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Public Act 101-0652 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Article 1. | ||||
Statewide Use of Force Standardization | ||||
Section 1-1. Short title. This Article may be cited as the | ||||
Statewide Use of Force Standardization Act. References in this | ||||
Article to "this Act" mean this Article. | ||||
Section 1-5. Statement of purpose. It is the intent of the | ||||
General Assembly to establish statewide use of force standards | ||||
for law enforcement agencies effective January 1, 2022.
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Article 2. | ||||
No Representation Without Population Act | ||||
Section 2-1. Short title. This Act may be cited as the No | ||||
Representation Without Population Act. References in this | ||||
Article to "this Act" mean this Article. | ||||
Section 2-3. Definition. As used in this Act, "Department" | ||||
means the Department of Corrections. |
Section 2-5. Electronic records. The Department shall | ||
collect and maintain an electronic record of the legal | ||
residence, outside of any correctional facility, and other | ||
demographic data for each person in custody or entering custody | ||
on or after the effective date of this Act. At a minimum, this | ||
record shall contain the person's last known complete street | ||
address prior to incarceration, the person's race, whether the | ||
person is of Hispanic or Latino origin, and whether the person | ||
is 18 years of age or older. To the degree possible, the | ||
Department shall also allow the legal residence to be updated | ||
as appropriate. | ||
Section 2-10. Reports to the State Board of Elections. | ||
(a) Within 30 days after the effective date of this Act, | ||
and thereafter, on or before May 1 of each year where the | ||
federal decennial census is taken but in which the United | ||
States Bureau of the Census allocates incarcerated persons as | ||
residents of correctional facilities, the Department shall | ||
deliver to the State Board of Elections the following | ||
information: | ||
(1) A unique identifier, not including the name or | ||
Department-assigned inmate number, for each incarcerated | ||
person subject to the jurisdiction of the Department on the | ||
date for which the decennial census reports population. The | ||
unique identifier shall enable the State Board of Elections | ||
to address inquiries about specific address records to the |
Department, without making it possible for anyone outside | ||
of the Department to identify the inmate to whom the | ||
address record pertains. | ||
(2) The street address of the correctional facility | ||
where the person was incarcerated at the time of the | ||
report. | ||
(3) The last known address of the person prior to | ||
incarceration or other legal residence, if known. | ||
(4) The person's race, whether the person is of | ||
Hispanic or Latino origin, and whether the person is age 18 | ||
or older, if known. | ||
(5) Any additional information as the State Board of | ||
Elections may request pursuant to law. | ||
(b) The Department shall provide the information specified | ||
in subsection (a) in the form that the State Board of Elections | ||
shall specify. | ||
(c) Notwithstanding any other provision of law, the | ||
information required to be provided to the State Board of | ||
Elections pursuant to this Section shall not include the name | ||
of any incarcerated person and shall not allow for the | ||
identification of any person therefrom, except to the | ||
Department. The information shall be treated as confidential | ||
and shall not be disclosed by the State Board of Elections | ||
except as redistricting data aggregated by census block for | ||
purposes specified in Section 2-20. |
Section 2-15. Federal facilities. The State Board of | ||
Elections shall request each agency that operates a federal | ||
facility in this State that incarcerates persons convicted of a | ||
criminal offense to provide the State Board of Elections with a | ||
report that includes the information listed in subsection (a) | ||
of Section 2-10. | ||
Section 2-20. State Board of Elections; redistricting | ||
data. The State Board of Elections shall prepare redistricting | ||
population data to reflect incarcerated persons at their | ||
residential address, pursuant to Section 2-25. The data | ||
prepared by the State Board of Elections shall be the basis of | ||
the Legislative and Representative Districts required to be | ||
created pursuant to Section 3 of Article IV of the Illinois | ||
Constitution of 1970. Incarcerated populations residing at | ||
unknown geographic locations within the State, as determined | ||
under paragraph (2) of subsection (c) of Section 2-25, shall | ||
not be used to determine the ideal population of any set of | ||
districts, wards, or precincts. | ||
Section 2-25. Determinations and data publication by the | ||
State Board of Elections. | ||
(a) For each person included in a report received under | ||
Sections 2-10 and 2-15, the State Board of Elections shall | ||
determine the geographic units for which population counts are | ||
reported in the federal decennial census that contain the |
facility of incarceration and the legal residence as listed | ||
according to the report. | ||
(b) For each person included in a report received under | ||
Sections 2-10 and 2-15, if the legal residence is known and in | ||
this State, the State Board of Elections shall: | ||
(1) ensure that the person is not represented in any | ||
population counts reported by the State Board of Elections | ||
for the geographic units that include the facility where | ||
the person was incarcerated, unless that geographic unit | ||
also includes the person's legal residence; and | ||
(2) ensure that any population counts reported by the | ||
State Board of Elections reflect the person's residential | ||
address as reported under Sections 2-10 and 2-15. | ||
(c) For each person included in a report received under | ||
Sections 2-10 and 2-15 for whom a legal residence is unknown or | ||
not in this State and for all persons reported in the census as | ||
residing in a federal correctional facility for whom a report | ||
was not provided, the State Board of Elections shall: | ||
(1) ensure that the person is not represented in any | ||
population counts reported by the State Board of Elections | ||
for the geographic units that include the facility where | ||
the person was incarcerated; and | ||
(2) allocate the person to a State unit not tied to a | ||
specific determined geographic location, as other State | ||
residents with unknown State addresses are allocated. | ||
(d) The data prepared by the State Board of Elections |
pursuant to this Section shall be completed and published no | ||
later than 30 days after the date that federal decennial census | ||
data required to be published by Public Law 94-171 is published | ||
for the State of Illinois. | ||
Section 2-30. Data; Legislative and Representative | ||
Districts. The data prepared by the State Board of Elections in | ||
Section 2-25 shall be used only as the basis for determining | ||
Legislative and Representative Districts. Residences at | ||
unknown geographic locations within the State under subsection | ||
(c) of Section 2-25 shall not be used to determine the ideal | ||
population of any set of districts, wards, or precincts. The | ||
data prepared by the State Board of Elections in Section 2-25 | ||
shall not be used in the distribution of any State or federal | ||
aid. | ||
Article 3. | ||
Deaths in Custody | ||
Section 3-1. Short title. This Article may be cited as the
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Reporting of Deaths in Custody Act. References in this Article | ||
to "this Act" mean this Article.
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Section 3-5. Report of deaths of persons in custody in
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correctional institutions.
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(a) In this Act, "law enforcement agency" includes each law
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enforcement entity within this State having the authority to
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arrest and detain persons suspected of, or charged with,
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committing a criminal offense, and each law enforcement entity
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that operates a lock up, jail, prison, or any other facility
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used to detain persons for legitimate law enforcement purposes. | ||
(b) In any case in which a person dies:
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(1) while in the custody of:
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(A) a law enforcement agency; | ||
(B) a local or State correctional facility in this
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State; or
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(C) a peace officer; or
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(2) as a result of the peace officer's use of force,
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the law enforcement agency shall investigate and report the
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death in writing to the Illinois Criminal Justice | ||
Information Authority, no later than 30 days
after the date | ||
on which the person in custody or incarcerated
died. The | ||
written report shall contain the following
information: | ||
(A) facts concerning the death that are in the | ||
possession of the law enforcement agency in charge of | ||
the
investigation and the correctional facility where | ||
the
death occurred including, but not limited to, race, | ||
age, and gender of the decedent, and a brief | ||
description of the circumstances surrounding the | ||
death;
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(B) if the death occurred in
the custody of the | ||
Illinois
Department of
Corrections, the report
shall |
also include the jurisdiction, the law enforcement | ||
agency
providing the investigation, and the local or | ||
State
facility where the death occurred; | ||
(C) if the death occurred in
the custody of the | ||
Illinois
Department of
Corrections, the report
shall | ||
also include if emergency care was requested by the law
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enforcement agency in response to any illness, injury, | ||
self-inflicted or otherwise, or other issue related to
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rapid deterioration of physical wellness or human
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subsistence, and details concerning emergency care | ||
that
were provided to the decedent if emergency care | ||
was
provided. | ||
(c) The law enforcement agency and the involved
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correctional administrators shall make a good faith effort to | ||
obtain all relevant facts and circumstances relevant to the
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death and include those in the report. | ||
(d) The Illinois Criminal Justice Information Authority | ||
shall create a standardized form
to be used for the purpose of | ||
collecting information as
described in subsection (b). | ||
(e) Law enforcement agencies shall use the form described
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in subsection (d) to report all cases in which a person dies:
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(1) while in the custody of:
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(A) a law enforcement agency;
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(B) a local or State correctional facility in this | ||
State; or | ||
(C) a peace officer; or
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(2) as a result of the peace officer's use of force. | ||
(f) The Illinois Criminal Justice Information Authority | ||
may determine the manner in which
the form is transmitted from | ||
a law enforcement agency to the
Illinois Criminal Justice | ||
Information Authority. | ||
(g) The reports shall be public records within the meaning
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of subsection (c) of Section 2 of the Freedom of Information
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Act and are open to public inspection, with the exception of
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any portion of the report that the Illinois Criminal Justice | ||
Information Authority determines
is privileged or protected | ||
under Illinois or federal law. | ||
(h) The Illinois Criminal Justice Information Authority | ||
shall make available to the public
information of all | ||
individual reports relating to deaths in
custody through the | ||
Illinois Criminal Justice Information Authority's website to | ||
be updated on
a quarterly basis. | ||
(i) The Illinois Criminal Justice Information Authority | ||
shall issue a public annual report
tabulating and evaluating | ||
trends and information on deaths in
custody, including, but not | ||
limited to: | ||
(1) information regarding the race,
gender, sexual | ||
orientation, and gender identity of the decedent; and a | ||
brief description
of the circumstances
surrounding the | ||
death;
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(2) if the death occurred in
the custody of the | ||
Illinois
Department of
Corrections, the report
shall also |
include the jurisdiction, law enforcement agency providing
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the investigation, and local or State facility where the
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death occurred; and
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(3) recommendations and State and local efforts
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underway to reduce deaths in custody. | ||
The report shall be submitted to the Governor and General | ||
Assembly and made available to the public on the Illinois | ||
Criminal Justice Information Authority's website the first | ||
week of February of each year. | ||
(j) So that the State may oversee the healthcare provided
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to any person in the custody of each law enforcement agency
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within this State, provision of medical services to these
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persons, general care and treatment, and any other factors that
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may contribute to the death of any of these persons, the
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following information shall be made available to the public on
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the Illinois Criminal Justice Information Authority's website:
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(1) the number of deaths that occurred during the
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preceding calendar year;
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(2) the known, or discoverable upon reasonable
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inquiry, causes and contributing factors of each of the | ||
in-custody deaths as defined in subsection (b); and
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(3) the law enforcement agency's policies, procedures,
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and protocols related to: | ||
(A) treatment of a person experiencing withdrawal | ||
from alcohol or substance use;
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(B) the facility's provision, or lack of
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provision, of medications used to treat, mitigate, or | ||
address a person's symptoms; and
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(C) notifying an inmate's next of kin after the
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inmate's in-custody death. | ||
(k) The family, next of kin, or any other person reasonably | ||
nominated by the decedent as an emergency contact shall be
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notified as soon as possible in a suitable manner giving an
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accurate factual account of the cause of death and
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circumstances surrounding the death in custody in accordance | ||
with State and federal law. | ||
(l) The law enforcement agency or correctional facility
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shall name a staff person to act as dedicated family liaison
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officer to be a point of contact for the family, to make and
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maintain contact with the family, to report ongoing | ||
developments and findings of investigations, and to provide
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information and practical support. If requested by the
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deceased's next of kin, the law enforcement agency or
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correctional facility shall arrange for a chaplain, counselor,
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or other suitable staff member to meet with the family and
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discuss any faith considerations or concerns. The family has a
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right to the medical records of a family member who has died in
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custody and these records shall be disclosed to them in | ||
accordance with State and federal law. | ||
(m) It is unlawful for a person who is required under this
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Section to investigate a death or file a report to fail to
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include in the report facts known or discovered in the
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investigation to the Illinois Criminal Justice Information | ||
Authority. A violation of this
Section is a petty offense, with | ||
fine not to exceed $500. | ||
Article 4. | ||
Constitutional Rights and Remedies | ||
Section 4-1. Short title. This Article may be cited as the
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Task Force on Constitutional Rights and Remedies Act. | ||
References in this Article to "this Act" mean this Article. | ||
Section 4-5. Task Force on Constitutional Rights and | ||
Remedies. The Task Force on Constitutional Rights and Remedies | ||
is created. The purpose of the Task Force on Constitutional | ||
Rights and Remedies is to develop and propose policies and | ||
procedures to review and reform constitutional rights and | ||
remedies, including qualified immunity for peace officers. | ||
Section 4-10. Task Force Members. | ||
(a) The Task Force on Constitutional Rights and Remedies | ||
shall be comprised of the following members: | ||
(1) The president of statewide association | ||
representing trial lawyers or his or her designee,
the | ||
executive director of a statewide association advocating | ||
for the advancement of civil liberties or his or her | ||
designee, a representative representing statewide labor, |
all appointed by the Governor. | ||
(2) Four members of the public appointed, one appointed | ||
by each the Speaker of the House of Representatives, | ||
Minority Leader of the House of Representatives, Minority | ||
Leader of the House of Representatives, President of the | ||
Senate, Minority Leader of the Senate. | ||
(3) The president of a statewide bar association or his | ||
or her designee, the executive director of a statewide | ||
association representing county sheriffs or his or her | ||
designee, the executive director of a statewide | ||
association representing chiefs of police, a | ||
representative of the Chicago Police Department, all | ||
appointed by the Governor. | ||
(4) The Director of the Illinois State Police or his or | ||
her designee. | ||
(5) The Attorney General, or his or her designee. | ||
(6) A retired judge appointed by the Governor. | ||
(7)
one State Representative, appointed by the Speaker | ||
of the House of Representatives;
one State Representative, | ||
appointed by the Minority Leader of the House of | ||
Representatives;
one State Senator, appointed by the | ||
President of the Senate;
one State Senator, appointed by | ||
the Minority Leader of the Senate.
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(b) The members of the Task Force shall serve without | ||
compensation. | ||
(c) The Illinois Criminal Justice Information Authority |
shall provide administrative and technical support to the Task | ||
Force and be responsible for administering its operations, | ||
appointing a chairperson, and ensuring that the requirements of | ||
the Task Force are met.
The President of the Senate and the | ||
Speaker of the House of Representatives shall appoint | ||
co-chairpersons for the Task Force. The Task Force shall have | ||
all appointments made within 30 days of the effective date of | ||
this amendatory Act of the 101st General Assembly.
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Section 4-15. Meetings; report. | ||
(a) The Task Force shall meet at least 3 times with the | ||
first meeting occurring within 60 days after the effective date | ||
of this amendatory Act of the 101st General Assembly. | ||
(b) The Task Force shall review available research, best | ||
practices, and effective interventions to formulate | ||
recommendations. | ||
(c) The Task Force shall produce a report detailing the | ||
Task Force's findings and recommendations and needed | ||
resources. The Task Force shall submit a report of its findings | ||
and recommendations to the General Assembly and the Governor by | ||
May 1, 2021. | ||
Section 4-20. Repeal.
This Act is repealed on January 1, | ||
2022. | ||
Article 10. |
Amendatory Provisions | ||
Section 10-105. The Statute on Statutes is amended by | ||
adding Section 1.43 as follows: | ||
(5 ILCS 70/1.43 new) | ||
Sec. 1.43. Reference to bail, bail bond, or conditions of | ||
bail. Whenever there is a reference in any Act to "bail", "bail | ||
bond", or "conditions of bail", these terms shall be construed | ||
as "pretrial release" or "conditions of pretrial release". | ||
Section 10-110. The Freedom of Information Act is amended | ||
by changing Section 2.15 as follows: | ||
(5 ILCS 140/2.15) | ||
Sec. 2.15. Arrest reports and criminal history records. | ||
(a) Arrest reports. The following chronologically | ||
maintained arrest and criminal history information maintained | ||
by State or local criminal justice agencies shall be furnished | ||
as soon as practical, but in no event later than 72 hours after | ||
the arrest, notwithstanding the time limits otherwise provided | ||
for in Section 3 of this Act: (i) information that identifies | ||
the individual, including the name, age, address, and | ||
photograph, when and if available; (ii) information detailing | ||
any charges relating to the arrest; (iii) the time and location | ||
of the arrest; (iv) the name of the investigating or arresting |
law enforcement agency; (v) if the individual is incarcerated, | ||
the conditions of pretrial release amount of any bail or bond ; | ||
and (vi) if the individual is incarcerated, the time and date | ||
that the individual was received into, discharged from, or | ||
transferred from the arresting agency's custody. | ||
(b) Criminal history records. The following documents | ||
maintained by a public body pertaining to
criminal history | ||
record information are public records subject to inspection and | ||
copying by the
public pursuant to this Act: (i) court records | ||
that are public; (ii) records that are otherwise
available | ||
under State or local law; and (iii) records in which the | ||
requesting party is the individual
identified, except as | ||
provided under Section 7(1)(d)(vi). | ||
(c) Information described in items (iii) through (vi) of | ||
subsection (a) may be withheld if it is
determined that | ||
disclosure would: (i) interfere with pending or actually and | ||
reasonably contemplated law enforcement proceedings conducted | ||
by any law enforcement agency; (ii) endanger the life or | ||
physical safety of law enforcement or correctional personnel or | ||
any other person; or (iii) compromise the security of any | ||
correctional facility. | ||
(d) The provisions of this Section do not supersede the | ||
confidentiality provisions for law enforcement or arrest | ||
records of the Juvenile Court Act of 1987.
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(e) Notwithstanding the requirements of subsection (a), a | ||
law enforcement agency may not publish booking photographs, |
commonly known as "mugshots", on its social networking website | ||
in connection with civil offenses, petty offenses, business | ||
offenses, Class C misdemeanors, and Class B misdemeanors unless | ||
the booking photograph is posted to the social networking | ||
website to assist in the search for a missing person or to | ||
assist in the search for a fugitive, person of interest, or | ||
individual wanted in relation to a crime other than a petty | ||
offense, business offense, Class C misdemeanor, or Class B | ||
misdemeanor. As used in this subsection, "social networking | ||
website" has the meaning provided in Section 10 of the Right to | ||
Privacy in the Workplace Act. | ||
(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.) | ||
Section 10-115. The State Records Act is amended by | ||
changing Section 4a as follows:
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(5 ILCS 160/4a)
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Sec. 4a. Arrest records and reports.
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(a) When an individual is arrested, the following | ||
information must
be made available to the news media for | ||
inspection and copying:
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(1) Information that identifies the individual,
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including the name, age, address, and photograph, when and | ||
if available.
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(2) Information detailing any charges relating to the | ||
arrest.
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(3) The time and location of the arrest.
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(4) The name of the investigating or arresting law | ||
enforcement agency.
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(5) If the individual is incarcerated, the conditions | ||
of pretrial release amount of any bail
or bond .
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(6) If the individual is incarcerated, the time and | ||
date that the
individual was received, discharged, or | ||
transferred from the arresting
agency's custody.
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(b) The information required by this Section must be made | ||
available to the
news media for inspection and copying as soon | ||
as practicable, but in no event
shall the time period exceed 72 | ||
hours from the arrest. The information
described in paragraphs | ||
(3), (4), (5), and (6) of
subsection (a), however, may be | ||
withheld if it is determined that disclosure
would:
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(1) interfere with pending or actually and reasonably | ||
contemplated law
enforcement proceedings conducted by any | ||
law enforcement or correctional
agency;
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(2) endanger the life or physical safety of law | ||
enforcement or
correctional personnel or any other person; | ||
or
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(3) compromise the security of any correctional | ||
facility.
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(c) For the purposes of this Section, the term "news media" | ||
means personnel
of a newspaper or other periodical issued at | ||
regular intervals whether in
print or electronic format, a news | ||
service whether in print or electronic
format, a radio station, |
a television station, a television network, a
community antenna | ||
television service, or a person or corporation engaged in
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making news reels or other motion picture news for public | ||
showing.
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(d) Each law enforcement or correctional agency may charge | ||
fees for arrest
records, but in no instance may the fee exceed | ||
the actual cost of copying and
reproduction. The fees may not | ||
include the cost of the labor used to reproduce
the arrest | ||
record.
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(e) The provisions of this Section do not supersede the | ||
confidentiality
provisions for arrest records of the Juvenile | ||
Court Act of 1987.
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(f) All information, including photographs, made available | ||
under this Section is subject to the provisions of Section 2QQQ | ||
of the Consumer Fraud and Deceptive Business Practices Act. | ||
(g) Notwithstanding the requirements of subsection (a), a | ||
law enforcement agency may not publish booking photographs, | ||
commonly known as "mugshots", on its social networking website | ||
in connection with civil offenses, petty offenses, business | ||
offenses, Class C misdemeanors, and Class B misdemeanors unless | ||
the booking photograph is posted to the social networking | ||
website to assist in the search for a missing person or to | ||
assist in the search for a fugitive, person of interest, or | ||
individual wanted in relation to a crime other than a petty | ||
offense, business offense, Class C misdemeanor, or Class B | ||
misdemeanor. As used in this subsection, "social networking |
website" has the meaning provided in Section 10 of the Right to | ||
Privacy in the Workplace Act. | ||
(Source: P.A. 101-433, eff. 8-20-19.)
| ||
Section 10-116. The Illinois Public Labor Relations Act is | ||
amended by changing Section 14 as follows:
| ||
(5 ILCS 315/14) (from Ch. 48, par. 1614)
| ||
Sec. 14. Security employee, peace officer and fire fighter | ||
disputes.
| ||
(a) In the case of collective bargaining agreements | ||
involving units of
security employees of a public employer, | ||
Peace Officer Units, or units of
fire fighters or paramedics, | ||
and in the case of disputes under Section 18,
unless the | ||
parties mutually agree to some other time limit, mediation
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shall commence 30 days prior to the expiration date of such | ||
agreement or
at such later time as the mediation services | ||
chosen under subsection (b) of
Section 12 can be provided to | ||
the parties. In the case of negotiations
for an initial | ||
collective bargaining agreement, mediation shall commence
upon | ||
15 days notice from either party or at such later time as the
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mediation services chosen pursuant to subsection (b) of Section | ||
12 can be
provided to the parties. In mediation under this | ||
Section, if either party
requests the use of mediation services | ||
from the Federal Mediation and
Conciliation Service, the other | ||
party shall either join in such request or
bear the additional |
cost of mediation services from another source. The
mediator | ||
shall have a duty to keep the Board informed on the progress of
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the mediation. If any dispute has not been resolved within 15 | ||
days after
the first meeting of the parties and the mediator, | ||
or within such other
time limit as may be mutually agreed upon | ||
by the parties, either the
exclusive representative or employer | ||
may request of the other, in writing,
arbitration, and shall | ||
submit a copy of the request to the Board.
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(b) Within 10 days after such a request for arbitration has | ||
been
made, the employer shall choose a delegate and
the | ||
employees' exclusive representative shall choose a delegate to | ||
a panel
of arbitration as provided in this Section. The | ||
employer and employees
shall forthwith advise the other and the | ||
Board of their selections.
| ||
(c) Within 7 days after the request of either party, the | ||
parties shall request a panel of impartial arbitrators from | ||
which they shall select the neutral chairman according to the | ||
procedures provided in this Section. If the parties have agreed | ||
to a contract that contains a grievance resolution procedure as | ||
provided in Section 8, the chairman shall be selected using | ||
their agreed contract procedure unless they mutually agree to | ||
another procedure. If the parties fail to notify the Board of | ||
their selection of neutral chairman within 7 days after receipt | ||
of the list of impartial arbitrators, the Board shall appoint, | ||
at random, a neutral chairman from the list. In the absence of | ||
an agreed contract procedure for selecting an impartial |
arbitrator, either party may request a panel from the Board. | ||
Within 7 days of the request of either party, the Board shall | ||
select
from the Public Employees Labor Mediation Roster 7 | ||
persons who are on the
labor arbitration panels of either the | ||
American Arbitration Association or
the Federal Mediation and | ||
Conciliation Service, or who are members of the
National | ||
Academy of Arbitrators, as nominees for
impartial arbitrator of | ||
the arbitration panel. The parties may select an
individual on | ||
the list provided by the Board or any other individual
mutually | ||
agreed upon by the parties. Within 7 days following the receipt
| ||
of the list, the parties shall notify the Board of the person | ||
they have
selected. Unless the parties agree on an alternate | ||
selection procedure,
they shall alternatively strike one name | ||
from the list provided by the
Board until only one name | ||
remains. A coin toss shall determine which party
shall strike | ||
the first name. If the parties fail to notify the Board in a
| ||
timely manner of their selection for neutral chairman, the | ||
Board shall
appoint a neutral chairman from the Illinois Public | ||
Employees
Mediation/Arbitration Roster.
| ||
(d) The chairman shall call a hearing to begin within 15 | ||
days and give
reasonable notice of the time and place of the | ||
hearing. The hearing
shall be held at the offices of the Board | ||
or at such other location as the
Board deems appropriate. The | ||
chairman shall preside over the hearing and
shall take | ||
testimony. Any oral or documentary evidence and other data
| ||
deemed relevant by the arbitration panel may be received in |
evidence. The
proceedings shall be informal. Technical rules of | ||
evidence shall not apply
and the competency of the evidence | ||
shall not thereby be deemed impaired. A
verbatim record of the | ||
proceedings shall be made and the arbitrator shall
arrange for | ||
the necessary recording service. Transcripts may be ordered at
| ||
the expense of the party ordering them, but the transcripts | ||
shall not be
necessary for a decision by the arbitration panel. | ||
The expense of the
proceedings, including a fee for the | ||
chairman, shall be borne equally by each of the parties to the | ||
dispute.
The delegates, if public officers or employees, shall | ||
continue on the
payroll of the public employer without loss of | ||
pay. The hearing conducted
by the arbitration panel may be | ||
adjourned from time to time, but unless
otherwise agreed by the | ||
parties, shall be concluded within 30 days of the
time of its | ||
commencement. Majority actions and rulings shall constitute
| ||
the actions and rulings of the arbitration panel. Arbitration | ||
proceedings
under this Section shall not be interrupted or | ||
terminated by reason of any
unfair labor practice charge filed | ||
by either party at any time.
| ||
(e) The arbitration panel may administer oaths, require the | ||
attendance
of witnesses, and the production of such books, | ||
papers, contracts, agreements
and documents as may be deemed by | ||
it material to a just determination of
the issues in dispute, | ||
and for such purpose may issue subpoenas. If any
person refuses | ||
to obey a subpoena, or refuses to be sworn or to testify,
or if | ||
any witness, party or attorney is guilty of any contempt while |
in
attendance at any hearing, the arbitration panel may, or the | ||
attorney general
if requested shall, invoke the aid of any | ||
circuit court within the jurisdiction
in which the hearing is | ||
being held, which court shall issue an appropriate
order. Any | ||
failure to obey the order may be punished by the court as | ||
contempt.
| ||
(f) At any time before the rendering of an award, the | ||
chairman of the
arbitration panel, if he is of the opinion that | ||
it would be useful or
beneficial to do so, may remand the | ||
dispute to the parties for further
collective bargaining for a | ||
period not to exceed 2 weeks. If the dispute
is remanded for | ||
further collective bargaining the time provisions of this
Act | ||
shall be extended for a time period equal to that of the | ||
remand. The
chairman of the panel of arbitration shall notify | ||
the Board of the remand.
| ||
(g) At or before the conclusion of the hearing held | ||
pursuant to subsection
(d), the arbitration panel shall | ||
identify the economic issues in dispute,
and direct each of the | ||
parties to submit, within such time limit as the
panel shall | ||
prescribe, to the arbitration panel and to each other its last
| ||
offer of settlement on each economic issue. The determination | ||
of the
arbitration panel as to the issues in dispute and as to | ||
which of these
issues are economic shall be conclusive. The | ||
arbitration panel, within 30
days after the conclusion of the | ||
hearing, or such further additional
periods to which the | ||
parties may agree, shall make written findings of fact
and |
promulgate a written opinion and shall mail or otherwise | ||
deliver a true
copy thereof to the parties and their | ||
representatives and to the Board. As
to each economic issue, | ||
the arbitration panel shall adopt the last offer of
settlement | ||
which, in the opinion of the arbitration panel, more nearly
| ||
complies with the applicable factors prescribed in subsection | ||
(h). The
findings, opinions and order as to all other issues | ||
shall be based upon the
applicable factors prescribed in | ||
subsection (h).
| ||
(h) Where there is no agreement between the parties, or | ||
where there is
an agreement but the parties have begun | ||
negotiations or discussions looking
to a new agreement or | ||
amendment of the existing agreement, and wage rates
or other | ||
conditions of employment under the proposed new or amended | ||
agreement
are in dispute, the arbitration panel shall base its | ||
findings, opinions
and order upon the following factors, as | ||
applicable:
| ||
(1) The lawful authority of the employer.
| ||
(2) Stipulations of the parties.
| ||
(3) The interests and welfare of the public and the | ||
financial ability
of the unit of government to meet those | ||
costs.
| ||
(4) Comparison of the wages, hours and conditions of | ||
employment of the
employees involved in the arbitration | ||
proceeding with the wages, hours and
conditions of | ||
employment of other employees performing similar services
|
and with other employees generally:
| ||
(A) In public employment in comparable | ||
communities.
| ||
(B) In private employment in comparable | ||
communities.
| ||
(5) The average consumer prices for goods and services, | ||
commonly known
as the cost of living.
| ||
(6) The overall compensation presently received by the | ||
employees,
including
direct wage compensation, vacations, | ||
holidays and other excused time, insurance
and pensions, | ||
medical and hospitalization benefits, the continuity and
| ||
stability of employment and all other benefits received.
| ||
(7) Changes in any of the foregoing circumstances | ||
during the pendency
of the arbitration proceedings.
| ||
(8) Such other factors, not confined to the foregoing, | ||
which are normally
or traditionally taken into | ||
consideration in the determination of wages,
hours and | ||
conditions of employment through voluntary collective | ||
bargaining,
mediation, fact-finding, arbitration or | ||
otherwise between the parties, in
the public service or in | ||
private employment.
| ||
(i) In the case of peace officers, the arbitration decision | ||
shall be
limited to wages, hours, and conditions of employment | ||
(which may include
residency requirements in municipalities | ||
with a population under 100,000 1,000,000 , but
those residency | ||
requirements shall not allow residency outside of Illinois)
and |
shall not include
the following: i) residency requirements in | ||
municipalities with a population
of at least 100,000 1,000,000 ; | ||
ii) the type of equipment, other
than uniforms, issued or used; | ||
iii) manning; iv) the total number of
employees employed by the | ||
department; v) mutual aid and assistance
agreements to other | ||
units of government; and vi) the criterion pursuant to
which | ||
force, including deadly force, can be used; provided, nothing | ||
herein
shall preclude an arbitration decision regarding | ||
equipment or manning
levels if such decision is based on a | ||
finding that the equipment or manning
considerations in a | ||
specific work assignment involve a serious risk to the
safety | ||
of a peace officer beyond that which is inherent in the normal
| ||
performance of police duties. Limitation of the terms of the | ||
arbitration
decision pursuant to this subsection shall not be | ||
construed to limit the
factors upon which the decision may be | ||
based, as set forth in subsection (h).
| ||
In the case of fire fighter, and fire department or fire | ||
district paramedic
matters, the arbitration decision shall be | ||
limited to wages, hours, and
conditions of employment | ||
(including manning and also including residency requirements | ||
in
municipalities with a population under 1,000,000, but those | ||
residency
requirements shall not allow residency outside of | ||
Illinois) and shall not
include the
following matters: i) | ||
residency requirements in municipalities with a
population of | ||
at least 1,000,000; ii) the type of equipment (other than
| ||
uniforms and fire fighter turnout gear) issued or used; iii) |
the total
number of employees employed by the department; iv) | ||
mutual aid and
assistance agreements to other units of | ||
government; and v) the criterion
pursuant to which force, | ||
including deadly force, can be used; provided,
however, nothing | ||
herein shall preclude an arbitration decision regarding
| ||
equipment levels if such decision is based on a finding that | ||
the equipment
considerations in a specific work assignment | ||
involve a serious risk to the
safety of a fire fighter beyond | ||
that which is inherent in the normal
performance of fire | ||
fighter duties. Limitation of the terms of the
arbitration | ||
decision pursuant to this subsection shall not be construed to
| ||
limit the facts upon which the decision may be based, as set | ||
forth in
subsection (h).
| ||
The changes to this subsection (i) made by Public Act | ||
90-385 (relating to residency requirements) do not
apply to | ||
persons who are employed by a combined department that performs | ||
both
police and firefighting services; these persons shall be | ||
governed by the
provisions of this subsection (i) relating to | ||
peace officers, as they existed
before the amendment by Public | ||
Act 90-385.
| ||
To preserve historical bargaining rights, this subsection | ||
shall not apply
to any provision of a fire fighter collective | ||
bargaining agreement in effect
and applicable on the effective | ||
date of this Act; provided, however, nothing
herein shall | ||
preclude arbitration with respect to any such provision.
| ||
(j) Arbitration procedures shall be deemed to be initiated |
by the
filing of a letter requesting mediation as required | ||
under subsection (a)
of this Section. The commencement of a new | ||
municipal fiscal year after the
initiation of arbitration | ||
procedures under this Act, but before the
arbitration decision, | ||
or its enforcement, shall not be deemed to render a
dispute | ||
moot, or to otherwise impair the jurisdiction or authority of | ||
the
arbitration panel or its decision. Increases in rates
of | ||
compensation awarded by the arbitration panel may be effective | ||
only at
the start of the fiscal year next commencing after the | ||
date of the arbitration
award. If a new fiscal year has | ||
commenced either since the initiation of
arbitration | ||
procedures under this Act or since any mutually agreed
| ||
extension of the statutorily required period of mediation
under | ||
this Act by the parties to the labor dispute causing a
delay in | ||
the initiation of arbitration, the foregoing limitations shall | ||
be
inapplicable, and such awarded increases may be retroactive | ||
to the
commencement of the fiscal year, any other statute or | ||
charter provisions to
the contrary, notwithstanding. At any | ||
time the parties, by stipulation, may
amend or modify an award | ||
of arbitration.
| ||
(k) Orders of the arbitration panel shall be reviewable, | ||
upon
appropriate petition by either the public employer or the | ||
exclusive
bargaining representative, by the circuit court for | ||
the county in which the
dispute arose or in which a majority of | ||
the affected employees reside, but
only for reasons that the | ||
arbitration panel was without or exceeded its
statutory |
authority; the order is arbitrary, or capricious; or the order
| ||
was procured by fraud, collusion or other similar and unlawful | ||
means. Such
petitions for review must be filed with the | ||
appropriate circuit court
within 90 days following the issuance | ||
of the arbitration order. The
pendency of such proceeding for | ||
review shall not automatically stay the
order of the | ||
arbitration panel. The party against whom the final decision
of | ||
any such court shall be adverse, if such court finds such | ||
appeal or
petition to be frivolous, shall pay reasonable | ||
attorneys' fees and costs to
the successful party as determined | ||
by said court in its discretion. If said
court's decision | ||
affirms the award of money, such award, if retroactive,
shall | ||
bear interest at the rate of 12 percent per annum from the | ||
effective
retroactive date.
| ||
(l) During the pendency of proceedings before the | ||
arbitration panel,
existing wages, hours, and other conditions | ||
of employment shall not be
changed by action of either party | ||
without the consent of the other but a
party may so consent | ||
without prejudice to his rights or position under
this Act. The | ||
proceedings are deemed to be pending before the arbitration
| ||
panel upon the initiation of arbitration procedures under this | ||
Act.
| ||
(m) Security officers of public employers, and Peace | ||
Officers, Fire
Fighters and fire department and fire protection | ||
district paramedics,
covered by this Section may not withhold | ||
services, nor may public employers
lock out or prevent such |
employees from performing services at any time.
| ||
(n) All of the terms decided upon by the arbitration panel | ||
shall be included
in an agreement to be submitted to the public | ||
employer's governing body
for ratification and adoption by law, | ||
ordinance or the equivalent
appropriate means.
| ||
The governing body shall review each term decided by the | ||
arbitration panel.
If the governing body fails to reject one or | ||
more terms of the
arbitration panel's decision by a 3/5 vote of | ||
those duly elected and
qualified members of the governing body, | ||
within 20 days of issuance, or
in the case of firefighters | ||
employed by a state university, at the next
regularly scheduled | ||
meeting of the governing body after issuance, such
term or | ||
terms shall become a part of the collective bargaining | ||
agreement of
the parties. If the governing body affirmatively | ||
rejects one or more terms
of the arbitration panel's decision, | ||
it must provide reasons for such
rejection with respect to each | ||
term so rejected, within 20 days of such
rejection and the | ||
parties shall return to the arbitration panel
for further | ||
proceedings and issuance of a supplemental decision with | ||
respect
to the rejected terms. Any supplemental decision by an | ||
arbitration panel
or other decision maker agreed to by the | ||
parties shall be submitted to
the governing body for | ||
ratification and adoption in accordance with the
procedures and | ||
voting requirements set forth in this Section.
The voting | ||
requirements of this subsection shall apply to all disputes
| ||
submitted to arbitration pursuant to this Section |
notwithstanding any
contrary voting requirements contained in | ||
any existing collective
bargaining agreement between the | ||
parties.
| ||
(o) If the governing body of the employer votes to reject | ||
the panel's
decision, the parties shall return to the panel | ||
within 30 days from the
issuance of the reasons for rejection | ||
for further proceedings and issuance
of a supplemental | ||
decision. All reasonable costs of such supplemental
proceeding | ||
including the exclusive representative's reasonable attorney's
| ||
fees, as established by the Board, shall be paid by the | ||
employer.
| ||
(p) Notwithstanding the provisions of this Section the | ||
employer and
exclusive representative may agree to submit | ||
unresolved disputes concerning
wages, hours, terms and | ||
conditions of employment to an alternative form of
impasse | ||
resolution.
| ||
(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
| ||
Section 10-116.5. The Community-Law Enforcement | ||
Partnership for Deflection and Substance Use Disorder | ||
Treatment Act is amended by changing Sections 1, 5, 10, 15, 20, | ||
30, and 35 and by adding Section 21 as follows: | ||
(5 ILCS 820/1)
| ||
Sec. 1. Short title. This Act may be cited as the | ||
Community-Law Enforcement and Other First Responder |
Partnership for Deflection and Substance Use Disorder | ||
Treatment Act.
| ||
(Source: P.A. 100-1025, eff. 1-1-19 .) | ||
(5 ILCS 820/5)
| ||
Sec. 5. Purposes. The General Assembly hereby acknowledges | ||
that opioid use disorders, overdoses, and deaths in Illinois | ||
are persistent and growing concerns for Illinois communities. | ||
These concerns compound existing challenges to adequately | ||
address and manage substance use and mental health disorders. | ||
Law enforcement officers , other first responders, and | ||
co-responders have a unique opportunity to facilitate | ||
connections to community-based behavioral health interventions | ||
that provide substance use treatment and can help save and | ||
restore lives; help reduce drug use, overdose incidence, | ||
criminal offending, and recidivism; and help prevent arrest and | ||
conviction records that destabilize health, families, and | ||
opportunities for community citizenship and self-sufficiency. | ||
These efforts are bolstered when pursued in partnership with | ||
licensed behavioral health treatment providers and community | ||
members or organizations. It is the intent of the General | ||
Assembly to authorize law enforcement and other first | ||
responders to develop and implement collaborative deflection | ||
programs in Illinois that offer immediate pathways to substance | ||
use treatment and other services as an alternative to | ||
traditional case processing and involvement in the criminal |
justice system , and to unnecessary admission to emergency | ||
departments .
| ||
(Source: P.A. 100-1025, eff. 1-1-19 .) | ||
(5 ILCS 820/10)
| ||
Sec. 10. Definitions. In this Act:
| ||
"Case management" means those services which will assist | ||
persons in gaining access to needed social, educational, | ||
medical, substance use and mental health treatment, and other | ||
services.
| ||
"Community member or organization" means an individual | ||
volunteer, resident, public office, or a not-for-profit | ||
organization, religious institution, charitable organization, | ||
or other public body committed to the improvement of individual | ||
and family mental and physical well-being and the overall | ||
social welfare of the community, and may include persons with | ||
lived experience in recovery from substance use disorder, | ||
either themselves or as family members.
| ||
"Other first responder" means and includes emergency | ||
medical services providers that are public units of government, | ||
fire departments and districts, and officials and responders | ||
representing and employed by these entities. | ||
"Deflection program" means a program in which a peace | ||
officer or member of a law enforcement agency or other first | ||
responder facilitates contact between an individual and a | ||
licensed substance use treatment provider or clinician for |
assessment and coordination of treatment planning , including | ||
co-responder approaches that incorporate behavioral health, | ||
peer, or social work professionals with law enforcement or | ||
other first responders at the scene . This facilitation includes | ||
defined criteria for eligibility and communication protocols | ||
agreed to by the law enforcement agency or other first | ||
responder entity and the licensed treatment provider for the | ||
purpose of providing substance use treatment to those persons | ||
in lieu of arrest or further justice system involvement , or | ||
unnecessary admissions to the emergency department . Deflection | ||
programs may include, but are not limited to, the following | ||
types of responses: | ||
(1) a post-overdose deflection response initiated by a | ||
peace officer or law enforcement agency subsequent to | ||
emergency administration of medication to reverse an | ||
overdose, or in cases of severe substance use disorder with | ||
acute risk for overdose;
| ||
(2) a self-referral deflection response initiated by | ||
an individual by contacting a peace officer or law | ||
enforcement agency or other first responder in the | ||
acknowledgment of their substance use or disorder;
| ||
(3) an active outreach deflection response initiated | ||
by a peace officer or law enforcement agency or other first | ||
responder as a result of proactive identification of | ||
persons thought likely to have a substance use disorder;
| ||
(4) an officer or other first responder prevention |
deflection response initiated by a peace officer or law | ||
enforcement agency in response to a community call when no | ||
criminal charges are present; and | ||
(5) an officer intervention deflection response when | ||
criminal charges are present but held in abeyance pending | ||
engagement with treatment.
| ||
"Law enforcement agency" means a municipal police | ||
department or county sheriff's office of this State, the | ||
Department of State Police, or other law enforcement agency | ||
whose officers, by statute, are granted and authorized to | ||
exercise powers similar to those conferred upon any peace | ||
officer employed by a law enforcement agency of this State.
| ||
"Licensed treatment provider" means an organization | ||
licensed by the Department of Human Services to perform an | ||
activity or service, or a coordinated range of those activities | ||
or services, as the Department of Human Services may establish | ||
by rule, such as the broad range of emergency, outpatient, | ||
intensive outpatient, and residential services and care, | ||
including assessment, diagnosis, case management, medical, | ||
psychiatric, psychological and social services, | ||
medication-assisted treatment, care and counseling, and | ||
recovery support, which may be extended to persons to assess or | ||
treat substance use disorder or to families of those persons.
| ||
"Peace officer" means any peace officer or member of any | ||
duly organized State, county, or municipal peace officer unit, | ||
any police force of another State, or any police force whose |
members, by statute, are granted and authorized to exercise | ||
powers similar to those conferred upon any peace officer | ||
employed by a law enforcement agency of this State.
| ||
"Substance use disorder" means a pattern of use of alcohol | ||
or other drugs leading to clinical or functional impairment, in | ||
accordance with the definition in the Diagnostic and | ||
Statistical Manual of Mental Disorders (DSM-5), or in any | ||
subsequent editions.
| ||
"Treatment" means the broad range of emergency, | ||
outpatient, intensive outpatient, and residential services and | ||
care (including assessment, diagnosis, case management, | ||
medical, psychiatric, psychological and social services, | ||
medication-assisted treatment, care and counseling, and | ||
recovery support) which may be extended to persons who have | ||
substance use disorders, persons with mental illness, or | ||
families of those persons.
| ||
(Source: P.A. 100-1025, eff. 1-1-19 .) | ||
(5 ILCS 820/15)
| ||
Sec. 15. Authorization.
| ||
(a) Any law enforcement agency or other first responder | ||
entity may establish a deflection program subject to the | ||
provisions of this Act in partnership with one or more licensed | ||
providers of substance use disorder treatment services and one | ||
or more community members or organizations.
Programs | ||
established by another first responder entity shall also |
include a law enforcement agency. | ||
(b) The deflection program may involve a post-overdose | ||
deflection response, a self-referral deflection response, an | ||
active outreach deflection response, an officer or other first | ||
responder prevention deflection response, or an officer | ||
intervention deflection response, or any combination of those.
| ||
(c) Nothing shall preclude the General Assembly from adding | ||
other responses to a deflection program, or preclude a law | ||
enforcement agency or other first responder entity from | ||
developing a deflection program response based on a model | ||
unique and responsive to local issues, substance use or mental | ||
health needs, and partnerships, using sound and promising or | ||
evidence-based practices.
| ||
(c-5) Whenever appropriate and available, case management | ||
should be provided by a licensed treatment provider or other | ||
appropriate provider and may include peer recovery support | ||
approaches. | ||
(d) To receive funding for activities as described in | ||
Section 35 of this Act, planning for the deflection program | ||
shall include:
| ||
(1) the involvement of one or more licensed treatment | ||
programs and one or more community members or | ||
organizations; and
| ||
(2) an agreement with the Illinois Criminal Justice | ||
Information Authority to collect and evaluate relevant | ||
statistical data related to the program, as established by |
the Illinois Criminal Justice Information Authority in | ||
paragraph (2) of subsection (a) of Section 25 of this Act. | ||
(3) an agreement with participating licensed treatment | ||
providers authorizing the release of statistical data to | ||
the Illinois Criminal Justice Information Authority, in | ||
compliance with State and Federal law, as established by | ||
the Illinois Criminal Justice Information Authority in | ||
paragraph (2) of subsection (a) of Section 25 of this Act.
| ||
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(5 ILCS 820/20)
| ||
Sec. 20. Procedure. The law enforcement agency or other | ||
first responder entity , licensed treatment providers, and | ||
community members or organizations shall establish a local | ||
deflection program plan that includes protocols and procedures | ||
for participant identification, screening or assessment, | ||
treatment facilitation, reporting, and ongoing involvement of | ||
the law enforcement agency. Licensed substance use disorder | ||
treatment organizations shall adhere to 42 CFR Part 2 regarding | ||
confidentiality regulations for information exchange or | ||
release. Substance use disorder treatment services shall | ||
adhere to all regulations specified in Department of Human | ||
Services Administrative Rules, Parts 2060 and 2090.
| ||
(Source: P.A. 100-1025, eff. 1-1-19 .) | ||
(5 ILCS 820/21 new) |
Sec. 21. Training. The law enforcement agency or other | ||
first responder entity in programs that receive funding for | ||
services under Section 35 of this Act shall and that receive | ||
training under subsection (a.1) of Section 35 shall be trained | ||
in: | ||
(a)Neuroscience of Addiction for Law Enforcement; | ||
(b)Medication-Assisted Treatment; | ||
(c)Criminogenic Risk-Need for Health and Safety; | ||
(d)Why Drug Treatment Works?; | ||
(e)Eliminating Stigma for People with Substance-Use | ||
Disorders and Mental Health; | ||
(f)Avoiding Racial Bias in Deflection Program; | ||
(g)Promotion Racial and Gender Equity in Deflection; | ||
(h)Working With Community Partnerships; and | ||
(i)Deflection in Rural Communities. | ||
(5 ILCS 820/30)
| ||
Sec. 30. Exemption from civil liability. The law | ||
enforcement agency or peace officer or other first responder | ||
acting in good faith shall not, as the result of acts or | ||
omissions in providing services under Section 15 of this Act, | ||
be liable for civil damages, unless the acts or omissions | ||
constitute willful and wanton misconduct.
| ||
(Source: P.A. 100-1025, eff. 1-1-19 .) | ||
(5 ILCS 820/35)
|
Sec. 35. Funding.
| ||
(a) The General Assembly may appropriate funds to the | ||
Illinois Criminal Justice Information Authority for the | ||
purpose of funding law enforcement agencies or other first | ||
responder entities for services provided by deflection program | ||
partners as part of deflection programs subject to subsection | ||
(d) of Section 15 of this Act.
| ||
(a.1) Up to 10 percent of appropriated funds may be | ||
expended on activities related to knowledge dissemination, | ||
training, technical assistance, or other similar activities | ||
intended to increase practitioner and public awareness of | ||
deflection and/or to support its implementation. The Illinois | ||
Criminal Justice Information Authority may adopt guidelines | ||
and requirements to direct the distribution of funds for these | ||
activities. | ||
(b) For all appropriated funds not distributed under | ||
subsection a.1, the The Illinois Criminal Justice Information | ||
Authority may adopt guidelines and requirements to direct the | ||
distribution of funds for expenses related to deflection | ||
programs. Funding shall be made available to support both new | ||
and existing deflection programs in a broad spectrum of | ||
geographic regions in this State, including urban, suburban, | ||
and rural communities. Funding for deflection programs shall be | ||
prioritized for communities that have been impacted by the war | ||
on drugs, communities that have a police/community relations | ||
issue, and communities that have a disproportionate lack of |
access to mental health and drug treatment. Activities eligible | ||
for funding under this Act may include, but are not limited to, | ||
the following:
| ||
(1) activities related to program administration, | ||
coordination, or management, including, but not limited | ||
to, the development of collaborative partnerships with | ||
licensed treatment providers and community members or | ||
organizations; collection of program data; or monitoring | ||
of compliance with a local deflection program plan;
| ||
(2) case management including case management provided | ||
prior to assessment, diagnosis, and engagement in | ||
treatment, as well as assistance navigating and gaining | ||
access to various treatment modalities and support | ||
services;
| ||
(3) peer recovery or recovery support services that | ||
include the perspectives of persons with the experience of | ||
recovering from a substance use disorder, either | ||
themselves or as family members;
| ||
(4) transportation to a licensed treatment provider or | ||
other program partner location; | ||
(5) program evaluation activities. | ||
(6) naloxone and related supplies necessary for | ||
carrying out overdose reversal for purposes of | ||
distribution to program participants or for use by law | ||
enforcement or other first responders; and | ||
(7) treatment necessary to prevent gaps in service |
delivery between linkage and coverage by other funding | ||
sources when otherwise non-reimbursable. | ||
(c) Specific linkage agreements with recovery support | ||
services or self-help entities may be a requirement of the | ||
program services protocols. All deflection programs shall | ||
encourage the involvement of key family members and significant | ||
others as a part of a family-based approach to treatment. All | ||
deflection programs are encouraged to use evidence-based | ||
practices and outcome measures in the provision of substance | ||
use disorder treatment and medication-assisted treatment for | ||
persons with opioid use disorders.
| ||
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
Section 10-116.7. The Attorney General Act is amended by | ||
adding Section 10 as follows: | ||
(15 ILCS 205/10 new) | ||
Sec. 10. Executive officers. | ||
(a) As used in this Section: | ||
(1)"Governmental authority" means any local | ||
governmental unit in this State, any municipal corporation | ||
in this State, or any governmental unit of the State of | ||
Illinois. This includes any office, officer, department, | ||
division, bureau, board, commission, or agency of the | ||
State. | ||
(2) "Officer" means any probationary law enforcement |
officer, probationary part-time law enforcement officer, | ||
permanent law enforcement officer, part-time law | ||
enforcement officer, law enforcement officer, recruit, | ||
probationary county corrections officer, permanent county | ||
corrections officer, county corrections officer, | ||
probationary court security officer, permanent court | ||
security officer, or court security officer as defined in | ||
Section 2 of the Police Training Act. | ||
(b) No governmental authority, or agent of a governmental | ||
authority, or person acting on behalf of a governmental | ||
authority, shall engage in a pattern or practice of conduct by | ||
officers that deprives any person of rights, privileges, or | ||
immunities secured or protected by the Constitution or laws of | ||
the United States or by the Constitution or laws of Illinois. | ||
(c) Whenever the Illinois Attorney General has reasonable | ||
cause to believe that a violation of subsection (b) has | ||
occurred, the Illinois Attorney General may commence a civil | ||
action in the name of the People of the State to obtain | ||
appropriate equitable and declaratory relief to eliminate the | ||
pattern or practice. Venue for this civil action shall be | ||
Sangamon County or Cook County. Such actions shall be commenced | ||
no later than 5 years after the occurrence or the termination | ||
of an alleged violation, whichever occurs last. | ||
(d) Prior to initiating a civil action, the Attorney | ||
General may conduct a preliminary investigation to determine | ||
whether there is reasonable cause to believe that a violation |
of subsection (b) has occurred. In conducting this | ||
investigation, the Attorney General may: | ||
(1) require the individual or entity to file a | ||
statement or report in writing under oath or otherwise, as | ||
to all information the Attorney General may consider | ||
necessary; | ||
(2) examine under oath any person alleged to have | ||
participated in or with knowledge of the alleged pattern | ||
and practice violation; or | ||
(3) issue subpoenas or conduct hearings in aid of any | ||
investigation. | ||
(e) Service by the Attorney General of any notice requiring | ||
a person to file a statement or report, or of a subpoena upon | ||
any person, shall be made: | ||
(1) personally by delivery of a duly executed copy | ||
thereof to the person to be served or, if a person is not a | ||
natural person, in the manner provided in the Code of Civil | ||
Procedure when a complaint is filed; or | ||
(2) by mailing by certified mail a duly executed copy | ||
thereof to the person to be served at his or her last known | ||
abode or principal place of business within this State or, | ||
if a person is not a natural person, in the manner provided | ||
in the Code of Civil Procedure when a complaint is filed. | ||
(3) The Attorney General may compel compliance with | ||
investigative demands under this Section through an order | ||
by any court of competent jurisdiction. |
(f)(1) In any civil action brought pursuant to subsection | ||
(c) of this Section, the Attorney General may obtain as a | ||
remedy equitable and declaratory relief (including any | ||
permanent or preliminary injunction, temporary restraining | ||
order, or other order, including an order enjoining the | ||
defendant from engaging in such violation or ordering any | ||
action as may be appropriate). In addition, the Attorney | ||
General may request and the Court may impose a civil penalty to | ||
vindicate the public interest in an amount not exceeding | ||
$25,000 per violation, or if the defendant has been adjudged to | ||
have committed one other civil rights violation under this | ||
Section within 5 years of the occurrence of the violation that | ||
is the basis of the complaint, in an amount not exceeding | ||
$50,000. | ||
(2) A civil penalty imposed under this subsection shall be | ||
deposited into the Attorney General Court Ordered and Voluntary | ||
Compliance Payment Projects Fund, which is a special fund in | ||
the State Treasury. Moneys in the Fund shall be used, subject | ||
to appropriation, for the performance of any function | ||
pertaining to the exercise of the duties of the Attorney | ||
General including but not limited to enforcement of any law of | ||
this State and conducting public education programs; however, | ||
any moneys in the Fund that are required by the court or by an | ||
agreement to be used for a particular purpose shall be used for | ||
that purpose. |
Section 10-120. The Department of State Police Law of the
| ||
Civil Administrative Code of Illinois is amended by changing | ||
Section 2605-302 as follows:
| ||
(20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
| ||
Sec. 2605-302. Arrest reports.
| ||
(a) When an individual is arrested, the
following | ||
information must be made available to the news media for | ||
inspection
and copying:
| ||
(1) Information that identifies the individual,
| ||
including the name, age, address, and photograph, when and | ||
if available.
| ||
(2) Information detailing any charges relating to the | ||
arrest.
| ||
(3) The time and location of the arrest.
| ||
(4) The name of the investigating or arresting law | ||
enforcement
agency.
| ||
(5) If the individual is incarcerated, the conditions | ||
of pretrial release amount of any
bail or bond .
| ||
(6) If the individual is incarcerated, the time and | ||
date that the
individual was received, discharged, or | ||
transferred from the arresting
agency's custody.
| ||
(b) The information required by this Section must be made | ||
available to the
news media for inspection and copying as soon | ||
as practicable, but in no event
shall the time period exceed 72 | ||
hours from the arrest. The information
described in items (3), |
(4), (5), and (6) of subsection (a),
however, may be withheld | ||
if it is determined that disclosure would (i)
interfere with | ||
pending or actually and reasonably contemplated law | ||
enforcement
proceedings conducted by any law enforcement or | ||
correctional agency; (ii)
endanger the life or physical safety | ||
of law enforcement or correctional
personnel or any other | ||
person; or (iii) compromise the security of any
correctional | ||
facility.
| ||
(c) For the purposes of this Section, the term "news media" | ||
means personnel
of a newspaper or other periodical issued at | ||
regular intervals whether in print
or electronic format, a news | ||
service whether in print or electronic format, a
radio station, | ||
a television station, a television network, a community antenna
| ||
television service, or a person or corporation engaged in | ||
making news reels or
other motion picture news for public | ||
showing.
| ||
(d) Each law enforcement or correctional agency may charge | ||
fees
for arrest records, but in no instance may the fee exceed | ||
the actual cost of
copying and reproduction. The fees may not | ||
include the cost of the labor used
to reproduce the arrest | ||
record.
| ||
(e) The provisions of this Section do not supersede the | ||
confidentiality
provisions for arrest records of the Juvenile | ||
Court Act of 1987.
| ||
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||
incorporates 92-335,
eff. 8-10-01; 92-651, eff. 7-11-02.)
|
Section 10-125. The State Police Act is amended by changing | ||
Section 14 and by adding Section 17c as follows:
| ||
(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| ||
Sec. 14. Except as is otherwise provided in this Act, no | ||
Department of
State Police officer shall be removed, demoted or | ||
suspended except for
cause, upon written charges filed with the | ||
Board by the Director and a hearing
before the Board thereon | ||
upon not less than 10 days' notice at a place to
be designated | ||
by the chairman thereof. At such hearing, the accused shall
be | ||
afforded full opportunity to be heard in his or her own defense | ||
and
to produce proof in his or her defense. It shall not be a | ||
requirement of a person Anyone filing a complaint against a | ||
State Police Officer to must have a the complaint supported by | ||
a sworn affidavit or any other legal documentation. This ban on | ||
an affidavit requirement shall apply to any collective | ||
bargaining agreements entered after the effective date of this | ||
provision .
Any such complaint, having been supported by a sworn | ||
affidavit, and having been found, in total or in part, to | ||
contain false information, shall be presented to the | ||
appropriate State's Attorney for a determination of | ||
prosecution.
| ||
Before any such officer may be interrogated or examined by | ||
or before the
Board, or by a departmental agent or investigator | ||
specifically assigned
to conduct an internal investigation, |
the results of which hearing,
interrogation
or examination may | ||
be the basis for filing charges seeking his or her
suspension | ||
for more than 15 days or his or her removal or discharge,
he or | ||
she shall be advised in writing as to what specific improper or
| ||
illegal act he or she is alleged to have committed; he or she | ||
shall
be advised in writing that his or her admissions made in | ||
the course
of the hearing, interrogation or examination may be | ||
used as the basis for
charges seeking his or her suspension, | ||
removal or discharge; and he
or she shall be advised in writing | ||
that he or she has a right to
counsel of his or her choosing, | ||
who may be present to advise him or
her at any hearing, | ||
interrogation or examination. A complete record of
any hearing, | ||
interrogation or examination shall be made, and a complete
| ||
transcript or electronic recording thereof shall be made | ||
available to such
officer without charge and without delay.
| ||
The Board shall have the power to secure by its subpoena
| ||
both the attendance and testimony of witnesses and the | ||
production of books
and papers in support of the charges and | ||
for the defense. Each member of
the Board or a designated | ||
hearing officer shall have the power to administer
oaths or | ||
affirmations. If the charges against an accused are established
| ||
by a preponderance of evidence, the Board shall make a finding | ||
of guilty
and order either removal, demotion, suspension for a | ||
period of not more
than 180 days, or such other disciplinary | ||
punishment as may be prescribed
by the rules and regulations of | ||
the Board which, in the opinion of the members
thereof, the |
offense merits. Thereupon the
Director shall direct such | ||
removal or other punishment as ordered by the
Board and if the | ||
accused refuses to abide by any such disciplinary
order, the | ||
Director shall remove him or her forthwith.
| ||
If the accused is found not guilty or has served a period | ||
of suspension
greater than prescribed by the Board, the Board | ||
shall order that the officer receive compensation for the | ||
period involved.
