffs and other officers
| ||||||
5 | of said courts, shall be privileged from arrest while | ||||||
6 | attending courts, and
whilst going to and returning from | ||||||
7 | court.
| ||||||
8 | (Source: R.S. 1874, p. 169 ; 101-652.)
| ||||||
9 | Section 1-200. The Juvenile Court Act of 1987 is amended | ||||||
10 | by 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 | ||||||
13 | municipal ordinance violation records.
| ||||||
14 | (A) All juvenile law enforcement records which have not | ||||||
15 | been expunged are confidential and may never be disclosed to | ||||||
16 | the general public or otherwise made widely available. | ||||||
17 | Juvenile law enforcement records may be obtained only under | ||||||
18 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
19 | Act, when their use is needed for good cause and with an order | ||||||
20 | from the juvenile court, as required by those not authorized | ||||||
21 | to retain them. Inspection, copying, and disclosure of | ||||||
22 | juvenile law enforcement records maintained by law
enforcement | ||||||
23 | agencies or records of municipal ordinance violations | ||||||
24 | maintained by any State, local, or municipal agency that |
| |||||||
| |||||||
1 | relate to a minor who has been investigated, arrested, or | ||||||
2 | taken
into custody before his or her 18th birthday shall be | ||||||
3 | restricted 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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
24 | enforcement
officer or other person or agency may knowingly | ||||||
25 | transmit to the Department of
Corrections, the Illinois State | ||||||
26 | Police, or the Federal
Bureau of Investigation any fingerprint |
| |||||||
| |||||||
1 | or photograph relating to a minor who
has been arrested or | ||||||
2 | taken into custody before his or her 18th birthday,
unless the | ||||||
3 | court in proceedings under this Act authorizes the | ||||||
4 | transmission or
enters an order under Section 5-805 permitting | ||||||
5 | or requiring the
institution of
criminal proceedings.
| ||||||
6 | (2) Law enforcement officers or other persons or agencies | ||||||
7 | shall transmit
to the Illinois State Police copies of | ||||||
8 | fingerprints and descriptions
of all minors who have been | ||||||
9 | arrested or taken into custody before their
18th birthday for | ||||||
10 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
12 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
13 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
14 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
15 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
16 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
17 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
18 | Identification Act. Information reported to the Department | ||||||
19 | pursuant
to this Section may be maintained with records that | ||||||
20 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
21 | Identification Act. Nothing in this
Act prohibits a law | ||||||
22 | enforcement agency from fingerprinting a minor taken into
| ||||||
23 | custody or arrested before his or her 18th birthday for an | ||||||
24 | offense other than
those listed in this paragraph (2).
| ||||||
25 | (C) The records of law enforcement officers, or of an | ||||||
26 | independent agency created by ordinance and charged by a unit |
| |||||||
| |||||||
1 | of local government with the duty of investigating the conduct | ||||||
2 | of law enforcement officers, concerning all minors under
18 | ||||||
3 | years of age must be maintained separate from the records of | ||||||
4 | arrests and
may not be open to public inspection or their | ||||||
5 | contents disclosed to the
public. For purposes of obtaining | ||||||
6 | documents under this Section, a civil subpoena is not an order | ||||||
7 | of 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, |
| |||||||
| |||||||
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 | ||||||
5 | shall prohibit
the inspection or disclosure to victims and | ||||||
6 | witnesses of photographs
contained in the records of law | ||||||
7 | enforcement agencies when the
inspection and disclosure is | ||||||
8 | conducted in the presence of a law enforcement
officer for the | ||||||
9 | purpose of the identification or apprehension of any person
| ||||||
10 | subject to the provisions of this Act or for the investigation | ||||||
11 | or
prosecution of any crime.
| ||||||
12 | (E) Law enforcement officers, and personnel of an | ||||||
13 | independent agency created by ordinance and charged by a unit | ||||||
14 | of local government with the duty of investigating the conduct | ||||||
15 | of law enforcement officers, may not disclose the identity of | ||||||
16 | any minor
in releasing information to the general public as to | ||||||
17 | the arrest, investigation
or disposition of any case involving | ||||||
18 | a minor.
| ||||||
19 | (F) Nothing contained in this Section shall prohibit law | ||||||
20 | enforcement
agencies from communicating with each other by | ||||||
21 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
22 | or other means the identity or other relevant
information | ||||||
23 | pertaining to a person under 18 years of age if there are
| ||||||
24 | reasonable grounds to believe that the person poses a real and | ||||||
25 | present danger
to the safety of the public or law enforcement | ||||||
26 | officers. The information
provided under this subsection (F) |
| |||||||
| |||||||
1 | shall remain confidential and shall not
be publicly disclosed, | ||||||
2 | except as otherwise allowed by law.
| ||||||
3 | (G) Nothing in this Section shall prohibit the right of a | ||||||
4 | Civil Service
Commission or appointing authority of any | ||||||
5 | federal government, state, county or municipality
examining | ||||||
6 | the character and fitness of an applicant for employment with | ||||||
7 | a law
enforcement agency, correctional institution, or fire | ||||||
8 | department
from obtaining and examining the
records of any law | ||||||
9 | enforcement agency relating to any record of the applicant
| ||||||
10 | having been arrested or taken into custody before the | ||||||
11 | applicant's 18th
birthday.
| ||||||
12 | (G-5) Information identifying victims and alleged victims | ||||||
13 | of sex offenses shall not be disclosed or open to the public | ||||||
14 | under any circumstances. Nothing in this Section shall | ||||||
15 | prohibit the victim or alleged victim of any sex offense from | ||||||
16 | voluntarily disclosing his or her own identity. | ||||||
17 | (H) The changes made to this Section by Public Act 98-61 | ||||||
18 | apply to law enforcement records of a minor who has been | ||||||
19 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
20 | effective date of Public Act 98-61). | ||||||
21 | (H-5) Nothing in this Section shall require any court or | ||||||
22 | adjudicative proceeding for traffic, boating, fish and game | ||||||
23 | law, or municipal and county ordinance violations to be closed | ||||||
24 | to the public. | ||||||
25 | (I) Willful violation of this Section is a Class C | ||||||
26 | misdemeanor and each violation is subject to a fine of $1,000. |
| |||||||
| |||||||
1 | This subsection (I) shall not apply to the person who is the | ||||||
2 | subject of the record. | ||||||
3 | (J) A person convicted of violating this Section is liable | ||||||
4 | for damages in the amount of $1,000 or actual damages, | ||||||
5 | whichever is greater. | ||||||
6 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
7 | 102-752, 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 | ||||||
10 | court records.
| ||||||
11 | (A) A juvenile adjudication shall never be considered a | ||||||
12 | conviction nor shall an adjudicated individual be considered a | ||||||
13 | criminal. Unless expressly allowed by law, a juvenile | ||||||
14 | adjudication shall not operate to impose upon the individual | ||||||
15 | any of the civil disabilities ordinarily imposed by or | ||||||
16 | resulting from conviction. Unless expressly allowed by law, | ||||||
17 | adjudications shall not prejudice or disqualify the individual | ||||||
18 | in any civil service application or appointment, from holding | ||||||
19 | public office, or from receiving any license granted by public | ||||||
20 | authority. All juvenile court records which have not been | ||||||
21 | expunged are sealed and may never be disclosed to the general | ||||||
22 | public or otherwise made widely available. Sealed juvenile | ||||||
23 | court records may be obtained only under this Section and | ||||||
24 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
25 | is needed for good cause and with an order from the juvenile |
| |||||||
| |||||||
1 | court. Inspection and copying of juvenile court records | ||||||
2 | relating to a minor
who is the subject of a proceeding under | ||||||
3 | this 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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
18 | proceedings occurring under Article II of this Act shall be | ||||||
19 | disclosed, in a manner and form approved by the Presiding | ||||||
20 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
21 | and Family Services when necessary to discharge the duties of | ||||||
22 | the Department of Healthcare and Family Services under Article | ||||||
23 | X of the Illinois Public Aid Code. | ||||||
24 | (B) A minor who is the victim in a juvenile proceeding | ||||||
25 | shall be
provided the same confidentiality regarding | ||||||
26 | disclosure of identity as the
minor who is the subject of |
| |||||||
| |||||||
1 | record.
| ||||||
2 | (C)(0.1) In cases where the records concern a pending | ||||||
3 | juvenile court case, the requesting party seeking to inspect | ||||||
4 | the juvenile court records shall provide actual notice to the | ||||||
5 | attorney or guardian ad litem of the minor whose records are | ||||||
6 | sought. | ||||||
7 | (0.2) In cases where the juvenile court records concern a | ||||||
8 | juvenile court case that is no longer pending, the requesting | ||||||
9 | party seeking to inspect the juvenile court records shall | ||||||
10 | provide actual notice to the minor or the minor's parent or | ||||||
11 | legal guardian, and the matter shall be referred to the chief | ||||||
12 | judge presiding over matters pursuant to this Act. | ||||||
13 | (0.3) In determining whether juvenile court records should | ||||||
14 | be made available for inspection and whether inspection should | ||||||
15 | be limited to certain parts of the file, the court shall | ||||||
16 | consider the minor's interest in confidentiality and | ||||||
17 | rehabilitation over the requesting party's interest in | ||||||
18 | obtaining the information. The State's Attorney, the minor, | ||||||
19 | and the minor's parents, guardian, and counsel shall at all | ||||||
20 | times have the right to examine court files and records. | ||||||
21 | (0.4) Any records obtained in violation of this Section | ||||||
22 | shall not be admissible in any criminal or civil proceeding, | ||||||
23 | or operate to disqualify a minor from subsequently holding | ||||||
24 | public office, or operate as a forfeiture of any public | ||||||
25 | benefit, right, privilege, or right to receive any license | ||||||
26 | granted by public authority.
|
| |||||||
| |||||||
1 | (D) Pending or following any adjudication of delinquency | ||||||
2 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
3 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
5 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
6 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
7 | juvenile who is the subject of the adjudication, | ||||||
8 | notwithstanding any other
provision of this Act, shall be | ||||||
9 | treated
as an adult for the purpose of affording such rights to | ||||||
10 | the victim.
| ||||||
11 | (E) Nothing in this Section shall affect the right of a | ||||||
12 | Civil Service
Commission or appointing authority of the | ||||||
13 | federal government, or any state, county, or municipality
| ||||||
14 | examining the character and fitness of
an applicant for | ||||||
15 | employment with a law enforcement
agency, correctional | ||||||
16 | institution, or fire department to
ascertain
whether that | ||||||
17 | applicant was ever adjudicated to be a delinquent minor and,
| ||||||
18 | if so, to examine the records of disposition or evidence which | ||||||
19 | were made in
proceedings under this Act.
| ||||||
20 | (F) Following any adjudication of delinquency for a crime | ||||||
21 | which would be
a felony if committed by an adult, or following | ||||||
22 | any adjudication of delinquency
for a violation of Section | ||||||
23 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
25 | whether the minor respondent is enrolled in school and, if so, | ||||||
26 | shall provide
a copy of the dispositional order to the |
| |||||||
| |||||||
1 | principal or chief administrative
officer of the school. | ||||||
2 | Access to the dispositional order shall be limited
to the | ||||||
3 | principal or chief administrative officer of the school and | ||||||
4 | any school
counselor designated by him or her.
| ||||||
5 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
6 | disclosure of information or records relating or pertaining to | ||||||
7 | juveniles
subject to the provisions of the Serious Habitual | ||||||
8 | Offender Comprehensive
Action Program when that information is | ||||||
9 | used to assist in the early
identification and treatment of | ||||||
10 | habitual juvenile offenders.
| ||||||
11 | (H) When a court hearing a proceeding under Article II of | ||||||
12 | this Act becomes
aware that an earlier proceeding under | ||||||
13 | Article II had been heard in a different
county, that court | ||||||
14 | shall request, and the court in which the earlier
proceedings | ||||||
15 | were initiated shall transmit, an authenticated copy of the | ||||||
16 | juvenile court
record, including all documents, petitions, and | ||||||
17 | orders filed and the
minute orders, transcript of proceedings, | ||||||
18 | and docket entries of the court.
| ||||||
19 | (I) The Clerk of the Circuit Court shall report to the | ||||||
20 | Illinois
State
Police, in the form and manner required by the | ||||||
21 | Illinois State Police, the
final disposition of each minor who | ||||||
22 | has been arrested or taken into custody
before his or her 18th | ||||||
23 | birthday for those offenses required to be reported
under | ||||||
24 | Section 5 of the Criminal Identification Act. Information | ||||||
25 | reported to
the Department under this Section may be | ||||||
26 | maintained with records that the
Department files under |
| |||||||
| |||||||
1 | Section 2.1 of the Criminal Identification Act.
| ||||||
2 | (J) The changes made to this Section by Public Act 98-61 | ||||||
3 | apply to juvenile law enforcement records of a minor who has | ||||||
4 | been 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 | ||||||
7 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
8 | This subsection (K) shall not apply to the person who is the | ||||||
9 | subject of the record. | ||||||
10 | (L) A person convicted of violating this Section is liable | ||||||
11 | for damages in the amount of $1,000 or actual damages, | ||||||
12 | whichever is greater. | ||||||
13 | (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21; | ||||||
14 | 102-538, 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 | ||||||
17 | other
proceedings.
| ||||||
18 | (1) Evidence and adjudications in proceedings under this | ||||||
19 | Act 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
|
| |||||||
| |||||||
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 | ||||||
11 | operate to
disqualify a minor from subsequently holding public | ||||||
12 | office nor shall
operate as a forfeiture of any right, | ||||||
13 | privilege or right to receive any
license granted by public | ||||||
14 | authority.
| ||||||
15 | (3) The court which adjudicated that a minor has committed | ||||||
16 | any offense
relating to motor vehicles prescribed in Sections | ||||||
17 | 4-102 and 4-103 of the
Illinois Vehicle Code shall notify the | ||||||
18 | Secretary of State of that adjudication
and the notice shall | ||||||
19 | constitute sufficient grounds for revoking that minor's
| ||||||
20 | driver's license or permit as provided in Section 6-205 of the | ||||||
21 | Illinois Vehicle
Code; no minor shall be considered a criminal | ||||||
22 | by reason thereof, nor shall any
such adjudication be | ||||||
23 | considered 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 |
| |||||||
| |||||||
1 | changing 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 | ||||||
5 | violates any of the provisions of
Section 26.5-1, 26.5-2, or | ||||||
6 | 26.5-3 of this Article
is guilty of a Class B misdemeanor.
| ||||||
7 | Except as provided
in subsection (b), a second or subsequent
| ||||||
8 | violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article | ||||||
9 | is a Class A
misdemeanor, for which the
court
shall impose a | ||||||
10 | minimum of 14 days in
jail or, if public or
community service | ||||||
11 | is established in the county in which the offender was
| ||||||
12 | convicted, 240 hours of public or community service. | ||||||
13 | (b) In any of the following circumstances, a person who | ||||||
14 | violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||||||
15 | shall 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 |
| |||||||
| |||||||
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 | ||||||
19 | Article to submit to a psychiatric examination.
| ||||||
20 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
21 | 101-652.)
| ||||||
22 | (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
| ||||||
23 | Sec. 31-1. Resisting or obstructing a peace officer, | ||||||
24 | firefighter, or correctional
institution employee. | ||||||
25 | (a) A person who knowingly: |
| |||||||
| |||||||
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 | ||||||
7 | imposed, a court
shall
order any person convicted of resisting | ||||||
8 | or obstructing a peace officer, firefighter, or correctional
| ||||||
9 | institution employee to be
sentenced to a minimum of 48 | ||||||
10 | consecutive hours of imprisonment or
ordered to perform | ||||||
11 | community service for not less than 100 hours as
may be | ||||||
12 | determined by the court. The person shall not be eligible for | ||||||
13 | probation
in order to reduce the sentence of imprisonment or | ||||||
14 | community service.
| ||||||
15 | (a-7) A person convicted for a violation of this Section | ||||||
16 | whose violation was
the proximate cause of an injury to a peace | ||||||
17 | officer, firefighter, or correctional
institution employee is | ||||||
18 | guilty of a Class 4
felony.
| ||||||
19 | (b) For purposes of this Section, "correctional | ||||||
20 | institution employee"
means
any person employed to supervise | ||||||
21 | and control inmates incarcerated in a
penitentiary, State | ||||||
22 | farm, reformatory, prison, jail, house of correction,
police | ||||||
23 | detention area, half-way house, or other institution or place | ||||||
24 | for the
incarceration or custody of persons under sentence for | ||||||
25 | offenses or awaiting
trial or sentence for offenses, under | ||||||
26 | arrest for an offense, a violation of
probation, a violation |
| |||||||
| |||||||
1 | of parole, a violation of aftercare release, a violation of | ||||||
2 | mandatory supervised
release, or awaiting a bail setting | ||||||
3 | hearing or preliminary hearing on setting the conditions of | ||||||
4 | pretrial release , or who
are
sexually dangerous persons or who | ||||||
5 | are sexually violent persons; and "firefighter" means any | ||||||
6 | individual, either as an employee or volunteer, of a regularly
| ||||||
7 | constituted fire department of a municipality or fire | ||||||
8 | protection district who
performs fire fighting duties, | ||||||
9 | including, but not limited to, the fire chief, assistant fire
| ||||||
10 | chief, captain, engineer, driver, ladder person, hose person, | ||||||
11 | pipe person, and any
other member of a regularly constituted | ||||||
12 | fire department. "Firefighter" also means a person employed by | ||||||
13 | the Office of the State Fire Marshal to conduct arson | ||||||
14 | investigations.
| ||||||
15 | (c) It is an affirmative defense to a violation of this | ||||||
16 | Section if a person resists or obstructs the performance of | ||||||
17 | one known by the person to be a firefighter by returning to or | ||||||
18 | remaining in a dwelling, residence, building, or other | ||||||
19 | structure to rescue or to attempt to rescue any person. | ||||||
20 | (d) A person shall not be subject to arrest for resisting | ||||||
21 | arrest under this Section unless there is an underlying | ||||||
22 | offense 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 |
| |||||||
| |||||||
1 | Article: | ||||||
2 | "Deliver" or "delivery" means the actual, constructive or | ||||||
3 | attempted
transfer of possession of an item of contraband, | ||||||
4 | with or without consideration,
whether or not there is an | ||||||
5 | agency relationship. | ||||||
6 | "Employee" means any elected or appointed officer, trustee | ||||||
7 | or
employee of a penal institution or of the governing | ||||||
8 | authority of the penal
institution, or any person who performs | ||||||
9 | services for the penal institution
pursuant to contract with | ||||||
10 | the 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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,
| ||||||
18 | reformatory, prison, jail, house of correction, police | ||||||
19 | detention area,
half-way house or other institution or place | ||||||
20 | for the incarceration or
custody of persons under sentence for | ||||||
21 | offenses awaiting trial or sentence
for offenses, under arrest | ||||||
22 | for an offense, a violation of probation, a
violation of | ||||||
23 | parole, a violation of aftercare release, or a violation of | ||||||
24 | mandatory supervised release, or
awaiting a bail setting | ||||||
25 | hearing on the setting of conditions of pretrial release or | ||||||
26 | preliminary hearing; provided that where
the place for |
| |||||||
| |||||||
1 | incarceration or custody is housed within another public
| ||||||
2 | building this Article shall not apply to that part of the | ||||||
3 | building unrelated
to the incarceration or custody of persons.
| ||||||
4 | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14; | ||||||
5 | 101-652.)
| ||||||
6 | (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
| ||||||
7 | Sec. 32-10. Violation of conditions of pretrial release | ||||||
8 | bail bond .
| ||||||
9 | (a) Whoever, having been admitted to bail for appearance | ||||||
10 | before any
court of
this State, incurs a forfeiture of the bail | ||||||
11 | and knowingly fails to surrender
himself or herself within 30 | ||||||
12 | days following the date of the forfeiture, commits, if
the | ||||||
13 | bail was given in connection with a charge of felony or pending | ||||||
14 | appeal
or certiorari after conviction of any offense, a felony | ||||||
15 | of the next lower
Class or a Class A misdemeanor if the | ||||||
16 | underlying offense was a Class 4 felony;
or, if the bail was | ||||||
17 | given in connection with a charge
of committing a misdemeanor, | ||||||
18 | or for appearance as a witness, commits a misdemeanor of the | ||||||
19 | next lower Class, but not less than a Class C misdemeanor. | ||||||
20 | (Blank).
| ||||||
21 | (a-5) Any person who knowingly violates a condition of | ||||||
22 | pretrial release bail bond by possessing a
firearm in | ||||||
23 | violation of his or her conditions of pretrial release bail | ||||||
24 | commits a Class 4 felony
for a first violation and a Class 3 | ||||||
25 | felony for a second or subsequent violation.
|
| |||||||
| |||||||
1 | (b) Whoever, having been released pretrial under | ||||||
2 | conditions admitted to bail for appearance before
any court
of | ||||||
3 | this State, while charged with a criminal offense in which the | ||||||
4 | victim is a
family or household member as defined in Article | ||||||
5 | 112A of the Code of Criminal
Procedure of 1963, knowingly | ||||||
6 | violates a condition of that release as set forth
in Section | ||||||
7 | 110-10, subsection (d) of the Code of Criminal Procedure of | ||||||
8 | 1963,
commits a Class A misdemeanor.
| ||||||
9 | (c) Whoever, having been admitted to bail released | ||||||
10 | pretrial for appearance before
any court
of this State for a | ||||||
11 | felony, Class A misdemeanor or a
criminal offense in which the | ||||||
12 | victim is a family
or household member as defined in Article | ||||||
13 | 112A of the Code of Criminal
Procedure of 1963, is charged with | ||||||
14 | any other
felony, Class A misdemeanor,
or a
criminal offense | ||||||
15 | in which the victim is a family or household
member as
defined | ||||||
16 | in Article 112A of the Code of Criminal Procedure of 1963 while | ||||||
17 | on
this
release, must appear before the court before
bail is | ||||||
18 | statutorily set and may not be released by law enforcement | ||||||
19 | under 109-1 of the Code of Criminal Procedure of 1963 prior to | ||||||
20 | the court appearance .
| ||||||
21 | (d) Nothing in this Section shall interfere with or
| ||||||
22 | prevent the exercise
by
any court of its power to punish for | ||||||
23 | contempt.
Any sentence imposed for violation of this Section | ||||||
24 | shall may be served
consecutive to the sentence imposed for | ||||||
25 | the charge for which bail pretrial release had been
granted | ||||||
26 | and with respect to which the defendant has been convicted.
|
| |||||||
| |||||||
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 | ||||||
3 | changing 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 | ||||||
7 | directed
to assist him, need not retreat or desist from | ||||||
8 | efforts to make a lawful
arrest because of resistance or | ||||||
9 | threatened resistance to the arrest. He
is justified in the | ||||||
10 | use of any force which he reasonably believes , based on the | ||||||
11 | totality of the circumstances, to be
necessary to effect the | ||||||
12 | arrest and of any force which he reasonably
believes , based on | ||||||
13 | the totality of the circumstances, to be necessary to defend | ||||||
14 | himself or another from bodily harm
while making the arrest. | ||||||
15 | However, he is justified in using force likely
to cause death | ||||||
16 | or great bodily harm only when: (i) he reasonably believes , | ||||||
17 | based on the totality of the circumstances,
that such force is | ||||||
18 | necessary to prevent death or great bodily harm to
himself or | ||||||
19 | such other person; or (ii) when he reasonably believes , based | ||||||
20 | on 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
|
| |||||||
| |||||||
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 | ||||||
8 | tactical
repositioning or other de-escalation tactics. | ||||||
9 | A peace officer is not justified in using force likely to | ||||||
10 | cause death or great bodily harm when there is no longer an | ||||||
11 | imminent threat of great bodily harm to the officer or | ||||||
12 | another. | ||||||
13 | (a-5) Where feasible, a peace officer shall, prior to the | ||||||
14 | use of force, make reasonable efforts to identify himself or | ||||||
15 | herself as a peace
officer and to warn that deadly force may be | ||||||
16 | used. | ||||||
17 | (a-10) A peace officer shall not use deadly force against | ||||||
18 | a person based on the danger that the person poses to himself | ||||||
19 | or herself if
an reasonable officer would believe the person | ||||||
20 | does not pose an imminent threat of death or great bodily harm | ||||||
21 | to the peace officer or to another person. | ||||||
22 | (a-15) A peace officer shall not use deadly force against | ||||||
23 | a person who is suspected of committing a property offense, | ||||||
24 | unless that offense is terrorism or unless deadly force is | ||||||
25 | otherwise authorized by law. | ||||||
26 | (b) A peace officer making an arrest pursuant to an |
| |||||||
| |||||||
1 | invalid warrant
is justified in the use of any force which he | ||||||
2 | would be justified in
using if the warrant were valid, unless | ||||||
3 | he knows that the warrant is
invalid.
| ||||||
4 | (c) The authority to use physical force conferred on peace | ||||||
5 | officers by this Article is a serious responsibility that | ||||||
6 | shall be exercised judiciously and with respect for human | ||||||
7 | rights and dignity and for the sanctity of every human life. | ||||||
8 | (d) Peace officers shall use deadly force only when | ||||||
9 | reasonably necessary in defense of human life. In determining | ||||||
10 | whether deadly force is reasonably necessary, officers shall | ||||||
11 | evaluate each situation in light of the totality of | ||||||
12 | circumstances of each case including but not limited to the | ||||||
13 | proximity in time of the use of force to the commission of a | ||||||
14 | forcible felony, and the reasonable feasibility of safely | ||||||
15 | apprehending a subject at a later time, and shall use other | ||||||
16 | available resources and techniques, if reasonably safe and | ||||||
17 | feasible to a reasonable officer. | ||||||
18 | (e) The decision by a peace officer to use force shall be | ||||||
19 | evaluated carefully and thoroughly, in a manner that reflects | ||||||
20 | the gravity of that authority and the serious consequences of | ||||||
21 | the use of force by peace officers, in order to ensure that | ||||||
22 | officers use force consistent with law and agency policies. | ||||||
23 | (f) The decision by a peace officer to use force shall be | ||||||
24 | evaluated from the perspective of a reasonable officer in the | ||||||
25 | same situation, based on the totality of the circumstances | ||||||
26 | known to or perceived by the officer at the time of the |
| |||||||
| |||||||
1 | decision, rather than with the benefit of hindsight, and that | ||||||
2 | the totality of the circumstances shall account for occasions | ||||||
3 | when officers may be forced to make quick judgments about | ||||||
4 | using force. | ||||||
5 | (g) Law enforcement agencies are encouraged to adopt and | ||||||
6 | develop policies designed to protect individuals with | ||||||
7 | physical, mental health, developmental, or intellectual | ||||||
8 | disabilities, or individuals who are significantly more likely | ||||||
9 | to experience greater levels of physical force during police | ||||||
10 | interactions, as these disabilities may affect the ability of | ||||||
11 | a person to understand or comply with commands from peace | ||||||
12 | officers. | ||||||
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. |
| |||||||
| |||||||
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; | ||||||
7 | revised 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 | ||||||
11 | color of law, shall not use a chokehold or restraint above the | ||||||
12 | shoulders with risk of asphyxiation in the performance of his | ||||||
13 | or her duties, unless deadly force is justified under this | ||||||
14 | Article 7 of this Code . | ||||||
15 | (b) A peace officer , or any other person acting under the | ||||||
16 | color of law, shall not use a chokehold or restraint above the | ||||||
17 | shoulders with risk of asphyxiation , or any lesser contact | ||||||
18 | with the throat or neck area of another, in order to prevent | ||||||
19 | the destruction of evidence by ingestion. | ||||||
20 | (c)
As used in this Section, "chokehold" means applying | ||||||
21 | any direct pressure to the throat, windpipe, or airway of | ||||||
22 | another with the intent to reduce or prevent the intake of air . | ||||||
23 | "Chokehold" does not include any holding involving contact | ||||||
24 | with the neck that is not intended to reduce the intake of air | ||||||
25 | such as a headlock where the only pressure applied is to the |
| |||||||
| |||||||
1 | head.
| ||||||
2 | (d) As used in this Section, "restraint above the | ||||||
3 | shoulders with risk of positional asphyxiation" means a use of | ||||||
4 | a technique used to restrain a person above the shoulders, | ||||||
5 | including the neck or head, in a position which interferes | ||||||
6 | with the person's ability to breathe after the person no | ||||||
7 | longer poses a threat to the officer or any other person. | ||||||
8 | (e) A peace officer, or any other person acting under the | ||||||
9 | color 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 |
| |||||||
| |||||||
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; | ||||||
9 | revised 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 | ||||||
13 | person in his
custody is justified in the use of such force , | ||||||
14 | except deadly force, to prevent the escape of the
arrested | ||||||
15 | person from custody as he would be justified in using if he | ||||||
16 | were
arresting such person.
| ||||||
17 | (b) A guard or other peace officer is justified in the use | ||||||
18 | of force ,
including force likely to cause death or great | ||||||
19 | bodily harm, which he
reasonably believes to be necessary to | ||||||
20 | prevent the escape from a penal
institution of a person whom | ||||||
21 | the officer reasonably believes to be lawfully
detained in | ||||||
22 | such institution under sentence for an offense or awaiting
| ||||||
23 | trial or commitment for an offense.
| ||||||
24 | (c) Deadly force shall not be used to prevent escape under | ||||||
25 | this Section unless, based on the totality of the |
| |||||||
| |||||||
1 | circumstances, deadly force is necessary to prevent death or | ||||||
2 | great 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; | ||||||
6 | exceptions; separate
hearings; proof; findings; appellate | ||||||
7 | procedures; reversals.
| ||||||
8 | (a) A person who kills an individual without lawful | ||||||
9 | justification commits
first degree murder if, in performing | ||||||
10 | the 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 | ||||||
25 | the
commission of the offense has attained the age of 18 or |
| |||||||
| |||||||
1 | more and who has
been found guilty of first degree murder may | ||||||
2 | be 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
20 | defendant who has been found guilty of first degree murder and | ||||||
21 | who at the time of the commission of the offense had attained | ||||||
22 | the age of 18 years or more may be sentenced to natural life | ||||||
23 | imprisonment if
(i) the murdered individual was a physician, | ||||||
24 | physician assistant, psychologist, nurse, or advanced practice | ||||||
25 | registered nurse, (ii) the defendant knew or should have
known | ||||||
26 | that the murdered individual was a physician, physician |
| |||||||
| |||||||
1 | assistant, psychologist, nurse, or advanced practice | ||||||
2 | registered nurse, and (iii) the murdered individual was killed | ||||||
3 | in the course of acting in his or her capacity as a physician, | ||||||
4 | physician assistant, psychologist, nurse, or advanced practice | ||||||
5 | registered nurse, or to prevent him or her from acting in that | ||||||
6 | capacity, or in retaliation
for his or her acting in that | ||||||
7 | capacity. | ||||||
8 | (c) Consideration of factors in Aggravation and | ||||||
9 | Mitigation.
| ||||||
10 | The court shall consider, or shall instruct the jury to | ||||||
11 | consider any
aggravating and any mitigating factors which are | ||||||
12 | relevant to the
imposition of the death penalty. Aggravating | ||||||
13 | factors may include but
need not be limited to those factors | ||||||
14 | set forth in subsection (b).
Mitigating factors may include | ||||||
15 | but 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 |
| |||||||
| |||||||
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 | ||||||
9 | mitigate first degree murder cannot qualify as a mitigating | ||||||
10 | factor for first degree murder because of the discovery, | ||||||
11 | knowledge, or disclosure of the victim's sexual orientation as | ||||||
12 | defined 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 | ||||||
15 | separate
sentencing proceeding to determine the existence of | ||||||
16 | factors set forth in
subsection (b) and to consider any | ||||||
17 | aggravating 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
|
| |||||||
| |||||||
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 | ||||||
7 | the factors
set forth in subsection (b) may be presented by | ||||||
8 | either the State or the
defendant under the rules governing | ||||||
9 | the admission of evidence at
criminal trials. Any information | ||||||
10 | relevant to any additional aggravating
factors or any | ||||||
11 | mitigating factors indicated in subsection (c) may be
| ||||||
12 | presented by the State or defendant regardless of its | ||||||
13 | admissibility
under the rules governing the admission of | ||||||
14 | evidence at criminal trials.
The State and the defendant shall | ||||||
15 | be given fair opportunity to rebut any
information received at | ||||||
16 | the hearing.
| ||||||
17 | (f) Proof.
| ||||||
18 | The burden of proof of establishing the existence of any | ||||||
19 | of the
factors set forth in subsection (b) is on the State and | ||||||
20 | shall not be
satisfied unless established beyond a reasonable | ||||||
21 | doubt.
| ||||||
22 | (g) Procedure - Jury.
| ||||||
23 | If at the separate sentencing proceeding the jury finds | ||||||
24 | that none of
the factors set forth in subsection (b) exists, | ||||||
25 | the court shall sentence
the defendant to a term of | ||||||
26 | imprisonment under Chapter V of the Unified
Code of |
| |||||||
| |||||||
1 | Corrections. If there is a unanimous finding by the jury that
| ||||||
2 | one or more of the factors set forth in subsection (b) exist, | ||||||
3 | the jury
shall consider aggravating and mitigating factors as | ||||||
4 | instructed by the
court and shall determine whether the | ||||||
5 | sentence of death shall be
imposed. If the jury determines | ||||||
6 | unanimously, after weighing the factors in
aggravation and | ||||||
7 | mitigation, that death is the appropriate sentence, the court | ||||||
8 | shall sentence the defendant to death.
If the court does not | ||||||
9 | concur with the jury determination that death is the
| ||||||
10 | appropriate sentence, the court shall set forth reasons in | ||||||
11 | writing
including what facts or circumstances the court relied | ||||||
12 | upon,
along with any relevant
documents, that compelled the | ||||||
13 | court to non-concur with the sentence. This
document and any | ||||||
14 | attachments shall be part of the record for appellate
review. | ||||||
15 | The court shall be bound by the jury's sentencing | ||||||
16 | determination.
| ||||||
17 | If after weighing the factors in aggravation and | ||||||
18 | mitigation, one or more
jurors determines that death is not | ||||||
19 | the appropriate sentence,
the
court shall sentence the | ||||||
20 | defendant to a term of imprisonment under
Chapter V of the | ||||||
21 | Unified Code of Corrections.
| ||||||
22 | (h) Procedure - No Jury.
| ||||||
23 | In a proceeding before the court alone, if the court finds | ||||||
24 | that none
of the factors found in subsection (b) exists, the | ||||||
25 | court shall sentence
the defendant to a term of imprisonment | ||||||
26 | under Chapter V of the Unified
Code of Corrections.
|
| |||||||
| |||||||
1 | If the Court determines that one or more of the factors set | ||||||
2 | forth in
subsection (b) exists, the Court shall consider any | ||||||
3 | aggravating and
mitigating factors as indicated in subsection | ||||||
4 | (c). If the Court
determines, after weighing the factors in | ||||||
5 | aggravation and mitigation, that
death is the appropriate | ||||||
6 | sentence, the Court shall sentence the
defendant to death.
| ||||||
7 | If
the court finds that death is not the
appropriate | ||||||
8 | sentence, the
court shall sentence the defendant to a term of | ||||||
9 | imprisonment under
Chapter V of the Unified Code of | ||||||
10 | Corrections.
| ||||||
11 | (h-5) Decertification as a capital case.
| ||||||
12 | In a case in which the defendant has been found guilty of | ||||||
13 | first degree murder
by a judge or jury, or a case on remand for | ||||||
14 | resentencing, and the State seeks
the death penalty as an | ||||||
15 | appropriate
sentence,
on the court's own motion or the written | ||||||
16 | motion of the defendant, the court
may decertify the case as a | ||||||
17 | death penalty case if the court finds that the only
evidence | ||||||
18 | supporting the defendant's conviction is the uncorroborated | ||||||
19 | testimony
of an informant witness, as defined in Section | ||||||
20 | 115-21 of the Code of Criminal
Procedure of 1963, concerning | ||||||
21 | the confession or admission of the defendant or
that the sole | ||||||
22 | evidence against the defendant is a single eyewitness or | ||||||
23 | single
accomplice without any other corroborating evidence.
If | ||||||
24 | the court decertifies the case as a capital case
under either | ||||||
25 | of the grounds set forth above, the court shall issue a
written | ||||||
26 | finding. The State may pursue its right to appeal the |
| |||||||
| |||||||
1 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
2 | the court does not
decertify the case as a capital case, the | ||||||
3 | matter shall proceed to the
eligibility phase of the | ||||||
4 | sentencing hearing.
| ||||||
5 | (i) Appellate Procedure.
| ||||||
6 | The conviction and sentence of death shall be subject to | ||||||
7 | automatic
review by the Supreme Court. Such review shall be in | ||||||
8 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
9 | Illinois Supreme Court may overturn the death sentence, and | ||||||
10 | order the
imposition of imprisonment under Chapter V of the | ||||||
11 | Unified Code of
Corrections if the court finds that the death | ||||||
12 | sentence is fundamentally
unjust as applied to the particular | ||||||
13 | case.
If the Illinois Supreme Court finds that the
death | ||||||
14 | sentence is fundamentally unjust as applied to the particular | ||||||
15 | case,
independent of any procedural grounds for relief, the | ||||||
16 | Illinois Supreme Court
shall issue a written opinion | ||||||
17 | explaining this finding.
| ||||||
18 | (j) Disposition of reversed death sentence.
| ||||||
19 | In the event that the death penalty in this Act is held to | ||||||
20 | be
unconstitutional by the Supreme Court of the United States | ||||||
21 | or of the
State of Illinois, any person convicted of first | ||||||
22 | degree murder shall be
sentenced by the court to a term of | ||||||
23 | imprisonment under Chapter V of the
Unified Code of | ||||||
24 | Corrections.
| ||||||
25 | In the event that any death sentence pursuant to the | ||||||
26 | sentencing
provisions of this Section is declared |
| |||||||
| |||||||
1 | unconstitutional by the Supreme
Court of the United States or | ||||||
2 | of the State of Illinois, the court having
jurisdiction over a | ||||||
3 | person previously sentenced to death shall cause the
defendant | ||||||
4 | to be brought before the court, and the court shall sentence
| ||||||
5 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
6 | Unified Code of Corrections.
| ||||||
7 | (k) Guidelines for seeking the death penalty.
| ||||||
8 | The Attorney General and
State's Attorneys Association | ||||||
9 | shall consult on voluntary guidelines for
procedures governing | ||||||
10 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
11 | have 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; | ||||||
13 | 100-863, 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 | ||||||
17 | agent commits misconduct
when, in his official capacity or | ||||||
18 | capacity as a special government agent, he or she commits any | ||||||
19 | of 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 |
| |||||||
| |||||||
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 | ||||||
6 | misconduct when he or she knowingly uses or communicates, | ||||||
7 | directly or indirectly, information acquired in the course of | ||||||
8 | employment, with the intent to obstruct, impede, or prevent | ||||||
9 | the investigation, apprehension, or prosecution of any | ||||||
10 | criminal offense or person. Nothing in this subsection (b) | ||||||
11 | shall be construed to impose liability for communicating to a | ||||||
12 | confidential resource, who is participating or aiding law | ||||||
13 | enforcement, in an ongoing investigation. | ||||||
14 | (c) A public officer or employee or special government | ||||||
15 | agent
convicted of violating any provision of
this Section | ||||||
16 | forfeits his or her office or employment or position as a | ||||||
17 | special government agent. In addition, he or she commits a
| ||||||
18 | Class
3 felony. | ||||||
19 | (d) For purposes of this Section : "Special , "special | ||||||
20 | government 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 | ||||||
24 | reenacting Section 32-15 as follows: |
| |||||||
| |||||||
1 | (720 ILCS 5/32-15) | ||||||
2 | Sec. 32-15. Bail bond false statement. Any person who in | ||||||
3 | any affidavit, document,
schedule or other application to | ||||||
4 | become surety or bail for another on any
bail bond or | ||||||
5 | recognizance in any civil or criminal proceeding then pending
| ||||||
6 | or about to be started against the other person, having taken a | ||||||
7 | lawful
oath or made affirmation, shall swear or affirm | ||||||
8 | wilfully, corruptly and
falsely as to the ownership or liens | ||||||
9 | or incumbrances upon or the value of
any real or personal | ||||||
10 | property alleged to be owned by the person proposed as
surety | ||||||
11 | or bail, the financial worth or standing of the person | ||||||
12 | proposed as
surety or bail, or as to the number or total | ||||||
13 | penalties of all other bonds
or recognizances signed by and | ||||||
14 | standing against the proposed surety or
bail, or any person | ||||||
15 | who, having taken a lawful oath or made affirmation,
shall | ||||||
16 | testify wilfully, corruptly and falsely as to any of said | ||||||
17 | matters for
the purpose of inducing the approval of any such | ||||||
18 | bail bond or recognizance;
or for the purpose of justifying on | ||||||
19 | any such bail bond or recognizance, or
who shall suborn any | ||||||
20 | other person to so swear, affirm or testify as
aforesaid, | ||||||
21 | shall be deemed and adjudged guilty of perjury or subornation | ||||||
22 | of
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.) |
| |||||||
| |||||||
1 | (720 ILCS 5/33-9 rep.) | ||||||
2 | Section 1-215. The Criminal Code of 2012 is amended by | ||||||
3 | repealing Sections 7-15, 7-16, and 33-9. | ||||||
4 | Section 1-220. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing the heading of Article 110 and by changing | ||||||
6 | Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17, | ||||||
7 | 106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1, | ||||||
8 | 110-1, 110-2, 110-3, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2, | ||||||
9 | 110-6.4, 110-10, 110-11, 110-12, 110-14, 111-2, 112A-23, | ||||||
10 | 113-3.1, 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 | ||||||
13 | amount of money set by the court which is required to
be | ||||||
14 | obligated and secured as provided by law for the release of a | ||||||
15 | person in
custody in order that he will appear before the court | ||||||
16 | in which his
appearance may be required and that he will comply | ||||||
17 | with such conditions as
set forth in the bail bond. "Pretrial | ||||||
18 | release" has the meaning ascribed to bail in Section 9 of | ||||||
19 | Article I of the Illinois Constitution where the sureties | ||||||
20 | provided 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
|
| |||||||
| |||||||
1 | bond". "Bail bond" means an undertaking secured by bail entered | ||||||
2 | into by a
person in custody by which he binds himself to comply | ||||||
3 | with such conditions
as are set forth therein. "Conditions of | ||||||
4 | pretrial release" means the requirements imposed upon a | ||||||
5 | criminal 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 | ||||||
10 | offense shall
be tried by the court having jurisdiction within | ||||||
11 | 120 days from the date he or she
was taken into custody unless | ||||||
12 | delay is occasioned by the defendant, by an
examination for | ||||||
13 | fitness ordered pursuant to Section 104-13 of this Act, by
a | ||||||
14 | fitness hearing, by an adjudication of unfitness to stand | ||||||
15 | trial, by a
continuance allowed pursuant to Section 114-4 of | ||||||
16 | this Act after a court's
determination of the defendant's | ||||||
17 | physical incapacity for trial, or by an
interlocutory appeal. | ||||||
18 | Delay shall be considered to be agreed to by the
defendant | ||||||
19 | unless he or she objects to the delay by making a written | ||||||
20 | demand for
trial or an oral demand for trial on the record. The | ||||||
21 | provisions of this subsection
(a) do not apply to a person on | ||||||
22 | pretrial release bail or recognizance for an offense
but who | ||||||
23 | is in custody for a violation of his or her parole, aftercare | ||||||
24 | release, or mandatory
supervised release for another offense.
| ||||||
25 | The 120-day term must be one continuous period of |
| |||||||
| |||||||
1 | incarceration. In
computing the 120-day term, separate periods | ||||||
2 | of incarceration may not be
combined. If a defendant is taken | ||||||
3 | into custody a second (or subsequent) time
for the same | ||||||
4 | offense, the term will begin again at day zero.
| ||||||
5 | (b) Every person on pretrial release bail or recognizance | ||||||
6 | shall be tried by the court
having jurisdiction within 160 | ||||||
7 | days from the date defendant demands
trial unless delay is | ||||||
8 | occasioned by the defendant, by an examination for
fitness | ||||||
9 | ordered pursuant to Section 104-13 of this Act, by a fitness
| ||||||
10 | hearing, by an adjudication of unfitness to stand trial, by a | ||||||
11 | continuance
allowed pursuant to Section 114-4 of this Act | ||||||
12 | after a court's determination
of the defendant's physical | ||||||
13 | incapacity for trial, or by an interlocutory
appeal. The | ||||||
14 | defendant's failure to appear for any court date set by the
| ||||||
15 | court operates to waive the defendant's demand for trial made | ||||||
16 | under this
subsection.
| ||||||
17 | For purposes of computing the 160 day period under this | ||||||
18 | subsection (b),
every person who was in custody for an alleged | ||||||
19 | offense and demanded trial
and is subsequently released on | ||||||
20 | pretrial release bail or recognizance and demands trial,
shall | ||||||
21 | be given credit for time spent in custody following the making | ||||||
22 | of the
demand while in custody. Any demand for trial made under | ||||||
23 | this
subsection (b)
shall be in writing; and in the
case of a | ||||||
24 | defendant not in custody, the
demand for trial shall include | ||||||
25 | the date of any prior demand made under this
provision while | ||||||
26 | the defendant was in custody.
|
| |||||||
| |||||||
1 | (c) If the court determines that the State has exercised | ||||||
2 | without
success due diligence to obtain evidence material to | ||||||
3 | the case and that
there are reasonable grounds to believe that | ||||||
4 | such evidence may be
obtained at a later day the court may | ||||||
5 | continue the cause on application
of the State for not more | ||||||
6 | than an additional 60 days. If the court
determines that the | ||||||
7 | State has exercised without success due diligence to
obtain | ||||||
8 | results of DNA testing that is material to the case and that | ||||||
9 | there
are reasonable grounds to believe that such results may | ||||||
10 | be obtained at a
later day, the court may continue the cause on | ||||||
11 | application of the State for
not more than an additional 120 | ||||||
12 | days.
| ||||||
13 | (d) Every person not tried in accordance with subsections | ||||||
14 | (a), (b)
and (c) of this Section shall be discharged from | ||||||
15 | custody or released
from the obligations of his pretrial | ||||||
16 | release bail or recognizance.
| ||||||
17 | (e) If a person is simultaneously in custody upon more | ||||||
18 | than one
charge pending against him in the same county, or | ||||||
19 | simultaneously demands
trial upon more than one charge pending | ||||||
20 | against him in the same county,
he shall be tried, or adjudged | ||||||
21 | guilty after waiver of trial, upon at
least one such charge | ||||||
22 | before expiration relative to any of such pending
charges of | ||||||
23 | the period prescribed by subsections (a) and (b) of this
| ||||||
24 | Section. Such person shall be tried upon all of the remaining | ||||||
25 | charges
thus pending within 160 days from the date on which | ||||||
26 | judgment relative to
the first charge thus prosecuted is |
| |||||||
| |||||||
1 | rendered pursuant to the Unified Code of
Corrections or, if | ||||||
2 | such trial upon such first charge is terminated
without | ||||||
3 | judgment and there is no subsequent trial of, or adjudication | ||||||
4 | of
guilt after waiver of trial of, such first charge within a | ||||||
5 | reasonable
time, the person shall be tried upon all of the | ||||||
6 | remaining charges thus
pending within 160 days from the date | ||||||
7 | on which such trial is terminated;
if either such period of 160 | ||||||
8 | days expires without the commencement of
trial of, or | ||||||
9 | adjudication of guilt after waiver of trial of, any of such
| ||||||
10 | remaining charges thus pending, such charge or charges shall | ||||||
11 | be
dismissed and barred for want of prosecution unless delay | ||||||
12 | is occasioned
by the defendant, by an examination for fitness | ||||||
13 | ordered pursuant to
Section 104-13 of this Act, by a fitness | ||||||
14 | hearing, by an adjudication
of unfitness for trial, by a | ||||||
15 | continuance allowed pursuant to Section
114-4 of this Act | ||||||
16 | after a court's determination of the defendant's
physical | ||||||
17 | incapacity for trial, or by an interlocutory appeal; provided,
| ||||||
18 | however, that if the court determines that the State has | ||||||
19 | exercised
without success due diligence to obtain evidence | ||||||
20 | material to the case
and that there are reasonable grounds to | ||||||
21 | believe that such evidence may
be obtained at a later day the | ||||||
22 | court may continue the cause on
application of the State for | ||||||
23 | not more than an additional 60 days.
| ||||||
24 | (f) Delay occasioned by the defendant shall temporarily | ||||||
25 | suspend for
the time of the delay the period within which a | ||||||
26 | person shall be tried as
prescribed by subsections (a), (b), |
| |||||||
| |||||||
1 | or (e) of this Section and on the
day of expiration of the | ||||||
2 | delay the said period shall continue at the
point at which it | ||||||
3 | was suspended. Where such delay occurs within 21 days
of the | ||||||
4 | end of the period within which a person shall be tried as
| ||||||
5 | prescribed by subsections (a), (b), or (e) of this Section, | ||||||
6 | the court
may continue the cause on application of the State | ||||||
7 | for not more than an
additional 21 days beyond the period | ||||||
8 | prescribed by subsections (a), (b), or
(e). This subsection | ||||||
9 | (f) shall become effective on, and apply to persons
charged | ||||||
10 | with 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 | ||||||
15 | charge of any
jail, police station or other building where | ||||||
16 | persons under arrest are held
in custody pending | ||||||
17 | investigation, pretrial release bail or other criminal | ||||||
18 | proceedings, shall
post in every room, other than cells, of | ||||||
19 | such buildings where persons are
held in custody, in | ||||||
20 | conspicuous places where it may be seen and read by
persons in | ||||||
21 | custody and others, a poster, printed in large type, | ||||||
22 | containing
a verbatim copy in the English language of the | ||||||
23 | provisions of Sections 103-2,
103-3, 103-4, 109-1, 110-2, | ||||||
24 | 110-4, and sub-parts (a) and (b) of
Sections 110-7 and 113-3 of | ||||||
25 | this Code. Each person who is in charge of
any courthouse or |
| |||||||
| |||||||
1 | other building in which any trial of an offense is
conducted | ||||||
2 | shall post in each room primarily used for such trials and in
| ||||||
3 | each room in which defendants are confined or wait, pending | ||||||
4 | trial, in
conspicuous places where it may be seen and read by | ||||||
5 | persons in custody and
others, a poster, printed in large | ||||||
6 | type, containing a verbatim copy in the
English language of | ||||||
7 | the provisions of Sections 103-6, 113-1, 113-4 and
115-1 and | ||||||
8 | of 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 | ||||||
12 | may seize
or transport unwillingly any person found in this | ||||||
13 | State who is allegedly in
violation of a bail bond posted in | ||||||
14 | some other state or conditions of pretrial release . The return | ||||||
15 | of any
such person to another state may be accomplished only as | ||||||
16 | provided by the
laws of this State. Any bail bondsman who | ||||||
17 | violates this Section is fully
subject to the criminal and | ||||||
18 | civil penalties provided by the laws of this
State for his | ||||||
19 | actions.
| ||||||
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 | ||||||
24 | mental condition, the court shall order an examination of
the |
| |||||||
| |||||||
1 | defendant by one or more licensed physicians, clinical | ||||||
2 | psychologists,
or psychiatrists chosen by the court. No | ||||||
3 | physician, clinical
psychologist or psychiatrist employed by | ||||||
4 | the Department of Human Services shall
be ordered to perform,
| ||||||
5 | in his official capacity, an examination under this Section.
| ||||||
6 | (b) If the issue of fitness involves the defendant's | ||||||
7 | physical condition,
the court shall appoint one or more | ||||||
8 | physicians and in addition, such other
experts as it may deem | ||||||
9 | appropriate to examine the defendant and to report
to the | ||||||
10 | court regarding the defendant's condition.
| ||||||
11 | (c) An examination ordered under this Section shall be | ||||||
12 | given at the place
designated by the person who will conduct | ||||||
13 | the examination, except that if
the defendant is being held in | ||||||
14 | custody, the examination shall take place
at such location as | ||||||
15 | the court directs. No examinations under this
Section shall be | ||||||
16 | ordered to take place at mental health or developmental
| ||||||
17 | disabilities facilities operated by the Department of Human | ||||||
18 | Services.
If the defendant fails to keep appointments
without | ||||||
19 | reasonable cause or if the person conducting the examination | ||||||
20 | reports
to the court that diagnosis requires hospitalization | ||||||
21 | or extended observation,
the court may order the defendant | ||||||
22 | admitted to an appropriate facility for
an examination, other | ||||||
23 | than a screening examination, for not more than 7
days. The | ||||||
24 | court may, upon a showing of good cause, grant an additional
7 | ||||||
25 | days to complete the examination.
| ||||||
26 | (d) Release on pretrial release bail or on recognizance |
| |||||||
| |||||||
1 | shall not be revoked and an
application therefor shall not be | ||||||
2 | denied on the grounds that an examination
has been ordered.
| ||||||
3 | (e) Upon request by the defense and if the defendant is | ||||||
4 | indigent, the
court may appoint, in addition to the expert or | ||||||
5 | experts chosen pursuant to
subsection (a) of this Section, a | ||||||
6 | qualified expert selected by the defendant
to examine him and | ||||||
7 | to make a report as provided in Section 104-15. Upon
the filing | ||||||
8 | with the court of a verified statement of services rendered, | ||||||
9 | the
court shall enter an order on the county board to pay such | ||||||
10 | expert 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 | ||||||
15 | on bail pretrial release or on his own recognizance,
the court | ||||||
16 | shall select the least physically restrictive form of | ||||||
17 | treatment
therapeutically appropriate and consistent with the | ||||||
18 | treatment plan. The placement may be ordered either on an | ||||||
19 | inpatient or an outpatient basis.
| ||||||
20 | (b) If the defendant's disability is mental, the court may | ||||||
21 | order him placed
for secure treatment in the custody of the | ||||||
22 | Department of Human Services, or the court may order him | ||||||
23 | placed in
the custody of any other
appropriate public or | ||||||
24 | private mental health facility or treatment program
which has | ||||||
25 | agreed to provide treatment to the defendant. If the most |
| |||||||
| |||||||
1 | serious charge faced by the defendant is a misdemeanor, the | ||||||
2 | court shall order outpatient treatment, unless the court finds | ||||||
3 | good cause on the record to order inpatient treatment. If the | ||||||
4 | court orders the defendant to inpatient treatment in the | ||||||
5 | custody of the Department of Human Services, the Department | ||||||
6 | shall evaluate the defendant to determine the most appropriate | ||||||
7 | secure facility to receive the defendant and, within 20 days | ||||||
8 | of the transmittal by the clerk of the circuit court of the | ||||||
9 | court's placement order, notify the court of the designated | ||||||
10 | facility to receive the defendant. The Department shall admit | ||||||
11 | the defendant to a secure facility within 60 days of the | ||||||
12 | transmittal of the court's placement order, unless the | ||||||
13 | Department can demonstrate good faith efforts at placement and | ||||||
14 | a lack of bed and placement availability. If placement cannot | ||||||
15 | be made within 60 days of the transmittal of the court's | ||||||
16 | placement order and the Department has demonstrated good faith | ||||||
17 | efforts at placement and a lack of bed and placement | ||||||
18 | availability, the Department shall provide an update to the | ||||||
19 | ordering court every 30 days until the defendant is placed. | ||||||
20 | Once bed and placement availability is determined, the | ||||||
21 | Department shall notify the sheriff who shall promptly | ||||||
22 | transport the defendant to the designated facility. If the | ||||||
23 | defendant
is placed in the custody of the Department of Human | ||||||
24 | Services, the defendant shall be placed in a
secure setting. | ||||||
25 | During
the period of time required to determine bed and | ||||||
26 | placement availability at the designated facility, the
|
| |||||||
| |||||||
1 | defendant shall remain in jail. If during the course of | ||||||
2 | evaluating the defendant for placement, the Department of | ||||||
3 | Human Services determines that the defendant is currently fit | ||||||
4 | to stand trial, it shall immediately notify the court and | ||||||
5 | shall submit a written report within 7 days. In that | ||||||
6 | circumstance the placement shall be held pending a court | ||||||
7 | hearing on the Department's report. Otherwise, upon completion | ||||||
8 | of the placement process, including identifying bed and | ||||||
9 | placement availability, the
sheriff shall be notified and | ||||||
10 | shall transport the defendant to the designated
facility. If, | ||||||
11 | within 60 days of the transmittal by the clerk of the circuit | ||||||
12 | court of the court's placement order, the Department fails to | ||||||
13 | provide the sheriff with notice of bed and placement | ||||||
14 | availability at the designated facility, the sheriff shall | ||||||
15 | contact the Department to inquire about when a placement will | ||||||
16 | become available at the designated facility as well as bed and | ||||||
17 | placement availability at other secure facilities. The | ||||||
18 | Department shall respond to the sheriff within 2 business days | ||||||
19 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
20 | and the Department shall provide the sheriff with the status | ||||||
21 | of the evaluation, information on bed and placement | ||||||
22 | availability, and an estimated date of admission for the | ||||||
23 | defendant and any changes to that estimated date of admission. | ||||||
24 | If the Department notifies the sheriff during the 2 business | ||||||
25 | day period of a facility operated by the Department with | ||||||
26 | placement availability, the sheriff shall promptly transport |
| |||||||
| |||||||
1 | the defendant to that facility. The placement may be ordered | ||||||
2 | either on an inpatient or an outpatient
basis.
| ||||||
3 | (c) If the defendant's disability is physical, the court | ||||||
4 | may order him
placed under the supervision of the Department | ||||||
5 | of Human
Services
which shall place and maintain the defendant | ||||||
6 | in a suitable treatment facility
or program, or the court may | ||||||
7 | order him placed in an appropriate public or
private facility | ||||||
8 | or treatment program which has agreed to provide treatment
to | ||||||
9 | the defendant. The placement may be ordered either on an | ||||||
10 | inpatient or
an outpatient basis.
| ||||||
11 | (d) The clerk of the circuit court shall within 5 days of | ||||||
12 | the entry of the order transmit to the Department, agency
or | ||||||
13 | institution, if any, to which the defendant is remanded for | ||||||
14 | treatment, 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 |
| |||||||
| |||||||
1 | clerk to transmit.
| ||||||
2 | (e) Within 30 days of admission to the designated | ||||||
3 | facility, the person
supervising the defendant's treatment | ||||||
4 | shall file with the court, the State,
and the defense a report | ||||||
5 | assessing the facility's or program's capacity
to provide | ||||||
6 | appropriate treatment for the defendant and indicating his | ||||||
7 | opinion
as to the probability of the defendant's attaining | ||||||
8 | fitness within a period
of time from the date of the finding of | ||||||
9 | unfitness. For a defendant charged with a felony, the period | ||||||
10 | of time shall be one year. For a defendant charged with a | ||||||
11 | misdemeanor, the period of time shall be no longer than the | ||||||
12 | sentence if convicted of the most serious offense. If the | ||||||
13 | report indicates
that there is a substantial probability that | ||||||
14 | the defendant will attain fitness
within the time period, the | ||||||
15 | treatment supervisor shall also file a treatment
plan which | ||||||
16 | shall 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)
|
| |||||||
| |||||||
1 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
2 | television
and video conference two-way audio-visual | ||||||
3 | communication system .
| ||||||
4 | (a) Whenever the appearance in person in court, in either | ||||||
5 | a civil or criminal proceeding, is required of anyone held in a | ||||||
6 | place of custody or confinement operated by the State or any of | ||||||
7 | its political subdivisions, including counties and | ||||||
8 | municipalities, the chief judge of the circuit by rule may | ||||||
9 | permit the personal appearance to be made by means of a two-way | ||||||
10 | audio-visual communication system , including closed circuit | ||||||
11 | television and computerized video conference, in the following | ||||||
12 | proceedings: | ||||||
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); |
| |||||||
| |||||||
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 | ||||||
9 | provide two-way audio-visual communication between the court | ||||||
10 | and the place of custody or confinement, and must include a | ||||||
11 | secure line over which the person in custody and his or her | ||||||
12 | counsel, if any, may communicate. | ||||||
13 | (c) Nothing in this Section shall be construed to prohibit | ||||||
14 | other court appearances through the use of a two-way | ||||||
15 | audio-visual communication , upon waiver of
any right the | ||||||
16 | person in custody or confinement may have to be
present | ||||||
17 | physically. system if the person in custody or confinement | ||||||
18 | waives the right to be present physically in court, the court | ||||||
19 | determines that the physical health and safety of any person | ||||||
20 | necessary to the proceedings would be endangered by appearing | ||||||
21 | in court, or the chief judge of the circuit orders use of that | ||||||
22 | system due to operational challenges in conducting the hearing | ||||||
23 | in person. Such operational challenges must be documented and | ||||||
24 | approved by the chief judge of the circuit, and a plan to | ||||||
25 | address the challenges through reasonable efforts must be | ||||||
26 | presented and approved by the Administrative Office of the |
| |||||||
| |||||||
1 | Illinois Courts every 6 months. | ||||||
2 | (d) Nothing in this Section shall be construed to | ||||||
3 | establish a right of any person held in custody or confinement | ||||||
4 | to appear in court through a two-way audio-visual | ||||||
5 | communication system or to require that any governmental | ||||||
6 | entity, or place of custody or confinement, provide a two-way | ||||||
7 | audio-visual communication system .
| ||||||
8 | (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21; | ||||||
9 | 102-813, 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 | ||||||
12 | jurisdiction.
| ||||||
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 |
| |||||||
| |||||||
1 | department or
county
sheriff's office of this State.
| ||||||
2 | (a-3) Any peace officer employed by a law enforcement | ||||||
3 | agency of this State
may conduct temporary questioning | ||||||
4 | pursuant to Section 107-14 of this Code and
may make arrests in | ||||||
5 | any jurisdiction within this State: (1) if the officer is
| ||||||
6 | engaged in the investigation of criminal activity that | ||||||
7 | occurred in the officer's
primary jurisdiction and the | ||||||
8 | temporary questioning or arrest relates to, arises from, or is | ||||||
9 | conducted pursuant to that investigation; or (2) if the | ||||||
10 | officer, while on duty as a
peace officer, becomes personally | ||||||
11 | aware of the immediate commission of a felony
or misdemeanor | ||||||
12 | violation of the laws of this State; or (3) if
the officer, | ||||||
13 | while on duty as a peace officer, is requested by an
| ||||||
14 | appropriate State or local law enforcement official to render | ||||||
15 | aid or
assistance to the requesting law enforcement agency | ||||||
16 | that is outside the
officer's primary jurisdiction; or (4) in | ||||||
17 | accordance with Section 2605-580 of the Illinois State Police | ||||||
18 | Law of the
Civil Administrative Code of Illinois. While acting | ||||||
19 | pursuant to this subsection, an
officer has the same authority | ||||||
20 | as within his or her
own jurisdiction.
| ||||||
21 | (a-7) The law enforcement agency of the county or | ||||||
22 | municipality in which any
arrest is made under this Section | ||||||
23 | shall be immediately notified of the
arrest.
| ||||||
24 | (b) Any peace officer of another State who enters this | ||||||
25 | State in
fresh
pursuit and continues within this State in | ||||||
26 | fresh pursuit of a person in
order to arrest him on the ground |
| |||||||
| |||||||
1 | that he has committed an offense in the
other State has the | ||||||
2 | same authority to arrest and hold the person in custody
as | ||||||
3 | peace officers of this State have to arrest and hold a person | ||||||
4 | in custody
on the ground that he has committed an offense in | ||||||
5 | this State.
| ||||||
6 | (c) If an arrest is made in this State by a peace officer | ||||||
7 | of
another
State in accordance with the provisions of this | ||||||
8 | Section he shall without
unnecessary delay take the person | ||||||
9 | arrested before the circuit court of the
county in which the | ||||||
10 | arrest was made. Such court shall conduct a hearing for
the | ||||||
11 | purpose of determining the lawfulness of the arrest. If the | ||||||
12 | court
determines that the arrest was lawful it shall commit | ||||||
13 | the person arrested,
to await for a reasonable time the | ||||||
14 | issuance of an extradition warrant by
the Governor of this | ||||||
15 | State, or admit him to bail pretrial release for such purpose. | ||||||
16 | If the
court determines that the arrest was unlawful it shall | ||||||
17 | discharge the person
arrested.
| ||||||
18 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
19 | 102-813, 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 | ||||||
23 | an offense
has been committed, it shall examine upon oath or | ||||||
24 | affirmation the
complainant or any witnesses.
| ||||||
25 | (b) The complaint shall be in writing and shall:
|
| |||||||
| |||||||
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 | ||||||
11 | request is made by electronic means that has a simultaneous | ||||||
12 | video and audio transmission between the requester and a | ||||||
13 | judge, the judge may issue an arrest warrant or summons based | ||||||
14 | upon a sworn complaint or sworn testimony communicated in the | ||||||
15 | transmission. | ||||||
16 | (c) A warrant shall or summons may be issued by the court | ||||||
17 | for the arrest or appearance of the person
complained against | ||||||
18 | if it appears from the contents of the complaint and the
| ||||||
19 | examination of the complainant or other witnesses, if any, | ||||||
20 | that the person
against whom the complaint was made has | ||||||
21 | committed 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 |
| |||||||
| |||||||
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 | ||||||
21 | summons in a civil action, except that a police officer may | ||||||
22 | serve a summons for a violation of an ordinance occurring | ||||||
23 | within the municipality of the police officer. | ||||||
24 | (f) If the person summoned fails to appear by the date | ||||||
25 | required or cannot be located to serve the summons, a warrant | ||||||
26 | may be issued by the court for the arrest of the person |
| |||||||
| |||||||
1 | complained against. | ||||||
2 | (g) A warrant of arrest issued under this Section shall | ||||||
3 | incorporate the information included in the summons, and shall | ||||||
4 | comply 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 | ||||||
9 | officers in the State. It
shall be executed by the peace | ||||||
10 | officer, or by a private person specially
named therein, at | ||||||
11 | any location within the geographic limitation for
execution | ||||||
12 | placed on the warrant. If no geographic limitation is placed | ||||||
13 | on
the warrant, then it may be executed anywhere in the State.
| ||||||
14 | (f) (h) The arrest warrant or summons may be issued | ||||||
15 | electronically or electromagnetically by
use of electronic | ||||||
16 | mail or a facsimile transmission machine and any such arrest | ||||||
17 | warrant or summons shall have the
same validity as a written | ||||||
18 | arrest warrant or summons .
| ||||||
19 | (Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
20 | 102-1104, 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 | ||||||
24 | may instead
issue a summons.
| ||||||
25 | (b) The summons shall:
|
| |||||||
| |||||||
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 | ||||||
12 | summons in a
civil action or by certified or regular mail , | ||||||
13 | except that police officers may serve summons for violations
| ||||||
14 | of 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 | ||||||
18 | custody and court appearance; geographic constraints prevent | ||||||
19 | in-person appearances .
| ||||||
20 | (a) A person arrested with or without a warrant for an | ||||||
21 | offense for which pretrial release may be denied under | ||||||
22 | paragraphs (1) through (6) of Section 110-6.1 shall be taken | ||||||
23 | without
unnecessary delay before the nearest and most | ||||||
24 | accessible judge
in that county, except when such county is a | ||||||
25 | participant in a
regional jail authority, in which event such |
| |||||||
| |||||||
1 | person may be taken to the
nearest and most accessible judge, | ||||||
2 | irrespective of the county where such
judge presides, within
| ||||||
3 | 48 hours,
and a charge shall be filed.