The award of compensation shall include | ||
interest at the rate of 7% per
annum.
| ||
The Board may include in its order appropriate sanctions | ||
based upon the
Board's rules and regulations. If the Board | ||
finds that a party has made
allegations or denials without | ||
reasonable cause or has engaged in frivolous
litigation for the | ||
purpose of delay or needless increase in the cost of
| ||
litigation, it may order that party to pay the other party's | ||
reasonable
expenses, including costs and reasonable attorney's | ||
fees. The State of
Illinois and the Department shall be subject | ||
to these sanctions in the same
manner as other parties.
| ||
In case of the neglect or refusal of any person to obey a | ||
subpoena issued
by the Board, any circuit court, upon | ||
application
of any member of the Board, may order such person | ||
to appear before the Board
and give testimony or produce | ||
evidence, and any failure to obey such order
is punishable by | ||
the court as a contempt thereof.
| ||
The provisions of the Administrative Review Law, and all | ||
amendments and
modifications thereof, and the rules adopted |
pursuant thereto, shall apply
to and govern all proceedings for | ||
the judicial review of any order of the
Board rendered pursuant | ||
to the provisions of this Section.
| ||
Notwithstanding the provisions of this Section, a policy | ||
making
officer, as defined in the Employee Rights Violation | ||
Act, of the Department
of State Police shall be discharged from | ||
the Department of State Police as
provided in the Employee | ||
Rights Violation Act, enacted by the 85th General
Assembly.
| ||
(Source: P.A. 96-891, eff. 5-10-10.)
| ||
(20 ILCS 2610/17c new) | ||
Sec. 17c. Military equipment surplus program. | ||
(a) For purposes of this Section: | ||
"Bayonet" means a large knife designed to be attached to | ||
the muzzle of a rifle, shotgun, or long gun for the purpose of | ||
hand-to-hand combat. | ||
"Grenade launcher" means a firearm or firearm accessory | ||
designed to launch small explosive projectiles. | ||
"Military equipment surplus program" means any federal or | ||
State program allowing a law enforcement agency to obtain | ||
surplus military equipment including, but not limit to, any | ||
program organized under Section 1122 of the National Defense | ||
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | ||
Section 1033 of the National Defense Authorization Act for | ||
Fiscal Year 1997 (Pub. L. 104-201), or any program established | ||
under 10 U.S.C. 2576a. |
"Tracked armored vehicle" means a vehicle that provides | ||
ballistic protection to its occupants and utilizes a tracked | ||
system installed of wheels for forward motion. | ||
"Weaponized aircraft, vessel, or vehicle" means any | ||
aircraft, vessel, or vehicle with weapons installed. | ||
(b) The Illinois State Police shall not request or receive | ||
from any military equipment surplus program nor purchase or | ||
otherwise utilize the following equipment: | ||
(1) tracked armored vehicles; | ||
(2) weaponized aircraft, vessels, or vehicles; | ||
(3) firearms of .50-caliber or higher; | ||
(4) ammunition of .50-caliber or higher; | ||
(5) grenade launchers; or | ||
(6) bayonets. | ||
(c) If the Illinois State Police request other property not | ||
prohibited by this Section from a military equipment surplus | ||
program, the Illinois State Police shall publish notice of the | ||
request on a publicly accessible website maintained by the | ||
Illinois State Police within 14 days after the request. | ||
Section 10-130. The Illinois Criminal Justice Information | ||
Act is amended by adding Sections 7.7 and 7.8 as follows: | ||
(20 ILCS 3930/7.7 new) | ||
Sec. 7.7. Pretrial data collection. | ||
(a) The Administrative Director of the Administrative |
Officer of the Illinois Courts shall convene an oversight board | ||
to be known as the Pretrial Practices Data Oversight Board to | ||
oversee the collection and analysis of data regarding pretrial | ||
practices in circuit court systems. The Board shall include, | ||
but is not limited to, designees from the Administrative Office | ||
of the Illinois Courts, the Illinois Criminal Justice | ||
Information Authority, and other entities that possess | ||
knowledge of pretrial practices and data collection issues. | ||
Members of the Board shall serve without compensation. | ||
(b) The Oversight Board shall: | ||
(1) identify existing pretrial data collection | ||
processes in local jurisdictions; | ||
(2) define, gather and maintain records of pretrial | ||
data relating to the topics listed in subsection (c) from | ||
circuit clerks' offices, sheriff's departments, law | ||
enforcement agencies, jails, pretrial departments, | ||
probation department, State's Attorneys' offices, public | ||
defenders' offices and other applicable criminal justice | ||
system agencies; | ||
(3) identify resources necessary to systematically | ||
collect and report data related to the topics listed in | ||
subsections (c); and | ||
(4) develop a plan to implement data collection | ||
processes sufficient to collect data on the topics listed | ||
in subsection (c) no later than one year after the | ||
effective date of this amendatory Act of the 101st General |
Assembly.
The plan and, once implemented, the reports and | ||
analysis shall be published and made publicly available on | ||
the Administrative Office of the Illinois Courts (AOIC) | ||
website. | ||
(c) The Pretrial Practices Data Oversight Board shall | ||
develop a strategy to collect quarterly, county-level data on | ||
the following topics; which collection of data shall begin | ||
starting one year after the effective date of this amendatory | ||
Act of the 101st General Assembly: | ||
(1) information on all persons arrested and charged | ||
with misdemeanor or felony charges, or both, including | ||
information on persons released directly from law | ||
enforcement custody; | ||
(2) information on the outcomes of pretrial conditions | ||
and pretrial detention hearings in the county courts, | ||
including but not limited to the number of hearings held, | ||
the number of defendants detained, the number of defendants | ||
released, and the number of defendants released with | ||
electronic monitoring; | ||
(3) information regarding persons detained in the | ||
county jail pretrial, including, but not limited to, the | ||
number of persons detained in the jail pretrial and the | ||
number detained in the jail for other reasons, the | ||
demographics of the pretrial jail population, race, sex, | ||
sexual orientation, gender identity,age, and ethnicity, | ||
the charges including on which pretrial defendants are |
detained, the average length of stay of pretrial | ||
defendants; | ||
(4) information regarding persons placed on electronic | ||
monitoring programs pretrial, including, but not limited | ||
to, the number of participants, the demographics of the | ||
participant population, including race, sex, sexual | ||
orientation, gender identity, age, and ethnicity, the | ||
charges on which participants are ordered to the program, | ||
and the average length of participation in the program; | ||
(5) discharge data regarding persons detained pretrial | ||
in the county jail, including, but not limited to, the | ||
number who are sentenced to the Illinois Department of | ||
Corrections, the number released after being sentenced to | ||
time served, the number who are released on probation, | ||
conditional discharge, or other community supervision, the | ||
number found not guilty, the number whose cases are | ||
dismissed, the number whose cases are dismissed as part of | ||
diversion or deferred prosecution program, and the number | ||
who are released pretrial after a hearing re-examining | ||
their pretrial detention; | ||
(6) information on the pretrial rearrest of | ||
individuals released pretrial, including the number | ||
arrested and charged with a new misdemeanor offense while | ||
released, the number arrested and charged with a new felony | ||
offense while released, and the number arrested and charged | ||
with a new forcible felony offense while released, and how |
long after release these arrests occurred; | ||
(7) information on the pretrial failure to appear rates | ||
of individuals released pretrial, including the number who | ||
missed one or more court dates, how many warrants for | ||
failures to appear were issued, and how many individuals | ||
were detained pretrial or placed on electronic monitoring | ||
pretrial after a failure to appear in court; | ||
(8) what, if any, validated pretrial risk assessment | ||
tools are in use in each jurisdiction, and comparisons of | ||
the pretrial release and pretrial detention decisions of | ||
judges as compared to and the risk assessment scores of | ||
individuals; and | ||
(9) any other information the Pretrial Practices Data | ||
Oversight Board considers important and probative of the | ||
effectiveness of pretrial practices in the state of | ||
Illinois.
d) Circuit clerks' offices, sheriff's | ||
departments, law enforcement agencies, jails, pretrial | ||
departments, probation department, State's Attorneys' | ||
offices, public defenders' offices and other applicable | ||
criminal justice system agencies are mandated to provide | ||
data to the Administrative Office of the Illinois Courts as | ||
described in subsection (c). | ||
(20 ILCS 3930/7.8 new) | ||
Sec. 7.8. Domestic Violence Pretrial Practices Working | ||
Group. |
(a) The Executive Director of the Illinois Criminal Justice | ||
Information Authority shall convene a working group to research | ||
and issue a report on current practices in pretrial domestic | ||
violence courts throughout the state of Illinois. | ||
(b) The working group shall include, but is not limited to, | ||
designees from the Administrative Office of the Illinois | ||
Courts, the Illinois Criminal Justice Information Authority, | ||
Domestic Violence victims' advocates, formerly incarcerated | ||
victims of violence, legal practitioners, and other entities | ||
that possess knowledge of evidence-based practices surrounding | ||
domestic violence and current pretrial practices in Illinois. | ||
(c) The group shall meet quarterly and no later than 15 | ||
months after the effective date of this amendatory Act of the | ||
101st General Assembly issue a preliminary report on the state | ||
of current practice across the state in regards to pretrial | ||
practices and domestic violence and no later than 15 months | ||
after the release of the preliminary report, issue a final | ||
report issuing recommendations for evidence-based improvements | ||
to court procedures. | ||
(d) Members of the working group shall serve without | ||
compensation. | ||
Section 10-135. The Public Officer Prohibited Activities | ||
Act is amended by adding Section 4.1 as follows: | ||
(50 ILCS 105/4.1 new) |
Sec. 4.1. Retaliation against a whistleblower. | ||
(a) It is prohibited for a unit of local government, any | ||
agent or representative of a unit of local government, or | ||
another employee to retaliate against an employee or contractor | ||
who: | ||
(1) reports an improper governmental action under this | ||
Section; | ||
(2) cooperates with an investigation by an auditing | ||
official related to a report of improper governmental | ||
action; or | ||
(3) testifies in a proceeding or prosecution arising | ||
out of an improper governmental action. | ||
(b) To invoke the protections of this Section, an employee | ||
shall make a written report of improper governmental action to | ||
the appropriate auditing official. An employee who believes he | ||
or she has been retaliated against in violation of this Section | ||
must submit a written report to the auditing official within 60 | ||
days of gaining knowledge of the retaliatory action. If the | ||
auditing official is the individual doing the improper | ||
governmental action, then a report under this subsection may be | ||
submitted to any State's Attorney. | ||
(c) Each auditing official shall establish written | ||
processes and procedures for managing complaints filed under | ||
this Section, and each auditing official shall investigate and | ||
dispose of reports of improper governmental action in | ||
accordance with these processes and procedures.
If an auditing |
official concludes that an improper governmental action has | ||
taken place or concludes that the relevant unit of local | ||
government, department, agency, or supervisory officials have | ||
hindered the auditing official's investigation into the | ||
report, the auditing official shall notify in writing the chief | ||
executive of the unit of local government and any other | ||
individual or entity the auditing official deems necessary in | ||
the circumstances. | ||
(d) An auditing official may transfer a report of improper | ||
governmental action to another auditing official for | ||
investigation if an auditing official deems it appropriate, | ||
including, but not limited to, the appropriate State's | ||
Attorney. | ||
(e) To the extent allowed by law, the identity of an | ||
employee reporting information about an improper governmental | ||
action shall be kept confidential unless the employee waives | ||
confidentiality in writing. Auditing officials may take | ||
reasonable measures to protect employees who reasonably | ||
believe they may be subject to bodily harm for reporting | ||
improper government action. | ||
(f) The following remedies are available to employees | ||
subjected to adverse actions for reporting improper government | ||
action: | ||
(1) Auditing officials may reinstate, reimburse for | ||
lost wages or expenses incurred, promote, or provide some | ||
other form of restitution. |
(2) In instances where an auditing official determines | ||
that restitution will not suffice, the auditing official | ||
may make his or her investigation findings available for | ||
the purposes of aiding in that employee or the employee's | ||
attorney's effort to make the employee whole. | ||
(g) A person who engages in prohibited retaliatory action | ||
under subsection (a) is subject to the following penalties: a | ||
fine of no less than $500 and no more than $5,000, suspension | ||
without pay, demotion, discharge, civil or criminal | ||
prosecution, or any combination of these penalties, as | ||
appropriate. | ||
(h) Every employee shall receive a written summary or a | ||
complete copy of this Section upon commencement of employment | ||
and at least once each year of employment. At the same time, | ||
the employee shall also receive a copy of the written processes | ||
and procedures for reporting improper governmental actions | ||
from the applicable auditing official. | ||
(i) As used in this Section: | ||
"Auditing official" means any elected, appointed, or hired | ||
individual, by whatever name, in a unit of local government | ||
whose duties are similar to, but not limited to, receiving, | ||
registering, and investigating complaints and information | ||
concerning misconduct, inefficiency, and waste within the unit | ||
of local government; investigating the performance of | ||
officers, employees, functions, and programs; and promoting | ||
economy, efficiency, effectiveness and integrity in the |
administration of the programs and operations of the | ||
municipality. If a unit of local government does not have an | ||
"auditing official", the "auditing official" shall be a State's | ||
Attorney of the county in which the unit of local government is | ||
located within. | ||
"Employee" means anyone employed by a unit of local | ||
government, whether in a permanent or temporary position, | ||
including full-time, part-time, and intermittent workers. | ||
"Employee" also includes members of appointed boards or | ||
commissions, whether or not paid. "Employee" also includes | ||
persons who have been terminated because of any report or | ||
complaint submitted under this Section. | ||
"Improper governmental action" means any action by a unit | ||
of local government employee, an appointed member of a board, | ||
commission, or committee, or an elected official of the unit of | ||
local government that is undertaken in violation of a federal, | ||
State, or unit of local government law or rule; is an abuse of | ||
authority; violates the public's trust or expectation of his or | ||
her conduct; is of substantial and specific danger to the | ||
public's health or safety; or is a gross waste of public funds. | ||
The action need not be within the scope of the employee's, | ||
elected official's, board member's, commission member's, or | ||
committee member's official duties to be subject to a claim of | ||
"improper governmental action". "Improper governmental action" | ||
does not include a unit of local government personnel actions, | ||
including, but not limited to employee grievances, complaints, |
appointments, promotions, transfers, assignments, | ||
reassignments, reinstatements, restorations, reemployment, | ||
performance evaluations, reductions in pay, dismissals, | ||
suspensions, demotions, reprimands, or violations of | ||
collective bargaining agreements, except to the extent that the | ||
action amounts to retaliation. | ||
"Retaliate", "retaliation", or "retaliatory action" means | ||
any adverse change in an employee's employment status or the | ||
terms and conditions of employment that results from an | ||
employee's protected activity under this Section. "Retaliatory | ||
action" includes, but is not limited to, denial of adequate | ||
staff to perform duties; frequent staff changes; frequent and | ||
undesirable office changes; refusal to assign meaningful work; | ||
unsubstantiated letters of reprimand or unsatisfactory | ||
performance evaluations; demotion; reduction in pay; denial of | ||
promotion; transfer or reassignment; suspension or dismissal; | ||
or other disciplinary action made because of an employee's | ||
protected activity under this Section. | ||
Section 10-140. The Local Records Act is amended by | ||
changing Section 3b as follows:
| ||
(50 ILCS 205/3b)
| ||
Sec. 3b. Arrest records and reports.
| ||
(a) When an individual is arrested, the following | ||
information must
be made available to the news media for |
inspection and copying:
| ||
(1) Information that identifies the individual,
| ||
including the name, age, address, and photograph, when and | ||
if available.
| ||
(2) Information detailing any charges relating to the | ||
arrest.
| ||
(3) The time and location of the arrest.
| ||
(4) The name of the investigating or arresting law | ||
enforcement agency.
| ||
(5) If the individual is incarcerated, the conditions | ||
of pretrial release amount of any bail
or bond .
| ||
(6) If the individual is incarcerated, the time and | ||
date that the
individual was received, discharged, or | ||
transferred from the arresting
agency's custody.
| ||
(b) The information required by this Section must be made | ||
available to the
news media for inspection and copying as soon | ||
as practicable, but in no event
shall the time period exceed 72 | ||
hours from the arrest. The information
described in paragraphs | ||
(3), (4), (5), and (6) of subsection (a), however,
may be | ||
withheld if it is determined that disclosure would:
| ||
(1) interfere with pending or actually and reasonably | ||
contemplated law
enforcement proceedings conducted by any | ||
law enforcement or correctional
agency;
| ||
(2) endanger the life or physical safety of law | ||
enforcement or
correctional personnel or any other person; | ||
or
|
(3) compromise the security of any correctional | ||
facility.
| ||
(c) For the purposes of this Section the term "news media" | ||
means personnel
of a newspaper or other periodical issued at | ||
regular intervals whether in
print or electronic format, a news | ||
service whether in print or electronic
format,
a radio station, | ||
a television station, a television network, a community
antenna | ||
television service,
or a person or corporation engaged in | ||
making news reels or other motion picture
news for public | ||
showing.
| ||
(d) Each law enforcement or correctional agency may charge | ||
fees for arrest
records, but in no instance may the fee exceed | ||
the actual cost of copying and
reproduction. The fees may not | ||
include the cost of the labor used to reproduce
the arrest | ||
record.
| ||
(e) The provisions of this Section do not supersede the | ||
confidentiality
provisions for arrest records of the Juvenile | ||
Court Act of 1987.
| ||
(f) All information, including photographs, made available | ||
under this Section is subject to the provisions of Section 2QQQ | ||
of the Consumer Fraud and Deceptive Business Practices Act. | ||
(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)
| ||
Section 10-141. The Local Records Act is amended by adding | ||
Section 25 as follows: |
(50 ILCS 205/25 new) | ||
Sec. 25. Police misconduct records. Notwithstanding any | ||
other provision of law to the contrary, all public records and | ||
nonpublic records related to complaints, investigations, and | ||
adjudications of police misconduct shall be permanently | ||
retained and may not be destroyed. | ||
Section 10-143. The Illinois Police Training Act is amended | ||
by changing Sections 6, 6.2, 7, and 10.17 and by adding Section | ||
10.6 as follows:
| ||
(50 ILCS 705/6) (from Ch. 85, par. 506)
| ||
Sec. 6. Powers and duties of the Board; selection and | ||
certification of schools. The Board shall select
and certify | ||
schools within the State of
Illinois for the purpose of | ||
providing basic training for probationary
police officers, | ||
probationary county corrections officers, and
court security | ||
officers and
of providing advanced or in-service training for | ||
permanent police officers
or permanent
county corrections | ||
officers, which schools may be either publicly or
privately | ||
owned and operated. In addition, the Board has the following
| ||
power and duties:
| ||
a. To require local governmental units to furnish such | ||
reports and
information as the Board deems necessary to | ||
fully implement this Act.
| ||
b. To establish appropriate mandatory minimum |
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
police officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
| ||
d. To review and approve annual training curriculum for | ||
county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of, or entered a plea of guilty to, a felony | ||
offense, any of the
misdemeanors in Sections 11-1.50, 11-6, | ||
11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, | ||
28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the | ||
Criminal Code
of
1961 or the Criminal Code of 2012, | ||
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, or | ||
subsection (a) of Section 17-32 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||
the Cannabis Control Act, or a crime involving
moral
| ||
turpitude under the laws of this State or any other state | ||
which if
committed in this State would be punishable as a | ||
felony or a crime of
moral turpitude. The Board may appoint | ||
investigators who shall enforce
the duties conferred upon |
the Board by this Act.
| ||
f. To establish statewide standards for minimum | ||
standards regarding regular mental health screenings for | ||
probationary and permanent police officers, ensuring that | ||
counseling sessions and screenings remain confidential. | ||
(Source: P.A. 101-187, eff. 1-1-20 .)
| ||
(50 ILCS 705/6.2)
| ||
Sec. 6.2. Officer professional conduct database.
| ||
(a) All law enforcement agencies shall notify the Board of | ||
any final determination of willful violation of department or | ||
agency policy, official misconduct, or violation of law when:
| ||
(1) the officer is discharged or dismissed as a result | ||
of the violation; or
| ||
(2) the officer resigns during the course of an | ||
investigation and after the officer has been served notice | ||
that he or she is under investigation that is based on the | ||
commission of any a Class 2 or greater felony or sex | ||
offense .
| ||
The agency shall report to the Board within 30 days of a | ||
final decision of discharge or dismissal and final exhaustion | ||
of any appeal, or resignation, and shall provide information | ||
regarding the nature of the violation.
| ||
(b) Upon receiving notification from a law enforcement | ||
agency, the Board must notify the law enforcement officer of | ||
the report and his or her right to provide a statement |
regarding the reported violation. | ||
(c) The Board shall maintain a database readily available | ||
to any chief administrative officer, or his or her designee, of | ||
a law enforcement agency or any State's Attorney that shall | ||
show each reported instance, including the name of the officer, | ||
the nature of the violation, reason for the final decision of | ||
discharge or dismissal, and any statement provided by the | ||
officer.
| ||
(Source: P.A. 99-352, eff. 1-1-16 .)
| ||
(50 ILCS 705/7) (from Ch. 85, par. 507)
| ||
Sec. 7. Rules and standards for schools. The Board shall | ||
adopt rules and
minimum standards for such schools which shall | ||
include, but not be limited to,
the following:
| ||
a. The curriculum for probationary police officers | ||
which shall be
offered by all certified schools shall | ||
include, but not be limited to,
courses of procedural | ||
justice, arrest and use and control tactics, search and | ||
seizure, including temporary questioning, civil rights, | ||
human rights, human relations,
cultural competency, | ||
including implicit bias and racial and ethnic sensitivity,
| ||
criminal law, law of criminal procedure, constitutional | ||
and proper use of law enforcement authority, crisis | ||
intervention training, vehicle and traffic law including
| ||
uniform and non-discriminatory enforcement of the Illinois | ||
Vehicle Code,
traffic control and accident investigation, |
techniques of obtaining
physical evidence, court | ||
testimonies, statements, reports, firearms
training, | ||
training in the use of electronic control devices, | ||
including the psychological and physiological effects of | ||
the use of those devices on humans, first-aid (including | ||
cardiopulmonary resuscitation), training in the | ||
administration of opioid antagonists as defined in | ||
paragraph (1) of subsection (e) of Section 5-23 of the | ||
Substance Use Disorder Act, handling of
juvenile | ||
offenders, recognition of
mental conditions and crises, | ||
including, but not limited to, the disease of addiction, | ||
which require immediate assistance and response and | ||
methods to
safeguard and provide assistance to a person in | ||
need of mental
treatment, recognition of abuse, neglect, | ||
financial exploitation, and self-neglect of adults with | ||
disabilities and older adults, as defined in Section 2 of | ||
the Adult Protective Services Act, crimes against the | ||
elderly, law of evidence, the hazards of high-speed police | ||
vehicle
chases with an emphasis on alternatives to the | ||
high-speed chase, and
physical training. The curriculum | ||
shall include specific training in
techniques for | ||
immediate response to and investigation of cases of | ||
domestic
violence and of sexual assault of adults and | ||
children, including cultural perceptions and common myths | ||
of sexual assault and sexual abuse as well as interview | ||
techniques that are age sensitive and are trauma informed, |
victim centered, and victim sensitive. The curriculum | ||
shall include
training in techniques designed to promote | ||
effective
communication at the initial contact with crime | ||
victims and ways to comprehensively
explain to victims and | ||
witnesses their rights under the Rights
of Crime Victims | ||
and Witnesses Act and the Crime
Victims Compensation Act. | ||
The curriculum shall also include training in effective | ||
recognition of and responses to stress, trauma, and | ||
post-traumatic stress experienced by police officers that | ||
is consistent with Section 25 of the Illinois Mental Health | ||
First Aid Training Act in a peer setting, including | ||
recognizing signs and symptoms of work-related cumulative | ||
stress, issues that may lead to suicide, and solutions for | ||
intervention with peer support resources. The curriculum | ||
shall include a block of instruction addressing the | ||
mandatory reporting requirements under the Abused and | ||
Neglected Child Reporting Act. The curriculum shall also | ||
include a block of instruction aimed at identifying and | ||
interacting with persons with autism and other | ||
developmental or physical disabilities, reducing barriers | ||
to reporting crimes against persons with autism, and | ||
addressing the unique challenges presented by cases | ||
involving victims or witnesses with autism and other | ||
developmental disabilities. The curriculum shall include | ||
training in the detection and investigation of all forms of | ||
human trafficking. The curriculum shall also include |
instruction in trauma-informed responses designed to | ||
ensure the physical safety and well-being of a child of an | ||
arrested parent or immediate family member; this | ||
instruction must include, but is not limited to: (1) | ||
understanding the trauma experienced by the child while | ||
maintaining the integrity of the arrest and safety of | ||
officers, suspects, and other involved individuals; (2) | ||
de-escalation tactics that would include the use of force | ||
when reasonably necessary; and (3) inquiring whether a | ||
child will require supervision and care. The curriculum for | ||
probationary police officers shall include: (1) at least 12 | ||
hours of hands-on, scenario-based role-playing; (2) at | ||
least 6 hours of instruction on use of force techniques, | ||
including the use of de-escalation techniques to prevent or | ||
reduce the need for force whenever safe and feasible; (3) | ||
specific training on officer safety techniques, including | ||
cover, concealment, and time; and (4) at least 6 hours of | ||
training focused on high-risk traffic stops. The | ||
curriculum for
permanent police officers shall include, | ||
but not be limited to: (1) refresher
and in-service | ||
training in any of the courses listed above in this
| ||
subparagraph, (2) advanced courses in any of the subjects | ||
listed above in
this subparagraph, (3) training for | ||
supervisory personnel, and (4)
specialized training in | ||
subjects and fields to be selected by the board. The | ||
training in the use of electronic control devices shall be |
conducted for probationary police officers, including | ||
University police officers.
| ||
b. Minimum courses of study, attendance requirements | ||
and equipment
requirements.
| ||
c. Minimum requirements for instructors.
| ||
d. Minimum basic training requirements, which a | ||
probationary police
officer must satisfactorily complete | ||
before being eligible for permanent
employment as a local | ||
law enforcement officer for a participating local
| ||
governmental agency. Those requirements shall include | ||
training in first aid
(including cardiopulmonary | ||
resuscitation).
| ||
e. Minimum basic training requirements, which a | ||
probationary county
corrections officer must | ||
satisfactorily complete before being eligible for
| ||
permanent employment as a county corrections officer for a | ||
participating
local governmental agency.
| ||
f. Minimum basic training requirements which a | ||
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as | ||
a court security officer for a participating local
| ||
governmental agency. The Board shall
establish those | ||
training requirements which it considers appropriate for | ||
court
security officers and shall certify schools to | ||
conduct that training.
| ||
A person hired to serve as a court security officer |
must obtain from the
Board a certificate (i) attesting to | ||
his or her successful completion of the
training course; | ||
(ii) attesting to his or her satisfactory
completion of a | ||
training program of similar content and number of hours | ||
that
has been found acceptable by the Board under the | ||
provisions of this Act; or
(iii) attesting to the Board's | ||
determination that the training
course is unnecessary | ||
because of the person's extensive prior law enforcement
| ||
experience.
| ||
Individuals who currently serve as court security | ||
officers shall be deemed
qualified to continue to serve in | ||
that capacity so long as they are certified
as provided by | ||
this Act within 24 months of June 1, 1997 (the effective | ||
date of Public Act 89-685). Failure to be so certified, | ||
absent a waiver from the
Board, shall cause the officer to | ||
forfeit his or her position.
| ||
All individuals hired as court security officers on or | ||
after June 1, 1997 (the effective
date of Public Act | ||
89-685) shall be certified within 12 months of the
date of | ||
their hire, unless a waiver has been obtained by the Board, | ||
or they
shall forfeit their positions.
| ||
The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit Commission, | ||
shall maintain a list of all
individuals who have filed | ||
applications to become court security officers and
who meet | ||
the eligibility requirements established under this Act. |
Either
the Sheriff's Merit Commission, or the Sheriff's | ||
Office if no Sheriff's Merit
Commission exists, shall | ||
establish a schedule of reasonable intervals for
| ||
verification of the applicants' qualifications under
this | ||
Act and as established by the Board.
| ||
g. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete every 3 years. | ||
Those requirements shall include constitutional and proper | ||
use of law enforcement authority, procedural justice, | ||
civil rights, human rights, mental health awareness and | ||
response, officer wellness, reporting child abuse and | ||
neglect, and cultural competency , including implicit bias | ||
and racial and ethnic sensitivity . | ||
h. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete at least | ||
annually. Those requirements shall include law updates , | ||
emergency medical response training and certification, | ||
crisis intervention training, and officer wellness and | ||
mental health and use of force training which shall include | ||
scenario based training, or similar training approved by | ||
the Board . | ||
i. Minimum in-service training requirements as set | ||
forth in Section 10.6. | ||
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, |
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||
101-564, eff. 1-1-20; revised 9-10-19.)
| ||
(50 ILCS 705/10.6 new) | ||
Sec. 10.6. Mandatory training to be completed every 3 | ||
years. The Board shall adopt rules and
minimum standards for | ||
in-service training requirements as set forth in this Section. | ||
The training shall provide officers with knowledge of policies | ||
and laws regulating the use of force; equip officers with | ||
tactics and skills, including de-escalation techniques, to | ||
prevent or reduce the need to use force or, when force must be | ||
used, to use force that is objectively reasonable, necessary, | ||
and proportional under the totality of the circumstances; and | ||
ensure appropriate supervision and accountability.
The | ||
training shall consist of at least 30 hours of training every 3 | ||
years and shall include: | ||
(1) At least 12 hours of hands-on, scenario-based | ||
role-playing. | ||
(2) At least 6 hours of instruction on use of force | ||
techniques, including the use of de-escalation techniques to | ||
prevent or reduce the need for force whenever safe and | ||
feasible. | ||
(3) Specific training on the law concerning stops, | ||
searches, and the use of force under the Fourth Amendment to | ||
the United States Constitution. | ||
(4) Specific training on officer safety techniques, |
including cover, concealment, and time. | ||
(5) At least 6 hours of training focused on high-risk | ||
traffic stops. | ||
(50 ILCS 705/10.17) | ||
Sec. 10.17. Crisis intervention team training; mental | ||
health awareness training. | ||
(a) The Illinois Law Enforcement Training Standards Board | ||
shall develop and approve a standard curriculum for certified | ||
training programs in crisis intervention of at least 40 hours | ||
addressing specialized policing responses to people with | ||
mental illnesses. The Board shall conduct Crisis Intervention | ||
Team (CIT) training programs that train officers to identify | ||
signs and symptoms of mental illness, to de-escalate situations | ||
involving individuals who appear to have a mental illness, and | ||
connect that person in crisis to treatment. Crisis Intervention | ||
Team (CIT) training programs shall be a collaboration between | ||
law enforcement professionals, mental health providers, | ||
families, and consumer advocates and must minimally include the | ||
following components:
(1) basic information about mental | ||
illnesses and how to recognize them; (2) information about | ||
mental health laws and resources; (3) learning from family | ||
members of individuals with mental illness and their | ||
experiences; and (4) verbal de-escalation training and | ||
role-plays. Officers who have successfully completed this | ||
program shall be issued a certificate attesting to their |
attendance of a Crisis Intervention Team (CIT) training | ||
program.
| ||
(b) The Board shall create an introductory course | ||
incorporating adult learning models that provides law | ||
enforcement officers with an awareness of mental health issues | ||
including a history of the mental health system, types of | ||
mental health illness including signs and symptoms of mental | ||
illness and common treatments and medications, and the | ||
potential interactions law enforcement officers may have on a | ||
regular basis with these individuals, their families, and | ||
service providers including de-escalating a potential crisis | ||
situation. This course, in addition to other traditional | ||
learning settings, may be made available in an electronic | ||
format. | ||
(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16; | ||
100-247, eff. 1-1-18 .) | ||
Section 10-145. The Law Enforcement Officer-Worn Body | ||
Camera Act is amended by changing Sections 10-15, 10-20, and | ||
10-25 as follows: | ||
(50 ILCS 706/10-15)
| ||
Sec. 10-15. Applicability. | ||
(a) All Any law enforcement agencies must employ the use of | ||
agency which employs the use of officer-worn body cameras in | ||
accordance with is subject to the provisions of this Act, |
whether or not the agency receives or has received monies from | ||
the Law Enforcement Camera Grant Fund.
| ||
(b) All law enforcement agencies must implement the use of | ||
body cameras for all law enforcement officers, according to the | ||
following schedule: | ||
(1) for municipalities and counties with populations | ||
of 500,000 or more, body cameras shall be implemented by | ||
January 1, 2022; | ||
(2) for municipalities and counties with populations | ||
of 100,000 or more but under 500,000, body cameras shall be | ||
implemented by January 1, 2023; | ||
(3) for municipalities and counties with populations | ||
of 50,000 or more but under 100,000, body cameras shall be | ||
implemented by January 1, 2024; | ||
(4) for municipalities and counties under 50,000, body | ||
cameras shall be implemented by January 1, 2025; and | ||
(5) for the Department of State Police, body cameras | ||
shall be implemented by January 1, 2025. | ||
(c) A law enforcement agency's compliance with the | ||
requirements under this Section shall receive preference by the | ||
Illinois Law Enforcement Training Standards Board in awarding | ||
grant funding under the Law Enforcement Camera Grant Act. | ||
(Source: P.A. 99-352, eff. 1-1-16 .) | ||
(50 ILCS 706/10-20)
| ||
Sec. 10-20. Requirements. |
(a) The Board shall develop basic guidelines for the use of | ||
officer-worn body cameras by law enforcement agencies. The | ||
guidelines developed by the Board shall be the basis for the | ||
written policy which must be adopted by each law enforcement | ||
agency which employs the use of officer-worn body cameras. The | ||
written policy adopted by the law enforcement agency must | ||
include, at a minimum, all of the following: | ||
(1) Cameras must be equipped with pre-event recording, | ||
capable of recording at least the 30 seconds prior to | ||
camera activation, unless the officer-worn body camera was | ||
purchased and acquired by the law enforcement agency prior | ||
to July 1, 2015. | ||
(2) Cameras must be capable of recording for a period | ||
of 10 hours or more, unless the officer-worn body camera | ||
was purchased and acquired by the law enforcement agency | ||
prior to July 1, 2015. | ||
(3) Cameras must be turned on at all times when the | ||
officer is in uniform and is responding to calls for | ||
service or engaged in any law enforcement-related | ||
encounter or activity, that occurs while the officer is on | ||
duty. | ||
(A) If exigent circumstances exist which prevent | ||
the camera from being turned on, the camera must be | ||
turned on as soon as practicable. | ||
(B) Officer-worn body cameras may be turned off | ||
when the officer is inside of a patrol car which is |
equipped with a functioning in-car camera; however, | ||
the officer must turn on the camera upon exiting the | ||
patrol vehicle for law enforcement-related encounters. | ||
(C) Officer-worn body cameras may be turned off | ||
when the officer is inside a correctional facility | ||
which is equipped with a functioning camera system. | ||
(4) Cameras must be turned off when:
| ||
(A) the victim of a crime requests that the camera | ||
be turned off, and unless impractical or impossible, | ||
that request is made on the recording; | ||
(B) a witness of a crime or a community member who | ||
wishes to report a crime requests that the camera be | ||
turned off, and unless impractical or impossible that | ||
request is made on the recording; or
| ||
(C) the officer is interacting with a confidential | ||
informant used by the law enforcement agency. | ||
However, an officer may continue to record or resume | ||
recording a victim or a witness, if exigent circumstances | ||
exist, or if the officer has reasonable articulable | ||
suspicion that a victim or witness, or confidential | ||
informant has committed or is in the process of committing | ||
a crime. Under these circumstances, and unless impractical | ||
or impossible, the officer must indicate on the recording | ||
the reason for continuing to record despite the request of | ||
the victim or witness. | ||
(4.5) Cameras may be turned off when the officer is |
engaged in community caretaking functions. However, the | ||
camera must be turned on when the officer has reason to | ||
believe that the person on whose behalf the officer is | ||
performing a community caretaking function has committed | ||
or is in the process of committing a crime. If exigent | ||
circumstances exist which prevent the camera from being | ||
turned on, the camera must be turned on as soon as | ||
practicable. | ||
(5) The officer must provide notice of recording to any | ||
person if the person has a reasonable expectation of | ||
privacy and proof of notice must be evident in the | ||
recording.
If exigent circumstances exist which prevent | ||
the officer from providing notice, notice must be provided | ||
as soon as practicable. | ||
(6) (A) For the purposes of redaction, labeling, or | ||
duplicating recordings, access to camera recordings shall | ||
be restricted to only those personnel responsible for those | ||
purposes. The recording officer and his or her supervisor | ||
of the recording officer may access and review recordings | ||
prior to completing incident reports or other | ||
documentation, provided that the officer or his or her | ||
supervisor discloses that fact in the report or | ||
documentation. | ||
(B) The recording officer's assigned field | ||
training officer may access and review recordings for | ||
training purposes. Any detective or investigator |
directly involved in the investigation of a matter may | ||
access and review recordings which pertain to that | ||
investigation but may not have access to delete or | ||
alter such recordings. | ||
(7) Recordings made on officer-worn cameras must be | ||
retained by the law enforcement agency or by the camera | ||
vendor used by the agency, on a recording medium for a | ||
period of 90 days. | ||
(A) Under no circumstances shall any recording | ||
made with an officer-worn body camera be altered, | ||
erased, or destroyed prior to the expiration of the | ||
90-day storage period.
| ||
(B) Following the 90-day storage period, any and | ||
all recordings made with an officer-worn body camera | ||
must be destroyed, unless any encounter captured on the | ||
recording has been flagged. An encounter is deemed to | ||
be flagged when:
| ||
(i) a formal or informal complaint has been | ||
filed; | ||
(ii) the officer discharged his or her firearm | ||
or used force during the encounter;
| ||
(iii) death or great bodily harm occurred to | ||
any person in the recording;
| ||
(iv) the encounter resulted in a detention or | ||
an arrest, excluding traffic stops which resulted | ||
in only a minor traffic offense or business |
offense; | ||
(v) the officer is the subject of an internal | ||
investigation or otherwise being investigated for | ||
possible misconduct;
| ||
(vi) the supervisor of the officer, | ||
prosecutor, defendant, or court determines that | ||
the encounter has evidentiary value in a criminal | ||
prosecution; or | ||
(vii) the recording officer requests that the | ||
video be flagged for official purposes related to | ||
his or her official duties. | ||
(C) Under no circumstances shall any recording | ||
made with an officer-worn body camera relating to a | ||
flagged encounter be altered or destroyed prior to 2 | ||
years after the recording was flagged. If the flagged | ||
recording was used in a criminal, civil, or | ||
administrative proceeding, the recording shall not be | ||
destroyed except upon a final disposition and order | ||
from the court. | ||
(8) Following the 90-day storage period, recordings | ||
may be retained if a supervisor at the law enforcement | ||
agency designates the recording for training purposes. If | ||
the recording is designated for training purposes, the | ||
recordings may be viewed by officers, in the presence of a | ||
supervisor or training instructor, for the purposes of | ||
instruction, training, or ensuring compliance with agency |
policies.
| ||
(9) Recordings shall not be used to discipline law | ||
enforcement officers unless: | ||
(A) a formal or informal complaint of misconduct | ||
has been made; | ||
(B) a use of force incident has occurred; | ||
(C) the encounter on the recording could result in | ||
a formal investigation under the Uniform Peace | ||
Officers' Disciplinary Act; or | ||
(D) as corroboration of other evidence of | ||
misconduct. | ||
Nothing in this paragraph (9) shall be construed to | ||
limit or prohibit a law enforcement officer from being | ||
subject to an action that does not amount to discipline. | ||
(10) The law enforcement agency shall ensure proper | ||
care and maintenance of officer-worn body cameras. Upon | ||
becoming aware, officers must as soon as practical document | ||
and notify the appropriate supervisor of any technical | ||
difficulties, failures, or problems with the officer-worn | ||
body camera or associated equipment. Upon receiving | ||
notice, the appropriate supervisor shall make every | ||
reasonable effort to correct and repair any of the | ||
officer-worn body camera equipment. | ||
(11) No officer may hinder or prohibit any person, not | ||
a law enforcement officer, from recording a law enforcement | ||
officer in the performance of his or her duties in a public |
place or when the officer has no reasonable expectation of | ||
privacy.
The law enforcement agency's written policy shall | ||
indicate the potential criminal penalties, as well as any | ||
departmental discipline, which may result from unlawful | ||
confiscation or destruction of the recording medium of a | ||
person who is not a law enforcement officer. However, an | ||
officer may take reasonable action to maintain safety and | ||
control, secure crime scenes and accident sites, protect | ||
the integrity and confidentiality of investigations, and | ||
protect the public safety and order. | ||
(b) Recordings made with the use of an officer-worn body | ||
camera are not subject to disclosure under the Freedom of | ||
Information Act, except that: | ||
(1) if the subject of the encounter has a reasonable | ||
expectation of privacy, at the time of the recording, any | ||
recording which is flagged, due to the filing of a | ||
complaint, discharge of a firearm, use of force, arrest or | ||
detention, or resulting death or bodily harm, shall be | ||
disclosed in accordance with the Freedom of Information Act | ||
if: | ||
(A) the subject of the encounter captured on the | ||
recording is a victim or witness; and | ||
(B) the law enforcement agency obtains written | ||
permission of the subject or the subject's legal | ||
representative; | ||
(2) except as provided in paragraph (1) of this |
subsection (b), any recording which is flagged due to the | ||
filing of a complaint, discharge of a firearm, use of | ||
force, arrest or detention, or resulting death or bodily | ||
harm shall be disclosed in accordance with the Freedom of | ||
Information Act; and | ||
(3) upon request, the law enforcement agency shall | ||
disclose, in accordance with the Freedom of Information | ||
Act, the recording to the subject of the encounter captured | ||
on the recording or to the subject's attorney, or the | ||
officer or his or her legal representative. | ||
For the purposes of paragraph (1) of this subsection (b), | ||
the subject of the encounter does not have a reasonable | ||
expectation of privacy if the subject was arrested as a result | ||
of the encounter. For purposes of subparagraph (A) of paragraph | ||
(1) of this subsection (b), "witness" does not include a person | ||
who is a victim or who was arrested as a result of the | ||
encounter.
| ||
Only recordings or portions of recordings responsive to the | ||
request shall be available for inspection or reproduction. Any | ||
recording disclosed under the Freedom of Information Act shall | ||
be redacted to remove identification of any person that appears | ||
on the recording and is not the officer, a subject of the | ||
encounter, or directly involved in the encounter. Nothing in | ||
this subsection (b) shall require the disclosure of any | ||
recording or portion of any recording which would be exempt | ||
from disclosure under the Freedom of Information Act. |
(c) Nothing in this Section shall limit access to a camera | ||
recording for the purposes of complying with Supreme Court | ||
rules or the rules of evidence.
| ||
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.) | ||
(50 ILCS 706/10-25)
| ||
Sec. 10-25. Reporting. | ||
(a) Each law enforcement agency which employs the use of | ||
officer-worn body cameras must provide an annual report on the | ||
use of officer-worn body cameras to the Board, on or before May | ||
1 of the year. The report shall include:
| ||
(1) a brief overview of the makeup of the agency, | ||
including the number of officers utilizing officer-worn | ||
body cameras; | ||
(2) the number of officer-worn body cameras utilized by | ||
the law enforcement agency; | ||
(3) any technical issues with the equipment and how | ||
those issues were remedied; | ||
(4) a brief description of the review process used by | ||
supervisors within the law enforcement agency; | ||
(5) for each recording used in prosecutions of | ||
conservation, criminal, or traffic offenses or municipal | ||
ordinance violations: | ||
(A) the time, date, location, and precinct of the | ||
incident; | ||
(B) the offense charged and the date charges were |
filed; and | ||
(6) any other information relevant to the | ||
administration of the program. | ||
(b) On or before July 30 of each year, the Board must | ||
analyze the law enforcement agency reports and provide an | ||
annual report to the General Assembly and the Governor.
| ||
(Source: P.A. 99-352, eff. 1-1-16 .) | ||
Section 10-147. The Uniform Crime Reporting Act is amended | ||
by changing Sections 5-10, 5-12, and 5-20 and by adding Section | ||
5-11 as follows: | ||
(50 ILCS 709/5-10)
| ||
Sec. 5-10. Central repository of crime statistics. The | ||
Department of State Police shall be a central repository and | ||
custodian of crime statistics for the State and shall have all | ||
the power necessary to carry out the purposes of this Act, | ||
including the power to demand and receive cooperation in the | ||
submission of crime statistics from all law enforcement | ||
agencies. All data and information provided to the Department | ||
under this Act must be provided in a manner and form prescribed | ||
by the Department. On an annual basis, the Department shall | ||
make available compilations of crime statistics and monthly | ||
reporting required to be reported by each law enforcement | ||
agency.
| ||
(Source: P.A. 99-352, eff. 1-1-16 .) |
(50 ILCS 709/5-11 new) | ||
Sec. 5-11. FBI National Use of Force Database. The | ||
Department shall participate in and regularly submit use of | ||
force information to the Federal Bureau of Investigation (FBI) | ||
National Use of Force Database. Within 90 days of the effective | ||
date of this amendatory act, the Department shall promulgate | ||
rules outlining the use of force information required for | ||
submission to the Database, which shall be submitted monthly by | ||
law enforcement agencies under Section 5-12. | ||
(50 ILCS 709/5-12)
| ||
Sec. 5-12. Monthly reporting. All law enforcement agencies | ||
shall submit to the Department of State Police on a monthly | ||
basis the following: | ||
(1) beginning January 1, 2016, a report on any | ||
arrest-related death that shall include information | ||
regarding the deceased, the officer, any weapon used by the | ||
officer or the deceased, and the circumstances of the | ||
incident. The Department shall submit on a quarterly basis | ||
all information collected under this paragraph (1) to the | ||
Illinois Criminal Justice Information Authority, | ||
contingent upon updated federal guidelines regarding the | ||
Uniform Crime Reporting Program; | ||
(2) beginning January 1, 2017, a report on any instance | ||
when a law enforcement officer discharges his or her |
firearm causing a non-fatal injury to a person, during the | ||
performance of his or her official duties or in the line of | ||
duty; | ||
(3) a report of incident-based information on hate | ||
crimes including information describing the offense, | ||
location of the offense, type of victim, offender, and bias | ||
motivation. If no hate crime incidents occurred during a | ||
reporting month, the law enforcement agency must submit a | ||
no incident record, as required by the Department; | ||
(4) a report on any incident of an alleged commission | ||
of a domestic crime, that shall include information | ||
regarding the victim, offender, date and time of the | ||
incident, any injury inflicted, any weapons involved in the | ||
commission of the offense, and the relationship between the | ||
victim and the offender; | ||
(5) data on an index of offenses selected by the | ||
Department based on the seriousness of the offense, | ||
frequency of occurrence of the offense, and likelihood of | ||
being reported to law enforcement. The data shall include | ||
the number of index crime offenses committed and number of | ||
associated arrests; and | ||
(6) data on offenses and incidents reported by schools | ||
to local law enforcement. The data shall include offenses | ||
defined as an attack against school personnel, | ||
intimidation offenses, drug incidents, and incidents | ||
involving weapons ; .
|
(7) beginning on July 1, 2021, a report on any incident | ||
where a law enforcement officer was dispatched to deal with | ||
a person experiencing a mental health crisis or incident. | ||
The report shall include the number of incidents, the level | ||
of law enforcement response and the outcome of each | ||
incident; | ||
(8) beginning on July 1, 2021, a report on use of | ||
force, including any action that resulted in the death or | ||
serious bodily injury of a person or the discharge of a | ||
firearm at or in the direction of a person. The report | ||
shall include information required by the Department, | ||
pursuant to Section 5-11 of this Act. | ||
(Source: P.A. 99-352, eff. 1-1-16 .) | ||
(50 ILCS 709/5-20)
| ||
Sec. 5-20. Reporting compliance. The Department of State | ||
Police shall annually report to the Illinois Law Enforcement | ||
Training Standards Board and the Department of Revenue any law | ||
enforcement agency not in compliance with the reporting | ||
requirements under this Act. A law enforcement agency's | ||
compliance with the reporting requirements under this Act shall | ||
be a factor considered by the Illinois Law Enforcement Training | ||
Standards Board in awarding grant funding under the Law | ||
Enforcement Camera Grant Act , with preference to law | ||
enforcement agencies which are in compliance with reporting | ||
requirements under this Act .
|
(Source: P.A. 99-352, eff. 1-1-16 .) | ||
Section 10-150. The Uniform Peace Officers' Disciplinary | ||
Act is amended by changing Sections 3.2, 3.4, and 3.8 as | ||
follows:
| ||
(50 ILCS 725/3.2) (from Ch. 85, par. 2555)
| ||
Sec. 3.2.
No officer shall be subjected to interrogation | ||
without first
being informed in writing of the nature of the | ||
investigation. If an administrative
proceeding is instituted, | ||
the officer shall be informed beforehand of the
names of all | ||
complainants. The information shall be sufficient as to | ||
reasonably
apprise the officer of the nature of the | ||
investigation.
| ||
(Source: P.A. 83-981.)
| ||
(50 ILCS 725/3.4) (from Ch. 85, par. 2557)
| ||
Sec. 3.4. The officer under investigation shall be informed | ||
in writing of the
name, rank and unit or command of the officer | ||
in charge of the investigation,
the interrogators , and all | ||
persons who will be present on the behalf of the employer | ||
during any interrogation except
at a public administrative | ||
proceeding. The officer under investigation shall inform the | ||
employer of any person who will be present on his or her behalf | ||
during any interrogation except at a public administrative | ||
hearing.
|
(Source: P.A. 94-344, eff. 1-1-06.)
| ||
(50 ILCS 725/3.8) (from Ch. 85, par. 2561)
| ||
Sec. 3.8. Admissions; counsel; verified complaint.
| ||
(a) No officer shall be interrogated without first being | ||
advised
in writing that admissions made in the course of the | ||
interrogation may be
used as evidence of misconduct or as the | ||
basis for charges seeking suspension,
removal, or discharge; | ||
and without first being advised in writing that he
or she has | ||
the right to counsel of his or her choosing who may be present
| ||
to advise him or her at any stage of any interrogation.
| ||
(b) It shall not be a requirement for a person Anyone | ||
filing a complaint against a sworn peace officer to must have | ||
the
complaint supported by a sworn affidavit or any other legal | ||
documentation . This ban on an affidavit requirement shall apply | ||
to any collective bargaining agreements entered after the | ||
effective date of this provision. Any complaint, having been | ||
supported by a sworn affidavit, and having been found, in total | ||
or in part, to contain knowingly false material information, | ||
shall be presented to the appropriate State's Attorney for a | ||
determination of prosecution.
| ||
(Source: P.A. 97-472, eff. 8-22-11.)
| ||
(50 ILCS 725/6 rep.) | ||
Section 10-151. The Uniform Peace Officers' Disciplinary | ||
Act is amended by repealing Section 6. |
Section 10-155. The Police and Community Relations | ||
Improvement Act is amended by adding Section 1-35 as follows: | ||
(50 ILCS 727/1-35 new) | ||
Sec. 1-35. Anonymous complaint policy. | ||
(a)Any person may file notice of an anonymous complaint to | ||
the Illinois Law Enforcement Training Standards Board of any | ||
conduct the person believes a law enforcement officer has | ||
committed as described in subsection (b) of Section 6.3 of the | ||
Illinois Police Training Act. Notwithstanding any other | ||
provision in state law or any collective bargaining agreement, | ||
the Board shall accept notice and investigate any allegations | ||
from individuals who remain anonymous. | ||
(b)The Board shall complete a preliminary review of the | ||
allegations to determine whether further investigation is | ||
warranted. During the preliminary review, the Board will take | ||
all reasonable steps to discover any and all objective | ||
verifiable evidence relevant to the alleged violation through | ||
the identification, retention, review, and analysis of all | ||
available evidence, including, but not limited to: all | ||
time-sensitive evidence, audio and video evidence, physical | ||
evidence, arrest reports, photographic evidence, GPS records, | ||
computer data, lab reports, medical documents, and witness | ||
interviews. All reasonable steps will be taken to preserve | ||
relevant evidence identified during the preliminary |
investigation. | ||
(c)If the Board determines that for an anonymous notice | ||
there is objective verifiable evidence to support the | ||
allegation or allegations, the Board shall complete a sworn | ||
affidavit override to comply with subsection (b) of Section 3.8 | ||
of the Uniform Peace Officers' Disciplinary Act. The sworn | ||
affidavit override shall be specified on a form to be | ||
determined by the Board, including what evidence has been | ||
reviewed and, in reliance upon that evidence, it shall be | ||
affirmed that it is necessary and appropriate for the | ||
investigation to continue. It shall forward that form and the | ||
alleged violation in accordance with subsection (f) of Section | ||
6.3 of the Illinois Police Training Act. | ||
Section 10-160. The Counties Code is amended by changing | ||
Sections 4-5001, 4-12001, and 4-12001.1 as follows:
| ||
(55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
| ||
Sec. 4-5001. Sheriffs; counties of first and second class. | ||
The fees of
sheriffs in counties of the first and second class, | ||
except when increased
by county ordinance under this Section, | ||
shall be as follows:
| ||
For serving or attempting to serve summons on each | ||
defendant
in each county, $10.
| ||
For serving or attempting to serve an order or judgment | ||
granting injunctive
relief in each county, $10.
|
For serving or attempting to serve each garnishee in each | ||
county, $10.
| ||
For serving or attempting to serve an order for replevin in | ||
each county,
$10.
| ||
For serving or attempting to serve an order for attachment | ||
on each
defendant in each county, $10.
| ||
For serving or attempting to serve a warrant of arrest, $8, | ||
to be paid
upon conviction.
| ||
For returning a defendant from outside the State of | ||
Illinois, upon
conviction, the court shall assess, as court | ||
costs, the cost of returning a
defendant to the jurisdiction.
| ||
For taking special bail, $1 in each county.
| ||
For serving or attempting to serve a subpoena on each
| ||
witness, in each county, $10.
| ||
For advertising property for sale, $5.
| ||
For returning each process, in each county, $5.
| ||
Mileage for each mile of necessary travel to serve any such
| ||
process as Stated above, calculating from the place of holding | ||
court to
the place of residence of the defendant, or witness, | ||
50¢ each way.
| ||
For summoning each juror, $3 with 30¢ mileage each way in | ||
all counties.
| ||
For serving or attempting to serve notice of judgments or | ||
levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||
all counties.
| ||
For taking possession of and removing property levied on, |
the officer
shall be allowed to tax the actual cost of such | ||
possession or removal.
| ||
For feeding each prisoner, such compensation to cover the | ||
actual cost
as may be fixed by the county board, but such | ||
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For attending before a court with prisoner, on an order for | ||
habeas
corpus, in each county, $10 per day.
| ||
For attending before a court with a prisoner in any | ||
criminal
proceeding, in each county, $10 per day.
| ||
For each mile of necessary travel in taking such prisoner | ||
before the
court as stated above, 15¢ a mile each way.
| ||
For serving or attempting to serve an order or judgment for | ||
the
possession of real estate in an action of ejectment or in | ||
any other action,
or for restitution in an eviction action | ||
without aid,
$10 and when aid is necessary, the sheriff shall | ||
be allowed to tax in
addition the actual costs thereof, and for | ||
each mile of necessary travel,
50¢ each way.
| ||
For executing and acknowledging a deed of sale of real | ||
estate, in
counties of first class, $4; second class, $4.
| ||
For preparing, executing and acknowledging a deed on | ||
redemption from
a court sale of real estate in counties of | ||
first class, $5; second
class, $5.
| ||
For making certificates of sale, and making and filing | ||
duplicate, in
counties of first class, $3; in counties of the | ||
second class, $3.
|
For making certificate of redemption, $3.
| ||
For certificate of levy and filing, $3, and the fee for | ||
recording
shall be advanced by the judgment creditor and | ||
charged as costs.
| ||
For taking all civil bonds on legal process , civil and | ||
criminal, in counties of
first class,
$1; in second class, $1.
| ||
For executing copies in criminal cases, $4 and mileage for | ||
each mile
of necessary travel, 20¢ each way.
| ||
For executing requisitions from other states, $5.
| ||
For conveying each prisoner from the prisoner's own county | ||
to the jail
of another county, or from another county to the | ||
jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State | ||
Training School for Girls
and Reception Centers, the following | ||
fees, payable out of the State treasury. For each person who is | ||
conveyed, 35¢ per mile in going only to
the penitentiary, | ||
reformatory, Illinois State Training School for Boys,
Illinois | ||
State Training School for Girls and Reception Centers, from the
| ||
place of conviction.
| ||
The fees provided for transporting persons to the | ||
penitentiary,
reformatories, Illinois State Training School | ||
for Boys, Illinois State
Training School for Girls and | ||
Reception Centers shall be paid for each
trip so made. Mileage | ||
as used in this Section means the shortest
practical route, | ||
between the place from which the person is to be
transported, |
to the penitentiary, reformatories, Illinois State Training
| ||
School for Boys, Illinois State Training School for Girls and | ||
Reception
Centers and all fees per mile shall be computed on | ||
such basis.
| ||
For conveying any person to or from any of the charitable
| ||
institutions of the State, when properly committed by competent
| ||
authority, when one person is conveyed, 35¢ per mile; when two | ||
persons
are conveyed at the same time, 35¢ per mile for the | ||
first person and 20¢
per mile for the second person; and 10¢ | ||
per mile for each additional person.
| ||
For conveying a person from the penitentiary to the county | ||
jail when
required by law, 35¢ per mile.
| ||
For attending Supreme Court, $10 per day.
| ||
In addition to the above fees there shall be allowed to the | ||
sheriff a fee
of $600 for the sale of real estate which is made | ||
by virtue of
any judgment of a court, except that in the case | ||
of a sale of unimproved
real estate which sells for $10,000 or | ||
less, the fee shall be $150.
In addition to this fee and all | ||
other fees provided by this Section, there
shall be allowed to | ||
the sheriff a fee in accordance with the following
schedule for | ||
the sale of personal estate which is made by virtue of any
| ||
judgment of a court:
| ||
For judgments up to $1,000, $75;
| ||
For judgments from $1,001 to $15,000, $150;
| ||
For judgments over $15,000, $300.
| ||
The foregoing fees allowed by this Section are the maximum |
fees that
may be collected from any officer, agency, department | ||
or other
instrumentality of the State. The county board may, | ||
however, by ordinance,
increase the fees allowed by this | ||
Section and collect those increased fees
from all persons and | ||
entities other than officers, agencies, departments
and other | ||
instrumentalities of the State if the increase is justified by | ||
an
acceptable cost study showing that the fees allowed by this | ||
Section are not
sufficient to cover the costs of providing the | ||
service. A statement of the
costs of providing each service, | ||
program and activity shall be prepared by
the county board. All | ||
supporting documents shall be public records and
subject to | ||
public examination and audit. All direct and indirect costs, as
| ||
defined in the United States Office of Management and Budget | ||
Circular A-87,
may be included in the determination of the | ||
costs of each service,
program and activity.
| ||
In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
his fee for levying and
mileage, together with half the fee for | ||
all money collected by him which he
would be entitled to if the | ||
same was made by sale to enforce the judgment.
In no case shall | ||
the fee exceed the amount of money arising from the sale.
| ||
The fee requirements of this Section do not apply to police | ||
departments
or other law enforcement agencies. For the purposes | ||
of this Section, "law
enforcement agency" means an agency of | ||
the State or unit of local government
which is vested by law or |
ordinance with the duty to maintain public order
and to enforce | ||
criminal laws.
| ||
(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||
(55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| ||
Sec. 4-12001. Fees of sheriff in third class counties. The | ||
officers herein named, in counties of the third class,
shall be | ||
entitled to receive the fees herein specified, for the services
| ||
mentioned and such other fees as may be provided by law for | ||
such other
services not herein designated.
| ||
Fees for Sheriff
| ||
For serving or attempting to serve any summons on each | ||
defendant, $35.
| ||
For serving or attempting to serve each alias summons or | ||
other process
mileage will be charged as hereinafter provided | ||
when the address for
service differs from the address for | ||
service on the original summons or
other process.
| ||
For serving or attempting to serve all other process, on | ||
each defendant, $35.
| ||
For serving or attempting to serve a subpoena on each | ||
witness, $35.
| ||
For serving or attempting to serve each warrant, $35.
| ||
For serving or attempting to serve each garnishee, $35.
| ||
For summoning each juror, $10.
| ||
For serving or attempting to serve each order or judgment | ||
for replevin, $35.
|
For serving or attempting to serve an order for attachment, | ||
on each
defendant, $35.
| ||
For serving or attempting to serve an order or judgment for | ||
the
possession of real estate in an action of ejectment or in | ||
any other action,
or for restitution in an eviction action, | ||
without
aid, $35, and when aid is necessary, the sheriff shall | ||
be allowed to tax in
addition the actual costs thereof.
| ||
For serving or attempting to serve notice of judgment, $35.
| ||
For levying to satisfy an order in an action for | ||
attachment, $25.
| ||
For executing order of court to seize personal property, | ||
$25.
| ||
For making certificate of levy on real estate and filing or | ||
recording
same, $8, and the fee for filing or recording shall | ||
be advanced by the
plaintiff in attachment or by the judgment | ||
creditor and taxed as costs.
For taking possession of or | ||
removing property levied on, the sheriff
shall be allowed to | ||
tax the necessary actual costs of such possession or
removal.
| ||
For advertising property for sale, $20.
| ||
For making certificate of sale and making and filing | ||
duplicate for
record, $15, and the fee for recording same shall | ||
be advanced by the
judgment creditor and taxed as costs.
| ||
For preparing, executing and acknowledging deed on | ||
redemption from a
court sale of real estate, $15; for | ||
preparing, executing and
acknowledging all other deeds on sale | ||
of real estate, $10.
|
For making and filing certificate of redemption, $15, and | ||
the fee
for recording same shall be advanced by party making | ||
the redemption and
taxed as costs.
| ||
For making and filing certificate of redemption from a | ||
court sale,
$11, and the fee for recording same shall be | ||
advanced by the party
making the redemption and taxed as costs.
| ||
For taking all bonds on legal process, $10.
| ||
For taking special bail, $5.
| ||
For returning each process, $15.
| ||
Mileage for service or attempted service of all process is | ||
a $10 flat fee.
| ||
For attending before a court with a prisoner on an order | ||
for habeas
corpus, $9 per day.
| ||
For executing requisitions from other States, $13.
| ||
For conveying each prisoner from the prisoner's county to | ||
the jail of
another county, per mile for going only, 25¢.
| ||
For committing to or discharging each prisoner from jail, | ||
$3.
| ||
For feeding each prisoner, such compensation to cover | ||
actual costs as
may be fixed by the county board, but such | ||
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For committing each prisoner to jail under the laws of the | ||
United
States, to be paid by the marshal or other person | ||
requiring his
confinement, $3.
| ||
For feeding such prisoners per day, $3, to be paid by the |
marshal or
other person requiring the prisoner's confinement.
| ||
For discharging such prisoners, $3.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State | ||
Training School for
Girls, Reception Centers and Illinois | ||
Security Hospital, the following
fees, payable out of the State | ||
Treasury. When one person is conveyed,
20¢ per mile in going to | ||
the penitentiary, reformatories, Illinois State
Training | ||
School for Boys, Illinois State Training School for Girls,
| ||
Reception Centers and Illinois Security Hospital from the place | ||
of
conviction; when 2 persons are conveyed at the same time, | ||
20¢ per mile
for the first and 15¢ per mile for the second | ||
person; when more than 2
persons are conveyed at the same time | ||
as Stated above, the sheriff shall
be allowed 20¢ per mile for | ||
the first, 15¢ per mile
for the second and
10¢ per mile for | ||
each additional person.
| ||
The fees provided for herein for transporting persons to | ||
the
penitentiary, reformatories, Illinois State Training | ||
School for Boys,
Illinois State Training School for Girls, | ||
Reception Centers and Illinois
Security Hospital, shall be paid | ||
for each trip so made. Mileage as used
in this Section means | ||
the shortest route on a hard surfaced road,
(either State Bond | ||
Issue Route or Federal highways) or railroad,
whichever is | ||
shorter, between the place from which the person is to be
| ||
transported, to the penitentiary, reformatories, Illinois | ||
State Training
School for Boys, Illinois State Training School |
for Girls, Reception
Centers and Illinois Security Hospital, | ||
and all fees per mile shall be
computed on such basis.
| ||
In addition to the above fees, there shall be allowed to | ||
the sheriff
a fee of $900 for the sale of real estate which | ||
shall be made by virtue
of any judgment of a court. In addition | ||
to this fee and all other fees
provided by this Section, there | ||
shall be allowed to the sheriff a fee in
accordance with the | ||
following schedule for the sale of personal estate
which is | ||
made by virtue of any judgment of a
court:
| ||
For judgments up to $1,000, $100;
| ||
For judgments over $1,000 to $15,000, $300;
| ||
For judgments over $15,000, $500.
| ||
In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
the fee for levying and
mileage, together with half the fee for | ||
all money collected by him or
her which he or she would be | ||
entitled to if the same were made by sale
in the enforcement of | ||
a judgment. In no case shall the fee exceed the
amount of money | ||
arising from the sale.
| ||
The fee requirements of this Section do not apply to police | ||
departments
or other law enforcement agencies. For the purposes | ||
of this Section, "law
enforcement agency" means an agency of | ||
the State or unit of local government
which is vested by law or | ||
ordinance with the duty to maintain public order
and to enforce | ||
criminal laws or ordinances.
|
The fee requirements of this Section do not apply to units | ||
of local
government or school districts.
| ||
(Source: P.A. 100-173, eff. 1-1-18 .)
| ||
(55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
| ||
Sec. 4-12001.1. Fees of sheriff in third class counties; | ||
local
governments and school districts. The officers herein | ||
named, in counties of
the third class, shall be entitled to | ||
receive the fees herein specified
from all units of local | ||
government and school districts, for the services
mentioned and | ||
such other fees as may be provided by law for such other
| ||
services not herein designated.
| ||
Fees for Sheriff
| ||
For serving or attempting to serve any summons on each | ||
defendant, $25.
| ||
For serving or attempting to serve each alias summons or | ||
other process
mileage will be charged as hereinafter provided | ||
when the address for
service differs from the address for | ||
service on the original summons or
other process.
| ||
For serving or attempting to serve all other process, on | ||
each defendant, $25.
| ||
For serving or attempting to serve a subpoena on each | ||
witness, $25.
| ||
For serving or attempting to serve each warrant, $25.
| ||
For serving or attempting to serve each garnishee, $25.
| ||
For summoning each juror, $4.
|
For serving or attempting to serve each order or judgment | ||
for replevin, $25.
| ||
For serving or attempting to serve an order for attachment, | ||
on each
defendant, $25.
| ||
For serving or attempting to serve an order or judgment for | ||
the
possession of real estate in an action of ejectment or in | ||
any other action,
or for restitution in an eviction action, | ||
without
aid, $9, and when aid is necessary, the sheriff shall | ||
be allowed to tax in
addition the actual costs thereof.
| ||
For serving or attempting to serve notice of judgment, $25.
| ||
For levying to satisfy an order in an action for | ||
attachment, $25.
| ||
For executing order of court to seize personal property, | ||
$25.
| ||
For making certificate of levy on real estate and filing or | ||
recording
same, $3, and the fee for filing or recording shall | ||
be advanced by the
plaintiff in attachment or by the judgment | ||
creditor and taxed as costs.
For taking possession of or | ||
removing property levied on, the sheriff
shall be allowed to | ||
tax the necessary actual costs of such possession or
removal.
| ||
For advertising property for sale, $3.
| ||
For making certificate of sale and making and filing | ||
duplicate for
record, $3, and the fee for recording same shall | ||
be advanced by the
judgment creditor and taxed as costs.
| ||
For preparing, executing and acknowledging deed on | ||
redemption from a
court sale of real estate, $6; for preparing, |
executing and
acknowledging all other deeds on sale of real | ||
estate, $4.
| ||
For making and filing certificate of redemption, $3.50, and | ||
the fee
for recording same shall be advanced by party making | ||
the redemption and
taxed as costs.
| ||
For making and filing certificate of redemption from a | ||
court sale,
$4.50, and the fee for recording same shall be | ||
advanced by the party
making the redemption and taxed as costs.
| ||
For taking all bonds on legal process, $2.
| ||
For taking special bail, $2.
| ||
For returning each process, $5.
| ||
Mileage for service or attempted service of all process is | ||
a $10 flat fee.
| ||
For attending before a court with a prisoner on an order | ||
for habeas
corpus, $3.50 per day.
| ||
For executing requisitions from other States, $5.
| ||
For conveying each prisoner from the prisoner's county to | ||
the jail of
another county, per mile for going only, 25¢.
| ||
For committing to or discharging each prisoner from jail, | ||
$1.
| ||
For feeding each prisoner, such compensation to cover | ||
actual costs as
may be fixed by the county board, but such | ||
compensation shall not be
considered a part of the fees of the | ||
office.
| ||
For committing each prisoner to jail under the laws of the | ||
United
States, to be paid by the marshal or other person |
requiring his
confinement, $1.
| ||
For feeding such prisoners per day, $1, to be paid by the | ||
marshal or
other person requiring the prisoner's confinement.
| ||
For discharging such prisoners, $1.
| ||
For conveying persons to the penitentiary, reformatories, | ||
Illinois
State Training School for Boys, Illinois State | ||
Training School for
Girls, Reception Centers and Illinois | ||
Security Hospital, the following
fees, payable out of the State | ||
Treasury. When one person is conveyed,
15¢ per mile in going to | ||
the penitentiary, reformatories, Illinois State
Training | ||
School for Boys, Illinois State Training School for Girls,
| ||
Reception Centers and Illinois Security Hospital from the place | ||
of
conviction; when 2 persons are conveyed at the same time, | ||
15¢ per mile
for the first and 10¢ per mile for the second | ||
person; when more than 2
persons are conveyed at the same time | ||
as stated above, the sheriff shall
be allowed 15¢ per mile for | ||
the first, 10¢ per mile for the second and
5¢ per mile for each | ||
additional person.
| ||
The fees provided for herein for transporting persons to | ||
the
penitentiary, reformatories, Illinois State Training | ||
School for Boys,
Illinois State Training School for Girls, | ||
Reception Centers and Illinois
Security Hospital, shall be paid | ||
for each trip so made. Mileage as used
in this Section means | ||
the shortest route on a hard surfaced road,
(either State Bond | ||
Issue Route or Federal highways) or railroad,
whichever is | ||
shorter, between the place from which the person is to be
|
transported, to the penitentiary, reformatories, Illinois | ||
State Training
School for Boys, Illinois State Training School | ||
for Girls, Reception
Centers and Illinois Security Hospital, | ||
and all fees per mile shall be
computed on such basis.
| ||
In addition to the above fees, there shall be allowed to | ||
the sheriff
a fee of $600 for the sale of real estate which | ||
shall be made by virtue
of any judgment of a court. In addition | ||
to this fee and all other fees
provided by this Section, there | ||
shall be allowed to the sheriff a fee in
accordance with the | ||
following schedule for the sale of personal estate
which is | ||
made by virtue of any judgment of a
court:
| ||
For judgments up to $1,000, $90;
| ||
For judgments over $1,000 to $15,000, $275;
| ||
For judgments over $15,000, $400.
| ||
In all cases where the judgment is settled by the parties, | ||
replevied,
stopped by injunction or paid, or where the property | ||
levied upon is not
actually sold, the sheriff shall be allowed | ||
the fee for levying and
mileage, together with half the fee for | ||
all money collected by him or
her which he or she would be | ||
entitled to if the same were made by sale
in the enforcement of | ||
a judgment. In no case shall the fee exceed the
amount of money | ||
arising from the sale. | ||
All fees collected under Sections 4-12001 and 4-12001.1 | ||
must be used for public safety purposes only.
| ||
(Source: P.A. 100-173, eff. 1-1-18 .)
|
Section 10-161. The Counties Code is amended by adding | ||
Section 3-6041 as follows: | ||
(55 ILCS 5/3-6041 new) | ||
Sec. 3-6041. Military equipment surplus program. | ||
(a) For purposes of this Section: | ||
"Bayonet" means a large knife designed to be attached to | ||
the muzzle of a rifle, shotgun, or long gun for the purpose of | ||
hand-to-hand combat. | ||
"Grenade launcher" means a firearm or firearm accessory | ||
designed to launch small explosive projectiles. | ||
"Military equipment surplus program" means any federal or | ||
State program allowing a law enforcement agency to obtain | ||
surplus military equipment including, but not limited to, any | ||
program organized under Section 1122 of the National Defense | ||
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | ||
Section 1033 of the National Defense Authorization Act for | ||
Fiscal Year 1997 (Pub. L. 104-201) or any program established | ||
under 10 U.S.C. 2576a. | ||
"Tracked armored vehicle" means a vehicle that provides | ||
ballistic protection to its occupants and utilizes a tracked | ||
system installed of wheels for forward motion. | ||
"Weaponized aircraft, vessel, or vehicle" means any | ||
aircraft, vessel, or vehicle with weapons installed. | ||
(b) A sheriff's department shall not request or receive | ||
from any military equipment surplus program nor purchase or |
otherwise utilize the following equipment: | ||
(1) tracked armored vehicles; | ||
(2) weaponized aircraft, vessels, or vehicles; | ||
(3) firearms of .50-caliber or higher; | ||
(4) ammunition of .50-caliber or higher; | ||
(5) grenade launchers; or | ||
(6) bayonets. | ||
(c) A home rule county may not regulate the acquisition of | ||
equipment in a manner inconsistent with this Section. This | ||
Section is a limitation under subsection (i) of Section 6 of | ||
Article VII of the Illinois Constitution on the concurrent | ||
exercise by home rule counties of powers and functions | ||
exercised by the State. | ||
(d) If the sheriff requests property from a military | ||
equipment surplus program, the sheriff shall publish notice of | ||
the request on a publicly accessible website maintained by the | ||
sheriff or the county within 14 days after the request. | ||
Section 10-165. The Illinois Municipal Code is amended by | ||
adding Section 11-5.1-2 as follows: | ||
(65 ILCS 5/11-5.1-2 new) | ||
Sec. 11-5.1-2. Military equipment surplus program. | ||
(a) For purposes of this Section: | ||
"Bayonet" means large knives designed to be attached to the
| ||
muzzle of a rifle, shotgun, or long gun for the purposes of
|
hand-to-hand combat. | ||
"Grenade launcher" means a firearm or firearm accessory
| ||
designed to launch small explosive projectiles. | ||
"Military equipment surplus program" means any federal or | ||
state program allowing a law enforcement agency to obtain
| ||
surplus military equipment including, but not limit to, any
| ||
program organized under Section 1122 of the National Defense
| ||
Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
| ||
Section 1033 of the National Defense Authorization Act for
| ||
Fiscal Year 1997 (Pub. L. 104-201) or any program established
| ||
by the United States Department of Defense under 10 U.S.C.
| ||
2576a. | ||
"Tracked armored vehicle" means a vehicle that provides
| ||
ballistic protection to its occupants and utilizes a tracked
| ||
system installed of wheels for forward motion. | ||
"Weaponized aircraft, vessels, or vehicles" means any
| ||
aircraft, vessel, or vehicle with weapons installed. | ||
(b) A police department shall not request or receive from
| ||
any military equipment surplus program nor purchase or
| ||
otherwise utilize the following equipment: | ||
(1) tracked armored vehicles; | ||
(2) weaponized aircraft, vessels, or vehicles; | ||
(3) firearms of .50-caliber or higher; | ||
(4) ammunition of .50-caliber or higher; | ||
(5) grenade launchers, grenades, or similar | ||
explosives; or |
(6) bayonets. | ||
(c) A home rule municipality may not regulate the
| ||
acquisition of equipment in a manner inconsistent with this
| ||
Section. This Section is a limitation under subsection (i) of
| ||
Section 6 of Article VII of the Illinois Constitution on the
| ||
concurrent exercise by home rule municipalities of powers and
| ||
functions exercised by the State. | ||
(d) If a police department requests other property not | ||
prohibited from a military equipment surplus
program, the | ||
police department shall publish notice of the
request on a | ||
publicly accessible website maintained by the
police | ||
department or the municipality within 14 days after the
| ||
request. | ||
(65 ILCS 5/1-2-12.1 rep.) | ||
Section 10-170. The Illinois Municipal Code is amended by | ||
repealing Section 1-2-12.1. | ||
Section 10-175. The Campus Security Enhancement Act of 2008 | ||
is amended by changing Section 15 as follows:
| ||
(110 ILCS 12/15)
| ||
Sec. 15. Arrest reports.
| ||
(a) When an individual is arrested, the following | ||
information must
be made available to the news media for | ||
inspection and copying:
|
(1) Information that identifies the individual,
| ||
including the name, age, address, and photograph, when and | ||
if available.
| ||
(2) Information detailing any charges relating to the | ||
arrest.
| ||
(3) The time and location of the arrest.
| ||
(4) The name of the investigating or arresting law | ||
enforcement agency.
| ||
(5) If the individual is incarcerated, the conditions | ||
of pretrial release amount of any bail or bond .
| ||
(6) If the individual is incarcerated, the time and | ||
date that
the individual was received, discharged, or | ||
transferred from the arresting
agency's custody.
| ||
(b) The information required by this Section must be made | ||
available to
the news media for inspection and copying as soon | ||
as practicable, but in no
event shall the time period exceed 72 | ||
hours from the arrest. The information
described in paragraphs | ||
(3), (4), (5), and (6) of subsection (a), however, may
be | ||
withheld if it is determined that disclosure would:
| ||
(1) interfere with pending or actually and reasonably | ||
contemplated law
enforcement proceedings conducted by any | ||
law enforcement or correctional
agency;
| ||
(2) endanger the life or physical safety of law | ||
enforcement or
correctional personnel or any other person; | ||
or
| ||
(3) compromise the security of any correctional |
facility.
| ||
(c) For the purposes of this Section the term "news media" | ||
means personnel
of a newspaper or other periodical issued at | ||
regular intervals whether in
print or electronic format, a news | ||
service whether in print or electronic
format, a radio station, | ||
a television station, a television network, a
community antenna | ||
television service, or a person or corporation engaged in
| ||
making news reels or other motion picture news for public | ||
showing.
| ||
(d) Each law enforcement or correctional agency may charge | ||
fees for arrest
records, but in no instance may the fee exceed | ||
the actual cost of copying and
reproduction. The fees may not | ||
include the cost of the labor used to reproduce
the arrest | ||
record.
| ||
(e) The provisions of this Section do not supersede the | ||
confidentiality
provisions for arrest records of the Juvenile | ||
Court Act of 1987.
| ||
(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||
92-335, eff.
8-10-01.)
| ||
Section 10-180. The Illinois Insurance Code is amended by | ||
changing Sections 143.19, 143.19.1, and 205 as follows:
| ||
(215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
| ||
Sec. 143.19. Cancellation of automobile insurance policy; | ||
grounds. After a policy of automobile insurance as defined in |
Section
143.13(a) has been effective for 60 days, or if such | ||
policy is a renewal
policy, the insurer shall not exercise its | ||
option to cancel such policy
except for one or more of the | ||
following reasons:
| ||
a. Nonpayment of premium;
| ||
b. The policy was obtained through a material | ||
misrepresentation;
| ||
c. Any insured violated any of the terms and conditions | ||
of the
policy;
| ||
d. The named insured failed to disclose fully his motor | ||
vehicle
accidents and moving traffic violations for the | ||
preceding 36 months if
called for in the application;
| ||
e. Any insured made a false or fraudulent claim or | ||
knowingly aided
or abetted another in the presentation of | ||
such a claim;
| ||
f. The named insured or any other operator who either | ||
resides in the
same household or customarily operates an | ||
automobile insured under such
policy:
| ||
1. has, within the 12 months prior to the notice of
| ||
cancellation, had his driver's license under | ||
suspension or revocation;
| ||
2. is or becomes subject to epilepsy or heart | ||
attacks, and such
individual does not produce a | ||
certificate from a physician testifying to
his | ||
unqualified ability to operate a motor vehicle safely;
| ||
3. has an accident record, conviction record |
(criminal or traffic),
physical, or mental condition | ||
which is such that his operation of an
automobile might | ||
endanger the public safety;
| ||
4. has, within the 36 months prior to the notice of | ||
cancellation,
been addicted to the use of narcotics or | ||
other drugs; or
| ||
5. has been convicted, or violated conditions of | ||
pretrial release forfeited bail , during the 36 months
| ||
immediately preceding the notice of cancellation, for | ||
any felony,
criminal negligence resulting in death, | ||
homicide or assault arising out
of the operation of a | ||
motor vehicle, operating a motor vehicle while in
an | ||
intoxicated condition or while under the influence of | ||
drugs, being
intoxicated while in, or about, an | ||
automobile or while having custody of
an automobile, | ||
leaving the scene of an accident without stopping to
| ||
report, theft or unlawful taking of a motor vehicle, | ||
making false
statements in an application for an | ||
operator's or chauffeur's license or
has been | ||
convicted or pretrial release has been revoked | ||
forfeited bail for 3 or more violations within the
12 | ||
months immediately preceding the notice of | ||
cancellation, of any law,
ordinance, or regulation | ||
limiting the speed of motor vehicles or any of
the | ||
provisions of the motor vehicle laws of any state, | ||
violation of
which constitutes a misdemeanor, whether |
or not the violations were
repetitions of the same | ||
offense or different offenses;
| ||
g. The insured automobile is:
| ||
1. so mechanically defective that its operation | ||
might endanger
public safety;
| ||
2. used in carrying passengers for hire or | ||
compensation (the use of
an automobile for a car pool | ||
shall not be considered use of an automobile
for hire | ||
or compensation);
| ||
3. used in the business of transportation of | ||
flammables
or explosives;
| ||
4. an authorized emergency vehicle;
| ||
5. changed in shape or condition during the policy | ||
period so as to
increase the risk substantially; or
| ||
6. subject to an inspection law and has not been | ||
inspected or, if
inspected, has failed to qualify.
| ||
Nothing in this Section shall apply to nonrenewal.
| ||
(Source: P.A. 100-201, eff. 8-18-17.)
| ||
(215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
| ||
Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||
After a
policy of automobile insurance, as defined in
Section | ||
143.13, has been effective or renewed for 5 or more years, the
| ||
company shall not exercise its right of non-renewal unless:
| ||
a. The policy was obtained through a material | ||
misrepresentation; or
|
b. Any insured violated any of the terms and conditions of | ||
the
policy; or
| ||
c. The named insured failed to disclose fully his motor | ||
vehicle
accidents and moving traffic violations for the | ||
preceding 36 months, if
such information is called for in the | ||
application; or
| ||
d. Any insured made a false or fraudulent claim or | ||
knowingly aided
or abetted another in the presentation of such | ||
a claim; or
| ||
e. The named insured or any other operator who either | ||
resides in the
same household or customarily operates an | ||
automobile insured under such
a policy:
| ||
1. Has, within the 12 months prior to the notice of | ||
non-renewal had
his drivers license under suspension or | ||
revocation; or
| ||
2. Is or becomes subject to epilepsy or heart attacks, | ||
and such
individual does not produce a certificate from a | ||
physician testifying to
his unqualified ability to operate | ||
a motor vehicle safely; or
| ||
3. Has an accident record, conviction record (criminal | ||
or traffic),
or a physical or mental condition which is | ||
such that his operation of an
automobile might endanger the | ||
public safety; or
| ||
4. Has, within the 36 months prior to the notice of | ||
non-renewal,
been addicted to the use of narcotics or other | ||
drugs; or
|
5. Has been convicted or pretrial release has been | ||
revoked forfeited bail , during the 36 months
immediately | ||
preceding the notice of non-renewal, for any felony,
| ||
criminal negligence resulting in death, homicide or | ||
assault arising out
of the operation of a motor vehicle, | ||
operating a motor vehicle while in
an intoxicated condition | ||
or while under the influence of drugs, being
intoxicated | ||
while in or about an automobile or while having custody of
| ||
an automobile, leaving the scene of an accident without | ||
stopping to
report, theft or unlawful taking of a motor | ||
vehicle, making false
statements in an application for an | ||
operators or chauffeurs license, or
has been convicted or | ||
pretrial release has been revoked forfeited bail for 3 or | ||
more violations within the
12 months immediately preceding | ||
the notice of non-renewal, of any law,
ordinance or | ||
regulation limiting the speed of motor vehicles or any
of | ||
the provisions of the motor vehicle laws of any state, | ||
violation of
which constitutes a misdemeanor, whether or | ||
not the violations were
repetitions of the same offense or | ||
different offenses; or
| ||
f. The insured automobile is:
| ||
1. So mechanically defective that its operation might | ||
endanger
public safety; or
| ||
2. Used in carrying passengers for hire or compensation | ||
(the use of
an automobile for a car pool shall not be | ||
considered use of an
automobile for hire or compensation); |
or
| ||
3. Used in the business of transportation of flammables | ||
or
explosives; or
| ||
4. An authorized emergency vehicle; or
| ||
5. Changed in shape or condition during the policy | ||
period so as to
increase the risk substantially; or
| ||
6. Subject to an inspection law and it has not been | ||
inspected or, if
inspected, has failed to qualify; or
| ||
g. The notice of the intention
not to renew is mailed to | ||
the insured at least 60 days before the date of
nonrenewal as | ||
provided in Section 143.17.
| ||
(Source: P.A. 89-669, eff. 1-1-97.)
| ||
(215 ILCS 5/205) (from Ch. 73, par. 817)
| ||
Sec. 205. Priority of distribution of general assets.
| ||
(1) The priorities of distribution of general assets from | ||
the
company's estate is to be as follows:
| ||
(a) The costs and expenses of administration, | ||
including, but not limited to, the following: | ||
(i) The reasonable expenses of the Illinois | ||
Insurance Guaranty Fund, the Illinois Life and Health | ||
Insurance Guaranty Association, and the Illinois | ||
Health Maintenance Organization Guaranty Association | ||
and of any similar organization in any other state, | ||
including overhead, salaries, and other general | ||
administrative expenses allocable to the receivership |
(administrative and claims handling expenses and | ||
expenses in connection with arrangements for ongoing | ||
coverage), but excluding expenses incurred in the | ||
performance of duties under Section 547 or similar | ||
duties under the statute governing a similar | ||
organization in another state. For property and | ||
casualty insurance guaranty associations that guaranty | ||
certain obligations of any member company as defined by | ||
Section 534.5, expenses shall include, but not be | ||
limited to, loss adjustment expenses, which shall | ||
include adjusting and other expenses and defense and | ||
cost containment expenses. The expenses of such | ||
property and casualty guaranty associations, including | ||
the Illinois Insurance Guaranty Fund, shall be | ||
reimbursed as prescribed by Section 545, but shall be | ||
subordinate to all other costs and expenses of | ||
administration, including the expenses reimbursed | ||
pursuant to subparagraph (ii) of this paragraph (a). | ||
(ii) The expenses expressly approved or ratified | ||
by the Director as liquidator or rehabilitator, | ||
including, but not limited to, the following: | ||
(1) the actual and necessary costs of | ||
preserving or recovering the property of the | ||
insurer; | ||
(2) reasonable compensation for all services | ||
rendered on behalf of the administrative |
supervisor or receiver; | ||
(3) any necessary filing fees; | ||
(4) the fees and mileage payable to witnesses; | ||
(5) unsecured loans obtained by the receiver; | ||
and | ||
(6) expenses approved by the conservator or | ||
rehabilitator of the insurer, if any, incurred in the | ||
course of the conservation or rehabilitation that are | ||
unpaid at the time of the entry of the order of | ||
liquidation. | ||
Any unsecured loan falling under item (5) of | ||
subparagraph (ii) of this paragraph (a) shall have priority | ||
over all other costs and expenses of administration, unless | ||
the lender agrees otherwise. Absent agreement to the | ||
contrary, all other costs and expenses of administration | ||
shall be shared on a pro-rata basis, except for the | ||
expenses of property and casualty guaranty associations, | ||
which shall have a lower priority pursuant to subparagraph | ||
(i) of this paragraph (a).
| ||
(b) Secured
claims,
including claims for taxes and | ||
debts due the federal or any state or local
government, | ||
that are secured by liens perfected prior to the
filing of | ||
the
complaint.
| ||
(c) Claims for wages actually owing to employees for | ||
services rendered
within
3 months prior to the date of the | ||
filing of the complaint, not exceeding $1,000
to each |
employee unless there are claims due the federal government | ||
under
paragraph (f), then the claims for wages shall have a | ||
priority of
distribution immediately following that of | ||
federal claims under paragraph (f)
and immediately | ||
preceding claims of general creditors under paragraph (g).
| ||
(d) Claims by policyholders, beneficiaries, and | ||
insureds, under
insurance policies, annuity contracts, and | ||
funding agreements,
liability
claims against insureds | ||
covered under insurance policies and insurance
contracts | ||
issued by the company, claims of obligees (and, subject to | ||
the discretion of the
receiver, completion contractors) | ||
under surety bonds and surety undertakings (not to include | ||
bail bonds, mortgage or financial guaranty, or other forms | ||
of insurance offering protection against
investment risk), | ||
claims by principals under surety bonds and surety | ||
undertakings for wrongful
dissipation of collateral by the | ||
insurer or its agents, and claims incurred during any | ||
extension of
coverage provided under subsection (5) of | ||
Section 193, and claims of the Illinois Insurance
Guaranty | ||
Fund, the Illinois Life and Health Insurance Guaranty | ||
Association,
the Illinois Health Maintenance Organization | ||
Guaranty Association, and any
similar organization in | ||
another state
as prescribed in Section 545. For purposes of | ||
this Section, "funding
agreement" means an agreement | ||
whereby an insurer authorized to write business
under Class | ||
1 of Section 4 of this Code may accept and accumulate funds |
and
make one or more payments at future dates in amounts | ||
that are not based upon
mortality or morbidity | ||
contingencies.
| ||
(e) Claims by policyholders, beneficiaries, and | ||
insureds, the
allowed
values of which were determined by | ||
estimation under paragraph (b) of subsection
(4) of Section | ||
209.
| ||
(f) Any other claims due the federal government.
| ||
(g) All other claims of general creditors not falling | ||
within
any
other
priority under this Section including | ||
claims for taxes and debts due any state
or local | ||
government which are not secured
claims and claims for
| ||
attorneys' fees incurred by the company in contesting its | ||
conservation,
rehabilitation, or liquidation.
| ||
(h) Claims of guaranty fund certificate holders,
| ||
guaranty
capital
shareholders, capital note holders, and | ||
surplus note holders.
| ||
(i) Proprietary claims of shareholders, members, or | ||
other
owners.
| ||
Every claim under a written agreement, statute, or rule | ||
providing that the
assets in a separate account are not | ||
chargeable with the liabilities arising
out of any other | ||
business of the insurer shall be satisfied out of the funded
| ||
assets in the separate account equal to, but not to exceed, the | ||
reserves
maintained in the separate account under the separate | ||
account agreement, and to
the extent, if any, the claim is not |
fully discharged thereby, the remainder
of the claim shall be | ||
treated as a priority level (d) claim under paragraph
(d) of | ||
this subsection to the extent that reserves have been | ||
established in the
insurer's general account pursuant to | ||
statute, rule, or the separate account
agreement.
| ||
For purposes of this provision, "separate account | ||
policies, contracts, or
agreements" means any policies, | ||
contracts, or agreements that provide for
separate accounts as | ||
contemplated by Section 245.21.
| ||
To the extent that any assets of an insurer, other than | ||
those assets properly
allocated to and maintained in a separate | ||
account, have been used to fund or
pay any expenses, taxes, or | ||
policyholder benefits that are attributable to a
separate | ||
account policy, contract, or agreement that should have been | ||
paid by a
separate account prior to the commencement of | ||
receivership proceedings, then
upon the commencement of | ||
receivership proceedings, the separate accounts
that benefited | ||
from this payment or funding shall first be used to repay or
| ||
reimburse the company's general assets or account for any | ||
unreimbursed net sums
due at the commencement of receivership | ||
proceedings prior to the application of
the separate account | ||
assets to the satisfaction of liabilities or the
corresponding | ||
separate account policies, contracts, and agreements.
| ||
To the extent, if any, reserves or assets maintained in the | ||
separate account
are in excess of the amounts needed to satisfy | ||
claims under the separate
account contracts, the excess shall |
be treated as part of the general assets of
the insurer's | ||
estate.
| ||
(2) Within 120 days after the issuance of an Order of | ||
Liquidation with a
finding of insolvency against a domestic | ||
company, the Director shall make
application to the court | ||
requesting authority to disburse funds to the
Illinois | ||
Insurance Guaranty Fund, the Illinois Life and Health Insurance
| ||
Guaranty Association, the Illinois Health Maintenance | ||
Organization Guaranty
Association, and similar organizations | ||
in other states from time to time out
of the company's | ||
marshaled assets as funds
become available in amounts equal to | ||
disbursements made by the
Illinois Insurance Guaranty Fund, the | ||
Illinois Life and Health Insurance
Guaranty Association, the | ||
Illinois Health Maintenance Organization Guaranty
Association, | ||
and similar organizations in other states
for covered claims | ||
obligations on the presentation of evidence that such
| ||
disbursements have been made by the Illinois Insurance
Guaranty | ||
Fund, the Illinois Life and Health Insurance Guaranty
| ||
Association, the Illinois Health Maintenance Organization | ||
Guaranty Association,
and similar organizations in other | ||
states.
| ||
The Director shall establish procedures for the ratable | ||
allocation and
distribution of disbursements to the Illinois | ||
Insurance Guaranty Fund,
the Illinois Life and Health Insurance | ||
Guaranty Association, the Illinois
Health Maintenance | ||
Organization Guaranty Association, and
similar organizations |
in other states. In determining the amounts available
for | ||
disbursement, the Director shall reserve sufficient assets for | ||
the
payment of the expenses of administration described in | ||
paragraph (1)(a)
of this Section. All funds available for | ||
disbursement after the establishment
of the prescribed reserve | ||
shall be promptly distributed. As a condition
to receipt of | ||
funds in reimbursement of covered claims obligations,
the | ||
Director shall secure from the Illinois Insurance Guaranty | ||
Fund,
the Illinois Life and Health Insurance Guaranty | ||
Association, the Illinois
Health Maintenance Organization | ||
Guaranty Association, and
each similar organization in other | ||
states, an agreement to return to the
Director on demand funds | ||
previously received as may be required to pay claims
of secured | ||
creditors and claims falling within the priorities established
| ||
in paragraphs (a), (b), (c), and (d) of subsection (1) of
this | ||
Section in accordance
with such priorities.
| ||
(3) The changes made in this Section by this amendatory Act | ||
of the 100th General Assembly apply to all liquidation,
| ||
rehabilitation, or conservation proceedings that are pending | ||
on the effective date of this amendatory
Act of the 100th | ||
General Assembly and to all future liquidation, | ||
rehabilitation, or conservation proceedings. | ||
(4) The provisions of this Section are severable under | ||
Section 1.31 of
the Statute on Statutes.
| ||
(Source: P.A. 100-410, eff. 8-25-17.)
|
Section 10-185. The Illinois Gambling Act is amended by | ||
changing Section 5.1 as follows:
| ||
(230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||
Sec. 5.1. Disclosure of records.
| ||
(a) Notwithstanding any applicable statutory provision to | ||
the contrary,
the Board shall, on written request from any | ||
person, provide
information furnished by an applicant or | ||
licensee concerning the applicant
or licensee, his products, | ||
services or gambling enterprises and his
business holdings, as | ||
follows:
| ||
(1) The name, business address and business telephone | ||
number of any
applicant or licensee.
| ||
(2) An identification of any applicant or licensee | ||
including, if an
applicant or licensee is not an | ||
individual, the names and addresses of all stockholders and | ||
directors, if the entity is a corporation; the names and | ||
addresses of all members, if the entity is a limited | ||
liability company; the names and addresses of all partners, | ||
both general and limited, if the entity is a partnership; | ||
and the names and addresses of all beneficiaries, if the | ||
entity is a trust. If an applicant or licensee has a | ||
pending registration
statement filed with the Securities | ||
and Exchange Commission, only the names
of those persons or | ||
entities holding interest of 5% or more must be provided.
| ||
(3) An identification of any business, including, if |
applicable, the
state of incorporation or registration, in | ||
which an applicant or licensee
or an applicant's or | ||
licensee's spouse or children has an equity interest
of | ||
more than 1%. If an applicant or licensee is a corporation, | ||
partnership
or other business entity, the applicant or | ||
licensee shall identify any
other corporation, partnership | ||
or business entity in which it has an equity
interest of 1%
| ||
or more, including, if applicable, the state of
| ||
incorporation or registration. This information need not | ||
be provided by a
corporation, partnership or other business | ||
entity that has a pending
registration statement filed with | ||
the Securities and Exchange Commission.
| ||
(4) Whether an applicant or licensee has been indicted, | ||
convicted,
pleaded guilty or nolo contendere, or pretrial | ||
release has been revoked forfeited bail concerning any
| ||
criminal offense under the laws of any jurisdiction, either | ||
felony or
misdemeanor (except for traffic violations), | ||
including the date, the name
and location of the court, | ||
arresting agency and prosecuting agency, the
case number, | ||
the offense, the disposition and the location and length of
| ||
incarceration.
| ||
(5) Whether an applicant or licensee has had any | ||
license or
certificate issued by a licensing authority in | ||
Illinois or any other
jurisdiction denied, restricted, | ||
suspended, revoked or not renewed and a
statement | ||
describing the facts and circumstances concerning the |
denial,
restriction, suspension, revocation or | ||
non-renewal, including the licensing
authority, the date | ||
each such action was taken, and the reason for each
such | ||
action.
| ||
(6) Whether an applicant or licensee has ever filed or | ||
had filed against
it a proceeding in bankruptcy or has ever | ||
been involved in any formal
process to adjust, defer, | ||
suspend or otherwise work out the payment of any
debt | ||
including the date of filing, the name and location of the | ||
court, the
case and number of the disposition.
| ||
(7) Whether an applicant or licensee has filed, or been | ||
served with a
complaint or other notice filed with any | ||
public body, regarding the
delinquency in the payment of, | ||
or a dispute over the filings concerning the
payment of, | ||
any tax required under federal, State or local law, | ||
including
the amount, type of tax, the taxing agency and | ||
time periods involved.
| ||
(8) A statement listing the names and titles of all | ||
public officials
or officers of any unit of government, and | ||
relatives of said
public officials or officers who, | ||
directly or indirectly, own
any financial interest in, have | ||
any beneficial interest in, are the
creditors of or hold | ||
any debt instrument issued by, or hold or have any
interest | ||
in any contractual or service relationship with, an | ||
applicant
or licensee.
| ||
(9) Whether an applicant or licensee has made, directly |
or indirectly,
any political contribution, or any loans, | ||
donations or other payments, to
any candidate or office | ||
holder, within 5 years from the date of filing the
| ||
application, including the amount and the method of | ||
payment.
| ||
(10) The name and business telephone number of the | ||
counsel
representing an applicant or licensee in matters | ||
before the Board.
| ||
(11) A description of any proposed or approved gambling | ||
operation, including the type of boat, home dock, or casino | ||
or gaming location, expected
economic benefit to the | ||
community, anticipated or actual number of
employees, any | ||
statement from an applicant or licensee regarding | ||
compliance
with federal and State affirmative action | ||
guidelines, projected or actual
admissions and projected | ||
or actual adjusted gross gaming receipts.
| ||
(12) A description of the product or service to be | ||
supplied by an
applicant for a supplier's license.
| ||
(b) Notwithstanding any applicable statutory provision to | ||
the contrary,
the Board shall, on written request from any | ||
person, also provide
the following information:
| ||
(1) The amount of the wagering tax and admission tax | ||
paid daily to the
State of Illinois by the holder of an | ||
owner's license.
| ||
(2) Whenever the Board finds an applicant for an | ||
owner's license
unsuitable for licensing, a copy of the |
written letter outlining the
reasons for the denial.
| ||
(3) Whenever the Board has refused to grant leave for | ||
an applicant to
withdraw his application, a copy of the | ||
letter outlining the reasons for
the refusal.
| ||
(c) Subject to the above provisions, the Board shall not | ||
disclose any
information which would be barred by:
| ||
(1) Section 7 of the Freedom of Information Act; or
| ||
(2) The statutes, rules, regulations or | ||
intergovernmental agreements
of any jurisdiction.
| ||
(d) The Board may assess fees for the copying of | ||
information in
accordance with Section 6 of the Freedom of | ||
Information Act.
| ||
(Source: P.A. 101-31, eff. 6-28-19.)
| ||
Section 10-187. The Sexual Assault Survivors Emergency | ||
Treatment Act is amended by changing Section 7.5 as follows: | ||
(410 ILCS 70/7.5) | ||
Sec. 7.5. Prohibition on billing sexual assault survivors | ||
directly for certain services; written notice; billing | ||
protocols. | ||
(a) A hospital, approved pediatric health care facility, | ||
health care professional, ambulance provider, laboratory, or | ||
pharmacy furnishing medical forensic services, transportation, | ||
follow-up healthcare, or medication to a sexual assault | ||
survivor shall not: |
(1) charge or submit a bill for any portion of the | ||
costs of the services, transportation, or medications to | ||
the sexual assault survivor, including any insurance | ||
deductible, co-pay, co-insurance, denial of claim by an | ||
insurer, spenddown, or any other out-of-pocket expense; | ||
(2) communicate with, harass, or intimidate the sexual | ||
assault survivor for payment of services, including, but | ||
not limited to, repeatedly calling or writing to the sexual | ||
assault survivor and threatening to refer the matter to a | ||
debt collection agency or to an attorney for collection, | ||
enforcement, or filing of other process; | ||
(3) refer a bill to a collection agency or attorney for | ||
collection action against the sexual assault survivor; | ||
(4) contact or distribute information to affect the | ||
sexual assault survivor's credit rating; or | ||
(5) take any other action adverse to the sexual assault | ||
survivor or his or her family on account of providing | ||
services to the sexual assault survivor. | ||
(b) Nothing in this Section precludes a hospital, health | ||
care provider, ambulance provider, laboratory, or pharmacy | ||
from billing the sexual assault survivor or any applicable | ||
health insurance or coverage for inpatient services. | ||
(c) Every hospital and approved pediatric health care | ||
facility providing treatment services to sexual assault | ||
survivors in accordance with a plan approved under Section 2 of | ||
this Act shall provide a written notice to a sexual assault |
survivor. The written notice must include, but is not limited | ||
to, the following: | ||
(1) a statement that the sexual assault survivor should | ||
not be directly billed by any ambulance provider providing | ||
transportation services, or by any hospital, approved | ||
pediatric health care facility, health care professional, | ||
laboratory, or pharmacy for the services the sexual assault | ||
survivor received as an outpatient at the hospital or | ||
approved pediatric health care facility; | ||
(2) a statement that a sexual assault survivor who is | ||
admitted to a hospital may be billed for inpatient services | ||
provided by a hospital, health care professional, | ||
laboratory, or pharmacy; | ||
(3) a statement that prior to leaving the hospital or | ||
approved pediatric health care facility, the hospital or | ||
approved pediatric health care facility will give the | ||
sexual assault survivor a sexual assault services voucher | ||
for follow-up healthcare if the sexual assault survivor is | ||
eligible to receive a sexual assault services voucher; | ||
(4) the definition of "follow-up healthcare" as set | ||
forth in Section 1a of this Act; | ||
(5) a phone number the sexual assault survivor may call | ||
should the sexual assault survivor receive a bill from the | ||
hospital or approved pediatric health care facility for | ||
medical forensic services; | ||
(6) the toll-free phone number of the Office of the |
Illinois Attorney General, Crime Victim Services Division, | ||
which the sexual assault survivor may call should the | ||
sexual assault survivor receive a bill from an ambulance | ||
provider, approved pediatric health care facility, a | ||
health care professional, a laboratory, or a pharmacy. | ||
This subsection (c) shall not apply to hospitals that | ||
provide transfer services as defined under Section 1a of this | ||
Act. | ||
(d) Within 60 days after the effective date of this | ||
amendatory Act of the 99th General Assembly, every health care | ||
professional, except for those employed by a hospital or | ||
hospital affiliate, as defined in the Hospital Licensing Act, | ||
or those employed by a hospital operated under the University | ||
of Illinois Hospital Act, who bills separately for medical or | ||
forensic services must develop a billing protocol that ensures | ||
that no survivor of sexual assault will be sent a bill for any | ||
medical forensic services and submit the billing protocol to | ||
the Crime Victim Services Division of the Office of the | ||
Attorney General for approval. Within 60 days after the | ||
commencement of the provision of medical forensic services, | ||
every health care professional, except for those employed by a | ||
hospital or hospital affiliate, as defined in the Hospital | ||
Licensing Act, or those employed by a hospital operated under | ||
the University of Illinois Hospital Act, who bills separately | ||
for medical or forensic services must develop a billing | ||
protocol that ensures that no survivor of sexual assault is |
sent a bill for any medical forensic services and submit the | ||
billing protocol to the Crime Victim Services Division of the | ||
Office of the Attorney General for approval. Health care | ||
professionals who bill as a legal entity may submit a single | ||
billing protocol for the billing entity. | ||
Within 60 days after the Department's approval of a | ||
treatment plan, an approved pediatric health care facility and | ||
any health care professional employed by an approved pediatric | ||
health care facility must develop a billing protocol that | ||
ensures that no survivor of sexual assault is sent a bill for | ||
any medical forensic services and submit the billing protocol | ||
to the Crime Victim Services Division of the Office of the | ||
Attorney General for approval. | ||
The billing protocol must include at a minimum: | ||
(1) a description of training for persons who prepare | ||
bills for medical and forensic services; | ||
(2) a written acknowledgement signed by a person who | ||
has completed the training that the person will not bill | ||
survivors of sexual assault; | ||
(3) prohibitions on submitting any bill for any portion | ||
of medical forensic services provided to a survivor of | ||
sexual assault to a collection agency; | ||
(4) prohibitions on taking any action that would | ||
adversely affect the credit of the survivor of sexual | ||
assault; | ||
(5) the termination of all collection activities if the |
protocol is violated; and | ||
(6) the actions to be taken if a bill is sent to a | ||
collection agency or the failure to pay is reported to any | ||
credit reporting agency. | ||
The Crime Victim Services Division of the Office of the | ||
Attorney General may provide a sample acceptable billing | ||
protocol upon request. | ||
The Office of the Attorney General shall approve a proposed | ||
protocol if it finds that the implementation of the protocol | ||
would result in no survivor of sexual assault being billed or | ||
sent a bill for medical forensic services. | ||
If the Office of the Attorney General determines that | ||
implementation of the protocol could result in the billing of a | ||
survivor of sexual assault for medical forensic services, the | ||
Office of the Attorney General shall provide the health care | ||
professional or approved pediatric health care facility with a | ||
written statement of the deficiencies in the protocol. The | ||
health care professional or approved pediatric health care | ||
facility shall have 30 days to submit a revised billing | ||
protocol addressing the deficiencies to the Office of the | ||
Attorney General. The health care professional or approved | ||
pediatric health care facility shall implement the protocol | ||
upon approval by the Crime Victim Services Division of the | ||
Office of the Attorney General. | ||
The health care professional or approved pediatric health | ||
care facility shall submit any proposed revision to or |
modification of an approved billing protocol to the Crime | ||
Victim Services Division of the Office of the Attorney General | ||
for approval. The health care professional or approved | ||
pediatric health care facility shall implement the revised or | ||
modified billing protocol upon approval by the Crime Victim | ||
Services Division of the Office of the Illinois Attorney | ||
General.
| ||
(e) This Section is effective on and after July 1, 2021. | ||
(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.) | ||
Section 10-190. The Illinois Vehicle Code is amended by | ||
changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103 | ||
as follows:
| ||
(625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||
Sec. 6-204. When court to forward license and reports.
| ||
(a) For the purpose of providing to the Secretary of State | ||
the records
essential to the performance of the Secretary's | ||
duties under this Code to
cancel, revoke or suspend the | ||
driver's license and privilege to drive motor
vehicles of | ||
certain minors and of persons
found guilty of the criminal | ||
offenses or traffic violations
which this Code recognizes as | ||
evidence relating to unfitness to safely operate
motor | ||
vehicles, the following duties are imposed upon public | ||
officials:
| ||
(1) Whenever any person is convicted of any offense for |
which
this
Code makes mandatory the cancellation or | ||
revocation of the driver's
license or permit of such person | ||
by the Secretary of State, the judge of the
court in which | ||
such conviction is had shall require the surrender to the | ||
clerk
of the court of all driver's licenses or permits then | ||
held by the person so
convicted, and the clerk of the court | ||
shall, within 5 days thereafter, forward
the same, together | ||
with a report of such conviction, to the Secretary.
| ||
(2) Whenever any person is convicted of any offense | ||
under this
Code or
similar offenses under a municipal | ||
ordinance, other than regulations
governing standing, | ||
parking or weights of vehicles, and excepting the
following | ||
enumerated Sections of this Code: Sections 11-1406 | ||
(obstruction
to driver's view or control), 11-1407 | ||
(improper opening of door into
traffic), 11-1410 (coasting | ||
on downgrade), 11-1411 (following fire
apparatus), | ||
11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||
vehicle which is in unsafe condition or improperly | ||
equipped), 12-201(a)
(daytime lights on motorcycles), | ||
12-202 (clearance, identification and
side marker lamps), | ||
12-204 (lamp or flag on projecting load), 12-205
(failure | ||
to display the safety lights required), 12-401 | ||
(restrictions as
to tire equipment), 12-502 (mirrors), | ||
12-503 (windshields must be
unobstructed and equipped with | ||
wipers), 12-601 (horns and warning
devices), 12-602 | ||
(mufflers, prevention of noise or smoke), 12-603 (seat
|
safety belts), 12-702 (certain vehicles to carry flares or | ||
other warning
devices), 12-703 (vehicles for oiling roads | ||
operated on highways),
12-710 (splash guards and | ||
replacements), 13-101 (safety tests), 15-101
(size, weight | ||
and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||
and address on second division vehicles), 15-107 (length of | ||
vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||
15-112 (weights), 15-301
(weights), 15-316 (weights), | ||
15-318 (weights), and also excepting the following
| ||
enumerated Sections of the Chicago Municipal Code: | ||
Sections 27-245 (following
fire apparatus), 27-254 | ||
(obstruction of traffic), 27-258 (driving vehicle which
is | ||
in unsafe condition), 27-259 (coasting on downgrade), | ||
27-264 (use of horns
and signal devices), 27-265 | ||
(obstruction to driver's view or driver mechanism),
27-267 | ||
(dimming of headlights), 27-268 (unattended motor | ||
vehicle), 27-272
(illegal funeral procession), 27-273 | ||
(funeral procession on boulevard), 27-275
(driving freight | ||
hauling vehicles on boulevard), 27-276 (stopping and | ||
standing
of buses or taxicabs), 27-277 (cruising of public | ||
passenger vehicles), 27-305
(parallel parking), 27-306 | ||
(diagonal parking), 27-307 (parking not to obstruct
| ||
traffic), 27-308 (stopping, standing or parking | ||
regulated), 27-311 (parking
regulations), 27-312 (parking | ||
regulations), 27-313 (parking regulations),
27-314 | ||
(parking regulations), 27-315 (parking regulations), |
27-316 (parking
regulations), 27-317 (parking | ||
regulations), 27-318 (parking regulations),
27-319 | ||
(parking regulations), 27-320 (parking regulations), | ||
27-321 (parking
regulations), 27-322 (parking | ||
regulations), 27-324 (loading and
unloading at an angle), | ||
27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||
the downtown district), 27-335 (load restrictions in
| ||
residential areas), 27-338 (width of vehicles), 27-339 | ||
(height of
vehicles), 27-340 (length of vehicles), 27-352 | ||
(reflectors on trailers),
27-353 (mufflers), 27-354 | ||
(display of plates), 27-355 (display of city
vehicle tax | ||
sticker), 27-357 (identification of vehicles), 27-358
| ||
(projecting of loads), and also excepting the following | ||
enumerated
paragraphs of Section 2-201 of the Rules and | ||
Regulations of the Illinois
State Toll Highway Authority: | ||
(l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||
transporting dangerous cargo not properly indicated), it
| ||
shall be the duty of the clerk of the court in which such | ||
conviction is
had within 5 days thereafter to forward to | ||
the Secretary of State a report of
the conviction and the | ||
court may recommend the suspension of the driver's
license | ||
or permit of the person so convicted.
| ||
The reporting requirements of this subsection shall | ||
apply to all
violations stated in paragraphs (1) and (2) of | ||
this
subsection when the
individual has been adjudicated | ||
under the Juvenile Court Act or the
Juvenile Court Act of |
1987. Such reporting requirements shall also apply to
| ||
individuals adjudicated under the Juvenile Court Act or the | ||
Juvenile Court Act
of 1987 who have committed a violation | ||
of Section 11-501 of this Code, or
similar provision of a | ||
local ordinance, or Section 9-3 of the Criminal Code
of | ||
1961 or the Criminal Code of 2012, relating to the offense | ||
of reckless homicide, or Section 5-7 of the Snowmobile | ||
Registration and Safety Act or Section 5-16 of the Boat | ||
Registration and Safety Act, relating to the offense of | ||
operating a snowmobile or a watercraft while under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds, or combination thereof.
These | ||
reporting requirements also apply to individuals | ||
adjudicated under the Juvenile Court Act of 1987 based on | ||
any offense determined to have been committed in | ||
furtherance of the criminal activities of an organized | ||
gang, as provided in Section 5-710 of that Act, if those | ||
activities involved the operation or use of a motor | ||
vehicle. It shall be the duty of the clerk of the court in | ||
which
adjudication is had within 5 days thereafter to | ||
forward to the Secretary of
State a report of the | ||
adjudication and the court order requiring the Secretary
of | ||
State to suspend the minor's driver's license and driving | ||
privilege for such
time as determined by the court, but | ||
only until he or she attains the age of 18
years. All | ||
juvenile court dispositions reported to the Secretary of |
State
under this provision shall be processed by the | ||
Secretary of State as if the
cases had been adjudicated in | ||
traffic or criminal court. However, information
reported | ||
relative to the offense of reckless homicide, or Section | ||
11-501 of
this Code, or a similar provision of a local | ||
ordinance, shall be privileged
and available only to the | ||
Secretary of State, courts, and police officers.
| ||
The reporting requirements of this subsection (a) | ||
apply to all violations listed in paragraphs (1) and (2) of | ||
this subsection (a), excluding parking violations, when | ||
the driver holds a CLP or CDL, regardless of the type of | ||
vehicle in which the violation occurred, or when any driver | ||
committed the violation in a commercial motor vehicle as | ||
defined in Section 6-500 of this Code.
| ||
(3) Whenever an order is entered vacating the | ||
conditions of pretrial release forfeiture of any
bail,
| ||
security or bond given to secure appearance for any offense | ||
under this
Code or similar offenses under municipal | ||
ordinance, it shall be the duty
of the clerk of the court | ||
in which such vacation was had or the judge of
such court | ||
if such court has no clerk, within 5 days thereafter to
| ||
forward to the Secretary of State a report of the vacation.
| ||
(4) A report of any disposition of court supervision | ||
for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||
similar provision of a local ordinance,
11-503, 11-504, and | ||
11-506 of this Code, Section 5-7 of the Snowmobile |
Registration and Safety Act, and Section 5-16 of the Boat | ||
Registration and Safety Act shall be forwarded to the | ||
Secretary of State.
A report of any disposition of court | ||
supervision for a violation of an offense
defined as a | ||
serious traffic violation in this Code or a similar | ||
provision of a
local ordinance committed by a person under | ||
the age of 21 years shall be
forwarded to the Secretary of | ||
State.
| ||
(5) Reports of conviction
under this Code
and | ||
sentencing hearings under the
Juvenile Court
Act of 1987 in | ||
an electronic format
or a computer processible medium
shall
| ||
be
forwarded to the Secretary of State via the Supreme | ||
Court in the form and
format required by the Illinois | ||
Supreme Court and established by a written
agreement | ||
between the Supreme Court and the Secretary of State.
In | ||
counties with a population over 300,000, instead of | ||
forwarding reports to
the Supreme Court, reports of | ||
conviction
under this Code
and sentencing hearings under | ||
the
Juvenile Court Act of 1987 in an electronic format
or a | ||
computer processible medium
may
be forwarded to the | ||
Secretary of State by the Circuit Court Clerk in a form and
| ||
format required by the Secretary of State and established | ||
by written agreement
between the Circuit Court Clerk and | ||
the Secretary of State. Failure to
forward the reports of | ||
conviction or sentencing hearing under the Juvenile
Court | ||
Act of 1987 as required by this Section shall be
deemed an |
omission of duty and it shall be the duty of the several | ||
State's
Attorneys to enforce the requirements of this | ||
Section.
| ||
(b) Whenever a restricted driving permit is forwarded to a | ||
court, as a
result of confiscation by a police officer pursuant | ||
to the authority in
Section 6-113(f), it shall be the duty of | ||
the clerk, or judge, if the court
has no clerk, to forward such | ||
restricted driving permit and a facsimile of
the officer's | ||
citation to the Secretary of State as expeditiously as
| ||
practicable.
| ||
(c) For the purposes of this Code, a violation of the | ||
conditions of pretrial release forfeiture of bail or collateral
| ||
deposited to secure a defendant's appearance in court when the | ||
conditions of pretrial release have forfeiture
has not been | ||
vacated, or the failure of a defendant to appear for trial
| ||
after depositing his driver's license in lieu of other bail, | ||
shall be
equivalent to a conviction.
| ||
(d) For the purpose of providing the Secretary of State | ||
with records
necessary to properly monitor and assess driver | ||
performance and assist the
courts in the proper disposition of | ||
repeat traffic law offenders, the clerk
of the court shall | ||
forward to the Secretary of State,
on a form prescribed
by the | ||
Secretary, records of a driver's participation in a driver | ||
remedial
or rehabilitative program which was required, through | ||
a court order or court
supervision, in relation to the driver's | ||
arrest for a violation of Section
11-501 of this Code or a |
similar provision of a local ordinance.
The clerk of the court | ||
shall also forward to the Secretary, either on
paper or in an | ||
electronic format or a computer processible medium as required
| ||
under paragraph (5) of subsection (a) of this Section, any | ||
disposition
of court supervision for any traffic violation,
| ||
excluding those offenses listed in paragraph (2)
of subsection | ||
(a) of this Section.
These reports
shall be sent within 5
days | ||
after disposition, or, if
the driver is
referred to a driver
| ||
remedial or rehabilitative program, within 5 days of the | ||
driver's referral
to that program.
These reports received by | ||
the Secretary of State, including those required to
be | ||
forwarded under paragraph (a)(4), shall be privileged | ||
information, available
only (i) to the affected driver, (ii) to | ||
the parent or guardian of a person under the age of 18 years | ||
holding an instruction permit or a graduated driver's license, | ||
and (iii) for use by the courts, police
officers, prosecuting | ||
authorities, the Secretary of State, and the driver licensing | ||
administrator of any other state. In accordance with 49 C.F.R. | ||
Part 384, all reports of court supervision, except violations | ||
related to parking, shall be forwarded to the Secretary of | ||
State for all holders of a CLP or CDL or any driver who commits | ||
an offense while driving a commercial motor vehicle. These | ||
reports shall be recorded to the driver's record as a | ||
conviction for use in the disqualification of the driver's | ||
commercial motor vehicle privileges and shall not be privileged | ||
information.
|
(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20 .)
| ||
(625 ILCS 5/6-206)
| ||
Sec. 6-206. Discretionary authority to suspend or revoke | ||
license or
permit; right to a hearing.
| ||
(a) The Secretary of State is authorized to suspend or | ||
revoke the
driving privileges of any person without preliminary | ||
hearing upon a showing
of the person's records or other | ||
sufficient evidence that
the person:
| ||
1. Has committed an offense for which mandatory | ||
revocation of
a driver's license or permit is required upon | ||
conviction;
| ||
2. Has been convicted of not less than 3 offenses | ||
against traffic
regulations governing the movement of | ||
vehicles committed within any 12-month 12
month period. No | ||
revocation or suspension shall be entered more than
6 | ||
months after the date of last conviction;
| ||
3. Has been repeatedly involved as a driver in motor | ||
vehicle
collisions or has been repeatedly convicted of | ||
offenses against laws and
ordinances regulating the | ||
movement of traffic, to a degree that
indicates lack of | ||
ability to exercise ordinary and reasonable care in
the | ||
safe operation of a motor vehicle or disrespect for the | ||
traffic laws
and the safety of other persons upon the | ||
highway;
| ||
4. Has by the unlawful operation of a motor vehicle |
caused or
contributed to an accident resulting in injury | ||
requiring
immediate professional treatment in a medical | ||
facility or doctor's office
to any person, except that any | ||
suspension or revocation imposed by the
Secretary of State | ||
under the provisions of this subsection shall start no
| ||
later than 6 months after being convicted of violating a | ||
law or
ordinance regulating the movement of traffic, which | ||
violation is related
to the accident, or shall start not | ||
more than one year
after
the date of the accident, | ||
whichever date occurs later;
| ||
5. Has permitted an unlawful or fraudulent use of a | ||
driver's
license, identification card, or permit;
| ||
6. Has been lawfully convicted of an offense or | ||
offenses in another
state, including the authorization | ||
contained in Section 6-203.1, which
if committed within | ||
this State would be grounds for suspension or revocation;
| ||
7. Has refused or failed to submit to an examination | ||
provided for by
Section 6-207 or has failed to pass the | ||
examination;
| ||
8. Is ineligible for a driver's license or permit under | ||
the provisions
of Section 6-103;
| ||
9. Has made a false statement or knowingly concealed a | ||
material fact
or has used false information or | ||
identification in any application for a
license, | ||
identification card, or permit;
| ||
10. Has possessed, displayed, or attempted to |
fraudulently use any
license, identification card, or | ||
permit not issued to the person;
| ||
11. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driving privilege or privilege to | ||
obtain a driver's license
or permit was revoked or | ||
suspended unless the operation was authorized by
a | ||
monitoring device driving permit, judicial driving permit | ||
issued prior to January 1, 2009, probationary license to | ||
drive, or a restricted
driving permit issued under this | ||
Code;
| ||
12. Has submitted to any portion of the application | ||
process for
another person or has obtained the services of | ||
another person to submit to
any portion of the application | ||
process for the purpose of obtaining a
license, | ||
identification card, or permit for some other person;
| ||
13. Has operated a motor vehicle upon a highway of this | ||
State when
the person's driver's license or permit was | ||
invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||
14. Has committed a violation of Section 6-301, | ||
6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||
14B of the Illinois Identification Card
Act;
| ||
15. Has been convicted of violating Section 21-2 of the | ||
Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||
to criminal trespass to vehicles if the person exercised | ||
actual physical control over the vehicle during the | ||
commission of the offense, in which case the suspension
|
shall be for one year;
| ||
16. Has been convicted of violating Section 11-204 of | ||
this Code relating
to fleeing from a peace officer;
| ||
17. Has refused to submit to a test, or tests, as | ||
required under Section
11-501.1 of this Code and the person | ||
has not sought a hearing as
provided for in Section | ||
11-501.1;
| ||
18. (Blank);
| ||
19. Has committed a violation of paragraph (a) or (b) | ||
of Section 6-101
relating to driving without a driver's | ||
license;
| ||
20. Has been convicted of violating Section 6-104 | ||
relating to
classification of driver's license;
| ||
21. Has been convicted of violating Section 11-402 of
| ||
this Code relating to leaving the scene of an accident | ||
resulting in damage
to a vehicle in excess of $1,000, in | ||
which case the suspension shall be
for one year;
| ||
22. Has used a motor vehicle in violating paragraph | ||
(3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||
the Criminal Code of 1961 or the Criminal Code of 2012 | ||
relating
to unlawful use of weapons, in which case the | ||
suspension shall be for one
year;
| ||
23. Has, as a driver, been convicted of committing a | ||
violation of
paragraph (a) of Section 11-502 of this Code | ||
for a second or subsequent
time within one year of a | ||
similar violation;
|
24. Has been convicted by a court-martial or punished | ||
by non-judicial
punishment by military authorities of the | ||
United States at a military
installation in Illinois or in | ||
another state of or for a traffic-related traffic related | ||
offense that is the
same as or similar to an offense | ||
specified under Section 6-205 or 6-206 of
this Code;
| ||
25. Has permitted any form of identification to be used | ||
by another in
the application process in order to obtain or | ||
attempt to obtain a license,
identification card, or | ||
permit;
| ||
26. Has altered or attempted to alter a license or has | ||
possessed an
altered license, identification card, or | ||
permit;
| ||
27. (Blank);
| ||
28. Has been convicted for a first time of the illegal | ||
possession, while operating or
in actual physical control, | ||
as a driver, of a motor vehicle, of any
controlled | ||
substance prohibited under the Illinois Controlled | ||
Substances
Act, any cannabis prohibited under the Cannabis | ||
Control
Act, or any methamphetamine prohibited under the | ||
Methamphetamine Control and Community Protection Act, in | ||
which case the person's driving privileges shall be | ||
suspended for
one year.