Whenever a person | ||||||
4 | arrested either with or without a warrant is required
to be | ||||||
5 | taken
before a judge, a charge
may be filed against such person | ||||||
6 | by way of a two-way closed circuit
television system | ||||||
7 | audio-visual communication system , except that a hearing to | ||||||
8 | deny pretrial release bail to the defendant may
not be | ||||||
9 | conducted by way of closed circuit television two-way | ||||||
10 | audio-visual communication system unless the accused
waives | ||||||
11 | the right to be present physically in court, the court
| ||||||
12 | determines that the physical health and safety of any person
| ||||||
13 | necessary to the proceedings would be endangered by appearing
| ||||||
14 | in court, or the chief judge of the circuit orders use of that
| ||||||
15 | system due to operational challenges in conducting the hearing
| ||||||
16 | in person. Such operational challenges must be documented and
| ||||||
17 | approved by the chief judge of the circuit, and a plan to
| ||||||
18 | address the challenges through reasonable efforts must be
| ||||||
19 | presented and approved by the Administrative Office of the
| ||||||
20 | Illinois Courts every 6 months. .
| ||||||
21 | (a-1) Law enforcement shall issue a citation in lieu of | ||||||
22 | custodial arrest, upon proper identification, for those | ||||||
23 | accused of any offense that is not a felony or Class A | ||||||
24 | misdemeanor unless (i) a law enforcement officer reasonably | ||||||
25 | believes the accused poses a threat to the community or any | ||||||
26 | person, (ii) a custodial arrest is necessary because the |
| |||||||
| |||||||
1 | criminal activity persists after the issuance of a citation, | ||||||
2 | or (iii) the accused has an obvious medical or mental health | ||||||
3 | issue that poses a risk to the accused's own safety. Nothing in | ||||||
4 | this Section requires arrest in the case of Class A | ||||||
5 | misdemeanor and felony offenses, or otherwise limits existing | ||||||
6 | law enforcement discretion to decline to effect a custodial | ||||||
7 | arrest. | ||||||
8 | (a-3) A person arrested with or without a warrant for an | ||||||
9 | offense for which pretrial release may not be denied may, | ||||||
10 | except as otherwise provided in this Code, be released by a law | ||||||
11 | enforcement officer without appearing before a judge. A | ||||||
12 | presumption in favor of pretrial release shall be applied by | ||||||
13 | an arresting officer in the exercise of his or her discretion | ||||||
14 | under this Section. | ||||||
15 | (a-5) A person charged with an offense shall be allowed | ||||||
16 | counsel at the hearing at which pretrial release bail is | ||||||
17 | determined under Article 110 of this Code. If the defendant | ||||||
18 | desires counsel for his or her initial appearance but is | ||||||
19 | unable to obtain counsel, the court shall appoint a public | ||||||
20 | defender or licensed attorney at law of this State to | ||||||
21 | represent him or her for purposes of that hearing . | ||||||
22 | (b) Upon initial appearance of a person before the court, | ||||||
23 | the 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 |
| |||||||
| |||||||
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 | ||||||
21 | accordance with
the provisions of Article 112A of this Code. | ||||||
22 | Crime victims shall be given notice by the State's Attorney's | ||||||
23 | office of this hearing as required in paragraph (2) of | ||||||
24 | subsection (b) of the Rights of Crime Victims and Witnesses | ||||||
25 | Act and shall be informed of their opportunity at this hearing | ||||||
26 | to obtain an order of protection under Article 112A of this |
| |||||||
| |||||||
1 | Code.
| ||||||
2 | (d) At the initial appearance of a defendant in any | ||||||
3 | criminal proceeding, the court must advise the defendant in | ||||||
4 | open court that any foreign national who is arrested or | ||||||
5 | detained has the right to have notice of the arrest or | ||||||
6 | detention given to his or her country's consular | ||||||
7 | representatives and the right to communicate with those | ||||||
8 | consular representatives if the notice has not already been | ||||||
9 | provided. The court must make a written record of so advising | ||||||
10 | the defendant. | ||||||
11 | (e) If consular notification is not provided to a | ||||||
12 | defendant before his or her first appearance in court, the | ||||||
13 | court shall grant any reasonable request for a continuance of | ||||||
14 | the proceedings to allow contact with the defendant's | ||||||
15 | consulate. Any delay caused by the granting of the request by a | ||||||
16 | defendant shall temporarily suspend for the time of the delay | ||||||
17 | the period within which a person shall be tried as prescribed | ||||||
18 | by subsections (a), (b), or (e) of Section 103-5 of this Code | ||||||
19 | and on the day of the expiration of delay the period shall | ||||||
20 | continue at the point at which it was suspended. | ||||||
21 | (f) At the hearing at which conditions of pretrial release | ||||||
22 | are determined, the person charged shall be present in person | ||||||
23 | rather than by two-way audio-video communication system unless | ||||||
24 | the accused waives the right to be present physically in | ||||||
25 | court, the court determines that the physical health and | ||||||
26 | safety of any person necessary to the proceedings would be |
| |||||||
| |||||||
1 | endangered by appearing in court, or the chief judge of the | ||||||
2 | circuit orders use of that system due to operational | ||||||
3 | challenges in conducting the hearing in person. Such | ||||||
4 | operational challenges must be documented and approved by the | ||||||
5 | chief judge of the circuit, and a plan to address the | ||||||
6 | challenges through reasonable efforts must be presented and | ||||||
7 | approved by the Administrative Office of the Illinois Courts | ||||||
8 | every 6 months. | ||||||
9 | (g) Defense counsel shall be given adequate opportunity to | ||||||
10 | confer with the defendant prior to any hearing in which | ||||||
11 | conditions of release or the detention of the defendant is to | ||||||
12 | be considered, with a physical accommodation made to | ||||||
13 | facilitate attorney/client consultation. If defense counsel | ||||||
14 | needs to confer or consult with the defendant during any | ||||||
15 | hearing conducted via a two-way audio-visual communication | ||||||
16 | system, such consultation shall not be recorded and shall be | ||||||
17 | undertaken consistent with constitutional protections. | ||||||
18 | (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
19 | 102-1104, 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 | ||||||
23 | which a warrant
for his arrest was issued shall be taken | ||||||
24 | without unnecessary delay before
the nearest and most | ||||||
25 | accessible judge in the county where the arrest was
made or, if |
| |||||||
| |||||||
1 | no additional delay is created, before the nearest and most
| ||||||
2 | accessible judge in the county from which the warrant was | ||||||
3 | issued. He
shall be admitted to bail in the amount specified in | ||||||
4 | the warrant or, for
offenses other than felonies, in an amount | ||||||
5 | as set by the judge, and such
bail shall be conditioned on his | ||||||
6 | appearing in the court issuing the warrant
on a certain date. | ||||||
7 | The judge may hold a hearing to determine if the
defendant is | ||||||
8 | the same person as named in the warrant.
| ||||||
9 | (b) Notwithstanding the provisions of subsection (a), any | ||||||
10 | person
arrested in a county other than the one in which a | ||||||
11 | warrant for his arrest
was issued, may waive the right to be | ||||||
12 | taken before a judge in the county
where the arrest was made. | ||||||
13 | If a person so arrested waives such right, the
arresting | ||||||
14 | agency shall surrender such person to a law enforcement agency | ||||||
15 | of
the county that issued the warrant without unnecessary | ||||||
16 | delay. The
provisions of Section 109-1 shall then apply to the | ||||||
17 | person so arrested.
| ||||||
18 | (c) If a person is taken before a judge in any county and a | ||||||
19 | warrant for arrest issued by another Illinois county exists | ||||||
20 | for that person, the court in the arresting county shall hold | ||||||
21 | for that person a detention hearing under Section 110-6.1, or | ||||||
22 | other hearing under Section 110-5 or Section 110-6. | ||||||
23 | (d) After the court in the arresting county has determined | ||||||
24 | whether the person shall be released or detained on the | ||||||
25 | arresting offense, the court shall then order the sheriff to | ||||||
26 | immediately contact the sheriff in any county where any |
| |||||||
| |||||||
1 | warrant is outstanding and notify them of the arrest of the | ||||||
2 | individual. | ||||||
3 | (e) If a person has a warrant in another county for an | ||||||
4 | offense, then, no later than 5 calendar days after the end of | ||||||
5 | any detention issued on the charge in the arresting county, | ||||||
6 | the county where the warrant is outstanding shall do one of the | ||||||
7 | following: | ||||||
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 | ||||||
16 | subsection (e) within 5 calendar days, the defendant shall be | ||||||
17 | released from custody on the warrant, and the circuit judge or | ||||||
18 | associate circuit judge in the county of arrest shall set | ||||||
19 | conditions of release under Section 110-5 and shall admit the | ||||||
20 | defendant to pretrial release for his or her appearance before | ||||||
21 | the court named in the warrant. Upon releasing the defendant, | ||||||
22 | the circuit judge or associate circuit judge shall certify | ||||||
23 | such a fact on the warrant and deliver the warrant and the | ||||||
24 | acknowledgment by the defendant of his or her receiving the | ||||||
25 | conditions of pretrial release to the officer having charge of | ||||||
26 | the defendant from arrest and without delay deliver such |
| |||||||
| |||||||
1 | warrant and such acknowledgment by the defendant of his or her | ||||||
2 | receiving the conditions to the court before which the | ||||||
3 | defendant is required to appear. | ||||||
4 | (g) If a person has a warrant in another county, in lieu of | ||||||
5 | transporting the person to the issuing county as outlined in | ||||||
6 | subsection (e), the issuing county may hold the hearing by way | ||||||
7 | of a two-way audio-visual communication system if the accused | ||||||
8 | waives the right to be physically present in court, the court | ||||||
9 | determines that the physical health and safety of any person | ||||||
10 | necessary to the proceedings would be endangered by appearing | ||||||
11 | in court, or the chief judge of the circuit orders use of that | ||||||
12 | system due to operational challenges in conducting the hearing | ||||||
13 | in person. Such operational challenges must be documented and | ||||||
14 | approved by the chief judge of the circuit, and a plan to | ||||||
15 | address the challenges through reasonable efforts must be | ||||||
16 | presented and approved by the Administrative Office of the | ||||||
17 | Illinois Courts every 6 months. | ||||||
18 | (h) If more than 2 Illinois county warrants exist, the | ||||||
19 | judge in the county of arrest shall order that the process | ||||||
20 | described in subsections (d) through (f) occur in each county | ||||||
21 | in whatever order the judge finds most appropriate. Each judge | ||||||
22 | in each subsequent county shall then follow the rules in this | ||||||
23 | Section. | ||||||
24 | (i) This Section applies only to warrants issued by | ||||||
25 | Illinois state, county, or municipal courts. | ||||||
26 | (j) When an issuing agency is contacted by an out-of-state |
| |||||||
| |||||||
1 | agency of a person arrested for any offense, or when an | ||||||
2 | arresting agency is contacted by or contacts an out-of-state | ||||||
3 | issuing agency, the Uniform Criminal Extradition Act shall | ||||||
4 | govern. | ||||||
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 | ||||||
9 | court having
jurisdiction of the offense if from the evidence | ||||||
10 | it appears there is
probable cause to believe an offense has | ||||||
11 | been committed by the
defendant, as provided in Section | ||||||
12 | 109-3.1 of this Code, if the offense is a felony.
| ||||||
13 | (b) If the defendant waives preliminary examination the | ||||||
14 | judge shall hold
him to answer and may, or on the demand of the | ||||||
15 | prosecuting attorney shall,
cause the witnesses for the State | ||||||
16 | to be examined. After hearing the
testimony if it appears that | ||||||
17 | there is not probable cause to believe the
defendant guilty of | ||||||
18 | any offense the judge shall discharge him.
| ||||||
19 | (c) During the examination of any witness or when the | ||||||
20 | defendant is
making a statement or testifying the judge may | ||||||
21 | and on the request of the
defendant or State shall exclude all | ||||||
22 | other witnesses. He may also cause the
witnesses to be kept | ||||||
23 | separate and to be prevented from communicating with
each | ||||||
24 | other until all are examined.
| ||||||
25 | (d) If the defendant is held to answer the judge may |
| |||||||
| |||||||
1 | require any
material witness for the State or defendant to | ||||||
2 | enter into a written
undertaking to appear at the trial , and | ||||||
3 | may provide for the forfeiture of a
sum certain in the event | ||||||
4 | the witness does not appear at the trial . Any
witness who | ||||||
5 | refuses to execute a recognizance may be committed by the | ||||||
6 | judge
to the custody of the sheriff until trial or further | ||||||
7 | order of the court
having jurisdiction of the cause. Any | ||||||
8 | witness who executes a recognizance
and fails to comply with | ||||||
9 | its terms shall, in addition to any forfeiture
provided in the | ||||||
10 | recognizance, be subject to the penalty provided in Section
| ||||||
11 | 32-10 of the Criminal Code of 2012 for violation of bail bond | ||||||
12 | commits a Class C misdemeanor .
| ||||||
13 | (e) During preliminary hearing or examination the | ||||||
14 | defendant may move for
an order of suppression of evidence | ||||||
15 | pursuant to Section 114-11 or 114-12
of this Act or for other | ||||||
16 | reasons, and may move for dismissal of the charge
pursuant to | ||||||
17 | Section 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 | ||||||
22 | this State,
alleged to have been committed on or after January | ||||||
23 | 1, 1984, the provisions
of this Section shall apply.
| ||||||
24 | (b) Every person in custody in this State for the alleged | ||||||
25 | commission of
a felony shall receive either a preliminary |
| |||||||
| |||||||
1 | examination as provided in Section
109-3 or an indictment by | ||||||
2 | Grand Jury as provided in Section 111-2, within
30 days from | ||||||
3 | the date he or she was taken into custody. Every person on bail | ||||||
4 | or recognizance released pretrial for the alleged commission | ||||||
5 | of a felony shall receive
either a preliminary examination as | ||||||
6 | provided in Section 109-3 or an indictment
by Grand Jury as | ||||||
7 | provided in Section 111-2, within 60 days from the date he
or | ||||||
8 | she was arrested.
| ||||||
9 | The provisions of this paragraph shall not apply in the | ||||||
10 | following 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.
|
| |||||||
| |||||||
1 | (c) Delay occasioned by the defendant shall temporarily | ||||||
2 | suspend, for the
time of the delay, the period within which the | ||||||
3 | preliminary examination must
be held. On the day of expiration | ||||||
4 | of the delay the period in question shall
continue at the point | ||||||
5 | at 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 | ||||||
12 | insure the payment of bail.
| ||||||
13 | (b) "Sureties" encompasses the monetary and nonmonetary | ||||||
14 | requirements
set by the court as conditions for release either | ||||||
15 | before or after
conviction. "Surety" is one who executes a | ||||||
16 | bail bond and binds himself to pay
the bail if the person in | ||||||
17 | custody fails to comply with all conditions of
the bail bond.
| ||||||
18 | (c) The phrase "for which a sentence of imprisonment, | ||||||
19 | without
conditional and revocable release, shall be imposed by | ||||||
20 | law as a consequence
of conviction" means an offense for which | ||||||
21 | a sentence of imprisonment in the Department of Corrections ,
| ||||||
22 | without probation, periodic imprisonment or conditional | ||||||
23 | discharge, is
required by law upon conviction.
| ||||||
24 | (d) "Real and present threat to the physical safety of any |
| |||||||
| |||||||
1 | person or
persons", as used in this Article, includes a threat | ||||||
2 | to the community,
person, persons or class of persons. | ||||||
3 | (Blank). | ||||||
4 | (e) "Protective order" means any order of protection | ||||||
5 | issued under Section 112A-14 of this Code or the Illinois | ||||||
6 | Domestic Violence Act of 1986, a stalking no contact order | ||||||
7 | issued under Section 80 of the Stalking No Contact Order Act, | ||||||
8 | or a civil no contact order issued under Section 213 of the | ||||||
9 | Civil No Contact Order Act. | ||||||
10 | (f) "Willful flight" means intentional conduct with a | ||||||
11 | purpose to thwart the judicial process to avoid prosecution. | ||||||
12 | Isolated instances of nonappearance in court alone are not | ||||||
13 | evidence of the risk of willful flight. Reoccurrence and | ||||||
14 | patterns of intentional conduct to evade prosecution, along | ||||||
15 | with any affirmative steps to communicate or remedy any such | ||||||
16 | missed court date, may be considered as factors in assessing | ||||||
17 | future intent to evade prosecution.
| ||||||
18 | (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
19 | 102-1104, 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 . | ||||||
22 | When from all the circumstances the court is of the opinion | ||||||
23 | that the
defendant will appear as required either before or | ||||||
24 | after
conviction and the
defendant will not pose a danger to | ||||||
25 | any person or the community
and that the
defendant will comply |
| |||||||
| |||||||
1 | with all conditions of bond, which
shall include the | ||||||
2 | defendant's current address with a written admonishment to
the | ||||||
3 | defendant that he or she must comply with the provisions of | ||||||
4 | Section 110-12
of this Code regarding any change in his or her | ||||||
5 | address, the defendant may be released on his or her own | ||||||
6 | recognizance. The
defendant's address shall at all times | ||||||
7 | remain a matter of public record with
the clerk of the court. A | ||||||
8 | failure to appear as
required by such recognizance shall | ||||||
9 | constitute an offense subject to the
penalty provided in | ||||||
10 | Section 32-10 of the Criminal Code of 2012 for violation of the
| ||||||
11 | bail bond, and any obligated sum fixed in the recognizance | ||||||
12 | shall 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 | ||||||
15 | the purpose of
relying upon contempt of court proceedings or | ||||||
16 | criminal sanctions
instead of financial loss to assure the
| ||||||
17 | appearance of the defendant, and that the defendant will not | ||||||
18 | pose a danger to
any person or the community and that the | ||||||
19 | defendant will comply with all
conditions of bond. Monetary | ||||||
20 | bail should be set only when it is
determined that no other | ||||||
21 | conditions of release will reasonably assure the
defendant's | ||||||
22 | appearance in court, that the defendant does not present a
| ||||||
23 | danger to any person or the community and that the defendant | ||||||
24 | will comply
with all conditions of bond.
| ||||||
25 | The State may appeal any order permitting release by | ||||||
26 | personal recognizance. |
| |||||||
| |||||||
1 | (a) All persons charged with an offense shall be eligible | ||||||
2 | for pretrial release before conviction. It is presumed that a | ||||||
3 | defendant is entitled to release on personal recognizance on | ||||||
4 | the condition that the defendant attend all required court | ||||||
5 | proceedings and the defendant does not commit any criminal | ||||||
6 | offense, and complies with all terms of pretrial release, | ||||||
7 | including, but not limited to, orders of protection under both | ||||||
8 | Section 112A-4 of this Code and Section 214 of the Illinois | ||||||
9 | Domestic Violence Act of 1986, all civil no contact orders, | ||||||
10 | and all stalking no contact orders. Pretrial release may be | ||||||
11 | denied only if a person is charged with an offense listed in | ||||||
12 | Section 110-6.1 and after the court has held a hearing under | ||||||
13 | Section 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 | ||||||
16 | the burden to prove by clear and convincing evidence that any | ||||||
17 | condition of release is necessary. | ||||||
18 | (c) When it is alleged that pretrial release should be | ||||||
19 | denied to a person upon the grounds that the person presents a | ||||||
20 | real and present threat to the safety of any person or persons | ||||||
21 | or the community, based on the specific articulable facts of | ||||||
22 | the case, the burden of proof of such allegations shall be upon | ||||||
23 | the State.
| ||||||
24 | (d) When it is alleged that pretrial release should be | ||||||
25 | denied to a person charged with stalking or aggravated | ||||||
26 | stalking upon the grounds set forth in Section 110-6.3, the |
| |||||||
| |||||||
1 | burden of proof of those allegations shall be upon the State. | ||||||
2 | (e) This Section shall be liberally construed to | ||||||
3 | effectuate the purpose of
relying on pretrial release by | ||||||
4 | nonmonetary means to reasonably ensure an eligible person's | ||||||
5 | appearance in court, the protection of the safety of any other | ||||||
6 | person or the community, that the person will not attempt or | ||||||
7 | obstruct the criminal justice process, and the person's | ||||||
8 | compliance with all conditions of release, while authorizing | ||||||
9 | the court, upon motion of a prosecutor, to order pretrial | ||||||
10 | detention of the person under Section 110-6.1 when it finds | ||||||
11 | clear and convincing evidence that no condition or combination | ||||||
12 | of conditions can reasonably ensure the effectuation of these | ||||||
13 | goals.
| ||||||
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 | ||||||
17 | alternatives . Upon failure to comply with any condition of a | ||||||
18 | bail bond or recognizance
the court having jurisdiction at the | ||||||
19 | time of such failure may, in addition
to any other action | ||||||
20 | provided by law, issue a warrant for the arrest of the
person | ||||||
21 | at liberty on bail or his own recognizance.
The contents of | ||||||
22 | such a warrant shall be the same as required for an arrest
| ||||||
23 | warrant issued upon complaint. When a defendant is at liberty | ||||||
24 | on bail or
his own recognizance on a
felony charge and fails to | ||||||
25 | appear in court as directed, the court shall
issue a warrant |
| |||||||
| |||||||
1 | for the arrest of such person. Such warrant shall be noted
with | ||||||
2 | a directive to peace officers to arrest the person and hold | ||||||
3 | such
person without bail and to deliver such person before the | ||||||
4 | court for further
proceedings. | ||||||
5 | A defendant who is arrested or surrenders within 30 days | ||||||
6 | of
the issuance of such warrant shall not be bailable in the | ||||||
7 | case in question
unless he shows by the preponderance of the | ||||||
8 | evidence that his failure to
appear was not intentional. | ||||||
9 | (a) Upon failure to comply with any condition of pretrial | ||||||
10 | release,
the court having jurisdiction at the time of such | ||||||
11 | failure may, on its own motion or upon motion from the State, | ||||||
12 | issue a summons or a warrant for the arrest of the person at | ||||||
13 | liberty on pretrial release. This Section shall be construed | ||||||
14 | to effectuate the goal of relying upon summonses rather than | ||||||
15 | warrants to ensure the appearance of the defendant in court | ||||||
16 | whenever possible. The contents of such a summons or warrant | ||||||
17 | shall be the same as required for those issued upon complaint | ||||||
18 | under Section 107-9. | ||||||
19 | (b) A defendant who appears in court on the date assigned | ||||||
20 | or within 48 hours of service, whichever is later, in response | ||||||
21 | to a summons issued for failure to appear in court, shall not | ||||||
22 | be recorded in the official docket as having failed to appear | ||||||
23 | on the initial missed court date. If a person fails to appear | ||||||
24 | in court on the date listed on the summons, the court may issue | ||||||
25 | a warrant for the person's arrest. | ||||||
26 | (c) For the purpose of any risk assessment or future |
| |||||||
| |||||||
1 | evaluation of risk of willful flight or risk of failure to | ||||||
2 | appear, a nonappearance in court cured by an appearance in | ||||||
3 | response to a summons shall not be considered as evidence of | ||||||
4 | future likelihood of appearance in court.
| ||||||
5 | (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
6 | 102-1104, 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 | ||||||
9 | of release.
| ||||||
10 | (a) In determining the amount of monetary bail or | ||||||
11 | conditions of release, if
any,
which will reasonably assure | ||||||
12 | the appearance of a defendant as required or
the safety of any | ||||||
13 | other person or the community and the likelihood of
compliance | ||||||
14 | by the
defendant with all the conditions of bail, the court | ||||||
15 | shall, on the
basis of available information, take into | ||||||
16 | account such matters as the
nature and circumstances of the | ||||||
17 | offense charged, whether the evidence
shows that as part of | ||||||
18 | the offense there was a use of violence or threatened
use of | ||||||
19 | violence, whether the offense involved corruption of public
| ||||||
20 | officials or employees, whether there was physical harm or | ||||||
21 | threats of physical
harm to any
public official, public | ||||||
22 | employee, judge, prosecutor, juror or witness,
senior citizen, | ||||||
23 | child, or person with a disability, whether evidence shows | ||||||
24 | that
during the offense or during the arrest the defendant | ||||||
25 | possessed or used a
firearm, machine gun, explosive or metal |
| |||||||
| |||||||
1 | piercing ammunition or explosive
bomb device or any military | ||||||
2 | or paramilitary armament,
whether the evidence
shows that the | ||||||
3 | offense committed was related to or in furtherance of the
| ||||||
4 | criminal activities of an organized gang or was motivated by | ||||||
5 | the defendant's
membership in or allegiance to an organized | ||||||
6 | gang,
the condition of the
victim, any written statement | ||||||
7 | submitted by the victim or proffer or
representation by the | ||||||
8 | State regarding the
impact which the alleged criminal conduct | ||||||
9 | has had on the victim and the
victim's concern, if any, with | ||||||
10 | further contact with the defendant if
released on bail, | ||||||
11 | whether the offense was based on racial, religious,
sexual | ||||||
12 | orientation or ethnic hatred,
the likelihood of the filing of | ||||||
13 | a greater charge, the likelihood of
conviction, the sentence | ||||||
14 | applicable upon conviction, the weight of the evidence
against | ||||||
15 | such defendant, whether there exists motivation or ability to
| ||||||
16 | flee, whether there is any verification as to prior residence, | ||||||
17 | education,
or family ties in the local jurisdiction, in | ||||||
18 | another county,
state or foreign country, the defendant's | ||||||
19 | employment, financial resources,
character and mental | ||||||
20 | condition, past conduct, prior use of alias names or
dates of | ||||||
21 | birth, and length of residence in the community,
the consent | ||||||
22 | of the defendant to periodic drug testing in accordance with
| ||||||
23 | Section 110-6.5,
whether a foreign national defendant is | ||||||
24 | lawfully admitted in the United
States of America, whether the | ||||||
25 | government of the foreign national
maintains an extradition | ||||||
26 | treaty with the United States by which the foreign
government |
| |||||||
| |||||||
1 | will extradite to the United States its national for a trial | ||||||
2 | for
a crime allegedly committed in the United States, whether | ||||||
3 | the defendant is
currently subject to deportation or exclusion | ||||||
4 | under the immigration laws of
the United States, whether the | ||||||
5 | defendant, although a United States citizen,
is considered | ||||||
6 | under the law of any foreign state a national of that state
for | ||||||
7 | the purposes of extradition or non-extradition to the United | ||||||
8 | States,
the amount of unrecovered proceeds lost as a result of
| ||||||
9 | the alleged offense, the
source of bail funds tendered or | ||||||
10 | sought to be tendered for bail,
whether from the totality of | ||||||
11 | the court's consideration,
the loss of funds posted or sought | ||||||
12 | to be posted for bail will not deter the
defendant from flight, | ||||||
13 | whether the evidence shows that the defendant is
engaged in | ||||||
14 | significant
possession, manufacture, or delivery of a | ||||||
15 | controlled substance or cannabis,
either individually or in | ||||||
16 | consort with others,
whether at the time of the offense
| ||||||
17 | charged he or she was on bond or pre-trial release pending | ||||||
18 | trial, probation,
periodic imprisonment or conditional | ||||||
19 | discharge pursuant to this Code or the
comparable Code of any | ||||||
20 | other state or federal jurisdiction, whether the
defendant is | ||||||
21 | on bond or
pre-trial release pending the imposition or | ||||||
22 | execution of sentence or appeal of
sentence for any offense | ||||||
23 | under the laws of Illinois or any other state or
federal | ||||||
24 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
25 | release, mandatory
supervised release, or
work release from | ||||||
26 | the Illinois Department of Corrections or Illinois Department |
| |||||||
| |||||||
1 | of Juvenile Justice or any penal
institution or corrections | ||||||
2 | department of any state or federal
jurisdiction, the | ||||||
3 | defendant's record of convictions, whether the defendant has | ||||||
4 | been
convicted of a misdemeanor or ordinance offense in | ||||||
5 | Illinois or similar
offense in other state or federal | ||||||
6 | jurisdiction within the 10 years
preceding the current charge | ||||||
7 | or convicted of a felony in Illinois, whether
the defendant | ||||||
8 | was convicted of an offense in another state or federal
| ||||||
9 | jurisdiction that would
be a felony if committed in Illinois | ||||||
10 | within the 20 years preceding the
current charge or has been | ||||||
11 | convicted of such felony and released from the
penitentiary | ||||||
12 | within 20 years preceding the current charge if a
penitentiary | ||||||
13 | sentence was imposed in Illinois or other state or federal
| ||||||
14 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
15 | of delinquency in any
jurisdiction, any record of appearance | ||||||
16 | or failure to appear by
the defendant at
court proceedings, | ||||||
17 | whether there was flight to avoid arrest or
prosecution, | ||||||
18 | whether the defendant escaped or
attempted to escape to avoid | ||||||
19 | arrest, whether the defendant refused to
identify himself or | ||||||
20 | herself, or whether there was a refusal by the defendant to be
| ||||||
21 | fingerprinted as required by law. Information used by the | ||||||
22 | court in its
findings or stated in or
offered in connection | ||||||
23 | with this Section may be by way of proffer based upon
reliable | ||||||
24 | information offered by the State or defendant.
All evidence | ||||||
25 | shall be admissible if it is relevant and
reliable regardless | ||||||
26 | of whether it would be admissible under the rules of
evidence |
| |||||||
| |||||||
1 | applicable at criminal trials.
If the State presents evidence | ||||||
2 | that the offense committed by the defendant
was related to or | ||||||
3 | in furtherance of the criminal activities of an organized
gang | ||||||
4 | or was motivated by the defendant's membership in or | ||||||
5 | allegiance to an
organized gang, and if the court determines | ||||||
6 | that the evidence may be
substantiated, the court shall | ||||||
7 | prohibit the defendant from associating with
other members of | ||||||
8 | the organized gang as a condition of bail or release.
For the | ||||||
9 | purposes of this Section,
"organized gang" has the meaning | ||||||
10 | ascribed to it in Section 10 of the Illinois
Streetgang | ||||||
11 | Terrorism Omnibus Prevention Act.
| ||||||
12 | (a-5) There shall be a presumption that any conditions of | ||||||
13 | release imposed shall be non-monetary in nature and the court | ||||||
14 | shall impose the least restrictive conditions or combination | ||||||
15 | of conditions necessary to reasonably assure the appearance of | ||||||
16 | the defendant for further court proceedings and protect the | ||||||
17 | integrity of
the judicial proceedings from a specific threat | ||||||
18 | to a witness or
participant. Conditions of release may | ||||||
19 | include, but not be limited to, electronic home monitoring, | ||||||
20 | curfews, drug counseling, stay-away orders, and in-person | ||||||
21 | reporting. The court shall consider the defendant's | ||||||
22 | socio-economic circumstance when setting conditions of release | ||||||
23 | or 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 |
| |||||||
| |||||||
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 | ||||||
24 | reasonable cause, the State's Attorney may request a source of | ||||||
25 | bail hearing either before or after the posting of any funds.
| ||||||
26 | If the hearing is granted, before the posting of any bail, the |
| |||||||
| |||||||
1 | accused must file a written notice requesting that the court | ||||||
2 | conduct a source of bail hearing. The notice must be | ||||||
3 | accompanied by justifying affidavits stating the legitimate | ||||||
4 | and lawful source of funds for bail. At the hearing, the court | ||||||
5 | shall inquire into any matters stated in any justifying | ||||||
6 | affidavits, and may also inquire into matters appropriate to | ||||||
7 | the determination which shall include, but are not limited to, | ||||||
8 | the 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 | ||||||
22 | oath, any persons who may possess material information. | ||||||
23 | The State's Attorney has a right to attend the hearing, to | ||||||
24 | call witnesses and to examine any witness in the proceeding. | ||||||
25 | The court shall, upon request of the State's Attorney, | ||||||
26 | continue the proceedings for a reasonable period to allow the |
| |||||||
| |||||||
1 | State's Attorney to investigate the matter raised in any | ||||||
2 | testimony or affidavit.
If the hearing is granted after the | ||||||
3 | accused has posted bail, the court shall conduct a hearing | ||||||
4 | consistent with this subsection (b-5). At the conclusion of | ||||||
5 | the hearing, the court must issue an order either approving or | ||||||
6 | disapproving the bail.
| ||||||
7 | (c) When a person is charged with an offense punishable by | ||||||
8 | fine only the
amount of the bail shall not exceed double the | ||||||
9 | amount of the maximum penalty.
| ||||||
10 | (d) When a person has been convicted of an offense and only | ||||||
11 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
12 | double the amount of
the fine.
| ||||||
13 | (e) The State may appeal any order granting bail or | ||||||
14 | setting
a given amount for bail. | ||||||
15 | (f) When a person is charged with a violation of an order | ||||||
16 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
18 | charged with domestic battery, aggravated domestic battery, | ||||||
19 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
20 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
21 | cyberstalking, harassment by telephone, harassment through | ||||||
22 | electronic communications, or an attempt to commit first | ||||||
23 | degree murder committed against an intimate partner regardless | ||||||
24 | whether an order of protection has been issued against the | ||||||
25 | person, | ||||||
26 | (1) whether the alleged incident involved harassment |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, | ||||||
10 | the court may, in its discretion, order the respondent to | ||||||
11 | undergo a risk assessment evaluation using a recognized, | ||||||
12 | evidence-based instrument conducted by an Illinois Department | ||||||
13 | of Human Services approved partner abuse intervention program | ||||||
14 | provider, pretrial service, probation, or parole agency. These | ||||||
15 | agencies shall have access to summaries of the defendant's | ||||||
16 | criminal history, which shall not include victim interviews or | ||||||
17 | information, for the risk evaluation. Based on the information | ||||||
18 | collected from the 12 points to be considered at a bail hearing | ||||||
19 | under this subsection (f), the results of any risk evaluation | ||||||
20 | conducted and the other circumstances of the violation, the | ||||||
21 | court may order that the person, as a condition of bail, be | ||||||
22 | placed under electronic surveillance as provided in Section | ||||||
23 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
24 | determination whether or not to order the respondent to | ||||||
25 | undergo a risk assessment evaluation or to be placed under | ||||||
26 | electronic surveillance and risk assessment, the court shall |
| |||||||
| |||||||
1 | document in the record the court's reasons for making those | ||||||
2 | determinations. The cost of the electronic surveillance and | ||||||
3 | risk assessment shall be paid by, or on behalf, of the | ||||||
4 | defendant. As used in this subsection (f), "intimate partner" | ||||||
5 | means a spouse or a current or former partner in a cohabitation | ||||||
6 | or dating relationship. | ||||||
7 | (a) In determining which conditions of pretrial release, | ||||||
8 | if
any,
will reasonably ensure the appearance of a defendant | ||||||
9 | as required or
the safety of any other person or the community | ||||||
10 | and the likelihood of
compliance by the
defendant with all the | ||||||
11 | conditions of pretrial release, the court shall, on the
basis | ||||||
12 | of 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
14 | assessment tool to aid its determination of appropriate | ||||||
15 | conditions of release as provided under Section 110-6.4. If a | ||||||
16 | risk assessment tool is used, the defendant's counsel shall be | ||||||
17 | provided with the information and scoring system of the risk | ||||||
18 | assessment tool used to arrive at the determination. The | ||||||
19 | defendant retains the right to challenge the validity of a | ||||||
20 | risk assessment tool used by the court and to present evidence | ||||||
21 | relevant to the defendant's challenge. | ||||||
22 | (c) The court shall impose any conditions that are | ||||||
23 | mandatory under subsection (a) of Section 110-10. The court | ||||||
24 | may impose any conditions that are permissible under | ||||||
25 | subsection (b) of Section 110-10. The conditions of release | ||||||
26 | imposed shall be the least restrictive conditions or |
| |||||||
| |||||||
1 | combination of conditions necessary to reasonably ensure the | ||||||
2 | appearance of the defendant as required or the safety of any | ||||||
3 | other person or persons or the community.
| ||||||
4 | (d) When a person is charged with a violation of a | ||||||
5 | protective order, the court may order the defendant placed | ||||||
6 | under electronic surveillance as a condition of pretrial | ||||||
7 | release, as provided in Section 5-8A-7 of the Unified Code of | ||||||
8 | Corrections, based on the information collected under | ||||||
9 | paragraph (6) of subsection (a) of this Section, the results | ||||||
10 | of any assessment conducted, or other circumstances of the | ||||||
11 | violation. | ||||||
12 | (e) If a person remains in pretrial detention 48 hours | ||||||
13 | after having been ordered released with pretrial conditions, | ||||||
14 | the court shall hold a hearing to determine the reason for | ||||||
15 | continued detention. If the reason for continued detention is | ||||||
16 | due to the unavailability or the defendant's ineligibility for | ||||||
17 | one or more pretrial conditions previously ordered by the | ||||||
18 | court or directed by a pretrial services agency, the court | ||||||
19 | shall reopen the conditions of release hearing to determine | ||||||
20 | what available pretrial conditions exist that will reasonably | ||||||
21 | ensure the appearance of a defendant as required, the safety | ||||||
22 | of any other person, and the likelihood of compliance by the | ||||||
23 | defendant with all the conditions of pretrial release. The | ||||||
24 | inability of the defendant to pay for a condition of release or | ||||||
25 | any other ineligibility for a condition of pretrial release | ||||||
26 | shall not be used as a justification for the pretrial |
| |||||||
| |||||||
1 | detention of that defendant. | ||||||
2 | (f) Prior to the defendant's first appearance, and with | ||||||
3 | sufficient time for meaningful attorney-client contact to | ||||||
4 | gather information in order to advocate effectively for the | ||||||
5 | defendant's pretrial release, the court shall appoint the | ||||||
6 | public defender or a licensed attorney at law of this State to | ||||||
7 | represent the defendant for purposes of that hearing, unless | ||||||
8 | the defendant has obtained licensed counsel. Defense counsel | ||||||
9 | shall have access to the same documentary information relied | ||||||
10 | upon by the prosecution and presented to the court. | ||||||
11 | (f-5) At each subsequent appearance of the defendant | ||||||
12 | before the court, the judge must find that the current | ||||||
13 | conditions imposed are necessary to reasonably ensure the | ||||||
14 | appearance of the defendant as required, the safety of any | ||||||
15 | other person, and the compliance of the defendant with all the | ||||||
16 | conditions of pretrial release. The court is not required to | ||||||
17 | be presented with new information or a change in circumstance | ||||||
18 | to remove pretrial conditions. | ||||||
19 | (g) Electronic monitoring, GPS monitoring, or home | ||||||
20 | confinement can only be imposed as a condition of pretrial | ||||||
21 | release if a no less restrictive condition of release or | ||||||
22 | combination of less restrictive condition of release would | ||||||
23 | reasonably ensure the appearance of the defendant for later | ||||||
24 | hearings or protect an identifiable person or persons from | ||||||
25 | imminent threat of serious physical harm. | ||||||
26 | (h) If the court imposes electronic monitoring, GPS |
| |||||||
| |||||||
1 | monitoring, or home confinement, the court shall set forth in | ||||||
2 | the record the basis for its finding. A defendant shall be | ||||||
3 | given custodial credit for each day he or she was subjected to | ||||||
4 | home confinement, at the same rate described in subsection (b) | ||||||
5 | of Section 5-4.5-100 of the Unified Code of Corrections. The | ||||||
6 | court may give custodial credit to a defendant for each day the | ||||||
7 | defendant was subjected to GPS monitoring without home | ||||||
8 | confinement or electronic monitoring without home confinement. | ||||||
9 | (i) If electronic monitoring, GPS monitoring, or home | ||||||
10 | confinement is imposed, the court shall determine every 60 | ||||||
11 | days if no less restrictive condition of release or | ||||||
12 | combination of less restrictive conditions of release would | ||||||
13 | reasonably ensure the appearance, or continued appearance, of | ||||||
14 | the defendant for later hearings or protect an identifiable | ||||||
15 | person or persons from imminent threat of serious physical | ||||||
16 | harm. If the court finds that there are less restrictive | ||||||
17 | conditions of release, the court shall order that the | ||||||
18 | condition be removed. This subsection takes effect January 1, | ||||||
19 | 2022. | ||||||
20 | (j) Crime Victims shall be given notice by the State's | ||||||
21 | Attorney's office of this hearing as required in paragraph (1) | ||||||
22 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
23 | and Witnesses Act and shall be informed of their opportunity | ||||||
24 | at this hearing to obtain a protective order.
| ||||||
25 | (k) The State and defendants may appeal court orders | ||||||
26 | imposing conditions of pretrial release. |
| |||||||
| |||||||
1 | (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; | ||||||
2 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. | ||||||
3 | 1-1-23.)
| ||||||
4 | (725 ILCS 5/110-5.2) | ||||||
5 | Sec. 110-5.2. Bail Pretrial release ; pregnant pre-trial | ||||||
6 | detainee. | ||||||
7 | (a) It is the policy of this State that a pre-trial | ||||||
8 | detainee shall not be required to deliver a child while in | ||||||
9 | custody absent a finding by the court that continued pre-trial | ||||||
10 | custody is necessary to protect the public or the victim of
the | ||||||
11 | offense on which the charge is based alleviate a real and | ||||||
12 | present threat to the safety of any person or persons or the | ||||||
13 | community, based on the specific articulable facts of the | ||||||
14 | case, or prevent the defendant's willful flight . | ||||||
15 | (b) If the court reasonably believes that a pre-trial | ||||||
16 | detainee will give birth while in custody, the court shall | ||||||
17 | order an alternative to custody unless, after a hearing, the | ||||||
18 | court 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 |
| |||||||
| |||||||
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 | ||||||
13 | to be subject to electronic monitoring as
a condition of | ||||||
14 | pre-trial release or order other condition or
combination of | ||||||
15 | conditions the court reasonably determines are
in the best | ||||||
16 | interest of the detainee and the public. Electronic Monitoring | ||||||
17 | may be ordered by the court only if no less restrictive | ||||||
18 | condition of release or combination of less restrictive | ||||||
19 | conditions of release would reasonably ensure the appearance, | ||||||
20 | or continued appearance, of the defendant for later hearings | ||||||
21 | or protect an identifiable person or persons from imminent | ||||||
22 | threat of serious physical harm. All pregnant people or those | ||||||
23 | who have given birth within 6 weeks shall be granted ample | ||||||
24 | movement to attend doctor's appointments and for emergencies | ||||||
25 | related to the health of the pregnancy, infant, or postpartum | ||||||
26 | person. |
| |||||||
| |||||||
1 | (d) This Section shall be applicable to a pregnant | ||||||
2 | pre-trial detainee in custody on or after the effective date | ||||||
3 | of 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 | ||||||
7 | of pretrial release, modification of conditions of pretrial | ||||||
8 | release, and sanctions for violations of conditions of | ||||||
9 | pretrial release . | ||||||
10 | (a) Upon verified application by
the State or the | ||||||
11 | defendant or on its own motion the court before which the
| ||||||
12 | proceeding is
pending may increase or reduce the amount of | ||||||
13 | bail or may alter the
conditions of the bail bond or grant bail | ||||||
14 | where it has been previously
revoked or denied.
If bail has | ||||||
15 | been previously revoked pursuant to subsection (f) of this
| ||||||
16 | Section or if bail has been denied to the defendant pursuant to | ||||||
17 | subsection
(e) of Section 110-6.1 or subsection (e) of Section | ||||||
18 | 110-6.3, the defendant
shall
be required to present a
verified | ||||||
19 | application setting forth in detail any new facts not known or
| ||||||
20 | obtainable at the time of the previous revocation or denial of | ||||||
21 | bail
proceedings. If the court grants bail where it has been | ||||||
22 | previously revoked
or denied, the court shall state on the | ||||||
23 | record of the proceedings the
findings of facts and conclusion | ||||||
24 | of law upon which such order is based.
| ||||||
25 | (a-5) In addition to any other available motion or |
| |||||||
| |||||||
1 | procedure under this Code, a person in custody solely for a | ||||||
2 | Category B offense due to an inability to post monetary bail | ||||||
3 | shall be brought before the court at the next available court | ||||||
4 | date or 7 calendar days from the date bail was set, whichever | ||||||
5 | is earlier, for a rehearing on the amount or conditions of bail | ||||||
6 | or release pending further court proceedings. The court may | ||||||
7 | reconsider conditions of release for any other person whose | ||||||
8 | inability to post monetary bail is the sole reason for | ||||||
9 | continued incarceration, including a person in custody for a | ||||||
10 | Category A offense or a Category A offense and a Category B | ||||||
11 | offense. The court may deny the rehearing permitted under this | ||||||
12 | subsection (a-5) if the person has failed to appear as | ||||||
13 | required before the court and is incarcerated based on a | ||||||
14 | warrant for failure to appear on the same original criminal | ||||||
15 | offense. | ||||||
16 | (b) Violation of the conditions of Section
110-10 of this | ||||||
17 | Code or any special conditions of bail as ordered by the
court | ||||||
18 | shall constitute grounds for the court to increase
the amount | ||||||
19 | of bail, or otherwise alter the conditions of bail, or, where
| ||||||
20 | the alleged offense committed on bail is a forcible felony in | ||||||
21 | Illinois or
a Class 2 or greater offense under the Illinois
| ||||||
22 | Controlled Substances Act, the
Cannabis Control Act, or the | ||||||
23 | Methamphetamine Control and Community Protection Act, revoke | ||||||
24 | bail
pursuant to the appropriate provisions of subsection (e) | ||||||
25 | of this
Section.
| ||||||
26 | (c) Reasonable notice of such application by the defendant |
| |||||||
| |||||||
1 | shall be
given to the State.
| ||||||
2 | (d) Reasonable notice of such application by the State | ||||||
3 | shall be
given to the defendant, except as provided in | ||||||
4 | subsection (e).
| ||||||
5 | (e) Upon verified application by the State stating facts | ||||||
6 | or
circumstances constituting a violation or a threatened
| ||||||
7 | violation of any of the
conditions of the bail bond the court | ||||||
8 | may issue a warrant commanding any
peace officer to bring the | ||||||
9 | defendant without unnecessary delay before
the court for a | ||||||
10 | hearing on the matters set forth in the application. If
the | ||||||
11 | actual court before which the proceeding is pending is absent | ||||||
12 | or
otherwise unavailable another court may issue a warrant | ||||||
13 | pursuant to this
Section. When the defendant is charged with a | ||||||
14 | felony offense and while
free on bail is charged with a | ||||||
15 | subsequent felony offense and is the subject
of a proceeding | ||||||
16 | set forth in Section 109-1 or 109-3 of this Code, upon the
| ||||||
17 | filing of a verified petition by the State alleging a | ||||||
18 | violation of Section
110-10 (a) (4) of this Code, the court | ||||||
19 | shall without prior notice to the
defendant, grant leave to | ||||||
20 | file such application and shall order the
transfer of the | ||||||
21 | defendant and the application without unnecessary delay to
the | ||||||
22 | court before which the previous felony matter is pending for a | ||||||
23 | hearing
as provided in subsection (b) or this subsection of | ||||||
24 | this Section. The
defendant shall be held
without bond pending | ||||||
25 | transfer to and a hearing before such court. At
the conclusion | ||||||
26 | of the hearing based on a violation of the conditions of
|
| |||||||
| |||||||
1 | Section 110-10 of this Code or any special conditions of bail | ||||||
2 | as ordered by
the court the court may enter an order
increasing | ||||||
3 | the amount of bail or alter the conditions of bail as deemed
| ||||||
4 | appropriate.
| ||||||
5 | (f) Where the alleged violation consists of the violation | ||||||
6 | of
one or more felony statutes of any jurisdiction which would | ||||||
7 | be a
forcible felony in Illinois or a Class 2 or greater | ||||||
8 | offense under the
Illinois Controlled Substances Act, the
| ||||||
9 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
10 | Community Protection Act and the
defendant is on bail for the | ||||||
11 | alleged
commission of a felony, or where the defendant is on | ||||||
12 | bail for a felony
domestic battery (enhanced pursuant to | ||||||
13 | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012), aggravated
domestic battery, | ||||||
15 | aggravated battery, unlawful restraint, aggravated unlawful
| ||||||
16 | restraint or domestic battery in violation
of item (1) of | ||||||
17 | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
18 | or the Criminal Code of 2012
against a
family or household | ||||||
19 | member as defined in Section 112A-3 of this Code and the
| ||||||
20 | violation is an offense of domestic battery against
the same | ||||||
21 | victim the court shall, on the motion of the State
or its own | ||||||
22 | motion, revoke bail
in accordance with the following | ||||||
23 | provisions:
| ||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | increased or reduced
the amount of bail or altered the | ||||||
8 | conditions of the bail bond or granted bail where it has | ||||||
9 | previously been revoked. | ||||||
10 | (a) When a defendant has previously been granted pretrial | ||||||
11 | release under this Section for a felony or Class A | ||||||
12 | misdemeanor, that pretrial release may be revoked only if the | ||||||
13 | defendant is charged with a felony or Class A misdemeanor that | ||||||
14 | is alleged to have occurred during the defendant's pretrial | ||||||
15 | release after a hearing on the court's own motion or upon the | ||||||
16 | filing of a verified petition by the State. | ||||||
17 | When a defendant released pretrial is charged with a | ||||||
18 | violation of a protective order or was previously convicted of | ||||||
19 | a violation of a protective order and the subject of the | ||||||
20 | protective order is the same person as the victim in the | ||||||
21 | current underlying matter, the State shall file a verified | ||||||
22 | petition seeking revocation of pretrial release. | ||||||
23 | Upon the filing of a petition or upon motion of the court | ||||||
24 | seeking revocation, the court shall order the transfer of the | ||||||
25 | defendant and the petition or motion to the court before which | ||||||
26 | the previous felony or Class A misdemeanor is pending. The |
| |||||||
| |||||||
1 | defendant may be held in custody pending transfer to and a | ||||||
2 | hearing before such court. The defendant shall be transferred | ||||||
3 | to the court before which the previous matter is pending | ||||||
4 | without unnecessary delay, and the revocation hearing shall | ||||||
5 | occur within 72 hours of the filing of the State's petition or | ||||||
6 | the court's motion for revocation. | ||||||
7 | A hearing at which pretrial release may be revoked must be | ||||||
8 | conducted in person (and not by way of two-way audio-visual | ||||||
9 | communication) unless the accused waives the right to be | ||||||
10 | present physically in court, the court determines that the | ||||||
11 | physical health and safety of any person necessary to the | ||||||
12 | proceedings would be endangered by appearing in court, or the | ||||||
13 | chief judge of the circuit orders use of that system due to | ||||||
14 | operational challenges in conducting the hearing in person. | ||||||
15 | Such operational challenges must be documented and approved by | ||||||
16 | the chief judge of the circuit, and a plan to address the | ||||||
17 | challenges through reasonable efforts must be presented and | ||||||
18 | approved by the Administrative Office of the Illinois Courts | ||||||
19 | every 6 months. | ||||||
20 | The court before which the previous felony matter or Class | ||||||
21 | A misdemeanor is pending may revoke the defendant's pretrial | ||||||
22 | release after a hearing. During the hearing for revocation, | ||||||
23 | the defendant shall be represented by counsel and have an | ||||||
24 | opportunity to be heard regarding the violation and evidence | ||||||
25 | in mitigation. The court shall consider all relevant | ||||||
26 | circumstances, including, but not limited to, the nature and |
| |||||||
| |||||||
1 | seriousness of the violation or criminal act alleged. The | ||||||
2 | State shall bear the burden of proving, by clear and | ||||||
3 | convincing evidence, that no condition or combination of | ||||||
4 | conditions of release would reasonably ensure the appearance | ||||||
5 | of the defendant for later hearings or prevent the defendant | ||||||
6 | from being charged with a subsequent felony or Class A | ||||||
7 | misdemeanor. | ||||||
8 | In lieu of revocation, the court may release the defendant | ||||||
9 | pre-trial, with or without modification of conditions of | ||||||
10 | pretrial release. | ||||||
11 | If the case that caused the revocation is dismissed, the | ||||||
12 | defendant is found not guilty in the case causing the | ||||||
13 | revocation, or the defendant completes a lawfully imposed | ||||||
14 | sentence on the case causing the revocation, the court shall, | ||||||
15 | without unnecessary delay, hold a hearing on conditions of | ||||||
16 | pretrial release pursuant to Section 110-5 and release the | ||||||
17 | defendant with or without modification of conditions of | ||||||
18 | pretrial release. | ||||||
19 | Both the State and the defendant may appeal an order | ||||||
20 | revoking pretrial release or denying a petition for revocation | ||||||
21 | of release. | ||||||
22 | (b) If a defendant previously has been granted pretrial | ||||||
23 | release under this Section for a Class B or Class C misdemeanor | ||||||
24 | offense, a petty or business offense, or an ordinance | ||||||
25 | violation and if the defendant is subsequently charged with a | ||||||
26 | felony that is alleged to have occurred during the defendant's |
| |||||||
| |||||||
1 | pretrial release or a Class A misdemeanor offense that is | ||||||
2 | alleged to have occurred during the defendant's pretrial | ||||||
3 | release, such pretrial release may not be revoked, but the | ||||||
4 | court may impose sanctions under subsection (c). | ||||||
5 | (c) The court shall follow the procedures set forth in | ||||||
6 | Section 110-3 to ensure the defendant's appearance in court if | ||||||
7 | the 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, | ||||||
24 | the court may issue a warrant specifying that the defendant | ||||||
25 | must appear before the court for a hearing for sanctions and | ||||||
26 | may not be released by law enforcement before that appearance. |
| |||||||
| |||||||
1 | (d) When a defendant appears in court pursuant to a | ||||||
2 | summons or warrant issued in accordance with Section 110-3 or | ||||||
3 | after being arrested for an offense that is alleged to have | ||||||
4 | occurred during the defendant's pretrial release, the State | ||||||
5 | may file a verified petition requesting a hearing for | ||||||
6 | sanctions. | ||||||
7 | (e) During the hearing for sanctions, the defendant shall | ||||||
8 | be represented by counsel and have an opportunity to be heard | ||||||
9 | regarding the violation and evidence in mitigation. The State | ||||||
10 | shall bear the burden of proving by clear and convincing | ||||||
11 | evidence 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 | ||||||
20 | include: | ||||||
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. |
| |||||||
| |||||||
1 | (g) The court may, at any time, after motion by either | ||||||
2 | party or on its own motion, remove previously set conditions | ||||||
3 | of pretrial release, subject to the provisions in this | ||||||
4 | subsection. The court may only add or increase conditions of | ||||||
5 | pretrial release at a hearing under this Section. | ||||||
6 | The court shall not remove a previously set condition of | ||||||
7 | pretrial release regulating contact with a victim or witness | ||||||
8 | in the case, unless the subject of the condition has been given | ||||||
9 | notice of the hearing as required in paragraph (1) of | ||||||
10 | subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
11 | and Witnesses Act. If the subject of the condition of release | ||||||
12 | is not present, the court shall follow the procedures of | ||||||
13 | paragraph (10) of subsection (c-1) of the Rights of Crime | ||||||
14 | Victims and Witnesses Act. | ||||||
15 | (h) Crime victims shall be given notice by the State's | ||||||
16 | Attorney's office of all hearings under this Section as | ||||||
17 | required in paragraph (1) of subsection (b) of Section 4.5 of | ||||||
18 | the Rights of Crime Victims and Witnesses Act and shall be | ||||||
19 | informed of their opportunity at these hearings to obtain a | ||||||
20 | protective order.
| ||||||
21 | (i) Nothing in this Section shall be construed to limit | ||||||
22 | the State's ability to file a verified petition seeking denial | ||||||
23 | of pretrial release under subsection (a) of Section 110-6.1 or | ||||||
24 | subdivision (d)(2) of Section 110-6.1. | ||||||
25 | (j) At each subsequent appearance of the defendant before | ||||||
26 | the court, the judge must find that continued detention under |
| |||||||
| |||||||
1 | this Section is necessary to reasonably ensure the appearance | ||||||
2 | of the defendant for later hearings or to prevent the | ||||||
3 | defendant from being charged with a subsequent felony or Class | ||||||
4 | A 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 | ||||||
8 | offenses pretrial release .
| ||||||
9 | (a) Upon verified petition by the State, the court shall | ||||||
10 | hold a hearing to
determine whether bail should be denied to a | ||||||
11 | defendant who is charged with
a felony offense for which a | ||||||
12 | sentence of imprisonment, without probation,
periodic | ||||||
13 | imprisonment or conditional discharge, is required by law upon
| ||||||
14 | conviction, when it is alleged that the defendant's admission | ||||||
15 | to bail poses
a real and present threat to the physical safety | ||||||
16 | of 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 |
| |||||||
| |||||||
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 | ||||||
7 | the 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | dangerousness.
The court may, in determining whether the | ||||||
2 | defendant poses a real and
present threat to the physical | ||||||
3 | safety of any person or persons, consider but
shall not be | ||||||
4 | limited 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 |
| |||||||
| |||||||
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 | ||||||
16 | detention:
| ||||||
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
|
| |||||||
| |||||||
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 | ||||||
5 | defendant
pursuant to subsection (e) of this Section, the | ||||||
6 | defendant
shall be brought to trial on the offense for which he | ||||||
7 | is
detained within 90 days after the date on which the order | ||||||
8 | for detention was
entered. If the defendant is not brought to | ||||||
9 | trial within the 90 day period
required by the preceding | ||||||
10 | sentence, he shall not be held longer without
bail. In | ||||||
11 | computing the 90 day period, the court shall omit any period of
| ||||||
12 | delay resulting from a continuance granted at the request of | ||||||
13 | the defendant.
| ||||||
14 | (g) Rights of the defendant. Any person shall be entitled | ||||||
15 | to appeal any
order entered under this Section denying bail to | ||||||
16 | the defendant.
| ||||||
17 | (h) The State may appeal any order entered under this | ||||||
18 | Section denying any
motion for denial of bail.
| ||||||
19 | (i) Nothing in this Section shall be construed as | ||||||
20 | modifying or limiting
in any way the defendant's presumption | ||||||
21 | of innocence in further criminal
proceedings. | ||||||
22 | (a) Upon verified petition by the State, the court shall | ||||||
23 | hold a hearing and may deny a defendant pretrial release only | ||||||
24 | if: | ||||||
25 | (1) the defendant is charged with
a felony offense | ||||||
26 | other than a forcible felony for which, based on the |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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); |
| |||||||
| |||||||
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); |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
16 | detention hearing, the court shall determine whether there is | ||||||
17 | probable cause the defendant has committed an offense, unless | ||||||
18 | a hearing pursuant to Section 109-3 of this Code has already | ||||||
19 | been held or a grand jury has returned a true bill of | ||||||
20 | indictment against the defendant. If there is a finding of no | ||||||
21 | probable cause, the defendant shall be released. No such | ||||||
22 | finding is necessary if the defendant is charged with a | ||||||
23 | misdemeanor. | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
5 | for pretrial release, and the State shall bear the burden of | ||||||
6 | proving 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
21 | dangerousness.