Any defendant found guilty of this | ||
offense while operating a motor vehicle ,
shall have an | ||
entry made in the court record by the presiding judge that
| ||
this offense did occur while the defendant was operating a |
motor vehicle
and order the clerk of the court to report | ||
the violation to the Secretary
of State;
| ||
29. Has been convicted of the following offenses that | ||
were committed
while the person was operating or in actual | ||
physical control, as a driver,
of a motor vehicle: criminal | ||
sexual assault,
predatory criminal sexual assault of a | ||
child,
aggravated criminal sexual
assault, criminal sexual | ||
abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||
soliciting for a juvenile prostitute, promoting juvenile | ||
prostitution as described in subdivision (a)(1), (a)(2), | ||
or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, and the manufacture, sale or
| ||
delivery of controlled substances or instruments used for | ||
illegal drug use
or abuse in which case the driver's | ||
driving privileges shall be suspended
for one year;
| ||
30. Has been convicted a second or subsequent time for | ||
any
combination of the offenses named in paragraph 29 of | ||
this subsection,
in which case the person's driving | ||
privileges shall be suspended for 5
years;
| ||
31. Has refused to submit to a test as
required by | ||
Section 11-501.6 of this Code or Section 5-16c of the Boat | ||
Registration and Safety Act or has submitted to a test | ||
resulting in
an alcohol concentration of 0.08 or more or | ||
any amount of a drug, substance, or
compound resulting from | ||
the unlawful use or consumption of cannabis as listed
in | ||
the Cannabis Control Act, a controlled substance as listed |
in the Illinois
Controlled Substances Act, an intoxicating | ||
compound as listed in the Use of
Intoxicating Compounds | ||
Act, or methamphetamine as listed in the Methamphetamine | ||
Control and Community Protection Act, in which case the | ||
penalty shall be
as prescribed in Section 6-208.1;
| ||
32. Has been convicted of Section 24-1.2 of the | ||
Criminal Code of
1961 or the Criminal Code of 2012 relating | ||
to the aggravated discharge of a firearm if the offender | ||
was
located in a motor vehicle at the time the firearm was | ||
discharged, in which
case the suspension shall be for 3 | ||
years;
| ||
33. Has as a driver, who was less than 21 years of age | ||
on the date of
the offense, been convicted a first time of | ||
a violation of paragraph (a) of
Section 11-502 of this Code | ||
or a similar provision of a local ordinance;
| ||
34. Has committed a violation of Section 11-1301.5 of | ||
this Code or a similar provision of a local ordinance;
| ||
35. Has committed a violation of Section 11-1301.6 of | ||
this Code or a similar provision of a local ordinance;
| ||
36. Is under the age of 21 years at the time of arrest | ||
and has been
convicted of not less than 2 offenses against | ||
traffic regulations governing
the movement of vehicles | ||
committed within any 24-month 24 month period. No | ||
revocation
or suspension shall be entered more than 6 | ||
months after the date of last
conviction;
| ||
37. Has committed a violation of subsection (c) of |
Section 11-907 of this
Code that resulted in damage to the | ||
property of another or the death or injury of another;
| ||
38. Has been convicted of a violation of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance and the person was an occupant of a motor | ||
vehicle at the time of the violation;
| ||
39. Has committed a second or subsequent violation of | ||
Section
11-1201 of this Code;
| ||
40. Has committed a violation of subsection (a-1) of | ||
Section 11-908 of
this Code; | ||
41. Has committed a second or subsequent violation of | ||
Section 11-605.1 of this Code, a similar provision of a | ||
local ordinance, or a similar violation in any other state | ||
within 2 years of the date of the previous violation, in | ||
which case the suspension shall be for 90 days; | ||
42. Has committed a violation of subsection (a-1) of | ||
Section 11-1301.3 of this Code or a similar provision of a | ||
local ordinance;
| ||
43. Has received a disposition of court supervision for | ||
a violation of subsection (a), (d), or (e) of Section 6-20 | ||
of the Liquor
Control Act of 1934 or a similar provision of | ||
a local ordinance and the person was an occupant of a motor | ||
vehicle at the time of the violation, in which case the | ||
suspension shall be for a period of 3 months;
| ||
44.
Is under the age of 21 years at the time of arrest | ||
and has been convicted of an offense against traffic |
regulations governing the movement of vehicles after | ||
having previously had his or her driving privileges
| ||
suspended or revoked pursuant to subparagraph 36 of this | ||
Section; | ||
45.
Has, in connection with or during the course of a | ||
formal hearing conducted under Section 2-118 of this Code: | ||
(i) committed perjury; (ii) submitted fraudulent or | ||
falsified documents; (iii) submitted documents that have | ||
been materially altered; or (iv) submitted, as his or her | ||
own, documents that were in fact prepared or composed for | ||
another person; | ||
46. Has committed a violation of subsection (j) of | ||
Section 3-413 of this Code;
| ||
47. Has committed a violation of subsection (a) of | ||
Section 11-502.1 of this Code; | ||
48. Has submitted a falsified or altered medical | ||
examiner's certificate to the Secretary of State or | ||
provided false information to obtain a medical examiner's | ||
certificate; or | ||
49. Has committed a violation of subsection (b-5) of | ||
Section 12-610.2 that resulted in great bodily harm, | ||
permanent disability, or disfigurement, in which case the | ||
driving privileges shall be suspended for 12 months ; or . | ||
50. 49. Has been convicted of a violation of Section | ||
11-1002 or 11-1002.5 that resulted in a Type A injury to | ||
another, in which case the person's driving privileges |
shall be suspended for 12 months. | ||
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||
and 27 of this
subsection, license means any driver's license, | ||
any traffic ticket issued when
the person's driver's license is | ||
deposited in lieu of bail, a suspension
notice issued by the | ||
Secretary of State, a duplicate or corrected driver's
license, | ||
a probationary driver's license , or a temporary driver's | ||
license. | ||
(b) If any conviction forming the basis of a suspension or
| ||
revocation authorized under this Section is appealed, the
| ||
Secretary of State may rescind or withhold the entry of the | ||
order of suspension
or revocation, as the case may be, provided | ||
that a certified copy of a stay
order of a court is filed with | ||
the Secretary of State. If the conviction is
affirmed on | ||
appeal, the date of the conviction shall relate back to the | ||
time
the original judgment of conviction was entered and the | ||
6-month 6 month limitation
prescribed shall not apply.
| ||
(c) 1. Upon suspending or revoking the driver's license or | ||
permit of
any person as authorized in this Section, the | ||
Secretary of State shall
immediately notify the person in | ||
writing of the revocation or suspension.
The notice to be | ||
deposited in the United States mail, postage prepaid,
to the | ||
last known address of the person.
| ||
2. If the Secretary of State suspends the driver's license
| ||
of a person under subsection 2 of paragraph (a) of this | ||
Section, a
person's privilege to operate a vehicle as an |
occupation shall not be
suspended, provided an affidavit is | ||
properly completed, the appropriate fee
received, and a permit | ||
issued prior to the effective date of the
suspension, unless 5 | ||
offenses were committed, at least 2 of which occurred
while | ||
operating a commercial vehicle in connection with the driver's
| ||
regular occupation. All other driving privileges shall be | ||
suspended by the
Secretary of State. Any driver prior to | ||
operating a vehicle for
occupational purposes only must submit | ||
the affidavit on forms to be
provided by the Secretary of State | ||
setting forth the facts of the person's
occupation. The | ||
affidavit shall also state the number of offenses
committed | ||
while operating a vehicle in connection with the driver's | ||
regular
occupation. The affidavit shall be accompanied by the | ||
driver's license.
Upon receipt of a properly completed | ||
affidavit, the Secretary of State
shall issue the driver a | ||
permit to operate a vehicle in connection with the
driver's | ||
regular occupation only. Unless the permit is issued by the
| ||
Secretary of State prior to the date of suspension, the | ||
privilege to drive
any motor vehicle shall be suspended as set | ||
forth in the notice that was
mailed under this Section. If an | ||
affidavit is received subsequent to the
effective date of this | ||
suspension, a permit may be issued for the remainder
of the | ||
suspension period.
| ||
The provisions of this subparagraph shall not apply to any | ||
driver
required to possess a CDL for the purpose of operating a | ||
commercial motor vehicle.
|
Any person who falsely states any fact in the affidavit | ||
required
herein shall be guilty of perjury under Section 6-302 | ||
and upon conviction
thereof shall have all driving privileges | ||
revoked without further rights.
| ||
3. At the conclusion of a hearing under Section 2-118 of | ||
this Code,
the Secretary of State shall either rescind or | ||
continue an order of
revocation or shall substitute an order of | ||
suspension; or, good
cause appearing therefor, rescind, | ||
continue, change, or extend the
order of suspension. If the | ||
Secretary of State does not rescind the order,
the Secretary | ||
may upon application,
to relieve undue hardship (as defined by | ||
the rules of the Secretary of State), issue
a restricted | ||
driving permit granting the privilege of driving a motor
| ||
vehicle between the petitioner's residence and petitioner's | ||
place of
employment or within the scope of the petitioner's | ||
employment-related employment related duties, or to
allow the | ||
petitioner to transport himself or herself, or a family member | ||
of the
petitioner's household to a medical facility, to receive | ||
necessary medical care, to allow the petitioner to transport | ||
himself or herself to and from alcohol or drug
remedial or | ||
rehabilitative activity recommended by a licensed service | ||
provider, or to allow the petitioner to transport himself or | ||
herself or a family member of the petitioner's household to | ||
classes, as a student, at an accredited educational | ||
institution, or to allow the petitioner to transport children, | ||
elderly persons, or persons with disabilities who do not hold |
driving privileges and are living in the petitioner's household | ||
to and from daycare. The
petitioner must demonstrate that no | ||
alternative means of
transportation is reasonably available | ||
and that the petitioner will not endanger
the public safety or | ||
welfare.
| ||
(A) If a person's license or permit is revoked or | ||
suspended due to 2
or more convictions of violating Section | ||
11-501 of this Code or a similar
provision of a local | ||
ordinance or a similar out-of-state offense, or Section 9-3 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
where the use of alcohol or other drugs is recited as an | ||
element of the offense, or a similar out-of-state offense, | ||
or a combination of these offenses, arising out
of separate | ||
occurrences, that person, if issued a restricted driving | ||
permit,
may not operate a vehicle unless it has been | ||
equipped with an ignition
interlock device as defined in | ||
Section 1-129.1.
| ||
(B) If a person's license or permit is revoked or | ||
suspended 2 or more
times due to any combination of: | ||
(i) a single conviction of violating Section
| ||
11-501 of this Code or a similar provision of a local | ||
ordinance or a similar
out-of-state offense or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, where the use of alcohol or other drugs is | ||
recited as an element of the offense, or a similar | ||
out-of-state offense; or |
(ii) a statutory summary suspension or revocation | ||
under Section
11-501.1; or | ||
(iii) a suspension under Section 6-203.1; | ||
arising out of
separate occurrences; that person, if issued | ||
a restricted driving permit, may
not operate a vehicle | ||
unless it has been
equipped with an ignition interlock | ||
device as defined in Section 1-129.1. | ||
(B-5) If a person's license or permit is revoked or | ||
suspended due to a conviction for a violation of | ||
subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||
of Section 11-501 of this Code, or a similar provision of a | ||
local ordinance or similar out-of-state offense, that | ||
person, if issued a restricted driving permit, may not | ||
operate a vehicle unless it has been equipped with an | ||
ignition interlock device as defined in Section 1-129.1. | ||
(C)
The person issued a permit conditioned upon the use | ||
of an ignition interlock device must pay to the Secretary | ||
of State DUI Administration Fund an amount
not to exceed | ||
$30 per month. The Secretary shall establish by rule the | ||
amount
and the procedures, terms, and conditions relating | ||
to these fees. | ||
(D) If the
restricted driving permit is issued for | ||
employment purposes, then the prohibition against | ||
operating a motor vehicle that is not equipped with an | ||
ignition interlock device does not apply to the operation | ||
of an occupational vehicle owned or
leased by that person's |
employer when used solely for employment purposes. For any | ||
person who, within a 5-year period, is convicted of a | ||
second or subsequent offense under Section 11-501 of this | ||
Code, or a similar provision of a local ordinance or | ||
similar out-of-state offense, this employment exemption | ||
does not apply until either a one-year period has elapsed | ||
during which that person had his or her driving privileges | ||
revoked or a one-year period has elapsed during which that | ||
person had a restricted driving permit which required the | ||
use of an ignition interlock device on every motor vehicle | ||
owned or operated by that person. | ||
(E) In each case the Secretary may issue a
restricted | ||
driving permit for a period deemed appropriate, except that | ||
all
permits shall expire no later than 2 years from the | ||
date of issuance. A
restricted driving permit issued under | ||
this Section shall be subject to
cancellation, revocation, | ||
and suspension by the Secretary of State in like
manner and | ||
for like cause as a driver's license issued under this Code | ||
may be
cancelled, revoked, or suspended; except that a | ||
conviction upon one or more
offenses against laws or | ||
ordinances regulating the movement of traffic
shall be | ||
deemed sufficient cause for the revocation, suspension, or
| ||
cancellation of a restricted driving permit. The Secretary | ||
of State may, as
a condition to the issuance of a | ||
restricted driving permit, require the
applicant to | ||
participate in a designated driver remedial or |
rehabilitative
program. The Secretary of State is | ||
authorized to cancel a restricted
driving permit if the | ||
permit holder does not successfully complete the program.
| ||
(F) A person subject to the provisions of paragraph 4 | ||
of subsection (b) of Section 6-208 of this Code may make | ||
application for a restricted driving permit at a hearing | ||
conducted under Section 2-118 of this Code after the | ||
expiration of 5 years from the effective date of the most | ||
recent revocation or after 5 years from the date of release | ||
from a period of imprisonment resulting from a conviction | ||
of the most recent offense, whichever is later, provided | ||
the person, in addition to all other requirements of the | ||
Secretary, shows by clear and convincing evidence: | ||
(i) a minimum of 3 years of uninterrupted | ||
abstinence from alcohol and the unlawful use or | ||
consumption of cannabis under the Cannabis Control | ||
Act, a controlled substance under the Illinois | ||
Controlled Substances Act, an intoxicating compound | ||
under the Use of Intoxicating Compounds Act, or | ||
methamphetamine under the Methamphetamine Control and | ||
Community Protection Act; and | ||
(ii) the successful completion of any | ||
rehabilitative treatment and involvement in any | ||
ongoing rehabilitative activity that may be | ||
recommended by a properly licensed service provider | ||
according to an assessment of the person's alcohol or |
drug use under Section 11-501.01 of this Code. | ||
In determining whether an applicant is eligible for a | ||
restricted driving permit under this subparagraph (F), the | ||
Secretary may consider any relevant evidence, including, | ||
but not limited to, testimony, affidavits, records, and the | ||
results of regular alcohol or drug tests. Persons subject | ||
to the provisions of paragraph 4 of subsection (b) of | ||
Section 6-208 of this Code and who have been convicted of | ||
more than one violation of paragraph (3), paragraph (4), or | ||
paragraph (5) of subsection (a) of Section 11-501 of this | ||
Code shall not be eligible to apply for a restricted | ||
driving permit under this subparagraph (F). | ||
A restricted driving permit issued under this | ||
subparagraph (F) shall provide that the holder may only | ||
operate motor vehicles equipped with an ignition interlock | ||
device as required under paragraph (2) of subsection (c) of | ||
Section 6-205 of this Code and subparagraph (A) of | ||
paragraph 3 of subsection (c) of this Section. The | ||
Secretary may revoke a restricted driving permit or amend | ||
the conditions of a restricted driving permit issued under | ||
this subparagraph (F) if the holder operates a vehicle that | ||
is not equipped with an ignition interlock device, or for | ||
any other reason authorized under this Code. | ||
A restricted driving permit issued under this | ||
subparagraph (F) shall be revoked, and the holder barred | ||
from applying for or being issued a restricted driving |
permit in the future, if the holder is convicted of a | ||
violation of Section 11-501 of this Code, a similar | ||
provision of a local ordinance, or a similar offense in | ||
another state. | ||
(c-3) In the case of a suspension under paragraph 43 of | ||
subsection (a), reports received by the Secretary of State | ||
under this Section shall, except during the actual time the | ||
suspension is in effect, be privileged information and for use | ||
only by the courts, police officers, prosecuting authorities, | ||
the driver licensing administrator of any other state, the | ||
Secretary of State, or the parent or legal guardian of a driver | ||
under the age of 18. However, beginning January 1, 2008, if the | ||
person is a CDL holder, the suspension shall also be made | ||
available to the driver licensing administrator of any other | ||
state, the U.S. Department of Transportation, and the affected | ||
driver or motor
carrier or prospective motor carrier upon | ||
request.
| ||
(c-4) In the case of a suspension under paragraph 43 of | ||
subsection (a), the Secretary of State shall notify the person | ||
by mail that his or her driving privileges and driver's license | ||
will be suspended one month after the date of the mailing of | ||
the notice.
| ||
(c-5) The Secretary of State may, as a condition of the | ||
reissuance of a
driver's license or permit to an applicant | ||
whose driver's license or permit has
been suspended before he | ||
or she reached the age of 21 years pursuant to any of
the |
provisions of this Section, require the applicant to | ||
participate in a
driver remedial education course and be | ||
retested under Section 6-109 of this
Code.
| ||
(d) This Section is subject to the provisions of the Driver | ||
Drivers License
Compact.
| ||
(e) The Secretary of State shall not issue a restricted | ||
driving permit to
a person under the age of 16 years whose | ||
driving privileges have been suspended
or revoked under any | ||
provisions of this Code.
| ||
(f) In accordance with 49 C.F.R. 384, the Secretary of | ||
State may not issue a restricted driving permit for the | ||
operation of a commercial motor vehicle to a person holding a | ||
CDL whose driving privileges have been suspended, revoked, | ||
cancelled, or disqualified under any provisions of this Code. | ||
(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | ||
101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.) | ||
(625 ILCS 5/6-308) | ||
Sec. 6-308. Procedures for traffic violations. | ||
(a) Any person cited for violating this Code or a similar | ||
provision of a local ordinance for which a violation is a petty | ||
offense as defined by Section 5-1-17 of the Unified Code of | ||
Corrections, excluding business offenses as defined by Section | ||
5-1-2 of the Unified Code of Corrections or a violation of | ||
Section 15-111 or subsection (d) of Section 3-401 of this Code, | ||
shall not be required to sign the citation or post bond to |
secure bail for his or her release. All other provisions of | ||
this Code or similar provisions of local ordinances shall be | ||
governed by the pretrial release bail provisions of the | ||
Illinois Supreme Court Rules when it is not practical or | ||
feasible to take the person before a judge to have conditions | ||
of pretrial release bail set or to avoid undue delay because of | ||
the hour or circumstances. | ||
(b) Whenever a person fails to appear in court, the court | ||
may continue the case for a minimum of 30 days and the clerk of | ||
the court shall send notice of the continued court date to the | ||
person's last known address. If the person does not appear in | ||
court on or before the continued court date or satisfy the | ||
court that the person's appearance in and surrender to the | ||
court is impossible for no fault of the person, the court shall | ||
enter an order of failure to appear. The clerk of the court | ||
shall notify the Secretary of State, on a report prescribed by | ||
the Secretary, of the court's order. The Secretary, when | ||
notified by the clerk of the court that an order of failure to | ||
appear has been entered, shall immediately suspend the person's | ||
driver's license, which shall be designated by the Secretary as | ||
a Failure to Appear suspension. The Secretary shall not remove | ||
the suspension, nor issue any permit or privileges to the | ||
person whose license has been suspended, until notified by the | ||
ordering court that the person has appeared and resolved the | ||
violation. Upon compliance, the clerk of the court shall | ||
present the person with a notice of compliance containing the |
seal of the court, and shall notify the Secretary that the | ||
person has appeared and resolved the violation. | ||
(c) Illinois Supreme Court Rules shall govern pretrial | ||
release bail and appearance procedures when a person who is a | ||
resident of another state that is not a member of the | ||
Nonresident Violator Compact of 1977 is cited for violating | ||
this Code or a similar provision of a local ordinance.
| ||
(Source: P.A. 100-674, eff. 1-1-19 .)
| ||
(625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||
Sec. 6-500. Definitions of words and phrases. | ||
Notwithstanding the
definitions set forth elsewhere in this
| ||
Code, for purposes of the Uniform Commercial Driver's License | ||
Act
(UCDLA), the words and phrases listed below have the | ||
meanings
ascribed to them as follows:
| ||
(1) Alcohol. "Alcohol" means any substance containing any | ||
form of
alcohol, including but not limited to ethanol,
| ||
methanol,
propanol, and
isopropanol.
| ||
(2) Alcohol concentration. "Alcohol concentration" means:
| ||
(A) the number of grams of alcohol per 210 liters of | ||
breath;
or
| ||
(B) the number of grams of alcohol per 100 milliliters | ||
of
blood; or
| ||
(C) the number of grams of alcohol per 67 milliliters | ||
of
urine.
| ||
Alcohol tests administered within 2 hours of the driver |
being
"stopped or detained" shall be considered that driver's | ||
"alcohol
concentration" for the purposes of enforcing this | ||
UCDLA.
| ||
(3) (Blank).
| ||
(4) (Blank).
| ||
(5) (Blank).
| ||
(5.3) CDLIS driver record. "CDLIS driver record" means the | ||
electronic record of the individual CDL driver's status and | ||
history stored by the State-of-Record as part of the Commercial | ||
Driver's License Information System, or CDLIS, established | ||
under 49 U.S.C. 31309. | ||
(5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||
record" or "CDLIS MVR" means a report generated from the CDLIS | ||
driver record meeting the requirements for access to CDLIS | ||
information and provided by states to users authorized in 49 | ||
C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||
Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||
(5.7) Commercial driver's license downgrade. "Commercial | ||
driver's license downgrade" or "CDL downgrade" means either: | ||
(A) a state allows the driver to change his or her | ||
self-certification to interstate, but operating | ||
exclusively in transportation or operation excepted from | ||
49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||
391.2, 391.68, or 398.3; | ||
(B) a state allows the driver to change his or her | ||
self-certification to intrastate only, if the driver |
qualifies under that state's physical qualification | ||
requirements for intrastate only; | ||
(C) a state allows the driver to change his or her | ||
certification to intrastate, but operating exclusively in | ||
transportation or operations excepted from all or part of | ||
the state driver qualification requirements; or | ||
(D) a state removes the CDL privilege from the driver | ||
license. | ||
(6) Commercial Motor Vehicle.
| ||
(A) "Commercial motor vehicle" or "CMV" means
a motor | ||
vehicle or combination of motor vehicles used in commerce, | ||
except those referred to in subdivision (B), designed
to | ||
transport passengers or property if the motor vehicle:
| ||
(i) has a gross combination weight rating or gross | ||
combination weight of 11,794 kilograms or more (26,001 | ||
pounds or more), whichever is greater, inclusive of any | ||
towed unit with a gross vehicle weight rating or
gross | ||
vehicle weight of more than 4,536 kilograms (10,000 | ||
pounds), whichever is greater; or
| ||
(i-5) has a gross vehicle weight rating or gross | ||
vehicle weight of 11,794 or more kilograms (26,001 | ||
pounds or more), whichever is greater; or | ||
(ii) is designed to transport 16 or more
persons, | ||
including the driver;
or
| ||
(iii) is of any size and is used in transporting | ||
hazardous materials as defined in 49 C.F.R. 383.5.
|
(B) Pursuant to the interpretation of the Commercial | ||
Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||
Administration, the definition of
"commercial motor | ||
vehicle" does not include:
| ||
(i) recreational vehicles, when operated primarily | ||
for personal use;
| ||
(ii) vehicles owned by or operated under the | ||
direction of the United States Department of Defense or | ||
the United States Coast Guard only when operated by
| ||
non-civilian personnel. This includes any operator on | ||
active military
duty; members of the Reserves; | ||
National Guard; personnel on part-time
training; and | ||
National Guard military technicians (civilians who are
| ||
required to wear military uniforms and are subject to | ||
the Code of Military
Justice); or
| ||
(iii) firefighting, police, and other emergency | ||
equipment (including, without limitation, equipment | ||
owned or operated by a HazMat or technical rescue team | ||
authorized by a county board under Section 5-1127 of | ||
the Counties Code), with audible and
visual signals, | ||
owned or operated
by or for a
governmental entity, | ||
which is necessary to the preservation of life or
| ||
property or the execution of emergency governmental | ||
functions which are
normally not subject to general | ||
traffic rules and regulations.
| ||
(7) Controlled Substance. "Controlled substance" shall |
have the same
meaning as defined in Section 102 of the Illinois | ||
Controlled Substances Act,
and shall also include cannabis as | ||
defined in Section 3 of the Cannabis Control
Act and | ||
methamphetamine as defined in Section 10 of the Methamphetamine | ||
Control and Community Protection Act.
| ||
(8) Conviction. "Conviction" means an unvacated | ||
adjudication of guilt
or a determination that a person has | ||
violated or failed to comply with the
law in a court of | ||
original jurisdiction or by an authorized administrative
| ||
tribunal; an unvacated revocation of pretrial release or | ||
forfeiture of bail or collateral deposited to secure
the | ||
person's appearance in court; a plea of guilty or nolo | ||
contendere accepted by the court; the payment of a fine or | ||
court cost
regardless of whether the imposition of sentence is | ||
deferred and ultimately
a judgment dismissing the underlying | ||
charge is entered; or a violation of a
condition of pretrial | ||
release without bail, regardless of whether or not the penalty
| ||
is rebated, suspended or probated.
| ||
(8.5) Day. "Day" means calendar day.
| ||
(9) (Blank).
| ||
(10) (Blank).
| ||
(11) (Blank).
| ||
(12) (Blank).
| ||
(13) Driver. "Driver" means any person who drives, | ||
operates, or is in
physical control of a commercial motor | ||
vehicle, any person who is required to hold a
CDL, or any |
person who is a holder of a CDL while operating a | ||
non-commercial motor vehicle.
| ||
(13.5) Driver applicant. "Driver applicant" means an | ||
individual who applies to a state or other jurisdiction to | ||
obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||
a CLP.
| ||
(13.8) Electronic device. "Electronic device" includes, | ||
but is not limited to, a cellular telephone, personal digital | ||
assistant, pager, computer, or any other device used to input, | ||
write, send, receive, or read text. | ||
(14) Employee. "Employee" means a person who is employed as | ||
a
commercial
motor vehicle driver. A person who is | ||
self-employed as a commercial motor
vehicle driver must comply | ||
with the requirements of this UCDLA
pertaining to employees. An
| ||
owner-operator on a long-term lease shall be considered an | ||
employee.
| ||
(15) Employer. "Employer" means a person (including the | ||
United
States, a State or a local authority) who owns or leases | ||
a commercial motor
vehicle or assigns employees to operate such | ||
a vehicle. A person who is
self-employed as a commercial motor | ||
vehicle driver must
comply with the requirements of this UCDLA.
| ||
(15.1) Endorsement. "Endorsement" means an authorization | ||
to an individual's CLP or CDL required to permit the individual | ||
to operate certain types of commercial motor vehicles. | ||
(15.2) Entry-level driver training. "Entry-level driver | ||
training" means the training an entry-level driver receives |
from an entity listed on the Federal Motor Carrier Safety | ||
Administration's Training Provider Registry prior to: (i) | ||
taking the CDL skills test required to receive the Class A or | ||
Class B CDL for the first time; (ii) taking the CDL skills test | ||
required to upgrade to a Class A or Class B CDL; or (iii) | ||
taking the CDL skills test required to obtain a passenger or | ||
school bus endorsement for the first time or the CDL knowledge | ||
test required to obtain a hazardous materials endorsement for | ||
the first time. | ||
(15.3) Excepted interstate. "Excepted interstate" means a | ||
person who operates or expects to operate in interstate | ||
commerce, but engages exclusively in transportation or | ||
operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||
398.3 from all or part of the qualification requirements of 49 | ||
C.F.R. Part 391 and is not required to obtain a medical | ||
examiner's certificate by 49 C.F.R. 391.45. | ||
(15.5) Excepted intrastate. "Excepted intrastate" means a | ||
person who operates in intrastate commerce but engages | ||
exclusively in transportation or operations excepted from all | ||
or parts of the state driver qualification requirements. | ||
(16) (Blank).
| ||
(16.5) Fatality. "Fatality" means the death of a person as | ||
a result of a motor vehicle accident.
| ||
(16.7) Foreign commercial driver. "Foreign commercial | ||
driver" means a person licensed to operate a commercial motor | ||
vehicle by an authority outside the United States, or a citizen |
of a foreign country who operates a commercial motor vehicle in | ||
the United States. | ||
(17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||
sovereign
jurisdiction that does not fall within the definition | ||
of "State".
| ||
(18) (Blank).
| ||
(19) (Blank).
| ||
(20) Hazardous materials. "Hazardous material" means any | ||
material that has been designated under 49 U.S.C.
5103 and is | ||
required to be placarded under subpart F of 49 C.F.R. part 172 | ||
or any quantity of a material listed as a select agent or toxin | ||
in 42 C.F.R. part 73.
| ||
(20.5) Imminent Hazard. "Imminent hazard" means the | ||
existence of any condition of a vehicle, employee, or | ||
commercial motor vehicle operations that substantially | ||
increases the likelihood of serious injury or death if not | ||
discontinued immediately; or a condition relating to hazardous | ||
material that presents a substantial likelihood that death, | ||
serious illness, severe personal injury, or a substantial | ||
endangerment to health, property, or the environment may occur | ||
before the reasonably foreseeable completion date of a formal | ||
proceeding begun to lessen the risk of that death, illness, | ||
injury or endangerment.
| ||
(20.6) Issuance. "Issuance" means initial issuance, | ||
transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||
CLP or CDL. |
(20.7) Issue. "Issue" means initial issuance, transfer, | ||
renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||
non-domiciled CDL. | ||
(21) Long-term lease. "Long-term lease" means a lease of a | ||
commercial
motor vehicle by the owner-lessor to a lessee, for a | ||
period of more than 29
days.
| ||
(21.01) Manual transmission. "Manual transmission" means a | ||
transmission utilizing a driver-operated clutch that is | ||
activated by a pedal or lever and a gear-shift mechanism | ||
operated either by hand or foot including those known as a | ||
stick shift, stick, straight drive, or standard transmission. | ||
All other transmissions, whether semi-automatic or automatic, | ||
shall be considered automatic for the purposes of the | ||
standardized restriction code. | ||
(21.1) Medical examiner. "Medical examiner" means an | ||
individual certified by the Federal Motor Carrier Safety | ||
Administration and listed on the National Registry of Certified | ||
Medical Examiners in accordance with Federal Motor Carrier | ||
Safety Regulations, 49 CFR 390.101 et seq. | ||
(21.2) Medical examiner's certificate. "Medical examiner's | ||
certificate" means either (1) prior to June 22, 2021, a | ||
document prescribed or approved by the Secretary of State that | ||
is issued by a medical examiner to a driver to medically | ||
qualify him or her to drive; or (2) beginning June 22, 2021, an | ||
electronic submission of results of an examination conducted by | ||
a medical examiner listed on the National Registry of Certified |
Medical Examiners to the Federal Motor Carrier Safety | ||
Administration of a driver to medically qualify him or her to | ||
drive. | ||
(21.5) Medical variance. "Medical variance" means a driver | ||
has received one of the following from the Federal Motor | ||
Carrier Safety Administration which allows the driver to be | ||
issued a medical certificate: (1) an exemption letter | ||
permitting operation of a commercial motor vehicle pursuant to | ||
49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||
skill performance evaluation (SPE) certificate permitting | ||
operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||
391.49. | ||
(21.7) Mobile telephone. "Mobile telephone" means a mobile | ||
communication device that falls under or uses any commercial | ||
mobile radio service, as defined in regulations of the Federal | ||
Communications Commission, 47 CFR 20.3. It does not include | ||
two-way or citizens band radio services. | ||
(22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||
which is self-propelled, and every vehicle which is propelled | ||
by electric
power obtained from over head trolley wires but not | ||
operated upon rails,
except vehicles moved solely by human | ||
power and motorized wheel chairs.
| ||
(22.2) Motor vehicle record. "Motor vehicle record" means a | ||
report of the driving status and history of a driver generated | ||
from the driver record provided to users, such as drivers or | ||
employers, and is subject to the provisions of the Driver |
Privacy Protection Act, 18 U.S.C. 2721-2725. | ||
(22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||
combination of motor vehicles not defined by the term | ||
"commercial motor vehicle" or "CMV" in this Section.
| ||
(22.7) Non-excepted interstate. "Non-excepted interstate" | ||
means a person who operates or expects to operate in interstate | ||
commerce, is subject to and meets the qualification | ||
requirements under 49 C.F.R. Part 391, and is required to | ||
obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||
(22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||
means a person who operates only in intrastate commerce and is | ||
subject to State driver qualification requirements. | ||
(23) Non-domiciled CLP or Non-domiciled CDL. | ||
"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||
respectively, issued by a state or other jurisdiction under | ||
either of the following two conditions: | ||
(i) to an individual domiciled in a foreign country | ||
meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||
of the Federal Motor Carrier Safety Administration.
| ||
(ii) to an individual domiciled in another state | ||
meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||
of the Federal Motor Carrier Safety Administration.
| ||
(24) (Blank).
| ||
(25) (Blank).
| ||
(25.5) Railroad-Highway Grade Crossing Violation. | ||
"Railroad-highway
grade
crossing violation" means a
violation, |
while operating a commercial motor vehicle, of
any
of the | ||
following:
| ||
(A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||
(B) Any other similar
law or local ordinance of any | ||
state relating to
railroad-highway grade crossing.
| ||
(25.7) School Bus. "School bus" means a commercial motor | ||
vehicle used to transport pre-primary, primary, or secondary | ||
school students from home to school, from school to home, or to | ||
and from school-sponsored events. "School bus" does not include | ||
a bus used as a common carrier.
| ||
(26) Serious Traffic Violation. "Serious traffic | ||
violation"
means:
| ||
(A) a conviction when operating a commercial motor | ||
vehicle, or when operating a non-CMV while holding a CLP or | ||
CDL,
of:
| ||
(i) a violation relating to excessive speeding,
| ||
involving a single speeding charge of 15 miles per hour | ||
or more above the
legal speed limit; or
| ||
(ii) a violation relating to reckless driving; or
| ||
(iii) a violation of any State law or local | ||
ordinance relating to motor
vehicle traffic control | ||
(other than parking violations) arising in
connection | ||
with a fatal traffic accident; or
| ||
(iv) a violation of Section 6-501, relating to | ||
having multiple driver's
licenses; or
| ||
(v) a violation of paragraph (a) of Section 6-507, |
relating to the
requirement to have a valid CLP or CDL; | ||
or
| ||
(vi) a violation relating to improper or erratic | ||
traffic lane changes;
or
| ||
(vii) a violation relating to following another | ||
vehicle too closely; or
| ||
(viii) a violation relating to texting while | ||
driving; or | ||
(ix) a violation relating to the use of a hand-held | ||
mobile telephone while driving; or | ||
(B) any other similar violation of a law or local
| ||
ordinance of any state relating to motor vehicle traffic | ||
control, other
than a parking violation, which the | ||
Secretary of State determines by
administrative rule to be | ||
serious.
| ||
(27) State. "State" means a state of the United States, the | ||
District of
Columbia and any province or territory of Canada.
| ||
(28) (Blank).
| ||
(29) (Blank).
| ||
(30) (Blank).
| ||
(31) (Blank).
| ||
(32) Texting. "Texting" means manually entering | ||
alphanumeric text into, or reading text from, an electronic | ||
device. | ||
(1) Texting includes, but is not limited to, short | ||
message service, emailing, instant messaging, a command or |
request to access a World Wide Web page, pressing more than | ||
a single button to initiate or terminate a voice | ||
communication using a mobile telephone, or engaging in any | ||
other form of electronic text retrieval or entry for | ||
present or future communication. | ||
(2) Texting does not include: | ||
(i) inputting, selecting, or reading information | ||
on a global positioning system or navigation system; or | ||
(ii) pressing a single button to initiate or | ||
terminate a voice communication using a mobile | ||
telephone; or | ||
(iii) using a device capable of performing | ||
multiple functions (for example, a fleet management | ||
system, dispatching device, smart phone, citizens band | ||
radio, or music player) for a purpose that is not | ||
otherwise prohibited by Part 392 of the Federal Motor | ||
Carrier Safety Regulations. | ||
(32.3) Third party skills test examiner. "Third party | ||
skills test examiner" means a person employed by a third party | ||
tester who is authorized by the State to administer the CDL | ||
skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||
(32.5) Third party tester. "Third party tester" means a | ||
person (including, but not limited to, another state, a motor | ||
carrier, a private driver training facility or other private | ||
institution, or a department, agency, or instrumentality of a | ||
local government) authorized by the State to employ skills test |
examiners to administer the CDL skills tests specified in 49 | ||
C.F.R. Part 383, subparts G and H. | ||
(32.7) United States. "United States" means the 50 states | ||
and the District of Columbia. | ||
(33) Use a hand-held mobile telephone. "Use a hand-held | ||
mobile telephone" means: | ||
(1) using at least one hand to hold a mobile telephone | ||
to conduct a voice communication; | ||
(2) dialing or answering a mobile telephone by pressing | ||
more than a single button; or | ||
(3) reaching for a mobile telephone in a manner that | ||
requires a driver to maneuver so that he or she is no | ||
longer in a seated driving position, restrained by a seat | ||
belt that is installed in accordance with 49 CFR 393.93 and | ||
adjusted in accordance with the vehicle manufacturer's | ||
instructions. | ||
(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
| ||
(625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| ||
Sec. 6-601. Penalties.
| ||
(a) It is a petty offense for any person to violate any of | ||
the
provisions of this Chapter unless such violation is by this | ||
Code or other
law of this State declared to be a misdemeanor or | ||
a felony.
| ||
(b) General penalties. Unless another penalty is in this | ||
Code
or other laws of this State, every person convicted of a |
petty
offense for the violation of any provision of this | ||
Chapter shall be
punished by a fine of not more than $500.
| ||
(c) Unlicensed driving. Except as hereinafter provided a | ||
violation
of Section 6-101 shall be:
| ||
1. A Class A misdemeanor if the person failed to obtain | ||
a driver's
license or permit after expiration of a period | ||
of revocation.
| ||
2. A Class B misdemeanor if the person has been issued | ||
a driver's license
or permit, which has expired, and if the | ||
period of expiration is greater than
one year; or if the | ||
person has never been issued a driver's license or permit,
| ||
or is not qualified to obtain a driver's license or permit | ||
because of his age.
| ||
3. A petty offense if the person has been issued a | ||
temporary visitor's driver's license or permit and is | ||
unable to provide proof of liability insurance as provided | ||
in subsection (d-5) of Section 6-105.1. | ||
If a licensee under this Code is convicted of violating | ||
Section 6-303 for
operating a motor vehicle during a time when | ||
such licensee's driver's license
was suspended under the | ||
provisions of Section 6-306.3 or 6-308, then such act shall be
| ||
a petty offense (provided the licensee has answered the charge | ||
which was the
basis of the suspension under Section 6-306.3 or | ||
6-308), and there shall be imposed no
additional like period of | ||
suspension as provided in paragraph (b) of Section
6-303.
| ||
(d) For violations of this Code or a similar provision of a |
local ordinance for which a violation is a petty offense as | ||
defined by Section 5-1-17 of the Unified Code of Corrections, | ||
excluding business offenses as defined by Section 5-1-2 of the | ||
Unified Code of Corrections or a violation of Section 15-111 or | ||
subsection (d) of Section 3-401 of this Code, if the violation | ||
may be satisfied without a court appearance, the violator may, | ||
pursuant to Supreme Court Rule, satisfy the case with a written | ||
plea of guilty and payment of fines, penalties, and costs as | ||
equal to the bail amount established by the Supreme Court for | ||
the offense. | ||
(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15; | ||
98-1134, eff. 1-1-15.)
| ||
(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
| ||
Sec. 16-103. Arrest outside county where violation | ||
committed.
| ||
Whenever a defendant is arrested upon a warrant charging a | ||
violation of
this Act in a county other than that in which such | ||
warrant was issued, the
arresting officer, immediately upon the | ||
request of the defendant, shall
take such defendant before a | ||
circuit judge or associate circuit judge in
the county in which | ||
the arrest was made who shall admit the defendant to
pretrial | ||
release bail for his appearance before the court named in the | ||
warrant. On setting the conditions of pretrial release taking
| ||
such bail the circuit judge or associate circuit judge shall | ||
certify such
fact on the warrant and deliver the warrant and |
conditions of pretrial release undertaking of bail or
other | ||
security , or the drivers license of such defendant if | ||
deposited,
under the law relating to such licenses, in lieu of | ||
such security, to the
officer having charge of the defendant. | ||
Such officer shall then immediately
discharge the defendant | ||
from arrest and without delay deliver such warrant
and such | ||
acknowledgment by the defendant of his or her receiving the | ||
conditions of pretrial release undertaking of bail, or other | ||
security or drivers license to the
court before which the | ||
defendant is required to appear.
| ||
(Source: P.A. 77-1280.)
| ||
Section 10-191. The Illinois Vehicle Code is amended by | ||
changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8, | ||
11-208.9, and 11-1201.1 as follows: | ||
(625 ILCS 5/6-209.1) | ||
Sec. 6-209.1. Restoration of driving privileges; | ||
revocation; suspension; cancellation. | ||
(a) The Secretary shall rescind the suspension or | ||
cancellation of a person's driver's license that has been | ||
suspended or canceled before July 1, 2020 ( the effective date | ||
of Public Act 101-623) this amendatory Act of the 101st General | ||
Assembly due to: | ||
(1) the person being convicted of theft of motor fuel | ||
under Section Sections 16-25 or 16K-15 of the Criminal Code |
of 1961 or the Criminal Code of 2012; | ||
(2) the person, since the issuance of the driver's | ||
license, being adjudged to be afflicted with or suffering | ||
from any mental disability or disease; | ||
(3) a violation of Section 6-16 of the Liquor Control | ||
Act of 1934 or a similar provision of a local ordinance; | ||
(4) the person being convicted of a violation of | ||
Section 6-20 of the Liquor Control Act of 1934 or a similar | ||
provision of a local ordinance, if the person presents a | ||
certified copy of a court order that includes a finding | ||
that the person was not an occupant of a motor vehicle at | ||
the time of the violation; | ||
(5) the person receiving a disposition of court | ||
supervision for a violation of subsection subsections (a), | ||
(d), or (e) of Section 6-20 of the Liquor Control Act of | ||
1934 or a similar provision of a local ordinance, if the | ||
person presents a certified copy of a court order that | ||
includes a finding that the person was not an occupant of a | ||
motor vehicle at the time of the violation; | ||
(6) the person failing to pay any fine or penalty due | ||
or owing as a result of 10 or more violations of a | ||
municipality's or county's vehicular standing, parking, or | ||
compliance regulations established by ordinance under | ||
Section 11-208.3 of this Code; | ||
(7) the person failing to satisfy any fine or penalty | ||
resulting from a final order issued by the Illinois State |
Toll Highway Authority relating directly or indirectly to 5 | ||
or more toll violations, toll evasions, or both; | ||
(8) the person being convicted of a violation of | ||
Section 4-102 of this Code, if the person presents a | ||
certified copy of a court order that includes a finding | ||
that the person did not exercise actual physical control of | ||
the vehicle at the time of the violation; or | ||
(9) the person being convicted of criminal trespass to | ||
vehicles under Section 21-2 of the Criminal Code of 2012, | ||
if the person presents a certified copy of a court order | ||
that includes a finding that the person did not exercise | ||
actual physical control of the vehicle at the time of the | ||
violation.
| ||
(b) As soon as practicable and no later than July 1, 2021, | ||
the Secretary shall rescind the suspension, cancellation, or | ||
prohibition of renewal of a person's driver's license that has | ||
been suspended, canceled, or whose renewal has been prohibited | ||
before the effective date of this amendatory Act of the 101st | ||
General Assembly due to the person having failed to pay any | ||
fine or penalty for traffic violations, automated traffic law | ||
enforcement system violations as defined in Sections 11-208.6, | ||
and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle | ||
fees. | ||
(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
| ||
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
|
Sec. 11-208.3. Administrative adjudication of violations | ||
of traffic
regulations concerning the standing, parking, or | ||
condition of
vehicles, automated traffic law violations, and | ||
automated speed enforcement system violations.
| ||
(a) Any municipality or county may provide by ordinance for | ||
a system of
administrative adjudication of vehicular standing | ||
and parking violations and
vehicle compliance violations as | ||
described in this subsection, automated traffic law violations | ||
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | ||
automated speed enforcement system violations as defined in | ||
Section 11-208.8.
The administrative system shall have as its | ||
purpose the fair and
efficient enforcement of municipal or | ||
county regulations through the
administrative adjudication of | ||
automated speed enforcement system or automated traffic law | ||
violations and violations of municipal or county ordinances
| ||
regulating the standing and parking of vehicles, the condition | ||
and use of
vehicle equipment, and the display of municipal or | ||
county wheel tax licenses within the
municipality's
or county's | ||
borders. The administrative system shall only have authority to | ||
adjudicate
civil offenses carrying fines not in excess of $500 | ||
or requiring the completion of a traffic education program, or | ||
both, that occur after the
effective date of the ordinance | ||
adopting such a system under this Section.
For purposes of this | ||
Section, "compliance violation" means a violation of a
| ||
municipal or county regulation governing the condition or use | ||
of equipment on a vehicle
or governing the display of a |
municipal or county wheel tax license.
| ||
(b) Any ordinance establishing a system of administrative | ||
adjudication
under this Section shall provide for:
| ||
(1) A traffic compliance administrator authorized to
| ||
adopt, distribute , and
process parking, compliance, and | ||
automated speed enforcement system or automated traffic | ||
law violation notices and other notices required
by this
| ||
Section, collect money paid as fines and penalties for | ||
violation of parking
and compliance
ordinances and | ||
automated speed enforcement system or automated traffic | ||
law violations, and operate an administrative adjudication | ||
system. The traffic
compliance
administrator also may make | ||
a certified report to the Secretary of State
under Section | ||
6-306.5.
| ||
(2) A parking, standing, compliance, automated speed | ||
enforcement system, or automated traffic law violation | ||
notice
that
shall specify or include the date,
time, and | ||
place of violation of a parking, standing,
compliance, | ||
automated speed enforcement system, or automated traffic | ||
law
regulation; the particular regulation
violated; any | ||
requirement to complete a traffic education program; the | ||
fine and any penalty that may be assessed for late payment | ||
or failure to complete a required traffic education | ||
program, or both,
when so provided by ordinance; the | ||
vehicle make or a photograph of the vehicle; the state | ||
registration
number of the vehicle; and the identification |
number of the
person issuing the notice.
With regard to | ||
automated speed enforcement system or automated traffic | ||
law violations, vehicle make shall be specified on the | ||
automated speed enforcement system or automated traffic | ||
law violation notice if the notice does not include a | ||
photograph of the vehicle and the make is available and | ||
readily discernible. With regard to municipalities or | ||
counties with a population of 1 million or more, it
shall | ||
be grounds for
dismissal of a parking
violation if the | ||
state registration number or vehicle make specified is
| ||
incorrect. The violation notice shall state that the | ||
completion of any required traffic education program, the | ||
payment of any indicated
fine, and the payment of any | ||
applicable penalty for late payment or failure to complete | ||
a required traffic education program, or both, shall | ||
operate as a
final disposition of the violation. The notice | ||
also shall contain
information as to the availability of a | ||
hearing in which the violation may
be contested on its | ||
merits. The violation notice shall specify the
time and | ||
manner in which a hearing may be had.
| ||
(3) Service of a parking, standing, or compliance
| ||
violation notice by: (i) affixing the
original or a | ||
facsimile of the notice to an unlawfully parked or standing | ||
vehicle; (ii)
handing the notice to the operator of a | ||
vehicle if he or she is
present; or (iii) mailing the | ||
notice to the address of the registered owner or lessee of |
the cited vehicle as recorded with the Secretary of State | ||
or the lessor of the motor vehicle within 30 days after the | ||
Secretary of State or the lessor of the motor vehicle | ||
notifies the municipality or county of the identity of the | ||
owner or lessee of the vehicle, but not later than 90 days | ||
after the date of the violation, except that in the case of | ||
a lessee of a motor vehicle, service of a parking, | ||
standing, or compliance violation notice may occur no later | ||
than 210 days after the violation; and service of an | ||
automated speed enforcement system or automated traffic | ||
law violation notice by mail to the
address
of the | ||
registered owner or lessee of the cited vehicle as recorded | ||
with the Secretary of
State or the lessor of the motor | ||
vehicle within 30 days after the Secretary of State or the | ||
lessor of the motor vehicle notifies the municipality or | ||
county of the identity of the owner or lessee of the | ||
vehicle, but not later than 90 days after the violation, | ||
except that in the case of a lessee of a motor vehicle, | ||
service of an automated traffic law violation notice may | ||
occur no later than 210 days after the violation. A person | ||
authorized by ordinance to issue and serve parking,
| ||
standing, and compliance
violation notices shall certify | ||
as to the correctness of the facts entered
on the violation | ||
notice by signing his or her name to the notice at
the time | ||
of service or , in the case of a notice produced by a | ||
computerized
device, by signing a single certificate to be |
kept by the traffic
compliance
administrator attesting to | ||
the correctness of all notices produced by the
device while | ||
it was under his or her control. In the case of an | ||
automated traffic law violation, the ordinance shall
| ||
require
a
determination by a technician employed or | ||
contracted by the municipality or county that,
based on | ||
inspection of recorded images, the motor vehicle was being | ||
operated in
violation of Section 11-208.6, 11-208.9, or | ||
11-1201.1 or a local ordinance.
If the technician | ||
determines that the
vehicle entered the intersection as | ||
part of a funeral procession or in order to
yield the | ||
right-of-way to an emergency vehicle, a citation shall not | ||
be issued. In municipalities with a population of less than | ||
1,000,000 inhabitants and counties with a population of | ||
less than 3,000,000 inhabitants, the automated traffic law | ||
ordinance shall require that all determinations by a | ||
technician that a motor vehicle was being operated in
| ||
violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | ||
local ordinance must be reviewed and approved by a law | ||
enforcement officer or retired law enforcement officer of | ||
the municipality or county issuing the violation. In | ||
municipalities with a population of 1,000,000 or more | ||
inhabitants and counties with a population of 3,000,000 or | ||
more inhabitants, the automated traffic law ordinance | ||
shall require that all determinations by a technician that | ||
a motor vehicle was being operated in
violation of Section |
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | ||
be reviewed and approved by a law enforcement officer or | ||
retired law enforcement officer of the municipality or | ||
county issuing the violation or by an additional fully | ||
trained fully-trained reviewing technician who is not | ||
employed by the contractor who employs the technician who | ||
made the initial determination. In the case of an automated | ||
speed enforcement system violation, the ordinance shall | ||
require a determination by a technician employed by the | ||
municipality, based upon an inspection of recorded images, | ||
video or other documentation, including documentation of | ||
the speed limit and automated speed enforcement signage, | ||
and documentation of the inspection, calibration, and | ||
certification of the speed equipment, that the vehicle was | ||
being operated in violation of Article VI of Chapter 11 of | ||
this Code or a similar local ordinance. If the technician | ||
determines that the vehicle speed was not determined by a | ||
calibrated, certified speed equipment device based upon | ||
the speed equipment documentation, or if the vehicle was an | ||
emergency vehicle, a citation may not be issued. The | ||
automated speed enforcement ordinance shall require that | ||
all determinations by a technician that a violation | ||
occurred be reviewed and approved by a law enforcement | ||
officer or retired law enforcement officer of the | ||
municipality issuing the violation or by an additional | ||
fully trained reviewing technician who is not employed by |
the contractor who employs the technician who made the | ||
initial determination. Routine and independent calibration | ||
of the speeds produced by automated speed enforcement | ||
systems and equipment shall be conducted annually by a | ||
qualified technician. Speeds produced by an automated | ||
speed enforcement system shall be compared with speeds | ||
produced by lidar or other independent equipment. Radar or | ||
lidar equipment shall undergo an internal validation test | ||
no less frequently than once each week. Qualified | ||
technicians shall test loop-based loop based equipment no | ||
less frequently than once a year. Radar equipment shall be | ||
checked for accuracy by a qualified technician when the | ||
unit is serviced, when unusual or suspect readings persist, | ||
or when deemed necessary by a reviewing technician. Radar | ||
equipment shall be checked with the internal frequency | ||
generator and the internal circuit test whenever the radar | ||
is turned on. Technicians must be alert for any unusual or | ||
suspect readings, and if unusual or suspect readings of a | ||
radar unit persist, that unit shall immediately be removed | ||
from service and not returned to service until it has been | ||
checked by a qualified technician and determined to be | ||
functioning properly. Documentation of the annual | ||
calibration results, including the equipment tested, test | ||
date, technician performing the test, and test results, | ||
shall be maintained and available for use in the | ||
determination of an automated speed enforcement system |
violation and issuance of a citation. The technician | ||
performing the calibration and testing of the automated | ||
speed enforcement equipment shall be trained and certified | ||
in the use of equipment for speed enforcement purposes. | ||
Training on the speed enforcement equipment may be | ||
conducted by law enforcement, civilian, or manufacturer's | ||
personnel and if applicable may be equivalent to the | ||
equipment use and operations training included in the Speed | ||
Measuring Device Operator Program developed by the | ||
National Highway Traffic Safety Administration (NHTSA). | ||
The vendor or technician who performs the work shall keep | ||
accurate records on each piece of equipment the technician | ||
calibrates and tests. As used in this paragraph, " fully | ||
trained fully-trained reviewing technician" means a person | ||
who has received at least 40 hours of supervised training | ||
in subjects which shall include image inspection and | ||
interpretation, the elements necessary to prove a | ||
violation, license plate identification, and traffic | ||
safety and management. In all municipalities and counties, | ||
the automated speed enforcement system or automated | ||
traffic law ordinance shall require that no additional fee | ||
shall be charged to the alleged violator for exercising his | ||
or her right to an administrative hearing, and persons | ||
shall be given at least 25 days following an administrative | ||
hearing to pay any civil penalty imposed by a finding that | ||
Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a |
similar local ordinance has been violated. The original or | ||
a
facsimile of the violation notice or, in the case of a | ||
notice produced by a
computerized device, a printed record | ||
generated by the device showing the facts
entered on the | ||
notice, shall be retained by the
traffic compliance
| ||
administrator, and shall be a record kept in the ordinary | ||
course of
business. A parking, standing, compliance, | ||
automated speed enforcement system, or automated traffic | ||
law violation notice issued,
signed , and served in
| ||
accordance with this Section, a copy of the notice, or the | ||
computer-generated computer
generated record shall be | ||
prima facie
correct and shall be prima facie evidence of | ||
the correctness of the facts
shown on the notice. The | ||
notice, copy, or computer-generated computer generated
| ||
record shall be admissible in any
subsequent | ||
administrative or legal proceedings.
| ||
(4) An opportunity for a hearing for the registered | ||
owner of the
vehicle cited in the parking, standing, | ||
compliance, automated speed enforcement system, or | ||
automated traffic law violation notice in
which the owner | ||
may
contest the merits of the alleged violation, and during | ||
which formal or
technical rules of evidence shall not | ||
apply; provided, however, that under
Section 11-1306 of | ||
this Code the lessee of a vehicle cited in the
violation | ||
notice likewise shall be provided an opportunity for a | ||
hearing of
the same kind afforded the registered owner. The |
hearings shall be
recorded, and the person conducting the | ||
hearing on behalf of the traffic
compliance
administrator | ||
shall be empowered to administer oaths and to secure by
| ||
subpoena both the attendance and testimony of witnesses and | ||
the production
of relevant books and papers. Persons | ||
appearing at a hearing under this
Section may be | ||
represented by counsel at their expense. The ordinance may
| ||
also provide for internal administrative review following | ||
the decision of
the hearing officer.
| ||
(5) Service of additional notices, sent by first class | ||
United States
mail, postage prepaid, to the address of the | ||
registered owner of the cited
vehicle as recorded with the | ||
Secretary of State or, if any notice to that address is | ||
returned as undeliverable, to the last known address | ||
recorded in a United States Post Office approved database,
| ||
or, under Section 11-1306
or subsection (p) of Section | ||
11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | ||
of this Code, to the lessee of the cited vehicle at the | ||
last address known
to the lessor of the cited vehicle at | ||
the time of lease or, if any notice to that address is | ||
returned as undeliverable, to the last known address | ||
recorded in a United States Post Office approved database.
| ||
The service shall
be deemed complete as of the date of | ||
deposit in the United States mail.
The notices shall be in | ||
the following sequence and shall include , but not be
| ||
limited to , the information specified herein:
|
(i) A second notice of parking, standing, or | ||
compliance violation if the first notice of the | ||
violation was issued by affixing the original or a | ||
facsimile of the notice to the unlawfully parked | ||
vehicle or by handing the notice to the operator. This | ||
notice shall specify or include the
date and location | ||
of the violation cited in the parking,
standing,
or | ||
compliance violation
notice, the particular regulation | ||
violated, the vehicle
make or a photograph of the | ||
vehicle, the state registration number of the vehicle, | ||
any requirement to complete a traffic education | ||
program, the fine and any penalty that may be
assessed | ||
for late payment or failure to complete a traffic | ||
education program, or both, when so provided by | ||
ordinance, the availability
of a hearing in which the | ||
violation may be contested on its merits, and the
time | ||
and manner in which the hearing may be had. The notice | ||
of violation
shall also state that failure to complete | ||
a required traffic education program, to pay the | ||
indicated fine and any
applicable penalty, or to appear | ||
at a hearing on the merits in the time and
manner | ||
specified, will result in a final determination of | ||
violation
liability for the cited violation in the | ||
amount of the fine or penalty
indicated, and that, upon | ||
the occurrence of a final determination of violation | ||
liability for the failure, and the exhaustion of, or
|
failure to exhaust, available administrative or | ||
judicial procedures for
review, any incomplete traffic | ||
education program or any unpaid fine or penalty, or | ||
both, will constitute a debt due and owing
the | ||
municipality or county.
| ||
(ii) A notice of final determination of parking, | ||
standing,
compliance, automated speed enforcement | ||
system, or automated traffic law violation liability.
| ||
This notice shall be sent following a final | ||
determination of parking,
standing, compliance, | ||
automated speed enforcement system, or automated | ||
traffic law
violation liability and the conclusion of | ||
judicial review procedures taken
under this Section. | ||
The notice shall state that the incomplete traffic | ||
education program or the unpaid fine or
penalty, or | ||
both, is a debt due and owing the municipality or | ||
county. The notice shall contain
warnings that failure | ||
to complete any required traffic education program or | ||
to pay any fine or penalty due and owing the
| ||
municipality or county, or both, within the time | ||
specified may result in the municipality's
or county's | ||
filing of a petition in the Circuit Court to have the | ||
incomplete traffic education program or unpaid
fine or | ||
penalty, or both, rendered a judgment as provided by | ||
this Section, or, where applicable, may
result in | ||
suspension of the person's driver's drivers license |
for failure to complete a traffic education program or | ||
to pay
fines or penalties, or both, for 5 or more | ||
automated traffic law violations under Section | ||
11-208.6 or 11-208.9 or automated speed enforcement | ||
system violations under Section 11-208.8 .
| ||
(6) A notice of impending driver's drivers license | ||
suspension. This
notice shall be sent to the person liable | ||
for failure to complete a required traffic education | ||
program or to pay any fine or penalty that
remains due and | ||
owing, or both, on 5 or more unpaid automated speed | ||
enforcement system or automated traffic law violations . | ||
The notice
shall state that failure to complete a required | ||
traffic education program or to pay the fine or penalty | ||
owing, or both, within 45 days of
the notice's date will | ||
result in the municipality or county notifying the | ||
Secretary
of State that the person is eligible for | ||
initiation of suspension
proceedings under Section 6-306.5 | ||
of this Code. The notice shall also state
that the person | ||
may obtain a photostatic copy of an original ticket | ||
imposing a
fine or penalty by sending a self-addressed self | ||
addressed , stamped envelope to the
municipality or county | ||
along with a request for the photostatic copy.
The notice | ||
of impending driver's
drivers license suspension shall be | ||
sent by first class United States mail,
postage prepaid, to | ||
the address recorded with the Secretary of State or, if any | ||
notice to that address is returned as undeliverable, to the |
last known address recorded in a United States Post Office | ||
approved database.
| ||
(7) Final determinations of violation liability. A | ||
final
determination of violation liability shall occur | ||
following failure to complete the required traffic | ||
education program or
to pay the fine or penalty, or both, | ||
after a hearing officer's determination of violation | ||
liability and the exhaustion of or failure to exhaust any
| ||
administrative review procedures provided by ordinance. | ||
Where a person
fails to appear at a hearing to contest the | ||
alleged violation in the time
and manner specified in a | ||
prior mailed notice, the hearing officer's
determination | ||
of violation liability shall become final: (A) upon
denial | ||
of a timely petition to set aside that determination, or | ||
(B) upon
expiration of the period for filing the petition | ||
without a
filing having been made.
| ||
(8) A petition to set aside a determination of parking, | ||
standing,
compliance, automated speed enforcement system, | ||
or automated traffic law violation
liability that may be | ||
filed by a person owing an unpaid fine or penalty. A | ||
petition to set aside a determination of liability may also | ||
be filed by a person required to complete a traffic | ||
education program.
The petition shall be filed with and | ||
ruled upon by the traffic compliance
administrator in the | ||
manner and within the time specified by ordinance.
The | ||
grounds for the petition may be limited to: (A) the person |
not having
been the owner or lessee of the cited vehicle on | ||
the date the
violation notice was issued, (B) the person | ||
having already completed the required traffic education | ||
program or paid the fine or
penalty, or both, for the | ||
violation in question, and (C) excusable failure to
appear | ||
at or
request a new date for a hearing.