The court may, in determining whether the | ||||||
22 | defendant poses a real and present threat to the safety of any | ||||||
23 | person or persons or the community, based on the specific | ||||||
24 | articulable facts of the case, consider, but
shall not be | ||||||
25 | limited to, evidence or testimony concerning:
| ||||||
26 | (1) The nature and circumstances of any offense |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
12 | detention:
| ||||||
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
|
| |||||||
| |||||||
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 | ||||||
5 | detention of the defendant
pursuant to subsection (e) of this | ||||||
6 | Section, the defendant
shall be brought to trial on the | ||||||
7 | offense for which he is
detained within 90 days after the date | ||||||
8 | on which the order for detention was
entered. If the defendant | ||||||
9 | is not brought to trial within the 90-day period
required by | ||||||
10 | the preceding sentence, he shall not be denied pretrial | ||||||
11 | release. In computing the 90-day period, the court shall omit | ||||||
12 | any period of
delay resulting from a continuance granted at | ||||||
13 | the request of the defendant and any period of delay resulting | ||||||
14 | from a continuance granted at the request of the State with | ||||||
15 | good cause shown pursuant to Section 103-5.
| ||||||
16 | (i-5) At each subsequent appearance of the defendant | ||||||
17 | before the court, the judge must find that continued detention | ||||||
18 | is necessary to avoid a real and present threat to the safety | ||||||
19 | of any person or persons or the community, based on the | ||||||
20 | specific articulable facts of the case, or to prevent the | ||||||
21 | defendant's willful flight from prosecution. | ||||||
22 | (j) Rights of the defendant. The defendant shall be | ||||||
23 | entitled to appeal any
order entered under this Section | ||||||
24 | denying his or her pretrial release.
| ||||||
25 | (k) Appeal. The State may appeal any order entered under | ||||||
26 | this Section denying any
motion for denial of pretrial |
| |||||||
| |||||||
1 | release.
| ||||||
2 | (l) Presumption of innocence. Nothing in this Section | ||||||
3 | shall be construed as modifying or limiting
in any way the | ||||||
4 | defendant's presumption of innocence in further criminal
| ||||||
5 | proceedings. | ||||||
6 | (m) Interest of victims. | ||||||
7 | (1) Crime victims shall be given notice by the State's | ||||||
8 | Attorney's office of this hearing as required in paragraph (1) | ||||||
9 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
10 | and Witnesses Act and shall be informed of their opportunity | ||||||
11 | at this hearing to obtain a protective order.
| ||||||
12 | (2) If the defendant is denied pretrial release, the court | ||||||
13 | may impose a no contact provision with the victim or other | ||||||
14 | interested party that shall be enforced while the defendant | ||||||
15 | remains 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 | ||||||
20 | guilty of an offense and who is waiting
imposition or | ||||||
21 | execution of sentence be held without release bond unless the | ||||||
22 | court finds by
clear and convincing evidence that the person | ||||||
23 | is not likely to flee or pose
a danger to any other person or | ||||||
24 | the community if released under Sections
110-5 and 110-10 of | ||||||
25 | this Act.
|
| |||||||
| |||||||
1 | (b) The court may order that person who has been found | ||||||
2 | guilty of an
offense and sentenced to a term of imprisonment be | ||||||
3 | held without release bond
unless the court finds by clear and | ||||||
4 | convincing 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 | ||||||
14 | Court may establish a statewide risk-assessment tool to be | ||||||
15 | used in proceedings to assist the court in establishing | ||||||
16 | conditions of pretrial release bail for a defendant by | ||||||
17 | assessing the defendant's likelihood of appearing at future | ||||||
18 | court proceedings or determining if the defendant poses a real | ||||||
19 | and present threat to the physical safety of any person or | ||||||
20 | persons. The Supreme Court shall consider establishing a | ||||||
21 | risk-assessment tool that does not discriminate on the basis | ||||||
22 | of race, gender, educational level, socio-economic status, or | ||||||
23 | neighborhood. If a risk-assessment tool is utilized within a | ||||||
24 | circuit that does not require a personal interview to be | ||||||
25 | completed, the Chief Judge of the circuit or the director of |
| |||||||
| |||||||
1 | the pretrial services agency may exempt the requirement under | ||||||
2 | Section 9 and subsection (a) of Section 7 of the Pretrial | ||||||
3 | Services Act. | ||||||
4 | For the purpose of this Section, "risk-assessment tool" | ||||||
5 | means an empirically validated, evidence-based screening | ||||||
6 | instrument that demonstrates reduced instances of a | ||||||
7 | defendant's failure to appear for further court proceedings or | ||||||
8 | prevents future criminal activity.
| ||||||
9 | (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
10 | 101-652.)
| ||||||
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 | ||||||
14 | upon payment of
bail security or on his or her own | ||||||
15 | recognizance, the conditions of pretrial release the bail
bond | ||||||
16 | shall 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;
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 | ||||||
8 | shall be completed
promptly
and made available to the State, | ||||||
9 | the defendant, and the court. As a further
condition of | ||||||
10 | pretrial release bail under
these circumstances, the court | ||||||
11 | shall order the defendant to refrain from
entering upon the
| ||||||
12 | property of the school, including any conveyance owned, | ||||||
13 | leased, or contracted
by a school to
transport students to or | ||||||
14 | from school or a school-related activity, or on any public way | ||||||
15 | within
1,000 feet of real property comprising any school. Upon | ||||||
16 | receipt of the psychological evaluation,
either the State or | ||||||
17 | the defendant may request a change in the conditions of | ||||||
18 | pretrial release bail , pursuant to
Section 110-6 of this Code. | ||||||
19 | The court may change the conditions of pretrial release bail | ||||||
20 | to include a
requirement that the defendant follow the | ||||||
21 | recommendations of the psychological evaluation,
including | ||||||
22 | undergoing psychiatric treatment. The conclusions of the
| ||||||
23 | psychological evaluation and
any statements elicited from the | ||||||
24 | defendant during its administration are not
admissible as | ||||||
25 | evidence
of guilt during the course of any trial on the charged | ||||||
26 | offense, unless the
defendant places his or her
mental |
| |||||||
| |||||||
1 | competency in issue.
| ||||||
2 | (b) The court may impose other conditions, such as the | ||||||
3 | following, if the
court finds that such conditions are | ||||||
4 | reasonably necessary to assure the
defendant's appearance in | ||||||
5 | court, protect the public from the defendant, or
prevent the | ||||||
6 | defendant's unlawful interference with the orderly | ||||||
7 | administration
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
17 | when it is determined that they are necessary to ensure the | ||||||
18 | defendant's appearance in court, ensure the defendant does not | ||||||
19 | commit any criminal offense, ensure the defendant complies | ||||||
20 | with all conditions of pretrial release,
prevent the | ||||||
21 | defendant's unlawful interference with the orderly | ||||||
22 | administration
of justice, or ensure compliance with the rules | ||||||
23 | and procedures of problem solving courts. However, conditions | ||||||
24 | shall include the least restrictive means and be | ||||||
25 | individualized. Conditions shall not mandate rehabilitative | ||||||
26 | services unless directly tied to the risk of pretrial |
| |||||||
| |||||||
1 | misconduct. Conditions of supervision shall not include | ||||||
2 | punitive measures such as community service work or | ||||||
3 | restitution. 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 |
| |||||||
| |||||||
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 | ||||||
22 | notification of conditions of pretrial release and future | ||||||
23 | court dates, including the date, time, and location of court.
| ||||||
24 | (c) When a person is charged with an offense under Section | ||||||
25 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
26 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
2 | 18 years of age living in the same household with the defendant
| ||||||
3 | at the time of the offense, in granting bail or releasing the | ||||||
4 | defendant on
his own recognizance , the judge shall impose | ||||||
5 | conditions to restrict the
defendant's access to the victim | ||||||
6 | which may include, but are not limited to
conditions that he | ||||||
7 | will:
| ||||||
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 | ||||||
14 | the victim is
a family or household member as defined in | ||||||
15 | Article 112A, conditions shall
be imposed at the time of the | ||||||
16 | defendant's release on bond that restrict the
defendant's | ||||||
17 | access to the victim.
Unless provided otherwise by the court, | ||||||
18 | the
restrictions shall include
requirements that the defendant | ||||||
19 | do 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 |
| |||||||
| |||||||
1 | standardized pretrial release bond forms
for use in cases | ||||||
2 | involving family or household members as defined in
Article | ||||||
3 | 112A, including specific conditions of pretrial release bond | ||||||
4 | as provided in
subsection (d). Failure of any law enforcement | ||||||
5 | department to develop or use
those forms shall in no way limit | ||||||
6 | the applicability and enforcement of
subsections (d) and (f).
| ||||||
7 | (f) If the defendant is released admitted to bail after | ||||||
8 | conviction following appeal or other post-conviction | ||||||
9 | proceeding, the
conditions of the pretrial release bail bond | ||||||
10 | shall be that he will, in addition to the
conditions set forth | ||||||
11 | in 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 | ||||||
22 | defendant shall
physically surrender, at a time and place | ||||||
23 | designated by the court,
any and all firearms in his or her | ||||||
24 | possession and his or her Firearm Owner's
Identification Card | ||||||
25 | as a condition of being released remaining on bond pending | ||||||
26 | sentencing.
|
| |||||||
| |||||||
1 | (h) In the event the defendant is unable to post bond, the | ||||||
2 | court may impose a no contact provision with the victim or | ||||||
3 | other interested party that shall be enforced while the | ||||||
4 | defendant remains in custody. | ||||||
5 | (Source: P.A. 101-138, eff. 1-1-20; 101-652; eff. 1-1-23; | ||||||
6 | 102-1104, 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 | ||||||
9 | judgment of conviction is reversed and the cause remanded for | ||||||
10 | a
new trial the trial court may order that the conditions of | ||||||
11 | pretrial release bail stand pending such trial,
or modify the | ||||||
12 | conditions 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 | ||||||
16 | has been admitted to bail pretrial release shall file a | ||||||
17 | written notice with the
clerk of the court before which the | ||||||
18 | proceeding is pending of any change in
his or her address | ||||||
19 | within 24 hours after such change, except that a
defendant who
| ||||||
20 | has been admitted to bail pretrial release for a forcible | ||||||
21 | felony as defined in Section 2-8 of
the Criminal Code of 2012 | ||||||
22 | shall
file a written notice with the clerk of the court before | ||||||
23 | which the proceeding
is pending and the clerk shall | ||||||
24 | immediately deliver a time stamped copy of the
written notice |
| |||||||
| |||||||
1 | to the State's Attorney prosecutor charged with the | ||||||
2 | prosecution within 24
hours prior to such change. The address | ||||||
3 | of a defendant who has been admitted
to bail pretrial release | ||||||
4 | shall at all times remain a matter of public record with the | ||||||
5 | clerk 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 | ||||||
10 | incarceration on bailable offense; credit against monetary | ||||||
11 | bail for certain offenses . | ||||||
12 | (a) Any person denied pretrial release incarcerated on a | ||||||
13 | bailable offense who does not supply
bail and against whom a | ||||||
14 | fine is levied on conviction of the offense
shall be | ||||||
15 | automatically credited allowed a credit of $30 for each day so | ||||||
16 | incarcerated upon application
of the defendant. However,
in no | ||||||
17 | case shall the amount so allowed or
credited exceed the amount | ||||||
18 | of the fine. | ||||||
19 | (b) Subsection (a) does not apply to a person incarcerated | ||||||
20 | for 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 , | ||||||
23 | before January 1, 2023, shall have $30 deducted from his or her | ||||||
24 | 10% cash bond amount every day the person is incarcerated. The | ||||||
25 | sheriff shall calculate and apply this $30 per day reduction |
| |||||||
| |||||||
1 | and send notice to the circuit clerk if a defendant's 10% cash | ||||||
2 | bond amount is reduced to $0, at which point the defendant | ||||||
3 | shall be released upon his or her own recognizance.
| ||||||
4 | (d) The court may deny the incarceration credit in | ||||||
5 | subsection (c) of this Section if the person has failed to | ||||||
6 | appear as required before the court and is incarcerated based | ||||||
7 | on a warrant for failure to appear on the same original | ||||||
8 | criminal 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. | ||||||
11 | Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. | ||||||
12 | 12-17-21. 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 | ||||||
16 | or by indictment. No prosecution may be
pursued by information | ||||||
17 | unless a preliminary hearing has been held or
waived in | ||||||
18 | accordance with Section 109-3 and at that hearing probable
| ||||||
19 | cause to believe the defendant committed an offense was found, | ||||||
20 | and the
provisions of Section 109-3.1 of this Code have been | ||||||
21 | complied with.
| ||||||
22 | (b) All other prosecutions may be by indictment, | ||||||
23 | information or
complaint.
| ||||||
24 | (c) Upon the filing of an information or indictment in | ||||||
25 | open
court charging the defendant with the commission of a sex |
| |||||||
| |||||||
1 | offense
defined in any Section of Article 11 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012,
and a minor as | ||||||
3 | defined in Section 1-3 of the Juvenile
Court Act of 1987 is | ||||||
4 | alleged to be the victim of the
commission of the acts of the | ||||||
5 | defendant in the commission of
such offense, the court may | ||||||
6 | appoint a guardian ad litem for the
minor as provided in | ||||||
7 | Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of | ||||||
8 | 1987.
| ||||||
9 | (d) Upon the filing of an information or indictment in | ||||||
10 | open court,
the court shall immediately issue a warrant for | ||||||
11 | the arrest of each
person charged with an offense directed to a | ||||||
12 | peace officer or some other
person specifically named | ||||||
13 | commanding him to arrest such person.
| ||||||
14 | (e) When the offense is eligible for pretrial release | ||||||
15 | bailable , the judge shall endorse on the
warrant the | ||||||
16 | conditions of pretrial release amount of bail required by the | ||||||
17 | order of the court, and if
the court orders the process | ||||||
18 | returnable forthwith, the warrant shall
require that the | ||||||
19 | accused be arrested and brought immediately into court.
| ||||||
20 | (f) Where the prosecution of a felony is by information or | ||||||
21 | complaint
after preliminary hearing, or after a waiver of | ||||||
22 | preliminary hearing in
accordance with paragraph (a) of this | ||||||
23 | Section, such prosecution may be
for all offenses, arising | ||||||
24 | from the same transaction or conduct of a
defendant even | ||||||
25 | though the complaint or complaints filed at the
preliminary | ||||||
26 | hearing charged only one or some of the offenses arising
from |
| |||||||
| |||||||
1 | that 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 | ||||||
6 | order,
whether issued in a civil, quasi-criminal proceeding or | ||||||
7 | by a military tribunal, shall be
enforced by a
criminal court | ||||||
8 | when:
| ||||||
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.
|
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 | ||||||
9 | any valid protective order, whether issued in a civil or | ||||||
10 | criminal
proceeding or by a military tribunal, may be enforced | ||||||
11 | through civil or criminal contempt procedures,
as appropriate, | ||||||
12 | by any court with jurisdiction, regardless where the act or
| ||||||
13 | acts which violated the protective order were committed, to | ||||||
14 | the extent
consistent with the venue provisions of this | ||||||
15 | Article. Nothing in this
Article shall preclude any Illinois | ||||||
16 | court from enforcing any valid protective order issued in | ||||||
17 | another state. Illinois courts may enforce protective orders | ||||||
18 | through both criminal prosecution and contempt proceedings,
| ||||||
19 | unless the action which is second in time is barred by | ||||||
20 | collateral estoppel
or the constitutional prohibition against | ||||||
21 | double 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 |
| |||||||
| |||||||
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 | ||||||
9 | responsibility, or support orders. A violation of remedies
| ||||||
10 | described in paragraph (5), (6), (8), or (9) of subsection (b) | ||||||
11 | of Section
112A-14 of this Code may be enforced by any remedy | ||||||
12 | provided by Section 607.5 of
the Illinois Marriage and | ||||||
13 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
14 | for support issued under paragraph (12) of subsection (b)
of | ||||||
15 | Section 112A-14 of this Code in the manner provided for under | ||||||
16 | Parts
V and VII of the
Illinois Marriage and Dissolution of | ||||||
17 | Marriage Act.
| ||||||
18 | (d) Actual knowledge. A protective order may be
enforced | ||||||
19 | pursuant to this Section if the respondent violates the order
| ||||||
20 | after the respondent has actual knowledge of its contents
as | ||||||
21 | shown 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 |
| |||||||
| |||||||
1 | the contents of the order.
| ||||||
2 | (e) The enforcement of a protective order in civil or | ||||||
3 | criminal court
shall not be affected by either of the | ||||||
4 | following:
| ||||||
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 | ||||||
11 | 1963 conflicts with an order issued pursuant to the Juvenile | ||||||
12 | Court Act of 1987 or the Illinois Marriage and Dissolution of | ||||||
13 | Marriage Act, the conflicting order issued under subsection | ||||||
14 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
15 | 1963 shall be void. | ||||||
16 | (f) Circumstances. The court, when determining whether or | ||||||
17 | not a
violation of a protective order has occurred, shall not | ||||||
18 | require
physical manifestations of abuse on the person of the | ||||||
19 | victim.
| ||||||
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: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
11 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff. | ||||||
12 | 5-19-22 .)
| ||||||
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 | ||||||
16 | Rule 607 of the Illinois Supreme Court
the court appoints | ||||||
17 | counsel to represent a defendant, the court may order
the | ||||||
18 | defendant to pay to the Clerk of the Circuit Court a reasonable | ||||||
19 | sum
to reimburse either the county or the State for such | ||||||
20 | representation.
In a hearing to determine the amount of the
| ||||||
21 | payment, the court shall consider the affidavit prepared by | ||||||
22 | the defendant
under Section 113-3 of this Code and any other | ||||||
23 | information pertaining to
the defendant's financial | ||||||
24 | circumstances which may be submitted by the parties.
Such | ||||||
25 | hearing shall be conducted on the court's own motion or on |
| |||||||
| |||||||
1 | motion of
the prosecutor State's Attorney at any time after | ||||||
2 | the appointment of counsel but no
later than 90 days after the | ||||||
3 | entry of a final order disposing of the case
at the trial | ||||||
4 | level.
| ||||||
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 | ||||||
7 | defendant charged with
a felony, or $2,500 for a defendant who | ||||||
8 | is appealing a conviction
of any class offense.
| ||||||
9 | (c) The method of any payment required under this Section | ||||||
10 | shall be as
specified by the Court. The court may order that | ||||||
11 | payments be made on a
monthly basis during the term of | ||||||
12 | representation; however, the sum deposited as
money bond shall | ||||||
13 | not be used to satisfy this court order. Any sum deposited
as | ||||||
14 | money
bond with the Clerk of
the Circuit Court under Section | ||||||
15 | 110-7 of this Code may be used in the
court's discretion in | ||||||
16 | whole or in part to comply with any payment order
entered in | ||||||
17 | accordance with paragraph
(a) of this Section. The court may | ||||||
18 | give special consideration to the interests
of relatives or | ||||||
19 | other third parties who may have posted a money bond on
the | ||||||
20 | behalf of the defendant to secure his release. At any time | ||||||
21 | prior to
full payment of any payment order the court on its own | ||||||
22 | motion or the motion
of any party may reduce, increase, or | ||||||
23 | suspend the ordered payment, or modify
the method of payment, | ||||||
24 | as the interest of fairness may require. No increase,
| ||||||
25 | suspension, or reduction may be ordered without a hearing and | ||||||
26 | notice
to all parties.
|
| |||||||
| |||||||
1 | (d) The Supreme Court or the circuit courts may provide by | ||||||
2 | rule for
procedures for the enforcement of orders entered | ||||||
3 | under this Section.
Such rules may provide for the assessment | ||||||
4 | of all costs, including
attorneys' fees which are required for | ||||||
5 | the enforcement of orders entered
under this Section when the | ||||||
6 | court in an enforcement proceeding has first
found that the | ||||||
7 | defendant has willfully refused to pay. The Clerk of the
| ||||||
8 | Circuit Court shall keep records and make reports to the court | ||||||
9 | concerning
funds paid under this Section in whatever manner | ||||||
10 | the court directs.
| ||||||
11 | (e) Whenever an order is entered under this Section for | ||||||
12 | the reimbursement
of the State due to the appointment of the | ||||||
13 | State Appellate Defender as counsel
on appeal, the order shall | ||||||
14 | provide that the Clerk of the Circuit Court shall
retain all | ||||||
15 | funds paid pursuant to such order until the full amount of the
| ||||||
16 | sum ordered to be paid by the defendant has been paid. When no | ||||||
17 | balance remains
due on such order, the Clerk of the Circuit | ||||||
18 | Court shall inform the court
of this fact and the court shall | ||||||
19 | promptly order the Clerk of the Circuit
Court to pay to the | ||||||
20 | State Treasurer all of the sum paid.
| ||||||
21 | (f) The Clerk of the Circuit Court shall retain all funds | ||||||
22 | under this Section
paid for the reimbursement of the county, | ||||||
23 | and shall inform the court when
no balance remains due on an | ||||||
24 | order entered hereunder. The Clerk of the Circuit
Court shall | ||||||
25 | make payments of funds collected under this Section to the | ||||||
26 | County
Treasurer in whatever manner and at whatever point as |
| |||||||
| |||||||
1 | the court may direct,
including payments made on a monthly | ||||||
2 | basis during the term
of representation.
| ||||||
3 | (g) A defendant who fails to obey any order of court | ||||||
4 | entered under this
Section may be punished for contempt of | ||||||
5 | court. Any arrearage in payments
may be reduced to judgment in | ||||||
6 | the court's discretion and collected by any
means authorized | ||||||
7 | for the collection of money judgments under the law of
this | ||||||
8 | State.
| ||||||
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 | ||||||
13 | trial before
or after a plea has been entered the court may | ||||||
14 | dismiss the indictment,
information or complaint upon any of | ||||||
15 | the 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 |
| |||||||
| |||||||
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 | ||||||
15 | filed within a
reasonable time after the defendant has been | ||||||
16 | arraigned. Any motion not
filed within such time or an | ||||||
17 | extension thereof shall not be considered by
the court and the | ||||||
18 | grounds therefor, except as to subsections (a)(6) and
(a)(8) | ||||||
19 | of this Section, are waived.
| ||||||
20 | (c) If the motion presents only an issue of law the court | ||||||
21 | shall
determine it without the necessity of further pleadings. | ||||||
22 | If the motion
alleges facts not of record in the case the State | ||||||
23 | shall file an answer
admitting or denying each of the factual | ||||||
24 | allegations of the motion.
| ||||||
25 | (d) When an issue of fact is presented by a motion to | ||||||
26 | dismiss and the
answer of the State the court shall conduct a |
| |||||||
| |||||||
1 | hearing and determine the
issues.
| ||||||
2 | (d-5) When a defendant seeks dismissal of the charge upon | ||||||
3 | the ground set
forth in subsection (a)(7) of this Section, the | ||||||
4 | defendant shall make a prima
facie showing that the county is | ||||||
5 | an improper place of trial. Upon such
showing, the State shall | ||||||
6 | have the burden of proving, by a preponderance of
the | ||||||
7 | evidence, that the county is the proper place of trial.
| ||||||
8 | (d-6) When a defendant seeks dismissal of the charge upon | ||||||
9 | the grounds set forth in subsection (a)(2) of this Section, | ||||||
10 | the prosecution shall have the burden of proving, by a | ||||||
11 | preponderance of the evidence, that the
prosecution of the | ||||||
12 | offense is not barred by Sections 3-3 through 3-8 of the | ||||||
13 | Criminal Code of 2012. | ||||||
14 | (e) Dismissal of the charge upon the grounds set forth in | ||||||
15 | subsections
(a)(4) through (a)(11) of this Section shall not | ||||||
16 | prevent the return of a
new indictment or the filing of a new | ||||||
17 | charge, and upon such dismissal
the court may order that the | ||||||
18 | defendant be held in custody or, if the
defendant had been | ||||||
19 | previously released on pretrial release bail , that the | ||||||
20 | pretrial release bail be continued for a specified time | ||||||
21 | pending the return of a new
indictment or the filing of a new | ||||||
22 | charge.
| ||||||
23 | (f) If the court determines that the motion to dismiss | ||||||
24 | based upon the
grounds set forth in subsections (a)(6) and | ||||||
25 | (a)(7) is well founded it
may, instead of dismissal, order the | ||||||
26 | cause transferred to a court of
competent jurisdiction or to a |
| |||||||
| |||||||
1 | proper 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 | ||||||
6 | appearance for a non-capital felony or a misdemeanor,
fails to | ||||||
7 | appear for trial, at the request of the State and after the | ||||||
8 | State
has affirmatively proven through substantial evidence | ||||||
9 | that the defendant
is willfully avoiding trial, the court may | ||||||
10 | commence trial in the absence
of the defendant. Absence of a | ||||||
11 | defendant as specified in this Section
shall not be a bar to | ||||||
12 | indictment of a defendant, return of information
against a | ||||||
13 | defendant, or arraignment of a defendant for the charge for | ||||||
14 | which
pretrial release bail has been granted. If a defendant | ||||||
15 | fails
to appear at arraignment, the court may enter a plea of | ||||||
16 | "not guilty" on his
behalf. If a defendant absents himself | ||||||
17 | before trial on a capital felony,
trial may proceed as | ||||||
18 | specified in this Section provided that the State
certifies | ||||||
19 | that it will not seek a death sentence following conviction.
| ||||||
20 | Trial in the defendant's absence shall be by jury unless
the | ||||||
21 | defendant had previously waived trial by jury. The absent | ||||||
22 | defendant
must be represented by retained or appointed | ||||||
23 | counsel.
The court, at the conclusion of all of the | ||||||
24 | proceedings, may order the clerk
of the circuit court to pay | ||||||
25 | counsel such sum as the court deems reasonable,
from any bond |
| |||||||
| |||||||
1 | monies which were posted by the defendant with the clerk,
| ||||||
2 | after the clerk has first deducted all court costs. If trial | ||||||
3 | had previously
commenced in the presence of the defendant and | ||||||
4 | the defendant willfully absents
himself for two successive | ||||||
5 | court days, the court shall proceed to trial. All
procedural | ||||||
6 | rights guaranteed by the United States Constitution, | ||||||
7 | Constitution
of the State of Illinois, statutes of the State | ||||||
8 | of Illinois, and rules of court
shall apply to the proceedings | ||||||
9 | the same as if the defendant were present
in court and had not | ||||||
10 | either had his or her pretrial release revoked forfeited his | ||||||
11 | bail bond or escaped
from custody. The court may set the case | ||||||
12 | for a trial which may be conducted
under this Section despite | ||||||
13 | the failure of the defendant to appear at the
hearing at which | ||||||
14 | the trial date is set. When such trial date is set the
clerk | ||||||
15 | shall send to the defendant, by certified mail at his last | ||||||
16 | known address
indicated on his bond slip, notice of the new | ||||||
17 | date which has been set for
trial. Such notification shall be | ||||||
18 | required when the defendant was not
personally present in open | ||||||
19 | court at the time when the case was set for trial.
| ||||||
20 | (b) The absence of a defendant from a trial conducted | ||||||
21 | pursuant to this
Section does not operate as a bar to | ||||||
22 | concluding the trial, to a judgment
of conviction resulting | ||||||
23 | therefrom, or to a final disposition of the trial
in favor of | ||||||
24 | the defendant.
| ||||||
25 | (c) Upon a verdict of not guilty, the court shall enter | ||||||
26 | judgment for the
defendant. Upon a verdict of guilty, the |
| |||||||
| |||||||
1 | court shall set a date for the
hearing of post-trial motions | ||||||
2 | and shall hear such motion in the absence
of the defendant. If | ||||||
3 | post-trial motions are denied, the court shall proceed
to | ||||||
4 | conduct a sentencing hearing and to impose a sentence upon the | ||||||
5 | defendant.
| ||||||
6 | (d) A defendant who is absent for part of the proceedings | ||||||
7 | of trial,
post-trial motions, or sentencing, does not thereby | ||||||
8 | forfeit his right to be
present at all remaining proceedings.
| ||||||
9 | (e) When a defendant who in his absence has been either | ||||||
10 | convicted or
sentenced or both convicted and sentenced appears | ||||||
11 | before the court, he must
be granted a new trial or new | ||||||
12 | sentencing hearing if the defendant can
establish that his | ||||||
13 | failure to appear in court was both without his fault
and due | ||||||
14 | to circumstances beyond his control. A hearing with notice to | ||||||
15 | the
State's Attorney on the defendant's request for a new | ||||||
16 | trial or a new
sentencing hearing must be held before any such | ||||||
17 | request may be granted. At
any such hearing both the defendant | ||||||
18 | and the State may present evidence.
| ||||||
19 | (f) If the court grants only the defendant's request for a | ||||||
20 | new sentencing
hearing, then a new sentencing hearing shall be | ||||||
21 | held in accordance with
the provisions of the Unified Code of | ||||||
22 | Corrections. At any such hearing,
both the defendant and the | ||||||
23 | State may offer evidence of the defendant's conduct
during his | ||||||
24 | period of absence from the court. The court may impose any | ||||||
25 | sentence
authorized by the Unified Code of Corrections and is | ||||||
26 | not in any way limited
or restricted by any sentence |
| |||||||
| |||||||
1 | previously imposed.
| ||||||
2 | (g) A defendant whose motion under paragraph (e) for a new | ||||||
3 | trial or new
sentencing hearing has been denied may file a | ||||||
4 | notice of appeal therefrom.
Such notice may also include a | ||||||
5 | request for review of the judgment and sentence
not vacated by | ||||||
6 | the 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, | ||||||
11 | oral testimony,
or other evidence. In its discretion the court | ||||||
12 | may order the petitioner
brought before the court for the | ||||||
13 | hearing. If the court finds in favor of
the petitioner, it | ||||||
14 | shall enter an appropriate order with respect to the
judgment | ||||||
15 | or sentence in the former proceedings and such supplementary
| ||||||
16 | orders as to rearraignment, retrial, custody, conditions of | ||||||
17 | pretrial release bail or discharge as may be
necessary and | ||||||
18 | proper.
| ||||||
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.) |
| |||||||
| |||||||
1 | Section 1-225. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by repealing Sections 102-10.5, 102-14.5, 110-1.5 | ||||||
3 | 110-6.6, and 110-7.5. | ||||||
4 | Section 1-230. The Code of Criminal Procedure of 1963 is | ||||||
5 | amended by changing Sections 103-2, 103-3, 108-8, and 110-14 | ||||||
6 | as 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 | ||||||
10 | the right to
remain silent.
| ||||||
11 | (b) No unlawful means of any kind shall be used to obtain a | ||||||
12 | statement,
admission or confession from any person in custody.
| ||||||
13 | (c) Persons in custody shall be treated humanely and | ||||||
14 | provided with
proper food, shelter and, if required, medical | ||||||
15 | treatment without unreasonable delay if the need for the | ||||||
16 | treatment 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 | ||||||
21 | effect an entry into
any building or property or part thereof | ||||||
22 | to execute a search warrant.
| ||||||
23 | (b) The court issuing a warrant may authorize the officer |
| |||||||
| |||||||
1 | executing the
warrant to make entry without first knocking and | ||||||
2 | announcing his or her office
if it finds, based upon a showing | ||||||
3 | of specific facts, the existence of the
following exigent | ||||||
4 | circumstances:
| ||||||
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 |
| |||||||
| |||||||
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 | ||||||
13 | incarceration on bailable offense; credit against monetary | ||||||
14 | bail for certain offenses . | ||||||
15 | (a) Any person denied pretrial release incarcerated on a | ||||||
16 | bailable offense who does not supply
bail and against whom a | ||||||
17 | fine is levied on conviction of the offense
shall be | ||||||
18 | automatically credited allowed a credit of $30 for each day so | ||||||
19 | incarcerated upon application
of the defendant. However,
in no | ||||||
20 | case shall the amount so allowed or
credited exceed the amount | ||||||
21 | of the fine. | ||||||
22 | (b) Subsection (a) does not apply to a person incarcerated | ||||||
23 | for 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 , |
| |||||||
| |||||||
1 | before January 1, 2023, shall have $30 deducted from his or her | ||||||
2 | 10% cash bond amount every day the person is incarcerated. The | ||||||
3 | sheriff shall calculate and apply this $30 per day reduction | ||||||
4 | and send notice to the circuit clerk if a defendant's 10% cash | ||||||
5 | bond amount is reduced to $0, at which point the defendant | ||||||
6 | shall be released upon his or her own recognizance.
| ||||||
7 | (d) The court may deny the incarceration credit in | ||||||
8 | subsection (c) of this Section if the person has failed to | ||||||
9 | appear as required before the court and is incarcerated based | ||||||
10 | on a warrant for failure to appear on the same original | ||||||
11 | criminal offense. | ||||||
12 | (e) (Blank). | ||||||
13 | (Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21. | ||||||
14 | Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff. | ||||||
15 | 12-17-21. P.A. 102-1104, eff. 12-6-22.)
| ||||||
16 | Section 1-235. The Code of Criminal Procedure of 1963 is | ||||||
17 | amended by reenacting Sections 103-3, 110-4, 110-6.3, 110-6.5, | ||||||
18 | 110-7, 110-8, 110-9, 110-13, 110-15, 110-16, 110-17, and | ||||||
19 | 110-18 and Article 110A as follows:
| ||||||
20 | (725 ILCS 5/103-3)
| ||||||
21 | Sec. 103-3.
Right
to communicate with attorney and family; | ||||||
22 | transfers.
| ||||||
23 | (a) Persons who are arrested shall have the right to | ||||||
24 | communicate with an
attorney of their choice and a member of |
| |||||||
| |||||||
1 | their family by making a
reasonable number of telephone calls | ||||||
2 | or in any other reasonable manner.
Such communication shall be | ||||||
3 | permitted within a reasonable time after
arrival at the first | ||||||
4 | place of custody.
| ||||||
5 | (b) In the event the accused is transferred to a new place | ||||||
6 | of custody
his right to communicate with an attorney and a | ||||||
7 | member 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, | ||||||
12 | except the
following offenses where the proof is evident or | ||||||
13 | the presumption great that
the defendant is guilty of the | ||||||
14 | offense: capital offenses; offenses for
which a sentence of | ||||||
15 | life imprisonment may be imposed as a consequence of
| ||||||
16 | conviction; felony offenses for which a sentence of | ||||||
17 | imprisonment,
without conditional and revocable release, shall | ||||||
18 | be imposed
by law as a consequence of conviction, where the | ||||||
19 | court after a hearing,
determines that the release of the | ||||||
20 | defendant would pose a real and present
threat to the physical | ||||||
21 | safety of any person or persons; stalking or
aggravated | ||||||
22 | stalking, where the court, after a hearing, determines that | ||||||
23 | the
release of the defendant would pose a real and present | ||||||
24 | threat to the
physical safety of the alleged victim of the | ||||||
25 | offense and denial of bail
is necessary to prevent fulfillment |
| |||||||
| |||||||
1 | of the threat upon which the charge
is based;
or unlawful use | ||||||
2 | of weapons in violation of item (4) of subsection (a) of
| ||||||
3 | Section 24-1 of the
Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012 when that offense occurred in a school or in any
| ||||||
5 | conveyance owned,
leased, or contracted by a school to | ||||||
6 | transport students to or from school or a
school-related
| ||||||
7 | activity, or on any public way within 1,000 feet of real | ||||||
8 | property comprising
any school, where
the court, after a | ||||||
9 | hearing, determines that the release of the defendant would
| ||||||
10 | pose a real and
present threat to the physical safety of any | ||||||
11 | person and denial of bail is
necessary to prevent
fulfillment | ||||||
12 | of that threat; or making a terrorist threat in violation of
| ||||||
13 | Section 29D-20 of the Criminal Code of 1961 or the Criminal | ||||||
14 | Code of 2012 or an attempt to commit the offense of making a | ||||||
15 | terrorist threat, where the court, after a hearing, determines | ||||||
16 | that the release of the defendant would pose a real and present | ||||||
17 | threat to the physical safety of any person and denial of bail | ||||||
18 | is necessary to prevent fulfillment of that threat.
| ||||||
19 | (b) A person seeking release on bail who is charged with a | ||||||
20 | capital
offense or an offense for which a sentence of life | ||||||
21 | imprisonment may be
imposed shall not be bailable until a | ||||||
22 | hearing is held wherein such person
has the burden of | ||||||
23 | demonstrating that the proof of his guilt is not evident
and | ||||||
24 | the presumption is not great.
| ||||||
25 | (c) Where it is alleged that bail should be denied to a | ||||||
26 | person upon the
grounds that the person presents a real and |
| |||||||
| |||||||
1 | present threat to the physical
safety of any person or | ||||||
2 | persons, the burden of proof of such allegations
shall be upon | ||||||
3 | the State.
| ||||||
4 | (d) When it is alleged that bail should be denied to a | ||||||
5 | person
charged with stalking or aggravated stalking upon the | ||||||
6 | grounds set forth in
Section 110-6.3 of this Code, the burden | ||||||
7 | of 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 | ||||||
11 | stalking
offenses. | ||||||
12 | (a) Upon verified petition by the State, the court shall | ||||||
13 | hold a
hearing to determine whether bail should be denied to a | ||||||
14 | defendant who is
charged with
stalking or aggravated stalking, | ||||||
15 | when it is alleged that the defendant's
admission to bail | ||||||
16 | poses a real and present threat to the physical safety of
the | ||||||
17 | alleged victim of the offense, and denial of release on bail or
| ||||||
18 | personal recognizance is necessary to prevent fulfillment of | ||||||
19 | the 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 |
| |||||||
| |||||||
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 | ||||||
21 | the 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; |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 | ||||||
18 | the threat to
the alleged victim of the offense.
The court may, | ||||||
19 | in determining whether the defendant poses, at the time of
the | ||||||
20 | hearing, a real and
present threat to the physical safety of | ||||||
21 | the alleged victim of the offense,
consider but
shall not be | ||||||
22 | limited 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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
6 | charged 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 | ||||||
21 | defendant
under subsection (e) of this Section, the defendant | ||||||
22 | shall be brought to
trial on the offense for which he is | ||||||
23 | detained within 90 days after the date
on which the order for | ||||||
24 | detention was entered. If the defendant is not
brought to | ||||||
25 | trial within the 90 day period required by this subsection | ||||||
26 | (f),
he shall not be held longer without bail. In computing the |
| |||||||
| |||||||
1 | 90 day period,
the court shall omit any period of delay | ||||||
2 | resulting from a continuance
granted at the request of the | ||||||
3 | defendant.
The court shall immediately notify the alleged | ||||||
4 | victim of the offense that the defendant
has been admitted to | ||||||
5 | bail under this subsection.
| ||||||
6 | (g) Any person shall be entitled to appeal any
order | ||||||
7 | entered under this Section denying bail to the defendant.
| ||||||
8 | (h) The State may appeal any order entered under this | ||||||
9 | Section denying any
motion for denial of bail.
| ||||||
10 | (i) Nothing in this Section shall be construed as | ||||||
11 | modifying or limiting
in any way the defendant's presumption | ||||||
12 | of innocence in further criminal
proceedings.
| ||||||
13 | (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||||||
14 | 98-558, 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 | ||||||
17 | circuit may establish a drug testing program as provided
by | ||||||
18 | this Section in any county in the circuit if the county board | ||||||
19 | has approved
the establishment of the program and the county | ||||||
20 | probation department or
pretrial services agency has consented | ||||||
21 | to administer it. The drug testing
program shall be conducted | ||||||
22 | under the following provisions:
| ||||||
23 | (a) The court, in the case of a defendant charged with a | ||||||
24 | felony offense or
any offense involving the possession or | ||||||
25 | delivery of cannabis or a
controlled substance, shall:
|
| |||||||
| |||||||
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 | ||||||
12 | services agency or
under the direction of the probation | ||||||
13 | department when a pretrial services
agency does not exist in | ||||||
14 | accordance with this Section.
| ||||||
15 | (c) A defendant who consents to periodic drug testing as | ||||||
16 | set forth in this
Section
shall sign an agreement with the | ||||||
17 | court that, during the period of release,
the defendant shall | ||||||
18 | refrain from using illegal drugs and that the
defendant will | ||||||
19 | comply with the conditions of the testing program. The
| ||||||
20 | agreement shall be on a form prescribed by the court and shall | ||||||
21 | be executed
at the time of the bail hearing. This agreement | ||||||
22 | shall be made a specific
condition of bail.
| ||||||
23 | (d) The drug testing program shall be conducted as | ||||||
24 | follows:
| ||||||
25 | (1) The testing shall be done by urinalysis for the | ||||||
26 | detection of
phencyclidine, heroin, cocaine, methadone and |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | court.
| ||||||
2 | (e) The initial sample shall be collected before the | ||||||
3 | defendant's release
on bail. Thereafter, the defendant shall | ||||||
4 | report to the pretrial services
agency or probation department | ||||||
5 | as required
by the agency or department. The pretrial
services | ||||||
6 | agency or probation department shall
immediately notify the | ||||||
7 | court of
any defendant who fails to report for testing.
| ||||||
8 | (f) After the initial test, a subsequent confirmed | ||||||
9 | positive test result
indicative of continued drug use shall | ||||||
10 | result 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 | ||||||
21 | own motion,
conduct a hearing in connection with any defendant | ||||||
22 | who fails to appear for
testing, fails to cooperate with the | ||||||
23 | persons conducting the testing
program, attempts to submit a | ||||||
24 | sample not his or her own or has had a
confirmed positive test | ||||||
25 | result indicative of continued drug use for the second
or | ||||||
26 | subsequent time after the
initial test. The hearing shall be |
| |||||||
| |||||||
1 | conducted in accordance with the
procedures of Section 110-6.
| ||||||
2 | Upon a finding by the court that the State has established | ||||||
3 | by clear and
convincing evidence that the defendant has | ||||||
4 | violated the drug testing
conditions of bail, the court may | ||||||
5 | consider 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 | ||||||
13 | Section
shall not be admissible on the issue of the | ||||||
14 | defendant's guilt in connection
with any criminal charge.
| ||||||
15 | (i) The court may require that the defendant pay for the | ||||||
16 | cost 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 | ||||||
21 | bail bond and
deposit with the clerk of the court before which | ||||||
22 | the proceeding is pending a
sum of money equal to 10% of the | ||||||
23 | bail, but in no event shall such deposit be
less than $25. The | ||||||
24 | clerk of the court shall provide a space on each form for a
| ||||||
25 | person other than the accused who has provided the money for |
| |||||||
| |||||||
1 | the posting of
bail to so indicate and a space signed by an
| ||||||
2 | accused who has executed the bail bond indicating whether a | ||||||
3 | person other
than the accused has provided the money for the | ||||||
4 | posting of bail. The form
shall also include a written notice | ||||||
5 | to such person who has provided
the defendant with the money | ||||||
6 | for the posting of bail indicating that the bail
may be used to | ||||||
7 | pay costs, attorney's fees, fines, or other purposes | ||||||
8 | authorized
by the court and if the
defendant fails to comply | ||||||
9 | with the conditions of the bail bond, the court
shall enter an | ||||||
10 | order declaring the bail to be forfeited. The written notice
| ||||||
11 | must be: (1) distinguishable from the surrounding text; (2) in | ||||||
12 | bold type or
underscored; and (3) in a type size at least 2 | ||||||
13 | points larger than the
surrounding type. When a person for | ||||||
14 | whom
bail has been set is charged with an offense under the | ||||||
15 | Illinois Controlled
Substances Act or the Methamphetamine | ||||||
16 | Control and Community Protection Act which is a Class X | ||||||
17 | felony, or making a terrorist threat in violation of
Section | ||||||
18 | 29D-20 of the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012 or an attempt to commit the offense of making a terrorist | ||||||
20 | threat, the court may require the
defendant to deposit a sum | ||||||
21 | equal to 100% of the bail.
Where any person is charged with a | ||||||
22 | forcible felony while free on bail and
is the subject of | ||||||
23 | proceedings under Section 109-3 of this Code the judge
| ||||||
24 | conducting the preliminary examination may also conduct a | ||||||
25 | hearing upon the
application of the State pursuant to the | ||||||
26 | provisions of Section 110-6 of this
Code to increase or revoke |
| |||||||
| |||||||
1 | the bail for that person's prior alleged offense.
| ||||||
2 | (b) Upon depositing this sum and any bond fee authorized | ||||||
3 | by law, the person
shall be released
from custody subject to | ||||||
4 | the conditions of the bail bond.
| ||||||
5 | (c) Once bail has been given and a charge is pending or
is | ||||||
6 | thereafter filed in or transferred to a court of competent
| ||||||
7 | jurisdiction the latter court shall continue the original bail
| ||||||
8 | in that court subject to the provisions of Section 110-6 of | ||||||
9 | this Code.
| ||||||
10 | (d) After conviction the court may order that the original
| ||||||
11 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
12 | bail
subject to the provisions of Section 110-6.2.
| ||||||
13 | (e) After the entry of an order by the trial court allowing
| ||||||
14 | or denying bail pending appeal either party may apply to the
| ||||||
15 | reviewing court having jurisdiction or to a justice thereof
| ||||||
16 | sitting in vacation for an order increasing or decreasing the
| ||||||
17 | amount of bail or allowing or denying bail pending appeal | ||||||
18 | subject to the
provisions of Section 110-6.2.
| ||||||
19 | (f) When the conditions of the bail bond have been | ||||||
20 | performed
and the accused has been discharged from all | ||||||
21 | obligations in the
cause the clerk of the court shall return to | ||||||
22 | the accused or to the
defendant's designee by an assignment | ||||||
23 | executed at the time the bail amount
is deposited, unless
the | ||||||
24 | court orders otherwise, 90% of the sum which had been
| ||||||
25 | deposited and shall retain as bail bond costs 10% of the amount
| ||||||
26 | deposited. However, in no event shall the amount retained by |
| |||||||
| |||||||
1 | the
clerk as bail bond costs be less than $5. Notwithstanding | ||||||
2 | the foregoing, in counties with a population of 3,000,000 or | ||||||
3 | more, in no event shall the amount retained by the clerk as | ||||||
4 | bail bond costs exceed $100. Bail bond deposited by or on
| ||||||
5 | behalf of a defendant in one case may be used, in the court's | ||||||
6 | discretion,
to satisfy financial obligations of that same | ||||||
7 | defendant incurred in a
different case due to a fine, court | ||||||
8 | costs,
restitution or fees of the defendant's attorney of | ||||||
9 | record. In counties with
a population of 3,000,000 or more, | ||||||
10 | the court shall
not order bail bond deposited by or on behalf | ||||||
11 | of a defendant in one case to
be used to satisfy financial | ||||||
12 | obligations of that same defendant in a
different case until | ||||||
13 | the bail bond is first used to satisfy court costs and
| ||||||
14 | attorney's fees in
the case in which the bail bond has been | ||||||
15 | deposited and any other unpaid child
support obligations are | ||||||
16 | satisfied. In counties with a population of less than | ||||||
17 | 3,000,000, the court shall
not order bail bond deposited by or | ||||||
18 | on behalf of a defendant in one case to
be used to satisfy | ||||||
19 | financial obligations of that same defendant in a
different | ||||||
20 | case until the bail bond is first used to satisfy court costs
| ||||||
21 | in
the case in which the bail bond has been deposited.
| ||||||
22 | At the request of the defendant the court may order such | ||||||
23 | 90% of
defendant's bail deposit, or whatever amount is | ||||||
24 | repayable to defendant
from such deposit, to be paid to | ||||||
25 | defendant's attorney of record.
| ||||||
26 | (g) If the accused does not comply with the conditions of
|
| |||||||
| |||||||
1 | the bail bond the court having jurisdiction shall enter an
| ||||||
2 | order declaring the bail to be forfeited. Notice of such order
| ||||||
3 | of forfeiture shall be mailed forthwith to the accused at his
| ||||||
4 | last known address. If the accused does not appear and | ||||||
5 | surrender
to the court having jurisdiction within 30 days from | ||||||
6 | the date of
the forfeiture or within such period satisfy the | ||||||
7 | court
that appearance and surrender by the accused is | ||||||
8 | impossible
and without his fault the court shall enter | ||||||
9 | judgment for the State if the
charge for which the bond was | ||||||
10 | given was a felony
or misdemeanor, or if the charge was | ||||||
11 | quasi-criminal or traffic,
judgment for the political | ||||||
12 | subdivision of the State which
prosecuted the case, against | ||||||
13 | the accused for the amount of
the bail and costs of the court | ||||||
14 | proceedings; however,
in counties with a population of less | ||||||
15 | than 3,000,000, instead of the court
entering a judgment for | ||||||
16 | the full amount
of the bond the court may, in its discretion, | ||||||
17 | enter judgment for the cash
deposit on the bond, less costs, | ||||||
18 | retain the deposit for further disposition or,
if a cash bond | ||||||
19 | was posted for failure to appear in a matter involving
| ||||||
20 | enforcement of child support or maintenance, the amount of the | ||||||
21 | cash deposit on
the bond, less outstanding costs, may be | ||||||
22 | awarded to the person or entity to
whom the child support or | ||||||
23 | maintenance is due. The deposit
made in accordance with | ||||||
24 | paragraph (a) shall be applied to
the payment of costs. If | ||||||
25 | judgment is entered and any amount of such
deposit remains
| ||||||
26 | after the payment of costs it shall be applied to payment of
|
| |||||||
| |||||||
1 | the judgment and transferred to the treasury of the municipal
| ||||||
2 | corporation wherein the bond was taken if the offense was a
| ||||||
3 | violation of any penal ordinance of a political subdivision
of | ||||||
4 | this State, or to the treasury of the county wherein the
bond | ||||||
5 | was taken if the offense was a violation of any penal
statute | ||||||
6 | of this State. The balance of the judgment may be
enforced and | ||||||
7 | collected in the same manner as a judgment entered
in a civil | ||||||
8 | action.
| ||||||
9 | (h) After a judgment for a fine and court costs or either | ||||||
10 | is
entered in the prosecution of a cause in which a deposit had
| ||||||
11 | been made in accordance with paragraph (a) the balance of such
| ||||||
12 | deposit, after deduction of bail bond costs, shall be applied
| ||||||
13 | to the payment of the judgment.
| ||||||
14 | (i) When a court appearance is required for an alleged | ||||||
15 | violation of the Criminal Code of 1961, the Criminal Code of | ||||||
16 | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||||||
17 | and Aquatic Life Code, the Child Passenger Protection Act, or | ||||||
18 | a comparable offense of a unit of local government as | ||||||
19 | specified in Supreme Court Rule 551, and if the accused does | ||||||
20 | not appear in court on the date set for appearance or any date | ||||||
21 | to which the case may be continued and the court issues an | ||||||
22 | arrest warrant for the accused, based upon his or her failure | ||||||
23 | to appear when having so previously been ordered to appear by | ||||||
24 | the court, the accused upon his or her admission to bail shall | ||||||
25 | be assessed by the court a fee of $75. Payment of the fee shall | ||||||
26 | be a condition of release unless otherwise ordered by the |
| |||||||
| |||||||
1 | court. The fee shall be in addition to any bail that the | ||||||
2 | accused is required to deposit for the offense for which the | ||||||
3 | accused has been charged and may not be used for the payment of | ||||||
4 | court costs or fines assessed for the offense. The clerk of the | ||||||
5 | court shall remit $70 of the fee assessed to the arresting | ||||||
6 | agency who brings the offender in on the arrest warrant. If the | ||||||
7 | Department of State Police is the arresting agency, $70 of the | ||||||
8 | fee assessed shall be remitted by the clerk of the court to the | ||||||
9 | State Treasurer within one month after receipt for deposit | ||||||
10 | into the State Police Operations Assistance Fund. The clerk of | ||||||
11 | the court shall remit $5 of the fee assessed to the Circuit | ||||||
12 | Court Clerk Operation and Administrative Fund as provided in | ||||||
13 | Section 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 | ||||||
17 | security for bail.
| ||||||
18 | (a) In lieu of the bail deposit provided for in Section | ||||||
19 | 110-7 of this
Code any person for whom bail has been set may | ||||||
20 | execute the bail bond with
or without sureties which bond may | ||||||
21 | be secured:
| ||||||
22 | (1) By a deposit, with the clerk of the court, of an amount | ||||||
23 | equal to the
required bail, of cash, or stocks and bonds in | ||||||
24 | which trustees are
authorized to invest trust funds under the | ||||||
25 | laws of this State; or
|
| |||||||
| |||||||
1 | (2) By real estate situated in this State with | ||||||
2 | unencumbered equity not
exempt owned by the accused or | ||||||
3 | sureties worth double the amount of bail set
in the bond.
| ||||||
4 | (b) If the bail bond is secured by stocks and bonds the | ||||||
5 | accused or
sureties shall file with the bond a sworn schedule | ||||||
6 | which 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 | ||||||
24 | or sureties
shall file with the bond a sworn schedule which | ||||||
25 | shall contain:
| ||||||
26 | (1) A legal description of the real estate;
|
| |||||||
| |||||||
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 | ||||||
17 | the bail
bond. The affiant commits perjury if in the sworn | ||||||
18 | schedule he makes a false
statement which he does not believe | ||||||
19 | to be true. He shall be prosecuted and
punished accordingly, | ||||||
20 | or, he may be punished for contempt.
| ||||||
21 | (e) A certified copy of the bail bond and schedule of real | ||||||
22 | estate shall
be filed immediately in the office of the | ||||||
23 | registrar of titles or recorder
of the county in which the real | ||||||
24 | estate is situated and the State
shall have a lien on such real | ||||||
25 | estate from the time such copies are filed
in the office of the | ||||||
26 | registrar of titles or recorder. The
registrar of titles or |
| |||||||
| |||||||
1 | recorder shall enter, index and record (or
register as the | ||||||
2 | case may be) such bail bonds and schedules without
requiring | ||||||
3 | any advance fee, which fee shall be taxed as costs in the
| ||||||
4 | proceeding and paid out of such costs when collected.
| ||||||
5 | (f) When the conditions of the bail bond have been | ||||||
6 | performed and the
accused has been discharged from his | ||||||
7 | obligations in the cause, the clerk of
the court shall return | ||||||
8 | to him or his sureties the deposit of any cash,
stocks or | ||||||
9 | bonds. If the bail bond has been secured by real estate the | ||||||
10 | clerk
of the court shall forthwith notify in writing the | ||||||
11 | registrar of titles or
recorder and the lien of the bail bond | ||||||
12 | on the real estate shall be
discharged.
| ||||||
13 | (g) If the accused does not comply with the conditions of | ||||||
14 | the bail bond
the court having jurisdiction shall enter an | ||||||
15 | order declaring the bail to be
forfeited. Notice of such order | ||||||
16 | of forfeiture shall be mailed forthwith by
the clerk of the | ||||||
17 | court to the accused and his sureties at their last known
| ||||||
18 | address. If the accused does not appear and surrender to the | ||||||
19 | court having
jurisdiction within 30 days from the date of the | ||||||
20 | forfeiture or within such
period satisfy the court that | ||||||
21 | appearance and surrender by the accused is
impossible and | ||||||
22 | without his fault
the court shall enter judgment for the
State | ||||||
23 | against the accused and his sureties for the amount of the bail | ||||||
24 | and
costs of the proceedings; however,
in counties with a | ||||||
25 | population of less than
3,000,000, if the defendant has
posted | ||||||
26 | a
cash bond, instead of the court entering a judgment for the |
| |||||||
| |||||||
1 | full amount of the
bond the court may, in its discretion, enter | ||||||
2 | judgment for the cash deposit on
the bond, less costs, retain | ||||||
3 | the deposit for further disposition or, if a cash
bond was | ||||||
4 | posted for failure to appear in a matter involving enforcement | ||||||
5 | of
child support or maintenance, the amount of the cash | ||||||
6 | deposit on the bond, less
outstanding costs, may be awarded to | ||||||
7 | the person or entity to whom the child
support or maintenance | ||||||
8 | is due.
| ||||||
9 | (h) When judgment is entered in favor of the State on any | ||||||
10 | bail bond
given for a felony or misdemeanor, or judgement for a | ||||||
11 | political subdivision
of the state on any bail bond given for a | ||||||
12 | quasi-criminal or traffic
offense, the State's Attorney or | ||||||
13 | political subdivision's attorney shall
forthwith obtain a | ||||||
14 | certified copy of the
judgment and deliver same to the
sheriff | ||||||
15 | to be enforced by levy on the stocks or
bonds deposited with
| ||||||
16 | the clerk of the court and the real estate described in the | ||||||
17 | bail bond
schedule. Any cash forfeited under subsection (g) of | ||||||
18 | this
Section shall be used to satisfy the judgment and costs | ||||||
19 | and, without
necessity of levy, ordered paid
into the treasury | ||||||
20 | of the municipal corporation wherein the bail bond was
taken | ||||||
21 | if the offense was a violation of any penal ordinance of a | ||||||
22 | political
subdivision of this State, or into the treasury of | ||||||
23 | the county wherein the
bail bond was taken if the offense was a | ||||||
24 | violation of any penal statute of
this State, or to the person | ||||||
25 | or entity to whom child support or maintenance
is owed if the | ||||||
26 | bond was taken for failure to appear in a matter involving |
| |||||||
| |||||||
1 | child
support or maintenance. The stocks, bonds and real | ||||||
2 | estate shall be sold in
the same
manner as in sales for the | ||||||
3 | enforcement of a judgment in
civil actions and the proceeds of | ||||||
4 | such sale
shall be used to satisfy all court costs, prior | ||||||
5 | encumbrances, if any, and
from the balance a sufficient amount | ||||||
6 | to satisfy the judgment shall be paid
into the treasury of the | ||||||
7 | municipal corporation wherein the bail bond was
taken if the | ||||||
8 | offense was a violation of any penal ordinance of a political
| ||||||
9 | subdivision of this State, or into the treasury of the county | ||||||
10 | wherein the
bail bond was taken if the offense was a violation | ||||||
11 | of any penal statute of
this State. The balance shall be | ||||||
12 | returned to the owner. The real estate so
sold may be redeemed | ||||||
13 | in the same manner as real estate may be redeemed
after | ||||||
14 | judicial sales or sales for the enforcement of
judgments in | ||||||
15 | civil actions.
| ||||||
16 | (i) No stocks, bonds or real estate may be used or accepted | ||||||
17 | as bail bond
security in this State more than once in any 12 | ||||||
18 | month 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 | ||||||
22 | been set by a judicial officer for a particular offense or
| ||||||
23 | offender any sheriff or other peace officer may take bail in | ||||||
24 | accordance
with the provisions of Section 110-7 or 110-8 of | ||||||
25 | this Code and release
the offender to appear in accordance |
| |||||||
| |||||||
1 | with the conditions of the bail bond,
the Notice to Appear or | ||||||
2 | the Summons. The officer shall give a receipt to
the offender | ||||||
3 | for the bail so taken and within a reasonable time deposit
such | ||||||
4 | bail with the clerk of the court having jurisdiction of the | ||||||
5 | offense. A sheriff or other peace officer taking bail in | ||||||
6 | accordance with the provisions of Section 110-7 or 110-8 of | ||||||
7 | this Code shall accept payments made in the form of currency, | ||||||
8 | and may accept other forms of payment as the sheriff shall by | ||||||
9 | rule authorize. For purposes of this Section, "currency" has | ||||||
10 | the meaning provided in subsection (a) of Section 3 of the | ||||||
11 | Currency 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 | ||||||
15 | security. No attorney at law practicing in this State and no | ||||||
16 | official authorized
to admit another to bail or to accept bail | ||||||
17 | shall furnish any part of any
security for bail in any criminal | ||||||
18 | action or any proceeding nor shall any
such person act as | ||||||
19 | surety 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 | ||||||
23 | taking bail. The provisions of Sections 110-7 and 110-8 of | ||||||
24 | this Code are exclusive of
other provisions of law for the |
| |||||||
| |||||||
1 | giving, taking, or enforcement of bail. In
all cases where a | ||||||
2 | person is admitted to bail the provisions of Sections
110-7 | ||||||
3 | and 110-8 of this Code shall be applicable.
| ||||||
4 | However, the Supreme Court may, by rule or order, | ||||||
5 | prescribe a uniform
schedule of amounts of bail in all but | ||||||
6 | felony offenses. The uniform schedule shall not require a | ||||||
7 | person cited for violating the Illinois Vehicle Code or a | ||||||
8 | similar provision of a local ordinance for which a violation | ||||||
9 | is a petty offense as defined by Section 5-1-17 of the Unified | ||||||
10 | Code of Corrections, excluding business offenses as defined by | ||||||
11 | Section 5-1-2 of the Unified Code of Corrections or a | ||||||
12 | violation of Section 15-111 or subsection (d) of Section 3-401 | ||||||
13 | of the Illinois Vehicle Code, to post bond to secure bail for | ||||||
14 | his or her release. Such uniform schedule may
provide that the | ||||||
15 | cash deposit provisions of Section 110-7 shall not apply
to | ||||||
16 | bail amounts established for alleged violations punishable by | ||||||
17 | fine
alone, and the schedule may further provide that in | ||||||
18 | specified traffic cases
a valid Illinois chauffeur's or | ||||||
19 | operator's license must be deposited, in
addition to 10% of | ||||||
20 | the amount of the bail specified in the schedule.
| ||||||
21 | (Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15; | ||||||
22 | 101-652, 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 | ||||||
25 | self during trial-not
bailable. If a person admitted to bail |
| |||||||
| |||||||
1 | on a felony charge forfeits his bond and
fails to appear in | ||||||
2 | court during the 30 days immediately after such
forfeiture, on | ||||||
3 | being taken into custody thereafter he shall not be bailable
| ||||||
4 | in the case in question, unless the court finds that his | ||||||
5 | absence was not
for the purpose of obstructing justice or | ||||||
6 | avoiding 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 | ||||||
10 | deposited by any person to secure his or her release from | ||||||
11 | custody which
remains unclaimed by the person entitled to its | ||||||
12 | return for 3
years after the conditions of the bail bond have | ||||||
13 | been performed
and the accused has been discharged from all | ||||||
14 | obligations in the
cause shall be presumed to be abandoned and | ||||||
15 | subject to disposition under the Revised Uniform Unclaimed | ||||||
16 | Property Act.
| ||||||
17 | (Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19; | ||||||
18 | 101-81, 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 | ||||||
21 | shall certify
to the treasurer of each county the number of | ||||||
22 | days that persons had been
detained in the custody of the | ||||||
23 | sheriff without a bond being set as a result
of an order | ||||||
24 | entered pursuant to Section 110-6.1 of this Code. The county |
| |||||||
| |||||||
1 | treasurer shall,
no later than January 1, annually certify to | ||||||
2 | the Supreme Court the number
of days that persons had been | ||||||
3 | detained without bond during the twelve-month
period ending | ||||||
4 | November 30. The Supreme Court shall reimburse, from funds
| ||||||
5 | appropriated to it by the General Assembly for such purposes, | ||||||
6 | the treasurer
of each county an amount of money for deposit in | ||||||
7 | the county general revenue
fund at a rate of $50 per day for | ||||||
8 | each day that persons were detained in
custody without bail as | ||||||
9 | a result of an order entered pursuant to Section
110-6.1 of | ||||||
10 | this 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 | ||||||
16 | courts are
conservators of the peace, shall
cause to be kept | ||||||
17 | all laws made for the preservation of the peace, and may
| ||||||
18 | require persons to give security to keep the peace or for their | ||||||
19 | good
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 | ||||||
23 | judge that a person
has
threatened or is about to commit an |
| |||||||
| |||||||
1 | offense against the person or property
of another, the court | ||||||
2 | shall examine on oath the complaint, and any witness
who may be | ||||||
3 | produced, and reduce the complaint to writing, and cause it to
| ||||||
4 | be subscribed and sworn to by the complainant.
| ||||||
5 | The complaint may be issued electronically or | ||||||
6 | electromagnetically by use
of a facsimile transmission | ||||||
7 | machine, and that complaint
has the same validity as a written | ||||||
8 | complaint.
| ||||||
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 | ||||||
12 | there is
danger that an offense will be committed, the court | ||||||
13 | shall issue a
warrant requiring the proper officer to whom it | ||||||
14 | is directed forthwith to
apprehend the person complained of | ||||||
15 | and bring him or her before the
court having jurisdiction in | ||||||
16 | the premises.
| ||||||
17 | The warrant may be issued electronically or | ||||||
18 | electromagnetically by use
of a facsimile transmission | ||||||
19 | machine, and that warrant
has the same validity as a written | ||||||
20 | warrant.
| ||||||
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 | ||||||
24 | brought
before the court if the charge is controverted, the |
| |||||||
| |||||||
1 | testimony produced on
behalf of the plaintiff and defendant | ||||||
2 | shall 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 | ||||||
6 | that
there is no just reason to fear the commission
of the | ||||||
7 | offense, the defendant shall be discharged. If the court
is of | ||||||
8 | the opinion that the prosecution was commenced maliciously
| ||||||
9 | without probable cause, the court may enter judgment
against | ||||||
10 | the 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 | ||||||
14 | fear the commission of an
offense, the defendant shall be | ||||||
15 | required to give a recognizance, with
sufficient security, in | ||||||
16 | the sum as the court may direct,
to keep the peace towards all | ||||||
17 | people of this State, and especially towards
the person | ||||||
18 | against whom or whose property there is reason to fear the | ||||||
19 | offense
may be committed, for such time, not exceeding 12 | ||||||
20 | months, as the court
may order. But he or she shall not be | ||||||
21 | bound over to the next court unless
he or she is also charged | ||||||
22 | with some other offense for which he or she
ought to be held to | ||||||
23 | answer at the court.
| ||||||
24 | (Source: P.A. 89-234, eff. 1-1-96.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110A-35)
| ||||||
2 | Sec. 110A-35. Refusal to give recognizance. If the person | ||||||
3 | so
ordered to recognize complies with the order,
he or she | ||||||
4 | shall be discharged; but if he or she refuses or neglects,
the | ||||||
5 | court shall commit him or her to jail during the period
for | ||||||
6 | which he or she was required to give security, or until he or
| ||||||
7 | she so recognizes, stating in the warrant the cause of | ||||||
8 | commitment, with
the sum and time for which the security was | ||||||
9 | required.
| ||||||
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 | ||||||
13 | required to
give security to keep the peace,
or for his or her | ||||||
14 | good behavior, the court may further
order that the costs of | ||||||
15 | the prosecution, or any part of the costs, shall be
paid
by | ||||||
16 | that person, who shall stand committed until the costs are
| ||||||
17 | paid 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
| ||||||
21 | committed for not finding sureties, or refusing to recognize
| ||||||
22 | as required by the court, may be discharged
on giving the | ||||||
23 | security as was required.
|
| |||||||
| |||||||
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. | ||||||
4 | Every
recognizance taken in accordance with the foregoing
| ||||||
5 | provisions shall be filed of record by the clerk and upon a | ||||||
6 | breach of the
condition the same shall be prosecuted by the | ||||||
7 | State'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
| ||||||
11 | recognizance it is not necessary to show a conviction of
the | ||||||
12 | defendant of an offense against the person or property of | ||||||
13 | another.
| ||||||
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
| ||||||
17 | presence of a court, commits
or threatens to commit an offense | ||||||
18 | against the person or property of another,
may be ordered, | ||||||
19 | without process, to enter into a recognizance to keep the
| ||||||
20 | peace for a period not exceeding 12 months, and in case of
| ||||||
21 | refusal be committed as in other cases.
| ||||||
22 | (Source: P.A. 89-234, eff. 1-1-96.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110A-65)
| ||||||
2 | Sec. 110A-65. Remitting recognizance. When, upon an action
| ||||||
3 | brought upon a recognizance,
the penalty for the action is | ||||||
4 | adjudged forfeited, the court
may, on the petition of a | ||||||
5 | defendant, remit the portion
of it as the circumstances of the | ||||||
6 | case 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 | ||||||
10 | person bound to keep
the peace may, at any
time, surrender | ||||||
11 | their principal to the sheriff of the county in which the
| ||||||
12 | principal was bound, under the same rules and regulations | ||||||
13 | governing the
surrender of the principal in other criminal | ||||||
14 | cases.
| ||||||
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 | ||||||
18 | may
recognize anew, with sufficient sureties, before a court, | ||||||
19 | for the
residue of the time, and shall thereupon be | ||||||
20 | discharged.
| ||||||
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 |
| |||||||
| |||||||
1 | a breach of the peace shall be dismissed on
account of any | ||||||
2 | informality or insufficiency in the complaint, or any process
| ||||||
3 | or proceeding, but the complaint may be amended, by order of | ||||||
4 | the
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 | ||||||
7 | Act 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 | ||||||
11 | meanings:
| ||||||
12 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
13 | person determined by the prosecutor or the court to have | ||||||
14 | suffered direct physical or psychological harm as a result of | ||||||
15 | a violent crime perpetrated or attempted against that person | ||||||
16 | or direct physical or psychological harm as a result of (i) a | ||||||
17 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
18 | similar provision of a local ordinance or (ii) a violation of | ||||||
19 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
21 | years of age or an adult victim who is incompetent or | ||||||
22 | incapacitated, both parents, legal guardians, foster parents, | ||||||
23 | or a single adult representative; (3) in the case of an adult | ||||||
24 | deceased victim, 2 representatives who may be the spouse, |
| |||||||
| |||||||
1 | parent, child or sibling of the victim, or the representative | ||||||
2 | of the victim's estate; and (4) an immediate family member of a | ||||||
3 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
4 | victim. If the victim is 18 years of age or over, the victim | ||||||
5 | may choose any person to be the victim's representative. In no | ||||||
6 | event shall the defendant or any person who aided and abetted | ||||||
7 | in the commission of the crime be considered a victim, a crime | ||||||
8 | victim, or a representative of the victim. | ||||||
9 | A board, agency, or other governmental entity making | ||||||
10 | decisions regarding an offender's release, sentence reduction, | ||||||
11 | or clemency can determine additional persons are victims for | ||||||
12 | the purpose of its proceedings.
| ||||||
13 | (a-3) "Advocate" means a person whose communications with | ||||||
14 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
15 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
16 | Domestic Violence Act of 1986. | ||||||
17 | (a-5) "Confer" means to consult together, share | ||||||
18 | information, compare opinions and carry on a discussion or | ||||||
19 | deliberation. | ||||||
20 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
21 | imposition of sentence, a request for a reduction in sentence, | ||||||
22 | parole, mandatory supervised release, aftercare release, early | ||||||
23 | release, inpatient treatment, outpatient treatment, | ||||||
24 | conditional release after a finding that the defendant is not | ||||||
25 | guilty by reason of insanity, clemency, or a proposal that | ||||||
26 | would reduce the defendant's sentence or result in the |
| |||||||
| |||||||
1 | defendant's release. "Early release" refers to a discretionary | ||||||
2 | release. | ||||||
3 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
4 | imposition of sentence and a request for a reduction in | ||||||
5 | sentence, parole, mandatory supervised release, aftercare | ||||||
6 | release, early release, consideration of inpatient treatment | ||||||
7 | or outpatient treatment, or conditional release after a | ||||||
8 | finding that the defendant is not guilty by reason of | ||||||
9 | insanity. | ||||||
10 | (a-10) "Status hearing" means a hearing designed to | ||||||
11 | provide information to the court, at which no motion of a | ||||||
12 | substantive nature and no constitutional or statutory right of | ||||||
13 | a crime victim is implicated or at issue. | ||||||
14 | (b) "Witness" means: any person who personally observed | ||||||
15 | the commission of
a crime and who will testify on behalf of the | ||||||
16 | State of Illinois; or a person who will be called by the | ||||||
17 | prosecution to give testimony establishing a necessary nexus | ||||||
18 | between the offender and the violent crime.
| ||||||
19 | (c) "Violent crime" means: (1) any felony in which force | ||||||
20 | or threat of force was
used against the victim; (2) any offense | ||||||
21 | involving sexual exploitation, sexual
conduct, or sexual | ||||||
22 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
23 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
25 | violation of an order of
protection, a civil no contact order, | ||||||
26 | or a stalking no contact order; (6) any misdemeanor which |
| |||||||
| |||||||
1 | results in death or great bodily
harm to the victim; or (7) any | ||||||
2 | violation of Section 9-3 of the Criminal Code of
1961 or the | ||||||
3 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
4 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
5 | the violation resulted
in personal injury or death. "Violent | ||||||
6 | crime" includes any action committed by a juvenile
that would | ||||||
7 | be a violent crime if committed by an adult. For the purposes | ||||||
8 | of
this paragraph, "personal injury" shall include any Type A | ||||||
9 | injury as indicated
on the traffic accident report completed | ||||||
10 | by a law enforcement officer that
requires immediate | ||||||
11 | professional attention in either a doctor's office or
medical | ||||||
12 | facility. A type A injury shall include severely bleeding | ||||||
13 | wounds,
distorted extremities, and injuries that require the | ||||||
14 | injured party to be
carried from the scene.
| ||||||
15 | (d) (Blank).
| ||||||
16 | (e) "Court proceedings" includes, but is not limited to, | ||||||
17 | the preliminary hearing, any post-arraignment hearing the
| ||||||
18 | effect of which may be the release of the defendant from | ||||||
19 | custody or to alter
the conditions of bond, change of plea | ||||||
20 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
21 | sentencing, any oral argument or hearing before an Illinois | ||||||
22 | appellate court, any hearing under the Mental Health and | ||||||
23 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
24 | Unified Code of Corrections after a finding that the defendant | ||||||
25 | is not guilty by reason of insanity, including a hearing for | ||||||
26 | conditional release, any
hearing related to a modification of |
| |||||||
| |||||||
1 | sentence, probation revocation hearing, aftercare release or | ||||||
2 | parole hearings, post-conviction relief proceedings, habeas | ||||||
3 | corpus proceedings and clemency proceedings related to the | ||||||
4 | defendant's conviction or sentence. For purposes of the | ||||||
5 | victim's right to be present, "court proceedings" does not | ||||||
6 | include (1) hearings under Section 109-1 of the Code of | ||||||
7 | Criminal Procedure of 1963, (2) grand jury proceedings, (2) | ||||||
8 | (3) status hearings, or (3) (4) the issuance of an order or | ||||||
9 | decision of an Illinois court that dismisses a charge, | ||||||
10 | reverses a conviction, reduces a sentence, or releases an | ||||||
11 | offender under a court rule. | ||||||
12 | (e) "Court proceedings" includes, but is not limited to, | ||||||
13 | the preliminary hearing, any post-arraignment hearing the
| ||||||
14 | effect of which may be the release of the defendant from | ||||||
15 | custody or to alter
the conditions of bond, change of plea | ||||||
16 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
17 | sentencing, any oral argument or hearing before an Illinois | ||||||
18 | appellate court, any hearing under the Mental Health and | ||||||
19 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
20 | Unified Code of Corrections after a finding that the defendant | ||||||
21 | is not guilty by reason of insanity, including a hearing for | ||||||
22 | conditional release, any
hearing related to a modification of | ||||||
23 | sentence, probation revocation hearing, aftercare release or | ||||||
24 | parole hearings, post-conviction relief proceedings, habeas | ||||||
25 | corpus proceedings and clemency proceedings related to the | ||||||
26 | defendant's conviction or sentence. For purposes of the |
| |||||||
| |||||||
1 | victim's right to be present, "court proceedings" does not | ||||||
2 | include (1) hearings under Section 109-1 of the Code of | ||||||
3 | Criminal Procedure of 1963, (2) grand jury proceedings, (3) | ||||||
4 | status hearings, or (4) the issuance of an order or decision of | ||||||
5 | an Illinois court that dismisses a charge, reverses a | ||||||
6 | conviction, reduces a sentence, or releases an offender under | ||||||
7 | a court rule.
| ||||||
8 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
9 | friends of the victim, witnesses to the
crime, or any other | ||||||
10 | person associated with the victim or prisoner. | ||||||
11 | (g) "Victim's attorney" means an attorney retained by the | ||||||
12 | victim for the purposes of asserting the victim's | ||||||
13 | constitutional and statutory rights. An attorney retained by | ||||||
14 | the victim means an attorney who is hired to represent the | ||||||
15 | victim at the victim's expense or an attorney who has agreed to | ||||||
16 | provide pro bono representation. Nothing in this statute | ||||||
17 | creates a right to counsel at public expense for a victim. | ||||||
18 | (h) "Support person" means a person chosen by a victim to | ||||||
19 | be 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 | ||||||
23 | meanings:
| ||||||
24 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
25 | person determined by the prosecutor or the court to have |
| |||||||
| |||||||
1 | suffered direct physical or psychological harm as a result of | ||||||
2 | a violent crime perpetrated or attempted against that person | ||||||
3 | or direct physical or psychological harm as a result of (i) a | ||||||
4 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
5 | similar provision of a local ordinance or (ii) a violation of | ||||||
6 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
7 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
8 | years of age or an adult victim who is incompetent or | ||||||
9 | incapacitated, both parents, legal guardians, foster parents, | ||||||
10 | or a single adult representative; (3) in the case of an adult | ||||||
11 | deceased victim, 2 representatives who may be the spouse, | ||||||
12 | parent, child or sibling of the victim, or the representative | ||||||
13 | of the victim's estate; and (4) an immediate family member of a | ||||||
14 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
15 | victim. If the victim is 18 years of age or over, the victim | ||||||
16 | may choose any person to be the victim's representative. In no | ||||||
17 | event shall the defendant or any person who aided and abetted | ||||||
18 | in the commission of the crime be considered a victim, a crime | ||||||
19 | victim, or a representative of the victim. | ||||||
20 | A board, agency, or other governmental entity making | ||||||
21 | decisions regarding an offender's release, sentence reduction, | ||||||
22 | or clemency can determine additional persons are victims for | ||||||
23 | the purpose of its proceedings.
| ||||||
24 | (a-3) "Advocate" means a person whose communications with | ||||||
25 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
26 | the Code of Civil Procedure, or Section 227 of the Illinois |
| |||||||
| |||||||
1 | Domestic Violence Act of 1986. | ||||||
2 | (a-5) "Confer" means to consult together, share | ||||||
3 | information, compare opinions and carry on a discussion or | ||||||
4 | deliberation. | ||||||
5 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
6 | imposition of sentence, a request for a reduction in sentence, | ||||||
7 | parole, mandatory supervised release, aftercare release, early | ||||||
8 | release, inpatient treatment, outpatient treatment, | ||||||
9 | conditional release after a finding that the defendant is not | ||||||
10 | guilty by reason of insanity, clemency, or a proposal that | ||||||
11 | would reduce the defendant's sentence or result in the | ||||||
12 | defendant's release. "Early release" refers to a discretionary | ||||||
13 | release. | ||||||
14 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
15 | imposition of sentence and a request for a reduction in | ||||||
16 | sentence, parole, mandatory supervised release, aftercare | ||||||
17 | release, early release, consideration of inpatient treatment | ||||||
18 | or outpatient treatment, or conditional release after a | ||||||
19 | finding that the defendant is not guilty by reason of | ||||||
20 | insanity. | ||||||
21 | (a-10) "Status hearing" means a hearing designed to | ||||||
22 | provide information to the court, at which no motion of a | ||||||
23 | substantive nature and no constitutional or statutory right of | ||||||
24 | a crime victim is implicated or at issue. | ||||||
25 | (b) "Witness" means: any person who personally observed | ||||||
26 | the commission of
a crime and who will testify on behalf of the |
| |||||||
| |||||||
1 | State of Illinois; or a person who will be called by the | ||||||
2 | prosecution to give testimony establishing a necessary nexus | ||||||
3 | between the offender and the violent crime.
| ||||||
4 | (c) "Violent crime" means: (1) any felony in which force | ||||||
5 | or threat of force was
used against the victim; (2) any offense | ||||||
6 | involving sexual exploitation, sexual
conduct, or sexual | ||||||
7 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
8 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
10 | violation of an order of
protection, a civil no contact order, | ||||||
11 | or a stalking no contact order; (6) any misdemeanor which | ||||||
12 | results in death or great bodily
harm to the victim; or (7) any | ||||||
13 | violation of Section 9-3 of the Criminal Code of
1961 or the | ||||||
14 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
15 | Vehicle
Code, or a similar provision of a local ordinance, if | ||||||
16 | the violation resulted
in personal injury or death. "Violent | ||||||
17 | crime" includes any action committed by a juvenile
that would | ||||||
18 | be a violent crime if committed by an adult. For the purposes | ||||||
19 | of
this paragraph, "personal injury" shall include any Type A | ||||||
20 | injury as indicated
on the traffic crash report completed by a | ||||||
21 | law enforcement officer that
requires immediate professional | ||||||
22 | attention in either a doctor's office or
medical facility. A | ||||||
23 | type A injury shall include severely bleeding wounds,
| ||||||
24 | distorted extremities, and injuries that require the injured | ||||||
25 | party to be
carried from the scene.
| ||||||
26 | (d) (Blank).
|
| |||||||
| |||||||
1 | (e) "Court proceedings" includes, but is not limited to, | ||||||
2 | the preliminary hearing, any post-arraignment hearing the
| ||||||
3 | effect of which may be the release of the defendant from | ||||||
4 | custody or to alter
the conditions of bond, change of plea | ||||||
5 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
6 | sentencing, any oral argument or hearing before an Illinois | ||||||
7 | appellate court, any hearing under the Mental Health and | ||||||
8 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
9 | Unified Code of Corrections after a finding that the defendant | ||||||
10 | is not guilty by reason of insanity, including a hearing for | ||||||
11 | conditional release, any
hearing related to a modification of | ||||||
12 | sentence, probation revocation hearing, aftercare release or | ||||||
13 | parole hearings, post-conviction relief proceedings, habeas | ||||||
14 | corpus proceedings and clemency proceedings related to the | ||||||
15 | defendant's conviction or sentence. For purposes of the | ||||||
16 | victim's right to be present, "court proceedings" does not | ||||||
17 | include (1) hearings under Section 109-1 of the Code of | ||||||
18 | Criminal Procedure of 1963, (2) grand jury proceedings, (2) | ||||||
19 | (3) status hearings, or (3) (4) the issuance of an order or | ||||||
20 | decision of an Illinois court that dismisses a charge, | ||||||
21 | reverses a conviction, reduces a sentence, or releases an | ||||||
22 | offender under a court rule.
| ||||||
23 | (f) "Concerned citizen"
includes relatives of the victim, | ||||||
24 | friends of the victim, witnesses to the
crime, or any other | ||||||
25 | person associated with the victim or prisoner. | ||||||
26 | (g) "Victim's attorney" means an attorney retained by the |
| |||||||
| |||||||
1 | victim for the purposes of asserting the victim's | ||||||
2 | constitutional and statutory rights. An attorney retained by | ||||||
3 | the victim means an attorney who is hired to represent the | ||||||
4 | victim at the victim's expense or an attorney who has agreed to | ||||||
5 | provide pro bono representation. Nothing in this statute | ||||||
6 | creates a right to counsel at public expense for a victim. | ||||||
7 | (h) "Support person" means a person chosen by a victim to | ||||||
8 | be 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 |
| |||||||
| |||||||
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 | ||||||
25 | offense committed in this State shall provide a crime victim | ||||||
26 | with a written statement and explanation of the rights of |
| |||||||
| |||||||
1 | crime victims under this amendatory Act of the 99th General | ||||||
2 | Assembly within 48 hours of law enforcement's initial contact | ||||||
3 | with a victim. The statement shall include information about | ||||||
4 | crime victim compensation, including how to contact the Office | ||||||
5 | of the Illinois Attorney General to file a claim, and | ||||||
6 | appropriate referrals to local and State programs that provide | ||||||
7 | victim services. The content of the statement shall be | ||||||
8 | provided to law enforcement by the Attorney General. Law | ||||||
9 | enforcement shall also provide a crime victim with a sign-off | ||||||
10 | sheet that the victim shall sign and date as an | ||||||
11 | acknowledgement that he or she has been furnished with | ||||||
12 | information and an explanation of the rights of crime victims | ||||||
13 | and compensation set forth in this Act. | ||||||
14 | (b-5) Upon the request of the victim, the law enforcement | ||||||
15 | agency having jurisdiction shall provide a free copy of the | ||||||
16 | police report concerning the victim's incident, as soon as | ||||||
17 | practicable, but in no event later than 5 business days from | ||||||
18 | the request. | ||||||
19 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
20 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
21 | Illinois Constitution and subsection (a) of this Section | ||||||
22 | within 3 feet of the door to any courtroom where criminal | ||||||
23 | proceedings are conducted. The clerk may also post the rights | ||||||
24 | in other locations in the courthouse. | ||||||
25 | (d) At any point, the victim has the right to retain a | ||||||
26 | victim's attorney who may be present during all stages of any |
| |||||||
| |||||||
1 | interview, investigation, or other interaction with | ||||||
2 | representatives of the criminal justice system. Treatment of | ||||||
3 | the victim should not be affected or altered in any way as a | ||||||
4 | result 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 | ||||||
8 | victims. To afford
crime victims their rights, law | ||||||
9 | enforcement, prosecutors, judges, and
corrections will provide | ||||||
10 | information, as appropriate, of the following
procedures:
| ||||||
11 | (a) At the request of the crime victim, law enforcement | ||||||
12 | authorities
investigating the case shall provide notice of the | ||||||
13 | status of the investigation,
except where the State's Attorney | ||||||
14 | determines that disclosure of such
information would | ||||||
15 | unreasonably interfere with the investigation, until such
time | ||||||
16 | as the alleged assailant is apprehended or the investigation | ||||||
17 | is closed.
| ||||||
18 | (a-5) When law enforcement authorities reopen a closed | ||||||
19 | case to resume investigating, they shall provide notice of the | ||||||
20 | reopening of the case, except where the State's Attorney | ||||||
21 | determines that disclosure of such information would | ||||||
22 | unreasonably 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 | ||||||
7 | are afforded. | ||||||
8 | (c-5) The following procedures shall be followed to afford | ||||||
9 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
10 | Illinois 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | or all of their
obligations to provide notices and other | ||||||
9 | information through participation in a
statewide victim and | ||||||
10 | witness notification system established by the Attorney
| ||||||
11 | General under Section 8.5 of this Act.
| ||||||
12 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
13 | number that may be accessed by the crime victim to present a | ||||||
14 | victim 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; | ||||||
17 | 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff. | ||||||
18 | 8-20-21; 102-813, eff. 5-13-22 .)
| ||||||
19 | Section 1-245. The Pretrial Services Act is amended by | ||||||
20 | changing 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 | ||||||
23 | following duties
for the circuit court:
| ||||||
24 | (a) Interview and assemble verified information and data |
| |||||||
| |||||||
1 | concerning the
community ties, employment, residency, criminal | ||||||
2 | record, and social
background of arrested persons who are to | ||||||
3 | be, or have been, presented in
court for first appearance on | ||||||
4 | felony charges, to assist the court in
determining the | ||||||
5 | appropriate terms and conditions of pretrial release;
| ||||||
6 | (b) Submit written reports of those investigations to the | ||||||
7 | court along
with such findings and recommendations, if any, as | ||||||
8 | may be necessary to assess appropriate conditions which shall | ||||||
9 | be imposed to protect against the
risks of nonappearance and | ||||||
10 | commission of new offenses or other interference
with the | ||||||
11 | orderly administration of justice before trial; :
| ||||||
12 | (1) the need for financial security to assure the | ||||||
13 | defendant's appearance
at later proceedings; and
| ||||||
14 | (2) appropriate conditions which shall be imposed to | ||||||
15 | protect against the
risks of nonappearance and commission of | ||||||
16 | new offenses or other interference
with the orderly | ||||||
17 | administration of justice before trial;
| ||||||
18 | (c) Supervise compliance with pretrial release
conditions, | ||||||
19 | and promptly report
violations of those conditions to the | ||||||
20 | court and prosecutor to ensure assure
effective enforcement;
| ||||||
21 | (d) Cooperate with the court and all other criminal | ||||||
22 | justice agencies in
the development of programs to minimize | ||||||
23 | unnecessary pretrial detention and
protect the public against | ||||||
24 | breaches of pretrial release conditions; and
| ||||||
25 | (e) Monitor the local operations of the pretrial release | ||||||
26 | system
and maintain accurate and comprehensive records of |
| |||||||
| |||||||
1 | program 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 | ||||||
5 | services agency
unless he or she has first been apprised of the | ||||||
6 | identity and purpose of the
interviewer, the scope of the | ||||||
7 | interview, the right to secure legal advice,
and the right to | ||||||
8 | refuse cooperation. Inquiry of the defendant shall
carefully | ||||||
9 | exclude questions concerning the details of the current | ||||||
10 | charge.
Statements made by the defendant during the interview, | ||||||
11 | or evidence derived
therefrom, are admissible in
evidence only | ||||||
12 | when the court is considering the imposition of pretrial or
| ||||||
13 | posttrial conditions to bail or recognizance of release, | ||||||
14 | denial of pretrial release , or when considering the
| ||||||
15 | modification 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 | ||||||
19 | all
factual findings on which any recommendation and | ||||||
20 | conclusions contained
therein are based together with the | ||||||
21 | source of each fact, and shall contain information
and data | ||||||
22 | relevant to appropriate conditions imposed to protect against | ||||||
23 | the risk of
nonappearance and commission of new offenses or | ||||||
24 | other interference with the
orderly administration of justice |
| |||||||
| |||||||
1 | before trial. the following issues:
| ||||||
2 | (a) The need for financial security to assure the | ||||||
3 | defendant's appearance
for later court proceedings; and
| ||||||
4 | (b) Appropriate conditions imposed to protect against the | ||||||
5 | risk of
nonappearance and commission of new offenses or other | ||||||
6 | interference with the
orderly administration of justice before | ||||||
7 | trial.
| ||||||
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 | ||||||
11 | under
Sections 17 and 19, pretrial services agencies shall in
| ||||||
12 | appropriate cases
include specific recommendations for the | ||||||
13 | setting the conditions , increase, or decrease of
pretrial | ||||||
14 | release bail ; the release of the interviewee on his own | ||||||
15 | recognizance in sums
certain; and the imposition of pretrial | ||||||
16 | conditions of pretrial release to bail or recognizance
| ||||||
17 | designed to minimize the risks of nonappearance, the | ||||||
18 | commission of new
offenses while awaiting trial, and other | ||||||
19 | potential interference with the
orderly administration of | ||||||
20 | justice. In establishing objective internal
criteria of any | ||||||
21 | such recommendation policies, the agency may utilize
so-called | ||||||
22 | "point scales" for evaluating the aforementioned risks,
but no | ||||||
23 | interviewee shall be considered as ineligible for particular | ||||||
24 | agency
recommendations by sole reference to such procedures.
| ||||||
25 | (Source: P.A. 91-357, eff. 7-29-99; 101-652.)
|
| |||||||
| |||||||
1 | (725 ILCS 185/22) (from Ch. 38, par. 322)
| ||||||
2 | Sec. 22.
If so ordered by the court, the pretrial services | ||||||
3 | agency
shall prepare and submit for
the court's approval and | ||||||
4 | signature a uniform release order on the uniform
form | ||||||
5 | established by the Supreme Court in all
cases where an | ||||||
6 | interviewee may be released from custody under conditions
| ||||||
7 | contained in an agency report. Such conditions shall become | ||||||
8 | part of the
conditions of pretrial release the bail bond . A | ||||||
9 | copy of the uniform release order shall
be provided to the | ||||||
10 | defendant and defendant's attorney of record, and the | ||||||
11 | prosecutor.
| ||||||
12 | (Source: P.A. 84-1449; 101-652.)
| ||||||
13 | (725 ILCS 185/34) | ||||||
14 | Sec. 34. Probation and court services departments | ||||||
15 | considered pretrial services agencies. For the purposes of | ||||||
16 | administering the provisions of Public Act 95-773, known as | ||||||
17 | the Cindy Bischof Law, all probation and court services | ||||||
18 | departments are to be considered pretrial services agencies | ||||||
19 | under this Act and under the pretrial release bail bond | ||||||
20 | provisions 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 | ||||||
23 | is amended by changing the title of the Act and Sections 0.01, |
| |||||||
| |||||||
1 | 1, 2, 3, and 5 as follows:
| ||||||
2 | (725 ILCS 195/Act title)
| ||||||
3 | An Act to authorize designated officers
to let persons | ||||||
4 | charged with quasi-criminal offenses and misdemeanors to
| ||||||
5 | pretrial release bail and to accept and receipt for fines on | ||||||
6 | pleas of guilty in minor
offenses, in accordance with | ||||||
7 | schedules 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
| ||||||
10 | Quasi-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 | ||||||
14 | rule or
order of the Supreme Court establishing a uniform form | ||||||
15 | schedule prescribing
the conditions of pretrial release | ||||||
16 | amounts of bail for specified conservation cases, traffic | ||||||
17 | cases,
quasi-criminal offenses and misdemeanors, any general | ||||||
18 | superintendent,
chief, captain, lieutenant, or sergeant of | ||||||
19 | police, or other police
officer, the sheriff, the circuit | ||||||
20 | clerk, and any deputy sheriff or
deputy circuit clerk | ||||||
21 | designated by the Circuit Court for the purpose,
are | ||||||
22 | authorized to let to pretrial release bail any person charged | ||||||
23 | with a quasi-criminal
offense or misdemeanor and to accept and |
| |||||||
| |||||||
1 | receipt for bonds or cash bail
in accordance with regulations | ||||||
2 | established by rule or order of the
Supreme Court . Unless | ||||||
3 | otherwise provided by Supreme Court Rule, no such
bail may be | ||||||
4 | posted or accepted in any place other
than a police station, | ||||||
5 | sheriff's office or jail, or other county,
municipal or other | ||||||
6 | building housing governmental units, or a division
| ||||||
7 | headquarters building of the Illinois State Police. Bonds and | ||||||
8 | cash so
received shall be delivered to the office of the | ||||||
9 | circuit clerk or that
of his designated deputy as provided by | ||||||
10 | regulation. Such cash and
securities so received shall be | ||||||
11 | delivered to the office of such clerk or
deputy clerk within at | ||||||
12 | least 48 hours of receipt or within the time set
for the | ||||||
13 | accused's appearance in court whichever is earliest.
| ||||||
14 | In all cases where a person is admitted to bail under a | ||||||
15 | uniform
schedule prescribing the amount of bail for specified | ||||||
16 | conservation
cases, traffic cases, quasi-criminal offenses and | ||||||
17 | misdemeanors the
provisions of Section 110-15 of the "Code of | ||||||
18 | Criminal Procedure of
1963", approved August 14, 1963, as | ||||||
19 | amended 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 | ||||||
23 | or deposit of cash bail shall be
that the accused will appear | ||||||
24 | to answer the charge in court at a time and
place specified in | ||||||
25 | the pretrial release form bond and thereafter as ordered by |
| |||||||
| |||||||
1 | the court until
discharged on final order of the court and to | ||||||
2 | submit himself to the orders
and process of the court. The | ||||||
3 | accused shall be furnished with an official
receipt on a form | ||||||
4 | prescribed by rule of court for any cash or other
security | ||||||
5 | deposited, and shall receive a copy of the pretrial release | ||||||
6 | form bond specifying the
time and place of his court | ||||||
7 | appearance.
| ||||||
8 | Upon performance of the conditions of the pretrial release | ||||||
9 | bond , the pretrial release form bond shall be null
and void and | ||||||
10 | the accused shall be released from the conditions of pretrial | ||||||
11 | release any cash bail or other security shall be returned to | ||||||
12 | the
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 | ||||||
16 | pretrial release making bond or depositing cash bail as | ||||||
17 | provided in this Act
or the deposit of other security | ||||||
18 | authorized by law , any accused person has
the right to be | ||||||
19 | brought without unnecessary delay before the nearest or
most | ||||||
20 | accessible judge of the circuit to be dealt with according to | ||||||
21 | law.
| ||||||
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 |
| |||||||
| |||||||
1 | bail or pleas of guilty by this Act who
violates any provision | ||||||
2 | of 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 | ||||||
5 | by changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, | ||||||
6 | and 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 | ||||||
10 | forth:
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | administered by the Department under Section 5-8-1.1. | ||||||
2 | (b) The investigation shall include a physical and mental
| ||||||
3 | examination of the defendant when so ordered by the court. If
| ||||||
4 | the court determines that such an examination should be made, | ||||||
5 | it
shall issue an order that the defendant submit to | ||||||
6 | examination at
such time and place as designated by the court | ||||||
7 | and that such
examination be conducted by a physician, | ||||||
8 | psychologist or
psychiatrist designated by the court. Such an | ||||||
9 | examination may
be conducted in a court clinic if so ordered by | ||||||
10 | the court. The
cost of such examination shall be paid by the | ||||||
11 | county in which
the trial is held.
| ||||||
12 | (b-5) In cases involving felony sex offenses in which the | ||||||
13 | offender is being considered for probation only or any felony | ||||||
14 | offense that is
sexually motivated as defined in the Sex | ||||||
15 | Offender Management Board Act in which the offender is being | ||||||
16 | considered for probation only, the
investigation shall include | ||||||
17 | a sex offender evaluation by an evaluator approved
by the | ||||||
18 | Board and conducted in conformance with the standards | ||||||
19 | developed under
the Sex Offender Management Board Act. In | ||||||
20 | cases in which the offender is being considered for any | ||||||
21 | mandatory prison sentence, the investigation shall not include | ||||||
22 | a sex offender evaluation.
| ||||||
23 | (c) In misdemeanor, business offense or petty offense | ||||||
24 | cases, except as
specified in subsection (d) of this Section, | ||||||
25 | when a presentence report has
been ordered by the court, such | ||||||
26 | presentence report shall contain
information on the |
| |||||||
| |||||||
1 | defendant's history of delinquency or criminality and
shall | ||||||
2 | further contain only those matters listed in any of paragraphs | ||||||
3 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
4 | Section as are
specified by the court in its order for the | ||||||
5 | report.
| ||||||
6 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
7 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
8 | 2012, the presentence report shall set forth
information about | ||||||
9 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
10 | other treatment programs and facilities, information on the | ||||||
11 | defendant's
history of delinquency or criminality, and shall | ||||||
12 | contain those additional
matters listed in any of paragraphs | ||||||
13 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
14 | Section as are specified by the court.
| ||||||
15 | (e) Nothing in this Section shall cause the defendant to | ||||||
16 | be
held without pretrial release bail or to have his pretrial | ||||||
17 | release bail revoked for the purpose
of preparing the | ||||||
18 | presentence report or making an examination.
| ||||||
19 | (Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
20 | 102-558, 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 | ||||||
24 | sentencing.
| ||||||
25 | (a) The following factors shall be accorded weight in |
| |||||||
| |||||||
1 | favor of
imposing a term of imprisonment or may be considered | ||||||
2 | by the court as reasons
to impose a more severe sentence under | ||||||
3 | Section 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;
|
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
10 | secondary school, community college, college, or university.
| ||||||
11 | "Day care center" means a public or private State | ||||||
12 | certified and
licensed day care center as defined in Section | ||||||
13 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
14 | plain view stating that the
property is a day care center.
| ||||||
15 | "Intellectual disability" means significantly subaverage | ||||||
16 | intellectual functioning which exists concurrently
with | ||||||
17 | impairment in adaptive behavior. | ||||||
18 | "Public transportation" means the transportation
or | ||||||
19 | conveyance of persons by means available to the general | ||||||
20 | public, and includes paratransit services. | ||||||
21 | "Traffic control devices" means all signs, signals, | ||||||
22 | markings, and devices that conform to the Illinois Manual on | ||||||
23 | Uniform Traffic Control Devices, placed or erected by | ||||||
24 | authority of a public body or official having jurisdiction, | ||||||
25 | for the purpose of regulating, warning, or guiding traffic. | ||||||
26 | (b) The following factors, related to all felonies, may be |
| |||||||
| |||||||
1 | considered by the court as
reasons to impose an extended term | ||||||
2 | sentence 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
18 | as reasons to impose an extended term sentence under Section | ||||||
19 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
20 | offenses: | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
20 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
21 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
22 | (e) The court may impose an extended term sentence under | ||||||
23 | Article 4.5 of Chapter V upon an offender who has been | ||||||
24 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
25 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
26 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
| |||||||
| |||||||
1 | when the victim of the offense is under 18 years of age at the | ||||||
2 | time of the commission of the offense and, during the | ||||||
3 | commission of the offense, the victim was under the influence | ||||||
4 | of alcohol, regardless of whether or not the alcohol was | ||||||
5 | supplied by the offender; and the offender, at the time of the | ||||||
6 | commission of the offense, knew or should have known that the | ||||||
7 | victim had consumed alcohol. | ||||||
8 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
9 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
10 | 8-20-21 .) | ||||||
11 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
12 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
13 | sentencing.
| ||||||
14 | (a) The following factors shall be accorded weight in | ||||||
15 | favor of
imposing a term of imprisonment or may be considered | ||||||
16 | by the court as reasons
to impose a more severe sentence under | ||||||
17 | Section 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
25 | secondary school, community college, college, or university.
| ||||||
26 | "Day care center" means a public or private State |
| |||||||
| |||||||
1 | certified and
licensed day care center as defined in Section | ||||||
2 | 2.09 of the Child Care Act of
1969 that displays a sign in | ||||||
3 | plain view stating that the
property is a day care center.
| ||||||
4 | "Intellectual disability" means significantly subaverage | ||||||
5 | intellectual functioning which exists concurrently
with | ||||||
6 | impairment in adaptive behavior. | ||||||
7 | "Public transportation" means the transportation
or | ||||||
8 | conveyance of persons by means available to the general | ||||||
9 | public, and includes paratransit services. | ||||||
10 | "Traffic control devices" means all signs, signals, | ||||||
11 | markings, and devices that conform to the Illinois Manual on | ||||||
12 | Uniform Traffic Control Devices, placed or erected by | ||||||
13 | authority of a public body or official having jurisdiction, | ||||||
14 | for the purpose of regulating, warning, or guiding traffic. | ||||||
15 | (b) The following factors, related to all felonies, may be | ||||||
16 | considered by the court as
reasons to impose an extended term | ||||||
17 | sentence 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | as reasons to impose an extended term sentence under Section | ||||||
8 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
9 | offenses: | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
9 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
10 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
11 | (e) The court may impose an extended term sentence under | ||||||
12 | Article 4.5 of Chapter V upon an offender who has been | ||||||
13 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
14 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
15 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
16 | when the victim of the offense is under 18 years of age at the | ||||||
17 | time of the commission of the offense and, during the | ||||||
18 | commission of the offense, the victim was under the influence | ||||||
19 | of alcohol, regardless of whether or not the alcohol was | ||||||
20 | supplied by the offender; and the offender, at the time of the | ||||||
21 | commission of the offense, knew or should have known that the | ||||||
22 | victim had consumed alcohol. | ||||||
23 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
24 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
25 | 8-20-21; 102-982, eff. 7-1-23 .)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| ||||||
2 | Sec. 5-6-4. Violation, Modification or Revocation of | ||||||
3 | Probation, of
Conditional Discharge or Supervision or of a | ||||||
4 | sentence of county impact
incarceration - Hearing.
| ||||||
5 | (a) Except in cases where
conditional discharge or | ||||||
6 | supervision was imposed for a petty offense as
defined in | ||||||
7 | Section 5-1-17, when a petition is filed charging a violation | ||||||
8 | of
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 | ||||||
26 | probation or
the issuance of such warrant, summons or notice |
| |||||||
| |||||||
1 | shall toll the period of
probation, conditional discharge, | ||||||
2 | supervision, or sentence of
county impact incarceration until
| ||||||
3 | the final determination of the charge, and the term of | ||||||
4 | probation,
conditional discharge, supervision, or sentence of | ||||||
5 | county impact
incarceration shall not run until the hearing | ||||||
6 | and
disposition of the petition for violation.
| ||||||
7 | (b) The court shall conduct a hearing of the alleged | ||||||
8 | violation. The
court shall admit the offender to pretrial | ||||||
9 | release bail pending the hearing unless the
alleged violation | ||||||
10 | is itself a criminal offense in which case the
offender shall | ||||||
11 | be admitted to pretrial release bail on such terms as are | ||||||
12 | provided in the
Code of Criminal Procedure of 1963, as | ||||||
13 | amended. In any case where an
offender remains incarcerated | ||||||
14 | only as a result of his alleged violation of
the court's | ||||||
15 | earlier order of probation, supervision, conditional
| ||||||
16 | discharge, or county impact incarceration such hearing shall | ||||||
17 | be held within
14 days of the onset of
said incarceration, | ||||||
18 | unless the alleged violation is the commission of
another | ||||||
19 | offense by the offender during the period of probation, | ||||||
20 | supervision
or conditional discharge in which case such | ||||||
21 | hearing shall be held within
the time limits described in | ||||||
22 | Section 103-5 of the Code of Criminal
Procedure of 1963, as | ||||||
23 | amended.
| ||||||
24 | (c) The State has the burden of going forward with the | ||||||
25 | evidence and
proving the violation by the preponderance of the | ||||||
26 | evidence. The evidence
shall be presented in open court with |
| |||||||
| |||||||
1 | the right of confrontation,
cross-examination, and | ||||||
2 | representation by counsel.
| ||||||
3 | (d) Probation, conditional discharge, periodic | ||||||
4 | imprisonment and
supervision shall not be revoked for failure | ||||||
5 | to comply with conditions
of a sentence or supervision, which | ||||||
6 | imposes financial obligations upon the
offender unless such | ||||||
7 | failure is due to his willful refusal to pay.
| ||||||
8 | (e) If the court finds that the offender has violated a | ||||||
9 | condition at
any time prior to the expiration or termination | ||||||
10 | of the period, it may
continue him on the existing sentence, | ||||||
11 | with or without modifying or
enlarging the conditions, or may | ||||||
12 | impose any other sentence that was
available under Article 4.5 | ||||||
13 | of Chapter V of this Code or Section 11-501 of the Illinois | ||||||
14 | Vehicle Code at the time of initial sentencing.
If the court | ||||||
15 | finds that the person has failed to successfully complete his | ||||||
16 | or
her sentence to a county impact incarceration program, the | ||||||
17 | court may impose any
other sentence that was available under | ||||||
18 | Article 4.5 of Chapter V of this Code or Section 11-501 of the | ||||||
19 | Illinois Vehicle Code at the time of initial
sentencing,
| ||||||
20 | except for a sentence of probation or conditional discharge. | ||||||
21 | If the court finds that the offender has violated paragraph | ||||||
22 | (8.6) of subsection (a) of Section 5-6-3, the court shall | ||||||
23 | revoke the probation of the offender. If the court finds that | ||||||
24 | the offender has violated subsection (o) of Section 5-6-3.1, | ||||||
25 | the court shall revoke the supervision of the offender.
| ||||||
26 | (f) The conditions of probation, of conditional discharge, |
| |||||||
| |||||||
1 | of
supervision, or of a sentence of county impact | ||||||
2 | incarceration may be
modified by the court on motion of the | ||||||
3 | supervising agency or on its own motion or at the request of | ||||||
4 | the offender after
notice and a hearing.
| ||||||
5 | (g) A judgment revoking supervision, probation, | ||||||
6 | conditional
discharge, or a sentence of county impact | ||||||
7 | incarceration is a final
appealable order.
| ||||||
8 | (h) Resentencing after revocation of probation, | ||||||
9 | conditional
discharge, supervision, or a sentence of county | ||||||
10 | impact
incarceration shall be under Article 4. The term on
| ||||||
11 | probation, conditional discharge or supervision shall not be | ||||||
12 | credited by
the court against a sentence of imprisonment or | ||||||
13 | periodic imprisonment
unless the court orders otherwise. The | ||||||
14 | amount of credit to be applied against a sentence of | ||||||
15 | imprisonment or periodic imprisonment when the defendant | ||||||
16 | served a term or partial term of periodic imprisonment shall | ||||||
17 | be calculated upon the basis of the actual days spent in | ||||||
18 | confinement rather than the duration of the term.
| ||||||
19 | (i) Instead of filing a violation of probation, | ||||||
20 | conditional discharge,
supervision, or a sentence of county | ||||||
21 | impact incarceration, an agent or
employee of the
supervising | ||||||
22 | agency with the concurrence of his or
her
supervisor may serve | ||||||
23 | on the defendant a Notice of Intermediate Sanctions.
The
| ||||||
24 | Notice shall contain the technical violation or violations | ||||||
25 | involved, the date
or dates of the violation or violations, | ||||||
26 | and the intermediate sanctions to be
imposed. Upon receipt of |
| |||||||
| |||||||
1 | the Notice, the defendant shall immediately accept or
reject | ||||||
2 | the intermediate sanctions. If the sanctions are accepted, | ||||||
3 | they shall
be imposed immediately. If the intermediate | ||||||
4 | sanctions are rejected or the
defendant does not respond to | ||||||
5 | the Notice, a violation of probation, conditional
discharge, | ||||||
6 | supervision, or a sentence of county impact incarceration
| ||||||
7 | shall be immediately filed with the court. The
State's | ||||||
8 | Attorney and the sentencing court shall be notified of the | ||||||
9 | Notice of
Sanctions. Upon successful completion of the | ||||||
10 | intermediate sanctions, a court
may not revoke probation, | ||||||
11 | conditional discharge, supervision, or a
sentence of county | ||||||
12 | impact incarceration or impose
additional sanctions for the | ||||||
13 | same violation.
A notice of intermediate sanctions may not be | ||||||
14 | issued for any violation of
probation, conditional discharge, | ||||||
15 | supervision, or a sentence of county
impact incarceration | ||||||
16 | which could warrant an
additional, separate felony charge.
The | ||||||
17 | intermediate sanctions shall include a term of home detention | ||||||
18 | as provided
in Article 8A of Chapter V of this Code for | ||||||
19 | multiple or repeat violations of
the terms and conditions of a | ||||||
20 | sentence of probation, conditional discharge, or
supervision. | ||||||
21 | (j) When an offender is re-sentenced after revocation of | ||||||
22 | probation that was imposed in combination with a sentence of | ||||||
23 | imprisonment for the same offense, the aggregate of the | ||||||
24 | sentences may not exceed the maximum term authorized under | ||||||
25 | Article 4.5 of Chapter V.
| ||||||
26 | (k)(1) On and after the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 101st General Assembly, this subsection (k) shall | ||||||
2 | apply to arrest warrants in Cook County only. An arrest
| ||||||
3 | warrant issued under paragraph (3) of subsection (a) when the | ||||||
4 | underlying conviction is for the offense of theft, retail | ||||||
5 | theft, or possession of a controlled substance shall
remain | ||||||
6 | active for a period not to exceed 10 years from the date the | ||||||
7 | warrant was issued unless a motion to extend the warrant is | ||||||
8 | filed by the office of the State's Attorney or by, or on behalf | ||||||
9 | of, the agency supervising the wanted person. A motion to
| ||||||
10 | extend the warrant shall be filed within one year before the | ||||||
11 | warrant expiration date
and notice shall be provided to the
| ||||||
12 | office 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 | ||||||
15 | quashed and recalled as a
matter of law under paragraph (1) of | ||||||
16 | this subsection (k) and
the wanted person's period of | ||||||
17 | probation, conditional
discharge, or supervision shall | ||||||
18 | terminate 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
| ||||||
22 | Conditional Discharge or Supervision - Hearing.)
| ||||||
23 | (a) In cases where a defendant was placed upon supervision | ||||||
24 | or conditional
discharge for the commission of a petty | ||||||
25 | offense, upon the oral or written
motion of the State, or on |
| |||||||
| |||||||
1 | the court's own motion, which charges that a
violation of a | ||||||
2 | condition of that conditional discharge or supervision has
| ||||||
3 | occurred, 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 | ||||||
11 | issuance of such warrant,
summons or notice shall toll the | ||||||
12 | period of conditional discharge or supervision
until the final | ||||||
13 | determination of the charge, and the term of conditional
| ||||||
14 | discharge or supervision shall not run until the hearing and | ||||||
15 | disposition
of the petition for violation.
| ||||||
16 | (b) The Court shall admit the offender to pretrial release | ||||||
17 | bail pending the hearing.
| ||||||
18 | (c) The State has the burden of going forward with the | ||||||
19 | evidence and
proving the violation by the preponderance of the | ||||||
20 | evidence. The evidence
shall be presented in open court with | ||||||
21 | the right of confrontation,
cross-examination, and | ||||||
22 | representation by counsel.
| ||||||
23 | (d) Conditional discharge or supervision shall not be | ||||||
24 | revoked for failure
to comply with the conditions of the | ||||||
25 | discharge or supervision which imposed
financial obligations | ||||||
26 | upon the offender unless such failure is due to his
wilful |
| |||||||
| |||||||
1 | refusal to pay.
| ||||||
2 | (e) If the court finds that the offender has violated a | ||||||
3 | condition at
any time prior to the expiration or termination | ||||||
4 | of the period, it may
continue him on the existing sentence or | ||||||
5 | supervision with or without modifying
or
enlarging the | ||||||
6 | conditions, or may impose any other sentence that was
| ||||||
7 | available under Article 4.5 of Chapter V
of this Code or | ||||||
8 | Section 11-501 of the Illinois
Vehicle Code at the time of | ||||||
9 | initial sentencing.
| ||||||
10 | (f) The conditions of conditional discharge and of
| ||||||
11 | supervision may be modified by the court on motion of the | ||||||
12 | probation
officer or on its own motion or at the request of the | ||||||
13 | offender after
notice to the defendant and a hearing.
| ||||||
14 | (g) A judgment revoking supervision is a final appealable | ||||||
15 | order.
| ||||||
16 | (h) Resentencing after revocation of conditional
discharge | ||||||
17 | or of supervision shall be under Article 4. Time served on
| ||||||
18 | conditional discharge or supervision shall be credited by
the | ||||||
19 | court against a sentence of imprisonment or periodic | ||||||
20 | imprisonment
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 | ||||||
24 | the Prisoner Review Board, Department of Corrections, | ||||||
25 | Department of Juvenile Justice, or court (the supervising |
| |||||||
| |||||||
1 | authority) orders electronic surveillance as a condition of | ||||||
2 | parole, aftercare release, mandatory supervised release, early | ||||||
3 | release, probation, or conditional discharge for a violation | ||||||
4 | of an order of protection or as a condition of pretrial release | ||||||
5 | bail for a person charged with a violation of an order of | ||||||
6 | protection, the supervising authority shall use the best | ||||||
7 | available global positioning technology to track domestic | ||||||
8 | violence offenders. Best available technology must have | ||||||
9 | real-time and interactive capabilities that facilitate the | ||||||
10 | following objectives: (1) immediate notification to the | ||||||
11 | supervising authority of a breach of a court ordered exclusion | ||||||
12 | zone; (2) notification of the breach to the offender; and (3) | ||||||
13 | communication between the supervising authority, law | ||||||
14 | enforcement, and the victim, regarding the breach. The | ||||||
15 | supervising authority may also require that the electronic | ||||||
16 | surveillance ordered under this Section monitor the | ||||||
17 | consumption of alcohol or drugs.
| ||||||
18 | (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; | ||||||
19 | 100-201, 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 | ||||||
23 | 8-5-1 does
not: (1) affect any offense committed, act done, | ||||||
24 | prosecution pending,
penalty, punishment or forfeiture | ||||||
25 | incurred, or rights, powers or remedies
accrued under any law |
| |||||||
| |||||||
1 | in effect immediately prior to the effective date of
this | ||||||
2 | Code; (2) impair, avoid, or affect any grant or conveyance | ||||||
3 | made or
right acquired or cause of action then existing under | ||||||
4 | any such repealed Act
or amendment thereto; (3) affect or | ||||||
5 | impair the validity of any pretrial release bail or
other bond | ||||||
6 | or other obligation issued or sold and constituting a valid
| ||||||
7 | obligation of the issuing authority immediately prior to the | ||||||
8 | effective date
of this Code; (4) the validity of any contract; | ||||||
9 | or (5) the validity of any
tax levied under any law in effect | ||||||
10 | prior to the effective date of this
Code. The repeal of any | ||||||
11 | validating Act or part thereof shall not avoid the
effect of | ||||||
12 | the validation. No Act repealed by Section 8-5-1 shall repeal | ||||||
13 | any
Act or part thereof which embraces the same or a similar | ||||||
14 | subject matter as
the Act repealed.
| ||||||
15 | (Source: P.A. 78-255; 101-652.)
| ||||||
16 | Section 1-260. The Unified Code of Corrections is amended | ||||||
17 | by changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1, | ||||||
18 | 5-8-4, 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
| ||||||
22 | and regulations for awarding and revoking sentence credit for | ||||||
23 | persons committed to the Department of Corrections and the | ||||||
24 | Department of Juvenile Justice shall prescribe rules and |
| |||||||
| |||||||
1 | regulations for awarding and revoking sentence credit for | ||||||
2 | persons committed to the Department of Juvenile Justice under | ||||||
3 | Section 5-8-6 of the Unified Code of Corrections, which shall
| ||||||
4 | be subject to review by the Prisoner Review Board.
| ||||||
5 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
6 | awarded 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 | ||||||
16 | subsection (a), the rules and regulations on sentence credit | ||||||
17 | shall provide, with
respect to offenses listed in clause (i), | ||||||
18 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
19 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
20 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
21 | effective date of Public Act 94-71) or with
respect to offense | ||||||
22 | listed in clause (vi)
committed on or after June 1, 2008 (the | ||||||
23 | effective date of Public Act 95-625)
or with respect to the | ||||||
24 | offense of being an armed habitual criminal committed on or | ||||||
25 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
26 | or with respect to the offenses listed in clause (v) of this |
| |||||||
| |||||||
1 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
2 | effective date of Public Act 95-134) or with respect to the | ||||||
3 | offense of aggravated domestic battery committed on or after | ||||||
4 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
5 | with respect to the offense of attempt to commit terrorism | ||||||
6 | committed on or after January 1, 2013 (the effective date of | ||||||
7 | Public 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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
23 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
24 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
25 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
26 | subdivision (a)(2)(v) committed on or after August 13, 2007 |
| |||||||
| |||||||
1 | (the effective date of Public Act 95-134)
or subdivision | ||||||
2 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
3 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
4 | committed on or after July 23, 2010 (the effective date of | ||||||
5 | Public Act 96-1224), and other than the offense of aggravated | ||||||
6 | driving under the influence of alcohol, other drug or drugs, | ||||||
7 | or
intoxicating compound or compounds, or any combination | ||||||
8 | thereof as defined in
subparagraph (F) of paragraph (1) of | ||||||
9 | subsection (d) of Section 11-501 of the
Illinois Vehicle Code, | ||||||
10 | and other than the offense of aggravated driving under the | ||||||
11 | influence of alcohol,
other drug or drugs, or intoxicating | ||||||
12 | compound or compounds, or any combination
thereof as defined | ||||||
13 | in subparagraph (C) of paragraph (1) of subsection (d) of
| ||||||
14 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
15 | after January 1, 2011 (the effective date of Public Act | ||||||
16 | 96-1230),
the rules and regulations shall
provide that a | ||||||
17 | prisoner who is serving a term of
imprisonment shall receive | ||||||
18 | one day of sentence credit for each day of
his or her sentence | ||||||
19 | of imprisonment or recommitment under Section 3-3-9.
Each day | ||||||
20 | of sentence credit shall reduce by one day the prisoner's | ||||||
21 | period
of imprisonment or recommitment under Section 3-3-9.
| ||||||
22 | (2.2) A prisoner serving a term of natural life | ||||||
23 | imprisonment or a
prisoner who has been sentenced to death | ||||||
24 | shall receive no sentence
credit.
| ||||||
25 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
26 | subsection (a), the rules and regulations on sentence credit |
| |||||||
| |||||||
1 | shall provide that
a prisoner who is serving a sentence for | ||||||
2 | aggravated driving under the influence of alcohol,
other drug | ||||||
3 | or drugs, or intoxicating compound or compounds, or any | ||||||
4 | combination
thereof as defined in subparagraph (F) of | ||||||
5 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
6 | Illinois Vehicle Code, shall receive no more than 4.5
days of | ||||||
7 | sentence credit for each month of his or her sentence of
| ||||||
8 | imprisonment.
| ||||||
9 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
10 | subsection (a), the rules and regulations on sentence credit | ||||||
11 | shall provide with
respect to the offenses of aggravated | ||||||
12 | battery with a machine gun or a firearm
equipped with any | ||||||
13 | device or attachment designed or used for silencing the
report | ||||||
14 | of a firearm or aggravated discharge of a machine gun or a | ||||||
15 | firearm
equipped with any device or attachment designed or | ||||||
16 | used for silencing the
report of a firearm, committed on or | ||||||
17 | after
July 15, 1999 (the effective date of Public Act 91-121),
| ||||||
18 | that a prisoner serving a sentence for any of these offenses | ||||||
19 | shall receive no
more than 4.5 days of sentence credit for each | ||||||
20 | month of his or her sentence
of imprisonment.
| ||||||
21 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
22 | subsection (a), the rules and regulations on sentence credit | ||||||
23 | shall provide that a
prisoner who is serving a sentence for | ||||||
24 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
25 | effective date of Public Act 92-176) shall receive no more | ||||||
26 | than
4.5 days of sentence credit for each month of his or her |
| |||||||
| |||||||
1 | sentence of
imprisonment.
| ||||||
2 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
3 | subsection (a), the rules and regulations on sentence credit | ||||||
4 | shall provide that a
prisoner who is serving a sentence for | ||||||
5 | aggravated driving under the influence of alcohol,
other drug | ||||||
6 | or drugs, or intoxicating compound or compounds or any | ||||||
7 | combination
thereof as defined in subparagraph (C) of | ||||||
8 | paragraph (1) of subsection (d) of
Section 11-501 of the | ||||||
9 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
10 | (the effective date of Public Act 96-1230) shall receive no | ||||||
11 | more than 4.5
days of sentence credit for each month of his or | ||||||
12 | her sentence of
imprisonment. | ||||||
13 | (3) In addition to the sentence credits earned under | ||||||
14 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||||||
15 | subsection (a), the rules and regulations shall also provide | ||||||
16 | that
the Director of Corrections or the Director of Juvenile | ||||||
17 | Justice may award up to 180 days of earned sentence
credit for | ||||||
18 | prisoners serving a sentence of incarceration of less than 5 | ||||||
19 | years, and up to 365 days of earned sentence credit for | ||||||
20 | prisoners serving a sentence of 5 years or longer. The | ||||||
21 | Director may grant this credit for good conduct in specific | ||||||
22 | instances as the either
Director deems proper for eligible | ||||||
23 | persons in the custody of each Director's respective | ||||||
24 | Department . The good conduct may include, but is not limited | ||||||
25 | to, compliance with the rules and regulations of the | ||||||
26 | Department, service to the Department, service to a community, |
| |||||||
| |||||||
1 | or service to the State.
| ||||||
2 | Eligible inmates for an award of earned sentence credit | ||||||
3 | under
this paragraph (3) may be selected to receive the credit | ||||||
4 | at
the either Director's or his or her designee's sole | ||||||
5 | discretion.
Eligibility for the additional earned sentence | ||||||
6 | credit under this paragraph (3) may shall be based on, but is | ||||||
7 | not limited to, participation in programming offered by the | ||||||
8 | Department as appropriate for the prisoner based on the | ||||||
9 | results of any available risk/needs assessment or other | ||||||
10 | relevant assessments or evaluations administered by the | ||||||
11 | Department using a validated instrument, the circumstances of | ||||||
12 | the crime, demonstrated commitment to rehabilitation by a any | ||||||
13 | prisoner with a history of conviction for a forcible felony | ||||||
14 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
15 | inmate's behavior and improvements in disciplinary history | ||||||
16 | while incarcerated, and the inmate's commitment to | ||||||
17 | rehabilitation, including participation in programming offered | ||||||
18 | by the Department.
| ||||||
19 | The Director of Corrections or the Director of Juvenile | ||||||
20 | Justice shall not award sentence credit under this paragraph | ||||||
21 | (3) to an inmate unless the inmate has served a minimum of 60 | ||||||
22 | days of the sentence; except nothing in this paragraph shall | ||||||
23 | be construed to permit either Director to extend an inmate's | ||||||
24 | sentence beyond that which was imposed by the court. Prior to | ||||||
25 | awarding credit under this paragraph (3), each Director shall | ||||||
26 | make a written determination that the inmate: |
| |||||||
| |||||||
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 | ||||||
10 | Justice shall determine the form and content of the written | ||||||
11 | determination required in this subsection. | ||||||
12 | (3.5) The Department shall provide annual written reports | ||||||
13 | to the Governor and the General Assembly on the award of earned | ||||||
14 | sentence credit no later than February 1 of each year. The | ||||||
15 | Department must publish both reports on its website within 48 | ||||||
16 | hours of transmitting the reports to the Governor and the | ||||||
17 | General 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 | ||||||
26 | subsection (a), the rules and regulations shall also provide |
| |||||||
| |||||||
1 | that any prisoner who the sentence
credit accumulated and | ||||||
2 | retained under paragraph (2.1) of subsection (a) of
this | ||||||
3 | Section by any inmate during specific periods of time in which | ||||||
4 | such
inmate is engaged full-time in substance abuse programs, | ||||||
5 | correctional
industry assignments, educational programs, | ||||||
6 | work-release programs or activities in accordance with Article | ||||||
7 | 13 of Chapter III of this Code, behavior modification | ||||||
8 | programs, life skills courses, or re-entry planning provided | ||||||
9 | by the Department
under this paragraph (4) and satisfactorily | ||||||
10 | completes the assigned program as
determined by the standards | ||||||
11 | of the Department, shall receive one day of sentence credit | ||||||
12 | for each day in which that prisoner is engaged in the | ||||||
13 | activities described in this paragraph be multiplied by a | ||||||
14 | factor
of 1.25 for program participation before August 11, | ||||||
15 | 1993
and 1.50 for program participation on or after that date .
| ||||||
16 | The rules and regulations shall also provide that sentence | ||||||
17 | credit , subject to the same offense limits and multiplier | ||||||
18 | provided in this paragraph, may be provided to an inmate who | ||||||
19 | was held in pre-trial detention prior to his or her current | ||||||
20 | commitment to the Department of Corrections and successfully | ||||||
21 | completed a full-time, 60-day or longer substance abuse | ||||||
22 | program, educational program, behavior modification program, | ||||||
23 | life skills course, or re-entry planning provided by the | ||||||
24 | county department of corrections or county jail. Calculation | ||||||
25 | of this county program credit shall be done at sentencing as | ||||||
26 | provided in Section 5-4.5-100 of this Code and shall be |
| |||||||
| |||||||
1 | included in the sentencing order. The rules and regulations | ||||||
2 | shall also provide that sentence credit may be provided to an | ||||||
3 | inmate who is in compliance with programming requirements in | ||||||
4 | an adult transition center. However, no inmate shall be | ||||||
5 | eligible for the additional sentence credit
under this | ||||||
6 | paragraph (4) or (4.1) of this subsection (a) while assigned | ||||||
7 | to a boot camp
or electronic detention.
| ||||||
8 | (B) The Department shall award sentence credit under this | ||||||
9 | paragraph (4) accumulated prior to January 1, 2020 (the | ||||||
10 | effective date of Public Act 101-440) in an amount specified | ||||||
11 | in subparagraph (C) of this paragraph (4) to an inmate serving | ||||||
12 | a sentence for an offense committed prior to June 19, 1998, if | ||||||
13 | the Department determines that the inmate is entitled to this | ||||||
14 | sentence 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 |
| |||||||
| |||||||
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 | ||||||
9 | is entitled to sentence credit under subparagraph (B) in | ||||||
10 | excess of 45 days of participation in those programs, the | ||||||
11 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
12 | cannot provide documentation of more than 45 days of | ||||||
13 | participation in those programs, the inmate shall receive 45 | ||||||
14 | days of sentence credit. In the event of a disagreement | ||||||
15 | between the Department and the inmate as to the amount of | ||||||
16 | credit accumulated under subparagraph (B), if the Department | ||||||
17 | provides documented proof of a lesser amount of days of | ||||||
18 | participation in those programs, that proof shall control. If | ||||||
19 | the Department provides no documentary proof, the inmate's | ||||||
20 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
21 | control as to the amount of sentence credit provided. | ||||||
22 | (D) If the inmate has been convicted of a sex offense as | ||||||
23 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
24 | sentencing credits under subparagraph (B) of this paragraph | ||||||
25 | (4) shall be awarded by the Department only if the conditions | ||||||
26 | set forth in paragraph (4.6) of subsection (a) are satisfied. |
| |||||||
| |||||||
1 | No inmate serving a term of natural life imprisonment shall | ||||||
2 | receive sentence credit under subparagraph (B) of this | ||||||
3 | paragraph (4). | ||||||
4 | Educational, vocational, substance abuse, behavior | ||||||
5 | modification programs, life skills courses, re-entry planning, | ||||||
6 | and correctional
industry programs under which sentence credit | ||||||
7 | may be earned under
this paragraph (4) and paragraph (4.1) of | ||||||
8 | this subsection (a) shall be evaluated by the Department on | ||||||
9 | the basis of
documented standards. The Department shall report | ||||||
10 | the results of these
evaluations to the Governor and the | ||||||
11 | General Assembly by September 30th of each
year. The reports | ||||||
12 | shall include data relating to the recidivism rate among
| ||||||
13 | program participants.
| ||||||
14 | Availability of these programs shall be subject to the
| ||||||
15 | limits of fiscal resources appropriated by the General | ||||||
16 | Assembly for these
purposes. Eligible inmates who are denied | ||||||
17 | immediate admission shall be
placed on a waiting list under | ||||||
18 | criteria established by the Department. The rules and | ||||||
19 | regulations shall provide that a prisoner who has been placed | ||||||
20 | on a waiting list but is transferred for non-disciplinary | ||||||
21 | reasons before beginning a program shall receive priority | ||||||
22 | placement on the waitlist for appropriate programs at the new | ||||||
23 | facility.
The inability of any inmate to become engaged in any | ||||||
24 | such programs
by reason of insufficient program resources or | ||||||
25 | for any other reason
established under the rules and | ||||||
26 | regulations of the Department shall not be
deemed a cause of |
| |||||||
| |||||||
1 | action under which the Department or any employee or
agent of | ||||||
2 | the Department shall be liable for damages to the inmate. The | ||||||
3 | rules and regulations shall provide that a prisoner who begins | ||||||
4 | an educational, vocational, substance abuse, work-release | ||||||
5 | programs or activities in accordance with Article 13 of | ||||||
6 | Chapter III of this Code, behavior modification program, life | ||||||
7 | skills course, re-entry planning, or correctional industry | ||||||
8 | programs but is unable to complete the program due to illness, | ||||||
9 | disability, transfer, lockdown, or another reason outside of | ||||||
10 | the prisoner's control shall receive prorated sentence credits | ||||||
11 | for the days in which the prisoner did participate.
| ||||||
12 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
13 | subsection (a), the rules and regulations shall also provide | ||||||
14 | that an additional 90 days of sentence credit shall be awarded | ||||||
15 | to any prisoner who passes high school equivalency testing | ||||||
16 | while the prisoner is committed to the Department of | ||||||
17 | Corrections. The sentence credit awarded under this paragraph | ||||||
18 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
19 | of sentence credit under any other paragraph of this Section, | ||||||
20 | but shall also be pursuant to the guidelines and restrictions | ||||||
21 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
22 | The sentence credit provided for in this paragraph shall be | ||||||
23 | available only to those prisoners who have not previously | ||||||
24 | earned a high school diploma or a State of Illinois High School | ||||||
25 | Diploma. If, after an award of the high school equivalency | ||||||
26 | testing sentence credit has been made, the Department |
| |||||||
| |||||||
1 | determines that the prisoner was not eligible, then the award | ||||||
2 | shall be revoked.