With regard to | ||
municipalities or counties with a population of 1 million | ||
or more, it
shall be grounds for
dismissal of a
parking | ||
violation if the state registration number or vehicle make, | ||
only if specified in the violation notice, is
incorrect. | ||
After the determination of
parking, standing, compliance, | ||
automated speed enforcement system, or automated traffic | ||
law violation liability has been set aside
upon a showing | ||
of just
cause, the registered owner shall be provided with | ||
a hearing on the merits
for that violation.
| ||
(9) Procedures for non-residents. Procedures by which | ||
persons who are
not residents of the municipality or county | ||
may contest the merits of the alleged
violation without | ||
attending a hearing.
| ||
(10) A schedule of civil fines for violations of | ||
vehicular standing,
parking, compliance, automated speed | ||
enforcement system, or automated traffic law regulations | ||
enacted by ordinance pursuant to this
Section, and a
| ||
schedule of penalties for late payment of the fines or | ||
failure to complete required traffic education programs, | ||
provided, however,
that the total amount of the fine and |
penalty for any one violation shall
not exceed $250, except | ||
as provided in subsection (c) of Section 11-1301.3 of this | ||
Code.
| ||
(11) Other provisions as are necessary and proper to | ||
carry into
effect the powers granted and purposes stated in | ||
this Section.
| ||
(c) Any municipality or county establishing vehicular | ||
standing, parking,
compliance, automated speed enforcement | ||
system, or automated traffic law
regulations under this Section | ||
may also provide by ordinance for a
program of vehicle | ||
immobilization for the purpose of facilitating
enforcement of | ||
those regulations. The program of vehicle
immobilization shall | ||
provide for immobilizing any eligible vehicle upon the
public | ||
way by presence of a restraint in a manner to prevent operation | ||
of
the vehicle. Any ordinance establishing a program of vehicle
| ||
immobilization under this Section shall provide:
| ||
(1) Criteria for the designation of vehicles eligible | ||
for
immobilization. A vehicle shall be eligible for | ||
immobilization when the
registered owner of the vehicle has | ||
accumulated the number of incomplete traffic education | ||
programs or unpaid final
determinations of parking, | ||
standing, compliance, automated speed enforcement system, | ||
or automated traffic law violation liability, or both, as
| ||
determined by ordinance.
| ||
(2) A notice of impending vehicle immobilization and a | ||
right to a
hearing to challenge the validity of the notice |
by disproving liability
for the incomplete traffic | ||
education programs or unpaid final determinations of | ||
parking, standing, compliance, automated speed enforcement | ||
system, or automated traffic law
violation liability, or | ||
both, listed
on the notice.
| ||
(3) The right to a prompt hearing after a vehicle has | ||
been immobilized
or subsequently towed without the | ||
completion of the required traffic education program or | ||
payment of the outstanding fines and
penalties on parking, | ||
standing, compliance, automated speed enforcement system, | ||
or automated traffic law violations, or both, for which | ||
final
determinations have been
issued. An order issued | ||
after the hearing is a final administrative
decision within | ||
the meaning of Section 3-101 of the Code of Civil | ||
Procedure.
| ||
(4) A post immobilization and post-towing notice | ||
advising the registered
owner of the vehicle of the right | ||
to a hearing to challenge the validity
of the impoundment.
| ||
(d) Judicial review of final determinations of parking, | ||
standing,
compliance, automated speed enforcement system, or | ||
automated traffic law
violations and final administrative | ||
decisions issued after hearings
regarding vehicle | ||
immobilization and impoundment made
under this Section shall be | ||
subject to the provisions of
the Administrative Review Law.
| ||
(e) Any fine, penalty, incomplete traffic education | ||
program, or part of any fine or any penalty remaining
unpaid |
after the exhaustion of, or the failure to exhaust, | ||
administrative
remedies created under this Section and the | ||
conclusion of any judicial
review procedures shall be a debt | ||
due and owing the municipality or county and, as
such, may be | ||
collected in accordance with applicable law. Completion of any | ||
required traffic education program and payment in full
of any | ||
fine or penalty resulting from a standing, parking,
compliance, | ||
automated speed enforcement system, or automated traffic law | ||
violation shall
constitute a final disposition of that | ||
violation.
| ||
(f) After the expiration of the period within which | ||
judicial review may
be sought for a final determination of | ||
parking, standing, compliance, automated speed enforcement | ||
system, or automated traffic law
violation, the municipality
or | ||
county may commence a proceeding in the Circuit Court for | ||
purposes of obtaining a
judgment on the final determination of | ||
violation. Nothing in this
Section shall prevent a municipality | ||
or county from consolidating multiple final
determinations of | ||
parking, standing, compliance, automated speed enforcement | ||
system, or automated traffic law violations against a
person in | ||
a proceeding.
Upon commencement of the action, the municipality | ||
or county shall file a certified
copy or record of the final | ||
determination of parking, standing, compliance, automated | ||
speed enforcement system, or automated traffic law
violation, | ||
which shall be
accompanied by a certification that recites | ||
facts sufficient to show that
the final determination of |
violation was
issued in accordance with this Section and the | ||
applicable municipal
or county ordinance. Service of the | ||
summons and a copy of the petition may be by
any method | ||
provided by Section 2-203 of the Code of Civil Procedure or by
| ||
certified mail, return receipt requested, provided that the | ||
total amount of
fines and penalties for final determinations of | ||
parking, standing,
compliance, automated speed enforcement | ||
system, or automated traffic law violations does not
exceed | ||
$2500. If the court is satisfied that the final determination | ||
of
parking, standing, compliance, automated speed enforcement | ||
system, or automated traffic law violation was entered in | ||
accordance with
the requirements of
this Section and the | ||
applicable municipal or county ordinance, and that the | ||
registered
owner or the lessee, as the case may be, had an | ||
opportunity for an
administrative hearing and for judicial | ||
review as provided in this Section,
the court shall render | ||
judgment in favor of the municipality or county and against
the | ||
registered owner or the lessee for the amount indicated in the | ||
final
determination of parking, standing, compliance, | ||
automated speed enforcement system, or automated traffic law | ||
violation, plus costs.
The judgment shall have
the same effect | ||
and may be enforced in the same manner as other judgments
for | ||
the recovery of money.
| ||
(g) The fee for participating in a traffic education | ||
program under this Section shall not exceed $25. | ||
A low-income individual required to complete a traffic |
education program under this Section who provides proof of | ||
eligibility for the federal earned income tax credit under | ||
Section 32 of the Internal Revenue Code or the Illinois earned | ||
income tax credit under Section 212 of the Illinois Income Tax | ||
Act shall not be required to pay any fee for participating in a | ||
required traffic education program. | ||
(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||
revised 12-21-20.)
| ||
(625 ILCS 5/11-208.6)
| ||
Sec. 11-208.6. Automated traffic law enforcement system.
| ||
(a) As used in this Section, "automated traffic law | ||
enforcement
system" means a device with one or more motor | ||
vehicle sensors working
in conjunction with a red light signal | ||
to produce recorded images of
motor vehicles entering an | ||
intersection against a red signal
indication in violation of | ||
Section 11-306 of this Code or a similar provision
of a local | ||
ordinance.
| ||
An
automated traffic law enforcement system is a system, in | ||
a municipality or
county operated by a
governmental agency, | ||
that
produces a recorded image of a motor vehicle's
violation | ||
of a provision of this Code or a local ordinance
and is | ||
designed to obtain a clear recorded image of the
vehicle and | ||
the vehicle's license plate. The recorded image must also
| ||
display the time, date, and location of the violation.
| ||
(b) As used in this Section, "recorded images" means images
|
recorded by an automated traffic law enforcement system on:
| ||
(1) 2 or more photographs;
| ||
(2) 2 or more microphotographs;
| ||
(3) 2 or more electronic images; or
| ||
(4) a video recording showing the motor vehicle and, on | ||
at
least one image or portion of the recording, clearly | ||
identifying the
registration plate or digital registration | ||
plate number of the motor vehicle.
| ||
(b-5) A municipality or
county that
produces a recorded | ||
image of a motor vehicle's
violation of a provision of this | ||
Code or a local ordinance must make the recorded images of a | ||
violation accessible to the alleged violator by providing the | ||
alleged violator with a website address, accessible through the | ||
Internet. | ||
(c) Except as provided under Section 11-208.8 of this Code, | ||
a county or municipality, including a home rule county or | ||
municipality, may not use an automated traffic law enforcement | ||
system to provide recorded images of a motor vehicle for the | ||
purpose of recording its speed. Except as provided under | ||
Section 11-208.8 of this Code, the regulation of the use of | ||
automated traffic law enforcement systems to record vehicle | ||
speeds is an exclusive power and function of the State. This | ||
subsection (c) is a denial and limitation of home rule powers | ||
and functions under subsection (h) of Section 6 of Article VII | ||
of the Illinois Constitution.
| ||
(c-5) A county or municipality, including a home rule |
county or municipality, may not use an automated traffic law | ||
enforcement system to issue violations in instances where the | ||
motor vehicle comes to a complete stop and does not enter the | ||
intersection, as defined by Section 1-132 of this Code, during | ||
the cycle of the red signal indication unless one or more | ||
pedestrians or bicyclists are present, even if the motor | ||
vehicle stops at a point past a stop line or crosswalk where a | ||
driver is required to stop, as specified in subsection (c) of | ||
Section 11-306 of this Code or a similar provision of a local | ||
ordinance. | ||
(c-6) A county, or a municipality with less than 2,000,000 | ||
inhabitants, including a home rule county or municipality, may | ||
not use an automated traffic law enforcement system to issue | ||
violations in instances where a motorcyclist enters an | ||
intersection against a red signal
indication when the red | ||
signal fails to change to a green signal within a reasonable | ||
period of time not less than 120 seconds because of a signal | ||
malfunction or because the signal has failed to detect the | ||
arrival of the motorcycle due to the motorcycle's size or | ||
weight. | ||
(d) For each violation of a provision of this Code or a | ||
local ordinance
recorded by an automatic
traffic law | ||
enforcement system, the county or municipality having
| ||
jurisdiction shall issue a written notice of the
violation to | ||
the registered owner of the vehicle as the alleged
violator. | ||
The notice shall be delivered to the registered
owner of the |
vehicle, by mail, within 30 days after the Secretary of State | ||
notifies the municipality or county of the identity of the | ||
owner of the vehicle, but in no event later than 90 days after | ||
the violation.
| ||
The notice shall include:
| ||
(1) the name and address of the registered owner of the
| ||
vehicle;
| ||
(2) the registration number of the motor vehicle
| ||
involved in the violation;
| ||
(3) the violation charged;
| ||
(4) the location where the violation occurred;
| ||
(5) the date and time of the violation;
| ||
(6) a copy of the recorded images;
| ||
(7) the amount of the civil penalty imposed and the | ||
requirements of any traffic education program imposed and | ||
the date
by which the civil penalty should be paid and the | ||
traffic education program should be completed;
| ||
(8) a statement that recorded images are evidence of a
| ||
violation of a red light signal;
| ||
(9) a warning that failure to pay the civil penalty, to | ||
complete a required traffic education program, or to
| ||
contest liability in a timely manner is an admission of
| ||
liability and may result in a suspension of the driving
| ||
privileges of the registered owner of the vehicle ;
| ||
(10) a statement that the person may elect to proceed | ||
by:
|
(A) paying the fine, completing a required traffic | ||
education program, or both; or
| ||
(B) challenging the charge in court, by mail, or by | ||
administrative hearing; and
| ||
(11) a website address, accessible through the | ||
Internet, where the person may view the recorded images of | ||
the violation. | ||
(e) (Blank). If a person
charged with a traffic violation, | ||
as a result of an automated traffic law
enforcement system, | ||
does not pay the fine or complete a required traffic education | ||
program, or both, or successfully contest the civil
penalty | ||
resulting from that violation, the Secretary of State shall | ||
suspend the
driving privileges of the
registered owner of the | ||
vehicle under Section 6-306.5 of this Code for failing
to | ||
complete a required traffic education program or to pay any | ||
fine or penalty
due and owing, or both, as a result of a | ||
combination of 5 violations of the automated traffic law
| ||
enforcement system or the automated speed enforcement system | ||
under Section 11-208.8 of this Code.
| ||
(f) Based on inspection of recorded images produced by an
| ||
automated traffic law enforcement system, a notice alleging | ||
that the violation occurred shall be evidence of the facts | ||
contained
in the notice and admissible in any proceeding | ||
alleging a
violation under this Section.
| ||
(g) Recorded images made by an automatic traffic law
| ||
enforcement system are confidential and shall be made
available |
only to the alleged violator and governmental and
law | ||
enforcement agencies for purposes of adjudicating a
violation | ||
of this Section, for statistical purposes, or for other | ||
governmental purposes. Any recorded image evidencing a
| ||
violation of this Section, however, may be admissible in
any | ||
proceeding resulting from the issuance of the citation.
| ||
(h) The court or hearing officer may consider in defense of | ||
a violation:
| ||
(1) that the motor vehicle or registration plates or | ||
digital registration plates of the motor
vehicle were | ||
stolen before the violation occurred and not
under the | ||
control of or in the possession of the owner at
the time of | ||
the violation;
| ||
(2) that the driver of the vehicle passed through the
| ||
intersection when the light was red either (i) in order to
| ||
yield the right-of-way to an emergency vehicle or (ii) as
| ||
part of a funeral procession; and
| ||
(3) any other evidence or issues provided by municipal | ||
or county ordinance.
| ||
(i) To demonstrate that the motor vehicle or the | ||
registration
plates or digital registration plates were stolen | ||
before the violation occurred and were not under the
control or | ||
possession of the owner at the time of the violation, the
owner | ||
must submit proof that a report concerning the stolen
motor | ||
vehicle or registration plates was filed with a law enforcement | ||
agency in a timely manner.
|
(j) Unless the driver of the motor vehicle received a | ||
Uniform
Traffic Citation from a police officer at the time of | ||
the violation,
the motor vehicle owner is subject to a civil | ||
penalty not exceeding
$100 or the completion of a traffic | ||
education program, or both, plus an additional penalty of not | ||
more than $100 for failure to pay the original penalty or to | ||
complete a required traffic education program, or both, in a | ||
timely manner, if the motor vehicle is recorded by an automated | ||
traffic law
enforcement system. A violation for which a civil | ||
penalty is imposed
under this Section is not a violation of a | ||
traffic regulation governing
the movement of vehicles and may | ||
not be recorded on the driving record
of the owner of the | ||
vehicle.
| ||
(j-3) A registered owner who is a holder of a valid | ||
commercial driver's license is not required to complete a | ||
traffic education program. | ||
(j-5) For purposes of the required traffic education | ||
program only, a registered owner may submit an affidavit to the | ||
court or hearing officer swearing that at the time of the | ||
alleged violation, the vehicle was in the custody and control | ||
of another person. The affidavit must identify the person in | ||
custody and control of the vehicle, including the person's name | ||
and current address. The person in custody and control of the | ||
vehicle at the time of the violation is required to complete | ||
the required traffic education program. If the person in | ||
custody and control of the vehicle at the time of the violation |
completes the required traffic education program, the | ||
registered owner of the vehicle is not required to complete a | ||
traffic education program. | ||
(k) An intersection equipped with an automated traffic law
| ||
enforcement system must be posted with a sign visible to | ||
approaching traffic
indicating that the intersection is being | ||
monitored by an automated
traffic law enforcement system. | ||
(k-3) A municipality or
county that has one or more | ||
intersections equipped with an automated traffic law
| ||
enforcement system must provide notice to drivers by posting | ||
the locations of automated traffic law systems on the | ||
municipality or county website.
| ||
(k-5) An intersection equipped with an automated traffic | ||
law
enforcement system must have a yellow change interval that | ||
conforms with the Illinois Manual on Uniform Traffic Control | ||
Devices (IMUTCD) published by the Illinois Department of | ||
Transportation. | ||
(k-7) A municipality or county operating an automated | ||
traffic law enforcement system shall conduct a statistical | ||
analysis to assess the safety impact of each automated traffic | ||
law enforcement system at an intersection following | ||
installation of the system. The statistical analysis shall be | ||
based upon the best available crash, traffic, and other data, | ||
and shall cover a period of time before and after installation | ||
of the system sufficient to provide a statistically valid | ||
comparison of safety impact. The statistical analysis shall be |
consistent with professional judgment and acceptable industry | ||
practice. The statistical analysis also shall be consistent | ||
with the data required for valid comparisons of before and | ||
after conditions and shall be conducted within a reasonable | ||
period following the installation of the automated traffic law | ||
enforcement system. The statistical analysis required by this | ||
subsection (k-7) shall be made available to the public and | ||
shall be published on the website of the municipality or | ||
county. If the statistical analysis for the 36 month period | ||
following installation of the system indicates that there has | ||
been an increase in the rate of accidents at the approach to | ||
the intersection monitored by the system, the municipality or | ||
county shall undertake additional studies to determine the | ||
cause and severity of the accidents, and may take any action | ||
that it determines is necessary or appropriate to reduce the | ||
number or severity of the accidents at that intersection. | ||
(l) The compensation paid for an automated traffic law | ||
enforcement system
must be based on the value of the equipment | ||
or the services provided and may
not be based on the number of | ||
traffic citations issued or the revenue generated
by the | ||
system.
| ||
(m) This Section applies only to the counties of Cook, | ||
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||
to municipalities located within those counties.
| ||
(n) The fee for participating in a traffic education | ||
program under this Section shall not exceed $25. |
A low-income individual required to complete a traffic | ||
education program under this Section who provides proof of | ||
eligibility for the federal earned income tax credit under | ||
Section 32 of the Internal Revenue Code or the Illinois earned | ||
income tax credit under Section 212 of the Illinois Income Tax | ||
Act shall not be required to pay any fee for participating in a | ||
required traffic education program. | ||
(o) (Blank). A municipality or county shall make a | ||
certified report to the Secretary of State pursuant to Section | ||
6-306.5 of this Code whenever a registered owner of a vehicle | ||
has failed to pay any
fine or penalty due and owing as a result | ||
of a combination of 5 offenses for automated traffic
law or | ||
speed enforcement system violations. | ||
(p) No person who is the lessor of a motor vehicle pursuant | ||
to a written lease agreement shall be liable for an automated | ||
speed or traffic law enforcement system violation involving | ||
such motor vehicle during the period of the lease; provided | ||
that upon the request of the appropriate authority received | ||
within 120 days after the violation occurred, the lessor | ||
provides within 60 days after such receipt the name and address | ||
of the lessee. The drivers license number of a lessee may be | ||
subsequently individually requested by the appropriate | ||
authority if needed for enforcement of this Section. | ||
Upon the provision of information by the lessor pursuant to | ||
this subsection, the county or municipality may issue the | ||
violation to the lessee of the vehicle in the same manner as it |
would issue a violation to a registered owner of a vehicle | ||
pursuant to this Section, and the lessee may be held liable for | ||
the violation. | ||
(Source: P.A. 101-395, eff. 8-16-19.) | ||
(625 ILCS 5/11-208.8) | ||
Sec. 11-208.8. Automated speed enforcement systems in | ||
safety zones. | ||
(a) As used in this Section: | ||
"Automated speed enforcement
system" means a photographic | ||
device, radar device, laser device, or other electrical or | ||
mechanical device or devices installed or utilized in a safety | ||
zone and designed to record the speed of a vehicle and obtain a | ||
clear photograph or other recorded image of the vehicle and the | ||
vehicle's registration plate or digital registration plate | ||
while the driver is violating Article VI of Chapter 11 of this | ||
Code or a similar provision of a local ordinance. | ||
An automated speed enforcement system is a system, located | ||
in a safety zone which is under the jurisdiction of a | ||
municipality, that produces a recorded image of a motor | ||
vehicle's violation of a provision of this Code or a local | ||
ordinance and is designed to obtain a clear recorded image of | ||
the vehicle and the vehicle's license plate. The recorded image | ||
must also display the time, date, and location of the | ||
violation. | ||
"Owner" means the person or entity to whom the vehicle is |
registered. | ||
"Recorded image" means images
recorded by an automated | ||
speed enforcement system on: | ||
(1) 2 or more photographs; | ||
(2) 2 or more microphotographs; | ||
(3) 2 or more electronic images; or | ||
(4) a video recording showing the motor vehicle and, on | ||
at
least one image or portion of the recording, clearly | ||
identifying the
registration plate or digital registration | ||
plate number of the motor vehicle. | ||
"Safety zone" means an area that is within one-eighth of a | ||
mile from the nearest property line of any public or private | ||
elementary or secondary school, or from the nearest property | ||
line of any facility, area, or land owned by a school district | ||
that is used for educational purposes approved by the Illinois | ||
State Board of Education, not including school district | ||
headquarters or administrative buildings. A safety zone also | ||
includes an area that is within one-eighth of a mile from the | ||
nearest property line of any facility, area, or land owned by a | ||
park district used for recreational purposes. However, if any | ||
portion of a roadway is within either one-eighth mile radius, | ||
the safety zone also shall include the roadway extended to the | ||
furthest portion of the next furthest intersection. The term | ||
"safety zone" does not include any portion of the roadway known | ||
as Lake Shore Drive or any controlled access highway with 8 or | ||
more lanes of traffic. |
(a-5) The automated speed enforcement system shall be | ||
operational and violations shall be recorded only at the | ||
following times: | ||
(i) if the safety zone is based upon the property line | ||
of any facility, area, or land owned by a school district, | ||
only on school days and no earlier than 6 a.m. and no later | ||
than 8:30 p.m. if the school day is during the period of | ||
Monday through Thursday, or 9 p.m. if the school day is a | ||
Friday; and | ||
(ii) if the safety zone is based upon the property line | ||
of any facility, area, or land owned by a park district, no | ||
earlier than one hour prior to the time that the facility, | ||
area, or land is open to the public or other patrons, and | ||
no later than one hour after the facility, area, or land is | ||
closed to the public or other patrons. | ||
(b) A municipality that
produces a recorded image of a | ||
motor vehicle's
violation of a provision of this Code or a | ||
local ordinance must make the recorded images of a violation | ||
accessible to the alleged violator by providing the alleged | ||
violator with a website address, accessible through the | ||
Internet. | ||
(c) Notwithstanding any penalties for any other violations | ||
of this Code, the owner of a motor vehicle used in a traffic | ||
violation recorded by an automated speed enforcement system | ||
shall be subject to the following penalties: | ||
(1) if the recorded speed is no less than 6 miles per |
hour and no more than 10 miles per hour over the legal | ||
speed limit, a civil penalty not exceeding $50, plus an | ||
additional penalty of not more than $50 for failure to pay | ||
the original penalty in a timely manner; or | ||
(2) if the recorded speed is more than 10 miles per | ||
hour over the legal speed limit, a civil penalty not | ||
exceeding $100, plus an additional penalty of not more than | ||
$100 for failure to pay the original penalty in a timely | ||
manner. | ||
A penalty may not be imposed under this Section if the | ||
driver of the motor vehicle received a Uniform Traffic Citation | ||
from a police officer for a speeding violation occurring within | ||
one-eighth of a mile and 15 minutes of the violation that was | ||
recorded by the system. A violation for which a civil penalty | ||
is imposed
under this Section is not a violation of a traffic | ||
regulation governing
the movement of vehicles and may not be | ||
recorded on the driving record
of the owner of the vehicle. A | ||
law enforcement officer is not required to be present or to | ||
witness the violation. No penalty may be imposed under this | ||
Section if the recorded speed of a vehicle is 5 miles per hour | ||
or less over the legal speed limit. The municipality may send, | ||
in the same manner that notices are sent under this Section, a | ||
speed violation warning notice where the violation involves a | ||
speed of 5 miles per hour or less above the legal speed limit. | ||
(d) The net proceeds that a municipality receives from | ||
civil penalties imposed under an automated speed enforcement |
system, after deducting all non-personnel and personnel costs | ||
associated with the operation and maintenance of such system, | ||
shall be expended or obligated by the municipality for the | ||
following purposes: | ||
(i) public safety initiatives to ensure safe passage | ||
around schools, and to provide police protection and | ||
surveillance around schools and parks, including but not | ||
limited to:
(1) personnel costs; and
(2) non-personnel | ||
costs such as construction and maintenance of public safety | ||
infrastructure and equipment; | ||
(ii) initiatives to improve pedestrian and traffic | ||
safety; | ||
(iii) construction and maintenance of infrastructure | ||
within the municipality, including but not limited to roads | ||
and bridges; and | ||
(iv) after school programs. | ||
(e) For each violation of a provision of this Code or a | ||
local ordinance
recorded by an automated speed enforcement | ||
system, the municipality having
jurisdiction shall issue a | ||
written notice of the
violation to the registered owner of the | ||
vehicle as the alleged
violator. The notice shall be delivered | ||
to the registered
owner of the vehicle, by mail, within 30 days | ||
after the Secretary of State notifies the municipality of the | ||
identity of the owner of the vehicle, but in no event later | ||
than 90 days after the violation. | ||
(f) The notice required under subsection (e) of this |
Section shall include: | ||
(1) the name and address of the registered owner of the
| ||
vehicle; | ||
(2) the registration number of the motor vehicle
| ||
involved in the violation; | ||
(3) the violation charged; | ||
(4) the date, time, and location where the violation | ||
occurred; | ||
(5) a copy of the recorded image or images; | ||
(6) the amount of the civil penalty imposed and the | ||
date
by which the civil penalty should be paid; | ||
(7) a statement that recorded images are evidence of a
| ||
violation of a speed restriction; | ||
(8) a warning that failure to pay the civil penalty or | ||
to
contest liability in a timely manner is an admission of
| ||
liability and may result in a suspension of the driving
| ||
privileges of the registered owner of the vehicle ; | ||
(9) a statement that the person may elect to proceed | ||
by: | ||
(A) paying the fine; or | ||
(B) challenging the charge in court, by mail, or by | ||
administrative hearing; and | ||
(10) a website address, accessible through the
| ||
Internet, where the person may view the recorded images of | ||
the violation. | ||
(g) (Blank). If a person
charged with a traffic violation, |
as a result of an automated speed enforcement system, does not | ||
pay the fine or successfully contest the civil
penalty | ||
resulting from that violation, the Secretary of State shall | ||
suspend the
driving privileges of the
registered owner of the | ||
vehicle under Section 6-306.5 of this Code for failing
to pay | ||
any fine or penalty
due and owing, or both, as a result of a | ||
combination of 5 violations of the automated speed enforcement | ||
system or the automated traffic law under Section 11-208.6 of | ||
this Code. | ||
(h) Based on inspection of recorded images produced by an
| ||
automated speed enforcement system, a notice alleging that the | ||
violation occurred shall be evidence of the facts contained
in | ||
the notice and admissible in any proceeding alleging a
| ||
violation under this Section. | ||
(i) Recorded images made by an automated speed
enforcement | ||
system are confidential and shall be made
available only to the | ||
alleged violator and governmental and
law enforcement agencies | ||
for purposes of adjudicating a
violation of this Section, for | ||
statistical purposes, or for other governmental purposes. Any | ||
recorded image evidencing a
violation of this Section, however, | ||
may be admissible in
any proceeding resulting from the issuance | ||
of the citation. | ||
(j) The court or hearing officer may consider in defense of | ||
a violation: | ||
(1) that the motor vehicle or registration plates or | ||
digital registration plates of the motor
vehicle were |
stolen before the violation occurred and not
under the | ||
control or in the possession of the owner at
the time of | ||
the violation; | ||
(2) that the driver of the motor vehicle received a | ||
Uniform Traffic Citation from a police officer for a | ||
speeding violation occurring within one-eighth of a mile | ||
and 15 minutes of the violation that was recorded by the | ||
system; and | ||
(3) any other evidence or issues provided by municipal | ||
ordinance. | ||
(k) To demonstrate that the motor vehicle or the | ||
registration
plates or digital registration plates were stolen | ||
before the violation occurred and were not under the
control or | ||
possession of the owner at the time of the violation, the
owner | ||
must submit proof that a report concerning the stolen
motor | ||
vehicle or registration plates was filed with a law enforcement | ||
agency in a timely manner. | ||
(l) A roadway equipped with an automated speed enforcement | ||
system shall be posted with a sign conforming to the national | ||
Manual on Uniform Traffic Control Devices that is visible to | ||
approaching traffic stating that vehicle speeds are being | ||
photo-enforced and indicating the speed limit. The | ||
municipality shall install such additional signage as it | ||
determines is necessary to give reasonable notice to drivers as | ||
to where automated speed enforcement systems are installed. | ||
(m) A roadway where a new automated speed enforcement |
system is installed shall be posted with signs providing 30 | ||
days notice of the use of a new automated speed enforcement | ||
system prior to the issuance of any citations through the | ||
automated speed enforcement system. | ||
(n) The compensation paid for an automated speed | ||
enforcement system
must be based on the value of the equipment | ||
or the services provided and may
not be based on the number of | ||
traffic citations issued or the revenue generated
by the | ||
system. | ||
(o) (Blank). A municipality shall make a certified report | ||
to the Secretary of State pursuant to Section 6-306.5 of this | ||
Code whenever a registered owner of a vehicle has failed to pay | ||
any
fine or penalty due and owing as a result of a combination | ||
of 5 offenses for automated speed or traffic law enforcement | ||
system violations. | ||
(p) No person who is the lessor of a motor vehicle pursuant | ||
to a written lease agreement shall be liable for an automated | ||
speed or traffic law enforcement system violation involving | ||
such motor vehicle during the period of the lease; provided | ||
that upon the request of the appropriate authority received | ||
within 120 days after the violation occurred, the lessor | ||
provides within 60 days after such receipt the name and address | ||
of the lessee. The drivers license number of a lessee may be | ||
subsequently individually requested by the appropriate | ||
authority if needed for enforcement of this Section. | ||
Upon the provision of information by the lessor pursuant to |
this subsection, the municipality may issue the violation to | ||
the lessee of the vehicle in the same manner as it would issue | ||
a violation to a registered owner of a vehicle pursuant to this | ||
Section, and the lessee may be held liable for the violation. | ||
(q) A municipality using an automated speed enforcement | ||
system must provide notice to drivers by publishing the | ||
locations of all safety zones where system equipment is | ||
installed on the website of the municipality. | ||
(r) A municipality operating an automated speed | ||
enforcement system shall conduct a statistical analysis to | ||
assess the safety impact of the system. The statistical | ||
analysis shall be based upon the best available crash, traffic, | ||
and other data, and shall cover a period of time before and | ||
after installation of the system sufficient to provide a | ||
statistically valid comparison of safety impact. The | ||
statistical analysis shall be consistent with professional | ||
judgment and acceptable industry practice. The statistical | ||
analysis also shall be consistent with the data required for | ||
valid comparisons of before and after conditions and shall be | ||
conducted within a reasonable period following the | ||
installation of the automated traffic law enforcement system. | ||
The statistical analysis required by this subsection shall be | ||
made available to the public and shall be published on the | ||
website of the municipality. | ||
(s) This Section applies only to municipalities with a | ||
population of 1,000,000 or more inhabitants.
|
(Source: P.A. 101-395, eff. 8-16-19.) | ||
(625 ILCS 5/11-208.9) | ||
Sec. 11-208.9. Automated traffic law enforcement system; | ||
approaching, overtaking, and passing a school bus. | ||
(a) As used in this Section, "automated traffic law | ||
enforcement
system" means a device with one or more motor | ||
vehicle sensors working
in conjunction with the visual signals | ||
on a school bus, as specified in Sections 12-803 and 12-805 of | ||
this Code, to produce recorded images of
motor vehicles that | ||
fail to stop before meeting or overtaking, from either | ||
direction, any school bus stopped at any location for the | ||
purpose of receiving or discharging pupils in violation of | ||
Section 11-1414 of this Code or a similar provision
of a local | ||
ordinance. | ||
An
automated traffic law enforcement system is a system, in | ||
a municipality or
county operated by a
governmental agency, | ||
that
produces a recorded image of a motor vehicle's
violation | ||
of a provision of this Code or a local ordinance
and is | ||
designed to obtain a clear recorded image of the
vehicle and | ||
the vehicle's license plate. The recorded image must also
| ||
display the time, date, and location of the violation. | ||
(b) As used in this Section, "recorded images" means images
| ||
recorded by an automated traffic law enforcement system on: | ||
(1) 2 or more photographs; | ||
(2) 2 or more microphotographs; |
(3) 2 or more electronic images; or | ||
(4) a video recording showing the motor vehicle and, on | ||
at
least one image or portion of the recording, clearly | ||
identifying the
registration plate or digital registration | ||
plate number of the motor vehicle. | ||
(c) A municipality or
county that
produces a recorded image | ||
of a motor vehicle's
violation of a provision of this Code or a | ||
local ordinance must make the recorded images of a violation | ||
accessible to the alleged violator by providing the alleged | ||
violator with a website address, accessible through the | ||
Internet. | ||
(d) For each violation of a provision of this Code or a | ||
local ordinance
recorded by an automated
traffic law | ||
enforcement system, the county or municipality having
| ||
jurisdiction shall issue a written notice of the
violation to | ||
the registered owner of the vehicle as the alleged
violator. | ||
The notice shall be delivered to the registered
owner of the | ||
vehicle, by mail, within 30 days after the Secretary of State | ||
notifies the municipality or county of the identity of the | ||
owner of the vehicle, but in no event later than 90 days after | ||
the violation. | ||
(e) The notice required under subsection (d) shall include: | ||
(1) the name and address of the registered owner of the
| ||
vehicle; | ||
(2) the registration number of the motor vehicle
| ||
involved in the violation; |
(3) the violation charged; | ||
(4) the location where the violation occurred; | ||
(5) the date and time of the violation; | ||
(6) a copy of the recorded images; | ||
(7) the amount of the civil penalty imposed and the | ||
date
by which the civil penalty should be paid; | ||
(8) a statement that recorded images are evidence of a
| ||
violation of overtaking or passing a school bus stopped for | ||
the purpose of receiving or discharging pupils; | ||
(9) a warning that failure to pay the civil penalty or | ||
to
contest liability in a timely manner is an admission of
| ||
liability and may result in a suspension of the driving
| ||
privileges of the registered owner of the vehicle ; | ||
(10) a statement that the person may elect to proceed | ||
by: | ||
(A) paying the fine; or | ||
(B) challenging the charge in court, by mail, or by | ||
administrative hearing; and | ||
(11) a website address, accessible through the | ||
Internet, where the person may view the recorded images of | ||
the violation. | ||
(f) (Blank). If a person
charged with a traffic violation, | ||
as a result of an automated traffic law
enforcement system | ||
under this Section, does not pay the fine or successfully | ||
contest the civil
penalty resulting from that violation, the | ||
Secretary of State shall suspend the
driving privileges of the
|
registered owner of the vehicle under Section 6-306.5 of this | ||
Code for failing
to pay any fine or penalty
due and owing as a | ||
result of a combination of 5 violations of the automated | ||
traffic law
enforcement system or the automated speed | ||
enforcement system under Section 11-208.8 of this Code. | ||
(g) Based on inspection of recorded images produced by an
| ||
automated traffic law enforcement system, a notice alleging | ||
that the violation occurred shall be evidence of the facts | ||
contained
in the notice and admissible in any proceeding | ||
alleging a
violation under this Section. | ||
(h) Recorded images made by an automated traffic law
| ||
enforcement system are confidential and shall be made
available | ||
only to the alleged violator and governmental and
law | ||
enforcement agencies for purposes of adjudicating a
violation | ||
of this Section, for statistical purposes, or for other | ||
governmental purposes. Any recorded image evidencing a
| ||
violation of this Section, however, may be admissible in
any | ||
proceeding resulting from the issuance of the citation. | ||
(i) The court or hearing officer may consider in defense of | ||
a violation: | ||
(1) that the motor vehicle or registration plates or | ||
digital registration plates of the motor
vehicle were | ||
stolen before the violation occurred and not
under the | ||
control of or in the possession of the owner at
the time of | ||
the violation; | ||
(2) that the driver of the motor vehicle received a |
Uniform Traffic Citation from a police officer for a | ||
violation of Section 11-1414 of this Code within one-eighth | ||
of a mile and 15 minutes of the violation that was recorded | ||
by the system; | ||
(3) that the visual signals required by Sections 12-803 | ||
and 12-805 of this Code were damaged, not activated, not | ||
present in violation of Sections 12-803 and 12-805, or | ||
inoperable; and | ||
(4) any other evidence or issues provided by municipal | ||
or county ordinance. | ||
(j) To demonstrate that the motor vehicle or the | ||
registration
plates or digital registration plates were stolen | ||
before the violation occurred and were not under the
control or | ||
possession of the owner at the time of the violation, the
owner | ||
must submit proof that a report concerning the stolen
motor | ||
vehicle or registration plates was filed with a law enforcement | ||
agency in a timely manner. | ||
(k) Unless the driver of the motor vehicle received a | ||
Uniform
Traffic Citation from a police officer at the time of | ||
the violation,
the motor vehicle owner is subject to a civil | ||
penalty not exceeding
$150 for a first time violation or $500 | ||
for a second or subsequent violation, plus an additional | ||
penalty of not more than $100 for failure to pay the original | ||
penalty in a timely manner, if the motor vehicle is recorded by | ||
an automated traffic law
enforcement system. A violation for | ||
which a civil penalty is imposed
under this Section is not a |
violation of a traffic regulation governing
the movement of | ||
vehicles and may not be recorded on the driving record
of the | ||
owner of the vehicle, but may be recorded by the municipality | ||
or county for the purpose of determining if a person is subject | ||
to the higher fine for a second or subsequent offense. | ||
(l) A school bus equipped with an automated traffic law
| ||
enforcement system must be posted with a sign indicating that | ||
the school bus is being monitored by an automated
traffic law | ||
enforcement system. | ||
(m) A municipality or
county that has one or more school | ||
buses equipped with an automated traffic law
enforcement system | ||
must provide notice to drivers by posting a list of school | ||
districts using school buses equipped with an automated traffic | ||
law enforcement system on the municipality or county website. | ||
School districts that have one or more school buses equipped | ||
with an automated traffic law enforcement system must provide | ||
notice to drivers by posting that information on their | ||
websites. | ||
(n) A municipality or county operating an automated traffic | ||
law enforcement system shall conduct a statistical analysis to | ||
assess the safety impact in each school district using school | ||
buses equipped with an automated traffic law enforcement system | ||
following installation of the system. The statistical analysis | ||
shall be based upon the best available crash, traffic, and | ||
other data, and shall cover a period of time before and after | ||
installation of the system sufficient to provide a |
statistically valid comparison of safety impact. The | ||
statistical analysis shall be consistent with professional | ||
judgment and acceptable industry practice. The statistical | ||
analysis also shall be consistent with the data required for | ||
valid comparisons of before and after conditions and shall be | ||
conducted within a reasonable period following the | ||
installation of the automated traffic law enforcement system. | ||
The statistical analysis required by this subsection shall be | ||
made available to the public and shall be published on the | ||
website of the municipality or county. If the statistical | ||
analysis for the 36-month period following installation of the | ||
system indicates that there has been an increase in the rate of | ||
accidents at the approach to school buses monitored by the | ||
system, the municipality or county shall undertake additional | ||
studies to determine the cause and severity of the accidents, | ||
and may take any action that it determines is necessary or | ||
appropriate to reduce the number or severity of the accidents | ||
involving school buses equipped with an automated traffic law | ||
enforcement system. | ||
(o) The compensation paid for an automated traffic law | ||
enforcement system
must be based on the value of the equipment | ||
or the services provided and may
not be based on the number of | ||
traffic citations issued or the revenue generated
by the | ||
system. | ||
(p) No person who is the lessor of a motor vehicle pursuant | ||
to a written lease agreement shall be liable for an automated |
speed or traffic law enforcement system violation involving | ||
such motor vehicle during the period of the lease; provided | ||
that upon the request of the appropriate authority received | ||
within 120 days after the violation occurred, the lessor | ||
provides within 60 days after such receipt the name and address | ||
of the lessee. The drivers license number of a lessee may be | ||
subsequently individually requested by the appropriate | ||
authority if needed for enforcement of this Section. | ||
Upon the provision of information by the lessor pursuant to | ||
this subsection, the county or municipality may issue the | ||
violation to the lessee of the vehicle in the same manner as it | ||
would issue a violation to a registered owner of a vehicle | ||
pursuant to this Section, and the lessee may be held liable for | ||
the violation. | ||
(q) (Blank). A municipality or county shall make a | ||
certified report to the Secretary of State pursuant to Section | ||
6-306.5 of this Code whenever a registered owner of a vehicle | ||
has failed to pay any
fine or penalty due and owing as a result | ||
of a combination of 5 offenses for automated traffic
law or | ||
speed enforcement system violations. | ||
(r) After a municipality or county enacts an ordinance | ||
providing for automated traffic law enforcement systems under | ||
this Section, each school district within that municipality or | ||
county's jurisdiction may implement an automated traffic law | ||
enforcement system under this Section. The elected school board | ||
for that district must approve the implementation of an |
automated traffic law enforcement system. The school district | ||
shall be responsible for entering into a contract, approved by | ||
the elected school board of that district, with vendors for the | ||
installation, maintenance, and operation of the automated | ||
traffic law enforcement system. The school district must enter | ||
into an intergovernmental agreement, approved by the elected | ||
school board of that district, with the municipality or county | ||
with jurisdiction over that school district for the | ||
administration of the automated traffic law enforcement | ||
system. The proceeds from a school district's automated traffic | ||
law enforcement system's fines shall be divided equally between | ||
the school district and the municipality or county | ||
administering the automated traffic law enforcement system.
| ||
(Source: P.A. 101-395, eff. 8-16-19.)
| ||
(625 ILCS 5/11-1201.1)
| ||
Sec. 11-1201.1. Automated Railroad Crossing Enforcement | ||
System.
| ||
(a) For the purposes of this Section, an automated railroad | ||
grade crossing
enforcement system is a system in a municipality | ||
or county operated by a governmental agency that produces a | ||
recorded image of a motor vehicle's violation of a provision of | ||
this Code or local ordinance and is designed to obtain a clear | ||
recorded image of the vehicle and vehicle's license plate. The | ||
recorded image must also display the time, date, and location | ||
of the violation. |
As used in this Section, "recorded images" means images | ||
recorded by an automated railroad grade crossing enforcement | ||
system on: | ||
(1) 2 or more photographs; | ||
(2) 2 or more microphotographs; | ||
(3) 2 or more electronic images; or | ||
(4) a video recording showing the motor vehicle and, on | ||
at least one image or portion of the recording, clearly | ||
identifying the registration plate or digital registration | ||
plate number of the motor vehicle.
| ||
(b) The Illinois
Commerce Commission may, in cooperation | ||
with a
local law enforcement agency, establish in any county or | ||
municipality an automated
railroad grade crossing enforcement | ||
system at any railroad grade crossing equipped with a crossing | ||
gate designated by local authorities. Local authorities | ||
desiring the establishment of an automated railroad crossing | ||
enforcement system must initiate the process by enacting a | ||
local ordinance requesting the creation of such a system. After | ||
the ordinance has been enacted, and before any additional steps | ||
toward the establishment of the system are undertaken, the | ||
local authorities and the Commission must agree to a plan for | ||
obtaining, from any combination of federal, State, and local | ||
funding sources, the moneys required for the purchase and | ||
installation of any necessary equipment.
| ||
(b-1) (Blank.)
| ||
(c) For each violation of Section 11-1201 of this Code or a |
local ordinance recorded by an automated railroad grade | ||
crossing enforcement system, the county or municipality having | ||
jurisdiction shall issue a written notice of the violation to | ||
the registered owner of the vehicle as the alleged violator. | ||
The notice shall be delivered to the registered owner of the | ||
vehicle, by mail, no later than 90 days after the violation. | ||
The notice shall include: | ||
(1) the name and address of the registered owner of the | ||
vehicle; | ||
(2) the registration number of the motor vehicle | ||
involved in the violation; | ||
(3) the violation charged; | ||
(4) the location where the violation occurred; | ||
(5) the date and time of the violation; | ||
(6) a copy of the recorded images; | ||
(7) the amount of the civil penalty imposed and the | ||
date by which the civil penalty should be paid; | ||
(8) a statement that recorded images are evidence of a | ||
violation of a railroad grade crossing; | ||
(9) a warning that failure to pay the civil penalty or | ||
to contest liability in a timely manner is an admission of | ||
liability and may result in a suspension of the driving | ||
privileges of the registered owner of the vehicle ; and | ||
(10) a statement that the person may elect to proceed | ||
by: | ||
(A) paying the fine; or |
(B) challenging the charge in court, by mail, or by | ||
administrative hearing.
| ||
(d) (Blank). If a person charged with a traffic violation, | ||
as a result of an automated railroad grade crossing enforcement | ||
system, does not pay or successfully contest the civil penalty | ||
resulting from that violation, the Secretary of State shall | ||
suspend the driving privileges of the registered owner of the | ||
vehicle under Section 6-306.5 of this Code for failing to pay | ||
any fine or penalty due and owing as a result of 5 violations | ||
of the automated railroad grade crossing enforcement system.
| ||
(d-1) (Blank.)
| ||
(d-2) (Blank.)
| ||
(e) Based on inspection of recorded images produced by an | ||
automated railroad grade crossing enforcement system, a notice | ||
alleging that the violation occurred shall be evidence of the | ||
facts contained in the notice and admissible in any proceeding | ||
alleging a violation under this Section.
| ||
(e-1) Recorded images made by an automated railroad grade | ||
crossing enforcement system are confidential and shall be made | ||
available only to the alleged violator and governmental and law | ||
enforcement agencies for purposes of adjudicating a violation | ||
of this Section, for statistical purposes, or for other | ||
governmental purposes. Any recorded image evidencing a | ||
violation of this Section, however, may be admissible in any | ||
proceeding resulting from the issuance of the citation.
| ||
(e-2) The court or hearing officer may consider the |
following in the defense of a violation:
| ||
(1) that the motor vehicle or registration plates or | ||
digital registration plates of the motor vehicle were | ||
stolen before the violation occurred and not under the | ||
control of or in the possession of the owner at the time of | ||
the violation;
| ||
(2) that the driver of the motor vehicle received a | ||
Uniform Traffic Citation from a police officer at the time | ||
of the violation for the same offense; | ||
(3) any other evidence or issues provided by municipal | ||
or county ordinance. | ||
(e-3) To demonstrate that the motor vehicle or the | ||
registration plates or digital registration plates were stolen | ||
before the violation occurred and were not under the control or | ||
possession of the owner at the time of the violation, the owner | ||
must submit proof that a report concerning the stolen motor | ||
vehicle or registration plates was filed with a law enforcement | ||
agency in a timely manner.
| ||
(f) Rail crossings equipped with an automatic railroad | ||
grade crossing
enforcement system shall be posted with a sign | ||
visible to approaching traffic
stating that the railroad grade | ||
crossing is being monitored, that citations
will be issued, and | ||
the amount of the fine for violation.
| ||
(g) The compensation paid for an automated railroad grade | ||
crossing enforcement system must be based on the value of the | ||
equipment or the services provided and may not be based on the |
number of citations issued or the revenue generated by the | ||
system.
| ||
(h) (Blank.)
| ||
(i) If any part or parts of this Section are held by a | ||
court of competent
jurisdiction to be unconstitutional, the | ||
unconstitutionality shall not affect
the validity of the | ||
remaining parts of this Section. The General Assembly
hereby | ||
declares that it would have passed the remaining parts of this | ||
Section
if it had known that the other part or parts of this | ||
Section would be declared
unconstitutional.
| ||
(j) Penalty. A civil fine of
$250 shall be imposed for a | ||
first violation of this Section, and a civil fine of $500 shall | ||
be
imposed for a second or subsequent violation of this | ||
Section.
| ||
(Source: P.A. 101-395, eff. 8-16-19.)
| ||
(625 ILCS 5/4-214.1 rep.) | ||
(625 ILCS 5/6-306.5 rep.) | ||
(625 ILCS 5/6-306.6 rep.) | ||
Section 10-193. The Illinois Vehicle Code is amended by | ||
repealing Sections 4-214.1, 6-306.5, and 6-306.6. | ||
Section 10-195. The Snowmobile Registration and Safety Act | ||
is amended by changing Section 5-7 as follows:
| ||
(625 ILCS 40/5-7)
|
Sec. 5-7. Operating a snowmobile while under the influence | ||
of alcohol or
other drug or drugs, intoxicating compound or | ||
compounds, or a combination of
them; criminal penalties; | ||
suspension of operating privileges. | ||
(a) A person may not operate or be in actual physical | ||
control of a
snowmobile within this State
while:
| ||
1. The alcohol concentration in that person's blood, | ||
other bodily substance, or breath is a
concentration at | ||
which driving a motor vehicle is prohibited under
| ||
subdivision (1) of subsection (a) of
Section 11-501 of the | ||
Illinois Vehicle Code;
| ||
2. The person is under the influence of alcohol;
| ||
3. The person is under the influence of any other drug | ||
or combination of
drugs to a degree that renders that | ||
person incapable of safely operating a
snowmobile;
| ||
3.1. The person is under the influence of any | ||
intoxicating compound or
combination of intoxicating | ||
compounds to a degree that renders the person
incapable of | ||
safely operating a snowmobile;
| ||
4. The person is under the combined influence of | ||
alcohol and any other
drug or drugs or intoxicating | ||
compound or compounds to a degree that
renders that person | ||
incapable of safely
operating a snowmobile;
| ||
4.3. The person who is not a CDL holder has a | ||
tetrahydrocannabinol concentration in the person's whole | ||
blood or other bodily substance at which driving a motor |
vehicle is prohibited under
subdivision (7) of subsection | ||
(a) of
Section 11-501 of the Illinois Vehicle Code; | ||
4.5. The person who is a CDL holder has any amount of a | ||
drug, substance, or
compound in the person's breath, blood, | ||
other bodily substance, or urine resulting from the | ||
unlawful use or consumption of cannabis listed in the | ||
Cannabis Control Act; or | ||
5. There is any amount of a drug, substance, or | ||
compound in that person's
breath, blood, other bodily | ||
substance, or urine resulting from the unlawful use or | ||
consumption
of a controlled substance listed in the
| ||
Illinois Controlled Substances Act, methamphetamine as | ||
listed in the Methamphetamine Control and Community | ||
Protection Act, or intoxicating compound listed in the
use
| ||
of Intoxicating Compounds Act.
| ||
(b) The fact that a person charged with violating this | ||
Section is or has
been legally entitled to use alcohol, other | ||
drug or drugs, any
intoxicating
compound or compounds, or any | ||
combination of them does not constitute a
defense against a | ||
charge of violating this Section.
| ||
(c) Every person convicted of violating this Section or a | ||
similar
provision of a local ordinance is guilty of a
Class A | ||
misdemeanor, except as otherwise provided in this Section.
| ||
(c-1) As used in this Section, "first time offender" means | ||
any person who has not had a previous conviction or been | ||
assigned supervision for violating this Section or a similar |
provision of a local ordinance, or any person who has not had a | ||
suspension imposed under subsection (e) of Section 5-7.1. | ||
(c-2) For purposes of this Section, the following are | ||
equivalent to a conviction: | ||
(1) a violation of the terms of pretrial release when | ||
the court has not relieved the defendant of complying with | ||
the terms of pretrial release forfeiture of bail or | ||
collateral deposited to secure a defendant's appearance in | ||
court when forfeiture has not been vacated ; or | ||
(2) the failure of a defendant to appear for trial.
| ||
(d) Every person convicted of violating this Section is | ||
guilty of a
Class 4 felony if:
| ||
1. The person has a previous conviction under this | ||
Section;
| ||
2. The offense results in personal injury where a | ||
person other than the
operator suffers great bodily harm or | ||
permanent disability or disfigurement,
when the violation | ||
was a proximate cause of the injuries.
A person guilty of a | ||
Class 4 felony under this paragraph 2, if sentenced to a
| ||
term of imprisonment, shall be sentenced to not less than | ||
one year nor more
than
12 years; or
| ||
3. The offense occurred during a period in which the | ||
person's privileges
to
operate a snowmobile are revoked or | ||
suspended, and the revocation or
suspension was for a | ||
violation of this Section or was imposed under Section
| ||
5-7.1.
|
(e) Every person convicted of violating this Section is | ||
guilty
of a
Class 2 felony if the offense results in the death | ||
of a person.
A person guilty of a Class 2 felony under this | ||
subsection (e), if sentenced
to
a term of imprisonment, shall | ||
be sentenced to a term of not less than 3 years
and not more | ||
than 14 years.
| ||
(e-1) Every person convicted of violating this Section or a | ||
similar
provision of a local ordinance who had a child under | ||
the age of 16 on board the
snowmobile at the time of offense | ||
shall be subject to a mandatory minimum fine
of $500 and shall | ||
be subject to a mandatory minimum of 5 days of community
| ||
service in a program benefiting children. The assignment under | ||
this subsection
shall not be subject to suspension nor shall | ||
the person be eligible for
probation in order to reduce the | ||
assignment.
| ||
(e-2) Every person found guilty of violating this Section, | ||
whose operation
of
a snowmobile while in violation of this | ||
Section proximately caused any incident
resulting in an | ||
appropriate emergency response, shall be liable for the expense
| ||
of an emergency response as provided in subsection (i) of | ||
Section 11-501.01 of the Illinois Vehicle Code.
| ||
(e-3) In addition to any other penalties and liabilities, a | ||
person who is
found guilty of violating this Section, including | ||
any person placed on court
supervision, shall be fined $100, | ||
payable to the circuit clerk, who shall
distribute the money to | ||
the law enforcement agency that made the arrest. In the
event |
that more than one agency is responsible for the arrest, the | ||
$100
shall be shared equally. Any moneys received by a law | ||
enforcement agency under
this subsection (e-3) shall be used to | ||
purchase law enforcement equipment or to
provide law | ||
enforcement training that will assist in the prevention of | ||
alcohol
related criminal violence throughout the State. Law | ||
enforcement equipment shall
include, but is not limited to, | ||
in-car video cameras, radar and laser speed
detection devices, | ||
and alcohol breath testers.
| ||
(f) In addition to any criminal penalties imposed, the
| ||
Department of Natural Resources shall suspend the
snowmobile | ||
operation privileges of
a person convicted or found guilty of a | ||
misdemeanor under this
Section for a period of one
year, except | ||
that first-time offenders are exempt from
this mandatory one | ||
year suspension.
| ||
(g) In addition to any criminal penalties imposed, the | ||
Department of Natural
Resources shall suspend for a period of 5 | ||
years the snowmobile operation
privileges of any person | ||
convicted or found guilty of a felony under this
Section.
| ||
(Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
| ||
Section 10-200. The Clerks of Courts Act is amended by | ||
changing Section 27.3b as follows:
| ||
(705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| ||
Sec. 27.3b. The clerk of court may accept payment of fines, |
penalties,
or costs
by credit card
or debit card
approved by | ||
the clerk from an offender who has been
convicted of or placed | ||
on court supervision for a traffic
offense, petty offense, | ||
ordinance offense, or misdemeanor or who has been
convicted of | ||
a felony offense. The clerk of the circuit court may accept
| ||
credit card payments over the Internet for fines, penalties, or | ||
costs from
offenders on voluntary electronic pleas of guilty in | ||
minor traffic and
conservation offenses to satisfy the | ||
requirement of written pleas of guilty as
provided in Illinois | ||
Supreme Court Rule 529. The clerk of the court may also
accept
| ||
payment of statutory fees by a credit card or debit card.
The | ||
clerk of the court may
also accept the credit card
or debit | ||
card
for the cash deposit of bail bond fees.
| ||
The Clerk of the circuit court is authorized to enter into | ||
contracts
with credit card
or debit card
companies approved by | ||
the clerk and to negotiate the payment of convenience
and | ||
administrative fees normally charged by those companies for | ||
allowing the clerk of the circuit
court to accept their credit | ||
cards
or debit cards
in payment as authorized herein. The clerk | ||
of the circuit court is authorized
to enter into contracts with | ||
third party fund guarantors, facilitators, and
service | ||
providers under which those entities may contract directly with
| ||
customers of
the clerk of the circuit court and guarantee and | ||
remit the payments to the
clerk of the circuit court. Where the
| ||
offender pays fines, penalties, or costs by credit card or | ||
debit card or through a third party fund guarantor, |
facilitator, or service
provider,
or anyone paying
statutory | ||
fees of
the circuit court clerk or the posting of cash bail , | ||
the clerk shall
collect a service fee of up to $5 or the amount | ||
charged to the clerk for use of
its services by
the credit card | ||
or debit card issuer, third party fund guarantor,
facilitator, | ||
or service provider. This service fee shall be
in addition to | ||
any other fines, penalties, or
costs. The clerk of the circuit | ||
court is authorized to negotiate the
assessment of convenience | ||
and administrative fees by the third party fund
guarantors, | ||
facilitators, and service providers with the revenue earned by | ||
the
clerk of the circuit court to be remitted
to the
county | ||
general revenue fund.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
Section 10-205. The Attorney Act is amended by changing | ||
Section 9 as follows:
| ||
(705 ILCS 205/9) (from Ch. 13, par. 9)
| ||
Sec. 9.
All attorneys and counselors at law, judges, clerks | ||
and sheriffs,
and all other officers of the several courts | ||
within this state, shall be
liable to be arrested and held to | ||
terms of pretrial release bail , and shall be subject to the | ||
same
legal process, and may in all respects be prosecuted and | ||
proceeded against
in the same courts and in the same manner as | ||
other persons are, any law,
usage or custom to the contrary | ||
notwithstanding: Provided, nevertheless,
said judges, |
counselors or attorneys, clerks, sheriffs and other officers
of | ||
said courts, shall be privileged from arrest while attending | ||
courts, and
whilst going to and returning from court.
| ||
(Source: R.S. 1874, p. 169 .)
| ||
Section 10-210. The Juvenile Court Act of 1987 is amended | ||
by changing Sections 1-7, 1-8, and 5-150 as follows:
| ||
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||
Sec. 1-7. Confidentiality of juvenile law enforcement and | ||
municipal ordinance violation records.
| ||
(A) All juvenile law enforcement records which have not | ||
been expunged are confidential and may never be disclosed to | ||
the general public or otherwise made widely available. Juvenile | ||
law enforcement records may be obtained only under this Section | ||
and Section 1-8 and Part 9 of Article V of this Act, when their | ||
use is needed for good cause and with an order from the | ||
juvenile court, as required by those not authorized to retain | ||
them. Inspection, copying, and disclosure of juvenile law | ||
enforcement records maintained by law
enforcement agencies or | ||
records of municipal ordinance violations maintained by any | ||
State, local, or municipal agency that relate to a minor who | ||
has been investigated, arrested, or taken
into custody before | ||
his or her 18th birthday shall be restricted to the
following:
| ||
(0.05) The minor who is the subject of the juvenile law | ||
enforcement record, his or her parents, guardian, and |
counsel. | ||
(0.10) Judges of the circuit court and members of the | ||
staff of the court designated by the judge. | ||
(0.15) An administrative adjudication hearing officer | ||
or members of the staff designated to assist in the | ||
administrative adjudication process. | ||
(1) Any local, State, or federal law enforcement | ||
officers or designated law enforcement staff of any
| ||
jurisdiction or agency when necessary for the discharge of | ||
their official
duties during the investigation or | ||
prosecution of a crime or relating to a
minor who has been | ||
adjudicated delinquent and there has been a previous | ||
finding
that the act which constitutes the previous offense | ||
was committed in
furtherance of criminal activities by a | ||
criminal street gang, or, when necessary for the discharge | ||
of its official duties in connection with a particular | ||
investigation of the conduct of a law enforcement officer, | ||
an independent agency or its staff created by ordinance and | ||
charged by a unit of local government with the duty of | ||
investigating the conduct of law enforcement officers. For | ||
purposes of
this Section, "criminal street gang" has the | ||
meaning ascribed to it in
Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus Prevention Act.
| ||
(2) Prosecutors, public defenders, probation officers, | ||
social workers, or other
individuals assigned by the court | ||
to conduct a pre-adjudication or
pre-disposition |
investigation, and individuals responsible for supervising
| ||
or providing temporary or permanent care and custody for | ||
minors under
the order of the juvenile court, when | ||
essential to performing their
responsibilities.
| ||
(3) Federal, State, or local prosecutors, public | ||
defenders, probation officers, and designated staff:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805;
| ||
(b) when institution of criminal proceedings has | ||
been permitted or required under Section 5-805 and the | ||
minor is the
subject
of a proceeding to determine the | ||
conditions of pretrial release amount of bail ;
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and the minor is the | ||
subject of a
pre-trial
investigation, pre-sentence | ||
investigation, fitness hearing, or proceedings
on an | ||
application for probation; or
| ||
(d) in the course of prosecution or administrative | ||
adjudication of a violation of a traffic, boating, or | ||
fish and game law, or a county or municipal ordinance. | ||
(4) Adult and Juvenile Prisoner Review Board.
| ||
(5) Authorized military personnel.
| ||
(5.5) Employees of the federal government authorized | ||
by law. | ||
(6) Persons engaged in bona fide research, with the |
permission of the
Presiding Judge and the chief executive | ||
of the respective
law enforcement agency; provided that | ||
publication of such research results
in no disclosure of a | ||
minor's identity and protects the confidentiality
of the | ||
minor's record.
| ||
(7) Department of Children and Family Services child | ||
protection
investigators acting in their official | ||
capacity.
| ||
(8) The appropriate school official only if the agency | ||
or officer believes that there is an imminent threat of | ||
physical harm to students, school personnel, or others who | ||
are present in the school or on school grounds. | ||
(A) Inspection and copying
shall be limited to | ||
juvenile law enforcement records transmitted to the | ||
appropriate
school official or officials whom the | ||
school has determined to have a legitimate educational | ||
or safety interest by a local law enforcement agency | ||
under a reciprocal reporting
system established and | ||
maintained between the school district and the local | ||
law
enforcement agency under Section 10-20.14 of the | ||
School Code concerning a minor
enrolled in a school | ||
within the school district who has been arrested or | ||
taken
into custody for any of the following offenses:
| ||
(i) any violation of Article 24 of the Criminal | ||
Code of
1961 or the Criminal Code of 2012;
| ||
(ii) a violation of the Illinois Controlled |
Substances Act;
| ||
(iii) a violation of the Cannabis Control Act;
| ||
(iv) a forcible felony as defined in Section | ||
2-8 of the Criminal Code
of 1961 or the Criminal | ||
Code of 2012; | ||
(v) a violation of the Methamphetamine Control | ||
and Community Protection Act;
| ||
(vi) a violation of Section 1-2 of the | ||
Harassing and Obscene Communications Act; | ||
(vii) a violation of the Hazing Act; or | ||
(viii) a violation of Section 12-1, 12-2, | ||
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012. | ||
The information derived from the juvenile law | ||
enforcement records shall be kept separate from and | ||
shall not become a part of the official school record | ||
of that child and shall not be a public record. The | ||
information shall be used solely by the appropriate | ||
school official or officials whom the school has | ||
determined to have a legitimate educational or safety | ||
interest to aid in the proper rehabilitation of the | ||
child and to protect the safety of students and | ||
employees in the school. If the designated law | ||
enforcement and school officials deem it to be in the | ||
best interest of the minor, the student may be referred |
to in-school or community-based social services if | ||
those services are available. "Rehabilitation | ||
services" may include interventions by school support | ||
personnel, evaluation for eligibility for special | ||
education, referrals to community-based agencies such | ||
as youth services, behavioral healthcare service | ||
providers, drug and alcohol prevention or treatment | ||
programs, and other interventions as deemed | ||
appropriate for the student. | ||
(B) Any information provided to appropriate school | ||
officials whom the school has determined to have a | ||
legitimate educational or safety interest by local law | ||
enforcement officials about a minor who is the subject | ||
of a current police investigation that is directly | ||
related to school safety shall consist of oral | ||
information only, and not written juvenile law | ||
enforcement records, and shall be used solely by the | ||
appropriate school official or officials to protect | ||
the safety of students and employees in the school and | ||
aid in the proper rehabilitation of the child. The | ||
information derived orally from the local law | ||
enforcement officials shall be kept separate from and | ||
shall not become a part of the official school record | ||
of the child and shall not be a public record. This | ||
limitation on the use of information about a minor who | ||
is the subject of a current police investigation shall |
in no way limit the use of this information by | ||
prosecutors in pursuing criminal charges arising out | ||
of the information disclosed during a police | ||
investigation of the minor. For purposes of this | ||
paragraph, "investigation" means an official | ||
systematic inquiry by a law enforcement agency into | ||
actual or suspected criminal activity. | ||
(9) Mental health professionals on behalf of the | ||
Department of
Corrections or the Department of Human | ||
Services or prosecutors who are
evaluating, prosecuting, | ||
or investigating a potential or actual petition
brought
| ||
under the Sexually Violent Persons Commitment Act relating | ||
to a person who is
the
subject of juvenile law enforcement | ||
records or the respondent to a petition
brought under the | ||
Sexually Violent Persons Commitment Act who is the subject | ||
of
the
juvenile law enforcement records sought.
Any | ||
juvenile law enforcement records and any information | ||
obtained from those juvenile law enforcement records under | ||
this
paragraph (9) may be used only in sexually violent | ||
persons commitment
proceedings.
| ||
(10) The president of a park district. Inspection and | ||
copying shall be limited to juvenile law enforcement | ||
records transmitted to the president of the park district | ||
by the Department of State Police under Section 8-23 of the | ||
Park District Code or Section 16a-5 of the Chicago Park | ||
District Act concerning a person who is seeking employment |
with that park district and who has been adjudicated a | ||
juvenile delinquent for any of the offenses listed in | ||
subsection (c) of Section 8-23 of the Park District Code or | ||
subsection (c) of Section 16a-5 of the Chicago Park | ||
District Act. | ||
(11) Persons managing and designated to participate in | ||
a court diversion program as designated in subsection (6) | ||
of Section 5-105. | ||
(12) The Public Access Counselor of the Office of the | ||
Attorney General, when reviewing juvenile law enforcement | ||
records under its powers and duties under the Freedom of | ||
Information Act. | ||
(13) Collection agencies, contracted or otherwise | ||
engaged by a governmental entity, to collect any debts due | ||
and owing to the governmental entity. | ||
(B)(1) Except as provided in paragraph (2), no law | ||
enforcement
officer or other person or agency may knowingly | ||
transmit to the Department of
Corrections, Department of State | ||
Police, or to the Federal
Bureau of Investigation any | ||
fingerprint or photograph relating to a minor who
has been | ||
arrested or taken into custody before his or her 18th birthday,
| ||
unless the court in proceedings under this Act authorizes the | ||
transmission or
enters an order under Section 5-805 permitting | ||
or requiring the
institution of
criminal proceedings.
| ||
(2) Law enforcement officers or other persons or agencies | ||
shall transmit
to the Department of State Police copies of |
fingerprints and descriptions
of all minors who have been | ||
arrested or taken into custody before their
18th birthday for | ||
the offense of unlawful use of weapons under Article 24 of
the | ||
Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||
or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||
Class 2 or greater
felony under the Cannabis Control Act, the | ||
Illinois Controlled Substances Act, the Methamphetamine | ||
Control and Community Protection Act,
or Chapter 4 of the | ||
Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||
Identification Act. Information reported to the Department | ||
pursuant
to this Section may be maintained with records that | ||
the Department files
pursuant to Section 2.1 of the Criminal | ||
Identification Act. Nothing in this
Act prohibits a law | ||
enforcement agency from fingerprinting a minor taken into
| ||
custody or arrested before his or her 18th birthday for an | ||
offense other than
those listed in this paragraph (2).
| ||
(C) The records of law enforcement officers, or of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, concerning all minors under
18 | ||
years of age must be maintained separate from the records of | ||
arrests and
may not be open to public inspection or their | ||
contents disclosed to the
public. For purposes of obtaining | ||
documents under this Section, a civil subpoena is not an order | ||
of the court. |
(1) In cases where the law enforcement, or independent | ||
agency, records concern a pending juvenile court case, the | ||
party seeking to inspect the records shall provide actual | ||
notice to the attorney or guardian ad litem of the minor | ||
whose records are sought. | ||
(2) In cases where the records concern a juvenile court | ||
case that is no longer pending, the party seeking to | ||
inspect the records shall provide actual notice to the | ||
minor or the minor's parent or legal guardian, and the | ||
matter shall be referred to the chief judge presiding over | ||
matters pursuant to this Act. | ||
(3) In determining whether the records should be | ||
available for inspection, the court shall consider the | ||
minor's interest in confidentiality and rehabilitation | ||
over the moving party's interest in obtaining the | ||
information. Any records obtained in violation of this | ||
subsection (C) shall not be admissible in any criminal or | ||
civil proceeding, or operate to disqualify a minor from | ||
subsequently holding public office or securing employment, | ||
or operate as a forfeiture of any public benefit, right, | ||
privilege, or right to receive any license granted by | ||
public authority.
| ||
(D) Nothing contained in subsection (C) of this Section | ||
shall prohibit
the inspection or disclosure to victims and | ||
witnesses of photographs
contained in the records of law | ||
enforcement agencies when the
inspection and disclosure is |
conducted in the presence of a law enforcement
officer for the | ||
purpose of the identification or apprehension of any person
| ||
subject to the provisions of this Act or for the investigation | ||
or
prosecution of any crime.
| ||
(E) Law enforcement officers, and personnel of an | ||
independent agency created by ordinance and charged by a unit | ||
of local government with the duty of investigating the conduct | ||
of law enforcement officers, may not disclose the identity of | ||
any minor
in releasing information to the general public as to | ||
the arrest, investigation
or disposition of any case involving | ||
a minor.
| ||
(F) Nothing contained in this Section shall prohibit law | ||
enforcement
agencies from communicating with each other by | ||
letter, memorandum, teletype, or
intelligence alert bulletin | ||
or other means the identity or other relevant
information | ||
pertaining to a person under 18 years of age if there are
| ||
reasonable grounds to believe that the person poses a real and | ||
present danger
to the safety of the public or law enforcement | ||
officers. The information
provided under this subsection (F) | ||
shall remain confidential and shall not
be publicly disclosed, | ||
except as otherwise allowed by law.
| ||
(G) Nothing in this Section shall prohibit the right of a | ||
Civil Service
Commission or appointing authority of any federal | ||
government, state, county or municipality
examining the | ||
character and fitness of an applicant for employment with a law
| ||
enforcement agency, correctional institution, or fire |
department
from obtaining and examining the
records of any law | ||
enforcement agency relating to any record of the applicant
| ||
having been arrested or taken into custody before the | ||
applicant's 18th
birthday.
| ||
(G-5) Information identifying victims and alleged victims | ||
of sex offenses shall not be disclosed or open to the public | ||
under any circumstances. Nothing in this Section shall prohibit | ||
the victim or alleged victim of any sex offense from | ||
voluntarily disclosing his or her own identity. | ||
(H) The changes made to this Section by Public Act 98-61 | ||
apply to law enforcement records of a minor who has been | ||
arrested or taken into custody on or after January 1, 2014 (the | ||
effective date of Public Act 98-61). | ||
(H-5) Nothing in this Section shall require any court or | ||
adjudicative proceeding for traffic, boating, fish and game | ||
law, or municipal and county ordinance violations to be closed | ||
to the public. | ||
(I) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (I) shall not apply to the person who is the | ||
subject of the record. | ||
(J) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; | ||
100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff. |
12-20-18.)
| ||
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||
Sec. 1-8. Confidentiality and accessibility of juvenile | ||
court records.
| ||
(A) A juvenile adjudication shall never be considered a | ||
conviction nor shall an adjudicated individual be considered a | ||
criminal. Unless expressly allowed by law, a juvenile | ||
adjudication shall not operate to impose upon the individual | ||
any of the civil disabilities ordinarily imposed by or | ||
resulting from conviction. Unless expressly allowed by law, | ||
adjudications shall not prejudice or disqualify the individual | ||
in any civil service application or appointment, from holding | ||
public office, or from receiving any license granted by public | ||
authority. All juvenile court records which have not been | ||
expunged are sealed and may never be disclosed to the general | ||
public or otherwise made widely available. Sealed juvenile | ||
court records may be obtained only under this Section and | ||
Section 1-7 and Part 9 of Article V of this Act, when their use | ||
is needed for good cause and with an order from the juvenile | ||
court. Inspection and copying of juvenile court records | ||
relating to a minor
who is the subject of a proceeding under | ||
this Act shall be restricted to the
following:
| ||
(1) The minor who is the subject of record, his or her | ||
parents, guardian,
and counsel.
| ||
(2) Law enforcement officers and law enforcement |
agencies when such
information is essential to executing an | ||
arrest or search warrant or other
compulsory process, or to | ||
conducting an ongoing investigation
or relating to a minor | ||
who
has been adjudicated delinquent and there has been a | ||
previous finding that
the act which constitutes the | ||
previous offense was committed in furtherance
of criminal | ||
activities by a criminal street gang.
| ||
Before July 1, 1994, for the purposes of this Section, | ||
"criminal street
gang" means any ongoing
organization, | ||
association, or group of 3 or more persons, whether formal | ||
or
informal, having as one of its primary activities the | ||
commission of one or
more criminal acts and that has a | ||
common name or common identifying sign,
symbol or specific | ||
color apparel displayed, and whose members individually
or | ||
collectively engage in or have engaged in a pattern of | ||
criminal activity.
| ||
Beginning July 1, 1994, for purposes of this Section, | ||
"criminal street
gang" has the meaning ascribed to it in | ||
Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||
Prevention Act.
| ||
(3) Judges, hearing officers, prosecutors, public | ||
defenders, probation officers, social
workers, or other
| ||
individuals assigned by the court to conduct a | ||
pre-adjudication or pre-disposition
investigation, and | ||
individuals responsible for supervising
or providing | ||
temporary or permanent care and custody for minors under |
the order of the juvenile court when essential to | ||
performing their
responsibilities.
| ||
(4) Judges, federal, State, and local prosecutors, | ||
public defenders, probation officers, and designated | ||
staff:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805;
| ||
(b) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and a minor is the | ||
subject of a
proceeding to
determine the conditions of | ||
pretrial release amount of bail ;
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and a minor is the | ||
subject of a
pre-trial
investigation, pre-sentence | ||
investigation or fitness hearing, or
proceedings on an | ||
application for probation; or
| ||
(d) when a minor becomes 18 years of age or older, | ||
and is the subject
of criminal proceedings, including a | ||
hearing to determine the conditions of pretrial | ||
release amount of
bail , a pre-trial investigation, a | ||
pre-sentence investigation, a fitness
hearing, or | ||
proceedings on an application for probation.
| ||
(5) Adult and Juvenile Prisoner Review Boards.
| ||
(6) Authorized military personnel.
| ||
(6.5) Employees of the federal government authorized |
by law. | ||
(7) Victims, their subrogees and legal | ||
representatives; however, such
persons shall have access | ||
only to the name and address of the minor and
information | ||
pertaining to the disposition or alternative adjustment | ||
plan
of the juvenile court.
| ||
(8) Persons engaged in bona fide research, with the | ||
permission of the
presiding judge of the juvenile court and | ||
the chief executive of the agency
that prepared the | ||
particular records; provided that publication of such
| ||
research results in no disclosure of a minor's identity and | ||
protects the
confidentiality of the record.
| ||
(9) The Secretary of State to whom the Clerk of the | ||
Court shall report
the disposition of all cases, as | ||
required in Section 6-204 of the Illinois
Vehicle Code. | ||
However, information reported relative to these offenses | ||
shall
be privileged and available only to the Secretary of | ||
State, courts, and police
officers.
| ||
(10) The administrator of a bonafide substance abuse | ||
student
assistance program with the permission of the | ||
presiding judge of the
juvenile court.
| ||
(11) Mental health professionals on behalf of the | ||
Department of
Corrections or the Department of Human | ||
Services or prosecutors who are
evaluating, prosecuting, | ||
or investigating a potential or actual petition
brought
| ||
under the Sexually Violent Persons Commitment Act relating |
to a person who is the
subject of
juvenile court records or | ||
the respondent to a petition brought under
the
Sexually | ||
Violent Persons Commitment Act, who is the subject of | ||
juvenile
court records
sought. Any records and any | ||
information obtained from those records under this
| ||
paragraph (11) may be used only in sexually violent persons | ||
commitment
proceedings.
| ||
(12) Collection agencies, contracted or otherwise | ||
engaged by a governmental entity, to collect any debts due | ||
and owing to the governmental entity. | ||
(A-1) Findings and exclusions of paternity entered in | ||
proceedings occurring under Article II of this Act shall be | ||
disclosed, in a manner and form approved by the Presiding Judge | ||
of the Juvenile Court, to the Department of Healthcare and | ||
Family Services when necessary to discharge the duties of the | ||
Department of Healthcare and Family Services under Article X of | ||
the Illinois Public Aid Code. | ||
(B) A minor who is the victim in a juvenile proceeding | ||
shall be
provided the same confidentiality regarding | ||
disclosure of identity as the
minor who is the subject of | ||
record.
| ||
(C)(0.1) In cases where the records concern a pending | ||
juvenile court case, the requesting party seeking to inspect | ||
the juvenile court records shall provide actual notice to the | ||
attorney or guardian ad litem of the minor whose records are | ||
sought. |
(0.2) In cases where the juvenile court records concern a | ||
juvenile court case that is no longer pending, the requesting | ||
party seeking to inspect the juvenile court records shall | ||
provide actual notice to the minor or the minor's parent or | ||
legal guardian, and the matter shall be referred to the chief | ||
judge presiding over matters pursuant to this Act. | ||
(0.3) In determining whether juvenile court records should | ||
be made available for inspection and whether inspection should | ||
be limited to certain parts of the file, the court shall | ||
consider the minor's interest in confidentiality and | ||
rehabilitation over the requesting party's interest in | ||
obtaining the information. The State's Attorney, the minor, and | ||
the minor's parents, guardian, and counsel shall at all times | ||
have the right to examine court files and records. | ||
(0.4) Any records obtained in violation of this Section | ||
shall not be admissible in any criminal or civil proceeding, or | ||
operate to disqualify a minor from subsequently holding public | ||
office, or operate as a forfeiture of any public benefit, | ||
right, privilege, or right to receive any license granted by | ||
public authority.
| ||
(D) Pending or following any adjudication of delinquency | ||
for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||
12-13 through 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012,
the victim of any such offense shall | ||
receive the
rights set out in Sections 4 and 6 of the Bill of
| ||
Rights for Victims and Witnesses of Violent Crime Act; and the
|
juvenile who is the subject of the adjudication, | ||
notwithstanding any other
provision of this Act, shall be | ||
treated
as an adult for the purpose of affording such rights to | ||
the victim.
| ||
(E) Nothing in this Section shall affect the right of a | ||
Civil Service
Commission or appointing authority of the federal | ||
government, or any state, county, or municipality
examining the | ||
character and fitness of
an applicant for employment with a law | ||
enforcement
agency, correctional institution, or fire | ||
department to
ascertain
whether that applicant was ever | ||
adjudicated to be a delinquent minor and,
if so, to examine the | ||
records of disposition or evidence which were made in
| ||
proceedings under this Act.
| ||
(F) Following any adjudication of delinquency for a crime | ||
which would be
a felony if committed by an adult, or following | ||
any adjudication of delinquency
for a violation of Section | ||
24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, the State's Attorney shall ascertain
| ||
whether the minor respondent is enrolled in school and, if so, | ||
shall provide
a copy of the dispositional order to the | ||
principal or chief administrative
officer of the school. Access | ||
to the dispositional order shall be limited
to the principal or | ||
chief administrative officer of the school and any guidance
| ||
counselor designated by him or her.
| ||
(G) Nothing contained in this Act prevents the sharing or
| ||
disclosure of information or records relating or pertaining to |
juveniles
subject to the provisions of the Serious Habitual | ||
Offender Comprehensive
Action Program when that information is | ||
used to assist in the early
identification and treatment of | ||
habitual juvenile offenders.
| ||
(H) When a court hearing a proceeding under Article II of | ||
this Act becomes
aware that an earlier proceeding under Article | ||
II had been heard in a different
county, that court shall | ||
request, and the court in which the earlier
proceedings were | ||
initiated shall transmit, an authenticated copy of the juvenile | ||
court
record, including all documents, petitions, and orders | ||
filed and the
minute orders, transcript of proceedings, and | ||
docket entries of the court.
| ||
(I) The Clerk of the Circuit Court shall report to the | ||
Department of
State
Police, in the form and manner required by | ||
the Department of State Police, the
final disposition of each | ||
minor who has been arrested or taken into custody
before his or | ||
her 18th birthday for those offenses required to be reported
| ||
under Section 5 of the Criminal Identification Act. Information | ||
reported to
the Department under this Section may be maintained | ||
with records that the
Department files under Section 2.1 of the | ||
Criminal Identification Act.
| ||
(J) The changes made to this Section by Public Act 98-61 | ||
apply to juvenile law enforcement records of a minor who has | ||
been arrested or taken into custody on or after January 1, 2014 | ||
(the effective date of Public Act 98-61). | ||
(K) Willful violation of this Section is a Class C |
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (K) shall not apply to the person who is the | ||
subject of the record. | ||
(L) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18; | ||
100-1162, eff. 12-20-18.)
| ||
(705 ILCS 405/5-150)
| ||
Sec. 5-150.
Admissibility of evidence and adjudications in | ||
other
proceedings.
| ||
(1) Evidence and adjudications in proceedings under this | ||
Act shall be
admissible:
| ||
(a) in subsequent proceedings under this Act | ||
concerning the same minor; or
| ||
(b) in criminal proceedings when the court is to | ||
determine the conditions of pretrial release amount
of | ||
bail , fitness of the defendant or in sentencing under the | ||
Unified Code
of Corrections; or
| ||
(c) in proceedings under this Act or in criminal | ||
proceedings in which
anyone who has been adjudicated | ||
delinquent under Section 5-105 is to be a
witness including | ||
the minor or defendant if he or she testifies, and then | ||
only
for purposes of impeachment and pursuant to the rules
| ||
of evidence for criminal trials; or
|
(d) in civil proceedings concerning causes of action | ||
arising out of the
incident or incidents which initially | ||
gave rise to the proceedings under this
Act.
| ||
(2) No adjudication or disposition under this Act shall | ||
operate to
disqualify a minor from subsequently holding public | ||
office nor shall
operate as a forfeiture of any right, | ||
privilege or right to receive any
license granted by public | ||
authority.
| ||
(3) The court which adjudicated that a minor has committed | ||
any offense
relating to motor vehicles prescribed in Sections | ||
4-102 and 4-103 of the
Illinois Vehicle Code shall notify the | ||
Secretary of State of that adjudication
and the notice shall | ||
constitute sufficient grounds for revoking that minor's
| ||
driver's license or permit as provided in Section 6-205 of the | ||
Illinois Vehicle
Code; no minor shall be considered a criminal | ||
by reason thereof, nor shall any
such adjudication be | ||
considered a conviction.
| ||
(Source: P.A. 90-590, eff. 1-1-99.)
| ||
Section 10-215. The Criminal Code of 2012 is amended by | ||
changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as | ||
follows: | ||
(720 ILCS 5/26.5-5) | ||
Sec. 26.5-5. Sentence. | ||
(a) Except as provided in
subsection (b), a
person who |
violates any of the provisions of
Section 26.5-1, 26.5-2, or | ||
26.5-3 of this Article
is guilty of a Class B misdemeanor.
| ||
Except as provided
in subsection (b), a second or subsequent
| ||
violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article | ||
is a Class A
misdemeanor, for which the
court
shall impose a | ||
minimum of 14 days in
jail or, if public or
community service | ||
is established in the county in which the offender was
| ||
convicted, 240 hours of public or community service. | ||
(b) In any of the following circumstances, a person who | ||
violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||
shall be guilty of a Class 4 felony: | ||
(1) The person has 3 or more prior violations in the | ||
last 10 years of
harassment
by
telephone, harassment | ||
through electronic
communications, or any similar offense | ||
of any
other state; | ||
(2) The person has previously violated the harassment | ||
by telephone
provisions, or the harassment through | ||
electronic
communications provisions, or committed any | ||
similar
offense in any other state with the same victim or | ||
a member of the victim's family or
household; | ||
(3) At the time of the offense, the offender was under | ||
conditions of pretrial release bail ,
probation, | ||
conditional discharge, mandatory supervised release or was | ||
the subject of an order of
protection, in this or any other | ||
state, prohibiting contact with the victim or
any member of | ||
the victim's family or household; |
(4) In the course of the offense, the offender | ||
threatened to kill the
victim or any member of the victim's | ||
family or household; | ||
(5) The person has been convicted in the last 10 years | ||
of a forcible
felony
as defined in Section 2-8 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012; | ||
(6) The person violates paragraph (5) of Section 26.5-2 | ||
or paragraph
(4) of Section 26.5-3; or | ||
(7) The person was at least 18 years of age at the time | ||
of the commission of the offense and the victim was under | ||
18 years of age at the time of the commission of the | ||
offense. | ||
(c) The court may order any person
convicted under this | ||
Article to submit to a psychiatric examination.
| ||
(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||
(720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
| ||
Sec. 31-1. Resisting or obstructing a peace officer, | ||
firefighter, or correctional
institution employee. | ||
(a) A person who knowingly resists or obstructs the | ||
performance by one known
to the person to be a peace officer, | ||
firefighter, or correctional institution employee of any
| ||
authorized act within his or her official capacity commits a | ||
Class A misdemeanor.
| ||
(a-5) In addition to any other sentence that may be | ||
imposed, a court
shall
order any person convicted of resisting |
or obstructing a peace officer, firefighter, or correctional
| ||
institution employee to be
sentenced to a minimum of 48 | ||
consecutive hours of imprisonment or
ordered to perform | ||
community service for not less than 100 hours as
may be | ||
determined by the court. The person shall not be eligible for | ||
probation
in order to reduce the sentence of imprisonment or | ||
community service.
| ||
(a-7) A person convicted for a violation of this Section | ||
whose violation was
the proximate cause of an injury to a peace | ||
officer, firefighter, or correctional
institution employee is | ||
guilty of a Class 4
felony.
| ||
(b) For purposes of this Section, "correctional | ||
institution employee"
means
any person employed to supervise | ||
and control inmates incarcerated in a
penitentiary, State farm, | ||
reformatory, prison, jail, house of correction,
police | ||
detention area, half-way house, or other institution or place | ||
for the
incarceration or custody of persons under sentence for | ||
offenses or awaiting
trial or sentence for offenses, under | ||
arrest for an offense, a violation of
probation, a violation of | ||
parole, a violation of aftercare release, a violation of | ||
mandatory supervised
release, or awaiting a bail setting | ||
hearing or preliminary hearing on setting the conditions of | ||
pretrial release , or who
are
sexually dangerous persons or who | ||
are sexually violent persons; and "firefighter" means any | ||
individual, either as an employee or volunteer, of a regularly
| ||
constituted fire department of a municipality or fire |
protection district who
performs fire fighting duties, | ||
including, but not limited to, the fire chief, assistant fire
| ||
chief, captain, engineer, driver, ladder person, hose person, | ||
pipe person, and any
other member of a regularly constituted | ||
fire department. "Firefighter" also means a person employed by | ||
the Office of the State Fire Marshal to conduct arson | ||
investigations.
| ||
(c) It is an affirmative defense to a violation of this | ||
Section if a person resists or obstructs the performance of one | ||
known by the person to be a firefighter by returning to or | ||
remaining in a dwelling, residence, building, or other | ||
structure to rescue or to attempt to rescue any person. | ||
(d) A person shall not be subject to arrest under this | ||
Section unless there is an underlying offense for which the | ||
person was initially subject to arrest. | ||
(Source: P.A. 98-558, eff. 1-1-14.)
| ||
(720 ILCS 5/31A-0.1) | ||
Sec. 31A-0.1. Definitions. For the purposes of this | ||
Article: | ||
"Deliver" or "delivery" means the actual, constructive or | ||
attempted
transfer of possession of an item of contraband, with | ||
or without consideration,
whether or not there is an agency | ||
relationship. | ||
"Employee" means any elected or appointed officer, trustee | ||
or
employee of a penal institution or of the governing |
authority of the penal
institution, or any person who performs | ||
services for the penal institution
pursuant to contract with | ||
the penal institution or its governing
authority. | ||
"Item of contraband" means any of the following: | ||
(i) "Alcoholic liquor" as that term is defined in | ||
Section 1-3.05 of the
Liquor Control Act of 1934. | ||
(ii) "Cannabis" as that term is defined in subsection | ||
(a) of Section 3
of the Cannabis Control Act. | ||
(iii) "Controlled substance" as that term is defined in | ||
the Illinois
Controlled Substances Act. | ||
(iii-a) "Methamphetamine" as that term is defined in | ||
the Illinois Controlled Substances Act or the | ||
Methamphetamine Control and Community Protection Act. | ||
(iv) "Hypodermic syringe" or hypodermic needle, or any | ||
instrument
adapted for use of controlled substances or | ||
cannabis by subcutaneous injection. | ||
(v) "Weapon" means any knife, dagger, dirk, billy, | ||
razor, stiletto,
broken bottle, or other piece of glass | ||
which could be used as a dangerous
weapon. This term | ||
includes any of the devices or implements designated in
| ||
subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | ||
this
Code, or any other dangerous weapon or instrument of | ||
like character. | ||
(vi) "Firearm" means any device, by whatever name | ||
known, which is
designed to expel a projectile or | ||
projectiles by the action of an
explosion, expansion of gas |
or escape of gas, including but not limited to: | ||
(A) any pneumatic gun, spring gun, or B-B gun which | ||
expels a single
globular projectile not exceeding .18 | ||
inch in diameter; or | ||
(B) any device used exclusively for signaling or | ||
safety and required
as
recommended by the United States | ||
Coast Guard or the Interstate Commerce
Commission; or | ||
(C) any device used exclusively for the firing of | ||
stud cartridges,
explosive rivets or industrial | ||
ammunition; or | ||
(D) any device which is powered by electrical | ||
charging units, such as
batteries, and which fires one | ||
or several barbs attached to a length of
wire and | ||
which, upon hitting a human, can send out current | ||
capable of
disrupting the person's nervous system in | ||
such a manner as to render him or her incapable of | ||
normal functioning, commonly referred to as a stun gun | ||
or taser. | ||
(vii) "Firearm ammunition" means any self-contained | ||
cartridge or shotgun
shell, by whatever name known, which | ||
is designed to be used or adaptable to
use in a firearm, | ||
including but not limited to: | ||
(A) any ammunition exclusively designed for use | ||
with a device used
exclusively for signaling or safety | ||
and required or recommended by the
United States Coast | ||
Guard or the Interstate Commerce Commission; or |
(B) any ammunition designed exclusively for use | ||
with a stud or rivet
driver or other similar industrial | ||
ammunition. | ||
(viii) "Explosive" means, but is not limited to, bomb, | ||
bombshell,
grenade, bottle or other container containing | ||
an explosive substance of
over one-quarter ounce for like | ||
purposes such as black powder bombs and
Molotov cocktails | ||
or artillery projectiles. | ||
(ix) "Tool to defeat security mechanisms" means, but is | ||
not limited to,
handcuff or security restraint key, tool | ||
designed to pick locks, popper, or any device or
instrument | ||
used to or capable of unlocking or preventing from locking | ||
any handcuff or security restraints, doors to
cells, rooms, | ||
gates or other areas of the penal institution. | ||
(x) "Cutting tool" means, but is not limited to, | ||
hacksaw blade,
wirecutter,
or device, instrument or file | ||
capable of cutting through metal. | ||
(xi) "Electronic contraband" for the purposes of | ||
Section 31A-1.1 of this Article means, but is not limited | ||
to, any
electronic, video recording device, computer, or | ||
cellular communications
equipment, including, but not
| ||
limited to, cellular telephones, cellular telephone | ||
batteries, videotape
recorders, pagers,
computers, and | ||
computer peripheral equipment brought into or possessed in | ||
a
penal institution without the written authorization of | ||
the Chief Administrative
Officer. "Electronic contraband" |
for the purposes of Section 31A-1.2 of this Article, means, | ||
but is not limited to, any
electronic, video recording | ||
device, computer, or cellular communications
equipment, | ||
including, but not
limited to, cellular telephones, | ||
cellular telephone batteries, videotape
recorders, pagers,
| ||
computers, and computer peripheral equipment. | ||
"Penal institution" means any penitentiary, State farm,
| ||
reformatory, prison, jail, house of correction, police | ||
detention area,
half-way house or other institution or place | ||
for the incarceration or
custody of persons under sentence for | ||
offenses awaiting trial or sentence
for offenses, under arrest | ||
for an offense, a violation of probation, a
violation of | ||
parole, a violation of aftercare release, or a violation of | ||
mandatory supervised release, or
awaiting a bail setting | ||
hearing on the setting of conditions of pretrial release or | ||
preliminary hearing; provided that where
the place for | ||
incarceration or custody is housed within another public
| ||
building this Article shall not apply to that part of the | ||
building unrelated
to the incarceration or custody of persons.
| ||
(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
| ||
(720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
| ||
Sec. 32-10. Violation of conditions of pretrial release | ||
bail bond .
| ||
(a) Whoever, having been released pretrial under | ||
conditions admitted to bail for appearance before any
court of
|
this State, incurs a violation of conditions of pretrial | ||
release forfeiture of the bail and knowingly fails to surrender
| ||
himself or herself within 30 days following the date of the | ||
violation forfeiture , commits, if
the conditions of pretrial | ||
release bail was given in connection with a charge of felony | ||
or pending appeal
or certiorari after conviction of any | ||
offense, a felony of the next lower
Class or a Class A | ||
misdemeanor if the underlying offense was a Class 4 felony . If | ||
the violation of pretrial conditions were made ;
or, if the bail | ||
was given in connection with a charge
of committing a | ||
misdemeanor, or for appearance as a witness, commits a | ||
misdemeanor of the next lower Class, but not less than a Class | ||
C misdemeanor.
| ||
(a-5) Any person who knowingly violates a condition of | ||
pretrial release bail bond by possessing a
firearm in violation | ||
of his or her conditions of pretrial release bail commits a | ||
Class 4 felony
for a first violation and a Class 3 felony for a | ||
second or subsequent violation.
| ||
(b) Whoever, having been released pretrial under | ||
conditions admitted to bail for appearance before
any court
of | ||
this State, while charged with a criminal offense in which the | ||
victim is a
family or household member as defined in Article | ||
112A of the Code of Criminal
Procedure of 1963, knowingly | ||
violates a condition of that release as set forth
in Section | ||
110-10, subsection (d) of the Code of Criminal Procedure of | ||
1963,
commits a Class A misdemeanor.
|
(c) Whoever, having been released pretrial under | ||
conditions admitted to bail for appearance before
any court
of | ||
this State for a felony, Class A misdemeanor or a
criminal | ||
offense in which the victim is a family
or household member as | ||
defined in Article 112A of the Code of Criminal
Procedure of | ||
1963, is charged with any other
felony, Class A misdemeanor,
or | ||
a
criminal offense in which the victim is a family or household
| ||
member as
defined in Article 112A of the Code of Criminal | ||
Procedure of 1963 while on
this
release, must appear before the | ||
court before
bail is statutorily set .
| ||
(d) Nothing in this Section shall interfere with or
prevent | ||
the exercise
by
any court of its power to punishment for | ||
contempt.
Any sentence imposed for violation of this Section | ||
may shall be served
consecutive to the sentence imposed for the | ||
charge for which pretrial release bail had been
granted and | ||
with respect to which the defendant has been convicted.
| ||
(Source: P.A. 97-1108, eff. 1-1-13.)
| ||
(720 ILCS 5/32-15) | ||
Sec. 32-15. Pretrial release Bail bond false statement. Any | ||
person who in any affidavit, document,
schedule or other | ||
application to ensure compliance of another with the terms of | ||
pretrial release become surety or bail for another on any
bail | ||
bond or recognizance in any civil or criminal proceeding then | ||
pending
or about to be started against the other person, having | ||
taken a lawful
oath or made affirmation, shall swear or affirm |
wilfully, corruptly and
falsely as to the factors the court | ||
relied on to approve the conditions of the other person's | ||
pretrial release ownership or liens or incumbrances upon or the | ||
value of
any real or personal property alleged to be owned by | ||
the person proposed to ensure those conditions as
surety or | ||
bail, the financial worth or standing of the person proposed as
| ||
surety or bail, or as to the number or total penalties of all | ||
other bonds
or recognizances signed by and standing against the | ||
proposed surety or
bail , or any person who, having taken a | ||
lawful oath or made affirmation,
shall testify wilfully, | ||
corruptly and falsely as to any of said matters for
the purpose | ||
of inducing the approval of any such conditions of pretrial | ||
release bail bond or recognizance;
or for the purpose of | ||
justifying on any such conditions of pretrial release bail bond | ||
or recognizance, or
who shall suborn any other person to so | ||
swear, affirm or testify as
aforesaid, shall be deemed and | ||
adjudged guilty of perjury or subornation of
perjury (as the | ||
case may be) and punished accordingly.
| ||
(Source: P.A. 97-1108, eff. 1-1-13.)
| ||
Section 10-216. The Criminal Code of 2012 is amended by | ||
changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 and by adding | ||
Sections 7-15, 7-16, and 33-9 as follows:
| ||
(720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
| ||
Sec. 7-5. Peace officer's use of force in making arrest. |
(a) A peace officer, or any person whom he has summoned or | ||
directed
to assist him, need not retreat or desist from efforts | ||
to make a lawful
arrest because of resistance or threatened | ||
resistance to the arrest. He
is justified in the use of any | ||
force which he reasonably believes , based on the totality of | ||
the circumstances, to be
necessary to effect the arrest and of | ||
any force which he reasonably
believes , based on the totality | ||
of the circumstances, to be necessary to defend himself or | ||
another from bodily harm
while making the arrest. However, he | ||
is justified in using force likely
to cause death or great | ||
bodily harm only when he reasonably believes , based on the | ||
totality of the circumstances,
that such force is necessary to | ||
prevent death or great bodily harm to
himself or such other | ||
person, or when he reasonably believes , based on the totality | ||
of the circumstances, both that:
| ||
(1) Such force is necessary to prevent the arrest from | ||
being
defeated by resistance or escape ; the officer
| ||
reasonably believes that the person to be arrested cannot
| ||
be apprehended at a later date, and the officer reasonably
| ||
believes that the person to be arrested is likely to cause
| ||
great bodily harm to another ; and
| ||
(2) The person to be arrested just has committed or | ||
attempted a forcible
felony which involves the infliction | ||
or threatened infliction of great
bodily harm or is | ||
attempting to escape by use of a deadly weapon, or
| ||
otherwise indicates that he will endanger human life or |
inflict great
bodily harm unless arrested without delay.
| ||
As used in this subsection, "retreat" does not mean | ||
tactical
repositioning or other de-escalation tactics. | ||
(a-5) Where feasible, a peace officer shall, prior to the | ||
use of force, make reasonable efforts to identify himself or | ||
herself as a peace
officer and to warn that deadly force may be | ||
used, unless the officer has reasonable grounds to believe that | ||
the
person is aware of those facts. | ||
(a-10) A peace officer shall not use deadly force against a | ||
person based on the danger that the person poses to himself or | ||
herself if
an reasonable officer would believe the person does | ||
not pose an imminent threat of death or serious bodily
injury | ||
to the peace officer or to another person. | ||
(a-15) A peace officer shall not use deadly force against a | ||
person who is suspected of committing a property offense, | ||
unless that offense is terrorism or unless deadly force is | ||
otherwise authorized by law. | ||
(b) A peace officer making an arrest pursuant to an invalid | ||
warrant
is justified in the use of any force which he would be | ||
justified in
using if the warrant were valid, unless he knows | ||
that the warrant is
invalid.
| ||
(c) The authority to use physical force conferred on peace | ||
officers by this Article is a serious responsibility that shall | ||
be exercised judiciously and with respect for human rights and | ||
dignity and for the sanctity of every human life. | ||
(d) Peace officers shall use deadly force only when |
reasonably necessary in defense of human life. In determining | ||
whether deadly force is reasonably necessary, officers shall | ||
evaluate each situation in light of the particular | ||
circumstances of each case and shall use other available | ||
resources and techniques, if reasonably safe and feasible to a | ||
reasonable officer. | ||
(e) The decision by a peace officer to use force shall be | ||
evaluated carefully and thoroughly, in a manner that reflects | ||
the gravity of that authority and the serious consequences of | ||
the use of force by peace officers, in order to ensure that | ||
officers use force consistent with law and agency policies. | ||
(f) The decision by a peace officer to use force shall be | ||
evaluated from the perspective of a reasonable officer in the | ||
same situation, based on the totality of the circumstances | ||
known to or perceived by the officer at the time of the | ||
decision, rather than with the benefit of hindsight, and that | ||
the totality of the circumstances shall account for occasions | ||
when officers may be forced to make quick judgments about using | ||
force. | ||
(g) Law enforcement agencies are encouraged to adopt and | ||
develop policies designed to protect individuals with | ||
physical, mental health, developmental, or intellectual | ||
disabilities, who are significantly more likely to experience | ||
greater levels of physical force during police interactions, as | ||
these disabilities may affect the ability of a person to | ||
understand or comply with commands from peace officers. |
(h) As used in this Section: | ||
(1) "Deadly force" means any use of force that creates | ||
a substantial risk of causing death or serious bodily | ||
injury, including, but not limited to, the discharge of a | ||
firearm. | ||
(2) A threat of death or serious bodily injury is | ||
"imminent" when, based on the totality of the | ||
circumstances, a reasonable officer in the same situation | ||
would believe that a person has the present ability, | ||
opportunity, and apparent intent to immediately cause | ||
death or serious bodily injury to the peace officer or | ||
another person. An imminent harm is not merely a fear of | ||
future harm, no matter how great the fear and no matter how | ||
great the likelihood of the harm, but is one that, from | ||
appearances, must be instantly confronted and addressed. | ||
(3) "Totality of the circumstances" means all facts | ||
known to the peace officer at the time, or that would be | ||
known to a reasonable officer in the same situation, | ||
including the conduct of the officer and the subject | ||
leading up to the use of deadly force. | ||
(Source: P.A. 84-1426.)
| ||
(720 ILCS 5/7-5.5) | ||
Sec. 7-5.5. Prohibited use of force by a peace officer. | ||
(a) A peace officer , or any person acting on behalf of a | ||
peace officer, shall not use a chokehold or restraint above the |
shoulders with risk of asphyxiation in the performance of his | ||
or her duties, unless deadly force is justified under Article 7 | ||
of this Code. | ||
(b) A peace officer , or any person acting on behalf of a | ||
peace officer, shall not use a chokehold or restraint above the | ||
shoulders with risk of asphyxiation , or any lesser contact with | ||
the throat or neck area of another, in order to prevent the | ||
destruction of evidence by ingestion. | ||
(c)
As used in this Section, "chokehold" means applying any | ||
direct pressure to the throat, windpipe, or airway of another | ||
with the intent to reduce or prevent the intake of air. | ||
"Chokehold" does not include any holding involving contact with | ||
the neck that is not intended to reduce the intake of air .
| ||
(d) As used in this Section, "restraint above the shoulders | ||
with risk of positional asphyxiation" means a use of a | ||
technique used to restrain a person above the shoulders, | ||
including the neck or head, in a position which interferes with | ||
the person's ability to breathe after the person no longer | ||
poses a threat to the officer or any other person. | ||
(e) A peace officer, or any person acting on behalf of a | ||
peace officer, shall not: | ||
(i) use force as punishment or retaliation; | ||
(ii) discharge kinetic impact projectiles and all | ||
other non-or less-lethal projectiles in a manner that | ||
targets the head, pelvis, or back; | ||
(iii) discharge firearms or kinetic impact projectiles |
indiscriminately into a crowd; or | ||
(iv) use chemical agents or irritants, including | ||
pepper spray and tear gas, prior to issuing an order to | ||
disperse in a sufficient manner to ensure the order is | ||
heard and repeated if necessary, followed by sufficient | ||
time and space to allow compliance with the order. | ||
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||
(720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
| ||
Sec. 7-9.
Use of
force to prevent escape.
| ||
(a) A peace officer or other person who has an arrested | ||
person in his
custody is justified in the use of such force , | ||
except deadly force, to prevent the escape of the
arrested | ||
person from custody as he would be justified in using if he | ||
were
arresting such person.
| ||
(b) A guard or other peace officer is justified in the use | ||
of force ,
including force likely to cause death or great bodily | ||
harm, which he
reasonably believes to be necessary to prevent | ||
the escape from a penal
institution of a person whom the | ||
officer reasonably believes to be lawfully
detained in such | ||
institution under sentence for an offense or awaiting
trial or | ||
commitment for an offense.
| ||
(c) Deadly force shall not be used to prevent escape under | ||
this Section unless, based on the totality of the | ||
circumstances, deadly force is necessary to prevent death or | ||
great bodily harm to himself or such other person. |
(Source: Laws 1961, p. 1983.)
| ||
(720 ILCS 5/7-15 new) | ||
Sec. 7-15. Duty to render aid. It is the policy of the | ||
State of Illinois that all law enforcement officers must, as | ||
soon as reasonably practical, determine if a person is injured, | ||
whether as a result of a use of force or otherwise, and render | ||
medical aid and assistance consistent with training and request | ||
emergency medical assistance if necessary. "Render medical aid | ||
and assistance" includes, but is not limited to, (i) performing | ||
emergency life-saving procedures such as cardiopulmonary | ||
resuscitation or the administration of an automated external | ||
defibrillator; and (ii) the carrying, or the making of | ||
arrangements for the carrying, of such person to a physician, | ||
surgeon, or hospital for medical or surgical treatment if it is | ||
apparent that treatment is necessary, or if such carrying is | ||
requested by the injured person. | ||
(720 ILCS 5/7-16 new) | ||
Sec. 7-16. Duty to intervene. | ||
(a) A peace officer, or any person acting on behalf of a | ||
peace officer, shall have an affirmative duty to intervene to | ||
prevent or stop another peace officer in his or her presence | ||
from using any unauthorized force or force that exceeds the | ||
degree of force permitted, if any, without regard for chain of | ||
command. |
(b) A peace officer, or any person acting on behalf of a | ||
peace officer, who intervenes as required by this Section shall | ||
report the intervention to the person designated/identified by | ||
the law enforcement entity in a manner prescribed by the | ||
agency. The report required by this Section must include the | ||
date, time, and place of the occurrence; the identity, if | ||
known, and description of the participants; and a description | ||
of the intervention actions taken and whether they were | ||
successful. In no event shall the report be submitted more than | ||
5 days after the incident. | ||
(c) A member of a law enforcement agency shall not | ||
discipline nor retaliate in any way against a peace officer for | ||
intervening as required in this Section or for reporting | ||
unconstitutional or unlawful conduct, or for failing to follow | ||
what the officer reasonably believes is an unconstitutional or | ||
unlawful directive. | ||
(720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||
Sec. 9-1. First degree murder; death penalties; | ||
exceptions; separate
hearings; proof; findings; appellate | ||
procedures; reversals.
| ||
(a) A person who kills an individual without lawful | ||
justification commits
first degree murder if, in performing the | ||
acts which cause the death:
| ||
(1) he or she either intends to kill or do great bodily | ||
harm to that
individual or another, or knows that such acts |
will cause death to that
individual or another; or
| ||
(2) he or she knows that such acts create a strong | ||
probability of death or
great bodily harm to that | ||
individual or another; or
| ||
(3) he or she, acting alone or with one or more | ||
participants, commits or attempts to commit a forcible | ||
felony other than second degree murder, and in the course | ||
of or in furtherance of such crime or flight therefrom, he | ||
or she or another participant causes the death of a person | ||
he or she is attempting or committing a forcible felony | ||
other than
second degree murder .
| ||
(b) Aggravating Factors. A defendant who at the time of the
| ||
commission of the offense has attained the age of 18 or more | ||
and who has
been found guilty of first degree murder may be | ||
sentenced to death if:
| ||
(1) the murdered individual was a peace officer or | ||
fireman killed in
the course of performing his official | ||
duties, to prevent the performance
of his or her official | ||
duties, or in retaliation for performing his or her | ||
official
duties, and the defendant knew or
should have | ||
known that the murdered individual was a peace officer or
| ||
fireman; or
| ||
(2) the murdered individual was an employee of an | ||
institution or
facility of the Department of Corrections, | ||
or any similar local
correctional agency, killed in the | ||
course of performing his or her official
duties, to prevent |
the performance of his or her official duties, or in
| ||
retaliation for performing his or her official duties, or | ||
the murdered
individual was an inmate at such institution | ||
or facility and was killed on the
grounds thereof, or the | ||
murdered individual was otherwise present in such
| ||
institution or facility with the knowledge and approval of | ||
the chief
administrative officer thereof; or
| ||
(3) the defendant has been convicted of murdering two | ||
or more
individuals under subsection (a) of this Section or | ||
under any law of the
United States or of any state which is | ||
substantially similar to
subsection (a) of this Section | ||
regardless of whether the deaths
occurred as the result of | ||
the same act or of several related or
unrelated acts so | ||
long as the deaths were the result of either an intent
to | ||
kill more than one person or of separate acts which
the | ||
defendant knew would cause death or create a strong | ||
probability of
death or great bodily harm to the murdered | ||
individual or another; or
| ||
(4) the murdered individual was killed as a result of | ||
the
hijacking of an airplane, train, ship, bus, or other | ||
public conveyance; or
| ||
(5) the defendant committed the murder pursuant to a | ||
contract,
agreement, or understanding by which he or she | ||
was to receive money or anything
of value in return for | ||
committing the murder or procured another to
commit the | ||
murder for money or anything of value; or
|
(6) the murdered individual was killed in the course of | ||
another felony if:
| ||
(a) the murdered individual:
| ||
(i) was actually killed by the defendant, or
| ||
(ii) received physical injuries personally | ||
inflicted by the defendant
substantially | ||
contemporaneously with physical injuries caused by | ||
one or
more persons for whose conduct the defendant | ||
is legally accountable under
Section 5-2 of this | ||
Code, and the physical injuries inflicted by | ||
either
the defendant or the other person or persons | ||
for whose conduct he is legally
accountable caused | ||
the death of the murdered individual; and
| ||
(b) in performing the acts which caused the death | ||
of the murdered
individual or which resulted in | ||
physical injuries personally inflicted by
the | ||
defendant on the murdered individual under the | ||
circumstances of
subdivision (ii) of subparagraph (a) | ||
of paragraph (6) of subsection (b) of
this Section, the | ||
defendant acted with the intent to kill the murdered
| ||
individual or with the knowledge that his acts created | ||
a strong probability
of death or great bodily harm to | ||
the murdered individual or another; and
| ||
(c) the other felony was an inherently violent | ||
crime
or the attempt to commit an inherently
violent | ||
crime.
In this subparagraph (c), "inherently violent |
crime" includes, but is not
limited to, armed robbery, | ||
robbery, predatory criminal sexual assault of a
child,
| ||
aggravated criminal sexual assault, aggravated | ||
kidnapping, aggravated vehicular
hijacking,
aggravated | ||
arson, aggravated stalking, residential burglary, and | ||
home
invasion; or
| ||
(7) the murdered individual was under 12 years of age | ||
and the
death resulted from exceptionally brutal or heinous | ||
behavior indicative of
wanton cruelty; or
| ||
(8) the defendant committed the murder with intent to
| ||
prevent the murdered individual from testifying or | ||
participating in any
criminal investigation or prosecution
| ||
or giving material assistance to the State in any | ||
investigation or
prosecution, either against the defendant | ||
or another; or the defendant
committed the murder because | ||
the murdered individual was a witness in any
prosecution or | ||
gave material assistance to the State in any investigation
| ||
or prosecution, either against the defendant or another;
| ||
for purposes of this paragraph (8), "participating in any | ||
criminal
investigation
or prosecution" is intended to | ||
include those appearing in the proceedings in
any capacity | ||
such as trial judges, prosecutors, defense attorneys,
| ||
investigators, witnesses, or jurors; or
| ||
(9) the defendant, while committing an offense | ||
punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||
407 or 407.1 or subsection (b) of
Section
404 of the |
Illinois Controlled Substances Act, or while engaged in a
| ||
conspiracy or solicitation to commit such offense, | ||
intentionally killed an
individual or counseled, | ||
commanded, induced, procured or caused the
intentional | ||
killing of the murdered individual; or
| ||
(10) the defendant was incarcerated in an institution | ||
or facility of
the Department of Corrections at the time of | ||
the murder, and while
committing an offense punishable as a | ||
felony under Illinois law, or while
engaged in a conspiracy | ||
or solicitation to commit such offense,
intentionally | ||
killed an individual or counseled, commanded, induced,
| ||
procured or caused the intentional killing of the murdered | ||
individual; or
| ||
(11) the murder was committed in a cold, calculated and | ||
premeditated
manner pursuant to a preconceived plan, | ||
scheme or design to take a human
life by unlawful means, | ||
and the conduct of the defendant created a
reasonable | ||
expectation that the death of a human being would result
| ||
therefrom; or
| ||
(12) the murdered individual was an emergency medical | ||
technician -
ambulance, emergency medical technician - | ||
intermediate, emergency medical
technician - paramedic, | ||
ambulance driver, or
other medical assistance or first aid | ||
personnel, employed by a municipality
or other | ||
governmental unit, killed in the course of performing his | ||
official
duties, to prevent the performance of his official |
duties, or in retaliation
for performing his official | ||
duties, and the defendant knew or should have
known that | ||
the murdered individual was an emergency medical | ||
technician -
ambulance, emergency medical technician - | ||
intermediate, emergency medical
technician - paramedic, | ||
ambulance driver, or
other medical assistance or first aid | ||
personnel; or
| ||
(13) the defendant was a principal administrator, | ||
organizer, or leader
of a calculated criminal drug | ||
conspiracy consisting of a hierarchical position
of | ||
authority superior to that of all other members of the | ||
conspiracy, and the
defendant counseled, commanded, | ||
induced, procured, or caused the intentional
killing of the | ||
murdered person;
or
| ||
(14) the murder was intentional and involved the | ||
infliction of torture.
For
the purpose of this Section | ||
torture means the infliction of or subjection to
extreme | ||
physical pain, motivated by an intent to increase or | ||
prolong the pain,
suffering or agony of the victim; or
| ||
(15) the murder was committed as a result of the | ||
intentional discharge
of a firearm by the defendant from a | ||
motor vehicle and the victim was not
present within the | ||
motor vehicle; or
| ||
(16) the murdered individual was 60 years of age or | ||
older and the death
resulted
from exceptionally brutal or | ||
heinous behavior indicative of wanton cruelty; or
|
(17) the murdered individual was a person with a | ||
disability and the defendant knew
or
should have known that | ||
the murdered individual was a person with a disability. For | ||
purposes of
this paragraph (17), "person with a disability" | ||
means a person who suffers from a
permanent physical or | ||
mental impairment resulting from disease, an injury,
a | ||
functional disorder, or a congenital condition that | ||
renders the person
incapable of
adequately providing for | ||
his or her own health or personal care; or
| ||
(18) the murder was committed by reason of any person's | ||
activity as a
community policing volunteer or to prevent | ||
any person from engaging in activity
as a community | ||
policing volunteer; or
| ||
(19) the murdered individual was subject to an order of | ||
protection and the
murder was committed by a person against | ||
whom the same order of protection was
issued under the | ||
Illinois Domestic Violence Act of 1986; or
| ||
(20) the murdered individual was known by the defendant | ||
to be a teacher or
other person employed in any school and | ||
the teacher or other employee is upon
the grounds of a | ||
school or grounds adjacent to a school, or is in any part | ||
of a
building used for school purposes; or
| ||
(21) the murder was committed by the defendant in | ||
connection with or as
a
result of the offense of terrorism | ||
as defined in Section 29D-14.9 of this
Code; or
| ||
(22) the murdered individual was a member of a |
congregation engaged in prayer or other religious | ||
activities at a church, synagogue, mosque, or other | ||
building, structure, or place used for religious worship. | ||
(b-5) Aggravating Factor; Natural Life Imprisonment. A | ||
defendant who has been found guilty of first degree murder and | ||
who at the time of the commission of the offense had attained | ||
the age of 18 years or more may be sentenced to natural life | ||
imprisonment if
(i) the murdered individual was a physician, | ||
physician assistant, psychologist, nurse, or advanced practice | ||
registered nurse, (ii) the defendant knew or should have
known | ||
that the murdered individual was a physician, physician | ||
assistant, psychologist, nurse, or advanced practice | ||
registered nurse, and (iii) the murdered individual was killed | ||
in the course of acting in his or her capacity as a physician, | ||
physician assistant, psychologist, nurse, or advanced practice | ||
registered nurse, or to prevent him or her from acting in that | ||
capacity, or in retaliation
for his or her acting in that | ||
capacity. | ||
(c) Consideration of factors in Aggravation and | ||
Mitigation.
| ||
The court shall consider, or shall instruct the jury to | ||
consider any
aggravating and any mitigating factors which are | ||
relevant to the
imposition of the death penalty. Aggravating | ||
factors may include but
need not be limited to those factors | ||
set forth in subsection (b).
Mitigating factors may include but | ||
need not be limited to the following:
|
(1) the defendant has no significant history of prior | ||
criminal
activity;
| ||
(2) the murder was committed while the defendant was | ||
under
the influence of extreme mental or emotional | ||
disturbance, although not such
as to constitute a defense | ||
to prosecution;
| ||
(3) the murdered individual was a participant in the
| ||
defendant's homicidal conduct or consented to the | ||
homicidal act;
| ||
(4) the defendant acted under the compulsion of threat | ||
or
menace of the imminent infliction of death or great | ||
bodily harm;
| ||
(5) the defendant was not personally present during
| ||
commission of the act or acts causing death;
| ||
(6) the defendant's background includes a history of | ||
extreme emotional
or physical abuse;
| ||
(7) the defendant suffers from a reduced mental | ||
capacity.
| ||
Provided, however, that an action that does not otherwise | ||
mitigate first degree murder cannot qualify as a mitigating | ||
factor for first degree murder because of the discovery, | ||
knowledge, or disclosure of the victim's sexual orientation as | ||
defined in Section 1-103 of the Illinois Human Rights Act. | ||
(d) Separate sentencing hearing.
| ||
Where requested by the State, the court shall conduct a | ||
separate
sentencing proceeding to determine the existence of |
factors set forth in
subsection (b) and to consider any | ||
aggravating or mitigating factors as
indicated in subsection | ||
(c). The proceeding shall be conducted:
| ||
(1) before the jury that determined the defendant's | ||
guilt; or
| ||
(2) before a jury impanelled for the purpose of the | ||
proceeding if:
| ||
A. the defendant was convicted upon a plea of | ||
guilty; or
| ||
B. the defendant was convicted after a trial before | ||
the court
sitting without a jury; or
| ||
C. the court for good cause shown discharges the | ||
jury that
determined the defendant's guilt; or
| ||
(3) before the court alone if the defendant waives a | ||
jury
for the separate proceeding.
| ||
(e) Evidence and Argument.
| ||
During the proceeding any information relevant to any of | ||
the factors
set forth in subsection (b) may be presented by | ||
either the State or the
defendant under the rules governing the | ||
admission of evidence at
criminal trials. Any information | ||
relevant to any additional aggravating
factors or any | ||
mitigating factors indicated in subsection (c) may be
presented | ||
by the State or defendant regardless of its admissibility
under | ||
the rules governing the admission of evidence at criminal | ||
trials.
The State and the defendant shall be given fair | ||
opportunity to rebut any
information received at the hearing.
|
(f) Proof.
| ||
The burden of proof of establishing the existence of any of | ||
the
factors set forth in subsection (b) is on the State and | ||
shall not be
satisfied unless established beyond a reasonable | ||
doubt.
| ||
(g) Procedure - Jury.
| ||
If at the separate sentencing proceeding the jury finds | ||
that none of
the factors set forth in subsection (b) exists, | ||
the court shall sentence
the defendant to a term of | ||
imprisonment under Chapter V of the Unified
Code of | ||
Corrections. If there is a unanimous finding by the jury that
| ||
one or more of the factors set forth in subsection (b) exist, | ||
the jury
shall consider aggravating and mitigating factors as | ||
instructed by the
court and shall determine whether the | ||
sentence of death shall be
imposed. If the jury determines | ||
unanimously, after weighing the factors in
aggravation and | ||
mitigation, that death is the appropriate sentence, the court | ||
shall sentence the defendant to death.
If the court does not | ||
concur with the jury determination that death is the
| ||
appropriate sentence, the court shall set forth reasons in | ||
writing
including what facts or circumstances the court relied | ||
upon,
along with any relevant
documents, that compelled the | ||
court to non-concur with the sentence. This
document and any | ||
attachments shall be part of the record for appellate
review. | ||
The court shall be bound by the jury's sentencing | ||
determination.
|
If after weighing the factors in aggravation and | ||
mitigation, one or more
jurors determines that death is not the | ||
appropriate sentence,
the
court shall sentence the defendant to | ||
a term of imprisonment under
Chapter V of the Unified Code of | ||
Corrections.
| ||
(h) Procedure - No Jury.
| ||
In a proceeding before the court alone, if the court finds | ||
that none
of the factors found in subsection (b) exists, the | ||
court shall sentence
the defendant to a term of imprisonment | ||
under Chapter V of the Unified
Code of Corrections.
| ||
If the Court determines that one or more of the factors set | ||
forth in
subsection (b) exists, the Court shall consider any | ||
aggravating and
mitigating factors as indicated in subsection | ||
(c). If the Court
determines, after weighing the factors in | ||
aggravation and mitigation, that
death is the appropriate | ||
sentence, the Court shall sentence the
defendant to death.
| ||
If
the court finds that death is not the
appropriate | ||
sentence, the
court shall sentence the defendant to a term of | ||
imprisonment under
Chapter V of the Unified Code of | ||
Corrections.
| ||
(h-5) Decertification as a capital case.
| ||
In a case in which the defendant has been found guilty of | ||
first degree murder
by a judge or jury, or a case on remand for | ||
resentencing, and the State seeks
the death penalty as an | ||
appropriate
sentence,
on the court's own motion or the written | ||
motion of the defendant, the court
may decertify the case as a |
death penalty case if the court finds that the only
evidence | ||
supporting the defendant's conviction is the uncorroborated | ||
testimony
of an informant witness, as defined in Section 115-21 | ||
of the Code of Criminal
Procedure of 1963, concerning the | ||
confession or admission of the defendant or
that the sole | ||
evidence against the defendant is a single eyewitness or single
| ||
accomplice without any other corroborating evidence.
If the | ||
court decertifies the case as a capital case
under either of | ||
the grounds set forth above, the court shall issue a
written | ||
finding. The State may pursue its right to appeal the | ||
decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||
the court does not
decertify the case as a capital case, the | ||
matter shall proceed to the
eligibility phase of the sentencing | ||
hearing.
| ||
(i) Appellate Procedure.
| ||
The conviction and sentence of death shall be subject to | ||
automatic
review by the Supreme Court. Such review shall be in | ||
accordance with
rules promulgated by the Supreme Court.
The | ||
Illinois Supreme Court may overturn the death sentence, and | ||
order the
imposition of imprisonment under Chapter V of the | ||
Unified Code of
Corrections if the court finds that the death | ||
sentence is fundamentally
unjust as applied to the particular | ||
case.