The Department may also award 90 days of | ||||||
3 | sentence credit to any committed person who passed high school | ||||||
4 | equivalency testing while he or she was held in pre-trial | ||||||
5 | detention prior to the current commitment to the Department of | ||||||
6 | Corrections. Except as provided in paragraph (4.7) of this | ||||||
7 | subsection (a), the rules and regulations shall provide that | ||||||
8 | an additional 120 days of sentence credit shall be awarded to | ||||||
9 | any prisoner who obtains an associate degree while the | ||||||
10 | prisoner is committed to the Department of Corrections, | ||||||
11 | regardless of the date that the associate degree was obtained, | ||||||
12 | including if prior to July 1, 2021 (the effective date of | ||||||
13 | Public Act 101-652). The sentence credit awarded under this | ||||||
14 | paragraph (4.1) shall be in addition to, and shall not affect, | ||||||
15 | the award of sentence credit under any other paragraph of this | ||||||
16 | Section, but shall also be under the guidelines and | ||||||
17 | restrictions set forth in paragraph (4) of subsection (a) of | ||||||
18 | this Section. The sentence credit provided for in this | ||||||
19 | paragraph (4.1) shall be available only to those prisoners who | ||||||
20 | have not previously earned an associate degree prior to the | ||||||
21 | current commitment to the Department of Corrections. If, after | ||||||
22 | an award of the associate degree sentence credit has been made | ||||||
23 | and the Department determines that the prisoner was not | ||||||
24 | eligible, then the award shall be revoked. The Department may | ||||||
25 | also award 120 days of sentence credit to any committed person | ||||||
26 | who earned an associate degree while he or she was held in |
| |||||||
| |||||||
1 | pre-trial detention prior to the current commitment to the | ||||||
2 | Department of Corrections. | ||||||
3 | Except as provided in paragraph (4.7) of this subsection | ||||||
4 | (a), the rules and regulations shall provide that an | ||||||
5 | additional 180 days of sentence credit shall be awarded to any | ||||||
6 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
7 | committed to the Department of Corrections. The sentence | ||||||
8 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
9 | to, and shall not affect, the award of sentence credit under | ||||||
10 | any other paragraph of this Section, but shall also be under | ||||||
11 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
12 | this subsection (a). The sentence credit provided for in this | ||||||
13 | paragraph shall be available only to those prisoners who have | ||||||
14 | not earned a bachelor's degree prior to the current commitment | ||||||
15 | to the Department of Corrections. If, after an award of the | ||||||
16 | bachelor's degree sentence credit has been made, the | ||||||
17 | Department determines that the prisoner was not eligible, then | ||||||
18 | the award shall be revoked. The Department may also award 180 | ||||||
19 | days of sentence credit to any committed person who earned a | ||||||
20 | bachelor's degree while he or she was held in pre-trial | ||||||
21 | detention prior to the current commitment to the Department of | ||||||
22 | Corrections. | ||||||
23 | Except as provided in paragraph (4.7) of this subsection | ||||||
24 | (a), the rules and regulations shall provide that an | ||||||
25 | additional 180 days of sentence credit shall be awarded to any | ||||||
26 | prisoner who obtains a master's or professional degree while |
| |||||||
| |||||||
1 | the prisoner is committed to the Department of Corrections. | ||||||
2 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
3 | be in addition to, and shall not affect, the award of sentence | ||||||
4 | credit under any other paragraph of this Section, but shall | ||||||
5 | also be under the guidelines and restrictions set forth in | ||||||
6 | paragraph (4) of this subsection (a). The sentence credit | ||||||
7 | provided for in this paragraph shall be available only to | ||||||
8 | those prisoners who have not previously earned a master's or | ||||||
9 | professional degree prior to the current commitment to the | ||||||
10 | Department of Corrections. If, after an award of the master's | ||||||
11 | or professional degree sentence credit has been made, the | ||||||
12 | Department determines that the prisoner was not eligible, then | ||||||
13 | the award shall be revoked. The Department may also award 180 | ||||||
14 | days of sentence credit to any committed person who earned a | ||||||
15 | master's or professional degree while he or she was held in | ||||||
16 | pre-trial detention prior to the current commitment to the | ||||||
17 | Department of Corrections. | ||||||
18 | (4.2) The rules and regulations shall also provide that | ||||||
19 | any prisoner engaged in self-improvement programs, volunteer | ||||||
20 | work, or work assignments that are not otherwise eligible | ||||||
21 | activities under paragraph (4), shall receive up to 0.5 days | ||||||
22 | of sentence credit for each day in which the prisoner is | ||||||
23 | engaged in activities described in this paragraph. | ||||||
24 | (4.5) The rules and regulations on sentence credit shall | ||||||
25 | also provide that
when the court's sentencing order recommends | ||||||
26 | a prisoner for substance abuse treatment and the
crime was |
| |||||||
| |||||||
1 | committed on or after September 1, 2003 (the effective date of
| ||||||
2 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
3 | credit awarded under clause (3) of this subsection (a) unless | ||||||
4 | he or she participates in and
completes a substance abuse | ||||||
5 | treatment program. The Director of Corrections may waive the | ||||||
6 | requirement to participate in or complete a substance abuse | ||||||
7 | treatment program in specific instances if the prisoner is not | ||||||
8 | a good candidate for a substance abuse treatment program for | ||||||
9 | medical, programming, or operational reasons. Availability of
| ||||||
10 | substance abuse treatment shall be subject to the limits of | ||||||
11 | fiscal resources
appropriated by the General Assembly for | ||||||
12 | these purposes. If treatment is not
available and the | ||||||
13 | requirement to participate and complete the treatment has not | ||||||
14 | been waived by the Director, the prisoner shall be placed on a | ||||||
15 | waiting list under criteria
established by the Department. The | ||||||
16 | Director may allow a prisoner placed on
a waiting list to | ||||||
17 | participate in and complete a substance abuse education class | ||||||
18 | or attend substance
abuse self-help meetings in lieu of a | ||||||
19 | substance abuse treatment program. A prisoner on a waiting | ||||||
20 | list who is not placed in a substance abuse program prior to | ||||||
21 | release may be eligible for a waiver and receive sentence | ||||||
22 | credit under clause (3) of this subsection (a) at the | ||||||
23 | discretion of the Director.
| ||||||
24 | (4.6) The rules and regulations on sentence credit shall | ||||||
25 | also provide that a prisoner who has been convicted of a sex | ||||||
26 | offense as defined in Section 2 of the Sex Offender |
| |||||||
| |||||||
1 | Registration Act shall receive no sentence credit unless he or | ||||||
2 | she either has successfully completed or is participating in | ||||||
3 | sex offender treatment as defined by the Sex Offender | ||||||
4 | Management Board. However, prisoners who are waiting to | ||||||
5 | receive treatment, but who are unable to do so due solely to | ||||||
6 | the lack of resources on the part of the Department, may, at | ||||||
7 | either Director's sole discretion, be awarded sentence credit | ||||||
8 | at a rate as the Director shall determine. | ||||||
9 | (4.7) On or after January 1, 2018 (the effective date of | ||||||
10 | Public Act 100-3), sentence credit under paragraph (3), (4), | ||||||
11 | or (4.1) of this subsection (a) may be awarded to a prisoner | ||||||
12 | who is serving a sentence for an offense described in | ||||||
13 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
14 | on or after January 1, 2018 (the effective date of Public Act | ||||||
15 | 100-3); provided, the award of the credits under this | ||||||
16 | paragraph (4.7) shall not reduce the sentence of the prisoner | ||||||
17 | to 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 |
| |||||||
| |||||||
1 | earlier than it
otherwise would because of a grant of earned | ||||||
2 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
3 | Section given at any time during the term, the Department | ||||||
4 | shall give
reasonable notice of the impending release not less | ||||||
5 | than 14 days prior to the date of the release to the State's
| ||||||
6 | Attorney of the county where the prosecution of the inmate | ||||||
7 | took place, and if applicable, the State's Attorney of the | ||||||
8 | county into which the inmate will be released. The Department | ||||||
9 | must also make identification information and a recent photo | ||||||
10 | of the inmate being released accessible on the Internet by | ||||||
11 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
12 | Early Release" on the Department's World Wide Web homepage.
| ||||||
13 | The identification information shall include the inmate's: | ||||||
14 | name, any known alias, date of birth, physical | ||||||
15 | characteristics, commitment offense, and county where | ||||||
16 | conviction was imposed. The identification information shall | ||||||
17 | be placed on the website within 3 days of the inmate's release | ||||||
18 | and the information may not be removed until either: | ||||||
19 | completion of the first year of mandatory supervised release | ||||||
20 | or return of the inmate to custody of the Department.
| ||||||
21 | (b) Whenever a person is or has been committed under
| ||||||
22 | several convictions, with separate sentences, the sentences
| ||||||
23 | shall be construed under Section 5-8-4 in granting and
| ||||||
24 | forfeiting of sentence credit.
| ||||||
25 | (c) (1) The Department shall prescribe rules and | ||||||
26 | regulations
for revoking sentence credit, including revoking |
| |||||||
| |||||||
1 | sentence credit awarded under paragraph (3) of subsection (a) | ||||||
2 | of this Section. The Department shall prescribe rules and | ||||||
3 | regulations establishing and requiring the use of a sanctions | ||||||
4 | matrix for revoking sentence credit. The Department shall | ||||||
5 | prescribe rules and regulations for suspending or reducing
the | ||||||
6 | rate of accumulation of sentence credit for specific
rule | ||||||
7 | violations, during imprisonment. These rules and regulations
| ||||||
8 | shall provide that no inmate may be penalized more than one
| ||||||
9 | year of sentence credit for any one infraction.
| ||||||
10 | (2) When the Department seeks to revoke, suspend, or | ||||||
11 | reduce
the rate of accumulation of any sentence credits for
an | ||||||
12 | alleged infraction of its rules, it shall bring charges
| ||||||
13 | therefor against the prisoner sought to be so deprived of
| ||||||
14 | sentence credits before the Prisoner Review Board as
provided | ||||||
15 | in subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
16 | amount of credit at issue exceeds 30 days , whether from one | ||||||
17 | infraction or cumulatively from multiple infractions arising | ||||||
18 | out of a single event, or
when , during any 12-month period, the | ||||||
19 | cumulative amount of
credit revoked exceeds 30 days except | ||||||
20 | where the infraction is committed
or discovered within 60 days | ||||||
21 | of scheduled release. In those cases,
the Department of | ||||||
22 | Corrections may revoke up to 30 days of sentence credit.
The | ||||||
23 | Board may subsequently approve the revocation of additional | ||||||
24 | sentence credit, if the Department seeks to revoke sentence | ||||||
25 | credit in
excess of 30 days. However, the Board shall not be | ||||||
26 | empowered to review the
Department's decision with respect to |
| |||||||
| |||||||
1 | the loss of 30 days of sentence
credit within any calendar year | ||||||
2 | for any prisoner or to increase any penalty
beyond the length | ||||||
3 | requested by the Department.
| ||||||
4 | (3) The Director of the Department of Corrections or the | ||||||
5 | Director of Juvenile Justice , in appropriate cases, may
| ||||||
6 | restore up to 30 days of sentence credits which have been | ||||||
7 | revoked, suspended,
or reduced. The Department shall prescribe | ||||||
8 | rules and regulations governing the restoration of sentence | ||||||
9 | credits. These rules and regulations shall provide for the | ||||||
10 | automatic restoration of sentence credits following a period | ||||||
11 | in which the prisoner maintains a record without a | ||||||
12 | disciplinary violation. Any restoration of sentence credits in | ||||||
13 | excess of 30 days shall
be subject to review by the Prisoner | ||||||
14 | Review Board. However, the Board may not
restore sentence | ||||||
15 | credit in excess of the amount requested by the Director.
| ||||||
16 | Nothing contained in this Section shall prohibit the | ||||||
17 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
18 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
19 | sentence imposed by the court that was not served due to the
| ||||||
20 | accumulation of sentence credit.
| ||||||
21 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
22 | federal court
against the State, the Department of | ||||||
23 | Corrections, or the Prisoner Review Board,
or against any of
| ||||||
24 | their officers or employees, and the court makes a specific | ||||||
25 | finding that a
pleading, motion, or other paper filed by the | ||||||
26 | prisoner is frivolous, the
Department of Corrections shall |
| |||||||
| |||||||
1 | conduct a hearing to revoke up to
180 days of sentence credit | ||||||
2 | by bringing charges against the prisoner
sought to be deprived | ||||||
3 | of the sentence credits before the Prisoner Review
Board as | ||||||
4 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
5 | If the prisoner has not accumulated 180 days of sentence | ||||||
6 | credit at the
time of the finding, then the Prisoner Review | ||||||
7 | Board may revoke all
sentence credit accumulated by the | ||||||
8 | prisoner.
| ||||||
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 |
| |||||||
| |||||||
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 | ||||||
19 | validity of Public Act 89-404.
| ||||||
20 | (f) Whenever the Department is to release any inmate who | ||||||
21 | has been convicted of a violation of an order of protection | ||||||
22 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
24 | because of a grant of sentence credit, the Department, as a | ||||||
25 | condition of release, shall require that the person, upon | ||||||
26 | release, be placed under electronic surveillance as provided |
| |||||||
| |||||||
1 | in Section 5-8A-7 of this Code. | ||||||
2 | (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21; | ||||||
3 | 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff. | ||||||
4 | 5-13-22; 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 | ||||||
8 | procedures otherwise specified, after a
determination of | ||||||
9 | guilt, a hearing shall be held to impose the sentence.
| ||||||
10 | However, prior to the imposition of sentence on an individual | ||||||
11 | being
sentenced for an offense based upon a charge for a | ||||||
12 | violation of Section
11-501 of the Illinois Vehicle Code or a | ||||||
13 | similar provision of a local
ordinance, the individual must | ||||||
14 | undergo a professional evaluation to
determine if an alcohol | ||||||
15 | or other drug abuse problem exists and the extent
of such a | ||||||
16 | problem. Programs conducting these evaluations shall be
| ||||||
17 | licensed by the Department of Human Services. However, if the | ||||||
18 | individual is
not a resident of Illinois, the court
may, in its | ||||||
19 | discretion, accept an evaluation from a program in the state | ||||||
20 | of
such individual's residence. The court shall make a | ||||||
21 | specific finding about whether the defendant is eligible for | ||||||
22 | participation in a Department impact incarceration program as | ||||||
23 | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | ||||||
24 | explanation as to why a sentence to impact incarceration is | ||||||
25 | not an appropriate sentence. The court may in its sentencing |
| |||||||
| |||||||
1 | order recommend a defendant for placement in a Department of | ||||||
2 | Corrections substance abuse treatment program as provided in | ||||||
3 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
4 | upon the defendant being accepted in a program by the | ||||||
5 | Department 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 | ||||||
9 | his
independent assessment of the elements specified above and | ||||||
10 | any agreement
as to sentence reached by the parties. The judge | ||||||
11 | who presided at the
trial or the judge who accepted the plea of | ||||||
12 | guilty shall impose the
sentence unless he is no longer | ||||||
13 | sitting as a judge in that court. Where
the judge does not | ||||||
14 | impose sentence at the same time on all defendants
who are | ||||||
15 | convicted as a result of being involved in the same offense, | ||||||
16 | the
defendant or the State's Attorney may advise the | ||||||
17 | sentencing court of the
disposition of any other defendants | ||||||
18 | who have been sentenced.
| ||||||
19 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
20 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
21 | sentence of probation or conditional discharge is an available | ||||||
22 | sentence, if the defendant has no prior sentence of probation | ||||||
23 | or conditional discharge and no prior conviction for a violent | ||||||
24 | crime, the defendant shall not be sentenced to imprisonment | ||||||
25 | before review and consideration of a presentence report and | ||||||
26 | determination and explanation of why the particular evidence, |
| |||||||
| |||||||
1 | information, factor in aggravation, factual finding, or other | ||||||
2 | reasons support a sentencing determination that one or more of | ||||||
3 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
4 | apply and that probation or conditional discharge is not an | ||||||
5 | appropriate sentence. | ||||||
6 | (c) In imposing a sentence for a violent crime or for an | ||||||
7 | offense of
operating or being in physical control of a vehicle | ||||||
8 | while under the
influence of alcohol, any other drug or any | ||||||
9 | combination thereof, or a
similar provision of a local | ||||||
10 | ordinance, when such offense resulted in the
personal injury | ||||||
11 | to someone other than the defendant, the trial judge shall
| ||||||
12 | specify on the record the particular evidence, information, | ||||||
13 | factors in
mitigation and aggravation or other reasons that | ||||||
14 | led to his sentencing
determination. The full verbatim record | ||||||
15 | of the sentencing hearing shall be
filed with the clerk of the | ||||||
16 | court and shall be a public record.
| ||||||
17 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
18 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
19 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
20 | firearm, or armed violence with a category I weapon
or | ||||||
21 | category II weapon,
the trial judge shall make a finding as to | ||||||
22 | whether the conduct leading to
conviction for the offense | ||||||
23 | resulted in great bodily harm to a victim, and
shall enter that | ||||||
24 | finding and the basis for that finding in the record.
| ||||||
25 | (c-2) If the defendant is sentenced to prison, other than | ||||||
26 | when a sentence of
natural life imprisonment or a sentence of |
| |||||||
| |||||||
1 | death is imposed, at the time
the sentence is imposed the judge | ||||||
2 | shall
state on the record in open court the approximate period | ||||||
3 | of time the defendant
will serve in custody according to the | ||||||
4 | then current statutory rules and
regulations for sentence | ||||||
5 | credit found in Section 3-6-3 and other related
provisions of | ||||||
6 | this Code. This statement is intended solely to inform the
| ||||||
7 | public, has no legal effect on the defendant's actual release, | ||||||
8 | and may not be
relied on by the defendant on appeal.
| ||||||
9 | The judge's statement, to be given after pronouncing the | ||||||
10 | sentence, other than
when the sentence is imposed for one of | ||||||
11 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
12 | shall include the following:
| ||||||
13 | "The purpose of this statement is to inform the public of | ||||||
14 | the actual period
of time this defendant is likely to spend in | ||||||
15 | prison as a result of this
sentence. The actual period of | ||||||
16 | prison time served is determined by the
statutes of Illinois | ||||||
17 | as applied to this sentence by the Illinois Department of
| ||||||
18 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
19 | case, assuming the defendant
receives all of his or her | ||||||
20 | sentence credit, the period of estimated actual
custody is ... | ||||||
21 | years and ... months, less up to 180 days additional earned | ||||||
22 | sentence credit. If the defendant, because of his or
her own | ||||||
23 | misconduct or failure to comply with the institutional | ||||||
24 | regulations,
does not receive those credits, the actual time | ||||||
25 | served in prison will be
longer. The defendant may also | ||||||
26 | receive an additional one-half day sentence
credit for each |
| |||||||
| |||||||
1 | day of participation in vocational, industry, substance abuse,
| ||||||
2 | and educational programs as provided for by Illinois statute."
| ||||||
3 | When the sentence is imposed for one of the offenses | ||||||
4 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
5 | first degree murder, and the offense was
committed on or after | ||||||
6 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
7 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
8 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
9 | offense was committed on or after January 1, 1999,
and when the | ||||||
10 | sentence is imposed for aggravated driving under the influence
| ||||||
11 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
12 | compounds, or
any combination thereof as defined in | ||||||
13 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
14 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
15 | imposed for aggravated arson if the offense was committed
on | ||||||
16 | or after July 27, 2001 (the effective date of Public Act | ||||||
17 | 92-176), and when
the sentence is imposed for aggravated | ||||||
18 | driving under the influence of alcohol,
other drug or drugs, | ||||||
19 | or intoxicating compound or compounds, or any combination
| ||||||
20 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
21 | subsection (d) of
Section 11-501 of the Illinois Vehicle Code | ||||||
22 | committed on or after January 1, 2011 (the effective date of | ||||||
23 | Public Act 96-1230), the judge's
statement, to be given after | ||||||
24 | pronouncing the sentence, shall include the
following:
| ||||||
25 | "The purpose of this statement is to inform the public of | ||||||
26 | the actual period
of time this defendant is likely to spend in |
| |||||||
| |||||||
1 | prison as a result of this
sentence. The actual period of | ||||||
2 | prison time served is determined by the
statutes of Illinois | ||||||
3 | as applied to this sentence by the Illinois Department of
| ||||||
4 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
5 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
6 | sentence credit for
each month of his or her sentence of | ||||||
7 | imprisonment. Therefore, this defendant
will serve at least | ||||||
8 | 85% of his or her sentence. Assuming the defendant
receives 4 | ||||||
9 | 1/2 days credit for each month of his or her sentence, the | ||||||
10 | period
of estimated actual custody is ... years and ... | ||||||
11 | months. If the defendant,
because of his or her own misconduct | ||||||
12 | or failure to comply with the
institutional regulations | ||||||
13 | receives lesser credit, the actual time served in
prison will | ||||||
14 | be longer."
| ||||||
15 | When a sentence of imprisonment is imposed for first | ||||||
16 | degree murder and
the offense was committed on or after June | ||||||
17 | 19, 1998, the judge's statement,
to be given after pronouncing | ||||||
18 | the sentence, shall include the following:
| ||||||
19 | "The purpose of this statement is to inform the public of | ||||||
20 | the actual period
of time this defendant is likely to spend in | ||||||
21 | prison as a result of this
sentence. The actual period of | ||||||
22 | prison time served is determined by the
statutes of Illinois | ||||||
23 | as applied to this sentence by the Illinois Department
of | ||||||
24 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
25 | case, the
defendant is not entitled to sentence credit. | ||||||
26 | Therefore, this defendant
will serve 100% of his or her |
| |||||||
| |||||||
1 | sentence."
| ||||||
2 | When the sentencing order recommends placement in a | ||||||
3 | substance abuse program for any offense that results in | ||||||
4 | incarceration
in a Department of Corrections facility and the | ||||||
5 | crime was
committed on or after September 1, 2003 (the | ||||||
6 | effective date of Public Act
93-354), the judge's
statement, | ||||||
7 | in addition to any other judge's statement required under this
| ||||||
8 | Section, to be given after pronouncing the sentence, shall | ||||||
9 | include the
following:
| ||||||
10 | "The purpose of this statement is to inform the public of
| ||||||
11 | the actual period of time this defendant is likely to spend in
| ||||||
12 | prison as a result of this sentence. The actual period of
| ||||||
13 | prison time served is determined by the statutes of Illinois | ||||||
14 | as
applied to this sentence by the Illinois Department of
| ||||||
15 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
16 | case, the defendant shall receive no earned sentence credit | ||||||
17 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
18 | she participates in and completes a substance abuse treatment | ||||||
19 | program or receives a waiver from the Director of Corrections | ||||||
20 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
21 | (c-4) Before the sentencing hearing and as part of the | ||||||
22 | presentence investigation under Section 5-3-1, the court shall | ||||||
23 | inquire of the defendant whether the defendant is currently | ||||||
24 | serving in or is a veteran of the Armed Forces of the United | ||||||
25 | States.
If the defendant is currently serving in the Armed | ||||||
26 | Forces of the United States or is a veteran of the Armed Forces |
| |||||||
| |||||||
1 | of the United States and has been diagnosed as having a mental | ||||||
2 | illness by a qualified psychiatrist or clinical psychologist | ||||||
3 | or 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 | ||||||
17 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
18 | to practice medicine in all its branches, who has specialized | ||||||
19 | in the diagnosis and treatment of mental and nervous disorders | ||||||
20 | for a period of not less than 5 years. | ||||||
21 | (c-6) In imposing a sentence, the trial judge shall | ||||||
22 | specify, on the record, the particular evidence and other | ||||||
23 | reasons which led to his or her determination that a motor | ||||||
24 | vehicle was used in the commission of the offense. | ||||||
25 | (c-7) In imposing a sentence for a Class 3 or 4 felony, | ||||||
26 | other than a violent crime as defined in Section 3 of the |
| |||||||
| |||||||
1 | Rights of Crime Victims and Witnesses Act, the court shall | ||||||
2 | determine and indicate in the sentencing order whether the | ||||||
3 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
4 | or her sentence accounting for time served. | ||||||
5 | (d) When the defendant is committed to the Department of
| ||||||
6 | Corrections, the State's Attorney shall and counsel for the | ||||||
7 | defendant
may file a statement with the clerk of the court to | ||||||
8 | be transmitted to
the department, agency or institution to | ||||||
9 | which the defendant is
committed to furnish such department, | ||||||
10 | agency or institution with the
facts and circumstances of the | ||||||
11 | offense for which the person was
committed together with all | ||||||
12 | other factual information accessible to them
in regard to the | ||||||
13 | person prior to his commitment relative to his habits,
| ||||||
14 | associates, disposition and reputation and any other facts and
| ||||||
15 | circumstances which may aid such department, agency or | ||||||
16 | institution
during its custody of such person. The clerk shall | ||||||
17 | within 10 days after
receiving any such statements transmit a | ||||||
18 | copy to such department, agency
or institution and a copy to | ||||||
19 | the other party, provided, however, that
this shall not be | ||||||
20 | cause for delay in conveying the person to the
department, | ||||||
21 | agency or institution to which he has been committed.
| ||||||
22 | (e) The clerk of the court shall transmit to the | ||||||
23 | department,
agency or institution, if any, to which the | ||||||
24 | defendant is committed, the
following:
| ||||||
25 | (1) the sentence imposed;
| ||||||
26 | (2) any statement by the court of the basis for |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | was used in the commission of the offense for which the | ||||||
2 | defendant is being sentenced, the clerk of the court shall, | ||||||
3 | within 5 days thereafter, forward a report of such conviction | ||||||
4 | to the Secretary of State. | ||||||
5 | (Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
6 | 101-105, 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
9 | convicted of a Class 1 or Class 2 forcible felony , except for | ||||||
10 | an offense listed in subsection (c) of this Section, after | ||||||
11 | having twice been convicted in any state or federal court of an | ||||||
12 | offense that contains the same elements as an offense now (the | ||||||
13 | date the Class 1 or Class 2 forcible felony was committed) | ||||||
14 | classified in Illinois as a Class 2 or greater Class forcible | ||||||
15 | felony , except for an offense listed in subsection (c) of this | ||||||
16 | Section, and those charges are separately brought and tried | ||||||
17 | and arise out of different series of acts, that defendant | ||||||
18 | shall be sentenced as a Class X offender. This subsection does | ||||||
19 | not 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 |
| |||||||
| |||||||
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 | ||||||
4 | to Class 1 or Class 2 felony convictions for a violation of | ||||||
5 | Section 16-1 of the Criminal Code of 2012. | ||||||
6 | A person sentenced as a Class X offender under this | ||||||
7 | subsection (b) is not eligible to apply for treatment as a | ||||||
8 | condition of probation as provided by Section 40-10 of the | ||||||
9 | Substance 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, | ||||||
11 | eff. 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 | ||||||
15 | commence on the date on which the offender is received by the | ||||||
16 | Department or the institution at which the sentence is to be | ||||||
17 | served. | ||||||
18 | (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set | ||||||
19 | forth in subsection (e), the offender shall be given credit on | ||||||
20 | the determinate sentence or maximum term and the minimum | ||||||
21 | period of imprisonment for the number of days spent in custody | ||||||
22 | as a result of the offense for which the sentence was imposed. | ||||||
23 | The Department shall calculate the credit at the rate | ||||||
24 | specified in Section 3-6-3 (730 ILCS 5/3-6-3). The Except when | ||||||
25 | prohibited by subsection (d), the trial court shall give |
| |||||||
| |||||||
1 | credit to the defendant for time spent in home detention on the | ||||||
2 | same sentencing terms as incarceration as provided in Section | ||||||
3 | 5-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of | ||||||
4 | credit includes restrictions on liberty such as curfews | ||||||
5 | restricting movement for 12 hours or more per day and | ||||||
6 | electronic monitoring that restricts travel or movement. | ||||||
7 | Electronic monitoring is not required for home detention to be | ||||||
8 | considered custodial for purposes of sentencing credit. The | ||||||
9 | trial court may give credit to the defendant for the number of | ||||||
10 | days spent confined for psychiatric or substance abuse | ||||||
11 | treatment prior to judgment, if the court finds that the | ||||||
12 | detention or confinement was custodial. | ||||||
13 | (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender | ||||||
14 | arrested on one charge and prosecuted on another charge for | ||||||
15 | conduct that occurred prior to his or her arrest shall be given | ||||||
16 | credit on the determinate sentence or maximum term and the | ||||||
17 | minimum term of imprisonment for time spent in custody under | ||||||
18 | the former charge not credited against another sentence.
| ||||||
19 | (c-5) CREDIT; PROGRAMMING. The trial court shall give the | ||||||
20 | defendant credit for successfully completing county | ||||||
21 | programming while in custody prior to imposition of sentence | ||||||
22 | at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For | ||||||
23 | the purposes of this subsection, "custody" includes time spent | ||||||
24 | in home detention. | ||||||
25 | (d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender | ||||||
26 | sentenced to a term of imprisonment for an offense listed in |
| |||||||
| |||||||
1 | paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS | ||||||
2 | 5/5-5-3) or in paragraph (3) of subsection (c-1) of Section | ||||||
3 | 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall | ||||||
4 | not receive credit for time spent in home detention prior to | ||||||
5 | judgment.
| ||||||
6 | (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED | ||||||
7 | RELEASE, OR PROBATION. An offender charged with the commission | ||||||
8 | of an offense committed while on parole, mandatory supervised | ||||||
9 | release, or probation shall not be given credit for time spent | ||||||
10 | in custody under subsection (b) for that offense for any time | ||||||
11 | spent in custody as a result of a revocation of parole, | ||||||
12 | mandatory supervised release, or probation where such | ||||||
13 | revocation is based on a sentence imposed for a previous | ||||||
14 | conviction, regardless of the facts upon which the revocation | ||||||
15 | of parole, mandatory supervised release, or probation is | ||||||
16 | based, unless both the State and the defendant agree that the | ||||||
17 | time served for a violation of mandatory supervised release, | ||||||
18 | parole, or probation shall be credited towards the sentence | ||||||
19 | for the current offense. | ||||||
20 | (Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12; | ||||||
21 | 101-652.)
| ||||||
22 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
23 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
24 | use of a firearm; mandatory supervised release terms.
| ||||||
25 | (a) Except as otherwise provided in the statute defining |
| |||||||
| |||||||
1 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
2 | imprisonment for a felony shall be a determinate sentence set | ||||||
3 | by
the court under this Section, subject to Section 5-4.5-115 | ||||||
4 | of 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
1 | the parole or mandatory
supervised release term shall be | ||||||
2 | written as part of the sentencing order and shall be as | ||||||
3 | follows:
| ||||||
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, |
| |||||||
| |||||||
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, | ||||||
15 | the parole or mandatory
supervised release term shall be | ||||||
16 | written as part of the sentencing order and shall be as | ||||||
17 | follows:
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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), |
| |||||||
| |||||||
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 | ||||||
23 | of Public Act 101-652: (i) the provisions of paragraph (3) of | ||||||
24 | subsection (d) are effective on July 1, 2022 and shall apply to | ||||||
25 | all individuals convicted on or after the effective date of | ||||||
26 | paragraph (3) of subsection (d); and (ii) the provisions of |
| |||||||
| |||||||
1 | paragraphs (1.5) and (2) of subsection (d) are effective on | ||||||
2 | July 1, 2021 and shall apply to all individuals convicted on or | ||||||
3 | after the effective date of paragraphs (1.5) and (2) of | ||||||
4 | subsection (d). | ||||||
5 | (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21; | ||||||
6 | 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff. | ||||||
7 | 1-7-22; 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 | ||||||
11 | imprisonment.
| ||||||
12 | (a) Concurrent terms; multiple or additional sentences. | ||||||
13 | When an Illinois court (i) imposes multiple sentences of | ||||||
14 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
15 | sentence of imprisonment on a defendant who is already subject | ||||||
16 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
17 | court of another state, or a federal court, then the sentences | ||||||
18 | shall run concurrently unless otherwise determined by the | ||||||
19 | Illinois court under this Section. | ||||||
20 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
21 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
22 | felony and sentenced to imprisonment shall be transferred to | ||||||
23 | the Department of Corrections, and the misdemeanor sentence | ||||||
24 | shall be merged in and run concurrently with the felony | ||||||
25 | sentence. |
| |||||||
| |||||||
1 | (c) Consecutive terms; permissive. The court may impose | ||||||
2 | consecutive 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | consecutive 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 |
| |||||||
| |||||||
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) |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
21 | Illinois court has imposed a
sentence of imprisonment on a | ||||||
22 | defendant and the defendant is subsequently sentenced to a | ||||||
23 | term of imprisonment by a court of another state or a federal | ||||||
24 | court, then the Illinois sentence shall run consecutively to | ||||||
25 | the sentence imposed by the court of the other state or the | ||||||
26 | federal court. That same Illinois court, however, may order |
| |||||||
| |||||||
1 | that the Illinois sentence run concurrently with the sentence | ||||||
2 | imposed by the court of the other state or the federal court, | ||||||
3 | but only if the defendant applies to that same Illinois court | ||||||
4 | within 30 days after the sentence imposed by the court of the | ||||||
5 | other state or the federal court is finalized. | ||||||
6 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
7 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
8 | sentences 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 |
| |||||||
| |||||||
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 | ||||||
10 | manner in which consecutive sentences of imprisonment, one or | ||||||
11 | more of which is for a felony, will be served, the Department | ||||||
12 | of Corrections shall treat the defendant as though he or she | ||||||
13 | had been committed for a single term subject to each of the | ||||||
14 | following: | ||||||
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 |
| |||||||
| |||||||
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, | ||||||
10 | all sentences imposed by an Illinois court under this Code | ||||||
11 | shall run concurrent to any and all sentences imposed under | ||||||
12 | the 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 | ||||||
16 | imprisonment.
| ||||||
17 | (a) Concurrent terms; multiple or additional sentences. | ||||||
18 | When an Illinois court (i) imposes multiple sentences of | ||||||
19 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
20 | sentence of imprisonment on a defendant who is already subject | ||||||
21 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
22 | court of another state, or a federal court, then the sentences | ||||||
23 | shall run concurrently unless otherwise determined by the | ||||||
24 | Illinois court under this Section. | ||||||
25 | (b) Concurrent terms; misdemeanor and felony. A defendant |
| |||||||
| |||||||
1 | serving a sentence for a
misdemeanor who is convicted of a | ||||||
2 | felony and sentenced to imprisonment shall be transferred to | ||||||
3 | the Department of Corrections, and the misdemeanor sentence | ||||||
4 | shall be merged in and run concurrently with the felony | ||||||
5 | sentence. | ||||||
6 | (c) Consecutive terms; permissive. The court may impose | ||||||
7 | consecutive 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
12 | consecutive 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
26 | Illinois court has imposed a
sentence of imprisonment on a |
| |||||||
| |||||||
1 | defendant and the defendant is subsequently sentenced to a | ||||||
2 | term of imprisonment by a court of another state or a federal | ||||||
3 | court, then the Illinois sentence shall run consecutively to | ||||||
4 | the sentence imposed by the court of the other state or the | ||||||
5 | federal court. That same Illinois court, however, may order | ||||||
6 | that the Illinois sentence run concurrently with the sentence | ||||||
7 | imposed by the court of the other state or the federal court, | ||||||
8 | but only if the defendant applies to that same Illinois court | ||||||
9 | within 30 days after the sentence imposed by the court of the | ||||||
10 | other state or the federal court is finalized. | ||||||
11 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
12 | The aggregate maximum
and aggregate minimum of consecutive | ||||||
13 | sentences 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 |
| |||||||
| |||||||
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 | ||||||
15 | manner in which consecutive sentences of imprisonment, one or | ||||||
16 | more of which is for a felony, will be served, the Department | ||||||
17 | of Corrections shall treat the defendant as though he or she | ||||||
18 | had been committed for a single term subject to each of the | ||||||
19 | following: | ||||||
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 |
| |||||||
| |||||||
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, | ||||||
15 | all sentences imposed by an Illinois court under this Code | ||||||
16 | shall run concurrent to any and all sentences imposed under | ||||||
17 | the Juvenile Court Act of 1987.
| ||||||
18 | (Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23; | ||||||
19 | 102-1104, 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), | ||||||
23 | offenders Offenders sentenced to a term
of imprisonment for a | ||||||
24 | felony shall be committed to the penitentiary
system of the | ||||||
25 | Department of Corrections.
However, such sentence shall
not |
| |||||||
| |||||||
1 | limit the powers of the Department of Children and Family | ||||||
2 | Services
in relation to any child under the age of one year in | ||||||
3 | the sole custody
of a person so sentenced, nor in relation to | ||||||
4 | any child delivered by a
female so sentenced while she is so | ||||||
5 | confined as a consequence of such
sentence. Except as | ||||||
6 | otherwise provided in this subsection (a), a A person | ||||||
7 | sentenced for a felony may be assigned by the
Department of | ||||||
8 | Corrections to any of its institutions, facilities or
| ||||||
9 | programs. An offender sentenced to a term of imprisonment for | ||||||
10 | a Class 3 or 4 felony, other than a violent crime as defined in | ||||||
11 | Section 3 of the Rights of Crime Victims and Witnesses Act, in | ||||||
12 | which the sentencing order indicates that the offender has | ||||||
13 | less than 4 months remaining on his or her sentence accounting | ||||||
14 | for time served may not be confined in the penitentiary
system | ||||||
15 | of the Department of Corrections but may be assigned to | ||||||
16 | electronic home detention under Article 8A of this Chapter V, | ||||||
17 | an adult transition center, or another facility or program | ||||||
18 | within the Department of Corrections.
| ||||||
19 | (b) Offenders sentenced to a term of imprisonment for less | ||||||
20 | than one
year shall be committed to the custody of the sheriff. | ||||||
21 | A person committed to the
Department of Corrections, prior to | ||||||
22 | July 14, 1983, for less than one
year may be assigned by the
| ||||||
23 | Department to any of its institutions, facilities or programs.
| ||||||
24 | (c) All offenders under 18 years of age when sentenced to | ||||||
25 | imprisonment
shall be committed to the Department of Juvenile | ||||||
26 | Justice and the court in its order of commitment shall set a
|
| |||||||
| |||||||
1 | definite term. The provisions of Section 3-3-3 shall be a part | ||||||
2 | of such
commitment as fully as though written in the order of | ||||||
3 | commitment. The place of confinement for sentences imposed | ||||||
4 | before the effective date of this amendatory Act of the 99th | ||||||
5 | General Assembly are not affected or abated by this amendatory | ||||||
6 | Act of the 99th General Assembly.
| ||||||
7 | (d) No defendant shall be committed to the Department of | ||||||
8 | Corrections
for the recovery of a fine or costs.
| ||||||
9 | (e) When a court sentences a defendant to a term of | ||||||
10 | imprisonment
concurrent with a previous and unexpired sentence | ||||||
11 | of imprisonment
imposed by any district court of the United | ||||||
12 | States, it may commit the
offender to the custody of the | ||||||
13 | Attorney General of the United States.
The Attorney General of | ||||||
14 | the United States, or the authorized
representative of the | ||||||
15 | Attorney General of the United States, shall be
furnished with | ||||||
16 | the warrant of commitment from the court imposing
sentence, | ||||||
17 | which warrant of commitment shall provide that, when the
| ||||||
18 | offender is released from federal confinement, whether by | ||||||
19 | parole or by
termination of sentence, the offender shall be | ||||||
20 | transferred by the
Sheriff of the committing county to the | ||||||
21 | Department of
Corrections. The
court shall cause the | ||||||
22 | Department to be notified of such sentence at the
time of | ||||||
23 | commitment and to be provided with copies of all records
| ||||||
24 | regarding the sentence.
| ||||||
25 | (Source: P.A. 99-628, eff. 1-1-17 ; 101-652.)
|
| |||||||
| |||||||
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 | ||||||
4 | approved by
the supervising authority which is primarily | ||||||
5 | intended to record or transmit
information as to the | ||||||
6 | defendant's presence or nonpresence in the home, consumption | ||||||
7 | of alcohol, consumption of drugs, location as determined | ||||||
8 | through GPS, cellular triangulation, Wi-Fi, or other | ||||||
9 | electronic means.
| ||||||
10 | An approved electronic monitoring device may record or | ||||||
11 | transmit: oral or
wire communications or an auditory sound; | ||||||
12 | visual images; or information
regarding the offender's | ||||||
13 | activities while inside the offender's home.
These devices are | ||||||
14 | subject to the required consent as set forth in Section
5-8A-5 | ||||||
15 | of this Article.
| ||||||
16 | An approved electronic monitoring device may be used to | ||||||
17 | record a
conversation between the participant and the | ||||||
18 | monitoring device, or the
participant and the person | ||||||
19 | supervising the participant solely for the
purpose of | ||||||
20 | identification and not for the purpose of eavesdropping or
| ||||||
21 | conducting any other illegally intrusive monitoring.
| ||||||
22 | (A-10) "Department" means the Department of Corrections or | ||||||
23 | the Department of Juvenile Justice. | ||||||
24 | (A-20) "Electronic monitoring" means the monitoring of an | ||||||
25 | inmate, person, or offender with an electronic device both | ||||||
26 | within and outside of their home under the terms and |
| |||||||
| |||||||
1 | conditions established by the supervising authority. | ||||||
2 | (B) "Excluded offenses" means first degree murder, escape, | ||||||
3 | predatory
criminal sexual assault of a child, aggravated | ||||||
4 | criminal sexual assault,
criminal sexual assault, aggravated | ||||||
5 | battery with a firearm as described in Section 12-4.2 or | ||||||
6 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
7 | 12-3.05, bringing or
possessing a firearm, ammunition or | ||||||
8 | explosive in a penal institution, any
"Super-X" drug offense | ||||||
9 | or calculated criminal drug conspiracy or streetgang
criminal | ||||||
10 | drug conspiracy, or any predecessor or successor offenses with | ||||||
11 | the
same or substantially the same elements, or any inchoate | ||||||
12 | offenses relating to
the foregoing offenses.
| ||||||
13 | (B-10) "GPS" means a device or system which utilizes the | ||||||
14 | Global Positioning Satellite system for determining the | ||||||
15 | location of a person, inmate or offender. | ||||||
16 | (C) "Home detention" means the confinement of a person | ||||||
17 | convicted or
charged with an offense to his or her place of | ||||||
18 | residence under the terms
and conditions established by the | ||||||
19 | supervising authority. Confinement need not be 24 hours per | ||||||
20 | day to qualify as home detention, and significant restrictions | ||||||
21 | on liberty such as 7pm to 7am curfews shall qualify. Home | ||||||
22 | confinement may or may not be accompanied by electronic | ||||||
23 | monitoring, and electronic monitoring is not required for | ||||||
24 | purposes of sentencing credit.
| ||||||
25 | (D) "Participant" means an inmate or offender placed into | ||||||
26 | an
electronic monitoring program.
|
| |||||||
| |||||||
1 | (E) "Supervising authority" means the Department of | ||||||
2 | Corrections, the Department of Juvenile Justice,
probation | ||||||
3 | department, a Chief Judge's office, pretrial services division | ||||||
4 | or department, sheriff, superintendent of
municipal house of | ||||||
5 | corrections or any other officer or agency charged with
| ||||||
6 | authorizing and supervising electronic monitoring and home | ||||||
7 | detention.
| ||||||
8 | (F) "Super-X drug offense" means a violation of Section | ||||||
9 | 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | ||||||
10 | Section 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 | ||||||
13 | utilizes a wireless local area network for determining the | ||||||
14 | location 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 | ||||||
18 | authority may
promulgate rules that prescribe reasonable | ||||||
19 | guidelines under which an
electronic monitoring and home | ||||||
20 | detention program shall operate. When using electronic | ||||||
21 | monitoring for home detention these rules shall may include,
| ||||||
22 | but 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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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; | ||||||
19 | 102-687, 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 | ||||||
22 | of the
electronic monitoring or home detention program . | ||||||
23 | (a) A person charged with or convicted of a felony,
or | ||||||
24 | charged with or adjudicated delinquent for an act which, if | ||||||
25 | committed by an adult, would constitute a felony, |
| |||||||
| |||||||
1 | conditionally released from the supervising authority through | ||||||
2 | an electronic
monitoring or home detention program, who | ||||||
3 | knowingly escapes or leaves from the geographic boundaries of | ||||||
4 | an electronic monitoring or home detention program with the | ||||||
5 | intent to evade prosecution violates a condition of the
| ||||||
6 | electronic
monitoring or home detention program is guilty of a | ||||||
7 | Class 3 felony.
| ||||||
8 | (b) A person charged with or convicted of a misdemeanor,
| ||||||
9 | or charged with or adjudicated delinquent for an act which, if | ||||||
10 | committed by an adult, would constitute a misdemeanor, | ||||||
11 | conditionally released from the supervising authority through | ||||||
12 | an electronic
monitoring or home detention program, who | ||||||
13 | knowingly escapes or leaves from the geographic boundaries of | ||||||
14 | an electronic monitoring or home detention program with the | ||||||
15 | intent to evade prosecution violates a condition of the
| ||||||
16 | electronic
monitoring or home detention program is guilty of a | ||||||
17 | Class B misdemeanor.
| ||||||
18 | (c) A person who violates this Section while armed with a | ||||||
19 | dangerous 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 | ||||||
24 | by repealing Sections 5-6-3.8 and 5-8A-4.15. |
| |||||||
| |||||||
1 | Section 1-270. The Probation and Probation Officers Act is | ||||||
2 | amended by changing Section 18 as follows: | ||||||
3 | (730 ILCS 110/18) | ||||||
4 | Sec. 18. Probation and court services departments | ||||||
5 | considered pretrial services agencies. For the purposes of | ||||||
6 | administering the provisions of Public Act 95-773, known as | ||||||
7 | the Cindy Bischof Law, all probation and court services | ||||||
8 | departments are to be considered pretrial services agencies | ||||||
9 | under the Pretrial Services Act and under the pretrial release | ||||||
10 | bail bond provisions of the Code of Criminal Procedure of | ||||||
11 | 1963.
| ||||||
12 | (Source: P.A. 96-341, eff. 8-11-09; 101-652.) | ||||||
13 | Section 1-275. The County Jail Act is amended by changing | ||||||
14 | Section 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 | ||||||
18 | costs of maintaining persons
committed for violations of | ||||||
19 | Illinois law, shall be the responsibility of the
county. | ||||||
20 | Except as provided in subsection (b), all costs of maintaining
| ||||||
21 | persons committed under any ordinance or resolution of a unit | ||||||
22 | of local
government, including medical costs, is the | ||||||
23 | responsibility of the unit of local
government enacting the |
| |||||||
| |||||||
1 | ordinance or resolution, and arresting the person.
| ||||||
2 | (b) If a person who is serving a term of mandatory | ||||||
3 | supervised release for a felony is incarcerated in a county | ||||||
4 | jail, the
Illinois Department of Corrections shall pay the | ||||||
5 | county in which that jail is
located one-half of the cost of | ||||||
6 | incarceration, as calculated by the Governor's Office of | ||||||
7 | Management and Budget and the county's chief financial | ||||||
8 | officer, for each day
that the person remains in the county | ||||||
9 | jail after notice of the
incarceration is given to the | ||||||
10 | Illinois Department of
Corrections by the county, provided | ||||||
11 | that (i) the Illinois
Department of Corrections has issued a | ||||||
12 | warrant for an alleged
violation of mandatory supervised | ||||||
13 | release by the person; (ii)
if the person is incarcerated on a | ||||||
14 | new charge, unrelated to the
offense for which he or she is on | ||||||
15 | mandatory supervised release,
there has been a court hearing | ||||||
16 | at which the conditions of pretrial release have bail has been | ||||||
17 | set on
the new charge; (iii) the county has notified the | ||||||
18 | Illinois
Department of Corrections that the person is | ||||||
19 | incarcerated in
the county jail, which notice shall not be | ||||||
20 | given until the bail
hearing has concluded, if the person is | ||||||
21 | incarcerated on a new
charge; and (iv) the person remains | ||||||
22 | incarcerated in the county
jail for more than 48 hours after | ||||||
23 | the notice has been given to
the Department of Corrections by | ||||||
24 | the county. Calculation of the per diem cost
shall be agreed | ||||||
25 | upon prior to the passage of the annual State budget.
| ||||||
26 | (c) If a person who is serving a term of mandatory
|
| |||||||
| |||||||
1 | supervised release is incarcerated in a county jail, following
| ||||||
2 | an arrest on a warrant issued by the Illinois Department of
| ||||||
3 | Corrections, solely for violation of a condition of mandatory
| ||||||
4 | supervised release and not on any new charges for a new
| ||||||
5 | offense, then the Illinois Department of Corrections shall pay
| ||||||
6 | the medical costs incurred by the county in securing treatment
| ||||||
7 | for that person, for any injury or condition other than one
| ||||||
8 | arising out of or in conjunction with the arrest of the person
| ||||||
9 | or resulting from the conduct of county personnel, while he or
| ||||||
10 | she remains in the county jail on the warrant issued by the
| ||||||
11 | Illinois Department of Corrections.
| ||||||
12 | (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07 ; | ||||||
13 | 101-652.)
| ||||||
14 | Section 1-280. The County Jail Good Behavior Allowance Act | ||||||
15 | is 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 | ||||||
18 | sentence of
confinement in a county jail for a fixed term of | ||||||
19 | imprisonment after January 1,
1987 shall entitle such person | ||||||
20 | to a good behavior allowance, except that: (1) a
person who | ||||||
21 | inflicted physical harm upon another person in committing the
| ||||||
22 | offense for which he is confined shall receive no good | ||||||
23 | behavior allowance; and
(2) a person sentenced for an offense | ||||||
24 | for which the law provides a mandatory
minimum sentence shall |
| |||||||
| |||||||
1 | not receive any portion of a good behavior allowance
that | ||||||
2 | would reduce the sentence below the mandatory minimum; and (3) | ||||||
3 | a person
sentenced to a county impact incarceration program; | ||||||
4 | and (4) a person who is
convicted of criminal sexual assault | ||||||
5 | under 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 | ||||||
7 | Criminal Code of 2012, criminal sexual abuse, or aggravated | ||||||
8 | criminal
sexual abuse shall receive no good
behavior | ||||||
9 | allowance. The good behavior
allowance provided for in this | ||||||
10 | Section shall not apply to individuals sentenced
for a felony | ||||||
11 | to probation or conditional discharge where a condition of | ||||||
12 | such
probation or conditional discharge is that the individual | ||||||
13 | serve a sentence of
periodic imprisonment or to individuals | ||||||
14 | sentenced under an order of court for
civil contempt.
| ||||||
15 | Such good behavior allowance shall be cumulative and | ||||||
16 | awarded as
provided in this Section.
| ||||||
17 | The good behavior allowance rate shall be cumulative and
| ||||||
18 | awarded on the following basis:
| ||||||
19 | The prisoner shall receive one day of good behavior | ||||||
20 | allowance for each
day of service of sentence in the county | ||||||
21 | jail, and one day of good behavior
allowance for each day of | ||||||
22 | incarceration in the county jail before sentencing
for the | ||||||
23 | offense that he or she is currently serving sentence but was | ||||||
24 | unable to
comply with the conditions of pretrial release post | ||||||
25 | bail before sentencing, except that a prisoner serving a | ||||||
26 | sentence of
periodic imprisonment under Section 5-7-1 of the |
| |||||||
| |||||||
1 | Unified Code of Corrections
shall only be eligible to receive | ||||||
2 | good behavior allowance if authorized by the
sentencing judge. | ||||||
3 | Each day of good behavior allowance shall reduce by one day
the | ||||||
4 | prisoner's period of incarceration set by the court. For the | ||||||
5 | purpose of
calculating a prisoner's good behavior allowance, a | ||||||
6 | fractional part of a day
shall not be calculated as a day of | ||||||
7 | service of sentence in the county jail
unless the fractional | ||||||
8 | part of the day is over 12 hours in which case a whole
day | ||||||
9 | shall be credited on the good behavior allowance.
| ||||||
10 | If consecutive sentences are served and the time served | ||||||
11 | amounts to a
total of one year or more, the good behavior | ||||||
12 | allowance shall be calculated
on a continuous basis throughout | ||||||
13 | the entire time served beginning on the
first date of sentence | ||||||
14 | or incarceration, as the case may be.
| ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13; | ||||||
16 | 101-652.)
| ||||||
17 | Section 1-285. The Veterans and Servicemembers Court
| ||||||
18 | Treatment Act is amended by changing Section 20 as follows: | ||||||
19 | (730 ILCS 167/20) | ||||||
20 | Sec. 20. Eligibility. Veterans and servicemembers are | ||||||
21 | eligible for veterans and servicemembers courts, provided the | ||||||
22 | following:
| ||||||
23 | (a)
A defendant may be admitted into a veterans and | ||||||
24 | servicemembers court program only upon the consent of the |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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; | ||||||
8 | revised 8-19-22.) | ||||||
9 | Section 1-290. The Mental Health Court Treatment Act is | ||||||
10 | amended 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 | ||||||
14 | program only upon the consent of the defendant and with the | ||||||
15 | approval of the court. A defendant agrees to be admitted when a | ||||||
16 | written consent to participate is provided to the court in | ||||||
17 | open court and the defendant acknowledges understanding its | ||||||
18 | contents. | ||||||
19 | (a-5) Each mental health court shall have a target | ||||||
20 | population defined in its written policies and procedures. The | ||||||
21 | policies and procedures shall define that court's eligibility | ||||||
22 | and exclusionary criteria. | ||||||
23 | (b) A defendant shall be excluded from a mental health | ||||||
24 | court program if any one of the following applies: |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
8 | admitted into a mental health court program only upon the | ||||||
9 | agreement of the prosecutor if the defendant is charged with a | ||||||
10 | Class 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 | ||||||
20 | changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and | ||||||
21 | 21-103 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 | ||||||
24 | appear from the
complaint itself, or from the
documents |
| |||||||
| |||||||
1 | thereto annexed, that the party can neither be discharged,
| ||||||
2 | admitted to pretrial release bail nor otherwise relieved, the | ||||||
3 | court shall
forthwith award relief by habeas corpus. Any judge | ||||||
4 | empowered to grant relief
by habeas corpus who shall corruptly | ||||||
5 | refuse to grant
the relief when legally applied for in a case | ||||||
6 | where it may lawfully be granted, or
who shall for the purpose | ||||||
7 | of oppression unreasonably delay the granting
of such relief | ||||||
8 | shall, for every such offense, forfeit to the prisoner or
| ||||||
9 | party 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 | ||||||
13 | imprisonment is
for a criminal, or
supposed criminal matter, | ||||||
14 | if it appears to the court that there
is sufficient legal cause | ||||||
15 | for the commitment of the prisoner, although
such commitment | ||||||
16 | may have been informally made, or without due authority,
or | ||||||
17 | the process may have been executed by a person not duly | ||||||
18 | authorized,
the court shall make a new commitment in proper | ||||||
19 | form, and
direct it to the proper officer, or admit the party | ||||||
20 | to pretrial release bail if the case
is eligible for pretrial | ||||||
21 | release bailable . The court shall also, when necessary, take | ||||||
22 | the
recognizance of all material witnesses against the | ||||||
23 | prisoner, as in other
cases. The recognizances shall be in the | ||||||
24 | form provided by law, and
returned as other recognizances. If | ||||||
25 | any judge shall neglect or refuse to
bind any such prisoner or |
| |||||||
| |||||||
1 | witness by recognizance, or to return a
recognizance when | ||||||
2 | taken as hereinabove stated, he or she shall be guilty of a
| ||||||
3 | Class A misdemeanor in office, and be proceeded against | ||||||
4 | accordingly.
| ||||||
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 | ||||||
8 | any court, on a second
order of habeas corpus obtained by such | ||||||
9 | prisoner, to discharge the prisoner,
if he or she is clearly | ||||||
10 | and specifically charged in the warrant of
commitment with a | ||||||
11 | criminal offense; but the court shall,
on the return of such | ||||||
12 | second order, have power only to admit such
prisoner to | ||||||
13 | pretrial release bail where the offense is eligible for | ||||||
14 | pretrial release bailable by law, or remand him or
her to | ||||||
15 | prison where the offense is not eligible for pretrial release | ||||||
16 | bailable , or being eligible for pretrial release bailable , | ||||||
17 | where such
prisoner fails to comply with the terms of pretrial | ||||||
18 | release 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 | ||||||
22 | having authority
to grant relief by habeas
corpus, may enter | ||||||
23 | orders, when necessary, to bring before them any
prisoner to | ||||||
24 | testify, or to be surrendered in discharge of pretrial release |
| |||||||
| |||||||
1 | bail , or for
trial upon any criminal charge lawfully pending | ||||||
2 | in the same court or to
testify in a criminal proceeding in | ||||||
3 | another state as provided for by
Section 2 of the "Uniform Act | ||||||
4 | to secure the attendance of witnesses from
within or without a | ||||||
5 | state in criminal proceedings", approved July 23,
1959, as | ||||||
6 | heretofore or hereafter amended; and the order may be directed | ||||||
7 | to any
county in the State, and there be served and returned by | ||||||
8 | any 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 | ||||||
12 | prisoner has given
his or her testimony, or been
surrendered, | ||||||
13 | or his or her pretrial release bail discharged, or he or she | ||||||
14 | has been tried
for the crime with which he or she is charged, | ||||||
15 | he or she shall be returned
to the jail or other place of | ||||||
16 | confinement from which he or she was taken
for that purpose.
If | ||||||
17 | such prisoner is convicted of a crime punishable with death
or | ||||||
18 | imprisonment in the penitentiary, he or she may be punished | ||||||
19 | accordingly; but
in any case where the prisoner has been taken | ||||||
20 | from the
penitentiary, and his or her punishment is by | ||||||
21 | imprisonment, the time of such
imprisonment shall not commence | ||||||
22 | to run until the expiration of the time
of service under any | ||||||
23 | former sentence.
| ||||||
24 | (Source: P.A. 82-280; 101-652.)
|
| |||||||
| |||||||
1 | (735 ILCS 5/21-103)
| ||||||
2 | Sec. 21-103. Notice by publication.
| ||||||
3 | (a) Previous notice shall be given of the intended | ||||||
4 | application by
publishing a notice thereof in some newspaper | ||||||
5 | published in the municipality
in which the person resides if | ||||||
6 | the municipality is in a county with a
population under | ||||||
7 | 2,000,000, or if the person does not reside
in a municipality | ||||||
8 | in a county with a population under 2,000,000,
or if no | ||||||
9 | newspaper is published in the municipality or if the person | ||||||
10 | resides
in a county with a population of 2,000,000 or more, | ||||||
11 | then in some newspaper
published in the county where the | ||||||
12 | person resides, or if no newspaper
is published in that | ||||||
13 | county, then in some convenient newspaper published
in this | ||||||
14 | State. The notice shall be inserted for 3 consecutive weeks | ||||||
15 | after filing, the
first insertion to be at least 6 weeks before | ||||||
16 | the return day upon which
the petition is to be heard, and | ||||||
17 | shall be signed by the petitioner or, in
case of a minor, the | ||||||
18 | minor's parent or guardian, and shall set
forth the return day | ||||||
19 | of court on which the petition is to be heard and the
name | ||||||
20 | sought to be assumed.
| ||||||
21 | (b) The publication requirement of subsection (a) shall | ||||||
22 | not be
required in any application for a change of name | ||||||
23 | involving a minor if,
before making judgment under this | ||||||
24 | Article, reasonable notice and opportunity
to be heard is | ||||||
25 | given to any parent whose parental rights have not been
| ||||||
26 | previously terminated and to any person who has physical |
| |||||||
| |||||||
1 | custody of the
child. If any of these persons are outside this | ||||||
2 | State, notice and
opportunity to be heard shall be given under | ||||||
3 | Section 21-104.
| ||||||
4 | (b-3) The publication requirement of subsection (a) shall | ||||||
5 | not be required in any application for a change of name | ||||||
6 | involving a person who has received a judgment for dissolution | ||||||
7 | of marriage or declaration of invalidity of marriage and | ||||||
8 | wishes to change his or her name to resume the use of his or | ||||||
9 | her former or maiden name. | ||||||
10 | (b-5) Upon motion, the court may issue an order directing | ||||||
11 | that the notice and publication requirement be waived for a | ||||||
12 | change of name involving a person who files with the court a | ||||||
13 | written declaration that the person believes that publishing | ||||||
14 | notice of the name change would put the person at risk of | ||||||
15 | physical harm or discrimination. The person must provide | ||||||
16 | evidence to support the claim that publishing notice of the | ||||||
17 | name change would put the person at risk of physical harm or | ||||||
18 | discrimination. | ||||||
19 | (c) The Director of the Illinois State Police or his or her | ||||||
20 | designee may apply to the
circuit court
for an order directing | ||||||
21 | that the notice and publication requirements of
this Section | ||||||
22 | be waived if the Director or his or her designee certifies that
| ||||||
23 | the name change being sought is intended to protect a witness | ||||||
24 | during and
following a criminal investigation or proceeding.
| ||||||
25 | (c-1) The court may enter a written order waiving the | ||||||
26 | publication requirement of subsection (a) if: |
| |||||||
| |||||||
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 | ||||||
14 | documents, including relevant court orders. | ||||||
15 | (c-2) If the petitioner files a statement attesting that | ||||||
16 | disclosure of the petitioner's address would put the | ||||||
17 | petitioner or any member of the petitioner's family or | ||||||
18 | household at risk or reveal the confidential address of a | ||||||
19 | shelter for domestic violence victims, that address may be | ||||||
20 | omitted from all documents filed with the court, and the | ||||||
21 | petitioner may designate an alternative address for service. | ||||||
22 | (c-3) Court administrators may allow domestic abuse | ||||||
23 | advocates, rape crisis advocates, and victim advocates to | ||||||
24 | assist petitioners in the preparation of name changes under | ||||||
25 | subsection (c-1). | ||||||
26 | (c-4) If the publication requirements of subsection (a) |
| |||||||
| |||||||
1 | have been waived, the circuit court shall enter an order | ||||||
2 | impounding the case. | ||||||
3 | (d) The maximum rate charged for publication of a notice | ||||||
4 | under this Section may not exceed the lowest classified rate | ||||||
5 | paid by commercial users for comparable space in the newspaper | ||||||
6 | in which the notice appears and shall include all cash | ||||||
7 | discounts, multiple insertion discounts, and similar benefits | ||||||
8 | extended to the newspaper's regular customers. | ||||||
9 | (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20; | ||||||
10 | 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
11 | 5-13-22 .) | ||||||
12 | Section 1-300. The Civil No Contact Order Act is amended | ||||||
13 | by 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 | ||||||
17 | from enforcing a valid protective order issued in another | ||||||
18 | state. | ||||||
19 | (b) Illinois courts may enforce civil no contact orders | ||||||
20 | through both criminal proceedings and civil contempt | ||||||
21 | proceedings, unless the action which is second in time is | ||||||
22 | barred by collateral estoppel or the constitutional | ||||||
23 | prohibition against double jeopardy. | ||||||
24 | (b-1) The court shall not hold a school district or |
| |||||||
| |||||||
1 | private or non-public school or any of its employees in civil | ||||||
2 | or criminal contempt unless the school district or private or | ||||||
3 | non-public school has been allowed to intervene. | ||||||
4 | (b-2) The court may hold the parents, guardian, or legal | ||||||
5 | custodian of a minor respondent in civil or criminal contempt | ||||||
6 | for a violation of any provision of any order entered under | ||||||
7 | this Act for conduct of the minor respondent in violation of | ||||||
8 | this Act if the
parents, guardian, or legal custodian | ||||||
9 | directed, encouraged, or assisted the respondent minor in such | ||||||
10 | conduct. | ||||||
11 | (c) Criminal prosecution. A violation of any civil no | ||||||
12 | contact order, whether issued in a civil or criminal | ||||||
13 | proceeding, shall be enforced by a criminal court when the | ||||||
14 | respondent commits the crime of violation of a civil no | ||||||
15 | contact order pursuant to Section 219 by having knowingly | ||||||
16 | violated: | ||||||
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 | ||||||
24 | shall not bar a concurrent prosecution for any other crime, | ||||||
25 | including any crime that may have been committed at the time of | ||||||
26 | the violation of the civil no contact order. |
| |||||||
| |||||||
1 | (d) Contempt of court. A violation of any valid Illinois | ||||||
2 | civil no contact order, whether issued in a civil or criminal | ||||||
3 | proceeding, may be enforced through civil or criminal contempt | ||||||
4 | procedures, as appropriate, by any court with jurisdiction, | ||||||
5 | regardless of where the act or acts which violated the civil no | ||||||
6 | contact order were committed, to the extent consistent with | ||||||
7 | the 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 | ||||||
25 | enforced pursuant to this Section if the respondent violates | ||||||
26 | the order after the respondent has actual knowledge of its |
| |||||||
| |||||||
1 | contents 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 | ||||||
9 | criminal court shall not be affected by either of the | ||||||
10 | following: | ||||||
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 | ||||||
16 | not a violation of a civil no contact order has occurred, shall | ||||||
17 | not require physical manifestations of abuse on the person of | ||||||
18 | the 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
11 | 101-652.) | ||||||
12 | Section 1-305. The Illinois Domestic Violence Act of 1986 | ||||||
13 | is 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 | ||||||
17 | protection,
whether issued in a civil or criminal proceeding | ||||||
18 | or by a military tribunal, shall be enforced
by a
criminal | ||||||
19 | court 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), |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | territory.
| ||||||
2 | (b) When violation is contempt of court. A violation of | ||||||
3 | any valid
Illinois order of protection, whether issued in a | ||||||
4 | civil or criminal
proceeding or by a military tribunal, may be | ||||||
5 | enforced through civil or criminal contempt procedures,
as | ||||||
6 | appropriate, by any court with jurisdiction, regardless where | ||||||
7 | the act or
acts which violated the order of protection were | ||||||
8 | committed, to the extent
consistent with the venue provisions | ||||||
9 | of this Act. Nothing in this Act
shall preclude any Illinois | ||||||
10 | court from enforcing any valid order of
protection issued in | ||||||
11 | another state. Illinois courts may enforce orders of
| ||||||
12 | protection through both criminal prosecution and contempt | ||||||
13 | proceedings,
unless the action which is second in time is | ||||||
14 | barred by collateral estoppel
or the constitutional | ||||||
15 | prohibition 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 |
| |||||||
| |||||||
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 | ||||||
4 | private or non-public school or any of its employees in civil | ||||||
5 | or criminal contempt unless the school district or private or | ||||||
6 | non-public school has been allowed to intervene. | ||||||
7 | (b-2) The court may hold the parents, guardian, or legal | ||||||
8 | custodian of a minor respondent in civil or criminal contempt | ||||||
9 | for a violation of any provision of any order entered under | ||||||
10 | this Act for conduct of the minor respondent in violation of | ||||||
11 | this Act if the
parents, guardian, or legal custodian | ||||||
12 | directed, encouraged, or assisted the respondent minor in such | ||||||
13 | conduct. | ||||||
14 | (c) Violation of custody or support orders or temporary or | ||||||
15 | final judgments allocating parental responsibilities. A | ||||||
16 | violation of remedies
described in paragraphs (5), (6), (8), | ||||||
17 | or (9) of subsection (b) of Section
214 of this Act may be | ||||||
18 | enforced by any remedy provided by Section 607.5 of
the | ||||||
19 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
20 | may
enforce any order for support issued under paragraph (12) | ||||||
21 | of subsection (b)
of Section 214 in the manner provided for | ||||||
22 | under Parts V and VII of the
Illinois Marriage and Dissolution | ||||||
23 | of Marriage Act.
| ||||||
24 | (d) Actual knowledge. An order of protection may be | ||||||
25 | enforced pursuant to
this Section if the respondent violates | ||||||
26 | the order after the
respondent has
actual knowledge of its |
| |||||||
| |||||||
1 | contents 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 | ||||||
9 | criminal court
shall not be affected by either of the | ||||||
10 | following:
| ||||||
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 | ||||||
16 | not a
violation of an order of protection has occurred, shall | ||||||
17 | not require
physical manifestations of abuse on the person of | ||||||
18 | the 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
| ||||||
20 | warrant if the officer has probable cause to believe that the | ||||||
21 | person has
committed or is committing any crime, including but | ||||||
22 | not limited to
violation of an order of protection, under | ||||||
23 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
24 | Criminal Code of 2012, even if the crime was not committed in | ||||||
25 | the presence of the
officer.
|
| |||||||
| |||||||
1 | (b) The law enforcement officer may verify the existence | ||||||
2 | of an order of
protection by telephone or radio communication | ||||||
3 | with his or her law enforcement
agency or by referring to the | ||||||
4 | copy of the order, or order of protection described on a Hope | ||||||
5 | Card under Section 219.5, provided by the petitioner
or | ||||||
6 | respondent.
| ||||||
7 | (c) Any law enforcement officer may make an arrest without | ||||||
8 | warrant if the
officer has reasonable grounds to believe a | ||||||
9 | defendant at liberty under
the provisions of subdivision | ||||||
10 | (d)(1) or (d)(2) of Section 110-10 of the Code of
Criminal | ||||||
11 | Procedure of 1963 has violated a condition of
his or her bail | ||||||
12 | bond pretrial release or recognizance.
| ||||||
13 | (Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22; | ||||||
14 | 102-813, eff. 5-13-22 .) | ||||||
15 | Section 1-310. The Industrial and Linen Supplies Marking | ||||||
16 | Law 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 | ||||||
20 | of any firm,
partnership or corporation which is a registrant | ||||||
21 | under this Act, takes an
oath before any circuit court, that he | ||||||
22 | has reason to believe that any
supplies are being unlawfully | ||||||
23 | used, sold, or secreted in any place, the
court shall issue a | ||||||
24 | search warrant to any police officer authorizing such
officer |
| |||||||
| |||||||
1 | to search the premises wherein it is alleged such articles may | ||||||
2 | be
found and take into custody any person in whose possession | ||||||
3 | the articles are
found. Any person so seized shall be taken | ||||||
4 | without unnecessary delay before
the court issuing the search | ||||||
5 | warrant. The court is empowered to impose conditions of | ||||||
6 | pretrial release bail
on any such person to compel his | ||||||
7 | attendance at any continued hearing.
| ||||||
8 | (Source: P.A. 77-1273; 101-652.)
| ||||||
9 | Section 1-315. The Illinois Torture Inquiry and Relief | ||||||
10 | Commission 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
| ||||||
14 | evidence of torture to merit judicial review, the Chair of the
| ||||||
15 | Commission shall request the Chief Judge of the Circuit Court
| ||||||
16 | of Cook County for assignment to a trial judge for
| ||||||
17 | consideration. The court may receive proof by affidavits,
| ||||||
18 | depositions, oral testimony, or other evidence. In its
| ||||||
19 | discretion the court may order the petitioner brought before
| ||||||
20 | the court for the hearing. Notwithstanding the status of any | ||||||
21 | other postconviction proceedings relating to the petitioner, | ||||||
22 | if the court finds in favor of the
petitioner, it shall enter | ||||||
23 | an appropriate order with respect to
the judgment or sentence | ||||||
24 | in the former proceedings and such
supplementary orders as to |
| |||||||
| |||||||
1 | rearraignment, retrial, custody,
pretrial release bail or | ||||||
2 | discharge, or for such relief as may be granted under a | ||||||
3 | petition for a certificate of innocence, as may be necessary | ||||||
4 | and proper. | ||||||
5 | (b) The State's Attorney, or the State's Attorney's
| ||||||
6 | designee, shall represent the State at the hearing before the
| ||||||
7 | assigned judge.
| ||||||
8 | (Source: P.A. 96-223, eff. 8-10-09; 101-652.) | ||||||
9 | Section 1-320. The Unemployment Insurance Act is amended | ||||||
10 | by 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 | ||||||
14 | week in which he has been discharged for
misconduct connected | ||||||
15 | with his work and, thereafter, until he has become
reemployed | ||||||
16 | and has had earnings equal to or in excess of his current | ||||||
17 | weekly
benefit amount in each of four calendar weeks
which are | ||||||
18 | either for services in employment, or have been or will be | ||||||
19 | reported
pursuant to the provisions of the Federal Insurance | ||||||
20 | Contributions Act by
each employing unit for which such | ||||||
21 | services are performed and which submits
a statement | ||||||
22 | certifying to that fact.
The requalification requirements of | ||||||
23 | the preceding sentence shall be
deemed to have been satisfied, | ||||||
24 | as of the date of reinstatement, if,
subsequent to his |
| |||||||
| |||||||
1 | discharge by an employing unit for misconduct connected
with | ||||||
2 | his work, such individual is reinstated by such employing | ||||||
3 | unit. For
purposes of this subsection, the term "misconduct" | ||||||
4 | means the deliberate and
willful violation of a reasonable | ||||||
5 | rule or policy of the employing unit,
governing the | ||||||
6 | individual's behavior in performance of his work, provided
| ||||||
7 | such violation has harmed the employing unit or other | ||||||
8 | employees or has been
repeated by the individual despite a | ||||||
9 | warning or other explicit instruction
from the employing unit. | ||||||
10 | The previous definition notwithstanding, "misconduct" shall | ||||||
11 | include 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | For purposes of paragraphs 4 and 8, conduct is "grossly | ||||||
2 | negligent" when the individual is, or reasonably should be, | ||||||
3 | aware of a substantial risk that the conduct will result in the | ||||||
4 | harm sought to be prevented and the conduct constitutes a | ||||||
5 | substantial deviation from the standard of care a reasonable | ||||||
6 | person would exercise in the situation. | ||||||
7 | Nothing in paragraph 6 or 7 prohibits the lawful use of | ||||||
8 | over-the-counter drug products as defined in Section 206 of | ||||||
9 | the Illinois Controlled Substances Act, provided that the | ||||||
10 | medication does not affect the safe performance of the | ||||||
11 | employee's work duties. | ||||||
12 | B. Notwithstanding any other provision of this Act, no | ||||||
13 | benefit
rights shall accrue to any individual based upon wages | ||||||
14 | from any employer
for service rendered prior to the day upon | ||||||
15 | which such individual was
discharged because of the commission | ||||||
16 | of a felony in connection with his
work, or because of theft in | ||||||
17 | connection with his work, for which the
employer was in no way | ||||||
18 | responsible; provided, that the employer notified
the Director | ||||||
19 | of such possible ineligibility within the time limits
| ||||||
20 | specified by regulations of the Director, and that the | ||||||
21 | individual has
admitted his commission of the felony or theft | ||||||
22 | to a representative of
the Director, or has signed a written | ||||||
23 | admission of such act and such
written admission has been | ||||||
24 | presented to a representative of the
Director, or such act has | ||||||
25 | resulted in a conviction or order of
supervision by a court of
| ||||||
26 | competent jurisdiction; and provided further, that if by |
| |||||||
| |||||||
1 | reason of such
act, he is in legal custody, held on pretrial | ||||||
2 | release bail or is a fugitive from justice,
the determination | ||||||
3 | of his benefit rights shall be held in abeyance
pending the | ||||||
4 | result 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 | ||||||
11 | by 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 | ||||||
17 | Sections 17.6, 17.7, 17.8, and 17.9. | ||||||
18 | Section 1-335. The Unified Code of Corrections is amended | ||||||
19 | by 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 |
| |||||||
| |||||||
1 | procedures otherwise specified, after a
determination of | ||||||
2 | guilt, a hearing shall be held to impose the sentence.
| ||||||
3 | However, prior to the imposition of sentence on an individual | ||||||
4 | being
sentenced for an offense based upon a charge for a | ||||||
5 | violation of Section
11-501 of the Illinois Vehicle Code or a | ||||||
6 | similar provision of a local
ordinance, the individual must | ||||||
7 | undergo a professional evaluation to
determine if an alcohol | ||||||
8 | or other drug abuse problem exists and the extent
of such a | ||||||
9 | problem. Programs conducting these evaluations shall be
| ||||||
10 | licensed by the Department of Human Services. However, if the | ||||||
11 | individual is
not a resident of Illinois, the court
may, in its | ||||||
12 | discretion, accept an evaluation from a program in the state | ||||||
13 | of
such individual's residence. The court may in its | ||||||
14 | sentencing order approve an
eligible defendant for placement | ||||||
15 | in a Department of Corrections impact
incarceration program as | ||||||
16 | provided in Section 5-8-1.1 or 5-8-1.3. The court may in its | ||||||
17 | sentencing order recommend a defendant for placement in a | ||||||
18 | Department of Corrections substance abuse treatment program as | ||||||
19 | provided in paragraph (a) of subsection (1) of Section 3-2-2 | ||||||
20 | conditioned upon the defendant being accepted in a program by | ||||||
21 | the 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
25 | his
independent assessment of the elements specified above and | ||||||
26 | any agreement
as to sentence reached by the parties. The judge |
| |||||||
| |||||||
1 | who presided at the
trial or the judge who accepted the plea of | ||||||
2 | guilty shall impose the
sentence unless he is no longer | ||||||
3 | sitting as a judge in that court. Where
the judge does not | ||||||
4 | impose sentence at the same time on all defendants
who are | ||||||
5 | convicted as a result of being involved in the same offense, | ||||||
6 | the
defendant or the State's Attorney may advise the | ||||||
7 | sentencing court of the
disposition of any other defendants | ||||||
8 | who have been sentenced.
| ||||||
9 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
10 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
11 | sentence of probation or conditional discharge is an available | ||||||
12 | sentence, if the defendant has no prior sentence of probation | ||||||
13 | or conditional discharge and no prior conviction for a violent | ||||||
14 | crime, the defendant shall not be sentenced to imprisonment | ||||||
15 | before review and consideration of a presentence report and | ||||||
16 | determination and explanation of why the particular evidence, | ||||||
17 | information, factor in aggravation, factual finding, or other | ||||||
18 | reasons support a sentencing determination that one or more of | ||||||
19 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
20 | apply and that probation or conditional discharge is not an | ||||||
21 | appropriate sentence. | ||||||
22 | (c) In imposing a sentence for a violent crime or for an | ||||||
23 | offense of
operating or being in physical control of a vehicle | ||||||
24 | while under the
influence of alcohol, any other drug or any | ||||||
25 | combination thereof, or a
similar provision of a local | ||||||
26 | ordinance, when such offense resulted in the
personal injury |
| |||||||
| |||||||
1 | to someone other than the defendant, the trial judge shall
| ||||||
2 | specify on the record the particular evidence, information, | ||||||
3 | factors in
mitigation and aggravation or other reasons that | ||||||
4 | led to his sentencing
determination. The full verbatim record | ||||||
5 | of the sentencing hearing shall be
filed with the clerk of the | ||||||
6 | court and shall be a public record.
| ||||||
7 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
8 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
9 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
10 | firearm, or armed violence with a category I weapon
or | ||||||
11 | category II weapon,
the trial judge shall make a finding as to | ||||||
12 | whether the conduct leading to
conviction for the offense | ||||||
13 | resulted in great bodily harm to a victim, and
shall enter that | ||||||
14 | finding and the basis for that finding in the record.
| ||||||
15 | (c-1.5) Notwithstanding any other provision of law to the | ||||||
16 | contrary, in imposing a sentence for an offense that requires | ||||||
17 | a mandatory minimum sentence of imprisonment, the court may | ||||||
18 | instead sentence the offender to probation, conditional | ||||||
19 | discharge, or a lesser term of imprisonment it deems | ||||||
20 | appropriate if: (1) the offense involves the use or possession | ||||||
21 | of drugs, retail theft, or driving on a revoked license due to | ||||||
22 | unpaid financial obligations; (2) the court finds that the | ||||||
23 | defendant does not pose a risk to public safety; and (3) the | ||||||
24 | interest of justice requires imposing a term of probation, | ||||||
25 | conditional discharge, or a lesser term of imprisonment. The | ||||||
26 | court must state on the record its reasons for imposing |
| |||||||
| |||||||
1 | probation, conditional discharge, or a lesser term of | ||||||
2 | imprisonment. | ||||||
3 | (c-2) If the defendant is sentenced to prison, other than | ||||||
4 | when a sentence of
natural life imprisonment or a sentence of | ||||||
5 | death is imposed, at the time
the sentence is imposed the judge | ||||||
6 | shall
state on the record in open court the approximate period | ||||||
7 | of time the defendant
will serve in custody according to the | ||||||
8 | then current statutory rules and
regulations for sentence | ||||||
9 | credit found in Section 3-6-3 and other related
provisions of | ||||||
10 | this Code. This statement is intended solely to inform the
| ||||||
11 | public, has no legal effect on the defendant's actual release, | ||||||
12 | and may not be
relied on by the defendant on appeal.
| ||||||
13 | The judge's statement, to be given after pronouncing the | ||||||
14 | sentence, other than
when the sentence is imposed for one of | ||||||
15 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
16 | shall include the following:
| ||||||
17 | "The purpose of this statement is to inform the public of | ||||||
18 | the actual period
of time this defendant is likely to spend in | ||||||
19 | prison as a result of this
sentence. The actual period of | ||||||
20 | prison time served is determined by the
statutes of Illinois | ||||||
21 | as applied to this sentence by the Illinois Department of
| ||||||
22 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
23 | case, assuming the defendant
receives all of his or her | ||||||
24 | sentence credit, the period of estimated actual
custody is ... | ||||||
25 | years and ... months, less up to 180 days additional earned | ||||||
26 | sentence credit. If the defendant, because of his or
her own |
| |||||||
| |||||||
1 | misconduct or failure to comply with the institutional | ||||||
2 | regulations,
does not receive those credits, the actual time | ||||||
3 | served in prison will be
longer. The defendant may also | ||||||
4 | receive an additional one-half day sentence
credit for each | ||||||
5 | day of participation in vocational, industry, substance abuse,
| ||||||
6 | and educational programs as provided for by Illinois statute."
| ||||||
7 | When the sentence is imposed for one of the offenses | ||||||
8 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
9 | first degree murder, and the offense was
committed on or after | ||||||
10 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
11 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
12 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
13 | offense was committed on or after January 1, 1999,
and when the | ||||||
14 | sentence is imposed for aggravated driving under the influence
| ||||||
15 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
16 | compounds, or
any combination thereof as defined in | ||||||
17 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
18 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
19 | imposed for aggravated arson if the offense was committed
on | ||||||
20 | or after July 27, 2001 (the effective date of Public Act | ||||||
21 | 92-176), and when
the sentence is imposed for aggravated | ||||||
22 | driving under the influence of alcohol,
other drug or drugs, | ||||||
23 | or intoxicating compound or compounds, or any combination
| ||||||
24 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
25 | subsection (d) of
Section 11-501 of the Illinois Vehicle Code | ||||||
26 | committed on or after January 1, 2011 (the effective date of |
| |||||||
| |||||||
1 | Public Act 96-1230), the judge's
statement, to be given after | ||||||
2 | pronouncing the sentence, shall include the
following:
| ||||||
3 | "The purpose of this statement is to inform the public of | ||||||
4 | the actual period
of time this defendant is likely to spend in | ||||||
5 | prison as a result of this
sentence. The actual period of | ||||||
6 | prison time served is determined by the
statutes of Illinois | ||||||
7 | as applied to this sentence by the Illinois Department of
| ||||||
8 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
9 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
10 | sentence credit for
each month of his or her sentence of | ||||||
11 | imprisonment. Therefore, this defendant
will serve at least | ||||||
12 | 85% of his or her sentence. Assuming the defendant
receives 4 | ||||||
13 | 1/2 days credit for each month of his or her sentence, the | ||||||
14 | period
of estimated actual custody is ... years and ... | ||||||
15 | months. If the defendant,
because of his or her own misconduct | ||||||
16 | or failure to comply with the
institutional regulations | ||||||
17 | receives lesser credit, the actual time served in
prison will | ||||||
18 | be longer."
| ||||||
19 | When a sentence of imprisonment is imposed for first | ||||||
20 | degree murder and
the offense was committed on or after June | ||||||
21 | 19, 1998, the judge's statement,
to be given after pronouncing | ||||||
22 | the sentence, shall include the following:
| ||||||
23 | "The purpose of this statement is to inform the public of | ||||||
24 | the actual period
of time this defendant is likely to spend in | ||||||
25 | prison as a result of this
sentence. The actual period of | ||||||
26 | prison time served is determined by the
statutes of Illinois |
| |||||||
| |||||||
1 | as applied to this sentence by the Illinois Department
of | ||||||
2 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
3 | case, the
defendant is not entitled to sentence credit. | ||||||
4 | Therefore, this defendant
will serve 100% of his or her | ||||||
5 | sentence."
| ||||||
6 | When the sentencing order recommends placement in a | ||||||
7 | substance abuse program for any offense that results in | ||||||
8 | incarceration
in a Department of Corrections facility and the | ||||||
9 | crime was
committed on or after September 1, 2003 (the | ||||||
10 | effective date of Public Act
93-354), the judge's
statement, | ||||||
11 | in addition to any other judge's statement required under this
| ||||||
12 | Section, to be given after pronouncing the sentence, shall | ||||||
13 | include the
following:
| ||||||
14 | "The purpose of this statement is to inform the public of
| ||||||
15 | the actual period of time this defendant is likely to spend in
| ||||||
16 | prison as a result of this sentence. The actual period of
| ||||||
17 | prison time served is determined by the statutes of Illinois | ||||||
18 | as
applied to this sentence by the Illinois Department of
| ||||||
19 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
20 | case, the defendant shall receive no earned sentence credit | ||||||
21 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
22 | she participates in and completes a substance abuse treatment | ||||||
23 | program or receives a waiver from the Director of Corrections | ||||||
24 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
25 | (c-4) Before the sentencing hearing and as part of the | ||||||
26 | presentence investigation under Section 5-3-1, the court shall |
| |||||||
| |||||||
1 | inquire of the defendant whether the defendant is currently | ||||||
2 | serving in or is a veteran of the Armed Forces of the United | ||||||
3 | States.
If the defendant is currently serving in the Armed | ||||||
4 | Forces of the United States or is a veteran of the Armed Forces | ||||||
5 | of the United States and has been diagnosed as having a mental | ||||||
6 | illness by a qualified psychiatrist or clinical psychologist | ||||||
7 | or 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 | ||||||
21 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
22 | to practice medicine in all its branches, who has specialized | ||||||
23 | in the diagnosis and treatment of mental and nervous disorders | ||||||
24 | for a period of not less than 5 years. | ||||||
25 | (c-6) In imposing a sentence, the trial judge shall | ||||||
26 | specify, on the record, the particular evidence and other |
| |||||||
| |||||||
1 | reasons which led to his or her determination that a motor | ||||||
2 | vehicle was used in the commission of the offense. | ||||||
3 | (d) When the defendant is committed to the Department of
| ||||||
4 | Corrections, the State's Attorney shall and counsel for the | ||||||
5 | defendant
may file a statement with the clerk of the court to | ||||||
6 | be transmitted to
the department, agency or institution to | ||||||
7 | which the defendant is
committed to furnish such department, | ||||||
8 | agency or institution with the
facts and circumstances of the | ||||||
9 | offense for which the person was
committed together with all | ||||||
10 | other factual information accessible to them
in regard to the | ||||||
11 | person prior to his commitment relative to his habits,
| ||||||
12 | associates, disposition and reputation and any other facts and
| ||||||
13 | circumstances which may aid such department, agency or | ||||||
14 | institution
during its custody of such person. The clerk shall | ||||||
15 | within 10 days after
receiving any such statements transmit a | ||||||
16 | copy to such department, agency
or institution and a copy to | ||||||
17 | the other party, provided, however, that
this shall not be | ||||||
18 | cause for delay in conveying the person to the
department, | ||||||
19 | agency or institution to which he has been committed.
| ||||||
20 | (e) The clerk of the court shall transmit to the | ||||||
21 | department,
agency or institution, if any, to which the | ||||||
22 | defendant 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;
|
| |||||||
| |||||||
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 | ||||||
25 | was used in the commission of the offense for which the | ||||||
26 | defendant is being sentenced, the clerk of the court shall, |
| |||||||
| |||||||
1 | within 5 days thereafter, forward a report of such conviction | ||||||
2 | to the Secretary of State. | ||||||
3 | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; | ||||||
4 | 100-961, eff. 1-1-19; revised 10-3-18; 101-652.) | ||||||
5 | Section 1-340. The Open Meetings Act is amended by | ||||||
6 | changing 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 | ||||||
10 | be open to the public unless excepted in subsection (c)
and | ||||||
11 | closed in accordance with Section 2a.
| ||||||
12 | (b) Construction of exceptions. The exceptions contained | ||||||
13 | in subsection
(c) are in derogation of the requirement that | ||||||
14 | public bodies
meet in the open, and therefore, the exceptions | ||||||
15 | are to be strictly
construed, extending only to subjects | ||||||
16 | clearly within their scope.
The exceptions authorize but do | ||||||
17 | not require the holding of
a closed meeting to discuss a | ||||||
18 | subject included within an enumerated exception.
| ||||||
19 | (c) Exceptions. A public body may hold closed meetings to | ||||||
20 | consider 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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | (d) Definitions. For purposes of this Section:
| ||||||
2 | "Employee" means a person employed by a public body whose | ||||||
3 | relationship
with the public body constitutes an | ||||||
4 | employer-employee relationship under
the usual common law | ||||||
5 | rules, and who is not an independent contractor.
| ||||||
6 | "Public office" means a position created by or under the
| ||||||
7 | Constitution or laws of this State, the occupant of which is | ||||||
8 | charged with
the exercise of some portion of the sovereign | ||||||
9 | power of this State. The term
"public office" shall include | ||||||
10 | members of the public body, but it shall not
include | ||||||
11 | organizational positions filled by members thereof, whether
| ||||||
12 | established by law or by a public body itself, that exist to | ||||||
13 | assist the
body in the conduct of its business.
| ||||||
14 | "Quasi-adjudicative body" means an administrative body | ||||||
15 | charged by law or
ordinance with the responsibility to conduct | ||||||
16 | hearings, receive evidence or
testimony and make | ||||||
17 | determinations based
thereon, but does not include
local | ||||||
18 | electoral boards when such bodies are considering petition | ||||||
19 | challenges.
| ||||||
20 | (e) Final action. No final action may be taken at a closed | ||||||
21 | meeting.
Final action shall be preceded by a public recital of | ||||||
22 | the nature of the
matter being considered and other | ||||||
23 | information that will inform the
public of the business being | ||||||
24 | conducted.
| ||||||
25 | (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; | ||||||
26 | 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. |
| |||||||
| |||||||
1 | 8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.) | ||||||
2 | Section 1-345. The Freedom of Information Act is amended | ||||||
3 | by 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 | ||||||
8 | record that contains information that is exempt from | ||||||
9 | disclosure under this Section, but also contains information | ||||||
10 | that is not exempt from disclosure, the public body may elect | ||||||
11 | to redact the information that is exempt. The public body | ||||||
12 | shall make the remaining information available for inspection | ||||||
13 | and copying. Subject to this requirement, the following shall | ||||||
14 | be 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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
20 | Judicial Privacy Act shall be redacted from public records | ||||||
21 | prior to disclosure under this Act. | ||||||
22 | (2) A public record that is not in the possession of a | ||||||
23 | public body but is in the possession of a party with whom the | ||||||
24 | agency has contracted to perform a governmental function on | ||||||
25 | behalf of the public body, and that directly relates to the | ||||||
26 | governmental function and is not otherwise exempt under this |
| |||||||
| |||||||
1 | Act, shall be considered a public record of the public body, | ||||||
2 | for purposes of this Act. | ||||||
3 | (3) This Section does not authorize withholding of | ||||||
4 | information or limit the
availability of records to the | ||||||
5 | public, except as stated in this Section or
otherwise provided | ||||||
6 | in this Act.
| ||||||
7 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
8 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
9 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
10 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
11 | 102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised | ||||||
12 | 12-13-22.) | ||||||
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 | ||||||
16 | record that contains information that is exempt from | ||||||
17 | disclosure under this Section, but also contains information | ||||||
18 | that is not exempt from disclosure, the public body may elect | ||||||
19 | to redact the information that is exempt. The public body | ||||||
20 | shall make the remaining information available for inspection | ||||||
21 | and copying. Subject to this requirement, the following shall | ||||||
22 | be 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.
|
| |||||||
| |||||||
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:
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | Judicial Privacy Act shall be redacted from public records | ||||||
2 | prior to disclosure under this Act. | ||||||
3 | (2) A public record that is not in the possession of a | ||||||
4 | public body but is in the possession of a party with whom the | ||||||
5 | agency has contracted to perform a governmental function on | ||||||
6 | behalf of the public body, and that directly relates to the | ||||||
7 | governmental function and is not otherwise exempt under this | ||||||
8 | Act, shall be considered a public record of the public body, | ||||||
9 | for purposes of this Act. | ||||||
10 | (3) This Section does not authorize withholding of | ||||||
11 | information or limit the
availability of records to the | ||||||
12 | public, except as stated in this Section or
otherwise provided | ||||||
13 | in this Act.
| ||||||
14 | (Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20; | ||||||
15 | 101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff. | ||||||
16 | 6-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752, | ||||||
17 | eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23; | ||||||
18 | 102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff. | ||||||
19 | 6-10-22; revised 12-13-22.)
| ||||||
20 | (5 ILCS 140/7.5)
| ||||||
21 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
22 | by the statutes referenced below, the following shall be | ||||||
23 | exempt from inspection and copying: | ||||||
24 | (a) All information determined to be confidential | ||||||
25 | under Section 4002 of the Technology Advancement and |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
13 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
14 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
15 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
16 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
17 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
18 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
19 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
20 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.) | ||||||
21 | Section 1-350. The State Employee Indemnification Act is | ||||||
22 | amended 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:
|
| |||||||
| |||||||
1 | (a) The term "State" means the State of Illinois, the | ||||||
2 | General
Assembly, the court, or any State office, department, | ||||||
3 | division, bureau,
board, commission, or committee, the | ||||||
4 | governing boards of the public
institutions of higher | ||||||
5 | education created by the State, the Illinois
National Guard, | ||||||
6 | the Illinois State Guard, the Comprehensive Health Insurance | ||||||
7 | Board, any poison control
center designated under the Poison | ||||||
8 | Control System Act that receives State
funding, or any other | ||||||
9 | agency or instrumentality of the State. It
does not mean any | ||||||
10 | local public entity as that term is defined in Section
1-206 of | ||||||
11 | the Local Governmental and Governmental Employees Tort | ||||||
12 | Immunity
Act or a pension fund.
| ||||||
13 | (b) The term "employee" means: any present or former | ||||||
14 | elected or
appointed officer, trustee or employee of the | ||||||
15 | State, or of a pension
fund;
any present or former | ||||||
16 | commissioner or employee of the Executive Ethics
Commission or | ||||||
17 | of the Legislative Ethics Commission; any present or former
| ||||||
18 | Executive, Legislative, or Auditor General's Inspector | ||||||
19 | General; any present or
former employee of an Office of an | ||||||
20 | Executive, Legislative, or Auditor General's
Inspector | ||||||
21 | General; any present or former member of the Illinois National
| ||||||
22 | Guard
while on active duty; any present or former member of the | ||||||
23 | Illinois State
Guard
while on State active duty; individuals | ||||||
24 | or organizations who contract with the
Department of | ||||||
25 | Corrections, the Department of Juvenile Justice, the | ||||||
26 | Comprehensive Health Insurance Board, or the
Department of |
| |||||||
| |||||||
1 | Veterans' Affairs to provide services; individuals or
| ||||||
2 | organizations who contract with the Department of Human | ||||||
3 | Services (as
successor to the Department of Mental Health and | ||||||
4 | Developmental
Disabilities) to provide services including but | ||||||
5 | not limited to treatment and
other services for sexually | ||||||
6 | violent persons; individuals or organizations who
contract | ||||||
7 | with the Department of
Military
Affairs for youth programs; | ||||||
8 | individuals or
organizations who contract to perform carnival | ||||||
9 | and amusement ride safety
inspections for the Department of | ||||||
10 | Labor; individuals who contract with the Office of the State's | ||||||
11 | Attorneys Appellate Prosecutor to provide legal services, but | ||||||
12 | only when performing duties within the scope of the Office's | ||||||
13 | prosecutorial activities; individual representatives of or
| ||||||
14 | designated organizations authorized to represent the Office of | ||||||
15 | State Long-Term
Ombudsman for the Department on Aging; | ||||||
16 | individual representatives of or
organizations designated by | ||||||
17 | the Department on Aging in the performance of their
duties as | ||||||
18 | adult protective services agencies or regional administrative | ||||||
19 | agencies
under the Adult Protective Services Act; individuals | ||||||
20 | or organizations appointed as members of a review team or the | ||||||
21 | Advisory Council under the Adult Protective Services Act; | ||||||
22 | individuals or organizations who perform
volunteer services | ||||||
23 | for the State where such volunteer relationship is reduced
to | ||||||
24 | writing; individuals who serve on any public entity (whether | ||||||
25 | created by law
or administrative action) described in | ||||||
26 | paragraph (a) of this Section; individuals or not for profit |
| |||||||
| |||||||
1 | organizations who, either as volunteers, where
such volunteer | ||||||
2 | relationship is reduced to writing, or pursuant to contract,
| ||||||
3 | furnish professional advice or consultation to any agency or | ||||||
4 | instrumentality of
the State; individuals who serve as foster | ||||||
5 | parents for the Department of
Children and Family Services | ||||||
6 | when caring for youth in care as defined in Section 4d of the | ||||||
7 | Children and Family Services Act; individuals who serve as | ||||||
8 | members of an independent team of experts under the | ||||||
9 | Developmental Disability and Mental Health Safety Act (also | ||||||
10 | known as Brian's Law); and individuals
who serve as | ||||||
11 | arbitrators pursuant to Part 10A of
Article II of the Code of | ||||||
12 | Civil Procedure and the rules of the Supreme Court
| ||||||
13 | implementing Part 10A, each as now or hereafter amended; the | ||||||
14 | members of the Certification Review Panel under the Illinois | ||||||
15 | Police Training Act; the term "employee" does not mean an
| ||||||
16 | independent contractor except as provided in this Section. The | ||||||
17 | term includes an
individual appointed as an inspector by the | ||||||
18 | Director of the Illinois State Police when
performing duties | ||||||
19 | within the scope of the activities of a Metropolitan
| ||||||
20 | Enforcement Group or a law enforcement organization | ||||||
21 | established under the
Intergovernmental Cooperation Act. An | ||||||
22 | individual who renders professional
advice and consultation to | ||||||
23 | the State through an organization which qualifies as
an | ||||||
24 | "employee" under the Act is also an employee. The term | ||||||
25 | includes the estate
or personal representative of an employee.
| ||||||
26 | (c) The term "pension fund" means a retirement system or |
| |||||||
| |||||||
1 | pension
fund created under the Illinois Pension Code.
| ||||||
2 | (Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22; | ||||||
3 | 102-538, eff. 8-20-21; revised 10-6-21.)
| ||||||
4 | Section 1-355. The Personnel Code is amended by changing | ||||||
5 | Section 4c as follows: | ||||||
6 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
7 | Sec. 4c. General exemptions. The following positions in | ||||||
8 | State
service shall be exempt from jurisdictions A, B, and C, | ||||||
9 | unless the
jurisdictions shall be extended as provided in this | ||||||
10 | Act:
| ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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; | ||||||
26 | 102-538, eff. 8-20-21; 102-783, eff. 5-13-22; 102-813, eff. |
| |||||||
| |||||||
1 | 5-13-22.)
| ||||||
2 | Section 1-360. The Department of State Police Law of the
| ||||||
3 | Civil Administrative Code of Illinois is amended by changing | ||||||
4 | Section 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 | ||||||
7 | Division
of Internal Investigation shall have jurisdiction and | ||||||
8 | initiate internal Illinois State Police
investigations and, at | ||||||
9 | the direction of the Governor,
investigate
complaints and | ||||||
10 | initiate investigations of official misconduct by State | ||||||
11 | officers
and all State employees. Notwithstanding any other | ||||||
12 | provisions of law, the Division shall serve as the | ||||||
13 | investigative body for the Illinois State Police for purposes | ||||||
14 | of compliance with the provisions of Sections 12.6 and 12.7 of | ||||||
15 | this Act.
| ||||||
16 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
17 | revised 10-4-21.)
| ||||||
18 | Section 1-365. The State Police Act is amended by changing | ||||||
19 | Sections 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 | ||||||
22 | and consent of
the Senate, an Illinois State Police Merit |
| |||||||
| |||||||
1 | Board, hereinafter called
the Board, consisting of 7 5 members | ||||||
2 | to hold office . The Governor shall appoint new board members | ||||||
3 | within 30 days for the vacancies created under this amendatory | ||||||
4 | Act. Board members shall be appointed to four-year terms. No | ||||||
5 | member shall be appointed to more than 2 terms. In making the | ||||||
6 | appointments, the Governor shall make a good faith effort to | ||||||
7 | appoint members reflecting the geographic, ethic, and cultural | ||||||
8 | diversity of this State. In making the appointments, the | ||||||
9 | Governor should also consider appointing: persons with | ||||||
10 | professional backgrounds, possessing legal, management, | ||||||
11 | personnel, or labor experience; at least one member with at | ||||||
12 | least 10 years of experience as a licensed physician or | ||||||
13 | clinical psychologist with expertise in mental health; and at | ||||||
14 | least one member affiliated
with an organization commitment to | ||||||
15 | social and economic rights and to eliminating discrimination. | ||||||
16 | , one until the third
Monday in March, 1951, one until the | ||||||
17 | third Monday in March, 1953, and
one until the third Monday in | ||||||
18 | March, 1955, and until their respective
successors are | ||||||
19 | appointed and qualified. One of the members added by this
| ||||||
20 | amendatory Act of 1977 shall serve a term expiring on the third | ||||||
21 | Monday
in March, 1980, and until his successor is appointed | ||||||
22 | and qualified, and
one shall serve a term expiring on the third | ||||||
23 | Monday in March, 1982, and
until his successor is appointed | ||||||
24 | and qualified. Upon the expiration of
the terms of office of | ||||||
25 | those first appointed, their respective
successors shall be | ||||||
26 | appointed to hold office from the third Monday in
March of the |
| |||||||
| |||||||
1 | year of their respective appointments for a term of six
years | ||||||
2 | and until their successors are appointed and qualified for a | ||||||
3 | like
term . No more than 4 3 members of the Board shall be | ||||||
4 | affiliated with the
same political party. If the Senate is not | ||||||
5 | in session at the time initial
appointments are made pursuant | ||||||
6 | to this Section section , the Governor shall make
temporary | ||||||
7 | appointments as in the case of a vacancy. In order to avoid | ||||||
8 | actual conflicts of interest, or the appearance of conflicts | ||||||
9 | of interest, no board member shall be a retired or former | ||||||
10 | employee of the Illinois State Police. When a Board member may | ||||||
11 | have an actual, perceived, or potential conflict of interest | ||||||
12 | that could prevent the Board member from making a fair and | ||||||
13 | impartial decision on a complaint or formal complaint against | ||||||
14 | an Illinois State Police officer, the Board member shall | ||||||
15 | recuse himself or herself; or If the Board member fails to | ||||||
16 | recuse himself or herself, then the Board may, by a simple | ||||||
17 | majority, vote to recuse the Board member.
| ||||||
18 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
19 | revised 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 | ||||||
22 | and technical staff
assistants, not to exceed fifteen, as may | ||||||
23 | be necessary to enable the Board
to transact its business and, | ||||||
24 | if the rate of compensation is not otherwise
fixed by law, to | ||||||
25 | fix their compensation. In order to avoid actual conflicts of |
| |||||||
| |||||||
1 | interest, or the appearance of conflicts of interest, no | ||||||
2 | employee, contractor, clerical or technical staff shall be a | ||||||
3 | retired or former employee of the Illinois State Police. All | ||||||
4 | employees 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 | ||||||
9 | certification for
appointment and promotion, and over the | ||||||
10 | discipline, removal, demotion , and
suspension of Illinois | ||||||
11 | State Police officers.
The Board and the Illinois State Police | ||||||
12 | should also ensure Illinois State Police cadets and officers | ||||||
13 | represent the utmost integrity and professionalism and | ||||||
14 | represent the geographic, ethnic, and cultural diversity of | ||||||
15 | this State. The Board shall also exercise jurisdiction to | ||||||
16 | certify and terminate Illinois State Police Officers in | ||||||
17 | compliance with certification standards consistent with | ||||||
18 | Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
| ||||||
19 | merit principles of public employment, the Board shall | ||||||
20 | formulate, adopt,
and put into effect rules, regulations , and | ||||||
21 | procedures for its operation
and the transaction of its | ||||||
22 | business. The Board shall establish a classification
of ranks | ||||||
23 | of persons subject to its jurisdiction and shall set standards
| ||||||
24 | and qualifications for each rank. Each Illinois State Police | ||||||
25 | officer
appointed by the Director shall be classified as a |
| |||||||
| |||||||
1 | State Police officer
as follows: trooper, sergeant, master | ||||||
2 | sergeant, lieutenant,
captain,
major, or Special
Agent.
| ||||||
3 | (b) The Board shall publish all standards and | ||||||
4 | qualifications for each rank, including Cadet, on its website. | ||||||
5 | This shall include, but not be limited to, all physical | ||||||
6 | fitness, medical, visual, and hearing standards. The Illinois | ||||||
7 | State Police shall cooperate with the Board by providing any | ||||||
8 | necessary information to complete this requirement. | ||||||
9 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
10 | revised 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 | ||||||
14 | appointment of
Illinois State Police officers shall be made | ||||||
15 | from those applicants who
have been certified by the Board as | ||||||
16 | being qualified for appointment. All
persons so appointed | ||||||
17 | shall, at the time of their appointment, be not less than
21 | ||||||
18 | years of age, or 20 years of age and have successfully | ||||||
19 | completed an associate's degree or 60 credit hours at an | ||||||
20 | accredited college or university. Any person
appointed | ||||||
21 | subsequent to successful completion of an associate's degree | ||||||
22 | or 60 credit hours at an accredited college or university | ||||||
23 | shall not have power of arrest, nor shall he or she be | ||||||
24 | permitted
to carry firearms, until he or she reaches 21 years | ||||||
25 | of age. In addition,
all persons so certified for appointment |
| |||||||
| |||||||
1 | shall be of sound mind and body, be of
good moral character, be | ||||||
2 | citizens of the United States, have no criminal
records, | ||||||
3 | possess such prerequisites of training, education, and | ||||||
4 | experience as
the Board may from time to time prescribe so long | ||||||
5 | as persons who have an associate's degree or 60 credit hours at | ||||||
6 | an accredited college or university are not disqualified, and | ||||||
7 | shall be required to pass
successfully such mental and | ||||||
8 | physical tests and examinations as may be
prescribed by the | ||||||
9 | Board. All persons who meet one of the following requirements | ||||||
10 | are deemed to have met the collegiate educational | ||||||
11 | requirements: | ||||||
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 |
| |||||||
| |||||||
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 | ||||||
5 | who have honorably served in the military or naval services of | ||||||
6 | the
United States. All appointees shall serve a probationary | ||||||
7 | period of 12 months
from the date of appointment and during | ||||||
8 | that period may be discharged at the
will of the Director. | ||||||
9 | However, the Director may in his or her sole discretion
extend | ||||||
10 | the probationary period of an officer up to an additional 6 | ||||||
11 | months when
to do so is deemed in the best interest of the | ||||||
12 | Illinois State Police. Nothing in this subsection (a) limits | ||||||
13 | the Board's ability to prescribe education prerequisites or | ||||||
14 | requirements to certify Illinois State Police officers for | ||||||
15 | promotion as provided in Section 10 of this Act.
| ||||||
16 | (b) Notwithstanding the other provisions of this Act, | ||||||
17 | after July 1,
1977 and before July 1, 1980, the Director of | ||||||
18 | State Police may appoint and
promote not more than 20 persons | ||||||
19 | having special qualifications as special
agents as he or she | ||||||
20 | deems necessary to carry out the Department's objectives. Any
| ||||||
21 | such appointment or promotion shall be ratified by the Board.
| ||||||
22 | (c) During the 90 days following March 31, 1995 (the | ||||||
23 | effective date of Public Act 89-9), the Director of State | ||||||
24 | Police may appoint up to 25 persons as State
Police officers. | ||||||
25 | These appointments shall be made in accordance with the
| ||||||
26 | requirements of this subsection (c) and any additional |
| |||||||
| |||||||
1 | criteria that may be
established by the Director, but are not | ||||||
2 | subject to any other requirements of
this Act. The Director | ||||||
3 | may specify the initial rank for each person appointed
under | ||||||
4 | this subsection.
| ||||||
5 | All appointments under this subsection (c) shall be made | ||||||
6 | from personnel
certified by the Board. A person certified by | ||||||
7 | the Board and appointed by the
Director under this subsection | ||||||
8 | must have been employed by the Illinois Commerce
Commission on | ||||||
9 | November 30, 1994 in a job title
subject to the Personnel Code | ||||||
10 | and in a position for which the person was
eligible to earn | ||||||
11 | "eligible creditable service" as a "noncovered employee", as
| ||||||
12 | those terms are defined in Article 14 of the Illinois Pension | ||||||
13 | Code.
| ||||||
14 | Persons appointed under this subsection (c) shall | ||||||
15 | thereafter be subject to
the same requirements and procedures | ||||||
16 | as other State police officers. A person
appointed under this | ||||||
17 | subsection must serve a probationary period of 12 months
from | ||||||
18 | the date of appointment, during which he or she may be | ||||||
19 | discharged at the
will of the Director.
| ||||||
20 | This subsection (c) does not affect or limit the | ||||||
21 | Director's authority to
appoint other State Police officers | ||||||
22 | under subsection (a) of this Section. | ||||||
23 | (d) During the 180 days following January 1, 2022 (the | ||||||
24 | effective date of Public Act 101-652), the Director of the | ||||||
25 | Illinois State Police may appoint current Illinois State | ||||||
26 | Police employees serving in law enforcement officer positions |
| |||||||
| |||||||
1 | previously within Central Management Services as State Police | ||||||
2 | officers. These appointments shall be made in accordance with | ||||||
3 | the requirements of this subsection (d) and any institutional | ||||||
4 | criteria that may be established by the Director, but are not | ||||||
5 | subject to any other requirements of this Act.
All | ||||||
6 | appointments under this subsection (d) shall be made from | ||||||
7 | personnel certified by the Board. A person certified by the | ||||||
8 | Board and appointed by the Director under this subsection must | ||||||
9 | have been employed by the a State agency, board, or commission | ||||||
10 | on January 1, 2021 in a job title subject to the Personnel Code | ||||||
11 | and in a position for which the person was eligible to earn | ||||||
12 | "eligible creditable service" as a "noncovered employee", as | ||||||
13 | those terms are defined in Article 14 of the Illinois Pension | ||||||
14 | Code.
Persons appointed under this subsection (d) shall | ||||||
15 | thereafter be subject to the same requirements, and subject to | ||||||
16 | the same contractual benefits and obligations, as other State | ||||||
17 | police officers.
This subsection (d) does not affect or limit | ||||||
18 | the Director's authority to appoint other State Police | ||||||
19 | officers under subsection (a) of this Section. | ||||||
20 | (e) The Merit Board shall review Illinois State Police | ||||||
21 | Cadet applicants. The Illinois State Police may provide | ||||||
22 | background check and investigation material to the Board for | ||||||
23 | its review
pursuant to this Section. The Board shall approve | ||||||
24 | and ensure that no cadet applicant is certified unless the | ||||||
25 | applicant is a person of good character and has not been | ||||||
26 | convicted of, or entered a plea of guilty to, a felony offense, |
| |||||||
| |||||||
1 | any of the misdemeanors specified in this Section or if | ||||||
2 | committed in any other state would be an offense similar to | ||||||
3 | Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, | ||||||
4 | 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, | ||||||
5 | 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
6 | violation of any Section of Part E of Title III of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of | ||||||
8 | the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
9 | subsection (a) of Section 17-32 of the Criminal Code of 1961 or | ||||||
10 | the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis | ||||||
11 | Control Act, or any felony or misdemeanor in violation of | ||||||
12 | federal law or the law of any state that is the equivalent of | ||||||
13 | any of the offenses specified therein. The Officer | ||||||
14 | Professional Conduct Database, provided for in Section 9.2 of | ||||||
15 | the Illinois Police Training Act, shall be searched as part of | ||||||
16 | this process. For purposes of this Section, "convicted of, or | ||||||
17 | entered a plea of guilty" regardless of whether the | ||||||
18 | adjudication of guilt or sentence is withheld or not entered | ||||||
19 | thereon. This includes sentences of supervision, conditional | ||||||
20 | discharge, or first offender probation, or any similar | ||||||
21 | disposition provided for by law. | ||||||
22 | (f) The Board shall by rule establish an application fee | ||||||
23 | waiver program for any person who meets one or more of the | ||||||
24 | following criteria: | ||||||
25 | (1) his or her available personal income is 200% or | ||||||
26 | less of the current poverty level; or |
| |||||||
| |||||||
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; | ||||||
6 | 102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff. | ||||||
7 | 5-13-22; 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 | ||||||
16 | repealing 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 | ||||||
18 | by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10, | ||||||
19 | 10.1, 10.2, 10.3, 10.7, 10.11, 10.18, 10.19, and 10.20 as | ||||||
20 | follows:
| ||||||
21 | (50 ILCS 705/2) (from Ch. 85, par. 502)
| ||||||
22 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
23 | context otherwise
requires:
|
| |||||||
| |||||||
1 | "Board" means the Illinois Law Enforcement Training | ||||||
2 | Standards Board.
| ||||||
3 | "Local governmental agency" means any local governmental | ||||||
4 | unit or
municipal corporation in this State. It does not | ||||||
5 | include the State of
Illinois or any office, officer, | ||||||
6 | department, division, bureau, board,
commission, or agency of | ||||||
7 | the State, except that it does include a
State-controlled | ||||||
8 | university, college or public community college.
| ||||||
9 | "Police training school" means any school located within | ||||||
10 | the State of
Illinois whether privately or publicly owned | ||||||
11 | which offers a course in
police or county corrections training | ||||||
12 | and has been approved by the Board.
| ||||||
13 | "Probationary police officer" means a recruit law | ||||||
14 | enforcement officer
required to successfully complete initial | ||||||
15 | minimum basic training requirements
at a police training | ||||||
16 | school to be eligible for permanent full-time
employment as a | ||||||
17 | local law enforcement officer.
| ||||||
18 | "Probationary part-time police officer" means a recruit | ||||||
19 | part-time law
enforcement officer required to successfully | ||||||
20 | complete initial minimum part-time
training requirements to be | ||||||
21 | eligible for employment on a part-time basis as a
local law | ||||||
22 | enforcement officer.
| ||||||
23 | "Permanent police officer" means a law enforcement officer | ||||||
24 | who has
completed his or her probationary period and is | ||||||
25 | permanently employed on a
full-time basis as a local law | ||||||
26 | enforcement officer by a participating local
governmental unit |
| |||||||
| |||||||
1 | or as a security officer or campus policeman permanently
| ||||||
2 | employed by a participating State-controlled university, | ||||||
3 | college, or public
community college.
| ||||||
4 | "Part-time police officer" means a law enforcement officer | ||||||
5 | who has
completed his or her probationary period and is | ||||||
6 | employed on a part-time basis
as a law enforcement officer by a | ||||||
7 | participating unit of local government or as
a campus | ||||||
8 | policeman by a participating State-controlled university, | ||||||
9 | college, or
public community college.
| ||||||
10 | "Law enforcement officer" means (i) any police officer of | ||||||
11 | a local governmental
agency who is primarily responsible for
| ||||||
12 | prevention or detection of crime and the enforcement of the | ||||||
13 | criminal code,
traffic, or highway laws of this State or any | ||||||
14 | political subdivision
of this State or (ii) any member of a | ||||||
15 | police force appointed and maintained as provided in Section 2 | ||||||
16 | of the Railroad Police Act.
| ||||||
17 | "Recruit" means any full-time or part-time law
enforcement | ||||||
18 | officer or
full-time
county corrections officer who is | ||||||
19 | enrolled in an
approved training course.
| ||||||
20 | "Probationary county corrections officer" means a recruit | ||||||
21 | county
corrections officer required to successfully complete | ||||||
22 | initial minimum basic
training requirements at a police | ||||||
23 | training school to be eligible for permanent
employment on a | ||||||
24 | full-time basis as a county corrections officer.
| ||||||
25 | "Permanent county corrections officer" means a county | ||||||
26 | corrections
officer who has completed his probationary period |
| |||||||
| |||||||
1 | and is permanently employed
on a full-time basis as a county | ||||||
2 | corrections officer by a participating
local governmental | ||||||
3 | unit.
| ||||||
4 | "County corrections officer" means any sworn
officer of | ||||||
5 | the sheriff who is primarily responsible for the control and | ||||||
6 | custody
of offenders, detainees or inmates.
| ||||||
7 | "Probationary court security officer" means a recruit | ||||||
8 | court security
officer required to successfully complete | ||||||
9 | initial minimum basic training
requirements at a designated | ||||||
10 | training school to be eligible for employment as a
court | ||||||
11 | security officer.
| ||||||
12 | "Permanent court security officer" means a court security | ||||||
13 | officer who has
completed his or her probationary period and | ||||||
14 | is employed as a court
security officer by a participating | ||||||
15 | local governmental unit.
| ||||||
16 | "Court security officer" has the meaning ascribed to it in | ||||||
17 | Section 3-6012.1
of the Counties Code. | ||||||
18 | "Board" means the Illinois Law Enforcement Training | ||||||
19 | Standards Board.
| ||||||
20 | "Full-time law enforcement officer" means a law | ||||||
21 | enforcement officer who has completed the officer's | ||||||
22 | probationary period and is employed on a full-time basis as a | ||||||
23 | law enforcement officer by a local government agency, State | ||||||
24 | government agency, or as a campus police officer by a | ||||||
25 | university, college, or community college. | ||||||
26 | "Law Enforcement agency" means any entity with statutory |
| |||||||
| |||||||
1 | police powers and the ability to employ individuals authorized | ||||||
2 | to make arrests. It does not include the Illinois State Police | ||||||
3 | as defined in the State Police Act. A law enforcement agency | ||||||
4 | may include any university, college, or community college. | ||||||
5 | "Local law enforcement agency" means any law enforcement | ||||||
6 | unit of government or
municipal corporation in this State. It | ||||||
7 | does not include the State of
Illinois or any office, officer, | ||||||
8 | department, division, bureau, board,
commission, or agency of | ||||||
9 | the State, except that it does include a
State-controlled | ||||||
10 | university, college or public community college.
| ||||||
11 | "State law enforcement agency" means any law enforcement | ||||||
12 | agency of this State. This includes any office, officer, | ||||||
13 | department, division, bureau, board, commission, or agency of | ||||||
14 | the State. It does not include the Illinois State Police as | ||||||
15 | defined in the State Police Act. | ||||||
16 | "Panel" means the Certification Review Panel. | ||||||
17 | "Basic training school" means any school located within | ||||||
18 | the State of
Illinois whether privately or publicly owned | ||||||
19 | which offers a course in basic law enforcement
or county | ||||||
20 | corrections training and has been approved by the Board.
| ||||||
21 | "Probationary police officer" means a recruit law | ||||||
22 | enforcement officer
required to successfully complete initial | ||||||
23 | minimum basic training requirements
at a basic training school | ||||||
24 | to be eligible for permanent full-time
employment as a local | ||||||
25 | law enforcement officer.
| ||||||
26 | "Probationary part-time police officer" means a recruit |
| |||||||
| |||||||
1 | part-time law
enforcement officer required to successfully | ||||||
2 | complete initial minimum part-time
training requirements to be | ||||||
3 | eligible for employment on a part-time basis as a
local law | ||||||
4 | enforcement officer.
| ||||||
5 | "Permanent law enforcement officer" means a law | ||||||
6 | enforcement officer who has
completed the officer's | ||||||
7 | probationary period and is permanently employed on a
full-time | ||||||
8 | basis as a local law enforcement officer, as a security | ||||||
9 | officer, or campus police officer permanently
employed by a | ||||||
10 | law enforcement agency.
| ||||||
11 | "Part-time law enforcement officer" means a law | ||||||
12 | enforcement officer who has
completed the officer's | ||||||
13 | probationary period and is employed on a part-time basis
as a | ||||||
14 | law enforcement officer or as
a campus police officer by a law | ||||||
15 | enforcement agency.
| ||||||
16 | "Law enforcement officer" means (i) any police officer of | ||||||
17 | a law enforcement
agency who is primarily responsible for
| ||||||
18 | prevention or detection of crime and the enforcement of the | ||||||
19 | criminal code,
traffic, or highway laws of this State or any | ||||||
20 | political subdivision
of this State or (ii) any member of a | ||||||
21 | police force appointed and maintained as provided in Section 2 | ||||||
22 | of the Railroad Police Act.
| ||||||
23 | "Recruit" means any full-time or part-time law
enforcement | ||||||
24 | officer or
full-time
county corrections officer who is | ||||||
25 | enrolled in an
approved training course.
| ||||||
26 | "Review Committee" means the committee at the Board for |
| |||||||
| |||||||
1 | certification disciplinary cases in which the Panel, a law | ||||||
2 | enforcement officer, or a law enforcement agency may file for | ||||||
3 | reconsideration of a decertification decision made by the | ||||||
4 | Board. | ||||||
5 | "Probationary county corrections officer" means a recruit | ||||||
6 | county
corrections officer required to successfully complete | ||||||
7 | initial minimum basic
training requirements at a basic | ||||||
8 | training school to be eligible for permanent
employment on a | ||||||
9 | full-time basis as a county corrections officer.
| ||||||
10 | "Permanent county corrections officer" means a county | ||||||
11 | corrections
officer who has completed the officer's | ||||||
12 | probationary period and is permanently employed
on a full-time | ||||||
13 | basis as a county corrections officer by a participating law | ||||||
14 | enforcement agency.
| ||||||
15 | "County corrections officer" means any sworn
officer of | ||||||
16 | the sheriff who is primarily responsible for the control and | ||||||
17 | custody
of offenders, detainees or inmates.
| ||||||
18 | "Probationary court security officer" means a recruit | ||||||
19 | court security
officer required to successfully complete | ||||||
20 | initial minimum basic training
requirements at a designated | ||||||
21 | training school to be eligible for employment as a
court | ||||||
22 | security officer.
| ||||||
23 | "Permanent court security officer" means a court security | ||||||
24 | officer who has
completed the officer's probationary period | ||||||
25 | and is employed as a court
security officer by a participating | ||||||
26 | law enforcement agency.
|
| |||||||
| |||||||
1 | "Court security officer" has the meaning ascribed to it in | ||||||
2 | Section 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; | ||||||
6 | vacancies. | ||||||
7 | (a) The Board
shall be composed of 18 members selected as | ||||||
8 | follows: The Attorney
General of
the State of Illinois, the | ||||||
9 | Director of the Illinois State Police, the Director of
| ||||||
10 | Corrections, the Superintendent of the
Chicago Police | ||||||
11 | Department, the Sheriff of Cook County, the Clerk of the | ||||||
12 | Circuit Court of Cook County, who shall serve as ex officio | ||||||
13 | members, and the following
to be appointed by the Governor: 2 | ||||||
14 | mayors or village presidents of Illinois
municipalities, 2 | ||||||
15 | Illinois county sheriffs from counties other than Cook
County, | ||||||
16 | 2 managers of Illinois municipalities, 2 chiefs of municipal | ||||||
17 | police
departments in Illinois having no Superintendent of the | ||||||
18 | Police Department on
the Board, 2 citizens of Illinois who | ||||||
19 | shall be members of
an organized enforcement officers' | ||||||
20 | association, one active member of a statewide association | ||||||
21 | representing sheriffs, and one active member of a statewide | ||||||
22 | association representing municipal police chiefs. The | ||||||
23 | appointments of the Governor
shall be made on the first Monday | ||||||
24 | of August in 1965 with 3 of the appointments
to be for a period | ||||||
25 | of one year, 3 for 2 years, and 3 for 3 years. Their
successors |
| |||||||
| |||||||
1 | shall be appointed in like manner for terms to expire the first
| ||||||
2 | Monday of August each 3 years thereafter. All members shall | ||||||
3 | serve until their
respective successors are appointed and | ||||||
4 | qualify. Vacancies shall be filled by
the Governor for the | ||||||
5 | unexpired terms. Any ex officio member may appoint a designee | ||||||
6 | to the Board who shall have the same powers and immunities | ||||||
7 | otherwise conferred to the member of the Board, including the | ||||||
8 | power to vote and be counted toward quorum, so long as the | ||||||
9 | member is not in attendance. | ||||||
10 | (a-5) Within the Board is created a Review Committee. The | ||||||
11 | Review Committee shall review disciplinary cases in which the | ||||||
12 | Panel, the law enforcement officer, or the law enforcement | ||||||
13 | agency file for reconsideration of a decertification decision | ||||||
14 | made by the Board. The Review Committee shall be composed of 9 | ||||||
15 | annually rotating members from the Board appointed by the | ||||||
16 | Board Chairman. One member of the Review Committee shall be | ||||||
17 | designated by the Board Chairman as the Chair. The Review | ||||||
18 | Committee shall sit in 3 member panels composed of one member | ||||||
19 | representing law enforcement management, one member | ||||||
20 | representing members of law enforcement, and one member who is | ||||||
21 | not a current or former member of law enforcement. | ||||||
22 | (b) When a Board member may have an actual, perceived, or | ||||||
23 | potential conflict of interest or appearance of bias that | ||||||
24 | could prevent the Board member from making a fair and | ||||||
25 | impartial decision regarding decertification: | ||||||
26 | (1) The Board member shall recuse himself or herself. |
| |||||||
| |||||||
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, | ||||||
8 | but is not limited to, matters where one of the following is a | ||||||
9 | party to a decision on a decertification or formal complaint: | ||||||
10 | someone with whom the member has an employment relationship; | ||||||
11 | any of the following relatives: spouse, parents, children, | ||||||
12 | adopted children, legal wards, stepchildren, step parents, | ||||||
13 | step siblings, half siblings, siblings, parents-in-law, | ||||||
14 | siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||||||
15 | nephews; a friend; or a member of a professional organization, | ||||||
16 | association, or a union in which the member now actively | ||||||
17 | serves. | ||||||
18 | (c) A vacancy in members does not prevent a quorum of the | ||||||
19 | remaining sitting members from exercising all rights and | ||||||
20 | performing all duties of the Board. | ||||||
21 | (d) An individual serving on the Board shall not also | ||||||
22 | serve on the Panel.
| ||||||
23 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
24 | 102-694, eff. 1-7-22.)
| ||||||
25 | (50 ILCS 705/6) (from Ch. 85, par. 506)
|
| |||||||
| |||||||
1 | Sec. 6. Powers and duties of the Board; selection and | ||||||
2 | certification of schools. The Board shall select
and certify | ||||||
3 | schools within the State of
Illinois for the purpose of | ||||||
4 | providing basic training for probationary
police officers, | ||||||
5 | probationary county corrections officers, and
court security | ||||||
6 | officers and
of providing advanced or in-service training for | ||||||
7 | permanent police officers
or permanent
county corrections | ||||||
8 | officers, which schools may be either publicly or
privately | ||||||
9 | owned and operated. In addition, the Board has the following
| ||||||
10 | power 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 |
| |||||||
| |||||||
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. | ||||||
24 | The Board shall select
and certify schools within the State of
| ||||||
25 | Illinois for the purpose of providing basic training for | ||||||
26 | probationary law enforcement
officers, probationary county |
| |||||||
| |||||||
1 | corrections officers, and
court security officers and
of | ||||||
2 | providing advanced or in-service training for permanent law | ||||||
3 | enforcement officers
or permanent
county corrections officers, | ||||||
4 | which schools may be either publicly or
privately owned and | ||||||
5 | operated. In addition, the Board has the following
power and | ||||||
6 | duties:
| ||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, | ||||||
22 | Section 10-143, eff. 7-1-21; 101-652, Article 25, Section | ||||||
23 | 25-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff. | ||||||
24 | 1-7-22; 102-1115, eff. 1-9-23.) | ||||||
25 | (50 ILCS 705/6.1)
|
| |||||||
| |||||||
1 | Sec. 6.1. Decertification Automatic decertification of | ||||||
2 | full-time and part-time police law enforcement officers.
| ||||||
3 | (a) The Board must review police officer conduct and | ||||||
4 | records to ensure that
no
police officer is certified
or | ||||||
5 | provided a valid waiver if that police officer has been | ||||||
6 | convicted of, or entered a plea of guilty to, a
felony offense | ||||||
7 | under the laws of this
State or any other state which if | ||||||
8 | committed in this State would be punishable
as a felony. The | ||||||
9 | Board must also
ensure that no or officer is certified or | ||||||
10 | provided a valid waiver if that
police officer has been | ||||||
11 | convicted of, or entered a plea of guilty to, any misdemeanor
| ||||||
12 | specified in this Section or if
committed in any other state | ||||||
13 | would be an offense similar to Section 11-1.50, 11-6,
11-9.1, | ||||||
14 | 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, | ||||||
15 | 29-1, 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
Criminal
Code of | ||||||
16 | 1961 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 | ||||||
18 | the Criminal Code of 2012, or subsection (a) of Section 17-32 | ||||||
19 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
20 | to Section 5 or
5.2 of the Cannabis Control Act. The Board must | ||||||
21 | appoint investigators to
enforce the duties conferred upon the
| ||||||
22 | Board by this Act.
| ||||||
23 | (b) It is the responsibility of the sheriff or the chief | ||||||
24 | executive officer
of every
local law enforcement agency or | ||||||
25 | department within this State to report to the Board any | ||||||
26 | arrest,
conviction, or plea of guilty of any officer for an
|
| |||||||
| |||||||
1 | offense identified in this Section.
| ||||||
2 | (c) It is the duty and responsibility of every full-time | ||||||
3 | and part-time
police officer in this State to report to
the | ||||||
4 | Board within 30 days, and the officer's sheriff or chief | ||||||
5 | executive officer,
of his or her arrest, conviction, or plea | ||||||
6 | of guilty for
an offense identified in this Section. Any | ||||||
7 | full-time or part-time
police officer who knowingly makes, | ||||||
8 | submits,
causes to be submitted, or files a false or | ||||||
9 | untruthful report to the Board must
have his or her | ||||||
10 | certificate or waiver
immediately decertified or revoked.
| ||||||
11 | (d) Any person, or a local or State agency, or the Board is | ||||||
12 | immune from
liability for submitting,
disclosing, or releasing | ||||||
13 | information of arrests, convictions, or pleas of guilty in | ||||||
14 | this Section
as long as the information is
submitted, | ||||||
15 | disclosed, or released in good faith and without malice. The | ||||||
16 | Board
has qualified immunity for the
release of the | ||||||
17 | information.
| ||||||
18 | (e) Any full-time or part-time police officer with a | ||||||
19 | certificate or waiver
issued by the Board who is
convicted of, | ||||||
20 | or entered a plea of guilty to, any offense described in this | ||||||
21 | Section immediately becomes
decertified or no longer has a | ||||||
22 | valid
waiver. The decertification and invalidity of waivers | ||||||
23 | occurs as a matter of
law. Failure of a convicted person to
| ||||||
24 | report to the Board his or her conviction as described in this | ||||||
25 | Section or any
continued law enforcement practice
after | ||||||
26 | receiving a conviction is a Class 4 felony.
|
| |||||||
| |||||||
1 | (f) The Board's investigators are peace officers and have | ||||||
2 | all the powers
possessed by policemen in cities
and by | ||||||
3 | sheriffs, and these investigators may exercise those powers
| ||||||
4 | anywhere in the State.