If the Illinois Supreme Court finds that the
death | ||
sentence is fundamentally unjust as applied to the particular | ||
case,
independent of any procedural grounds for relief, the | ||
Illinois Supreme Court
shall issue a written opinion explaining |
this finding.
| ||
(j) Disposition of reversed death sentence.
| ||
In the event that the death penalty in this Act is held to | ||
be
unconstitutional by the Supreme Court of the United States | ||
or of the
State of Illinois, any person convicted of first | ||
degree murder shall be
sentenced by the court to a term of | ||
imprisonment under Chapter V of the
Unified Code of | ||
Corrections.
| ||
In the event that any death sentence pursuant to the | ||
sentencing
provisions of this Section is declared | ||
unconstitutional by the Supreme
Court of the United States or | ||
of the State of Illinois, the court having
jurisdiction over a | ||
person previously sentenced to death shall cause the
defendant | ||
to be brought before the court, and the court shall sentence
| ||
the defendant to a term of imprisonment under Chapter V of the
| ||
Unified Code of Corrections.
| ||
(k) Guidelines for seeking the death penalty.
| ||
The Attorney General and
State's Attorneys Association | ||
shall consult on voluntary guidelines for
procedures governing | ||
whether or not to seek the death penalty. The guidelines
do not
| ||
have the force of law and are only advisory in nature.
| ||
(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18; | ||
100-863, eff. 8-14-18; 101-223, eff. 1-1-20 .)
| ||
(720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
| ||
Sec. 33-3. Official
misconduct. |
(a) A public officer or employee or special government | ||
agent commits misconduct
when, in his official capacity or | ||
capacity as a special government agent, he or she commits any | ||
of the following acts:
| ||
(1) Intentionally or recklessly fails to perform any | ||
mandatory duty as
required by law; or
| ||
(2) Knowingly performs an act which he knows he is | ||
forbidden by law to
perform; or
| ||
(3) With intent to obtain a personal advantage for | ||
himself or another,
he performs an act in excess of his | ||
lawful authority; or
| ||
(4) Solicits or knowingly accepts for the performance | ||
of any act a fee
or reward which he knows is not authorized | ||
by law.
| ||
(b) An employee of a law enforcement agency commits | ||
misconduct when he or she knowingly uses or communicates, | ||
directly or indirectly, information acquired in the course of | ||
employment, with the intent to obstruct, impede, or prevent the | ||
investigation, apprehension, or prosecution of any criminal | ||
offense or person. Nothing in this subsection (b) shall be | ||
construed to impose liability for communicating to a | ||
confidential resource, who is participating or aiding law | ||
enforcement, in an ongoing investigation. | ||
(c) A public officer or employee or special government | ||
agent
convicted of violating any provision of
this Section | ||
forfeits his or her office or employment or position as a |
special government agent. In addition, he or she commits a
| ||
Class
3 felony. | ||
(d) For purposes of this Section : | ||
"Special , "special government agent" has the meaning | ||
ascribed to it in subsection (l) of Section 4A-101 of the | ||
Illinois Governmental Ethics Act.
| ||
(Source: P.A. 98-867, eff. 1-1-15 .)
| ||
(720 ILCS 5/33-9 new) | ||
Sec. 33-9. Law enforcement misconduct. | ||
(a) A law enforcement officer or a person acting on behalf | ||
of a law enforcement officer commits law enforcement misconduct | ||
when, in the performance of his or her official duties, he or | ||
she knowingly and intentionally: | ||
(1) misrepresents or fails to provide facts describing | ||
an incident in any report or during any investigations | ||
regarding the law enforcement employee's conduct; | ||
(2) withholds any knowledge of the misrepresentations | ||
of another law enforcement officer from the law enforcement | ||
employee's supervisor, investigator, or other person or | ||
entity tasked with holding the law enforcement officer | ||
accountable; or | ||
(3) fails to comply with State law or their department | ||
policy requiring the use of officer-worn body cameras. | ||
(b) Sentence. Law enforcement misconduct is a Class 3 | ||
felony. |
Section 10-255. The Code of Criminal Procedure of 1963 is | ||
amended by changing the heading of Article 110 by changing | ||
Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17, | ||
106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1, | ||
110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2, | ||
110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1, | ||
115-4.1, and 122-6 and by adding Section 110-1.5 as follows:
| ||
(725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
| ||
Sec. 102-6. Pretrial release "Bail" .
| ||
"Pretrial release" "Bail" has the meaning ascribed to bail | ||
in Section 9 of Article I of the Illinois Constitution that is | ||
non-monetary means the amount of money set by the court which | ||
is required to
be obligated and secured as provided by law for | ||
the release of a person in
custody in order that he will appear | ||
before the court in which his
appearance may be required and | ||
that he will comply with such conditions as
set forth in the | ||
bail bond .
| ||
(Source: Laws 1963, p. 2836.)
| ||
(725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
| ||
Sec. 102-7.
Conditions of pretrial release "Bail
bond" .
| ||
"Conditions of pretrial release" "Bail bond" means the | ||
conditions established by the court an undertaking secured by | ||
bail entered into by a
person in custody by which he binds |
himself to comply with such conditions
as are set forth | ||
therein.
| ||
(Source: Laws 1963, p. 2836.)
| ||
(725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
| ||
Sec. 103-5. Speedy trial.) | ||
(a) Every person in custody in this State for an alleged | ||
offense shall
be tried by the court having jurisdiction within | ||
120 days from the date he or she
was taken into custody unless | ||
delay is occasioned by the defendant, by an
examination for | ||
fitness ordered pursuant to Section 104-13 of this Act, by
a | ||
fitness hearing, by an adjudication of unfitness to stand | ||
trial, by a
continuance allowed pursuant to Section 114-4 of | ||
this Act after a court's
determination of the defendant's | ||
physical incapacity for trial, or by an
interlocutory appeal. | ||
Delay shall be considered to be agreed to by the
defendant | ||
unless he or she objects to the delay by making a written | ||
demand for
trial or an oral demand for trial on the record. The | ||
provisions of this subsection
(a) do not apply to a person on | ||
pretrial release bail or recognizance for an offense
but who is | ||
in custody for a violation of his or her parole, aftercare | ||
release, or mandatory
supervised release for another offense.
| ||
The 120-day term must be one continuous period of | ||
incarceration. In
computing the 120-day term, separate periods | ||
of incarceration may not be
combined. If a defendant is taken | ||
into custody a second (or subsequent) time
for the same |
offense, the term will begin again at day zero.
| ||
(b) Every person on pretrial release bail or recognizance | ||
shall be tried by the court
having jurisdiction within 160 days | ||
from the date defendant demands
trial unless delay is | ||
occasioned by the defendant, by an examination for
fitness | ||
ordered pursuant to Section 104-13 of this Act, by a fitness
| ||
hearing, by an adjudication of unfitness to stand trial, by a | ||
continuance
allowed pursuant to Section 114-4 of this Act after | ||
a court's determination
of the defendant's physical incapacity | ||
for trial, or by an interlocutory
appeal. The defendant's | ||
failure to appear for any court date set by the
court operates | ||
to waive the defendant's demand for trial made under this
| ||
subsection.
| ||
For purposes of computing the 160 day period under this | ||
subsection (b),
every person who was in custody for an alleged | ||
offense and demanded trial
and is subsequently released on | ||
pretrial release bail or recognizance and demands trial,
shall | ||
be given credit for time spent in custody following the making | ||
of the
demand while in custody. Any demand for trial made under | ||
this
subsection (b)
shall be in writing; and in the
case of a | ||
defendant not in custody, the
demand for trial shall include | ||
the date of any prior demand made under this
provision while | ||
the defendant was in custody.
| ||
(c) If the court determines that the State has exercised | ||
without
success due diligence to obtain evidence material to | ||
the case and that
there are reasonable grounds to believe that |
such evidence may be
obtained at a later day the court may | ||
continue the cause on application
of the State for not more | ||
than an additional 60 days. If the court
determines that the | ||
State has exercised without success due diligence to
obtain | ||
results of DNA testing that is material to the case and that | ||
there
are reasonable grounds to believe that such results may | ||
be obtained at a
later day, the court may continue the cause on | ||
application of the State for
not more than an additional 120 | ||
days.
| ||
(d) Every person not tried in accordance with subsections | ||
(a), (b)
and (c) of this Section shall be discharged from | ||
custody or released
from the obligations of his pretrial | ||
release bail or recognizance.
| ||
(e) If a person is simultaneously in custody upon more than | ||
one
charge pending against him in the same county, or | ||
simultaneously demands
trial upon more than one charge pending | ||
against him in the same county,
he shall be tried, or adjudged | ||
guilty after waiver of trial, upon at
least one such charge | ||
before expiration relative to any of such pending
charges of | ||
the period prescribed by subsections (a) and (b) of this
| ||
Section. Such person shall be tried upon all of the remaining | ||
charges
thus pending within 160 days from the date on which | ||
judgment relative to
the first charge thus prosecuted is | ||
rendered pursuant to the Unified Code of
Corrections or, if | ||
such trial upon such first charge is terminated
without | ||
judgment and there is no subsequent trial of, or adjudication |
of
guilt after waiver of trial of, such first charge within a | ||
reasonable
time, the person shall be tried upon all of the | ||
remaining charges thus
pending within 160 days from the date on | ||
which such trial is terminated;
if either such period of 160 | ||
days expires without the commencement of
trial of, or | ||
adjudication of guilt after waiver of trial of, any of such
| ||
remaining charges thus pending, such charge or charges shall be
| ||
dismissed and barred for want of prosecution unless delay is | ||
occasioned
by the defendant, by an examination for fitness | ||
ordered pursuant to
Section 104-13 of this Act, by a fitness | ||
hearing, by an adjudication
of unfitness for trial, by a | ||
continuance allowed pursuant to Section
114-4 of this Act after | ||
a court's determination of the defendant's
physical incapacity | ||
for trial, or by an interlocutory appeal; provided,
however, | ||
that if the court determines that the State has exercised
| ||
without success due diligence to obtain evidence material to | ||
the case
and that there are reasonable grounds to believe that | ||
such evidence may
be obtained at a later day the court may | ||
continue the cause on
application of the State for not more | ||
than an additional 60 days.
| ||
(f) Delay occasioned by the defendant shall temporarily | ||
suspend for
the time of the delay the period within which a | ||
person shall be tried as
prescribed by subsections (a), (b), or | ||
(e) of this Section and on the
day of expiration of the delay | ||
the said period shall continue at the
point at which it was | ||
suspended. Where such delay occurs within 21 days
of the end of |
the period within which a person shall be tried as
prescribed | ||
by subsections (a), (b), or (e) of this Section, the court
may | ||
continue the cause on application of the State for not more | ||
than an
additional 21 days beyond the period prescribed by | ||
subsections (a), (b), or
(e). This subsection (f) shall become | ||
effective on, and apply to persons
charged with alleged | ||
offenses committed on or after, March 1, 1977.
| ||
(Source: P.A. 98-558, eff. 1-1-14.)
| ||
(725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
| ||
Sec. 103-7. Posting notice of rights.
| ||
Every sheriff, chief of police or other person who is in | ||
charge of any
jail, police station or other building where | ||
persons under arrest are held
in custody pending investigation, | ||
pretrial release bail or other criminal proceedings, shall
post | ||
in every room, other than cells, of such buildings where | ||
persons are
held in custody, in conspicuous places where it may | ||
be seen and read by
persons in custody and others, a poster, | ||
printed in large type, containing
a verbatim copy in the | ||
English language of the provisions of Sections 103-2,
103-3, | ||
103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
| ||
Sections 110-7 and 113-3 of this Code. Each person who is in | ||
charge of
any courthouse or other building in which any trial | ||
of an offense is
conducted shall post in each room primarily | ||
used for such trials and in
each room in which defendants are | ||
confined or wait, pending trial, in
conspicuous places where it |
may be seen and read by persons in custody and
others, a | ||
poster, printed in large type, containing a verbatim copy in | ||
the
English language of the provisions of Sections 103-6, | ||
113-1, 113-4 and
115-1 and of subparts (a) and (b) of Section | ||
113-3 of this Code.
| ||
(Source: Laws 1965, p. 2622 .)
| ||
(725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
| ||
Sec. 103-9. Bail bondsmen. No bail bondsman from any state | ||
may seize
or transport unwillingly any person found in this | ||
State who is allegedly in
violation of a bail bond posted in | ||
some other state or conditions of pretrial release . The return | ||
of any
such person to another state may be accomplished only as | ||
provided by the
laws of this State. Any bail bondsman who | ||
violates this Section is fully
subject to the criminal and | ||
civil penalties provided by the laws of this
State for his | ||
actions.
| ||
(Source: P.A. 84-694.)
| ||
(725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
| ||
Sec. 104-13. Fitness Examination.
| ||
(a) When the issue of fitness involves
the defendant's | ||
mental condition, the court shall order an examination of
the | ||
defendant by one or more licensed physicians, clinical | ||
psychologists,
or psychiatrists chosen by the court. No | ||
physician, clinical
psychologist or psychiatrist employed by |
the Department of Human Services shall
be ordered to perform,
| ||
in his official capacity, an examination under this Section.
| ||
(b) If the issue of fitness involves the defendant's | ||
physical condition,
the court shall appoint one or more | ||
physicians and in addition, such other
experts as it may deem | ||
appropriate to examine the defendant and to report
to the court | ||
regarding the defendant's condition.
| ||
(c) An examination ordered under this Section shall be | ||
given at the place
designated by the person who will conduct | ||
the examination, except that if
the defendant is being held in | ||
custody, the examination shall take place
at such location as | ||
the court directs. No examinations under this
Section shall be | ||
ordered to take place at mental health or developmental
| ||
disabilities facilities operated by the Department of Human | ||
Services.
If the defendant fails to keep appointments
without | ||
reasonable cause or if the person conducting the examination | ||
reports
to the court that diagnosis requires hospitalization or | ||
extended observation,
the court may order the defendant | ||
admitted to an appropriate facility for
an examination, other | ||
than a screening examination, for not more than 7
days. The | ||
court may, upon a showing of good cause, grant an additional
7 | ||
days to complete the examination.
| ||
(d) Release on pretrial release bail or on recognizance | ||
shall not be revoked and an
application therefor shall not be | ||
denied on the grounds that an examination
has been ordered.
| ||
(e) Upon request by the defense and if the defendant is |
indigent, the
court may appoint, in addition to the expert or | ||
experts chosen pursuant to
subsection (a) of this Section, a | ||
qualified expert selected by the defendant
to examine him and | ||
to make a report as provided in Section 104-15. Upon
the filing | ||
with the court of a verified statement of services rendered, | ||
the
court shall enter an order on the county board to pay such | ||
expert a
reasonable fee stated in the order.
| ||
(Source: P.A. 89-507, eff. 7-1-97.)
| ||
(725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| ||
Sec. 104-17. Commitment for treatment; treatment plan.
| ||
(a) If the defendant
is eligible to be or has been released | ||
on pretrial release bail or on his own recognizance,
the court | ||
shall select the least physically restrictive form of treatment
| ||
therapeutically appropriate and consistent with the treatment | ||
plan. The placement may be ordered either on an inpatient or an | ||
outpatient basis.
| ||
(b) If the defendant's disability is mental, the court may | ||
order him placed
for treatment in the custody of the Department | ||
of Human Services, or the court may order him placed in
the | ||
custody of any other
appropriate public or private mental | ||
health facility or treatment program
which has agreed to | ||
provide treatment to the defendant. If the court orders the | ||
defendant placed in the custody of the Department of Human | ||
Services, the Department shall evaluate the defendant to | ||
determine to which secure facility the defendant shall be |
transported and, within 20 days of the transmittal by the clerk | ||
of the circuit court of the placement court order, notify the | ||
sheriff of the designated facility. Upon receipt of that | ||
notice, the sheriff shall promptly transport the defendant to | ||
the designated facility. If the defendant
is placed in the | ||
custody of the Department of Human Services, the defendant | ||
shall be placed in a
secure setting. During
the period of time | ||
required to determine the appropriate placement the
defendant | ||
shall remain in jail. If during the course of evaluating the | ||
defendant for placement, the Department of Human Services | ||
determines that the defendant is currently fit to stand trial, | ||
it shall immediately notify the court and shall submit a | ||
written report within 7 days. In that circumstance the | ||
placement shall be held pending a court hearing on the | ||
Department's report. Otherwise, upon completion of the | ||
placement process, the
sheriff shall be notified and shall | ||
transport the defendant to the designated
facility. If, within | ||
20 days of the transmittal by the clerk of the circuit court of | ||
the placement court order, the Department fails to notify the | ||
sheriff of the identity of the facility to which the defendant | ||
shall be transported, the sheriff shall contact a designated | ||
person within the Department to inquire about when a placement | ||
will become available at the designated facility and bed | ||
availability at other facilities. If, within
20 days of the | ||
transmittal by the clerk of the circuit court of the placement | ||
court order, the Department
fails to notify the sheriff of the |
identity of the facility to
which the defendant shall be | ||
transported, the sheriff shall
notify the Department of its | ||
intent to transfer the defendant to the nearest secure mental | ||
health facility operated by the Department and inquire as to | ||
the status of the placement evaluation and availability for | ||
admission to such facility operated by the Department by | ||
contacting a designated person within the Department. The | ||
Department shall respond to the sheriff within 2 business days | ||
of the notice and inquiry by the sheriff seeking the transfer | ||
and the Department shall provide the sheriff with the status of | ||
the evaluation, information on bed and placement availability, | ||
and an estimated date of admission for the defendant and any | ||
changes to that estimated date of admission. If the Department | ||
notifies the sheriff during the 2 business day period of a | ||
facility operated by the Department with placement | ||
availability, the sheriff shall promptly transport the | ||
defendant to that facility. The placement may be ordered either | ||
on an inpatient or an outpatient
basis.
| ||
(c) If the defendant's disability is physical, the court | ||
may order him
placed under the supervision of the Department of | ||
Human
Services
which shall place and maintain the defendant in | ||
a suitable treatment facility
or program, or the court may | ||
order him placed in an appropriate public or
private facility | ||
or treatment program which has agreed to provide treatment
to | ||
the defendant. The placement may be ordered either on an | ||
inpatient or
an outpatient basis.
|
(d) The clerk of the circuit court shall within 5 days of | ||
the entry of the order transmit to the Department, agency
or | ||
institution, if any, to which the defendant is remanded for | ||
treatment, the
following:
| ||
(1) a certified copy of the order to undergo treatment. | ||
Accompanying the certified copy of the order to undergo | ||
treatment shall be the complete copy of any report prepared | ||
under Section 104-15 of this Code or other report prepared | ||
by a forensic examiner for the court;
| ||
(2) the county and municipality in which the offense | ||
was committed;
| ||
(3) the county and municipality in which the arrest | ||
took place; | ||
(4) a copy of the arrest report, criminal charges, | ||
arrest record; and
| ||
(5) all additional matters which the Court directs the | ||
clerk to transmit.
| ||
(e) Within 30 days of entry of an order to undergo | ||
treatment, the person
supervising the defendant's treatment | ||
shall file with the court, the State,
and the defense a report | ||
assessing the facility's or program's capacity
to provide | ||
appropriate treatment for the defendant and indicating his | ||
opinion
as to the probability of the defendant's attaining | ||
fitness within a period
of time from the date of the finding of | ||
unfitness. For a defendant charged with a felony, the period of | ||
time shall be one year. For a defendant charged with a |
misdemeanor, the period of time shall be no longer than the | ||
sentence if convicted of the most serious offense. If the | ||
report indicates
that there is a substantial probability that | ||
the defendant will attain fitness
within the time period, the | ||
treatment supervisor shall also file a treatment
plan which | ||
shall include:
| ||
(1) A diagnosis of the defendant's disability;
| ||
(2) A description of treatment goals with respect to | ||
rendering the
defendant
fit, a specification of the | ||
proposed treatment modalities, and an estimated
timetable | ||
for attainment of the goals;
| ||
(3) An identification of the person in charge of | ||
supervising the
defendant's
treatment.
| ||
(Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18 .)
| ||
(725 ILCS 5/106D-1)
| ||
Sec. 106D-1. Defendant's appearance by closed circuit | ||
television and video conference.
| ||
(a) Whenever the appearance in person in court, in either a | ||
civil or criminal proceeding, is required of anyone held in a | ||
place of custody or confinement operated by the State or any of | ||
its political subdivisions, including counties and | ||
municipalities, the chief judge of the circuit by rule may | ||
permit the personal appearance to be made by means of two-way | ||
audio-visual communication, including closed circuit | ||
television and computerized video conference, in the following |
proceedings: | ||
(1) the initial appearance before a judge on a criminal | ||
complaint, at which the conditions of pretrial release bail | ||
will be set; | ||
(2) the waiver of a preliminary hearing; | ||
(3) the arraignment on an information or indictment at | ||
which a plea of not guilty will be entered; | ||
(4) the presentation of a jury waiver; | ||
(5) any status hearing; | ||
(6) any hearing conducted under the Sexually Violent | ||
Persons Commitment Act at which no witness testimony will | ||
be taken; and | ||
(7) at any hearing conducted under the Sexually Violent | ||
Persons Commitment Act at which no witness testimony will | ||
be taken.
| ||
(b) The two-way audio-visual communication facilities must | ||
provide two-way audio-visual communication between the court | ||
and the place of custody or confinement, and must include a | ||
secure line over which the person in custody and his or her | ||
counsel, if any, may communicate. | ||
(c) Nothing in this Section shall be construed to prohibit | ||
other court appearances through the use of two-way audio-visual | ||
communication, upon waiver of any right the person in custody | ||
or confinement may have to be present physically. | ||
(d) Nothing in this Section shall be construed to establish | ||
a right of any person held in custody or confinement to appear |
in court through two-way audio-visual communication or to | ||
require that any governmental entity, or place of custody or | ||
confinement, provide two-way audio-visual communication.
| ||
(Source: P.A. 95-263, eff. 8-17-07 .)
| ||
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
| ||
Sec. 107-4. Arrest by peace officer from other | ||
jurisdiction.
| ||
(a) As used in this Section:
| ||
(1) "State" means any State of the United States and | ||
the District of
Columbia.
| ||
(2) "Peace Officer" means any peace officer or member | ||
of any duly
organized State, County, or Municipal peace | ||
unit, any police force of another
State, the United States | ||
Department of Defense, or any police force whose members, | ||
by statute, are granted and authorized to exercise powers | ||
similar to those conferred upon any peace officer employed | ||
by a law enforcement agency of this State.
| ||
(3) "Fresh pursuit" means the immediate pursuit of a | ||
person who is
endeavoring to avoid arrest.
| ||
(4) "Law enforcement agency" means a municipal police | ||
department or
county
sheriff's office of this State.
| ||
(a-3) Any peace officer employed by a law enforcement | ||
agency of this State
may conduct temporary questioning pursuant | ||
to Section 107-14 of this Code and
may make arrests in any | ||
jurisdiction within this State: (1) if the officer is
engaged |
in the investigation of criminal activity that occurred in the | ||
officer's
primary jurisdiction and the temporary questioning | ||
or arrest relates to, arises from, or is conducted pursuant to | ||
that investigation; or (2) if the officer, while on duty as a
| ||
peace officer, becomes personally aware of the immediate | ||
commission of a felony
or misdemeanor violation of the laws of | ||
this State; or (3) if
the officer, while on duty as a peace | ||
officer, is requested by an
appropriate State or local law | ||
enforcement official to render aid or
assistance to the | ||
requesting law enforcement agency that is outside the
officer's | ||
primary jurisdiction; or (4) in accordance with Section | ||
2605-580 of the Department of State Police Law of the
Civil | ||
Administrative Code of Illinois. While acting pursuant to this | ||
subsection, an
officer has the same authority as within his or | ||
her
own jurisdiction.
| ||
(a-7) The law enforcement agency of the county or | ||
municipality in which any
arrest is made under this Section | ||
shall be immediately notified of the
arrest.
| ||
(b) Any peace officer of another State who enters this | ||
State in
fresh
pursuit and continues within this State in fresh | ||
pursuit of a person in
order to arrest him on the ground that | ||
he has committed an offense in the
other State has the same | ||
authority to arrest and hold the person in custody
as peace | ||
officers of this State have to arrest and hold a person in | ||
custody
on the ground that he has committed an offense in this | ||
State.
|
(c) If an arrest is made in this State by a peace officer | ||
of
another
State in accordance with the provisions of this | ||
Section he shall without
unnecessary delay take the person | ||
arrested before the circuit court of the
county in which the | ||
arrest was made. Such court shall conduct a hearing for
the | ||
purpose of determining the lawfulness of the arrest. If the | ||
court
determines that the arrest was lawful it shall commit the | ||
person arrested,
to await for a reasonable time the issuance of | ||
an extradition warrant by
the Governor of this State, or admit | ||
him to pretrial release bail for such purpose. If the
court | ||
determines that the arrest was unlawful it shall discharge the | ||
person
arrested.
| ||
(Source: P.A. 98-576, eff. 1-1-14.)
| ||
(725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
| ||
Sec. 107-9. Issuance of arrest warrant upon complaint.
| ||
(a) When a complaint is presented to a court charging that | ||
an offense
has been committed it shall examine upon oath or | ||
affirmation the
complainant or any witnesses.
| ||
(b) The complaint shall be in writing and shall:
| ||
(1) State the name of the accused if known, and if not | ||
known the accused
may be designated by any name or | ||
description by which he can be identified
with reasonable | ||
certainty;
| ||
(2) State the offense with which the accused is | ||
charged;
|
(3) State the time and place of the offense as | ||
definitely as can be done
by the complainant; and
| ||
(4) Be subscribed and sworn to by the complainant.
| ||
(b-5) If an arrest warrant is sought and the request is | ||
made by electronic means that has a simultaneous video and | ||
audio transmission between the requester and a judge, the judge | ||
may issue an arrest warrant based upon a sworn complaint or | ||
sworn testimony communicated in the transmission. | ||
(c) A warrant shall be issued by the court for the arrest | ||
of the person
complained against if it appears from the | ||
contents of the complaint and the
examination of the | ||
complainant or other witnesses, if any, that the person
against | ||
whom the complaint was made has committed an offense.
| ||
(d) The warrant of arrest shall:
| ||
(1) Be in writing;
| ||
(2) Specify the name, sex and birth date of the person | ||
to be arrested
or if his name, sex or birth date is | ||
unknown, shall designate such person
by any name or | ||
description by which he can be identified with reasonable
| ||
certainty;
| ||
(3) Set forth the nature of the offense;
| ||
(4) State the date when issued and the municipality or | ||
county where
issued;
| ||
(5) Be signed by the judge of the court with the title | ||
of his office;
| ||
(6) Command that the person against whom the complaint |
was made be
arrested and brought before the court issuing | ||
the warrant or if he is
absent or unable to act before the | ||
nearest or most accessible court in the
same county;
| ||
(7) Specify the conditions of pretrial release amount | ||
of bail ; and
| ||
(8) Specify any geographical limitation placed on the | ||
execution of the
warrant, but such limitation shall not be | ||
expressed in mileage.
| ||
(e) The warrant shall be directed to all peace officers in | ||
the State. It
shall be executed by the peace officer, or by a | ||
private person specially
named therein, at any location within | ||
the geographic limitation for
execution placed on the warrant. | ||
If no geographic limitation is placed on
the warrant, then it | ||
may be executed anywhere in the State.
| ||
(f) The arrest warrant may be issued electronically or | ||
electromagnetically by
use of electronic mail or a facsimile | ||
transmission machine and any arrest warrant shall have the
same | ||
validity as a written warrant.
| ||
(Source: P.A. 101-239, eff. 1-1-20 .)
| ||
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| ||
Sec. 109-1. Person arrested ; release from law enforcement | ||
custody and court appearance; geographical constraints prevent | ||
in-person appearances .
| ||
(a) A person arrested with or without a warrant for an | ||
offense for which pretrial release may be denied under |
paragraphs (1) through (6) of Section 110-6.1 shall be taken | ||
without
unnecessary delay before the nearest and most | ||
accessible judge
in that county, except when such county is a | ||
participant in a
regional jail authority, in which event such | ||
person may be taken to the
nearest and most accessible judge, | ||
irrespective of the county where such
judge presides,
and a | ||
charge shall be filed.
Whenever a person arrested either with | ||
or without a warrant is required
to be taken
before a judge, a | ||
charge
may be filed against such person by way of a two-way | ||
closed circuit
television system, except that a hearing to deny | ||
pretrial release bail to the defendant may
not be conducted by | ||
way of closed circuit television.
| ||
(a-1) Law enforcement shall issue a citation in lieu of | ||
custodial arrest, upon proper identification, for those | ||
accused of traffic and Class B and C criminal misdemeanor | ||
offenses, or of petty and business offenses, who pose no | ||
obvious threat to the community or any person, or who have no | ||
obvious medical or mental health issues that pose a risk to | ||
their own safety. Those released on citation shall be scheduled | ||
into court within 21 days. | ||
(a-3) A person arrested with or without a warrant for an | ||
offense for which pretrial release may not be denied may, | ||
except as otherwise provided in this Code, be released by the | ||
officer without appearing before a judge. The releasing officer | ||
shall issue the person a summons to appear within 21 days. A | ||
presumption in favor of pretrial release shall by applied by an |
arresting officer in the exercise of his or her discretion | ||
under this Section. | ||
(a-5) A person charged with an offense shall be allowed | ||
counsel at the hearing at which pretrial release bail is | ||
determined under Article 110 of this Code. If the defendant | ||
desires counsel for his or her initial appearance but is unable | ||
to obtain counsel, the court shall appoint a public defender or | ||
licensed attorney at law of this State to represent him or her | ||
for purposes of that hearing. | ||
(b) Upon initial appearance of a person before the court, | ||
the The judge shall:
| ||
(1) inform Inform the defendant of the charge against | ||
him and shall provide him
with a copy of the charge;
| ||
(2) advise Advise the defendant of his right to counsel | ||
and if indigent shall
appoint a public defender or licensed | ||
attorney at law of this State to
represent him in | ||
accordance with the provisions of Section 113-3 of this
| ||
Code;
| ||
(3) schedule Schedule a preliminary hearing in | ||
appropriate cases;
| ||
(4) admit Admit the defendant to pretrial release bail | ||
in accordance with the provisions of
Article 110/5 110 of | ||
this Code , or upon verified petition of the State, proceed | ||
with the setting of a detention hearing as provided in | ||
Section 110-6.1 ; and
| ||
(5) Order the confiscation of the person's passport or |
impose travel restrictions on a defendant arrested for | ||
first degree murder or other violent crime as defined in | ||
Section 3 of the Rights of Crime Victims and Witnesses Act, | ||
if the judge determines, based on the factors in Section | ||
110-5 of this Code, that this will reasonably ensure the | ||
appearance of the defendant and compliance by the defendant | ||
with all conditions of release. | ||
(c) The court may issue an order of protection in | ||
accordance with
the provisions of Article 112A of this Code. | ||
Crime victims shall be given notice by the State's Attorney's | ||
office of this hearing as required in paragraph (2) of | ||
subsection (b) of the Rights of Crime Victims and Witnesses Act | ||
and shall be informed of their opportunity at this hearing to | ||
obtain an order of protection under Article 112A of this Code.
| ||
(d) At the initial appearance of a defendant in any | ||
criminal proceeding, the court must advise the defendant in | ||
open court that any foreign national who is arrested or | ||
detained has the right to have notice of the arrest or | ||
detention given to his or her country's consular | ||
representatives and the right to communicate with those | ||
consular representatives if the notice has not already been | ||
provided. The court must make a written record of so advising | ||
the defendant. | ||
(e) If consular notification is not provided to a defendant | ||
before his or her first appearance in court, the court shall | ||
grant any reasonable request for a continuance of the |
proceedings to allow contact with the defendant's consulate. | ||
Any delay caused by the granting of the request by a defendant | ||
shall temporarily suspend for the time of the delay the period | ||
within which a person shall be tried as prescribed by | ||
subsections (a), (b), or (e) of Section 103-5 of this Code and | ||
on the day of the expiration of delay the period shall continue | ||
at the point at which it was suspended. | ||
(f) At the hearing at which conditions of pretrial release | ||
are determined, the person charged shall be present in person | ||
rather than by video phone or any other form of electronic | ||
communication, unless the physical health and safety of the | ||
person would be endangered by appearing in court or the accused | ||
waives the right to be present in person. | ||
(g) Defense counsel shall be given adequate opportunity to | ||
confer with Defendant prior to any hearing in which conditions | ||
of release or the detention of the Defendant is to be | ||
considered, with a physical accommodation made to facilitate | ||
attorney/client consultation. | ||
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, | ||
eff. 1-1-18 .)
| ||
(725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
| ||
Sec. 109-2. Person arrested in another county. (a) Any | ||
person arrested in a county other than the one in which a | ||
warrant
for his arrest was issued shall be taken without | ||
unnecessary delay before
the nearest and most accessible judge |
in the county where the arrest was
made or, if no additional | ||
delay is created, before the nearest and most
accessible judge | ||
in the county from which the warrant was issued. Upon arrival | ||
in the county in which the warrant was issued, the status of | ||
the arrested person's release status shall be determined by the | ||
release revocation process described in Section 110-6. He
shall | ||
be admitted to bail in the amount specified in the warrant or, | ||
for
offenses other than felonies, in an amount as set by the | ||
judge, and such
bail shall be conditioned on his appearing in | ||
the court issuing the warrant
on a certain date. The judge may | ||
hold a hearing to determine if the
defendant is the same person | ||
as named in the warrant.
| ||
(b) Notwithstanding the provisions of subsection (a), any | ||
person
arrested in a county other than the one in which a | ||
warrant for his arrest
was issued, may waive the right to be | ||
taken before a judge in the county
where the arrest was made. | ||
If a person so arrested waives such right, the
arresting agency | ||
shall surrender such person to a law enforcement agency of
the | ||
county that issued the warrant without unnecessary delay. The
| ||
provisions of Section 109-1 shall then apply to the person so | ||
arrested.
| ||
(c) If a defendant is charged with a felony offense, but | ||
has a warrant in another county, the defendant shall be taken | ||
to the county that issued the warrant within 72 hours of the | ||
completion of condition or detention hearing, so that release | ||
or detention status can be resolved. This provision shall not |
apply to warrants issued outside of Illinois. | ||
(Source: P.A. 86-298.)
| ||
(725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
| ||
Sec. 109-3. Preliminary examination.)
| ||
(a) The judge shall hold the defendant to answer to the | ||
court having
jurisdiction of the offense if from the evidence | ||
it appears there is
probable cause to believe an offense has | ||
been committed by the
defendant, as provided in Section 109-3.1 | ||
of this Code, if the offense is a felony.
| ||
(b) If the defendant waives preliminary examination the | ||
judge shall hold
him to answer and may, or on the demand of the | ||
prosecuting attorney shall,
cause the witnesses for the State | ||
to be examined. After hearing the
testimony if it appears that | ||
there is not probable cause to believe the
defendant guilty of | ||
any offense the judge shall discharge him.
| ||
(c) During the examination of any witness or when the | ||
defendant is
making a statement or testifying the judge may and | ||
on the request of the
defendant or State shall exclude all | ||
other witnesses. He may also cause the
witnesses to be kept | ||
separate and to be prevented from communicating with
each other | ||
until all are examined.
| ||
(d) If the defendant is held to answer the judge may | ||
require any
material witness for the State or defendant to | ||
enter into a written
undertaking to appear at the trial, and | ||
may provide for the forfeiture of a
sum certain in the event |
the witness does not appear at the trial. Any
witness who | ||
refuses to execute a recognizance may be committed by the judge
| ||
to the custody of the sheriff until trial or further order of | ||
the court
having jurisdiction of the cause. Any witness who | ||
executes a recognizance
and fails to comply with its terms | ||
shall, in addition to any forfeiture
provided in the | ||
recognizance, be subject to the penalty provided in Section
| ||
32-10 of the Criminal Code of 2012 for violation of the | ||
conditions of pretrial release bail bond .
| ||
(e) During preliminary hearing or examination the | ||
defendant may move for
an order of suppression of evidence | ||
pursuant to Section 114-11 or 114-12
of this Act or for other | ||
reasons, and may move for dismissal of the charge
pursuant to | ||
Section 114-1 of this Act or for other reasons.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
| ||
Sec. 109-3.1. Persons Charged with Felonies. (a) In any | ||
case involving a person charged with a felony in this State,
| ||
alleged to have been committed on or after January 1, 1984, the | ||
provisions
of this Section shall apply.
| ||
(b) Every person in custody in this State for the alleged | ||
commission of
a felony shall receive either a preliminary | ||
examination as provided in Section
109-3 or an indictment by | ||
Grand Jury as provided in Section 111-2, within
30 days from | ||
the date he or she was taken into custody. Every person on |
pretrial release
bail or recognizance for the alleged | ||
commission of a felony shall receive
either a preliminary | ||
examination as provided in Section 109-3 or an indictment
by | ||
Grand Jury as provided in Section 111-2, within 60 days from | ||
the date he
or she was arrested.
| ||
The provisions of this paragraph shall not apply in the | ||
following situations:
| ||
(1) when delay is occasioned by the defendant; or
| ||
(2) when the defendant has been indicted by the Grand Jury | ||
on the felony
offense for which he or she was initially taken | ||
into custody or on an offense
arising from the same transaction | ||
or conduct of the defendant that was the
basis for the felony | ||
offense or offenses initially charged; or
| ||
(3) when a competency examination is ordered by the court; | ||
or
| ||
(4) when a competency hearing is held; or
| ||
(5) when an adjudication of incompetency for trial has been | ||
made; or
| ||
(6) when the case has been continued by the court under | ||
Section 114-4 of
this Code after a determination that the | ||
defendant is physically incompetent
to stand trial.
| ||
(c) Delay occasioned by the defendant shall temporarily | ||
suspend, for the
time of the delay, the period within which the | ||
preliminary examination must
be held. On the day of expiration | ||
of the delay the period in question shall
continue at the point | ||
at which it was suspended.
|
(Source: P.A. 83-644.)
| ||
(725 ILCS 5/Art. 110 heading) | ||
ARTICLE 110. PRETRIAL RELEASE BAIL
| ||
(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
| ||
Sec. 110-1. Definitions. (a) (Blank). "Security" is that | ||
which is required to be
pledged to insure the payment of bail.
| ||
(b) "Sureties" encompasses the monetary and nonmonetary | ||
requirements
set by the court as conditions for release either | ||
before or after
conviction. "Surety" is one who executes a bail | ||
bond and binds himself to pay
the bail if the person in custody | ||
fails to comply with all conditions of
the bail bond.
| ||
(c) The phrase "for which a sentence of imprisonment, | ||
without
conditional and revocable release, shall be imposed by | ||
law as a consequence
of conviction" means an offense for which | ||
a sentence of imprisonment,
without probation, periodic | ||
imprisonment or conditional discharge, is
required by law upon | ||
conviction.
| ||
(d) (Blank.) "Real and present threat to the physical | ||
safety of any person or
persons", as used in this Article, | ||
includes a threat to the community,
person, persons or class of | ||
persons. | ||
(e) Willful flight means planning or attempting to | ||
intentionally evade prosecution by concealing oneself. Simple | ||
past non-appearance in court alone is not evidence of future |
intent to evade prosecution.
| ||
(Source: P.A. 85-892.)
| ||
(725 ILCS 5/110-1.5 new) | ||
Sec. 110-1.5. Abolition of monetary bail. On and after | ||
January 1, 2023, the requirement of posting monetary bail is | ||
abolished, except as provided in the Uniform Criminal | ||
Extradition Act, the Driver License Compact, or the Nonresident | ||
Violator Compact which are compacts that have been entered into | ||
between this State and its sister states.
| ||
(725 ILCS 5/110-2) (from Ch. 38, par. 110-2)
| ||
Sec. 110-2. Release on own recognizance. | ||
(a) It is presumed that a defendant is entitled to release | ||
on personal recognizance on the condition that the defendant | ||
attend all required court proceedings and the defendant does | ||
not commit any criminal offense, and complies with all terms of | ||
pretrial release, including, but not limited to, orders of | ||
protection under both Section 112A-4 of this Code and Section | ||
214 of the Illinois Domestic Violence Act of 1986, all civil no | ||
contact orders, and all stalking no contact orders. | ||
(b) Additional conditions of release, including those | ||
highlighted above, shall be set only when it is determined that | ||
they are necessary to assure the defendant's appearance in | ||
court, assure the defendant does not commit any criminal | ||
offense, and complies with all conditions of pretrial release. |
(c) Detention only shall be imposed when it is determined | ||
that the defendant poses a specific, real and present threat to | ||
a person, or has a high likelihood of willful flight. If the | ||
court deems that the defendant is to be released on personal | ||
recognizance, the court may require that a written admonishment | ||
be signed by When from all the circumstances the court is of | ||
the opinion that the
defendant will appear as required either | ||
before or after
conviction and the
defendant will not pose a | ||
danger to any person or the community
and that the
defendant | ||
will comply with all conditions of bond, which
shall include | ||
the defendant's current address with a written admonishment to
| ||
the defendant requiring that he or she must comply with the | ||
provisions of Section 110-12
of this Code regarding any change | ||
in his or her address . The , the defendant may be released on | ||
his or her own recognizance upon signature . The
defendant's | ||
address shall at all times remain a matter of public record | ||
with
the clerk of the court. A failure to appear as
required by | ||
such recognizance shall constitute an offense subject to the
| ||
penalty provided in Section 32-10 of the Criminal Code of 2012 | ||
for violation of the conditions of pretrial release
bail bond, | ||
and any obligated sum fixed in the recognizance shall be
| ||
forfeited and collected in accordance with subsection (g) of | ||
Section 110-7
of this Code .
| ||
(d) If, after the procedures set out in Section 110-6.1, | ||
the court decides to detain the defendant, the Court must make | ||
a written finding as to why less restrictive conditions would |
not assure safety to the community and assure the defendant's | ||
appearance in court. At each subsequent appearance of the | ||
defendant before the Court, the judge must find that continued | ||
detention or the current set of conditions imposed are | ||
necessary to avoid the specific, real and present threat to any | ||
person or of willful flight from prosecution to continue | ||
detention of the defendant. The court is not required to be | ||
presented with new information or a change in circumstance to | ||
consider reconsidering pretrial detention on current | ||
conditions. | ||
(e) This Section shall be liberally construed to effectuate | ||
the purpose of
relying upon contempt of court proceedings or | ||
criminal sanctions
instead of financial loss to assure the
| ||
appearance of the defendant, and that the defendant will not | ||
pose a danger to
any person or the community and that the | ||
defendant will not pose comply with all
conditions of bond. | ||
Monetary bail should be set only when it is
determined that no | ||
other conditions of release will reasonably assure the
| ||
defendant's appearance in court, that the defendant does not | ||
present a
danger to any person or the community and that the | ||
defendant will comply
with all conditions of pretrial release | ||
bond .
| ||
The State may appeal any order permitting release by | ||
personal recognizance.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
|
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
| ||
Sec. 110-3. Options for warrant alternatives Issuance of | ||
warrant . | ||
(a) Upon failure to comply with any condition of pretrial | ||
release a bail bond or recognizance
the court having | ||
jurisdiction at the time of such failure may, on its own motion | ||
or upon motion from the State, issue an order to show cause as | ||
to why he or she shall not be subject to revocation of pretrial | ||
release, or for sanctions, as provided in Section 110-6. | ||
Nothing in this Section prohibits the court from issuing a | ||
warrant under subsection (c) upon failure to comply with any | ||
condition of pretrial release or recognizance. | ||
(b) The order issued by the court shall state the facts | ||
alleged to constitute the hearing to show cause or otherwise | ||
why the person is subject to revocation of pretrial release. A | ||
certified copy of the order shall be served upon the person at | ||
least 48 hours in advance of the scheduled hearing. | ||
(c) If the person does not appear at the hearing to show | ||
cause or absconds, the court may, in addition
to any other | ||
action provided by law, issue a warrant for the arrest of the
| ||
person at liberty on pretrial release bail or his own | ||
recognizance .
The contents of such a warrant shall be the same | ||
as required for an arrest
warrant issued upon complaint and may | ||
modify any previously imposed conditions placed upon the | ||
person, rather than revoking pretrial release or issuing a | ||
warrant for the person in accordance with the requirements in |
subsections (d) and (e) of Section 110-5 . When a defendant is | ||
at liberty on pretrial release bail or
his own recognizance on | ||
a
felony charge and fails to appear in court as directed, the | ||
court may shall
issue a warrant for the arrest of such person | ||
after his or her failure to appear at the show for cause | ||
hearing as provided in this Section . Such warrant shall be | ||
noted
with a directive to peace officers to arrest the person | ||
and hold such
person without pretrial release bail and to | ||
deliver such person before the court for further
proceedings. | ||
(d) If the order as described in Subsection B is issued, a | ||
failure to appear shall not be recorded until the Defendant | ||
fails to appear at the hearing to show cause. For the purpose | ||
of any risk assessment or future evaluation of risk of willful | ||
flight or risk of failure to appear, a non-appearance in court | ||
cured by an appearance at the hearing to show cause shall not | ||
be considered as evidence of future likelihood appearance in | ||
court. A defendant who is arrested or surrenders within 30 days | ||
of
the issuance of such warrant shall not be bailable in the | ||
case in question
unless he shows by the preponderance of the | ||
evidence that his failure to
appear was not intentional.
| ||
(Source: P.A. 86-298; 86-984; 86-1028.)
| ||
(725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| ||
Sec. 110-4. Pretrial release Bailable Offenses .
| ||
(a) All persons charged with an offense shall be eligible | ||
for pretrial
release before conviction. Pretrial release may |
only be denied when a
person is charged with an offense listed | ||
in Section 110-6.1 or when the defendant has a high likelihood | ||
of willful
flight, and after the court has held a hearing under | ||
Section
110-6.1. All persons shall be bailable before | ||
conviction, except the
following offenses where the proof is | ||
evident or the presumption great that
the defendant is guilty | ||
of the offense: capital offenses; offenses for
which a sentence | ||
of life imprisonment may be imposed as a consequence of
| ||
conviction; felony offenses for which a sentence of | ||
imprisonment,
without conditional and revocable release, shall | ||
be imposed
by law as a consequence of conviction, where the | ||
court after a hearing,
determines that the release of the | ||
defendant would pose a real and present
threat to the physical | ||
safety of any person or persons; stalking or
aggravated | ||
stalking, where the court, after a hearing, determines that the
| ||
release of the defendant would pose a real and present threat | ||
to the
physical safety of the alleged victim of the offense and | ||
denial of bail
is necessary to prevent fulfillment of the | ||
threat upon which the charge
is based;
or unlawful use of | ||
weapons in violation of item (4) of subsection (a) of
Section | ||
24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 | ||
when that offense occurred in a school or in any
conveyance | ||
owned,
leased, or contracted by a school to transport students | ||
to or from school or a
school-related
activity, or on any | ||
public way within 1,000 feet of real property comprising
any | ||
school, where
the court, after a hearing, determines that the |
release of the defendant would
pose a real and
present threat | ||
to the physical safety of any person and denial of bail is
| ||
necessary to prevent
fulfillment of that threat; or making a | ||
terrorist threat in violation of
Section 29D-20 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012 or an attempt to | ||
commit the offense of making a terrorist threat, where the | ||
court, after a hearing, determines that the release of the | ||
defendant would pose a real and present threat to the physical | ||
safety of any person and denial of bail is necessary to prevent | ||
fulfillment of that threat.
| ||
(b) A person seeking pretrial release on bail who is | ||
charged with a capital
offense or an offense for which a | ||
sentence of life imprisonment may be
imposed shall not be | ||
eligible for release pretrial bailable until a hearing is held | ||
wherein such person
has the burden of demonstrating that the | ||
proof of his guilt is not evident
and the presumption is not | ||
great.
| ||
(c) Where it is alleged that pretrial bail should be denied | ||
to a person upon the
grounds that the person presents a real | ||
and present threat to the physical
safety of any person or | ||
persons, the burden of proof of such allegations
shall be upon | ||
the State.
| ||
(d) When it is alleged that pretrial bail should be denied | ||
to a person
charged with stalking or aggravated stalking upon | ||
the grounds set forth in
Section 110-6.3 of this Code, the | ||
burden of proof of those allegations shall be
upon the State.
|
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||
Sec. 110-5. Determining the amount of bail and conditions | ||
of release.
| ||
(a) In determining which the amount of monetary bail or | ||
conditions of pretrial release, if
any,
which will reasonably | ||
assure the appearance of a defendant as required or
the safety | ||
of any other person or the community and the likelihood of
| ||
compliance by the
defendant with all the conditions of pretrial | ||
release bail , the court shall, on the
basis of available | ||
information, take into account such matters as : | ||
(1) the
nature and circumstances of the offense | ||
charged ; | ||
(2) the weight of the evidence against the eligible | ||
defendant, except that the court may consider the | ||
admissibility of any evidence sought to be excluded; | ||
(3) the history and characteristics of the eligible | ||
defendant, including: | ||
(A) the eligible defendant's character, physical | ||
and mental condition, family ties, employment, | ||
financial resources, length of residence in the | ||
community, community ties, past relating to drug or | ||
alcohol abuse, conduct, history criminal history, and | ||
record concerning appearance at court proceedings; and | ||
(B) whether, at the time of the current offense or |
arrest, the eligible defendant was on probation, | ||
parole, or on other release pending trial, sentencing, | ||
appeal, or completion of sentence for an offense under | ||
federal law, or the law of this or any other state; | ||
(4) the nature and seriousness of the specific, | ||
real and present threat to any person that would be | ||
posed by the eligible defendant's release, if | ||
applicable; as required under paragraph (7.5) of | ||
Section 4 of the Rights of Crime Victims and Witnesses | ||
Act; and | ||
(5) the nature and seriousness of the risk of | ||
obstructing or attempting to obstruct the criminal | ||
justice process that would be posed by the eligible | ||
defendant's release, if applicable. | ||
(b) The court shall impose any conditions that are | ||
mandatory under Section 110-10. The court may impose any | ||
conditions that are permissible under Section 110-10. , whether | ||
the evidence
shows that as part of the offense there was a use | ||
of violence or threatened
use of violence, whether the offense | ||
involved corruption of public
officials or employees, whether | ||
there was physical harm or threats of physical
harm to any
| ||
public official, public employee, judge, prosecutor, juror or | ||
witness,
senior citizen, child, or person with a disability, | ||
whether evidence shows that
during the offense or during the | ||
arrest the defendant possessed or used a
firearm, machine gun, | ||
explosive or metal piercing ammunition or explosive
bomb device |
or any military or paramilitary armament,
whether the evidence
| ||
shows that the offense committed was related to or in | ||
furtherance of the
criminal activities of an organized gang or | ||
was motivated by the defendant's
membership in or allegiance to | ||
an organized gang,
the condition of the
victim, any written | ||
statement submitted by the victim or proffer or
representation | ||
by the State regarding the
impact which the alleged criminal | ||
conduct has had on the victim and the
victim's concern, if any, | ||
with further contact with the defendant if
released on bail, | ||
whether the offense was based on racial, religious,
sexual | ||
orientation or ethnic hatred,
the likelihood of the filing of a | ||
greater charge, the likelihood of
conviction, the sentence | ||
applicable upon conviction, the weight of the evidence
against | ||
such defendant, whether there exists motivation or ability to
| ||
flee, whether there is any verification as to prior residence, | ||
education,
or family ties in the local jurisdiction, in another | ||
county,
state or foreign country, the defendant's employment, | ||
financial resources,
character and mental condition, past | ||
conduct, prior use of alias names or
dates of birth, and length | ||
of residence in the community,
the consent of the defendant to | ||
periodic drug testing in accordance with
Section 110-6.5,
| ||
whether a foreign national defendant is lawfully admitted in | ||
the United
States of America, whether the government of the | ||
foreign national
maintains an extradition treaty with the | ||
United States by which the foreign
government will extradite to | ||
the United States its national for a trial for
a crime |
allegedly committed in the United States, whether the defendant | ||
is
currently subject to deportation or exclusion under the | ||
immigration laws of
the United States, whether the defendant, | ||
although a United States citizen,
is considered under the law | ||
of any foreign state a national of that state
for the purposes | ||
of extradition or non-extradition to the United States,
the | ||
amount of unrecovered proceeds lost as a result of
the alleged | ||
offense, the
source of bail funds tendered or sought to be | ||
tendered for bail,
whether from the totality of the court's | ||
consideration,
the loss of funds posted or sought to be posted | ||
for bail will not deter the
defendant from flight, whether the | ||
evidence shows that the defendant is
engaged in significant
| ||
possession, manufacture, or delivery of a controlled substance | ||
or cannabis,
either individually or in consort with others,
| ||
whether at the time of the offense
charged he or she was on | ||
bond or pre-trial release pending trial, probation,
periodic | ||
imprisonment or conditional discharge pursuant to this Code or | ||
the
comparable Code of any other state or federal jurisdiction, | ||
whether the
defendant is on bond or
pre-trial release pending | ||
the imposition or execution of sentence or appeal of
sentence | ||
for any offense under the laws of Illinois or any other state | ||
or
federal jurisdiction, whether the defendant is under parole, | ||
aftercare release, mandatory
supervised release, or
work | ||
release from the Illinois Department of Corrections or Illinois | ||
Department of Juvenile Justice or any penal
institution or | ||
corrections department of any state or federal
jurisdiction, |
the defendant's record of convictions, whether the defendant | ||
has been
convicted of a misdemeanor or ordinance offense in | ||
Illinois or similar
offense in other state or federal | ||
jurisdiction within the 10 years
preceding the current charge | ||
or convicted of a felony in Illinois, whether
the defendant was | ||
convicted of an offense in another state or federal
| ||
jurisdiction that would
be a felony if committed in Illinois | ||
within the 20 years preceding the
current charge or has been | ||
convicted of such felony and released from the
penitentiary | ||
within 20 years preceding the current charge if a
penitentiary | ||
sentence was imposed in Illinois or other state or federal
| ||
jurisdiction, the defendant's records of juvenile adjudication | ||
of delinquency in any
jurisdiction, any record of appearance or | ||
failure to appear by
the defendant at
court proceedings, | ||
whether there was flight to avoid arrest or
prosecution, | ||
whether the defendant escaped or
attempted to escape to avoid | ||
arrest, whether the defendant refused to
identify himself or | ||
herself, or whether there was a refusal by the defendant to be
| ||
fingerprinted as required by law. Information used by the court | ||
in its
findings or stated in or
offered in connection with this | ||
Section may be by way of proffer based upon
reliable | ||
information offered by the State or defendant.
All evidence | ||
shall be admissible if it is relevant and
reliable regardless | ||
of whether it would be admissible under the rules of
evidence | ||
applicable at criminal trials.
If the State presents evidence | ||
that the offense committed by the defendant
was related to or |
in furtherance of the criminal activities of an organized
gang | ||
or was motivated by the defendant's membership in or allegiance | ||
to an
organized gang, and if the court determines that the | ||
evidence may be
substantiated, the court shall prohibit the | ||
defendant from associating with
other members of the organized | ||
gang as a condition of bail or release.
For the purposes of | ||
this Section,
"organized gang" has the meaning ascribed to it | ||
in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
(a-5) There shall be a presumption that any conditions of | ||
release imposed shall be non-monetary in nature and the court | ||
shall impose the least restrictive conditions or combination of | ||
conditions necessary to reasonably assure the appearance of the | ||
defendant for further court proceedings and protect the | ||
integrity of
the judicial proceedings from a specific threat to | ||
a witness or
participant. Conditions of release may include, | ||
but not be limited to, electronic home monitoring, curfews, | ||
drug counseling, stay-away orders, and in-person reporting. | ||
The court shall consider the defendant's socio-economic | ||
circumstance when setting conditions of release or imposing | ||
monetary bail. | ||
(b) The amount of bail shall be:
| ||
(1) Sufficient to assure compliance with the | ||
conditions set forth in the
bail bond, which shall include | ||
the defendant's current address with a written
| ||
admonishment to the defendant that he or she must comply |
with the provisions of
Section 110-12 regarding any change | ||
in his or her address. The defendant's
address shall at all | ||
times remain a matter of public record with the clerk
of | ||
the court.
| ||
(2) Not oppressive.
| ||
(3) Considerate of the financial ability of the | ||
accused.
| ||
(4) When a person is charged with a drug related | ||
offense involving
possession or delivery of cannabis or | ||
possession or delivery of a
controlled substance as defined | ||
in the Cannabis Control Act,
the Illinois Controlled | ||
Substances Act, or the Methamphetamine Control and | ||
Community Protection Act, the full street value
of the | ||
drugs seized shall be considered. "Street value" shall be
| ||
determined by the court on the basis of a proffer by the | ||
State based upon
reliable information of a law enforcement | ||
official contained in a written
report as to the amount | ||
seized and such proffer may be used by the court as
to the | ||
current street value of the smallest unit of the drug | ||
seized.
| ||
(b-5) Upon the filing of a written request demonstrating | ||
reasonable cause, the State's Attorney may request a source of | ||
bail hearing either before or after the posting of any funds.
| ||
If the hearing is granted, before the posting of any bail, the | ||
accused must file a written notice requesting that the court | ||
conduct a source of bail hearing. The notice must be |
accompanied by justifying affidavits stating the legitimate | ||
and lawful source of funds for bail. At the hearing, the court | ||
shall inquire into any matters stated in any justifying | ||
affidavits, and may also inquire into matters appropriate to | ||
the determination which shall include, but are not limited to, | ||
the following: | ||
(1) the background, character, reputation, and | ||
relationship to the accused of any surety; and | ||
(2) the source of any money or property deposited by | ||
any surety, and whether any such money or property | ||
constitutes the fruits of criminal or unlawful conduct; and | ||
(3) the source of any money posted as cash bail, and | ||
whether any such money constitutes the fruits of criminal | ||
or unlawful conduct; and | ||
(4) the background, character, reputation, and | ||
relationship to the accused of the person posting cash | ||
bail. | ||
Upon setting the hearing, the court shall examine, under | ||
oath, any persons who may possess material information. | ||
The State's Attorney has a right to attend the hearing, to | ||
call witnesses and to examine any witness in the proceeding. | ||
The court shall, upon request of the State's Attorney, continue | ||
the proceedings for a reasonable period to allow the State's | ||
Attorney to investigate the matter raised in any testimony or | ||
affidavit.