An investigator shall not have peace | ||||||
5 | officer status or exercise police powers unless he or she | ||||||
6 | successfully completes the basic police training course | ||||||
7 | mandated and approved by the Board or the Board waives the | ||||||
8 | training requirement by reason of the investigator's prior law | ||||||
9 | enforcement experience, training, or both. The Board shall not | ||||||
10 | waive the training requirement unless the investigator has had | ||||||
11 | a minimum of 5 years experience as a sworn officer of a local, | ||||||
12 | State, or federal law enforcement agency.
| ||||||
13 | (g) The Board must request and receive information and | ||||||
14 | assistance from any
federal, state, or local
governmental | ||||||
15 | agency as part of the authorized criminal background
| ||||||
16 | investigation. The Illinois State Police must process, retain, | ||||||
17 | and
additionally
provide
and disseminate information to the | ||||||
18 | Board concerning criminal charges, arrests,
convictions, and | ||||||
19 | their disposition, that have
been filed against a basic | ||||||
20 | academy applicant, law enforcement
applicant, or law | ||||||
21 | enforcement officer whose fingerprint identification cards
are | ||||||
22 | on file or maintained by the Illinois State Police. The | ||||||
23 | Federal
Bureau
of
Investigation must provide the Board any | ||||||
24 | criminal history record information
contained in its files | ||||||
25 | pertaining to law
enforcement officers or any applicant to a | ||||||
26 | Board certified basic law
enforcement academy as described in |
| |||||||
| |||||||
1 | this Act
based on fingerprint identification. The Board must | ||||||
2 | make payment of fees to the
Illinois State Police for each
| ||||||
3 | fingerprint card submission in conformance with the | ||||||
4 | requirements of paragraph
22 of Section 55a of the Civil
| ||||||
5 | Administrative Code of Illinois.
| ||||||
6 | A police officer who has been certified or granted a valid | ||||||
7 | waiver
shall
also be decertified or have his or her waiver | ||||||
8 | revoked upon a determination by
the Illinois Labor Relations
| ||||||
9 | Board State Panel
that
he or she, while under oath, has | ||||||
10 | knowingly and willfully made false statements
as
to a material | ||||||
11 | fact going to an element of the offense of murder. If an appeal
| ||||||
12 | is 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 |
| |||||||
| |||||||
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 | ||||||
15 | Training
Standards Board determines that the verified | ||||||
16 | complaint warrants further
investigation, he or she shall | ||||||
17 | refer the matter to a task force of
investigators
created for | ||||||
18 | this purpose. This task force shall consist of 8 sworn police
| ||||||
19 | officers: 2
from the Illinois State Police, 2 from the City of | ||||||
20 | Chicago Police Department, 2
from county police departments, | ||||||
21 | and 2 from municipal police departments.
These investigators | ||||||
22 | shall have a minimum of 5 years of experience in conducting
| ||||||
23 | criminal investigations. The investigators shall be appointed | ||||||
24 | by the Executive
Director of the Illinois Law Enforcement | ||||||
25 | Training Standards Board. Any officer
or officers acting in | ||||||
26 | this capacity pursuant to this statutory provision will
have
|
| |||||||
| |||||||
1 | statewide police authority while acting in this investigative | ||||||
2 | capacity. Their
salaries
and expenses for the time spent | ||||||
3 | conducting investigations under this paragraph
shall be | ||||||
4 | reimbursed by the Illinois Law Enforcement Training Standards | ||||||
5 | Board.
| ||||||
6 |
Once the Executive Director of the Illinois Law | ||||||
7 | Enforcement Training
Standards Board has determined that an | ||||||
8 | investigation is warranted, the verified
complaint shall be | ||||||
9 | assigned to an investigator or investigators. The
investigator
| ||||||
10 | or investigators shall conduct an investigation of the | ||||||
11 | verified complaint and
shall
write a report of his or her | ||||||
12 | findings. This report shall be submitted to the
Executive | ||||||
13 | Director of the Illinois Labor Relations Board State Panel.
| ||||||
14 | Within 30 days, the Executive Director of the Illinois | ||||||
15 | Labor Relations Board
State Panel
shall review the | ||||||
16 | investigative report and determine whether sufficient evidence
| ||||||
17 | exists to
conduct an evidentiary hearing on the verified | ||||||
18 | complaint. If the Executive
Director of the Illinois Labor | ||||||
19 | Relations Board State Panel determines upon his
or
her review | ||||||
20 | of the investigatory report that a hearing should not be | ||||||
21 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
22 | in the Executive Director's sole
discretion, and this | ||||||
23 | dismissal may not be appealed.
| ||||||
24 | If the Executive Director of the Illinois Labor Relations | ||||||
25 | Board
State Panel
determines that there is sufficient evidence | ||||||
26 | to warrant a hearing, a hearing
shall
be ordered on the |
| |||||||
| |||||||
1 | verified complaint, to be conducted by an administrative law
| ||||||
2 | judge employed by the Illinois Labor Relations Board State | ||||||
3 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
4 | Board State Panel shall inform the
Executive Director of the | ||||||
5 | Illinois Law Enforcement Training Standards Board and
the | ||||||
6 | person who filed the complaint of either the dismissal of the | ||||||
7 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
8 | Executive Director shall assign the complaint to the
| ||||||
9 | administrative law judge within 30 days
of the
decision | ||||||
10 | granting a hearing. | ||||||
11 | In the case of a finding of guilt on the offense of murder, | ||||||
12 | if a new
trial
is
granted on direct appeal, or a state | ||||||
13 | post-conviction evidentiary hearing is
ordered, based on a | ||||||
14 | claim that a police officer, under oath, knowingly and
| ||||||
15 | willfully made false statements as to a material fact going to | ||||||
16 | an element of
the
offense of murder, the Illinois Labor | ||||||
17 | Relations Board State Panel shall hold a
hearing
to
determine | ||||||
18 | whether the officer should be decertified if an interested | ||||||
19 | party
requests such a hearing within 2 years of the court's | ||||||
20 | decision. The complaint
shall be assigned to an administrative | ||||||
21 | law judge within 30 days so that a
hearing can be scheduled.
| ||||||
22 | At the hearing, the accused officer shall be afforded the | ||||||
23 | opportunity to:
| ||||||
24 | (1) Be represented by counsel of his or her own | ||||||
25 | choosing;
| ||||||
26 | (2) Be heard in his or her own defense;
|
| |||||||
| |||||||
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 | ||||||
7 | complaint shall be
referred to the Department of Professional | ||||||
8 | Regulation. That office shall
prosecute the verified complaint | ||||||
9 | at the hearing before the administrative law
judge. The | ||||||
10 | Department of Professional Regulation shall have the | ||||||
11 | opportunity to
produce evidence to support the verified | ||||||
12 | complaint and to request the Illinois
Labor
Relations Board | ||||||
13 | State Panel to compel the attendance of witnesses and the
| ||||||
14 | production of related documents, including, but not limited | ||||||
15 | to, court documents
and records. The Illinois Labor Relations | ||||||
16 | Board State Panel shall have the
power
to issue subpoenas | ||||||
17 | requiring the attendance of and testimony of witnesses and
the | ||||||
18 | production of related documents including, but not limited to, | ||||||
19 | court
documents and records and shall have the power to | ||||||
20 | administer oaths.
| ||||||
21 | The administrative law judge shall have the responsibility | ||||||
22 | of receiving into
evidence relevant testimony and documents, | ||||||
23 | including court records, to support
or disprove the | ||||||
24 | allegations made by the person filing the verified complaint
| ||||||
25 | and,
at the close of the case, hear arguments. If the | ||||||
26 | administrative law judge finds
that there is not clear and |
| |||||||
| |||||||
1 | convincing evidence to support the verified
complaint
that the | ||||||
2 | police officer has, while under oath, knowingly and willfully | ||||||
3 | made
false
statements as to a material fact going to an element | ||||||
4 | of the offense of murder,
the
administrative law judge shall | ||||||
5 | make a written recommendation of dismissal to
the
Illinois | ||||||
6 | Labor Relations Board State Panel. If the administrative law | ||||||
7 | judge
finds
that there is clear and convincing evidence that | ||||||
8 | the police officer has, while
under
oath, knowingly and | ||||||
9 | willfully made false statements as to a material fact that
| ||||||
10 | goes to an element of the offense of murder, the | ||||||
11 | administrative law judge shall
make a written recommendation | ||||||
12 | so concluding to the Illinois Labor Relations
Board State | ||||||
13 | Panel. The hearings shall be transcribed.
The Executive
| ||||||
14 | Director of the Illinois Law Enforcement Training Standards | ||||||
15 | Board shall be
informed of the
administrative law judge's | ||||||
16 | recommended findings and decision and the Illinois
Labor | ||||||
17 | Relations Board State Panel's subsequent review of the | ||||||
18 | recommendation. | ||||||
19 |
An officer named in any complaint filed pursuant to this | ||||||
20 | Act shall be
indemnified for his or her reasonable attorney's | ||||||
21 | fees and costs by his or her
employer. These fees shall be paid | ||||||
22 | in a regular and timely manner. The State,
upon application by | ||||||
23 | the public employer, shall reimburse the public employer
for
| ||||||
24 | the accused officer's reasonable attorney's fees and costs. At | ||||||
25 | no time and
under
no circumstances will the accused officer be | ||||||
26 | required to pay his or her own
reasonable attorney's fees or |
| |||||||
| |||||||
1 | costs.
| ||||||
2 |
The accused officer shall not be placed on unpaid status | ||||||
3 | because of
the filing or processing of the verified complaint | ||||||
4 | until there is a final
non-appealable order sustaining his or | ||||||
5 | her guilt and his or her certification
is
revoked.
Nothing in | ||||||
6 | this Act, however, restricts the public employer from pursuing
| ||||||
7 | discipline against the officer in the normal course and under | ||||||
8 | procedures then
in
place.
| ||||||
9 | The Illinois Labor Relations Board State Panel shall | ||||||
10 | review the
administrative law judge's recommended decision and | ||||||
11 | order and determine by a
majority vote whether or not there was | ||||||
12 | clear and convincing evidence that the
accused officer, while | ||||||
13 | under oath, knowingly and willfully made false
statements
as | ||||||
14 | to a material fact going to the offense of murder. Within 30 | ||||||
15 | days of service
of
the administrative law judge's recommended | ||||||
16 | decision and order, the parties may
file exceptions to the | ||||||
17 | recommended decision and order and briefs in support of
their | ||||||
18 | exceptions with the Illinois Labor Relations Board State | ||||||
19 | Panel. The
parties
may file responses to the exceptions and | ||||||
20 | briefs in support of the responses no
later than 15 days after | ||||||
21 | the service of the exceptions. If exceptions are filed
by
any | ||||||
22 | of the parties, the Illinois Labor Relations Board State Panel | ||||||
23 | shall review
the
matter and make a finding to uphold, vacate, | ||||||
24 | or modify the recommended
decision and order. If the Illinois | ||||||
25 | Labor Relations Board State Panel concludes
that there is | ||||||
26 | clear and convincing evidence that the accused officer, while
|
| |||||||
| |||||||
1 | under
oath, knowingly and willfully made false statements as | ||||||
2 | to a material fact going
to
an element of the offense murder, | ||||||
3 | the Illinois Labor Relations Board State
Panel
shall inform | ||||||
4 | the Illinois Law Enforcement Training Standards Board and the
| ||||||
5 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
6 | the accused
officer's certification. If the accused officer | ||||||
7 | appeals that determination to
the
Appellate Court, as provided | ||||||
8 | by this Act, he or she may petition the Appellate
Court to stay | ||||||
9 | the revocation of his or her certification pending the court's
| ||||||
10 | review
of the matter.
| ||||||
11 |
None of the Illinois Labor Relations Board State Panel's | ||||||
12 | findings or
determinations shall set any precedent in any of | ||||||
13 | its decisions decided pursuant
to the Illinois Public Labor | ||||||
14 | Relations Act by the Illinois Labor Relations
Board
State
| ||||||
15 | Panel or the courts.
| ||||||
16 | A party aggrieved by the final order of the Illinois Labor | ||||||
17 | Relations
Board State Panel may apply for and obtain judicial | ||||||
18 | review of an order of the
Illinois Labor Relations Board State | ||||||
19 | Panel, in accordance with the provisions
of
the Administrative | ||||||
20 | Review Law, except that such judicial review shall be
afforded
| ||||||
21 | directly in the Appellate Court for the district in which the | ||||||
22 | accused officer
resides.
Any direct appeal to the Appellate | ||||||
23 | Court shall be filed within 35 days from the
date that a copy | ||||||
24 | of the decision sought to be reviewed was served upon the
party
| ||||||
25 | affected by the decision.
| ||||||
26 |
Interested parties. Only interested parties to the |
| |||||||
| |||||||
1 | criminal prosecution
in
which the police officer allegedly, | ||||||
2 | while under oath, knowingly and willfully
made
false | ||||||
3 | statements as to a material fact going to an element of the | ||||||
4 | offense of
murder may file a verified complaint pursuant to | ||||||
5 | this Section. For purposes of
this Section, "interested | ||||||
6 | parties" shall be limited to the defendant and any
police
| ||||||
7 | officer who has personal knowledge that the police officer who | ||||||
8 | is the subject
of
the complaint has, while under oath, | ||||||
9 | knowingly and willfully made false
statements
as
to a material | ||||||
10 | fact going to an element of the offense of murder.
| ||||||
11 | Semi-annual reports. The Executive Director of the | ||||||
12 | Illinois Labor
Relations Board shall submit semi-annual | ||||||
13 | reports to the Governor, President,
and
Minority Leader of the | ||||||
14 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
15 | Representatives 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 |
| |||||||
| |||||||
1 | of the last
report. | ||||||
2 | (a) The Board must review law enforcement officer conduct | ||||||
3 | and records to ensure that
no law enforcement
officer is | ||||||
4 | certified
or provided a valid waiver if that law enforcement | ||||||
5 | officer has been convicted of, found guilty of, entered a plea | ||||||
6 | of guilty to, or entered a plea of nolo contendere to, a
felony | ||||||
7 | offense under the laws of this
State or any other state which | ||||||
8 | if committed in this State would be punishable
as a felony. The | ||||||
9 | Board must also
ensure that no law enforcement officer is | ||||||
10 | certified or provided a valid waiver if that law enforcement
| ||||||
11 | officer has been convicted of, found guilty of, or entered a | ||||||
12 | plea of guilty to, on or
after January 1, 2022 (the effective | ||||||
13 | date of Public Act 101-652) of any misdemeanor
specified in | ||||||
14 | this Section or if
committed in any other state would be an | ||||||
15 | offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
| ||||||
16 | 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, | ||||||
17 | 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, | ||||||
18 | any misdemeanor in violation of any Section of Part E of Title | ||||||
19 | III of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
20 | or subsection (a) of Section 17-32 of the Criminal Code of 1961 | ||||||
21 | or the Criminal Code of 2012, or to Section 5 or
5.2 of the | ||||||
22 | Cannabis Control Act, or any felony or misdemeanor in | ||||||
23 | violation of federal law or the law of any state that is the | ||||||
24 | equivalent of any of the offenses specified therein. The Board | ||||||
25 | must appoint investigators to
enforce the duties conferred | ||||||
26 | upon the
Board by this Act.
|
| |||||||
| |||||||
1 | (a-1) For purposes of this Section, a person is "convicted | ||||||
2 | of, or entered a plea of guilty to, plea of nolo contendere to, | ||||||
3 | found guilty of" regardless of whether the adjudication of | ||||||
4 | guilt or sentence is withheld or not entered thereon. This | ||||||
5 | includes sentences of supervision, conditional discharge, or | ||||||
6 | first offender probation, or any similar disposition provided | ||||||
7 | for by law. | ||||||
8 | (b) It is the responsibility of the sheriff or the chief | ||||||
9 | executive officer
of every law enforcement
agency or | ||||||
10 | department within this State to report to the Board any | ||||||
11 | arrest,
conviction, finding of guilt, plea of guilty, or plea | ||||||
12 | of nolo contendere to, of any officer for an
offense | ||||||
13 | identified in this Section, regardless of whether the | ||||||
14 | adjudication of guilt or sentence is withheld or not entered | ||||||
15 | thereon, this includes sentences of supervision, conditional | ||||||
16 | discharge, or first offender probation.
| ||||||
17 | (c) It is the duty and responsibility of every full-time | ||||||
18 | and part-time law enforcement
officer in this State to report | ||||||
19 | to
the Board within 14 days, and the officer's sheriff or chief | ||||||
20 | executive officer,
of the officer's arrest, conviction, found | ||||||
21 | guilty of, or plea of guilty for
an offense identified in this | ||||||
22 | Section. Any full-time or part-time law enforcement
officer | ||||||
23 | who knowingly makes, submits,
causes to be submitted, or files | ||||||
24 | a false or untruthful report to the Board must
have the | ||||||
25 | officer's certificate or waiver
immediately decertified or | ||||||
26 | revoked.
|
| |||||||
| |||||||
1 | (d) Any person, or a local or State agency, or the Board is | ||||||
2 | immune from
liability for submitting,
disclosing, or releasing | ||||||
3 | information of arrests, convictions, or pleas of guilty in | ||||||
4 | this Section
as long as the information is
submitted, | ||||||
5 | disclosed, or released in good faith and without malice. The | ||||||
6 | Board
has qualified immunity for the
release of the | ||||||
7 | information.
| ||||||
8 | (e) Any full-time or part-time law enforcement officer | ||||||
9 | with a certificate or waiver
issued by the Board who is
| ||||||
10 | convicted of, found guilty of, or entered a plea of guilty to, | ||||||
11 | or entered a plea of nolo contendere to any offense described | ||||||
12 | in this Section immediately becomes
decertified or no longer | ||||||
13 | has a valid
waiver. The decertification and invalidity of | ||||||
14 | waivers occurs as a matter of
law. Failure of a convicted | ||||||
15 | person to
report to the Board the officer's conviction as | ||||||
16 | described in this Section or any
continued law enforcement | ||||||
17 | practice
after receiving a conviction is a Class 4 felony.
| ||||||
18 | For purposes of this Section, a person is considered to | ||||||
19 | have been "convicted of, found guilty of, or entered a plea of | ||||||
20 | guilty to, plea of nolo contendere to" regardless of whether | ||||||
21 | the adjudication of guilt or sentence is withheld or not | ||||||
22 | entered thereon, including sentences of supervision, | ||||||
23 | conditional discharge, first offender probation, or any | ||||||
24 | similar disposition as provided for by law. | ||||||
25 | (f) The Board's investigators shall be law enforcement | ||||||
26 | officers as defined in Section 2 of this Act. The Board shall |
| |||||||
| |||||||
1 | not waive the training requirement unless the investigator has | ||||||
2 | had a minimum of 5 years experience as a sworn officer of a | ||||||
3 | local, State, or federal law enforcement agency. An | ||||||
4 | investigator shall not have been terminated for good cause, | ||||||
5 | decertified, had his or her law enforcement license or | ||||||
6 | certificate revoked in this or any other jurisdiction, or been | ||||||
7 | convicted of any of the conduct listed in subsection (a). Any | ||||||
8 | complaint filed against the Board's investigators shall be | ||||||
9 | investigated by the Illinois State Police.
| ||||||
10 | (g) The Board must request and receive information and | ||||||
11 | assistance from any
federal, state, local, or private | ||||||
12 | enforcement
agency as part of the authorized criminal | ||||||
13 | background
investigation. The Illinois State Police must | ||||||
14 | process, retain, and
additionally
provide
and disseminate | ||||||
15 | information to the Board concerning criminal charges, arrests,
| ||||||
16 | convictions, and their disposition, that have
been filed | ||||||
17 | against a basic academy applicant, law enforcement
applicant, | ||||||
18 | or law enforcement officer whose fingerprint identification | ||||||
19 | cards
are on file or maintained by the Illinois State Police. | ||||||
20 | The Federal
Bureau
of
Investigation must provide the Board any | ||||||
21 | criminal history record information
contained in its files | ||||||
22 | pertaining to law
enforcement officers or any applicant to a | ||||||
23 | Board certified basic law
enforcement academy as described in | ||||||
24 | this Act
based on fingerprint identification. The Board must | ||||||
25 | make payment of fees to the
Illinois State Police for each
| ||||||
26 | fingerprint card submission in conformance with the |
| |||||||
| |||||||
1 | requirements of paragraph
22 of Section 55a of the Civil
| ||||||
2 | Administrative Code of Illinois.
| ||||||
3 | (g-5) Notwithstanding any provision of law to the | ||||||
4 | contrary, the changes to this Section made by this amendatory
| ||||||
5 | Act of the 102nd General Assembly and Public Act 101-652 shall
| ||||||
6 | apply prospectively only from July 1, 2022.
| ||||||
7 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
8 | 102-538, 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 | ||||||
12 | adopt rules and
minimum standards for such schools which shall | ||||||
13 | include, 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | 101-652 shall take effect January 1, 2022. | ||||||
8 | Notwithstanding any provision of law to the contrary, the | ||||||
9 | changes made to this Section by this amendatory Act of the | ||||||
10 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
11 | 102-28 , 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; | ||||||
13 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
14 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
15 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
16 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
17 | eff. 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 | ||||||
20 | adopt rules and
minimum standards for such schools which shall | ||||||
21 | include, 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
15 | 101-652 shall take effect January 1, 2022. | ||||||
16 | Notwithstanding any provision of law to the contrary, the | ||||||
17 | changes made to this Section by this amendatory Act of the | ||||||
18 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
19 | 102-28 , and Public Act 102-694 take effect July 1, 2022. | ||||||
20 | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; | ||||||
21 | 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. | ||||||
22 | 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section | ||||||
23 | 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff. | ||||||
24 | 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558, | ||||||
25 | eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23; | ||||||
26 | revised 8-11-22.)
|
| |||||||
| |||||||
1 | (50 ILCS 705/7.5)
| ||||||
2 | Sec. 7.5. Law enforcement Police pursuit guidelines. The | ||||||
3 | Board shall annually review
police pursuit procedures and make | ||||||
4 | available suggested law enforcement police pursuit
guidelines | ||||||
5 | for law enforcement agencies. This Section does not alter the
| ||||||
6 | effect of previously existing law, including the immunities | ||||||
7 | established under
the Local Governmental and Governmental | ||||||
8 | Employees 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 | ||||||
12 | governmental units shall comply with Sections 6.3, 8.1 , and | ||||||
13 | 8.2
and any other mandatory provisions of this Act.
This Act is | ||||||
14 | a limitation on home rule powers under subsection (i) of | ||||||
15 | Section
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 | ||||||
19 | corrections officers.
| ||||||
20 | (a) After January 1, 1976, no person shall receive a | ||||||
21 | permanent
appointment as a law enforcement officer as defined | ||||||
22 | in this
Act nor shall any person receive, after the effective | ||||||
23 | date of this
amendatory Act of 1984, a permanent appointment |
| |||||||
| |||||||
1 | as a county corrections officer
unless that person has been | ||||||
2 | awarded, within 6 months of
his or her initial full-time | ||||||
3 | employment, a certificate attesting to
his or her successful | ||||||
4 | completion of the Minimum Standards Basic Law Enforcement and | ||||||
5 | County
Correctional Training Course as prescribed by the | ||||||
6 | Board; or has been awarded a
certificate attesting to his or | ||||||
7 | her satisfactory completion of a training program of
similar | ||||||
8 | content and number of hours and which course has been found | ||||||
9 | acceptable
by the Board under the provisions of this Act; or by | ||||||
10 | reason of extensive prior
law enforcement or county | ||||||
11 | corrections experience the basic training requirement
is | ||||||
12 | determined by the Board to be illogical and unreasonable.
| ||||||
13 | If such training is required and not completed within the | ||||||
14 | applicable 6
months, then the officer must forfeit his or her | ||||||
15 | position, or the employing agency
must obtain a waiver from | ||||||
16 | the Board extending the period for
compliance. Such waiver | ||||||
17 | shall be issued only for good and justifiable
reasons, and in | ||||||
18 | no case shall extend more than 90 days beyond the
initial 6 | ||||||
19 | months. Any hiring agency that fails to train a law | ||||||
20 | enforcement officer within this period shall be prohibited | ||||||
21 | from employing this individual in a law enforcement capacity | ||||||
22 | for one year from the date training was to be completed. If an | ||||||
23 | agency again fails to train the individual a second time, the | ||||||
24 | agency shall be permanently barred from employing this | ||||||
25 | individual in a law enforcement capacity.
| ||||||
26 | (b) No provision of this Section shall be construed to |
| |||||||
| |||||||
1 | mean that a
law enforcement officer employed by a local | ||||||
2 | governmental agency
at the time of the effective date of this | ||||||
3 | amendatory Act, either as a
probationary police officer or as | ||||||
4 | a permanent police officer, shall
require certification under | ||||||
5 | the provisions of this Section. No provision
of this Section | ||||||
6 | shall be construed to mean that a county corrections
officer | ||||||
7 | employed by a local governmental agency at the time of the
| ||||||
8 | effective date of this amendatory Act of 1984, either as a | ||||||
9 | probationary
county corrections or as a permanent county | ||||||
10 | corrections officer, shall
require certification under the | ||||||
11 | provisions of this Section. No provision of
this Section shall | ||||||
12 | be construed to apply to certification of elected county
| ||||||
13 | sheriffs.
| ||||||
14 | (c) This Section does not apply to part-time police | ||||||
15 | officers or
probationary part-time police officers. | ||||||
16 | (a) No person shall receive a permanent
appointment as a | ||||||
17 | law enforcement officer or a permanent appointment as a county | ||||||
18 | corrections officer
unless that person has been awarded, | ||||||
19 | within 6 months of the officer's
initial full-time employment, | ||||||
20 | a certificate attesting to the officer's
successful completion | ||||||
21 | of the Minimum Standards Basic Law Enforcement or County
| ||||||
22 | Correctional Training Course as prescribed by the Board; or | ||||||
23 | has been awarded a
certificate attesting to the officer's | ||||||
24 | satisfactory completion of a training program of
similar | ||||||
25 | content and number of hours and which course has been found | ||||||
26 | acceptable
by the Board under the provisions of this Act; or a |
| |||||||
| |||||||
1 | training waiver by reason of extensive prior
law enforcement | ||||||
2 | or county corrections experience the basic training | ||||||
3 | requirement
is determined by the Board to be illogical and | ||||||
4 | unreasonable.
| ||||||
5 | If such training is required and not completed within the | ||||||
6 | applicable 6
months, then the officer must forfeit the | ||||||
7 | officer's position, or the employing agency
must obtain a | ||||||
8 | waiver from the Board extending the period for
compliance. | ||||||
9 | Such waiver shall be issued only for good and justifiable
| ||||||
10 | reasons, and in no case shall extend more than 90 days beyond | ||||||
11 | the
initial 6 months. Any hiring agency that fails to train a | ||||||
12 | law enforcement officer within this period shall be prohibited | ||||||
13 | from employing this individual in a law enforcement capacity | ||||||
14 | for one year from the date training was to be completed. If an | ||||||
15 | agency again fails to train the individual a second time, the | ||||||
16 | agency shall be permanently barred from employing this | ||||||
17 | individual in a law enforcement capacity.
| ||||||
18 | An individual who is not certified by the Board or whose | ||||||
19 | certified status is inactive shall not function as a law | ||||||
20 | enforcement officer, be assigned the duties of a law | ||||||
21 | enforcement officer by an employing agency, or be authorized | ||||||
22 | to carry firearms under the authority of the employer, except | ||||||
23 | as otherwise authorized to carry a firearm under State or | ||||||
24 | federal law. Sheriffs who are elected as of the effective date | ||||||
25 | of this amendatory Act of the 101st General Assembly, are | ||||||
26 | exempt from the requirement of certified status. Failure to be |
| |||||||
| |||||||
1 | certified in accordance with this Act shall cause the officer | ||||||
2 | to forfeit the officer's position. | ||||||
3 | An employing agency may not grant a person status as a law | ||||||
4 | enforcement officer unless the person has been granted an | ||||||
5 | active law enforcement officer certification by the Board. | ||||||
6 | (b) Inactive status. A person who has an inactive law | ||||||
7 | enforcement officer certification has no law enforcement | ||||||
8 | authority. | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
1 | (c) No provision
of this Section shall be construed to | ||||||
2 | mean that a county corrections
officer employed by a | ||||||
3 | governmental agency at the time of the
effective date of this | ||||||
4 | amendatory Act, either as a probationary
county corrections or | ||||||
5 | as a permanent county corrections officer, shall
require | ||||||
6 | certification under the provisions of this Section. No | ||||||
7 | provision of
this Section shall be construed to apply to | ||||||
8 | certification of elected county
sheriffs.
| ||||||
9 | (d) Within 14 days, a law enforcement officer shall report | ||||||
10 | to the Board: (1) any name change; (2) any change in | ||||||
11 | employment; or (3) the filing of any criminal indictment or | ||||||
12 | charges against the officer alleging that the officer | ||||||
13 | committed any offense as enumerated in Section 6.1 of this | ||||||
14 | Act. | ||||||
15 | (e) All law enforcement officers must report the | ||||||
16 | completion of the training requirements required in this Act | ||||||
17 | in compliance with Section 8.4 of this Act. | ||||||
18 | (e-1) Each employing law enforcement agency shall allow | ||||||
19 | and provide an opportunity for a law enforcement officer to | ||||||
20 | complete the mandated requirements in this Act. All mandated | ||||||
21 | training shall will be provided for at no cost to the | ||||||
22 | employees. Employees shall be paid for all time spent | ||||||
23 | attending mandated training. | ||||||
24 | (e-2) Each agency, academy, or training provider shall | ||||||
25 | maintain proof of a law enforcement officer's completion of | ||||||
26 | legislatively required training in a format designated by the |
| |||||||
| |||||||
1 | Board. The report of training shall be submitted to the Board | ||||||
2 | within 30 days following completion of the training. A copy of | ||||||
3 | the report shall be submitted to the law enforcement officer. | ||||||
4 | Upon receipt of a properly completed report of training, the | ||||||
5 | Board will make the appropriate entry into the training | ||||||
6 | records of the law enforcement officer. | ||||||
7 | (f) This Section does not apply to part-time law | ||||||
8 | enforcement officers or
probationary part-time law enforcement | ||||||
9 | officers.
| ||||||
10 | (g) Notwithstanding any provision of law to the contrary, | ||||||
11 | the changes made to this Section by this amendatory Act of the | ||||||
12 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
13 | 102-28 take effect July 1, 2022. | ||||||
14 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
15 | 102-28, 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 | ||||||
19 | must obtain from the Board a certificate (i) attesting to his
| ||||||
20 | or her successful completion of the part-time police training | ||||||
21 | course; (ii)
attesting to his or her satisfactory completion | ||||||
22 | of a training program of
similar content and number of hours | ||||||
23 | that has been found acceptable by the
Board under the | ||||||
24 | provisions of this Act; or (iii) attesting to the Board's
| ||||||
25 | determination that the part-time police training course is |
| |||||||
| |||||||
1 | unnecessary because
of the person's extensive prior law | ||||||
2 | enforcement experience.
A person hired on or after the | ||||||
3 | effective date of this amendatory Act of the
92nd General | ||||||
4 | Assembly must obtain this certificate within 18 months after | ||||||
5 | the
initial date of hire as a probationary part-time police | ||||||
6 | officer in the State of
Illinois. The probationary part-time | ||||||
7 | police officer must be enrolled and
accepted into a | ||||||
8 | Board-approved course within 6 months after active employment
| ||||||
9 | by any department in the State.
A person hired
on or after | ||||||
10 | January 1, 1996 and before the effective date of this | ||||||
11 | amendatory
Act of the 92nd General Assembly must obtain this | ||||||
12 | certificate within 18
months
after the date of hire. A person | ||||||
13 | hired before
January 1, 1996 must obtain this certificate | ||||||
14 | within 24 months after the
effective date of this amendatory | ||||||
15 | Act of 1995.
| ||||||
16 | The employing agency may seek a waiver from the Board | ||||||
17 | extending the period
for compliance. A waiver shall be issued | ||||||
18 | only for good and justifiable
reasons, and the probationary | ||||||
19 | part-time police officer may not practice as a
part-time
| ||||||
20 | police officer during the waiver period. If training is
| ||||||
21 | required and not completed within the applicable time period, | ||||||
22 | as extended by
any waiver that may be granted, then the officer | ||||||
23 | must forfeit his or her
position.
| ||||||
24 | (b) (Blank).
| ||||||
25 | (c) The part-time police training course referred to in | ||||||
26 | this Section
shall be of similar content and the same number of |
| |||||||
| |||||||
1 | hours as the courses for
full-time officers and
shall be | ||||||
2 | provided by
Mobile Team In-Service Training Units under the | ||||||
3 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
4 | Training Act or by another approved program
or facility in a | ||||||
5 | manner prescribed by the
Board.
| ||||||
6 | (d) For the purposes of this Section, the Board shall | ||||||
7 | adopt rules defining
what constitutes employment on a | ||||||
8 | part-time basis. | ||||||
9 | (a) A person hired to serve as a part-time law enforcement
| ||||||
10 | officer must obtain from the Board a certificate (i) attesting | ||||||
11 | to the officer's successful completion of the part-time police | ||||||
12 | training course; (ii)
attesting to the officer's satisfactory | ||||||
13 | completion of a training program of
similar content and number | ||||||
14 | of hours that has been found acceptable by the
Board under the | ||||||
15 | provisions of this Act; or (iii) a training waiver attesting | ||||||
16 | to the Board's
determination that the part-time police | ||||||
17 | training course is unnecessary because
of the person's | ||||||
18 | extensive prior law enforcement experience.
A person hired on | ||||||
19 | or after the effective date of this amendatory Act of the
92nd | ||||||
20 | General Assembly must obtain this certificate within 18 months | ||||||
21 | after the
initial date of hire as a probationary part-time law | ||||||
22 | enforcement officer in the State of
Illinois. The probationary | ||||||
23 | part-time law enforcement officer must be enrolled and
| ||||||
24 | accepted into a Board-approved course within 6 months after | ||||||
25 | active employment
by any department in the State.
A person | ||||||
26 | hired
on or after January 1, 1996 and before the effective date |
| |||||||
| |||||||
1 | of this amendatory
Act of the 92nd General Assembly must | ||||||
2 | obtain this certificate within 18
months
after the date of | ||||||
3 | hire. A person hired before
January 1, 1996 must obtain this | ||||||
4 | certificate within 24 months after the
effective date of this | ||||||
5 | amendatory Act of 1995.
| ||||||
6 | The employing agency may seek an extension waiver from the | ||||||
7 | Board extending the period
for compliance. An extension waiver | ||||||
8 | shall be issued only for good and justifiable
reasons, and the | ||||||
9 | probationary part-time law enforcement officer may not | ||||||
10 | practice as a
part-time law enforcement
officer during the | ||||||
11 | extension waiver period. If training is
required and not | ||||||
12 | completed within the applicable time period, as extended by
| ||||||
13 | any waiver that may be granted, then the officer must forfeit | ||||||
14 | the officer's
position.
| ||||||
15 | An individual who is not certified by the Board or whose | ||||||
16 | certified status is inactive shall not function as a law | ||||||
17 | enforcement officer, be assigned the duties of a law | ||||||
18 | enforcement officer by an agency, or be authorized to carry | ||||||
19 | firearms under the authority of the employer, except that | ||||||
20 | sheriffs who are elected are exempt from the requirement of | ||||||
21 | certified status. Failure to be in accordance with this Act | ||||||
22 | shall cause the officer to forfeit the officer's position. | ||||||
23 | (a-5) A part-time probationary law enforcement officer | ||||||
24 | shall be allowed to complete six months of a part-time police | ||||||
25 | training course and function as a law enforcement officer as | ||||||
26 | permitted by this subsection with a waiver from the Board, |
| |||||||
| |||||||
1 | provided the part-time law enforcement officer is still | ||||||
2 | enrolled in the training course. If the part-time probationary | ||||||
3 | law enforcement officer withdraws from the course for any | ||||||
4 | reason or does not complete the course within the applicable | ||||||
5 | time period, as extended by any waiver that may be granted, | ||||||
6 | then the officer must forfeit the officer's position. A | ||||||
7 | probationary law enforcement officer must function under the | ||||||
8 | following 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 | ||||||
23 | enforcement officer certification has no law enforcement | ||||||
24 | authority. | ||||||
25 | (1) A law enforcement officer's certification becomes | ||||||
26 | inactive upon termination, resignation, retirement, or |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
18 | this Section
shall be of similar content and the same number of | ||||||
19 | hours as the courses for
full-time officers and
shall be | ||||||
20 | provided by
Mobile Team In-Service Training Units under the | ||||||
21 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
22 | Training Act or by another approved program
or facility in a | ||||||
23 | manner prescribed by the
Board.
| ||||||
24 | (d) Within 14 days, a law enforcement officer shall report | ||||||
25 | to the Board: (1) any name change; (2) any change in | ||||||
26 | employment; or (3) the filing of any criminal indictment or |
| |||||||
| |||||||
1 | charges against the officer alleging that the officer | ||||||
2 | committed any offense as enumerated in Section 6.1 of this | ||||||
3 | Act. | ||||||
4 | (e) All law enforcement officers must report the | ||||||
5 | completion of the training requirements required in this Act | ||||||
6 | in compliance with Section 8.4 of this Act. | ||||||
7 | (e-1) Each employing agency shall allow and provide an | ||||||
8 | opportunity for a law enforcement officer to complete the | ||||||
9 | requirements in this Act. All mandated training shall be | ||||||
10 | provided for at no cost to the employees. Employees shall be | ||||||
11 | paid for all time spent attending mandated training. | ||||||
12 | (e-2) Each agency, academy, or training provider shall | ||||||
13 | maintain proof of a law enforcement officer's completion of | ||||||
14 | legislatively required training in a format designated by the | ||||||
15 | Board. The report of training shall be submitted to the Board | ||||||
16 | within 30 days following completion of the training. A copy of | ||||||
17 | the report shall be submitted to the law enforcement officer. | ||||||
18 | Upon receipt of a properly completed report of training, the | ||||||
19 | Board will make the appropriate entry into the training | ||||||
20 | records of the law enforcement officer. | ||||||
21 | (f) For the purposes of this Section, the Board shall | ||||||
22 | adopt rules defining
what constitutes employment on a | ||||||
23 | part-time basis.
| ||||||
24 | (g) Notwithstanding any provision of law to the contrary, | ||||||
25 | the changes made to this Section by this amendatory Act of the | ||||||
26 | 102nd General Assembly and Public Act 101-652 take effect July |
| |||||||
| |||||||
1 | 1, 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 | ||||||
5 | Treasury to
be known as the Traffic and Criminal Conviction | ||||||
6 | Surcharge Fund. Moneys in this Fund shall be
expended as | ||||||
7 | follows:
| ||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 | ||||||
13 | Surcharge Fund shall
be made each year from moneys | ||||||
14 | appropriated for the purposes specified in
this Section. No | ||||||
15 | more than 50% of any appropriation under this Act shall be
| ||||||
16 | spent in any city having a population of more than 500,000. The | ||||||
17 | State
Comptroller and the State Treasurer shall from time to | ||||||
18 | time, at the
direction of the Governor, transfer from the | ||||||
19 | Traffic and Criminal
Conviction Surcharge Fund to the General | ||||||
20 | Revenue Fund in the State Treasury
such amounts as the | ||||||
21 | Governor determines are in excess of the amounts
required to | ||||||
22 | meet the obligations of the Traffic and Criminal Conviction
| ||||||
23 | Surcharge Fund.
| ||||||
24 | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22; | ||||||
25 | 102-538, eff. 8-20-21; revised 10-5-21.)
|
| |||||||
| |||||||
1 | (50 ILCS 705/10) (from Ch. 85, par. 510)
| ||||||
2 | Sec. 10. The Board may make, amend and rescind such rules | ||||||
3 | and regulations
as may be necessary to carry out the | ||||||
4 | provisions of this Act, including those relating to the annual | ||||||
5 | certification of retired law enforcement officers qualified | ||||||
6 | under federal law to carry a concealed weapon. A copy of all
| ||||||
7 | rules and regulations and amendments or rescissions thereof | ||||||
8 | shall be filed
with the Secretary of State within a reasonable | ||||||
9 | time after their adoption.
The schools certified by the Board | ||||||
10 | and participating in the training
program may dismiss from the | ||||||
11 | school any trainee prior to the officer's his completion of
| ||||||
12 | the course, if in the opinion of the person in charge of the | ||||||
13 | training
school, the trainee is unable or unwilling to | ||||||
14 | satisfactorily complete the
prescribed course of training. | ||||||
15 | The Board shall adopt emergency rules to administer this | ||||||
16 | Act in accordance with Section 5-45 of the Illinois | ||||||
17 | Administrative Procedure Act. For the purposes of the Illinois | ||||||
18 | Administrative Procedure Act, the General Assembly finds that | ||||||
19 | the adoption of rules to implement this Act is deemed an | ||||||
20 | emergency and necessary to the public interest, safety, and | ||||||
21 | welfare.
| ||||||
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 | ||||||
25 | initiate,
administer,
and conduct training programs for |
| |||||||
| |||||||
1 | permanent law enforcement police officers and permanent
county | ||||||
2 | corrections officers in addition to the basic recruit training | ||||||
3 | program.
The Board may initiate, administer, and conduct | ||||||
4 | training programs for
part-time law enforcement police | ||||||
5 | officers in
addition
to the basic part-time law enforcement | ||||||
6 | police training course. The training for permanent and
| ||||||
7 | part-time law enforcement
police officers and permanent county | ||||||
8 | corrections officers may
be given in any schools selected by | ||||||
9 | the Board. Such training may include all
or any part of the | ||||||
10 | subjects enumerated in Sections 7 and 7.4 of this Act.
| ||||||
11 | The corporate authorities of all participating local | ||||||
12 | governmental agencies
may elect to participate in the advanced | ||||||
13 | training for permanent and
part-time law enforcement police | ||||||
14 | officers and permanent county corrections
officers but | ||||||
15 | nonparticipation in this program shall not in any way affect | ||||||
16 | the
mandatory responsibility of governmental units to | ||||||
17 | participate in the basic
recruit training programs for | ||||||
18 | probationary full-time and part-time law enforcement
police
| ||||||
19 | and permanent county corrections officers. The failure of any | ||||||
20 | permanent or
part-time law enforcement
police officer or | ||||||
21 | permanent county corrections officer to
successfully complete | ||||||
22 | any course authorized under this Section
shall not affect the | ||||||
23 | officer's status as a member of the police
department or | ||||||
24 | county sheriff's office of any local governmental agency.
| ||||||
25 | The Board may initiate, administer, and conduct training | ||||||
26 | programs for
clerks of circuit courts. Those training |
| |||||||
| |||||||
1 | programs, at the Board's discretion,
may be the same or | ||||||
2 | variations of training programs for law enforcement
officers.
| ||||||
3 | The Board shall initiate, administer, and conduct a | ||||||
4 | training program
regarding the set
up and operation of
| ||||||
5 | portable scales for all municipal and county police officers, | ||||||
6 | technicians,
and employees who set up
and operate portable | ||||||
7 | scales. This
training
program must include classroom and field | ||||||
8 | training.
| ||||||
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 | ||||||
13 | Public Act 92-533),
an applicant for employment as a peace | ||||||
14 | officer, or for annual certification as a retired law | ||||||
15 | enforcement officer qualified under federal law to carry a | ||||||
16 | concealed weapon, shall authorize an
investigation to | ||||||
17 | determine if
the applicant has been convicted of , or entered a | ||||||
18 | plea of guilty to, any criminal offense that disqualifies the
| ||||||
19 | person as a peace
officer.
| ||||||
20 | (b) No law enforcement agency may knowingly employ a | ||||||
21 | person, or certify a retired law enforcement officer qualified | ||||||
22 | under federal law to carry a concealed weapon, unless (i) a
| ||||||
23 | criminal
background investigation of that person
has been | ||||||
24 | completed and (ii) that investigation reveals no convictions | ||||||
25 | of or pleas of guilty to
of offenses specified in subsection |
| |||||||
| |||||||
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; | ||||||
3 | 102-558, 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 | ||||||
6 | conduct electronic
interrogations. | ||||||
7 | (a)
From appropriations made to it for that purpose, the | ||||||
8 | Board shall initiate,
administer, and conduct training | ||||||
9 | programs for permanent law enforcement police officers,
| ||||||
10 | part-time law enforcement police officers, and recruits on the | ||||||
11 | methods and technical aspects of
conducting electronic | ||||||
12 | recordings of interrogations. | ||||||
13 | (b) Subject to appropriation, the Board shall develop | ||||||
14 | technical guidelines for the mandated recording of custodial | ||||||
15 | interrogations in all homicide investigations by law | ||||||
16 | enforcement agencies. These guidelines shall be developed in | ||||||
17 | conjunction with law enforcement agencies and technology | ||||||
18 | accreditation groups to provide guidance for law enforcement | ||||||
19 | agencies in implementing the mandated recording of custodial | ||||||
20 | interrogations 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 | ||||||
24 | police chief. Each police chief and deputy police chief shall |
| |||||||
| |||||||
1 | obtain at least 20 hours of training each year. The training | ||||||
2 | must be approved by the Illinois Law Enforcement Training | ||||||
3 | Standards Board and must be related to law enforcement, | ||||||
4 | management or executive development, or ethics. This | ||||||
5 | requirement may be satisfied by attending any training portion | ||||||
6 | of a conference held by an association that represents chiefs | ||||||
7 | of police that has been approved by the Illinois Law | ||||||
8 | Enforcement Training Standards Board. Any police chief and any | ||||||
9 | deputy police chief, upon presentation of a certificate of | ||||||
10 | completion from the person or entity conducting the training, | ||||||
11 | shall be reimbursed by the municipality in accordance with the | ||||||
12 | municipal policy regulating the terms of reimbursement, for | ||||||
13 | the officer's his or her reasonable expenses in obtaining the | ||||||
14 | training required under this Section. No police chief or | ||||||
15 | deputy police chief may attend any recognized training | ||||||
16 | offering without the prior approval of the officer's his or | ||||||
17 | her municipal mayor, manager, or immediate supervisor. | ||||||
18 | This Section does not apply to the City of Chicago or the | ||||||
19 | Sheriff'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. | ||||||
23 | The Illinois Law Enforcement Training Standards Board shall | ||||||
24 | conduct or approve a training program in death and homicide | ||||||
25 | investigation for the training of law enforcement officers of |
| |||||||
| |||||||
1 | local law enforcement agencies. Only law enforcement officers | ||||||
2 | who successfully complete the training program may be assigned | ||||||
3 | as lead investigators in death and homicide investigations. | ||||||
4 | Satisfactory completion of the training program shall be | ||||||
5 | evidenced by a certificate issued to the law enforcement | ||||||
6 | officer by the Illinois Law Enforcement Training Standards | ||||||
7 | Board.
| ||||||
8 | The Illinois Law Enforcement Training Standards Board | ||||||
9 | shall develop a process for waiver applications sent by a | ||||||
10 | local law enforcement governmental agency administrator for | ||||||
11 | those officers whose prior training and experience as homicide | ||||||
12 | investigators may qualify them for a waiver. The Board may | ||||||
13 | issue a waiver at its discretion, based solely on the prior | ||||||
14 | training and experience of an officer as a homicide | ||||||
15 | investigator. This Section does not affect or impede the | ||||||
16 | powers of the office of the coroner to investigate all deaths | ||||||
17 | as provided in Division 3-3 of the Counties Code and the | ||||||
18 | Coroner Training Board Act. | ||||||
19 | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
20 | 102-694, eff. 1-7-22.) | ||||||
21 | (50 ILCS 705/10.18) | ||||||
22 | Sec. 10.18. Training; administration of opioid | ||||||
23 | antagonists. The Board shall conduct or approve an in-service | ||||||
24 | training program for police law enforcement officers in the | ||||||
25 | administration of opioid antagonists as defined in paragraph |
| |||||||
| |||||||
1 | (1) of subsection (e) of Section 5-23 of the Substance Use | ||||||
2 | Disorder Act that is in accordance with that Section. As used | ||||||
3 | in this Section, the term " police law enforcement officers" | ||||||
4 | includes full-time or part-time probationary police law | ||||||
5 | enforcement officers, permanent or part-time police law | ||||||
6 | enforcement officers, recruits, permanent or probationary | ||||||
7 | county corrections officers, permanent or probationary county | ||||||
8 | security officers, and court security officers. The term does | ||||||
9 | not include auxiliary police officers as defined in Section | ||||||
10 | 3.1-30-20 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 | ||||||
15 | State Police Act, may be referred to as the Annie LeGere Law. | ||||||
16 | (b) For purposes of this Section, "epinephrine | ||||||
17 | auto-injector" means a single-use device used for the | ||||||
18 | automatic injection of a pre-measured dose of epinephrine into | ||||||
19 | the human body prescribed in the name of a local law | ||||||
20 | enforcement agency. | ||||||
21 | (c) The Board shall conduct or approve an optional | ||||||
22 | advanced training program for police law enforcement officers | ||||||
23 | to recognize and respond to anaphylaxis, including the | ||||||
24 | administration of an epinephrine auto-injector. The training | ||||||
25 | must include, but is not limited to: |
| |||||||
| |||||||
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 | ||||||
14 | law enforcement officer who has completed an optional advanced | ||||||
15 | training program under subsection (c) to carry, administer, or | ||||||
16 | assist with the administration of epinephrine auto-injectors | ||||||
17 | provided by the local law enforcement agency whenever he or | ||||||
18 | she the officer is performing official duties. | ||||||
19 | (e) A local law enforcement agency that authorizes its | ||||||
20 | officers to carry and administer epinephrine auto-injectors | ||||||
21 | under subsection (d) must establish a policy to control the | ||||||
22 | acquisition, storage, transportation, administration, and | ||||||
23 | disposal of epinephrine auto-injectors and to provide | ||||||
24 | continued training in the administration of epinephrine | ||||||
25 | auto-injectors. | ||||||
26 | (f) A physician, physician physician's assistant with |
| |||||||
| |||||||
1 | prescriptive authority, or advanced practice registered nurse | ||||||
2 | with prescriptive authority may provide a standing protocol or | ||||||
3 | prescription for epinephrine auto-injectors in the name of a | ||||||
4 | local law enforcement agency to be maintained for use when | ||||||
5 | necessary. | ||||||
6 | (g) When a police law enforcement officer administers an | ||||||
7 | epinephrine auto-injector in good faith, the police law | ||||||
8 | enforcement officer and local law enforcement agency, and its | ||||||
9 | employees and agents, including a physician, physician | ||||||
10 | physician's assistant with prescriptive authority, or advanced | ||||||
11 | practice registered nurse with prescriptive authority who | ||||||
12 | provides a standing order or prescription for an epinephrine | ||||||
13 | auto-injector, incur no civil or professional liability, | ||||||
14 | except for willful and wanton conduct, or as a result of any | ||||||
15 | injury or death arising from the use of an epinephrine | ||||||
16 | auto-injector.
| ||||||
17 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
18 | 102-694, eff. 1-7-22; revised 2-3-22.) | ||||||
19 | (50 ILCS 705/10.20) | ||||||
20 | Sec. 10.20. Disposal of medications. The Board shall | ||||||
21 | develop rules and minimum standards for local law enforcement | ||||||
22 | agencies that authorize police law enforcement officers to | ||||||
23 | dispose of unused medications under Section 18 of the Safe | ||||||
24 | Pharmaceutical Disposal Act.
| ||||||
25 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22 .) |
| |||||||
| |||||||
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 | ||||||
10 | by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and | ||||||
11 | 13. | ||||||
12 | Section 1-385. The Illinois Police Training Act is amended | ||||||
13 | by reenacting Section 10.5 as follows:
| ||||||
14 | (50 ILCS 705/10.5)
| ||||||
15 | Sec. 10.5. Conservators of the Peace training course. The | ||||||
16 | Board shall
initiate, administer, and conduct a training | ||||||
17 | course for conservators of the
peace. The training course may | ||||||
18 | include all or any part of the subjects
enumerated in
Section | ||||||
19 | 7. The Board shall issue a certificate to those persons | ||||||
20 | successfully
completing the course.
| ||||||
21 | For the purposes of this Section, "conservators of the | ||||||
22 | peace" means those
persons designated under Section 3.1-15-25 | ||||||
23 | of the Illinois Municipal Code and
Section 4-7 of the Park |
| |||||||
| |||||||
1 | District Code.
| ||||||
2 | (Source: P.A. 90-540, eff. 12-1-97.)
| ||||||
3 | Section 1-390. The Counties Code is amended by changing | ||||||
4 | Section 3-6001.5 as follows:
| ||||||
5 | (55 ILCS 5/3-6001.5)
| ||||||
6 | Sec. 3-6001.5. Sheriff qualifications. A person is not | ||||||
7 | eligible to be elected or
appointed to the office of sheriff, | ||||||
8 | unless 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. |
| |||||||
| |||||||
1 | Section 2-1. Short title. This Act may be cited as the | ||||||
2 | Capital Crimes Litigation Act of 2023. | ||||||
3 | Section 2-5. Appointment of trial counsel in death penalty | ||||||
4 | cases. If an indigent defendant is charged with an offense for | ||||||
5 | which a sentence of death is authorized, and the State's | ||||||
6 | Attorney has not, at or before arraignment, filed a | ||||||
7 | certificate indicating he or she will not seek the death | ||||||
8 | penalty or stated on the record in open court that the death | ||||||
9 | penalty will not be sought, the trial court shall immediately | ||||||
10 | appoint the Public Defender, or any other qualified attorney | ||||||
11 | or attorneys as the Illinois Supreme Court shall by rule | ||||||
12 | provide, to represent the defendant as trial counsel. If the | ||||||
13 | Public Defender is appointed, he or she shall immediately | ||||||
14 | assign the attorney or attorneys who are public defenders to | ||||||
15 | represent the defendant. The counsel shall meet the | ||||||
16 | qualifications as the Supreme Court shall by rule provide. At | ||||||
17 | the request of court appointed counsel in a case in which the | ||||||
18 | death penalty is sought, attorneys employed by the State | ||||||
19 | Appellate Defender may enter an appearance for the limited | ||||||
20 | purpose of assisting counsel appointed under this Section.
| ||||||
21 | Section 2-10. Court appointed trial counsel; compensation | ||||||
22 | and expenses. | ||||||
23 | (a) This Section applies only to compensation and expenses | ||||||
24 | of trial counsel appointed by the court as set forth in Section |
| |||||||
| |||||||
1 | 5, other than public defenders, for the period after | ||||||
2 | arraignment and so long as the State's Attorney has not, at any | ||||||
3 | time, filed a certificate indicating he or she will not seek | ||||||
4 | the death penalty or stated on the record in open court that | ||||||
5 | the 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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 | ||||||
23 | presentment and certification by the circuit court of a claim | ||||||
24 | for services detailing the date, activity, and time duration | ||||||
25 | for which compensation is sought. Compensation for appointed | ||||||
26 | trial counsel may be paid at a reasonable rate not to exceed |
| |||||||
| |||||||
1 | $125 per hour. The court shall not authorize payment of bills | ||||||
2 | that are not properly itemized. A request for payment shall be | ||||||
3 | presented under seal and reviewed ex parte with a court | ||||||
4 | reporter present.
Every January 20, the statutory rate | ||||||
5 | prescribed in this subsection shall be automatically increased | ||||||
6 | or decreased, as applicable, by a percentage equal to the | ||||||
7 | percentage change in the consumer price index-u during the | ||||||
8 | preceding 12-month calendar year. "Consumer price index-u" | ||||||
9 | means the index published by the Bureau of Labor Statistics of | ||||||
10 | the United States Department of Labor that measures the | ||||||
11 | average change in prices of goods and services purchased by | ||||||
12 | all urban consumers, United States city average, all items, | ||||||
13 | 1982-84=100. The new rate resulting from each annual | ||||||
14 | adjustment shall be determined by the State Treasurer and made | ||||||
15 | available to the chief judge of each judicial circuit. | ||||||
16 | (c) Appointed trial counsel may also petition the court | ||||||
17 | for certification of expenses for reasonable and necessary | ||||||
18 | capital litigation expenses including, but not limited to, | ||||||
19 | investigatory and other assistance, expert, forensic, and | ||||||
20 | other witnesses, and mitigation specialists. Each provider of | ||||||
21 | proposed services must specify the best preliminary estimate | ||||||
22 | that can be made in light of information received in the case | ||||||
23 | at that point, and the provider must sign this estimate under | ||||||
24 | the provisions of Section 1-109 of the Code of Civil | ||||||
25 | Procedure. A provider of proposed services must also specify: | ||||||
26 | (1) his or her hourly rate; (2) the hourly rate of anyone else |
| |||||||
| |||||||
1 | in his or her employ for whom reimbursement is sought; and (3) | ||||||
2 | the hourly rate of any person or entity that may be | ||||||
3 | subcontracted to perform these services. Counsel may not | ||||||
4 | petition for certification of expenses that may have been | ||||||
5 | provided or compensated by the State Appellate Defender under | ||||||
6 | item (c)(5.1) of Section 10 of the State Appellate Defender | ||||||
7 | Act. The petitions shall be filed under seal and considered ex | ||||||
8 | parte but with a court reporter present for all ex parte | ||||||
9 | conferences. If the requests are submitted after services have | ||||||
10 | been rendered, the requests shall be supported by an invoice | ||||||
11 | describing the services rendered, the dates the services were | ||||||
12 | performed and the amount of time spent. These petitions shall | ||||||
13 | be reviewed by both the trial judge and the presiding judge of | ||||||
14 | the circuit court or the presiding judge's designee. The | ||||||
15 | petitions and orders shall be kept under seal and shall be | ||||||
16 | exempt from Freedom of Information requests until the | ||||||
17 | conclusion of the trial, even if the prosecution chooses not | ||||||
18 | to pursue the death penalty prior to trial or sentencing. If an | ||||||
19 | ex parte hearing is requested by defense counsel or deemed | ||||||
20 | necessary by the trial judge, the hearing shall be before the | ||||||
21 | presiding judge or the presiding judge's designee. | ||||||
22 | (d) Appointed trial counsel shall petition the court for | ||||||
23 | certification of compensation and expenses under this Section | ||||||
24 | periodically during the course of counsel's representation. | ||||||
25 | The petitions shall be supported by itemized bills showing the | ||||||
26 | date, the amount of time spent, the work done, and the total |
| |||||||
| |||||||
1 | being charged for each entry. The court shall not authorize | ||||||
2 | payment of bills that are not properly itemized. The court | ||||||
3 | must certify reasonable and necessary expenses of the | ||||||
4 | petitioner for travel and per diem (lodging, meals, and | ||||||
5 | incidental expenses). These expenses must be paid at the rate | ||||||
6 | as promulgated by the United States General Services | ||||||
7 | Administration for these expenses for the date and location in | ||||||
8 | which they were incurred, unless extraordinary reasons are | ||||||
9 | shown for the difference. The petitions shall be filed under | ||||||
10 | seal and considered ex parte but with a court reporter present | ||||||
11 | for all ex parte conferences. The petitions shall be reviewed | ||||||
12 | by both the trial judge and the presiding judge of the circuit | ||||||
13 | court or the presiding judge's designee. If an ex parte | ||||||
14 | hearing is requested by defense counsel or deemed necessary by | ||||||
15 | the trial judge, the ex parte hearing shall be before the | ||||||
16 | presiding judge or the presiding judge's designee. If the | ||||||
17 | court determines that the compensation and expenses should be | ||||||
18 | paid from the Capital Litigation Trust Fund, the court shall | ||||||
19 | certify, on a form created by the State Treasurer, that all or | ||||||
20 | a designated portion of the amount requested is reasonable, | ||||||
21 | necessary, and appropriate for payment from the Trust Fund. | ||||||
22 | The form must also be signed by lead trial counsel under the | ||||||
23 | provisions of Section 1-109 of the Code of Civil Procedure | ||||||
24 | verifying that the amount requested is reasonable, necessary, | ||||||
25 | and appropriate. Bills submitted for payment by any individual | ||||||
26 | or entity seeking payment from the Capital Litigation Trust |
| |||||||
| |||||||
1 | Fund must also be accompanied by a form created by the State | ||||||
2 | Treasurer and signed by the individual or responsible agent of | ||||||
3 | the entity under the provisions of Section 1-109 of the Code of | ||||||
4 | Civil Procedure that the amount requested is accurate and | ||||||
5 | truthful and reflects time spent or expenses incurred. | ||||||
6 | Certification of compensation and expenses by a court in any | ||||||
7 | county other than Cook County shall be delivered by the court | ||||||
8 | to the State Treasurer and must be paid by the State Treasurer | ||||||
9 | directly from the Capital Litigation Trust Fund if there are | ||||||
10 | sufficient moneys in the Trust Fund to pay the compensation | ||||||
11 | and expenses. If the State Treasurer finds within 14 days of | ||||||
12 | his or her receipt of a certification that the compensation | ||||||
13 | and expenses to be paid are unreasonable, unnecessary, or | ||||||
14 | inappropriate, he or she may return the certification to the | ||||||
15 | court setting forth in detail the objection or objections with | ||||||
16 | a request for the court to review the objection or objections | ||||||
17 | before resubmitting the certification. The State Treasurer | ||||||
18 | must send the claimant a copy of the objection or objections. | ||||||
19 | The State Treasurer may only seek a review of a specific | ||||||
20 | objection once. The claimant has 7 days from his or her receipt | ||||||
21 | of the objections to file a response with the court. With or | ||||||
22 | without further hearing, the court must promptly rule on the | ||||||
23 | objections. The petitions and orders shall be kept under seal | ||||||
24 | and shall be exempt from Freedom of Information requests until | ||||||
25 | the conclusion of the trial and appeal of the case, even if the | ||||||
26 | prosecution chooses not to pursue the death penalty prior to |
| |||||||
| |||||||
1 | trial or sentencing. Certification of compensation and | ||||||
2 | expenses by a court in Cook County shall be delivered by the | ||||||
3 | court to the county treasurer and paid by the county treasurer | ||||||
4 | from moneys granted to the county from the Capital Litigation | ||||||
5 | Trust Fund. | ||||||
6 | Section 2-15. Capital Litigation Trust Fund.
| ||||||
7 | (a) The Capital Litigation Trust Fund is created as a | ||||||
8 | special fund in the State treasury. The Trust Fund shall be | ||||||
9 | administered by the State Treasurer to provide moneys for the | ||||||
10 | appropriations to be made, grants to be awarded, and | ||||||
11 | compensation and expenses to be paid under this Act. All | ||||||
12 | interest earned from the investment or deposit of moneys | ||||||
13 | accumulated in the Trust Fund shall, under Section 4.1 of the | ||||||
14 | State Finance Act, be deposited into the Trust Fund. | ||||||
15 | (b) Moneys deposited into the Trust Fund shall not be | ||||||
16 | considered general revenue of the State of Illinois. | ||||||
17 | (c) Moneys deposited into the Trust Fund shall be used | ||||||
18 | exclusively for the purposes of providing funding for the | ||||||
19 | prosecution and defense of capital cases and for providing | ||||||
20 | funding for post-conviction proceedings in capital cases under | ||||||
21 | Article 122 of the Code of Criminal Procedure of 1963 and in | ||||||
22 | relation to petitions filed under Section 2-1401 of the Code | ||||||
23 | of Civil Procedure in relation to capital cases as provided in | ||||||
24 | this Act and shall not be appropriated, loaned, or in any | ||||||
25 | manner transferred to the General Revenue Fund of the State of |
| |||||||
| |||||||
1 | Illinois. | ||||||
2 | (d) Every fiscal year the State Treasurer shall transfer | ||||||
3 | from the General Revenue Fund to the Capital Litigation Trust | ||||||
4 | Fund an amount equal to the full amount of moneys appropriated | ||||||
5 | by the General Assembly (both by original and supplemental | ||||||
6 | appropriation), less any unexpended balance from the previous | ||||||
7 | fiscal year, from the Capital Litigation Trust Fund for the | ||||||
8 | specific purpose of making funding available for the | ||||||
9 | prosecution and defense of capital cases and for the | ||||||
10 | litigation expenses associated with post-conviction | ||||||
11 | proceedings in capital cases under Article 122 of the Code of | ||||||
12 | Criminal Procedure of 1963 and in relation to petitions filed | ||||||
13 | under Section 2-1401 of the Code of Civil Procedure in | ||||||
14 | relation to capital cases. The Public Defender and State's | ||||||
15 | Attorney in Cook County, the State Appellate Defender, the | ||||||
16 | State's Attorneys Appellate Prosecutor, and the Attorney | ||||||
17 | General shall make annual requests for appropriations from the | ||||||
18 | Trust 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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
14 | follows: | ||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
21 | State Appellate Defender, the State's Attorneys Appellate | ||||||
22 | Prosecutor, the Attorney General, and the State Treasurer. The | ||||||
23 | State Appellate Defender shall receive an appropriation from | ||||||
24 | the Trust Fund to enable it to provide assistance to appointed | ||||||
25 | defense counsel and attorneys approved by or contracted with | ||||||
26 | the State Appellate Defender to represent petitioners in |
| |||||||
| |||||||
1 | post-conviction proceedings in capital cases under Article 122 | ||||||
2 | of the Code of Criminal Procedure of 1963 and in relation to | ||||||
3 | petitions filed under Section 2-1401 of the Code of Civil | ||||||
4 | Procedure in relation to capital cases throughout the State | ||||||
5 | and to Public Defenders in counties other than Cook. The | ||||||
6 | State's Attorneys Appellate Prosecutor and the Attorney | ||||||
7 | General shall receive appropriations from the Trust Fund to | ||||||
8 | enable them to provide assistance to State's Attorneys in | ||||||
9 | counties other than Cook County and when the Attorney General | ||||||
10 | is ordered by the presiding judge of the Criminal Division of | ||||||
11 | the Circuit Court of Cook County to prosecute or supervise the | ||||||
12 | prosecution of Cook County cases. Moneys shall be appropriated | ||||||
13 | to the State Treasurer to enable the Treasurer: (i) to make | ||||||
14 | grants to Cook County; (ii) to pay the expenses of Public | ||||||
15 | Defenders, the State Appellate Defender, the Attorney General, | ||||||
16 | the Office of the State's Attorneys Appellate Prosecutor, and | ||||||
17 | State's Attorneys in counties other than Cook County; (iii) to | ||||||
18 | pay the expenses and compensation of appointed defense counsel | ||||||
19 | and attorneys approved by or contracted with the State | ||||||
20 | Appellate Defender to represent petitioners in post-conviction | ||||||
21 | proceedings in capital cases under Article 122 of the Code of | ||||||
22 | Criminal Procedure of 1963 and in relation to petitions filed | ||||||
23 | under Section 2-1401 of the Code of Civil Procedure in | ||||||
24 | relation to capital cases in counties other than Cook County; | ||||||
25 | and (iv) to pay the costs of administering the Trust Fund. All | ||||||
26 | expenditures and grants made from the Trust Fund shall be |
| |||||||
| |||||||
1 | subject to audit by the Auditor General. | ||||||
2 | (g) For Cook County, grants from the Trust Fund shall be | ||||||
3 | made 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 |
| |||||||
| |||||||
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 | ||||||
13 | represented by court appointed counsel other than the Cook | ||||||
14 | County Public Defender, the appointed counsel shall petition | ||||||
15 | the court for an order directing the Cook County Treasurer to | ||||||
16 | pay the court appointed counsel's reasonable and necessary | ||||||
17 | compensation and capital litigation expenses from grant moneys | ||||||
18 | provided from the Trust Fund. The petitions shall be supported | ||||||
19 | by itemized bills showing the date, the amount of time spent, | ||||||
20 | the work done, and the total being charged for each entry. The | ||||||
21 | court shall not authorize payment of bills that are not | ||||||
22 | properly itemized. The petitions shall be filed under seal and | ||||||
23 | considered ex parte but with a court reporter present for all | ||||||
24 | ex parte conferences. The petitions shall be reviewed by both | ||||||
25 | the trial judge and the presiding judge of the circuit court or | ||||||
26 | the presiding judge's designee. The petitions and orders shall |
| |||||||
| |||||||
1 | be kept under seal and shall be exempt from Freedom of | ||||||
2 | Information requests until the conclusion of the trial and | ||||||
3 | appeal of the case, even if the prosecution chooses not to | ||||||
4 | pursue the death penalty prior to trial or sentencing. Orders | ||||||
5 | denying petitions for compensation or expenses are final. | ||||||
6 | Counsel may not petition for expenses that may have been | ||||||
7 | provided or compensated by the State Appellate Defender under | ||||||
8 | item (c)(5.1) of Section 10 of the State Appellate Defender | ||||||
9 | Act. | ||||||
10 | (i) In counties other than Cook County, and when the | ||||||
11 | Attorney General is ordered by the presiding judge of the | ||||||
12 | Criminal Division of the Circuit Court of Cook County to | ||||||
13 | prosecute or supervise the prosecution of Cook County cases, | ||||||
14 | and excluding capital litigation expenses or services that may | ||||||
15 | have 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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 | ||||||
15 | Act of the General Assembly or by operation of law, any balance | ||||||
16 | remaining in the Trust Fund shall be returned to the General | ||||||
17 | Revenue Fund after deduction of administrative costs, any | ||||||
18 | other provision of this Act to the contrary notwithstanding.
| ||||||
19 | Section 2-90. The Freedom of Information Act is amended by | ||||||
20 | changing Section 7.5 as follows:
| ||||||
21 | (5 ILCS 140/7.5)
| ||||||
22 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
23 | by the statutes referenced below, the following shall be | ||||||
24 | exempt from inspection and copying: |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; | ||||||
16 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
17 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
18 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
19 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
20 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
21 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
22 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
23 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.) | ||||||
24 | Section 2-95. The State Finance Act is amended by adding | ||||||
25 | Section 5.990 as follows: |
| |||||||
| |||||||
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 | ||||||
5 | repealing Section 5.790. | ||||||
6 | Section 2-105. The Criminal Code of 2012 is amended by | ||||||
7 | changing 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; | ||||||
10 | exceptions; separate
hearings; proof; findings; appellate | ||||||
11 | procedures; reversals.
| ||||||
12 | (a) A person who kills an individual without lawful | ||||||
13 | justification commits
first degree murder if, in performing | ||||||
14 | the 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 |
| |||||||
| |||||||
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 | ||||||
6 | the
commission of the offense has attained the age of 18 or | ||||||
7 | more and who has
been found guilty of first degree murder may | ||||||
8 | be 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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
7 | defendant who has been found guilty of first degree murder and | ||||||
8 | who at the time of the commission of the offense had attained | ||||||
9 | the age of 18 years or more may be sentenced to natural life | ||||||
10 | imprisonment if
(i) the murdered individual was a physician, | ||||||
11 | physician assistant, psychologist, nurse, or advanced practice | ||||||
12 | registered nurse, (ii) the defendant knew or should have
known | ||||||
13 | that the murdered individual was a physician, physician | ||||||
14 | assistant, psychologist, nurse, or advanced practice | ||||||
15 | registered nurse, and (iii) the murdered individual was killed | ||||||
16 | in the course of acting in his or her capacity as a physician, | ||||||
17 | physician assistant, psychologist, nurse, or advanced practice | ||||||
18 | registered nurse, or to prevent him or her from acting in that | ||||||
19 | capacity, or in retaliation
for his or her acting in that | ||||||
20 | capacity. | ||||||
21 | (c) Consideration of factors in Aggravation and | ||||||
22 | Mitigation.
| ||||||
23 | The court shall consider, or shall instruct the jury to | ||||||
24 | consider any
aggravating and any mitigating factors which are | ||||||
25 | relevant to the
imposition of the death penalty. Aggravating | ||||||
26 | factors may include but
need not be limited to those factors |
| |||||||
| |||||||
1 | set forth in subsection (b).
Mitigating factors may include | ||||||
2 | but 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 | ||||||
22 | mitigate first degree murder cannot qualify as a mitigating | ||||||
23 | factor for first degree murder because of the discovery, | ||||||
24 | knowledge, or disclosure of the victim's sexual orientation as | ||||||
25 | defined in Section 1-103 of the Illinois Human Rights Act. | ||||||
26 | (d) Separate sentencing hearing.
|
| |||||||
| |||||||
1 | Where requested by the State, the court shall conduct a | ||||||
2 | separate
sentencing proceeding to determine the existence of | ||||||
3 | factors set forth in
subsection (b) and to consider any | ||||||
4 | aggravating 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 | ||||||
20 | the factors
set forth in subsection (b) may be presented by | ||||||
21 | either the State or the
defendant under the rules governing | ||||||
22 | the admission of evidence at
criminal trials. Any information | ||||||
23 | relevant to any additional aggravating
factors or any | ||||||
24 | mitigating factors indicated in subsection (c) may be
| ||||||
25 | presented by the State or defendant regardless of its | ||||||
26 | admissibility
under the rules governing the admission of |
| |||||||
| |||||||
1 | evidence at criminal trials.
The State and the defendant shall | ||||||
2 | be given fair opportunity to rebut any
information received at | ||||||
3 | the hearing.
| ||||||
4 | (f) Proof.
| ||||||
5 | The burden of proof of establishing the existence of any | ||||||
6 | of the
factors set forth in subsection (b) is on the State and | ||||||
7 | shall not be
satisfied unless established beyond a reasonable | ||||||
8 | doubt.
| ||||||
9 | (g) Procedure - Jury.
| ||||||
10 | If at the separate sentencing proceeding the jury finds | ||||||
11 | that none of
the factors set forth in subsection (b) exists, | ||||||
12 | the court shall sentence
the defendant to a term of | ||||||
13 | imprisonment under Chapter V of the Unified
Code of | ||||||
14 | Corrections. If there is a unanimous finding by the jury that
| ||||||
15 | one or more of the factors set forth in subsection (b) exist, | ||||||
16 | the jury
shall consider aggravating and mitigating factors as | ||||||
17 | instructed by the
court and shall determine whether the | ||||||
18 | sentence of death shall be
imposed. If the jury determines | ||||||
19 | unanimously, after weighing the factors in
aggravation and | ||||||
20 | mitigation, that death is the appropriate sentence, the court | ||||||
21 | shall sentence the defendant to death.
If the court does not | ||||||
22 | concur with the jury determination that death is the
| ||||||
23 | appropriate sentence, the court shall set forth reasons in | ||||||
24 | writing
including what facts or circumstances the court relied | ||||||
25 | upon,
along with any relevant
documents, that compelled the | ||||||
26 | court to non-concur with the sentence. This
document and any |
| |||||||
| |||||||
1 | attachments shall be part of the record for appellate
review. | ||||||
2 | The court shall be bound by the jury's sentencing | ||||||
3 | determination.
| ||||||
4 | If after weighing the factors in aggravation and | ||||||
5 | mitigation, one or more
jurors determines that death is not | ||||||
6 | the appropriate sentence,
the
court shall sentence the | ||||||
7 | defendant to a term of imprisonment under
Chapter V of the | ||||||
8 | Unified Code of Corrections.
| ||||||
9 | (h) Procedure - No Jury.
| ||||||
10 | In a proceeding before the court alone, if the court finds | ||||||
11 | that none
of the factors found in subsection (b) exists, the | ||||||
12 | court shall sentence
the defendant to a term of imprisonment | ||||||
13 | under Chapter V of the Unified
Code of Corrections.
| ||||||
14 | If the Court determines that one or more of the factors set | ||||||
15 | forth in
subsection (b) exists, the Court shall consider any | ||||||
16 | aggravating and
mitigating factors as indicated in subsection | ||||||
17 | (c). If the Court
determines, after weighing the factors in | ||||||
18 | aggravation and mitigation, that
death is the appropriate | ||||||
19 | sentence, the Court shall sentence the
defendant to death.
| ||||||
20 | If
the court finds that death is not the
appropriate | ||||||
21 | sentence, the
court shall sentence the defendant to a term of | ||||||
22 | imprisonment under
Chapter V of the Unified Code of | ||||||
23 | Corrections.
| ||||||
24 | (h-5) Decertification as a capital case.
| ||||||
25 | In a case in which the defendant has been found guilty of | ||||||
26 | first degree murder
by a judge or jury, or a case on remand for |
| |||||||
| |||||||
1 | resentencing, and the State seeks
the death penalty as an | ||||||
2 | appropriate
sentence,
on the court's own motion or the written | ||||||
3 | motion of the defendant, the court
may decertify the case as a | ||||||
4 | death penalty case if the court finds that the only
evidence | ||||||
5 | supporting the defendant's conviction is the uncorroborated | ||||||
6 | testimony
of an informant witness, as defined in Section | ||||||
7 | 115-21 of the Code of Criminal
Procedure of 1963, concerning | ||||||
8 | the confession or admission of the defendant or
that the sole | ||||||
9 | evidence against the defendant is a single eyewitness or | ||||||
10 | single
accomplice without any other corroborating evidence.
If | ||||||
11 | the court decertifies the case as a capital case
under either | ||||||
12 | of the grounds set forth above, the court shall issue a
written | ||||||
13 | finding. The State may pursue its right to appeal the | ||||||
14 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
15 | the court does not
decertify the case as a capital case, the | ||||||
16 | matter shall proceed to the
eligibility phase of the | ||||||
17 | sentencing hearing.
| ||||||
18 | (i) Appellate Procedure.
| ||||||
19 | The conviction and sentence of death shall be subject to | ||||||
20 | automatic
review by the Supreme Court. Such review shall be in | ||||||
21 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
22 | Illinois Supreme Court may overturn the death sentence, and | ||||||
23 | order the
imposition of imprisonment under Chapter V of the | ||||||
24 | Unified Code of
Corrections if the court finds that the death | ||||||
25 | sentence is fundamentally
unjust as applied to the particular | ||||||
26 | case.
If the Illinois Supreme Court finds that the
death |
| |||||||
| |||||||
1 | sentence is fundamentally unjust as applied to the particular | ||||||
2 | case,
independent of any procedural grounds for relief, the | ||||||
3 | Illinois Supreme Court
shall issue a written opinion | ||||||
4 | explaining this finding.
| ||||||
5 | (j) Disposition of reversed death sentence.
| ||||||
6 | In the event that the death penalty in this Act is held to | ||||||
7 | be
unconstitutional by the Supreme Court of the United States | ||||||
8 | or of the
State of Illinois, any person convicted of first | ||||||
9 | degree murder shall be
sentenced by the court to a term of | ||||||
10 | imprisonment under Chapter V of the
Unified Code of | ||||||
11 | Corrections.
| ||||||
12 | In the event that any death sentence pursuant to the | ||||||
13 | sentencing
provisions of this Section is declared | ||||||
14 | unconstitutional by the Supreme
Court of the United States or | ||||||
15 | of the State of Illinois, the court having
jurisdiction over a | ||||||
16 | person previously sentenced to death shall cause the
defendant | ||||||
17 | to be brought before the court, and the court shall sentence
| ||||||
18 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
19 | Unified Code of Corrections.
| ||||||
20 | (k) Guidelines for seeking the death penalty.
| ||||||
21 | The Attorney General and
State's Attorneys Association | ||||||
22 | shall consult on voluntary guidelines for
procedures governing | ||||||
23 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
24 | have 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; | ||||||
26 | 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff. |
| |||||||
| |||||||
1 | 7-1-21 .)
| ||||||
2 | Section 2-110. The Code of Criminal Procedure of 1963 is | ||||||
3 | amended 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 | ||||||
6 | be
allowed counsel before pleading to the charge. If the | ||||||
7 | defendant desires
counsel and has been unable to obtain same | ||||||
8 | before arraignment the court
shall recess court or continue | ||||||
9 | the cause for a reasonable time to permit
defendant to obtain | ||||||
10 | counsel and consult with him before pleading to the
charge. If | ||||||
11 | the accused is a dissolved corporation, and is not represented
| ||||||
12 | by counsel, the court may, in the interest of justice, appoint | ||||||
13 | as counsel a
licensed attorney of this State.
| ||||||
14 | (b) In all cases, except where
the penalty is a fine only, | ||||||
15 | if the
court determines that the defendant is indigent and | ||||||
16 | desires counsel, the
Public Defender shall be appointed as | ||||||
17 | counsel. If there is no Public
Defender in the county or if the | ||||||
18 | defendant requests counsel other than
the Public Defender and | ||||||
19 | the court finds that the rights of the defendant
will be | ||||||
20 | prejudiced by the appointment of the Public Defender, the | ||||||
21 | court
shall appoint as counsel a licensed attorney at law of | ||||||
22 | this State,
except that in a county having a population of | ||||||
23 | 2,000,000 or
more the
Public Defender shall be appointed as | ||||||
24 | counsel in all misdemeanor cases
where the defendant is |
| |||||||
| |||||||
1 | indigent and desires counsel unless the case
involves multiple | ||||||
2 | defendants, in which case the court may appoint
counsel other | ||||||
3 | than the Public Defender for the additional defendants.
The | ||||||
4 | court shall require an affidavit signed by any defendant who
| ||||||
5 | requests court-appointed counsel. Such affidavit shall be in | ||||||
6 | the form
established by the Supreme Court containing
| ||||||
7 | sufficient information to ascertain the assets and liabilities | ||||||
8 | of that
defendant. The Court may direct the Clerk of the | ||||||
9 | Circuit Court to
assist the defendant in the completion of the | ||||||
10 | affidavit. Any person who
knowingly files such affidavit | ||||||
11 | containing false information concerning
his assets and | ||||||
12 | liabilities shall be liable to the county where the
case, in | ||||||
13 | which such false affidavit is filed, is pending for the
| ||||||
14 | reasonable value of the services rendered by the public | ||||||
15 | defender or
other court-appointed counsel in the case to the | ||||||
16 | extent that such
services were unjustly or falsely procured.
| ||||||
17 | (c) Upon the filing with the court of a verified statement | ||||||
18 | of
services rendered the court shall order the county | ||||||
19 | treasurer of the
county of trial to pay counsel other than the | ||||||
20 | Public Defender a reasonable fee.
The court shall consider all | ||||||
21 | relevant circumstances, including but not limited
to the time | ||||||
22 | spent while court is in session, other time spent in | ||||||
23 | representing
the defendant, and expenses reasonably incurred | ||||||
24 | by counsel. In counties
with a population greater than | ||||||
25 | 2,000,000,
the court shall order the county
treasurer of the | ||||||
26 | county of trial to pay counsel other than the Public Defender
a |
| |||||||
| |||||||
1 | reasonable fee stated in the order and based upon a rate of | ||||||
2 | compensation
of not more than $40 for each hour spent while | ||||||
3 | court is in session and
not more than $30 for each hour | ||||||
4 | otherwise spent representing a
defendant, and such | ||||||
5 | compensation shall not exceed $150 for each
defendant | ||||||
6 | represented in misdemeanor cases and $1250 in felony cases, in
| ||||||
7 | addition to expenses reasonably incurred as hereinafter in | ||||||
8 | this Section
provided, except that, in extraordinary | ||||||
9 | circumstances, payment in excess
of the limits herein stated | ||||||
10 | may be made if the trial court certifies
that such payment is | ||||||
11 | necessary to provide fair compensation for
protracted | ||||||
12 | representation. A trial court may entertain the filing of this
| ||||||
13 | verified statement before the termination of the cause, and | ||||||
14 | may order the
provisional payment of sums during the pendency | ||||||
15 | of the cause.
| ||||||
16 | (d) In capital cases, in addition to counsel, if the court
| ||||||
17 | determines that the defendant is indigent the court may, upon | ||||||
18 | the filing
with the court of a verified statement of services | ||||||
19 | rendered, order the
county Treasurer of the county of trial to | ||||||
20 | pay necessary expert
witnesses for defendant reasonable | ||||||
21 | compensation stated in the order not
to exceed $250 for each | ||||||
22 | defendant.
| ||||||
23 | (e) If the court in any county having a population greater | ||||||
24 | than
2,000,000 determines that the defendant is indigent the | ||||||
25 | court
may, upon the filing with the court of a verified | ||||||
26 | statement of such expenses,
order the county treasurer of the |
| |||||||
| |||||||
1 | county of trial, in such counties
having a population greater | ||||||
2 | than 2,000,000 to pay the general
expenses of the trial | ||||||
3 | incurred by the defendant not to exceed $50 for each
| ||||||
4 | defendant.
| ||||||
5 | (f) The provisions of this Section relating to appointment | ||||||
6 | of counsel,
compensation of counsel, and payment of expenses
| ||||||
7 | in capital cases apply except when the compensation and | ||||||
8 | expenses are being
provided under the Capital Crimes | ||||||
9 | Litigation 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 | ||||||
14 | amendatory Act of the 96th General Assembly, notwithstanding | ||||||
15 | any other law to the contrary, the death penalty is abolished | ||||||
16 | and a sentence to death may not be imposed. | ||||||
17 | (b) All unobligated and unexpended moneys remaining in the | ||||||
18 | Capital Litigation Trust Fund on the effective date of this | ||||||
19 | amendatory Act of the 96th General Assembly shall be | ||||||
20 | transferred into the Death Penalty Abolition Fund on the | ||||||
21 | effective date of this amendatory Act of the 103rd General | ||||||
22 | Assembly shall be transferred into the Capital Litigation | ||||||
23 | Trust Fund , a special fund in the State treasury, to be | ||||||
24 | expended by the Illinois Criminal Justice Information | ||||||
25 | Authority, for services for families of victims of homicide or |
| |||||||
| |||||||
1 | murder 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 | ||||||
4 | by 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 | ||||||
8 | persons on
appeal in criminal and delinquent minor | ||||||
9 | proceedings, when appointed to do so by
a court under a Supreme | ||||||
10 | Court Rule or law of this State.
| ||||||
11 | (b) The State Appellate Defender shall submit a budget for | ||||||
12 | the
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 | ||||||
13 | Unit and Capital Post Conviction Unit of the State Appellate | ||||||
14 | Defender shall be authorized to
inquire
through the Illinois | ||||||
15 | State Police or local law enforcement with the Law
Enforcement
| ||||||
16 | Agencies Data System (LEADS) under Section 2605-375 of the | ||||||
17 | Illinois State Police Law of the Civil Administrative
Code of | ||||||
18 | Illinois to ascertain whether their potential witnesses have a | ||||||
19 | criminal
background, including, but not limited to: (i) | ||||||
20 | warrants; (ii) arrests; (iii) convictions; and (iv)
officer
| ||||||
21 | safety information. This authorization applies only to | ||||||
22 | information held on the
State
level and shall be used only to | ||||||
23 | protect the personal safety of the
investigators. Any
| ||||||
24 | information that is obtained through this inquiry may not be | ||||||
25 | disclosed by the
investigators. | ||||||
26 | (c-5) For each State fiscal year, the State Appellate |
| |||||||
| |||||||
1 | Defender shall request a direct appropriation from the Capital | ||||||
2 | Litigation Trust Fund for expenses incurred by the State | ||||||
3 | Appellate Defender in providing assistance to trial attorneys | ||||||
4 | under paragraph (5.1) of subsection (c) of this Section and | ||||||
5 | for expenses incurred by the State Appellate Defender in | ||||||
6 | representing petitioners in capital cases in post-conviction | ||||||
7 | proceedings under Article 122 of the Code of Criminal | ||||||
8 | Procedure of 1963 and in relation to petitions filed under | ||||||
9 | Section 2-1401 of the Code of Civil Procedure in relation to | ||||||
10 | capital cases and for the representation of those petitioners | ||||||
11 | by attorneys approved by or contracted with the State | ||||||
12 | Appellate Defender and an appropriation to the State Treasurer | ||||||
13 | for payments from the Trust Fund for the defense of cases in | ||||||
14 | counties other than Cook County. The State Appellate Defender | ||||||
15 | may appear before the
General Assembly at other times during | ||||||
16 | the State's fiscal year to request
supplemental appropriations | ||||||
17 | from the Trust Fund to the State Treasurer. | ||||||
18 | (d) (Blank).
| ||||||
19 | (e) The requirement for reporting to the General Assembly | ||||||
20 | shall be
satisfied
by filing copies of the report as required | ||||||
21 | by Section 3.1 of the General Assembly Organization
Act and | ||||||
22 | filing such additional copies with the State Government Report
| ||||||
23 | Distribution Center for
the General Assembly as is required | ||||||
24 | under 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.)
|
| |||||||
| |||||||
1 | Article 3. | ||||||
2 | Section 3-5. The Illinois Pension Code is amended by | ||||||
3 | changing Sections 3-111, 3-111.1, 3-112, 4-109, 4-109.1, and | ||||||
4 | 4-114 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 | ||||||
8 | of creditable service, who is not a participant in the
| ||||||
9 | self-managed plan under Section 3-109.3 and who is no longer | ||||||
10 | in service
as a police officer, shall receive a pension of 1/2 | ||||||
11 | of the salary
attached to the rank held by the officer on the | ||||||
12 | police force for one year
immediately prior to retirement or, | ||||||
13 | beginning July 1, 1987 for persons
terminating service on or | ||||||
14 | after that date, the salary attached to the rank
held on the | ||||||
15 | last day of service or for one year prior to the last day,
| ||||||
16 | whichever is greater. The pension shall be increased by 2.5%
| ||||||
17 | of such salary for each additional year of service over 20 | ||||||
18 | years of service
through 30 years of service, to a maximum of | ||||||
19 | 75% of such
salary.
| ||||||
20 | The changes made to this subsection (a) by this amendatory | ||||||
21 | Act of the
91st General Assembly apply to all pensions that | ||||||
22 | become payable under this
subsection on or after January 1, | ||||||
23 | 1999. All pensions payable under this
subsection that began on | ||||||
24 | or after January 1, 1999 and before the effective date
of this |
| |||||||
| |||||||
1 | amendatory Act shall be recalculated, and the amount of the | ||||||
2 | increase
accruing for that period shall be payable to the | ||||||
3 | pensioner in a lump sum.
| ||||||
4 | (a-5) No pension in effect on or granted after June 30, | ||||||
5 | 1973 shall be
less than $200 per month. Beginning July 1, 1987, | ||||||
6 | the minimum retirement
pension for a police officer having at | ||||||
7 | least 20 years of creditable service
shall be $400 per month, | ||||||
8 | without regard to whether or not retirement occurred
prior to | ||||||
9 | that date.
If the minimum pension established in Section | ||||||
10 | 3-113.1 is greater than the
minimum provided in this | ||||||
11 | subsection, the Section 3-113.1 minimum controls.
| ||||||
12 | (b) A police officer mandatorily retired from service
due | ||||||
13 | to age by operation of law, having at least 8 but
less than 20 | ||||||
14 | years of creditable service, shall receive a pension
equal to | ||||||
15 | 2 1/2% of the salary attached to the rank he or she held on
the | ||||||
16 | police force for one year immediately prior to retirement or,
| ||||||
17 | beginning July 1, 1987 for persons terminating service on or | ||||||
18 | after that
date, the salary attached to the rank held on the | ||||||
19 | last day of service or
for one year prior to the last day, | ||||||
20 | whichever is greater, for each
year of creditable service.
| ||||||
21 | A police officer who retires or is separated from service | ||||||
22 | having at least 8
years but less than 20 years of creditable | ||||||
23 | service, who is not mandatorily
retired due to age by | ||||||
24 | operation of law, and who does not apply for a refund of
| ||||||
25 | contributions at his or her last separation from police | ||||||
26 | service, shall receive
a pension upon attaining age 60 equal |
| |||||||
| |||||||
1 | to 2.5% of the salary attached to the
rank held by the police | ||||||
2 | officer on the police force for one year immediately
prior to | ||||||
3 | retirement or, beginning July 1, 1987 for persons terminating | ||||||
4 | service
on or after that date, the salary attached to the rank | ||||||
5 | held on the last day of
service or for one year prior to the | ||||||
6 | last day, whichever is greater, for each
year of creditable | ||||||
7 | service.
| ||||||
8 | (c) A police officer no longer in service who has at least | ||||||
9 | one but less
than 8 years of creditable service in a police | ||||||
10 | pension fund but meets the
requirements of this subsection (c) | ||||||
11 | shall be eligible to receive a pension from
that fund equal to | ||||||
12 | 2.5% of the salary attached to the rank held on the last day
of | ||||||
13 | service under that fund or for one year prior to that last day, | ||||||
14 | whichever is
greater, for each year of creditable service in | ||||||
15 | that fund. The pension shall
begin no earlier than upon | ||||||
16 | attainment of age 60 (or upon mandatory retirement
from the | ||||||
17 | fund by operation of law due to age, if that occurs before age | ||||||
18 | 60) and
in no event before the effective date of this | ||||||
19 | amendatory Act of 1997.
| ||||||
20 | In order to be eligible for a pension under this | ||||||
21 | subsection (c), the police
officer must have at least 8 years | ||||||
22 | of creditable service in a second police
pension fund under | ||||||
23 | this Article and be receiving a pension under subsection (a)
| ||||||
24 | or (b) of this Section from that second fund. The police | ||||||
25 | officer need not be
in service on or after the effective date | ||||||
26 | of this amendatory Act of 1997.
|
| |||||||
| |||||||
1 | (d) (Blank). Notwithstanding any other provision of this | ||||||
2 | Article,
the provisions of this subsection (d) apply to a | ||||||
3 | person who is not a participant in the self-managed plan under | ||||||
4 | Section 3-109.3 and who first
becomes a police officer under | ||||||
5 | this Article on or after January 1, 2011. | ||||||
6 | A police officer age 55 or more who has 10 or more years of | ||||||
7 | service in that capacity shall be entitled at his option to | ||||||
8 | receive a monthly pension for his service as a police officer | ||||||
9 | computed by multiplying 2.5% for each year of such service by | ||||||
10 | his or her final average salary. | ||||||
11 | The pension of a police officer who is retiring after | ||||||
12 | attaining age 50 with 10 or more years of creditable service | ||||||
13 | shall be reduced by one-half of 1% for each month that the | ||||||
14 | police officer's age is under age 55. | ||||||
15 | The maximum pension under this subsection (d) shall be 75%
| ||||||
16 | of final average salary. | ||||||
17 | For the purposes of this subsection (d), "final average | ||||||
18 | salary" means the greater of: (i) the average monthly salary | ||||||
19 | obtained by dividing the total salary of the police officer | ||||||
20 | during the 48 consecutive months of service within the last 60 | ||||||
21 | months of service in which the total salary was the highest by | ||||||
22 | the number of months of service in that period; or (ii) the | ||||||
23 | average monthly salary obtained by dividing the total salary | ||||||
24 | of the police officer during the 96 consecutive months of | ||||||
25 | service within the last 120 months of service in which the | ||||||
26 | total salary was the highest by the number of months of service |
| |||||||
| |||||||
1 | in that period. | ||||||
2 | Beginning on January 1, 2011, for all purposes under
this | ||||||
3 | Code (including without limitation the calculation of
benefits | ||||||
4 | and employee contributions), the annual salary
based on the | ||||||
5 | plan year of a member or participant to whom this Section | ||||||
6 | applies shall not exceed $106,800; however, that amount shall | ||||||
7 | annually thereafter be increased by the lesser of (i) 3% of | ||||||
8 | that amount, including all previous adjustments, or (ii) the | ||||||
9 | annual unadjusted percentage increase (but not less than zero) | ||||||
10 | in the consumer price index-u for the 12 months ending with the | ||||||
11 | September preceding each November 1, including all previous | ||||||
12 | adjustments. | ||||||
13 | Nothing in this amendatory Act of the 101st General | ||||||
14 | Assembly shall cause or otherwise result in any retroactive | ||||||
15 | adjustment 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 | ||||||
20 | pension of a
police officer who retires after July 1, 1971, and | ||||||
21 | prior to January 1, 1986,
shall be increased, upon either the | ||||||
22 | first of the month following the first
anniversary of the date | ||||||
23 | of retirement if the officer is 60 years of age or over
at | ||||||
24 | retirement date, or upon the first day of the month following | ||||||
25 | attainment of
age 60 if it occurs after the first anniversary |
| |||||||
| |||||||
1 | of retirement, by 3% of the
originally granted pension and by | ||||||
2 | an additional 3% of the originally granted
pension in January | ||||||
3 | of each year thereafter.
| ||||||
4 | (b) The monthly pension of a police officer who retired | ||||||
5 | from service
with 20 or more years of service, on or before | ||||||
6 | July 1, 1971, shall be
increased in January of the year | ||||||
7 | following the year of attaining age 65 or
in January of 1972, | ||||||
8 | if then over age 65, by 3% of the originally granted
pension | ||||||
9 | for each year the police officer received pension payments. In | ||||||
10 | each
January thereafter, he or she shall receive an additional | ||||||
11 | increase of 3% of
the original pension.
| ||||||
12 | (c) The monthly pension of a police officer who retires on | ||||||
13 | disability or
is retired for disability shall be increased in | ||||||
14 | January of the year
following the year of attaining age 60, by | ||||||
15 | 3% of the original grant of
pension for each year he or she | ||||||
16 | received pension payments. In each January
thereafter, the | ||||||
17 | police officer shall receive an additional increase of 3%
of | ||||||
18 | the original pension.
| ||||||
19 | (d) The monthly pension of a police officer who retires | ||||||
20 | after January
1, 1986, shall be increased, upon either the | ||||||
21 | first of the month following
the first anniversary of the date | ||||||
22 | of retirement if the officer is 55 years
of age or over, or | ||||||
23 | upon the first day of the month
following attainment of age 55 | ||||||
24 | if it occurs after the first anniversary of
retirement, by | ||||||
25 | 1/12 of 3% of the originally granted pension for each full
| ||||||
26 | month that has elapsed since the pension began, and by an
|
| |||||||
| |||||||
1 | additional 3% of the originally granted pension in January of | ||||||
2 | each year
thereafter.
| ||||||
3 | The changes made to this subsection (d) by this amendatory | ||||||
4 | Act of the 91st
General Assembly apply to all initial | ||||||
5 | increases that become payable under this
subsection on or | ||||||
6 | after January 1, 1999. All initial increases that became
| ||||||
7 | payable under this subsection on or after January 1, 1999 and | ||||||
8 | before the
effective date of this amendatory Act shall be | ||||||
9 | recalculated and the additional
amount accruing for that | ||||||
10 | period, if any, shall be payable to the pensioner in a
lump | ||||||
11 | sum.
| ||||||
12 | (e) Notwithstanding the provisions of subsection (a), upon | ||||||
13 | the first
day of the month following (1) the first anniversary | ||||||
14 | of the date of
retirement, or (2) the attainment of age 55, or | ||||||
15 | (3) July 1, 1987, whichever
occurs latest, the monthly pension | ||||||
16 | of a police officer who retired on or after
January 1, 1977 and | ||||||
17 | on or before January 1, 1986, and did not receive an
increase | ||||||
18 | under subsection (a) before July 1, 1987, shall be increased | ||||||
19 | by 3% of
the originally granted monthly pension for each full | ||||||
20 | year that has elapsed
since the pension began, and by an | ||||||
21 | additional 3% of the originally granted
pension in each | ||||||
22 | January thereafter. The increases provided under this
| ||||||
23 | subsection are in lieu of the increases provided in subsection | ||||||
24 | (a).
| ||||||
25 | (f) Notwithstanding the other provisions of this Section, | ||||||
26 | beginning
with increases granted on or after July 1, 1993, the |
| |||||||
| |||||||
1 | second and all
subsequent automatic annual increases granted | ||||||
2 | under subsection (a), (b),
(d), or (e) of this Section shall be | ||||||
3 | calculated as 3% of the amount of
pension payable at the time | ||||||
4 | of the increase, including any increases
previously granted | ||||||
5 | under this Section, rather than 3% of the originally
granted | ||||||
6 | pension amount. Section 1-103.1 does not apply to this | ||||||
7 | subsection
(f).
| ||||||
8 | (g) Notwithstanding any other provision of this Article, | ||||||
9 | the monthly pension of a
person who first becomes a police | ||||||
10 | officer under this Article on or after January 1, 2011 shall be | ||||||
11 | increased on the January 1 occurring either on or after the | ||||||
12 | attainment of age 60 or the first anniversary of the pension | ||||||
13 | start date, whichever is later ; except that, beginning on the | ||||||
14 | effective date of this amendatory Act of the 103rd General | ||||||
15 | Assembly, eligibility for and the amount of the automatic | ||||||
16 | increase in the monthly pension of such a person shall be | ||||||
17 | calculated as otherwise provided in this Section . Each annual | ||||||
18 | increase shall be calculated at 3% or one-half the annual | ||||||
19 | unadjusted percentage increase (but not less than zero) in the | ||||||
20 | consumer price index-u for the 12 months ending with the | ||||||
21 | September preceding each November 1, whichever is less, of the | ||||||
22 | originally granted pension. If the annual unadjusted | ||||||
23 | percentage change in the consumer price index-u for a 12-month | ||||||
24 | period ending in September is zero or, when compared with the | ||||||
25 | preceding period, decreases, then the pension shall not be | ||||||
26 | increased. |
| |||||||
| |||||||
1 | For the purposes of this subsection (g), "consumer price | ||||||
2 | index-u" means the index published by the Bureau of Labor | ||||||
3 | Statistics of the United States Department of Labor that | ||||||
4 | measures the average change in prices of goods and services | ||||||
5 | purchased by all urban consumers, United States city average, | ||||||
6 | all items, 1982-84 = 100. The new amount resulting from each | ||||||
7 | annual adjustment shall be determined by the Public Pension | ||||||
8 | Division of the Department of Insurance and made available to | ||||||
9 | the 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 | ||||||
14 | pension under Section
3-111, the surviving spouse shall be | ||||||
15 | entitled to the pension to which the
police officer was then | ||||||
16 | entitled. Upon the death of the surviving spouse,
or upon the | ||||||
17 | remarriage of the surviving spouse if that remarriage
| ||||||
18 | terminates the surviving spouse's eligibility under Section | ||||||
19 | 3-121, the police
officer's unmarried children who are under | ||||||
20 | age 18 or who are dependent because
of physical or mental | ||||||
21 | disability shall be entitled to equal shares of such
pension. | ||||||
22 | If there is no eligible surviving spouse and no eligible | ||||||
23 | child, the
dependent parent or parents of the officer shall be | ||||||
24 | entitled to receive or
share such pension until their death or | ||||||
25 | marriage or remarriage after the death
of the police officer.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Article, for a | ||||||
2 | person who first becomes a police officer under this Article | ||||||
3 | on or after January 1, 2011, the pension to which the surviving | ||||||
4 | spouse, children, or parents are entitled under this | ||||||
5 | subsection (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 | ||||||
7 | death, or (ii) 66 2/3% of the police officer's earned pension | ||||||
8 | at the date of death, and, if there is a surviving spouse, 12% | ||||||
9 | of such monthly salary shall be granted to the guardian of any | ||||||
10 | minor child or children, including a child who has been | ||||||
11 | conceived but not yet born, for each such child until | ||||||
12 | attainment of age 18. Upon the death of the surviving spouse | ||||||
13 | leaving one or more minor children, or upon the death of a | ||||||
14 | police officer leaving one or more minor children but no | ||||||
15 | surviving spouse, a monthly pension of 20% of the monthly | ||||||
16 | salary shall be granted to the duly appointed guardian of each | ||||||
17 | such child for the support and maintenance of each such child | ||||||
18 | until the child reaches age 18. The total pension provided | ||||||
19 | under this paragraph shall not exceed 75% of the monthly | ||||||
20 | salary of the deceased police officer (1) when paid to the | ||||||
21 | survivor of a police officer who has attained 20 or more years | ||||||
22 | of service credit and who receives or is eligible to receive a | ||||||
23 | retirement pension under this Article, (2) when paid to the | ||||||
24 | survivor of a police officer who dies as a result of illness or | ||||||
25 | accident, (3) when paid to the survivor of a police officer who | ||||||
26 | dies from any cause while in receipt of a disability pension |
| |||||||
| |||||||
1 | under this Article, or (4) when paid to the survivor of a | ||||||
2 | deferred pensioner. Nothing in this subsection (a) shall act | ||||||
3 | to diminish the survivor's
benefits described in subsection | ||||||
4 | (e) of this Section. | ||||||
5 | Notwithstanding Section 1-103.1, the changes made to this | ||||||
6 | subsection apply without regard to whether the deceased police | ||||||
7 | officer was in service on or after the effective date of this | ||||||
8 | amendatory Act of the 101st General Assembly. | ||||||
9 | Notwithstanding any other provision of this Article, the | ||||||
10 | monthly pension
of a survivor of a person who first becomes a | ||||||
11 | police officer under this Article on or after January 1, 2011 | ||||||
12 | shall be increased on the January 1 after attainment of age 60 | ||||||
13 | by the recipient of the survivor's pension and
each January 1 | ||||||
14 | thereafter by 3% or one-half the annual unadjusted percentage | ||||||
15 | increase (but not less than zero) in the consumer price | ||||||
16 | index-u for the 12 months ending with the September preceding | ||||||
17 | each November 1, whichever is less, of the originally granted | ||||||
18 | survivor's pension ; except that, beginning on the effective | ||||||
19 | date of this amendatory Act of the 103rd General Assembly, | ||||||
20 | eligibility for and the amount of the automatic increase in | ||||||
21 | the monthly pension of such a survivor shall be calculated as | ||||||
22 | otherwise provided in this Section . If the annual unadjusted | ||||||
23 | percentage change in
the consumer price index-u for a 12-month | ||||||
24 | period ending in September is zero or, when compared with the | ||||||
25 | preceding period, decreases, then the survivor's pension shall | ||||||
26 | not
be increased. |
| |||||||
| |||||||
1 | For the purposes of this subsection (a), "consumer price | ||||||
2 | index-u" means the index published by the Bureau of Labor | ||||||
3 | Statistics of the United States Department of Labor that | ||||||
4 | measures the average change in prices of goods and services | ||||||
5 | purchased by all urban consumers, United States city average, | ||||||
6 | all items, 1982-84 = 100. The new amount resulting from each | ||||||
7 | annual adjustment shall be determined by the Public Pension | ||||||
8 | Division of the Department of Insurance and made available to | ||||||
9 | the boards of the pension funds. | ||||||
10 | (b) Upon the death of a police officer while in service, | ||||||
11 | having at least
20 years of creditable service, or upon the | ||||||
12 | death of a police officer who
retired from service with at | ||||||
13 | least 20 years of creditable service, whether
death occurs | ||||||
14 | before or after attainment of age 50, the pension earned by
the | ||||||
15 | police officer as of the date of death as provided in Section | ||||||
16 | 3-111
shall be paid to the survivors in the sequence provided | ||||||
17 | in subsection (a)
of this Section.
| ||||||
18 | (c) Upon the death of a police officer while in service, | ||||||
19 | having at least
10 but less than 20 years of service, a pension | ||||||
20 | of 1/2 of the salary attached
to the rank or ranks held by the | ||||||
21 | officer for one year immediately
prior to death shall be | ||||||
22 | payable to the survivors in the sequence provided
in | ||||||
23 | subsection (a) of this Section. If death occurs as a result of | ||||||
24 | the
performance of duty, the 10 year requirement shall not | ||||||
25 | apply and the
pension to survivors shall be payable after any | ||||||
26 | period of service.
|
| |||||||
| |||||||
1 | (d) Beginning July 1, 1987, a minimum pension of $400 per | ||||||
2 | month shall
be paid to all surviving spouses, without regard | ||||||
3 | to the fact that the death
of the police officer occurred prior | ||||||
4 | to that date.
If the minimum pension established in Section | ||||||
5 | 3-113.1 is greater than the
minimum provided in this | ||||||
6 | subsection, the Section 3-113.1 minimum controls.
| ||||||
7 | (e) The pension of the surviving spouse of a police | ||||||
8 | officer who dies (i)
on or after January 1, 2001, (ii) without | ||||||
9 | having begun to receive either a
retirement pension payable | ||||||
10 | under Section 3-111 or a disability pension payable
under | ||||||
11 | Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6, and (iii) as a | ||||||
12 | result of
sickness, accident, or injury incurred in or | ||||||
13 | resulting from the performance of
an act of duty shall not be | ||||||
14 | less than 100% of the salary attached to the rank
held by the | ||||||
15 | deceased police officer on the last day of service, | ||||||
16 | notwithstanding
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 | ||||||
20 | 103rd General Assembly. It is the intent of this amendatory | ||||||
21 | Act of the 103rd General Assembly to provide to police | ||||||
22 | officers who first became police officers on or after January | ||||||
23 | 1, 2011 the same level of benefits and eligibility criteria | ||||||
24 | for benefits as those who first became police officers before | ||||||
25 | January 1, 2011. The changes made to this Article by this |
| |||||||
| |||||||
1 | amendatory Act of the 103rd General Assembly that provide | ||||||
2 | benefit increases for police officers apply without regard to | ||||||
3 | whether the police officer was in service on or after the | ||||||
4 | effective date of this amendatory Act of the 103rd General | ||||||
5 | Assembly, notwithstanding the provisions of Section 1-103.1. | ||||||
6 | The benefit increases are intended to apply prospectively and | ||||||
7 | do not entitle a police officer to retroactive benefit | ||||||
8 | payments or increases. The changes made to this Article by | ||||||
9 | this amendatory Act of the 103rd General Assembly shall not | ||||||
10 | cause or otherwise result in any retroactive adjustment of any | ||||||
11 | employee 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 | ||||||
15 | creditable
service, who is no longer in service as a | ||||||
16 | firefighter, shall receive a monthly
pension of 1/2 the | ||||||
17 | monthly salary attached to the rank held by him or her in
the | ||||||
18 | fire service at the date of retirement.
| ||||||
19 | The monthly pension shall be increased by 1/12 of 2.5% of | ||||||
20 | such
monthly salary for each additional month over 20 years of | ||||||
21 | service through 30
years of service, to a maximum of 75% of | ||||||
22 | such monthly salary.
| ||||||
23 | The changes made to this subsection (a) by this amendatory | ||||||
24 | Act of the
91st General Assembly apply to all pensions that | ||||||
25 | become payable under this
subsection on or after January 1, |
| |||||||
| |||||||
1 | 1999. All pensions payable under this
subsection that began on | ||||||
2 | or after January 1, 1999 and before the effective date
of this | ||||||
3 | amendatory Act shall be recalculated, and the amount of the | ||||||
4 | increase
accruing for that period shall be payable to the | ||||||
5 | pensioner in a lump sum.
| ||||||
6 | (b) A firefighter who retires or is separated from service | ||||||
7 | having at
least 10 but less than 20 years of creditable | ||||||
8 | service, who is not entitled
to receive a disability pension, | ||||||
9 | and who did not apply for a refund of
contributions at his or | ||||||
10 | her last separation from service shall receive a
monthly | ||||||
11 | pension upon attainment of age 60 based on the monthly salary | ||||||
12 | attached
to his or her rank in the fire service on the date of | ||||||
13 | retirement or separation
from service according to the | ||||||
14 | following 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 | ||||||
26 | Article,
the provisions of this subsection (c) apply to a |
| |||||||
| |||||||
1 | person who first
becomes a firefighter under this Article on | ||||||
2 | or after January 1, 2011. | ||||||
3 | A firefighter age 55 or more who has 10 or more years of | ||||||
4 | service in that capacity shall be entitled at his option to | ||||||
5 | receive a monthly pension for his service as a firefighter | ||||||
6 | computed by multiplying 2.5% for each year of such service by | ||||||
7 | his or her final average salary. | ||||||
8 | The pension of a firefighter who is retiring after | ||||||
9 | attaining age 50 with 10 or more years of creditable service | ||||||
10 | shall be reduced by one-half of 1% for each month that the | ||||||
11 | firefighter's age is under age 55. | ||||||
12 | The maximum pension under this subsection (c) shall be 75%
| ||||||
13 | of final average salary. | ||||||
14 | For the purposes of this subsection (c), "final average | ||||||
15 | salary" means the greater of: (i) the average monthly salary | ||||||
16 | obtained by dividing the total salary of the firefighter | ||||||
17 | during the 48 consecutive months of service within the last 60 | ||||||
18 | months of service in which the total salary was the highest by | ||||||
19 | the number of months of service in that period; or (ii) the | ||||||
20 | average monthly salary obtained by dividing the total salary | ||||||
21 | of the firefighter during the 96 consecutive months of service | ||||||
22 | within the last 120 months of service in which the total salary | ||||||
23 | was the highest by the number of months of service in that | ||||||
24 | period. | ||||||
25 | Beginning on January 1, 2011, for all purposes under
this | ||||||
26 | Code (including without limitation the calculation of
benefits |
| |||||||
| |||||||
1 | and employee contributions), the annual salary
based on the | ||||||
2 | plan year of a member or participant to whom this Section | ||||||
3 | applies shall not exceed $106,800; however, that amount shall | ||||||
4 | annually thereafter be increased by the lesser of (i) 3% of | ||||||
5 | that amount, including all previous adjustments, or (ii) the | ||||||
6 | annual unadjusted percentage increase (but not less than zero) | ||||||
7 | in the consumer price index-u for the 12 months ending with the | ||||||
8 | September preceding each November 1, including all previous | ||||||
9 | adjustments. | ||||||
10 | Nothing in this amendatory Act of the 101st General | ||||||
11 | Assembly shall cause or otherwise result in any retroactive | ||||||
12 | adjustment 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 | ||||||
17 | pension of a
firefighter who retires after July 1, 1971 and | ||||||
18 | prior to January 1, 1986, shall,
upon either the first of the | ||||||
19 | month following the first anniversary of the date
of | ||||||
20 | retirement if 60 years of age or over at retirement date, or | ||||||
21 | upon the first
day of the month following attainment of age 60 | ||||||
22 | if it occurs after the first
anniversary of retirement, be | ||||||
23 | increased by 2% of the originally granted monthly
pension and | ||||||
24 | by an additional 2% in each January thereafter. Effective | ||||||
25 | January
1976, the rate of the annual increase shall be 3% of |
| |||||||
| |||||||
1 | the originally granted
monthly pension.
| ||||||
2 | (b) The monthly pension of a firefighter who retired
from | ||||||
3 | service with 20 or more years of service, on or before
July 1, | ||||||
4 | 1971, shall be increased, in January of the year
following the | ||||||
5 | year of attaining age 65 or in January
1972, if then over age | ||||||
6 | 65, by 2% of the originally granted monthly
pension, for each | ||||||
7 | year the firefighter received pension payments.
In each | ||||||
8 | January thereafter, he or she shall receive an additional
| ||||||
9 | increase of 2% of the original monthly pension. Effective
| ||||||
10 | January 1976, the rate of the annual increase shall be 3%.
| ||||||
11 | (c) The monthly pension of a firefighter who is receiving
| ||||||
12 | a disability pension under this Article shall be increased, in
| ||||||
13 | January of the year following the year the firefighter attains
| ||||||
14 | age 60, or in January 1974, if then over age 60, by 2% of the
| ||||||
15 | originally granted monthly pension for each
year he or she | ||||||
16 | received pension payments.
In each January thereafter, the | ||||||
17 | firefighter shall receive an additional
increase of 2% of the | ||||||
18 | original monthly pension. Effective January 1976,
the rate of | ||||||
19 | the annual increase shall be 3%.
| ||||||
20 | (c-1) On January 1, 1998, every child's disability benefit | ||||||
21 | payable on that
date under Section 4-110 or 4-110.1 shall be | ||||||
22 | increased by an amount equal to
1/12 of 3% of the amount of the | ||||||
23 | benefit, multiplied by the number of months for
which the | ||||||
24 | benefit has been payable. On each January 1 thereafter, every
| ||||||
25 | child's disability benefit payable under Section 4-110 or | ||||||
26 | 4-110.1 shall be
increased by 3% of the amount of the benefit |
| |||||||
| |||||||
1 | then being paid, including any
previous increases received | ||||||
2 | under this Article. These increases are not
subject to any | ||||||
3 | limitation on the maximum benefit amount included in Section
| ||||||
4 | 4-110 or 4-110.1.
| ||||||
5 | (c-2) On July 1, 2004, every pension payable to or on | ||||||
6 | behalf of a minor
or disabled surviving child that is payable | ||||||
7 | on that date under Section 4-114
shall be increased by an | ||||||
8 | amount equal to 1/12 of 3% of the amount of the
pension, | ||||||
9 | multiplied by the number of months for which the benefit has | ||||||
10 | been
payable. On July 1, 2005, July 1, 2006, July 1, 2007, and | ||||||
11 | July 1, 2008, every pension payable to or on behalf
of a minor | ||||||
12 | or disabled surviving child that is payable under Section | ||||||
13 | 4-114
shall be increased by 3% of the amount of the pension | ||||||
14 | then being paid,
including any previous increases received | ||||||
15 | under this Article. These increases
are not subject to any | ||||||
16 | limitation on the maximum benefit amount included in
Section | ||||||
17 | 4-114.
| ||||||
18 | (d) The monthly pension of a firefighter who retires after | ||||||
19 | January 1,
1986, shall, upon either the first of the month | ||||||
20 | following the first
anniversary of the date of retirement if | ||||||
21 | 55 years of age or over, or
upon the first day of the month | ||||||
22 | following attainment of
age 55 if it occurs after the first | ||||||
23 | anniversary of retirement, be increased
by 1/12 of 3% of the | ||||||
24 | originally granted monthly pension for each full
month that | ||||||
25 | has elapsed since the pension began, and by an
additional 3% in | ||||||
26 | each January thereafter.
|
| |||||||
| |||||||
1 | The changes made to this subsection (d) by this amendatory | ||||||
2 | Act of the 91st
General Assembly apply to all initial | ||||||
3 | increases that become payable under this
subsection on or | ||||||
4 | after January 1, 1999. All initial increases that became
| ||||||
5 | payable under this subsection on or after January 1, 1999 and | ||||||
6 | before the
effective date of this amendatory Act shall be | ||||||
7 | recalculated and the additional
amount accruing for that | ||||||
8 | period, if any, shall be payable to the pensioner in a
lump | ||||||
9 | sum.
| ||||||
10 | (e) Notwithstanding the provisions of subsection (a), upon | ||||||
11 | the
first day of the month following (1) the first anniversary | ||||||
12 | of the date of
retirement, or (2) the attainment of age 55, or | ||||||
13 | (3) July 1, 1987, whichever
occurs latest, the monthly pension | ||||||
14 | of a firefighter who retired on or after
January 1, 1977 and on | ||||||
15 | or before January 1, 1986 and did not receive an
increase under | ||||||
16 | subsection (a) before July 1, 1987,
shall be increased by 3% of | ||||||
17 | the originally granted monthly pension for
each full year that | ||||||
18 | has elapsed since the pension began, and by an
additional 3% in | ||||||
19 | each January thereafter. The increases provided under
this | ||||||
20 | subsection are in lieu of the increases provided in subsection | ||||||
21 | (a).
| ||||||
22 | (f) In July 2009, the monthly pension of a
firefighter who | ||||||
23 | retired before July 1, 1977 shall be recalculated and | ||||||
24 | increased to reflect the amount that the firefighter would | ||||||
25 | have received in July 2009 had the firefighter been receiving | ||||||
26 | a 3% compounded increase for each year he or she received |
| |||||||
| |||||||
1 | pension payments after January 1, 1986, plus any increases in | ||||||
2 | pension received for each year prior to January 1, 1986. In | ||||||
3 | each January thereafter, he or she shall receive an additional
| ||||||
4 | increase of 3% of the amount of the pension then being paid. | ||||||
5 | The changes made to this Section by this amendatory Act of the | ||||||
6 | 96th General Assembly apply without regard to whether the | ||||||
7 | firefighter was in service on or after its effective date. | ||||||
8 | (g) Notwithstanding any other provision of this Article, | ||||||
9 | the monthly pension of a
person who first becomes a | ||||||
10 | firefighter under this Article on or after January 1, 2011 | ||||||
11 | shall be increased on the January 1 occurring either on or | ||||||
12 | after the attainment of age 60 or the first anniversary of the | ||||||
13 | pension start date, whichever is later ; except that, beginning | ||||||
14 | on the effective date of this amendatory Act of the 103rd | ||||||
15 | General Assembly, eligibility for and the amount of the | ||||||
16 | automatic increase in the monthly pension of such a person | ||||||
17 | shall be calculated as otherwise provided in this Section . | ||||||
18 | Each annual increase shall be calculated at 3% or one-half the | ||||||
19 | annual unadjusted percentage increase (but not less than zero) | ||||||
20 | in the consumer price index-u for the 12 months ending with the | ||||||
21 | September preceding each November 1, whichever is less, of the | ||||||
22 | originally granted pension. If the annual unadjusted | ||||||
23 | percentage change in the consumer price index-u for a 12-month | ||||||
24 | period ending in September is zero or, when compared with the | ||||||
25 | preceding period, decreases, then the pension shall not be | ||||||
26 | increased. |
| |||||||
| |||||||
1 | For the purposes of this subsection (g), "consumer price | ||||||
2 | index-u" means the index published by the Bureau of Labor | ||||||
3 | Statistics of the United States Department of Labor that | ||||||
4 | measures the average change in prices of goods and services | ||||||
5 | purchased by all urban consumers, United States city average, | ||||||
6 | all items, 1982-84 = 100. The new amount resulting from each | ||||||
7 | annual adjustment shall be determined by the Public Pension | ||||||
8 | Division of the Department of Insurance and made available to | ||||||
9 | the 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 | ||||||
13 | not receiving a
disability pension under Section 4-110 or | ||||||
14 | 4-110.1 dies (1) as a result of any
illness or accident, or (2) | ||||||
15 | from any cause while in receipt of a disability
pension under | ||||||
16 | this Article, or (3) during retirement after 20 years service, | ||||||
17 | or
(4) while vested for or in receipt of a pension payable | ||||||
18 | under subsection (b)
of Section 4-109, or (5) while a deferred | ||||||
19 | pensioner, having made all required
contributions, a pension | ||||||
20 | shall be paid to his or her survivors, based on the
monthly | ||||||
21 | salary attached to the firefighter's rank on the last day of | ||||||
22 | service
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
9 | person who first becomes a firefighter under this Article on | ||||||
10 | or after January 1, 2011 and who is not receiving a
disability | ||||||
11 | pension under Section 4-110 or 4-110.1 dies (1) as a result of | ||||||
12 | any
illness or accident, (2) from any cause while in receipt of | ||||||
13 | a disability
pension under this Article, (3) during retirement | ||||||
14 | after 20 years service, (4) while vested for or in receipt of a | ||||||
15 | pension payable under subsection (b)
of Section 4-109, or (5) | ||||||
16 | while a deferred pensioner, having made all required
| ||||||
17 | contributions, then a pension shall be paid to his or her | ||||||
18 | survivors in an amount equal to the greater of (i) 54% of the | ||||||
19 | firefighter's monthly salary at the date of death, or (ii) 66 | ||||||
20 | 2/3% of the firefighter's earned pension at the date of death, | ||||||
21 | and, if there is a surviving spouse, 12% of such monthly salary | ||||||
22 | shall be granted to the guardian of any minor child or | ||||||
23 | children, including a child who has been conceived but not yet | ||||||
24 | born, for each such child until attainment of age 18. Upon the | ||||||
25 | death of the surviving spouse leaving one or more minor | ||||||
26 | children, or upon the death of a firefighter leaving one or |
| |||||||
| |||||||
1 | more minor children but no surviving spouse, a monthly pension | ||||||
2 | of 20% of the monthly salary shall be granted to the duly | ||||||
3 | appointed guardian of each such child for the support and | ||||||
4 | maintenance of each such child until the child reaches age 18. | ||||||
5 | The total pension provided under this paragraph shall not | ||||||
6 | exceed 75% of the monthly salary of the deceased firefighter | ||||||
7 | (1) when paid to the survivor of a firefighter who has attained | ||||||
8 | 20 or more years of service credit and who receives or is | ||||||
9 | eligible to receive a retirement pension under this Article, | ||||||
10 | (2) when paid to the survivor of a firefighter who dies as a | ||||||
11 | result of illness or accident, (3) when paid to the survivor of | ||||||
12 | a firefighter who dies from any cause while in receipt of a | ||||||
13 | disability pension under this Article, or (4) when paid to the | ||||||
14 | survivor of a deferred pensioner. Nothing in this Section | ||||||
15 | shall act to diminish the
survivor's benefits described in | ||||||
16 | subsection (j) of this Section. | ||||||
17 | Notwithstanding Section 1-103.1, the changes made to this | ||||||
18 | subsection apply without regard to whether the deceased | ||||||
19 | firefighter was in service on or after the effective date of | ||||||
20 | this amendatory Act of the 101st General Assembly. | ||||||
21 | Notwithstanding any other provision of this Article, the | ||||||
22 | monthly
pension of a survivor of a person who first becomes a | ||||||
23 | firefighter under this Article on or after January 1, 2011 | ||||||
24 | shall be increased on the January 1 after attainment of age 60 | ||||||
25 | by the recipient of the survivor's pension and
each January 1 | ||||||
26 | thereafter by 3% or one-half the annual unadjusted percentage |
| |||||||
| |||||||
1 | increase in the consumer price index-u for the
12 months | ||||||
2 | ending with the September preceding each November 1, whichever | ||||||
3 | is less, of the originally granted survivor's pension ; except | ||||||
4 | that, beginning on the effective date of this amendatory Act | ||||||
5 | of the 103rd General Assembly, eligibility for and the amount | ||||||
6 | of the automatic increase in the monthly pension of such a | ||||||
7 | survivor shall be calculated as otherwise provided in this | ||||||
8 | Section . If the annual unadjusted percentage change in
the | ||||||
9 | consumer price index-u for a 12-month period ending in | ||||||
10 | September is zero or, when compared with the preceding period, | ||||||
11 | decreases, then the survivor's pension shall not
be increased. | ||||||
12 | For the purposes of this Section, "consumer price index-u" | ||||||
13 | means the index published by the Bureau of Labor Statistics of | ||||||
14 | the United States Department of Labor that measures the | ||||||
15 | average change in prices of goods and services purchased by | ||||||
16 | all urban consumers, United States city average, all items, | ||||||
17 | 1982-84 = 100. The new amount resulting from each annual | ||||||
18 | adjustment shall be determined by the Public Pension Division | ||||||
19 | of the Department of Insurance and made available to the | ||||||
20 | boards 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 | ||||||
24 | 103rd General Assembly. It is the intent of this amendatory | ||||||
25 | Act of the 103rd General Assembly to provide to firefighters |
| |||||||
| |||||||
1 | who first became firefighters on or after January 1, 2011 the | ||||||
2 | same level of benefits and eligibility criteria for benefits | ||||||
3 | as those who first became firefighters before January 1, 2011. | ||||||
4 | The changes made to this Article by this amendatory Act of the | ||||||
5 | 103rd General Assembly that provide benefit increases for | ||||||
6 | firefighters apply without regard to whether the firefighter | ||||||
7 | was in service on or after the effective date of this | ||||||
8 | amendatory Act of the 103rd General Assembly, notwithstanding | ||||||
9 | the provisions of Section 1-103.1. The benefit increases are | ||||||
10 | intended to apply prospectively and do not entitle a | ||||||
11 | firefighter to retroactive benefit payments or increases. The | ||||||
12 | changes made to this Article by this amendatory Act of the | ||||||
13 | 103rd General Assembly shall not cause or otherwise result in | ||||||
14 | any retroactive adjustment of any employee contributions.
| ||||||
15 | Section 3-90. The State Mandates Act is amended by adding | ||||||
16 | Section 8.47 as follows: | ||||||
17 | (30 ILCS 805/8.47 new) | ||||||
18 | Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and | ||||||
19 | 8 of this Act, no reimbursement by the State is required for | ||||||
20 | the implementation of any mandate created by this amendatory | ||||||
21 | Act of the 103rd General Assembly. | ||||||
22 | Article 4. |
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1 | Section 4-5. The Illinois Municipal Code is amended by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | adding 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 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | municipality that provides health insurance to police officers | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | and firefighters shall maintain the health insurance plans of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | these employees after retirement and shall pay the cost of the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | health insurance premiums for each retiree who has completed | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | 20 years of service. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Article 99. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 99-995. No acceleration or delay. Where this Act | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | makes changes in a statute that is represented in this Act by | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | text that is not yet or no longer in effect (for example, a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Section represented by multiple versions), the use of that | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | other Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Section 99-999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||