If the hearing is granted after the accused has | ||
posted bail, the court shall conduct a hearing consistent with |
this subsection (b-5). At the conclusion of the hearing, the | ||
court must issue an order either approving of disapproving the | ||
bail.
| ||
(c) When a person is charged with an offense punishable by | ||
fine only the
amount of the bail shall not exceed double the | ||
amount of the maximum penalty.
| ||
(d) When a person has been convicted of an offense and only | ||
a fine has
been imposed the amount of the bail shall not exceed | ||
double the amount of
the fine.
| ||
(e) The State may appeal any order granting bail or setting
| ||
a given amount for bail. | ||
(b) (f) When a person is charged with a violation of an | ||
order of protection under Section 12-3.4 or 12-30 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 or when a | ||
person is charged with domestic battery, aggravated domestic | ||
battery, kidnapping, aggravated kidnaping, unlawful restraint, | ||
aggravated unlawful restraint, stalking, aggravated stalking, | ||
cyberstalking, harassment by telephone, harassment through | ||
electronic communications, or an attempt to commit first degree | ||
murder committed against an intimate partner regardless | ||
whether an order of protection has been issued against the | ||
person, | ||
(1) whether the alleged incident involved harassment | ||
or abuse, as defined in the Illinois Domestic Violence Act | ||
of 1986; | ||
(2) whether the person has a history of domestic |
violence, as defined in the Illinois Domestic Violence Act, | ||
or a history of other criminal acts; | ||
(3) based on the mental health of the person; | ||
(4) whether the person has a history of violating the | ||
orders of any court or governmental entity; | ||
(5) whether the person has been, or is, potentially a | ||
threat to any other person; | ||
(6) whether the person has access to deadly weapons or | ||
a history of using deadly weapons; | ||
(7) whether the person has a history of abusing alcohol | ||
or any controlled substance; | ||
(8) based on the severity of the alleged incident that | ||
is the basis of the alleged offense, including, but not | ||
limited to, the duration of the current incident, and | ||
whether the alleged incident involved the use of a weapon, | ||
physical injury, sexual assault, strangulation, abuse | ||
during the alleged victim's pregnancy, abuse of pets, or | ||
forcible entry to gain access to the alleged victim; | ||
(9) whether a separation of the person from the victim | ||
of abuse alleged victim or a termination of the | ||
relationship between the person and the victim of abuse | ||
alleged victim has recently occurred or is pending; | ||
(10) whether the person has exhibited obsessive or | ||
controlling behaviors toward the victim of abuse alleged | ||
victim , including, but not limited to, stalking, | ||
surveillance, or isolation of the victim of abuse alleged |
victim or victim's family member or members; | ||
(11) whether the person has expressed suicidal or | ||
homicidal ideations; | ||
(11.5) any other factors deemed by the court to have a | ||
reasonable bearing upon the defendant's propensity or | ||
reputation for violent, abusive or assaultive behavior, or | ||
lack of that behavior | ||
(12) based on any information contained in the | ||
complaint and any police reports, affidavits, or other | ||
documents accompanying the complaint, | ||
the court may, in its discretion, order the respondent to | ||
undergo a risk assessment evaluation using a recognized, | ||
evidence-based instrument conducted by an Illinois Department | ||
of Human Services approved partner abuse intervention program | ||
provider, pretrial service, probation, or parole agency. These | ||
agencies shall have access to summaries of the defendant's | ||
criminal history, which shall not include victim interviews or | ||
information, for the risk evaluation. Based on the information | ||
collected from the 12 points to be considered at a bail hearing | ||
under this subsection (f), the results of any risk evaluation | ||
conducted and the other circumstances of the violation, the | ||
court may order that the person, as a condition of bail, be | ||
placed under electronic surveillance as provided in Section | ||
5-8A-7 of the Unified Code of Corrections. Upon making a | ||
determination whether or not to order the respondent to undergo | ||
a risk assessment evaluation or to be placed under electronic |
surveillance and risk assessment, the court shall document in | ||
the record the court's reasons for making those determinations. | ||
The cost of the electronic surveillance and risk assessment | ||
shall be paid by, or on behalf, of the defendant. As used in | ||
this subsection (f), "intimate partner" means a spouse or a | ||
current or former partner in a cohabitation or dating | ||
relationship. | ||
(c) In cases of stalking or aggravated stalking under | ||
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the | ||
court may consider the following additional factors: | ||
(1) Any evidence of the defendant's prior criminal | ||
history indicative of violent, abusive or assaultive | ||
behavior, or lack of that behavior. The evidence may | ||
include testimony or documents received in juvenile | ||
proceedings, criminal, quasi-criminal, civil commitment, | ||
domestic relations or other proceedings; | ||
(2) Any evidence of the defendant's psychological, | ||
psychiatric or other similar social history that tends to | ||
indicate a violent, abusive, or assaultive nature, or lack | ||
of any such history. | ||
(3) The nature of the threat which is the basis of the | ||
charge against the defendant; | ||
(4) Any statements made by, or attributed to the | ||
defendant, together with the circumstances surrounding | ||
them; | ||
(5) The age and physical condition of any person |
allegedly assaulted by the defendant; | ||
(6) Whether the defendant is known to possess or have | ||
access to any weapon or weapons; | ||
(7) Any other factors deemed by the court to have a | ||
reasonable bearing upon the defendant's propensity or | ||
reputation for violent, abusive or assaultive behavior, or | ||
lack of that behavior. | ||
(d) The Court may use a regularly validated risk assessment | ||
tool to aid it determination of appropriate conditions of | ||
release as provided for in Section 110-6.4. Risk assessment | ||
tools may not be used as the sole basis to deny pretrial | ||
release. If a risk assessment tool is used, the defendant's | ||
counsel shall be provided with the information and scoring | ||
system of the risk assessment tool used to arrive at the | ||
determination. The defendant retains the right to challenge the | ||
validity of a risk assessment tool used by the court and to | ||
present evidence relevant to the defendant's challenge. | ||
(e) If a person remains in pretrial detention after his or | ||
her pretrial conditions hearing after having been ordered | ||
released with pretrial conditions, the court shall hold a | ||
hearing to determine the reason for continued detention. If the | ||
reason for continued detention is due to the unavailability or | ||
the defendant's ineligibility for one or more pretrial | ||
conditions previously ordered by the court or directed by a | ||
pretrial services agency, the court shall reopen the conditions | ||
of release hearing to determine what available pretrial |
conditions exist that will reasonably assure the appearance of | ||
a defendant as required or the safety of any other person and | ||
the likelihood of compliance by the defendant with all the | ||
conditions of pretrial release. The inability of Defendant to | ||
pay for a condition of release or any other ineligibility for a | ||
condition of pretrial release shall not be used as a | ||
justification for the pretrial detention of that Defendant. | ||
(f) Prior to the defendant's first appearance, the Court | ||
shall appoint the public defender or a licensed attorney at law | ||
of this State to represent the Defendant for purposes of that | ||
hearing, unless the defendant has obtained licensed counsel for | ||
themselves. | ||
(g) Electronic monitoring, GPS monitoring, or home | ||
confinement can only be imposed condition of pretrial release | ||
if a no less restrictive condition of release or combination of | ||
less restrictive condition of release would reasonably ensure | ||
the appearance of the defendant for later hearings or protect | ||
an identifiable person or persons from imminent threat of | ||
serious physical harm. | ||
(h) If the court imposes electronic monitoring, GPS | ||
monitoring, or home confinement the court shall set forth in | ||
the record the basis for its finding. A defendant shall be | ||
given custodial credit for each day he or she was subjected to | ||
that program, at the same rate described in subsection (b) of | ||
Section 5-4.5-100 of the unified code of correction. | ||
(i) If electronic monitoring, GPS monitoring, or home |
confinement is imposed, the court shall determine every 60 days | ||
if no less restrictive condition of release or combination of | ||
less restrictive conditions of release would reasonably ensure | ||
the appearance, or continued appearance, of the defendant for | ||
later hearings or protect an identifiable person or persons | ||
from imminent threat of serious physical harm. If the court | ||
finds that there are less restrictive conditions of release, | ||
the court shall order that the condition be removed. | ||
(j) Crime Victims shall be given notice by the State's | ||
Attorney's office of this hearing as required in paragraph (1) | ||
of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||
and Witnesses Act and shall be informed of their opportunity at | ||
this hearing to obtain an order of protection under Article | ||
112A of this Code.
| ||
(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; revised | ||
7-12-19.)
| ||
(725 ILCS 5/110-5.2) | ||
Sec. 110-5.2. Pretrial release Bail ; pregnant pre-trial | ||
detainee. | ||
(a) It is the policy of this State that a pre-trial | ||
detainee shall not be required to deliver a child while in | ||
custody absent a finding by the court that continued pre-trial | ||
custody is necessary to protect the public or the victim of the | ||
offense on which the charge is based. | ||
(b) If the court reasonably believes that a pre-trial |
detainee will give birth while in custody, the court shall | ||
order an alternative to custody unless, after a hearing, the | ||
court determines: | ||
(1) that the release of the pregnant pre-trial detainee | ||
would pose a real and present threat to the physical safety | ||
of the alleged victim of the offense and continuing custody | ||
is necessary to prevent the fulfillment of the threat upon | ||
which the charge is based; or | ||
(2) that the release of the pregnant pre-trial detainee | ||
would pose a real and present threat to the physical safety | ||
of any person or persons or the general public. | ||
(c) The court may order a pregnant or post-partum detainee | ||
to be subject to electronic monitoring as a condition of | ||
pre-trial release or order other condition or combination of | ||
conditions the court reasonably determines are in the best | ||
interest of the detainee and the public. | ||
(d) This Section shall be applicable to a pregnant | ||
pre-trial detainee in custody on or after the effective date of | ||
this amendatory Act of the 100th General Assembly.
| ||
(Source: P.A. 100-630, eff. 1-1-19 .)
| ||
(725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| ||
Sec. 110-6. Revocation of pretrial release, modification | ||
of conditions of pretrial release, and sanctions for violations | ||
of conditions of pretrial release Modification of bail or | ||
conditions . |
(a) When a defendant is granted pretrial release under this | ||
section, that pretrial release may be revoked only under the | ||
following conditions: | ||
(1) if the defendant is charged with a detainable | ||
felony as defined in 110-6.1, a defendant may be detained | ||
after the State files a verified petition for such a | ||
hearing, and gives the defendant notice as prescribed in | ||
110-6.1; or | ||
(2) in accordance with subsection (b) of this section. | ||
(b) Revocation due to a new criminal charge: If an | ||
individual, while on pretrial release for a Felony or Class A | ||
misdemeanor under this Section, is charged with a new felony or | ||
Class A misdemeanor under the Criminal Code of 2012, the court | ||
may, on its own motion or motion of the state, begin | ||
proceedings to revoke the individual's' pretrial release. | ||
(1) When the defendant is charged with a felony or | ||
class A misdemeanor offense and while free on pretrial | ||
release bail is charged with a subsequent felony or class A | ||
misdemeanor offense that is alleged to have occurred during | ||
the defendant's pretrial release, the state may file a | ||
verified petition for revocation of pretrial release. | ||
(2) When a defendant on pretrial release is charged | ||
with a violation of an order of protection issued under | ||
Section 112A-14 of this Code, or Section 214 of the | ||
Illinois Domestic Violence Act of 1986 or previously was | ||
convicted of a violation of an order of protection under |
Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, and the subject of the order of | ||
protection is the same person as the victim in the | ||
underlying matter, the state shall file a verified petition | ||
for revocation of pretrial release. | ||
(3) Upon the filing of this petition, the court shall | ||
order the transfer of the defendant and the application to | ||
the court before which the previous felony matter is | ||
pending. The defendant shall be held without bond pending | ||
transfer to and a hearing before such court. The defendant | ||
shall be transferred to the court before which the previous | ||
matter is pending without unnecessary delay. In no event | ||
shall the time between the filing of the state's petition | ||
for revocation and the defendant's appearance before the | ||
court before which the previous matter is pending exceed 72 | ||
hours. | ||
(4) The court before which the previous felony matter | ||
is pending may revoke the defendant's pretrial release only | ||
if it finds, after considering all relevant circumstances | ||
including, but not limited to, the nature and seriousness | ||
of the violation or criminal act alleged, by the court | ||
finds clear and convincing evidence that no condition or | ||
combination of conditions of release would reasonably | ||
assure the appearance of the defendant for later hearings | ||
or prevent the defendant from being charged with a | ||
subsequent felony or class A misdemeanor. |
(5) In lieu of revocation, the court may release the | ||
defendant pre-trial, with or without modification of | ||
conditions of pretrial release. | ||
(6) If the case that caused the revocation is | ||
dismissed, the defendant is found not guilty in the case | ||
causing the revocation, or the defendant completes a | ||
lawfully imposed sentence on the case causing the | ||
revocation, the court shall, without unnecessary delay, | ||
hold a hearing on conditions of release pursuant to section | ||
110-5 and release the defendant with or without | ||
modification of conditions of pretrial release. | ||
(7) Both the state and the defense may appeal an order | ||
revoking pretrial release or denying a petition for | ||
revocation of release. | ||
(c) Violations other than re-arrest for a felony or class A | ||
misdemeanor. If a defendant: | ||
(1) fails to appear in court as required by their | ||
conditions of release; | ||
(2) is charged with a class B or C misdemeanor, petty | ||
offense, traffic offense, or ordinance violation that is | ||
alleged to have occurred during the defendant's pretrial | ||
release; or | ||
(3) violates any other condition of release set by the | ||
court,
| ||
the court shall follow the procedures set forth in Section | ||
110-3 to ensure the defendant's appearance in court to address |
the violation. | ||
(d) When a defendant appears in court for a notice to show | ||
cause hearing, or after being arrested on a warrant issued | ||
because of a failure to appear at a notice to show cause | ||
hearing, or after being arrested for an offense other than a | ||
felony or class A misdemeanor, the state may file a verified | ||
petition requesting a hearing for sanctions. | ||
(e) During the hearing for sanctions, the defendant shall | ||
be represented by counsel and have an opportunity to be heard | ||
regarding the violation and evidence in mitigation. The court | ||
shall only impose sanctions if it finds by clear and convincing | ||
evidence that: | ||
1. The defendant committed an act that violated a term | ||
of their pretrial release; | ||
2. The defendant had actual knowledge that their action | ||
would violate a court order; | ||
3. The violation of the court order was willful; and | ||
4. The violation was not caused by a lack of access to | ||
financial monetary resources. | ||
(f) Sanctions: sanctions for violations of pretrial | ||
release may include: | ||
1. A verbal or written admonishment from the court; | ||
2. Imprisonment in the county jail for a period not | ||
exceeding 30 days; | ||
3. A fine of not more than $200; or | ||
4. A modification of the defendant's pretrial |
conditions. | ||
(g) Modification of Pretrial Conditions | ||
(a) The court may, at any time, after motion by either | ||
party or on its own motion, remove previously set | ||
conditions of pretrial release, subject to the provisions | ||
in section (e). The court may only add or increase | ||
conditions of pretrial release at a hearing under this | ||
Section, in a warrant issued under Section 110-3, or upon | ||
motion from the state. | ||
(b) Modification of conditions of release regarding | ||
contact with victims or witnesses. The court shall not | ||
remove a previously set condition of bond regulating | ||
contact with a victim or witness in the case, unless the | ||
subject of the condition has been given notice of the | ||
hearing as required in paragraph (1) of subsection (b) of | ||
Section 4.5 of the Rights of Crime Victims and Witnesses | ||
Act. If the subject of the condition of release is not | ||
present, the court shall follow the procedures of paragraph | ||
(10) of subsection (c-1) of the Rights of Crime Victims and | ||
Witnesses Act. | ||
(h) Notice to Victims: Crime Victims shall be given notice | ||
by the State's Attorney's office of all hearings in this | ||
section as required in paragraph (1) of subsection (b) of | ||
Section 4.5 of the Rights of Crime Victims and Witnesses Act | ||
and shall be informed of their opportunity at these hearing to | ||
obtain an order of protection under Article 112A of this Code. |
Upon verified application by
the State or the defendant or on | ||
its own motion the court before which the
proceeding is
pending | ||
may increase or reduce the amount of bail or may alter the
| ||
conditions of the bail bond or grant bail where it has been | ||
previously
revoked or denied.
If bail has been previously | ||
revoked pursuant to subsection (f) of this
Section or if bail | ||
has been denied to the defendant pursuant to subsection
(e) of | ||
Section 110-6.1 or subsection (e) of Section 110-6.3, the | ||
defendant
shall
be required to present a
verified application | ||
setting forth in detail any new facts not known or
obtainable | ||
at the time of the previous revocation or denial of bail
| ||
proceedings. If the court grants bail where it has been | ||
previously revoked
or denied, the court shall state on the | ||
record of the proceedings the
findings of facts and conclusion | ||
of law upon which such order is based.
| ||
(a-5) In addition to any other available motion or | ||
procedure under this Code, a person in custody solely for a | ||
Category B offense due to an inability to post monetary bail | ||
shall be brought before the court at the next available court | ||
date or 7 calendar days from the date bail was set, whichever | ||
is earlier, for a rehearing on the amount or conditions of bail | ||
or release pending further court proceedings. The court may | ||
reconsider conditions of release for any other person whose | ||
inability to post monetary bail is the sole reason for | ||
continued incarceration, including a person in custody for a | ||
Category A offense or a Category A offense and a Category B |
offense. The court may deny the rehearing permitted under this | ||
subsection (a-5) if the person has failed to appear as required | ||
before the court and is incarcerated based on a warrant for | ||
failure to appear on the same original criminal offense. | ||
(b) Violation of the conditions of Section
110-10 of this | ||
Code or any special conditions of bail as ordered by the
court | ||
shall constitute grounds for the court to increase
the amount | ||
of bail, or otherwise alter the conditions of bail, or, where
| ||
the alleged offense committed on bail is a forcible felony in | ||
Illinois or
a Class 2 or greater offense under the Illinois
| ||
Controlled Substances Act, the
Cannabis Control Act, or the | ||
Methamphetamine Control and Community Protection Act, revoke | ||
bail
pursuant to the appropriate provisions of subsection (e) | ||
of this
Section.
| ||
(c) Reasonable notice of such application by the defendant | ||
shall be
given to the State.
| ||
(d) Reasonable notice of such application by the State | ||
shall be
given to the defendant, except as provided in | ||
subsection (e).
| ||
(e) Upon verified application by the State stating facts or
| ||
circumstances constituting a violation or a threatened
| ||
violation of any of the
conditions of the bail bond the court | ||
may issue a warrant commanding any
peace officer to bring the | ||
defendant without unnecessary delay before
the court for a | ||
hearing on the matters set forth in the application. If
the | ||
actual court before which the proceeding is pending is absent |
or
otherwise unavailable another court may issue a warrant | ||
pursuant to this
Section. When the defendant is charged with a | ||
felony offense and while
free on bail is charged with a | ||
subsequent felony offense and is the subject
of a proceeding | ||
set forth in Section 109-1 or 109-3 of this Code, upon the
| ||
filing of a verified petition by the State alleging a violation | ||
of Section
110-10 (a) (4) of this Code, the court shall without | ||
prior notice to the
defendant, grant leave to file such | ||
application and shall order the
transfer of the defendant and | ||
the application without unnecessary delay to
the court before | ||
which the previous felony matter is pending for a hearing
as | ||
provided in subsection (b) or this subsection of this Section. | ||
The
defendant shall be held
without bond pending transfer to | ||
and a hearing before such court. At
the conclusion of the | ||
hearing based on a violation of the conditions of
Section | ||
110-10 of this Code or any special conditions of bail as | ||
ordered by
the court the court may enter an order
increasing | ||
the amount of bail or alter the conditions of bail as deemed
| ||
appropriate.
| ||
(f) Where the alleged violation consists of the violation | ||
of
one or more felony statutes of any jurisdiction which would | ||
be a
forcible felony in Illinois or a Class 2 or greater | ||
offense under the
Illinois Controlled Substances Act, the
| ||
Cannabis Control Act, or the Methamphetamine Control and | ||
Community Protection Act and the
defendant is on bail for the | ||
alleged
commission of a felony, or where the defendant is on |
bail for a felony
domestic battery (enhanced pursuant to | ||
subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | ||
or the Criminal Code of 2012), aggravated
domestic battery, | ||
aggravated battery, unlawful restraint, aggravated unlawful
| ||
restraint or domestic battery in violation
of item (1) of | ||
subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012
against a
family or household | ||
member as defined in Section 112A-3 of this Code and the
| ||
violation is an offense of domestic battery against
the same | ||
victim the court shall, on the motion of the State
or its own | ||
motion, revoke bail
in accordance with the following | ||
provisions:
| ||
(1) The court shall hold the defendant without bail | ||
pending
the hearing on the alleged breach; however, if the | ||
defendant
is not admitted to bail the
hearing shall be | ||
commenced within 10 days from the date the defendant is
| ||
taken into custody or the defendant may not be held any | ||
longer without bail, unless delay is occasioned by the | ||
defendant. Where defendant
occasions the delay, the | ||
running of the 10 day period is temporarily
suspended and | ||
resumes at the termination of the period of delay. Where
| ||
defendant occasions the delay with 5 or fewer days | ||
remaining in the 10
day period, the court may grant a | ||
period of up to 5 additional days to
the State for good | ||
cause shown. The State, however, shall retain the
right to | ||
proceed to hearing on the alleged violation at any time, |
upon
reasonable notice to the defendant and the court.
| ||
(2) At a hearing on the alleged violation the State has | ||
the burden
of going forward and proving the violation by | ||
clear and convincing
evidence. The evidence shall be | ||
presented in open court with the
opportunity to testify, to | ||
present witnesses in his behalf, and to
cross-examine | ||
witnesses if any are called by the State, and | ||
representation
by counsel and
if the defendant is indigent | ||
to have counsel appointed for him. The
rules of evidence | ||
applicable in criminal trials in this State shall not
| ||
govern the admissibility of evidence at such hearing.
| ||
Information used by the court in its findings or stated in | ||
or offered in
connection with hearings for increase or | ||
revocation of bail may be by way
of proffer based upon | ||
reliable information offered by the State or
defendant. All | ||
evidence shall be admissible if it is relevant and reliable
| ||
regardless of whether it would be admissible under the | ||
rules of evidence
applicable at criminal trials. A motion | ||
by the defendant to suppress
evidence or to suppress a | ||
confession shall not be entertained at such a
hearing. | ||
Evidence that proof may have been obtained as a result of | ||
an
unlawful search and seizure or through improper | ||
interrogation is not
relevant to this hearing.
| ||
(3) Upon a finding by the court that the State has | ||
established by
clear and convincing evidence that the | ||
defendant has committed a
forcible felony or a Class 2 or |
greater offense under the Illinois Controlled
Substances | ||
Act, the Cannabis Control Act, or the Methamphetamine | ||
Control and Community Protection Act while admitted to | ||
bail, or where the
defendant is on bail for a felony | ||
domestic battery (enhanced pursuant to
subsection (b) of | ||
Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012), aggravated
domestic battery, aggravated | ||
battery, unlawful
restraint, aggravated unlawful restraint | ||
or domestic battery in violation of
item (1) of subsection | ||
(a) of Section 12-3.2 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012
against
a family or household member | ||
as defined in
Section 112A-3 of this Code and the violation | ||
is an offense of domestic
battery, against the same victim, | ||
the court
shall revoke the bail of
the defendant and hold | ||
the defendant for trial without bail. Neither the
finding | ||
of the court nor any transcript or other record of the | ||
hearing
shall be admissible in the State's case in chief, | ||
but shall be admissible
for impeachment, or as provided in | ||
Section 115-10.1 of this Code or in a
perjury proceeding.
| ||
(4) If the bail of any defendant is revoked pursuant to | ||
paragraph
(f) (3) of this Section, the defendant may demand | ||
and shall be entitled
to be brought to trial on the offense | ||
with respect to which he was
formerly released on bail | ||
within 90 days after the date on which his
bail was | ||
revoked. If the defendant is not brought to trial within | ||
the
90 day period required by the preceding sentence, he |
shall not be held
longer without bail. In computing the 90 | ||
day period, the court shall
omit any period of delay | ||
resulting from a continuance granted at the
request of the | ||
defendant.
| ||
(5) If the defendant either is arrested on a warrant | ||
issued pursuant
to this Code or is arrested for an | ||
unrelated offense and it is subsequently
discovered that | ||
the defendant is a subject of another warrant or warrants
| ||
issued pursuant to this Code, the defendant shall be | ||
transferred promptly
to the court which issued such | ||
warrant. If, however, the defendant appears
initially | ||
before a court other than the court which issued such | ||
warrant,
the non-issuing court shall not alter the amount | ||
of bail set on
such warrant unless the court sets forth on | ||
the record of proceedings the
conclusions of law and facts | ||
which are the basis for such altering of
another court's | ||
bond. The non-issuing court shall not alter another courts
| ||
bail set on a warrant unless the interests of justice and | ||
public safety are
served by such action.
| ||
(g) The State may appeal any order where the court has | ||
increased or reduced
the amount of bail or altered the | ||
conditions of the bail bond or granted bail where it has | ||
previously been revoked.
| ||
(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
| ||
(725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
|
Sec. 110-6.1. Denial of pretrial release bail in | ||
non-probationable felony offenses .
| ||
(a) Upon verified petition by the State, the court shall | ||
hold a hearing and may deny to
determine whether bail should be | ||
denied to a defendant pretrial release only if: | ||
(1) the defendant who is charged with
a forcible felony | ||
offense for which a sentence of imprisonment, without | ||
probation,
periodic imprisonment or conditional discharge, | ||
is required by law upon
conviction, and when it is alleged | ||
that the defendant's pretrial release poses a specific, | ||
real and present threat to any person or the community. | ||
admission to bail poses
a real and present threat to the | ||
physical safety of any person or persons ; .
| ||
(2) the defendant is charged with stalking or | ||
aggravated stalking and it is alleged that the defendant's | ||
pre-trial release poses a real and present threat to the | ||
physical safety of a victim of the alleged offense, and | ||
denial of release is necessary to prevent fulfillment of | ||
the threat upon which the charge is based; | ||
(3) the victim of abuse was a family or household | ||
member as defined by paragraph (6) of Section 103 of the | ||
Illinois Domestic Violence Act of 1986, and the person | ||
charged, at the time of the alleged offense, was subject to | ||
the terms of an order of protection issued under Section | ||
112A-14 of this Code, or Section 214 of the Illinois | ||
Domestic Violence Act of 1986 or previously was convicted |
of a violation of an order of protection under Section | ||
12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 or a violent crime if the victim was | ||
a family or household member as defined by paragraph (6) of | ||
the Illinois Domestic Violence Act of 1986 at the time of | ||
the offense or a violation of a substantially similar | ||
municipal ordinance or law of this or any other state or | ||
the United States if the victim was a family or household | ||
member as defined by paragraph (6) of Section 103 of the | ||
Illinois Domestic Violence Act of 1986 at the time of the | ||
offense, and it is alleged that the defendant's pre-trial | ||
release poses a real and present threat to the physical | ||
safety of any person or persons; | ||
(4) the defendant is charged with domestic battery or | ||
aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||
of the Criminal Code of 2012 and it is alleged that the | ||
defendant's pretrial release poses a real and present | ||
threat to the physical safety of any person or persons; | ||
(5) the defendant is charged with any offense under | ||
Article 11 of the Criminal Code of 2012, except for | ||
Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal | ||
Code of 2012, or similar provisions of the Criminal Code of | ||
1961 and it is alleged that the defendant's pretrial | ||
release poses a real and present threat to the physical | ||
safety of any person or persons; | ||
(6) the defendant is charged with any of these |
violations under the Criminal Code of 2012 and it is | ||
alleged that the defendant's pretrial releases poses a real | ||
and present threat to the physical safety of any | ||
specifically identifiable person or persons. | ||
(A) Section 24-1.2 (aggravated discharge of a | ||
firearm); | ||
(B) Section 24-2.5 (aggravated discharge of a | ||
machine gun or a firearm equipped with a device | ||
designed or use for silencing the report of a firearm); | ||
(C) Section 24-1.5 (reckless discharge of a | ||
firearm); | ||
(D) Section 24-1.7 (armed habitual criminal); | ||
(E) Section 24-2.2 2 (manufacture, sale or | ||
transfer of bullets or shells represented to be armor | ||
piercing bullets, dragon's breath shotgun shells, bolo | ||
shells or flechette shells); | ||
(F) Section 24-3 (unlawful sale or delivery of | ||
firearms); | ||
(G) Section 24-3.3 (unlawful sale or delivery of | ||
firearms on the premises of any school); | ||
(H) Section 24-34 (unlawful sale of firearms by | ||
liquor license); | ||
(I) Section 24-3.5 {unlawful purchase of a | ||
firearm); | ||
(J) Section 24-3A (gunrunning); or | ||
(K) Section on 24-3B (firearms trafficking ); |
(L) Section 10-9 (b) (involuntary servitude); | ||
(M) Section 10-9 (c) (involuntary sexual servitude | ||
of a minor); | ||
(N) Section 10-9(d) (trafficking in persons); | ||
(O) Non-probationable violations: (i) (unlawful | ||
use or possession of weapons by felons or persons in | ||
the Custody of the Department of Corrections | ||
facilities (Section 24-1.1), (ii) aggravated unlawful | ||
use of a weapon (Section 24-1.6, or (iii) aggravated | ||
possession of a stolen firearm (Section 24-3.9); | ||
(7) the person has a high likelihood of willful flight | ||
to avoid prosecution and is charged with: | ||
(A) Any felony described in Sections (a)(1) | ||
through (a)(5) of this Section; or | ||
(B) A felony offense other than a Class 4 offense. | ||
(b) If the charged offense is a felony, the Court shall | ||
hold a hearing pursuant to 109-3 of this Code to | ||
determine whether there is probable cause the | ||
defendant has committed an offense, unless a grand jury | ||
has returned a true bill of indictment against the | ||
defendant. If there is a finding of no probable cause, | ||
the defendant shall be released. No such finding is | ||
necessary if the defendant is charged with a | ||
misdemeanor. | ||
(c) Timing of petition.
| ||
(1) A petition may be filed without prior notice to the |
defendant at the
first appearance before a judge, or within | ||
the 21 calendar days, except as
provided in Section 110-6, | ||
after arrest and release of the defendant upon
reasonable | ||
notice to defendant; provided that while such petition is
| ||
pending before the court, the defendant if previously | ||
released shall not be
detained.
| ||
(2) (2) Upon filing, the court shall immediately hold a | ||
hearing on the petition unless a continuance is requested. | ||
If a continuance is requested, the hearing shall be held | ||
within 48 hours of the defendant's first appearance if the | ||
defendant is charged with a Class X, Class 1, Class 2, or | ||
Class 3 felony, and within 24 hours if the defendant is | ||
charged with a Class 4 or misdemeanor offense. The Court | ||
may deny and or grant the request for continuance. If the | ||
court decides to grant the continuance, the Court retains | ||
the discretion to detain or release the defendant in the | ||
time between the filing of the petition and the hearing. | ||
(d) Contents of petition. | ||
(1) The petition shall be verified by the State and | ||
shall state the grounds upon which it contends the | ||
defendant should be denied pretrial release, including the | ||
identity of the specific person or persons the State | ||
believes the defendant poses a danger to. | ||
(2) Only one petition may be filed under this Section. | ||
(e) Eligibility: All defendants shall be presumed eligible | ||
for pretrial release, and the State shall bear the burden of |
proving by clear and convincing evidence that: The hearing | ||
shall be held immediately upon the defendant's appearance
| ||
before the court, unless for good cause shown the defendant or | ||
the State
seeks a continuance. A continuance on motion of the
| ||
defendant may not exceed 5 calendar days, and a continuance on | ||
the motion
of the State may not exceed 3 calendar days. The | ||
defendant may be held in
custody during such continuance.
| ||
(b) The court may deny bail to the defendant where, after | ||
the hearing, it
is determined that:
| ||
(1) the proof is evident or the presumption great that | ||
the defendant has
committed an offense listed in paragraphs | ||
(1) through (6) of subsection (a) for which a sentence of | ||
imprisonment, without
probation, periodic imprisonment or | ||
conditional discharge, must be imposed
by law as a | ||
consequence of conviction , and
| ||
(2) the defendant poses a real and present threat to | ||
the physical safety
of a specific, identifiable any person | ||
or persons, by conduct which may include, but is not | ||
limited
to, a forcible felony, the obstruction of justice,
| ||
intimidation, injury, or abuse as defined by paragraph (1) | ||
of Section 103 of the Illinois Domestic Violence Act of | ||
1986 physical harm, an offense under the Illinois
| ||
Controlled Substances Act which is a Class X felony, or an | ||
offense under the Methamphetamine Control and Community | ||
Protection Act which is a Class X felony , and
| ||
(3) the court finds that no condition or combination of |
conditions set
forth in subsection (b) of Section 110-10 of | ||
this Article can mitigate the real and present threat to | ||
the safety of any ,
can reasonably assure the physical | ||
safety of any other person or persons or the defendant's | ||
willful flight .
| ||
(f) (c) Conduct of the hearings.
| ||
(1) Prior
to the hearing the State shall tender to the | ||
defendant copies of
defendant's criminal history | ||
available, any written or
recorded statements, and the | ||
substance of any oral statements made by
any person, if | ||
relied upon by the State in its petition, and any police
| ||
reports in the State's Attorney's possession at the time of | ||
the hearing
that are required to be disclosed to the | ||
defense under Illinois Supreme
Court rules. The hearing on | ||
the defendant's culpability and dangerousness shall be
| ||
conducted in accordance with the following provisions:
| ||
(2) The State or defendant may present evidence at the | ||
hearing (A) Information used by the court in its findings | ||
or stated in or
offered at such hearing may be by way of | ||
proffer based upon reliable
information offered by the | ||
State or by defendant . | ||
(3) The defendant Defendant has the right to
be | ||
represented by counsel, and if he or she is indigent, to | ||
have counsel appointed
for him or her. The defendant . | ||
Defendant shall have the opportunity to testify, to present
| ||
witnesses on in his or her own behalf, and to cross-examine |
any witnesses that if any are
called by the State. | ||
(4) If the defense seeks to call the complaining | ||
witness as a witness in its favor, it shall petition the | ||
court for permission. The defendant has the right to | ||
present witnesses in
his favor. When the ends of justice so | ||
require, the court may exercise exercises
its discretion | ||
and compel the appearance of a complaining
witness. The | ||
court shall state on the record reasons for granting a
| ||
defense request to compel the presence of a complaining | ||
witness. In making a determination under this section, the | ||
court shall state on the record the reason for granting a | ||
defense request to compel the presence of a complaining | ||
witness, and only grant the request if the court finds by | ||
clear and convincing evidence that the defendant will be | ||
materially prejudiced if the complaining witness does not | ||
appear.
Cross-examination of a complaining witness at the | ||
pretrial detention hearing
for the purpose of impeaching | ||
the witness' credibility is insufficient reason
to compel | ||
the presence of the witness. In deciding whether to compel | ||
the
appearance of a complaining witness, the court shall be | ||
considerate of the
emotional and physical well-being of the | ||
witness. The pre-trial detention
hearing is not to be used | ||
for purposes of discovery, and the post
arraignment rules | ||
of discovery do not apply. The State shall tender to the
| ||
defendant, prior to the hearing, copies of defendant's | ||
criminal history, if
any, if available, and any written or |
recorded statements and the substance
of any oral | ||
statements made by any person, if relied upon by the State | ||
in
its petition. | ||
(5) The rules concerning the admissibility of evidence | ||
in
criminal trials do not apply to the presentation and | ||
consideration of
information at the hearing. At the trial | ||
concerning the offense for which
the hearing was conducted | ||
neither the finding of the court nor any
transcript or | ||
other record of the hearing shall be admissible in the
| ||
State's case in chief, but shall be admissible for | ||
impeachment, or as
provided in Section 115-10.1 of this | ||
Code, or in a perjury proceeding.
| ||
(6) The (B) A motion by the defendant may not move to | ||
suppress evidence or to suppress a
confession , however, | ||
evidence shall not be entertained. Evidence that proof of | ||
the charged crime may have been
obtained as the result of | ||
an unlawful search or and seizure , or both, or through
| ||
improper interrogation , is not relevant in assessing the | ||
weight of the evidence against the defendant to this state | ||
of the prosecution . | ||
(7) Decisions regarding release, conditions of release | ||
and detention prior trial should be individualized, and no | ||
single factor or standard should be used exclusively to | ||
make a condition or detention decision.
| ||
(2) The facts relied upon by the court to support a | ||
finding that the
defendant poses a real and present threat |
to the physical safety of any
person or persons shall be | ||
supported by clear and convincing evidence
presented by the | ||
State.
| ||
(g) (d) Factors to be considered in making a determination | ||
of dangerousness.
The court may, in determining whether the | ||
defendant poses a specific, imminent real and
present threat of | ||
serious to the physical harm to an identifiable safety of any | ||
person or persons, consider but
shall not be limited to | ||
evidence or testimony concerning:
| ||
(1) The nature and circumstances of any offense | ||
charged, including
whether the offense is a crime of | ||
violence, involving a weapon , or a sex offense .
| ||
(2) The history and characteristics of the defendant | ||
including:
| ||
(A) Any evidence of the defendant's prior criminal | ||
history indicative of
violent, abusive or assaultive | ||
behavior, or lack of such behavior. Such
evidence may | ||
include testimony or documents received in juvenile
| ||
proceedings, criminal, quasi-criminal, civil | ||
commitment, domestic relations
or other proceedings.
| ||
(B) Any evidence of the defendant's psychological, | ||
psychiatric or other
similar social history which | ||
tends to indicate a violent, abusive, or
assaultive | ||
nature, or lack of any such history.
| ||
(3) The identity of any person or persons to whose | ||
safety the defendant
is believed to pose a threat, and the |
nature of the threat;
| ||
(4) Any statements made by, or attributed to the | ||
defendant, together with
the circumstances surrounding | ||
them;
| ||
(5) The age and physical condition of any person | ||
assaulted
by the defendant;
| ||
(6) The age and physical condition of any victim or | ||
complaining witness; | ||
(7) Whether the defendant is known to possess or have | ||
access to any
weapon or weapons;
| ||
(8) (7) Whether, at the time of the current offense or | ||
any other offense or
arrest, the defendant was on | ||
probation, parole, aftercare release, mandatory supervised
| ||
release or other release from custody pending trial, | ||
sentencing, appeal or
completion of sentence for an offense | ||
under federal or state law;
| ||
(9) (8) Any other factors, including those listed in | ||
Section 110-5 of this
Article deemed by the court to have a | ||
reasonable bearing upon the
defendant's propensity or | ||
reputation for violent, abusive or assaultive
behavior, or | ||
lack of such behavior.
| ||
(h) (e) Detention order. The court shall, in any order for | ||
detention:
| ||
(1) briefly summarize the evidence of the defendant's | ||
guilt or innocence, culpability and the court's its
reasons | ||
for concluding that the defendant should be denied pretrial |
release held without bail ;
| ||
(2) direct that the defendant be committed to the | ||
custody of the sheriff
for confinement in the county jail | ||
pending trial;
| ||
(3) direct that the defendant be given a reasonable | ||
opportunity for
private consultation with counsel, and for | ||
communication with others of his
or her choice by | ||
visitation, mail and telephone; and
| ||
(4) direct that the sheriff deliver the defendant as | ||
required for
appearances in connection with court | ||
proceedings.
| ||
(i) Detention. (f) If the court enters an order for the | ||
detention of the defendant
pursuant to subsection (e) of this | ||
Section, the defendant
shall be brought to trial on the offense | ||
for which he is
detained within 90 days after the date on which | ||
the order for detention was
entered. If the defendant is not | ||
brought to trial within the 90 day period
required by the | ||
preceding sentence, he shall not be denied pretrial release | ||
held longer without
bail . In computing the 90 day period, the | ||
court shall omit any period of
delay resulting from a | ||
continuance granted at the request of the defendant.
| ||
(j) (g) Rights of the defendant. Any person shall be | ||
entitled to appeal any
order entered under this Section denying | ||
pretrial release bail to the defendant.
| ||
(k) Appeal. (h) The State may appeal any order entered | ||
under this Section denying any
motion for denial of pretrial |
release bail .
| ||
(l) Presumption of innocence. (i) Nothing in this Section | ||
shall be construed as modifying or limiting
in any way the | ||
defendant's presumption of innocence in further criminal
| ||
proceedings. | ||
(m) Victim notice. | ||
(1) Crime Victims shall be given notice by the State's | ||
Attorney's office of this hearing as required in paragraph | ||
(1) of subsection (b) of Section 4.5 of the Rights of Crime | ||
Victims and Witnesses Act and shall be informed of their | ||
opportunity at this hearing to obtain an order of | ||
protection under Article 112A of this Code.
| ||
(Source: P.A. 98-558, eff. 1-1-14.)
| ||
(725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
| ||
Sec. 110-6.2. Post-conviction Detention. | ||
(a) The court may order
that a person who has been found | ||
guilty of an offense and who is waiting
imposition or execution | ||
of sentence be held without release bond unless the court finds | ||
by
clear and convincing evidence that the person is not likely | ||
to flee or pose
a danger to any other person or the community | ||
if released under Sections
110-5 and 110-10 of this Act.
| ||
(b) The court may order that person who has been found | ||
guilty of an
offense and sentenced to a term of imprisonment be | ||
held without release bond
unless the court finds by clear and | ||
convincing evidence that:
|
(1) the person is not likely to
flee or pose a danger | ||
to the safety of any other person or the community if
| ||
released on bond pending appeal; and
| ||
(2) that the appeal is not for purpose of delay and | ||
raises a substantial
question of law or fact likely to | ||
result in reversal or an order for a new trial.
| ||
(Source: P.A. 96-1200, eff. 7-22-10.)
| ||
(725 ILCS 5/110-6.4) | ||
Sec. 110-6.4. Statewide risk-assessment tool. The Supreme | ||
Court may establish a statewide risk-assessment tool to be used | ||
in proceedings to assist the court in establishing conditions | ||
of pretrial release bail for a defendant by assessing the | ||
defendant's likelihood of appearing at future court | ||
proceedings or determining if the defendant poses a real and | ||
present threat to the physical safety of any person or persons. | ||
The Supreme Court shall consider establishing a | ||
risk-assessment tool that does not discriminate on the basis of | ||
race, gender, educational level, socio-economic status, or | ||
neighborhood. If a risk-assessment tool is utilized within a | ||
circuit that does not require a personal interview to be | ||
completed, the Chief Judge of the circuit or the director of | ||
the pretrial services agency may exempt the requirement under | ||
Section 9 and subsection (a) of Section 7 of the Pretrial | ||
Services Act. | ||
For the purpose of this Section, "risk-assessment tool" |
means an empirically validated, evidence-based screening | ||
instrument that demonstrates reduced instances of a | ||
defendant's failure to appear for further court proceedings or | ||
prevents future criminal activity.
| ||
(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||
(725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||
Sec. 110-10. Conditions of pretrial release bail bond .
| ||
(a) If a person is released prior to conviction, either | ||
upon payment of
bail security or on his or her own | ||
recognizance, the conditions of pretrial release the bail
bond | ||
shall be that he or she will:
| ||
(1) Appear to answer the charge in the court having | ||
jurisdiction on
a day certain and thereafter as ordered by | ||
the court until discharged or
final order of the court;
| ||
(2) Submit himself or herself to the orders and process | ||
of the court;
| ||
(3) (Blank); Not depart this State without leave of the | ||
court;
| ||
(4) Not violate any criminal statute of any | ||
jurisdiction;
| ||
(5) At a time and place designated by the court, | ||
surrender all firearms
in his or her possession to a law | ||
enforcement officer designated by the court
to take custody | ||
of and impound the firearms
and physically
surrender his or | ||
her Firearm Owner's Identification Card to the clerk of the
|
circuit court
when the offense the person has
been charged | ||
with is a forcible felony, stalking, aggravated stalking, | ||
domestic
battery, any violation of the Illinois Controlled | ||
Substances Act, the Methamphetamine Control and Community | ||
Protection Act, or the
Cannabis Control Act that is | ||
classified as a Class 2 or greater felony, or any
felony | ||
violation of Article 24 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012; the court
may,
however, forgo the | ||
imposition of this condition when the
circumstances of the
| ||
case clearly do not warrant it or when its imposition would | ||
be
impractical;
if the Firearm Owner's Identification Card | ||
is confiscated, the clerk of the circuit court shall mail | ||
the confiscated card to the Illinois State Police; all | ||
legally possessed firearms shall be returned to the person | ||
upon
the charges being dismissed, or if the person is found | ||
not guilty, unless the
finding of not guilty is by reason | ||
of insanity; and
| ||
(6) At a time and place designated by the court, submit | ||
to a
psychological
evaluation when the person has been | ||
charged with a violation of item (4) of
subsection
(a) of | ||
Section 24-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012 and that violation occurred in
a school
or in | ||
any conveyance owned, leased, or contracted by a school to | ||
transport
students to or
from school or a school-related | ||
activity, or on any public way within 1,000
feet of real
| ||
property comprising any school.
|
Psychological evaluations ordered pursuant to this Section | ||
shall be completed
promptly
and made available to the State, | ||
the defendant, and the court. As a further
condition of | ||
pretrial release bail under
these circumstances, the court | ||
shall order the defendant to refrain from
entering upon the
| ||
property of the school, including any conveyance owned, leased, | ||
or contracted
by a school to
transport students to or from | ||
school or a school-related activity, or on any public way | ||
within
1,000 feet of real property comprising any school. Upon | ||
receipt of the psychological evaluation,
either the State or | ||
the defendant may request a change in the conditions of | ||
pretrial release bail , pursuant to
Section 110-6 of this Code. | ||
The court may change the conditions of pretrial release bail to | ||
include a
requirement that the defendant follow the | ||
recommendations of the psychological evaluation,
including | ||
undergoing psychiatric treatment. The conclusions of the
| ||
psychological evaluation and
any statements elicited from the | ||
defendant during its administration are not
admissible as | ||
evidence
of guilt during the course of any trial on the charged | ||
offense, unless the
defendant places his or her
mental | ||
competency in issue.
| ||
(b) The court may impose other conditions, such as the | ||
following, if the
court finds that such conditions are | ||
reasonably necessary to assure the
defendant's appearance in | ||
court, protect the public from the defendant, or
prevent the | ||
defendant's unlawful interference with the orderly |
administration
of justice:
| ||
(0.05) Not depart this State without leave of the | ||
court; | ||
(1) Report to or appear in person before such person or | ||
agency as the
court may direct;
| ||
(2) Refrain from possessing a firearm or other | ||
dangerous weapon;
| ||
(3) Refrain from approaching or communicating with | ||
particular persons or
classes of persons;
| ||
(4) Refrain from going to certain described | ||
geographical areas or
premises;
| ||
(5) Refrain from engaging in certain activities or | ||
indulging in
intoxicating liquors or in certain drugs;
| ||
(6) Undergo treatment for drug addiction or | ||
alcoholism;
| ||
(7) Undergo medical or psychiatric treatment;
| ||
(8) Work or pursue a course of study or vocational | ||
training;
| ||
(9) Attend or reside in a facility designated by the | ||
court;
| ||
(10) Support his or her dependents;
| ||
(11) If a minor resides with his or her parents or in a | ||
foster home,
attend school, attend a non-residential | ||
program for youths, and contribute
to his or her own | ||
support at home or in a foster home;
| ||
(12) Observe any curfew ordered by the court;
|
(13) Remain in the custody of such designated person or | ||
organization
agreeing to supervise his release. Such third | ||
party custodian shall be
responsible for notifying the | ||
court if the defendant fails to observe the
conditions of | ||
release which the custodian has agreed to monitor, and | ||
shall
be subject to contempt of court for failure so to | ||
notify the court;
| ||
(14) Be placed under direct supervision of the Pretrial | ||
Services
Agency, Probation Department or Court Services | ||
Department in a pretrial
bond home supervision capacity | ||
with or without the use of an approved
electronic | ||
monitoring device subject to Article 8A of Chapter V of the
| ||
Unified Code of Corrections;
| ||
(14.1) The court may shall impose upon a defendant who | ||
is charged with any
alcohol, cannabis, methamphetamine, or | ||
controlled substance violation and is placed under
direct | ||
supervision of the Pretrial Services Agency, Probation | ||
Department or
Court Services Department in a pretrial bond | ||
home supervision capacity with
the use of an approved | ||
monitoring device, as a condition of such pretrial | ||
monitoring bail bond ,
a fee that represents costs | ||
incidental to the electronic monitoring for each
day of | ||
such pretrial bail supervision ordered by the
court, unless | ||
after determining the inability of the defendant to pay the
| ||
fee, the court assesses a lesser fee or no fee as the case | ||
may be. The fee
shall be collected by the clerk of the |
circuit court, except as provided in an administrative | ||
order of the Chief Judge of the circuit court. The clerk of | ||
the
circuit court shall pay all monies collected from this | ||
fee to the county
treasurer for deposit in the substance | ||
abuse services fund under Section
5-1086.1 of the Counties | ||
Code, except as provided in an administrative order of the | ||
Chief Judge of the circuit court. | ||
The Chief Judge of the circuit court of the county may | ||
by administrative order establish a program for electronic | ||
monitoring of offenders with regard to drug-related and | ||
alcohol-related offenses, in which a vendor supplies and | ||
monitors the operation of the electronic monitoring | ||
device, and collects the fees on behalf of the county. The | ||
program shall include provisions for indigent offenders | ||
and the collection of unpaid fees. The program shall not | ||
unduly burden the offender and shall be subject to review | ||
by the Chief Judge. | ||
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or | ||
damage to any device;
| ||
(14.2) The court may shall impose upon all defendants, | ||
including those
defendants subject to paragraph (14.1) | ||
above, placed under direct supervision
of the Pretrial | ||
Services Agency, Probation Department or Court Services
| ||
Department in a pretrial bond home supervision capacity | ||
with the use of an
approved monitoring device, as a |
condition of such release bail bond , a fee
which shall | ||
represent costs incidental to such
electronic monitoring | ||
for each day of such bail supervision ordered by the
court, | ||
unless after determining the inability of the defendant to | ||
pay the fee,
the court assesses a lesser fee or no fee as | ||
the case may be. The fee shall be
collected by the clerk of | ||
the circuit court, except as provided in an administrative | ||
order of the Chief Judge of the circuit court. The clerk of | ||
the circuit court
shall pay all monies collected from this | ||
fee to the county treasurer who shall
use the monies | ||
collected to defray the costs of corrections. The county
| ||
treasurer shall deposit the fee collected in the county | ||
working cash fund under
Section 6-27001 or Section 6-29002 | ||
of the Counties Code, as the case may
be, except as | ||
provided in an administrative order of the Chief Judge of | ||
the circuit court. | ||
The Chief Judge of the circuit court of the county may | ||
by administrative order establish a program for electronic | ||
monitoring of offenders with regard to drug-related and | ||
alcohol-related offenses, in which a vendor supplies and | ||
monitors the operation of the electronic monitoring | ||
device, and collects the fees on behalf of the county. The | ||
program shall include provisions for indigent offenders | ||
and the collection of unpaid fees. The program shall not | ||
unduly burden the offender and shall be subject to review | ||
by the Chief Judge. |
The Chief Judge of the circuit court may suspend any | ||
additional charges or fees for late payment, interest, or | ||
damage to any device;
| ||
(14.3) The Chief Judge of the Judicial Circuit may | ||
establish reasonable
fees to be paid by a person receiving | ||
pretrial services while under supervision
of a pretrial | ||
services agency, probation department, or court services
| ||
department. Reasonable fees may be charged for pretrial | ||
services
including, but not limited to, pretrial | ||
supervision, diversion programs,
electronic monitoring, | ||
victim impact services, drug and alcohol testing, DNA | ||
testing, GPS electronic monitoring, assessments and | ||
evaluations related to domestic violence and other | ||
victims, and
victim mediation services. The person | ||
receiving pretrial services may be
ordered to pay all costs | ||
incidental to pretrial services in accordance with his
or | ||
her ability to pay those costs;
| ||
(14.4) For persons charged with violating Section | ||
11-501 of the Illinois
Vehicle Code, refrain from operating | ||
a motor vehicle not equipped with an
ignition interlock | ||
device, as defined in Section 1-129.1 of the Illinois
| ||
Vehicle Code,
pursuant to the rules promulgated by the | ||
Secretary of State for the
installation of ignition
| ||
interlock devices. Under this condition the court may allow | ||
a defendant who is
not
self-employed to operate a vehicle | ||
owned by the defendant's employer that is
not equipped with |
an ignition interlock device in the course and scope of the
| ||
defendant's employment;
| ||
(15) Comply with the terms and conditions of an order | ||
of protection
issued by the court under the Illinois | ||
Domestic Violence Act of 1986 or an
order of protection | ||
issued by the court of another state, tribe, or United
| ||
States territory;
| ||
(16) (Blank); and Under Section 110-6.5 comply with the | ||
conditions of the drug testing
program; and
| ||
(17) Such other reasonable conditions as the court may | ||
impose.
| ||
(c) When a person is charged with an offense under Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||
12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, involving a victim who is a
minor under | ||
18 years of age living in the same household with the defendant
| ||
at the time of the offense, in granting bail or releasing the | ||
defendant on
his own recognizance , the judge shall impose | ||
conditions to restrict the
defendant's access to the victim | ||
which may include, but are not limited to
conditions that he | ||
will:
| ||
1. Vacate the household.
| ||
2. Make payment of temporary support to his dependents.
| ||
3. Refrain from contact or communication with the child | ||
victim, except
as ordered by the court.
| ||
(d) When a person is charged with a criminal offense and |
the victim is
a family or household member as defined in | ||
Article 112A, conditions shall
be imposed at the time of the | ||
defendant's release on bond that restrict the
defendant's | ||
access to the victim.
Unless provided otherwise by the court, | ||
the
restrictions shall include
requirements that the defendant | ||
do the following:
| ||
(1) refrain from contact or communication with the | ||
victim for a
minimum period of 72 hours following the | ||
defendant's release; and
| ||
(2) refrain from entering or remaining at the victim's | ||
residence for a
minimum period of 72 hours following the | ||
defendant's release.
| ||
(e) Local law enforcement agencies shall develop | ||
standardized pretrial release bond forms
for use in cases | ||
involving family or household members as defined in
Article | ||
112A, including specific conditions of pretrial release bond as | ||
provided in
subsection (d). Failure of any law enforcement | ||
department to develop or use
those forms shall in no way limit | ||
the applicability and enforcement of
subsections (d) and (f).
| ||
(f) If the defendant is released admitted to bail after | ||
conviction following appeal or other post-conviction | ||
proceeding, the
conditions of the pretrial release bail bond | ||
shall be that he will, in addition to the
conditions set forth | ||
in subsections (a) and (b) hereof:
| ||
(1) Duly prosecute his appeal;
| ||
(2) Appear at such time and place as the court may |
direct;
| ||
(3) Not depart this State without leave of the court;
| ||
(4) Comply with such other reasonable conditions as the | ||
court may
impose; and
| ||
(5) If the judgment is affirmed or the cause reversed | ||
and remanded
for a new trial, forthwith surrender to the | ||
officer from whose custody
he was released bailed .
| ||
(g) Upon a finding of guilty for any felony offense, the | ||
defendant shall
physically surrender, at a time and place | ||
designated by the court,
any and all firearms in his or her | ||
possession and his or her Firearm Owner's
Identification Card | ||
as a condition of being released remaining on bond pending | ||
sentencing.
| ||
(h) In the event the defendant is denied pretrial release | ||
unable to post bond , the court may impose a no contact | ||
provision with the victim or other interested party that shall | ||
be enforced while the defendant remains in custody. | ||
(Source: P.A. 101-138, eff. 1-1-20 .)
| ||
(725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
| ||
Sec. 110-11. Pretrial release Bail on a new trial. If the | ||
judgment of conviction is reversed and the cause remanded for a
| ||
new trial the trial court may order that the conditions of | ||
pretrial release bail stand pending such trial,
or modify the | ||
conditions of pretrial release reduce or increase bail .
| ||
(Source: Laws 1963, p. 2836 .)
|
(725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
| ||
Sec. 110-12. Notice of change of address.
| ||
A defendant who has been admitted to pretrial release bail | ||
shall file a written notice with the
clerk of the court before | ||
which the proceeding is pending of any change in
his or her | ||
address within 24 hours after such change, except that a
| ||
defendant who
has been admitted to pretrial release bail for a | ||
forcible felony as defined in Section 2-8 of
the Criminal Code | ||
of 2012 shall
file a written notice with the clerk of the court | ||
before which the proceeding
is pending and the clerk shall | ||
immediately deliver a time stamped copy of the
written notice | ||
to the State's Attorney charged with the prosecution within 24
| ||
hours prior to such change. The address of a defendant who has | ||
been admitted
to pretrial release bail shall at all times | ||
remain a matter of public record with the clerk of
the court.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
| ||
Sec. 111-2. Commencement of prosecutions.
| ||
(a) All prosecutions of
felonies shall be by information or | ||
by indictment. No prosecution may be
pursued by information | ||
unless a preliminary hearing has been held or
waived in | ||
accordance with Section 109-3 and at that hearing probable
| ||
cause to believe the defendant committed an offense was found, | ||
and the
provisions of Section 109-3.1 of this Code have been |
complied with.
| ||
(b) All other prosecutions may be by indictment, | ||
information or
complaint.
| ||
(c) Upon the filing of an information or indictment in open
| ||
court charging the defendant with the commission of a sex | ||
offense
defined in any Section of Article 11 of the Criminal | ||
Code of 1961 or the Criminal Code of 2012,
and a minor as | ||
defined in Section 1-3 of the Juvenile
Court Act of 1987 is | ||
alleged to be the victim of the
commission of the acts of the | ||
defendant in the commission of
such offense, the court may | ||
appoint a guardian ad litem for the
minor as provided in | ||
Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of | ||
1987.
| ||
(d) Upon the filing of an information or indictment in open | ||
court,
the court shall immediately issue a warrant for the | ||
arrest of each
person charged with an offense directed to a | ||
peace officer or some other
person specifically named | ||
commanding him to arrest such person.
| ||
(e) When the offense is eligible for pretrial release | ||
bailable , the judge shall endorse on the
warrant the conditions | ||
of pretrial release amount of bail required by the order of the | ||
court, and if
the court orders the process returnable | ||
forthwith, the warrant shall
require that the accused be | ||
arrested and brought immediately into court.
| ||
(f) Where the prosecution of a felony is by information or | ||
complaint
after preliminary hearing, or after a waiver of |
preliminary hearing in
accordance with paragraph (a) of this | ||
Section, such prosecution may be
for all offenses, arising from | ||
the same transaction or conduct of a
defendant even though the | ||
complaint or complaints filed at the
preliminary hearing | ||
charged only one or some of the offenses arising
from that | ||
transaction or conduct.
| ||
(Source: P.A. 97-1150, eff. 1-25-13.)
| ||
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||
Sec. 112A-23. Enforcement of protective orders.
| ||
(a) When violation is crime. A violation of any protective | ||
order,
whether issued in a civil, quasi-criminal proceeding, | ||
shall be
enforced by a
criminal court when:
| ||
(1) The respondent commits the crime of violation of a | ||
domestic violence order of
protection pursuant to Section | ||
12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||
Criminal Code of 2012, by
having knowingly violated:
| ||
(i) remedies described in paragraphs (1), (2), | ||
(3), (14),
or
(14.5)
of subsection (b) of Section | ||
112A-14 of this Code,
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized
under paragraphs (1), (2), | ||
(3), (14), or (14.5) of subsection (b) of Section 214
| ||
of the Illinois Domestic Violence Act of 1986, in a | ||
valid order of protection,
which is authorized under | ||
the laws of another state, tribe or United States
|
territory, or
| ||
(iii) or any other remedy when the act
constitutes | ||
a crime against the protected parties as defined by the | ||
Criminal
Code of 1961 or the Criminal Code of 2012.
| ||
Prosecution for a violation of a domestic violence | ||
order of protection shall
not bar concurrent prosecution | ||
for any other crime, including any crime
that may have been | ||
committed at the time of the violation of the domestic | ||
violence order
of protection; or
| ||
(2) The respondent commits the crime of child abduction | ||
pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, by having knowingly violated:
| ||
(i) remedies described in paragraphs (5), (6), or | ||
(8) of subsection
(b)
of
Section 112A-14 of this Code, | ||
or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized
under paragraphs (1),
(5), | ||
(6), or (8) of subsection (b) of Section 214
of the | ||
Illinois Domestic Violence Act of 1986, in a valid | ||
domestic violence order of protection,
which is | ||
authorized under the laws of another state, tribe or | ||
United States
territory.
| ||
(3) The respondent commits the crime of violation of a | ||
civil no contact order when the respondent violates Section | ||
12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||
violation of a civil no contact order shall not bar |
concurrent prosecution for any other crime, including any | ||
crime that may have been committed at the time of the | ||
violation of the civil no contact order. | ||
(4) The respondent commits the crime of violation of a | ||
stalking no contact order when the respondent violates | ||
Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||
for a violation of a stalking no contact order shall not | ||
bar concurrent prosecution for any other crime, including | ||
any crime that may have been committed at the time of the | ||
violation of the stalking no contact order. | ||
(b) When violation is contempt of court. A violation of any | ||
valid protective order, whether issued in a civil or criminal
| ||
proceeding, may be enforced through civil or criminal contempt | ||
procedures,
as appropriate, by any court with jurisdiction, | ||
regardless where the act or
acts which violated the protective | ||
order were committed, to the extent
consistent with the venue | ||
provisions of this Article. Nothing in this
Article shall | ||
preclude any Illinois court from enforcing any valid protective | ||
order issued in another state. Illinois courts may enforce | ||
protective orders through both criminal prosecution and | ||
contempt proceedings,
unless the action which is second in time | ||
is barred by collateral estoppel
or the constitutional | ||
prohibition against double jeopardy.
| ||
(1) In a contempt proceeding where the petition for a | ||
rule to show
cause sets forth facts evidencing an immediate | ||
danger that the
respondent will flee the jurisdiction, |
conceal a child, or inflict physical
abuse on the | ||
petitioner or minor children or on dependent adults in
| ||
petitioner's care, the court may order the
attachment of | ||
the respondent without prior service of the rule to show
| ||
cause or the petition for a rule to show cause. Bond shall | ||
be set unless
specifically denied in writing.
| ||
(2) A petition for a rule to show cause for violation | ||
of a protective order shall be treated as an expedited | ||
proceeding.
| ||
(c) Violation of custody, allocation of parental | ||
responsibility, or support orders. A violation of remedies
| ||
described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||
of Section
112A-14 of this Code may be enforced by any remedy | ||
provided by Section 607.5 of
the Illinois Marriage and | ||
Dissolution of Marriage Act. The court may
enforce any order | ||
for support issued under paragraph (12) of subsection (b)
of | ||
Section 112A-14 of this Code in the manner provided for under | ||
Parts
V and VII of the
Illinois Marriage and Dissolution of | ||
Marriage Act.
| ||
(d) Actual knowledge. A protective order may be
enforced | ||
pursuant to this Section if the respondent violates the order
| ||
after respondent has actual knowledge of its contents
as shown | ||
through one of the following means:
| ||
(1) (Blank).
| ||
(2) (Blank).
| ||
(3) By service of a protective order under subsection |
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||
(4) By other means demonstrating actual knowledge of | ||
the contents of the order.
| ||
(e) The enforcement of a protective order in civil or | ||
criminal court
shall not be affected by either of the | ||
following:
| ||
(1) The existence of a separate, correlative order | ||
entered under Section
112A-15 of this Code.
| ||
(2) Any finding or order entered in a conjoined | ||
criminal proceeding.
| ||
(f) Circumstances. The court, when determining whether or | ||
not a
violation of a protective order has occurred, shall not | ||
require
physical manifestations of abuse on the person of the | ||
victim.
| ||
(g) Penalties.
| ||
(1) Except as provided in paragraph (3) of this
| ||
subsection (g), where the court finds the commission of a | ||
crime or contempt of
court under subsections (a) or (b) of | ||
this Section, the penalty shall be
the penalty that | ||
generally applies in such criminal or contempt
| ||
proceedings, and may include one or more of the following: | ||
incarceration,
payment of restitution, a fine, payment of | ||
attorneys' fees and costs, or
community service.
| ||
(2) The court shall hear and take into account evidence | ||
of any factors
in aggravation or mitigation before deciding | ||
an appropriate penalty under
paragraph (1) of this |
subsection (g).
| ||
(3) To the extent permitted by law, the court is | ||
encouraged to:
| ||
(i) increase the penalty for the knowing violation | ||
of
any protective order over any penalty previously | ||
imposed by any court
for respondent's violation of any | ||
protective order or penal statute
involving petitioner | ||
as victim and respondent as defendant;
| ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's
first violation of any | ||
protective order; and
| ||
(iii) impose a minimum penalty of 48 hours | ||
imprisonment for
respondent's second or subsequent | ||
violation of a protective order | ||
unless the court explicitly finds that an increased penalty | ||
or that
period of imprisonment would be manifestly unjust.
| ||
(4) In addition to any other penalties imposed for a | ||
violation of a protective order, a criminal court may | ||
consider evidence of any
violations of a protective order:
| ||
(i) to increase, revoke, or modify the conditions | ||
of pretrial release bail bond on an underlying
criminal | ||
charge pursuant to Section 110-6 of this Code;
| ||
(ii) to revoke or modify an order of probation, | ||
conditional discharge, or
supervision, pursuant to | ||
Section 5-6-4 of the Unified Code of Corrections;
| ||
(iii) to revoke or modify a sentence of periodic |
imprisonment, pursuant
to Section 5-7-2 of the Unified | ||
Code of Corrections.
| ||
(Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; | ||
100-597, eff. 6-29-18; revised 7-12-19.)
| ||
(725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
| ||
Sec. 114-1. Motion to dismiss charge.
| ||
(a) Upon the written motion of the defendant made prior to | ||
trial before
or after a plea has been entered the court may | ||
dismiss the indictment,
information or complaint upon any of | ||
the following grounds:
| ||
(1) The defendant has not been placed on trial in | ||
compliance
with Section 103-5 of this Code.
| ||
(2) The prosecution of the offense is barred by | ||
Sections 3-3 through
3-8 of the Criminal Code of 2012.
| ||
(3) The defendant has received immunity from | ||
prosecution for the offense
charged.
| ||
(4) The indictment was returned by a Grand Jury which | ||
was improperly
selected and which results in substantial | ||
injustice to the defendant.
| ||
(5) The indictment was returned by a Grand Jury which | ||
acted contrary to
Article 112 of this Code and which | ||
results in substantial injustice to the
defendant.
| ||
(6) The court in which the charge has been filed does | ||
not have
jurisdiction.
| ||
(7) The county is an improper place of trial.
|
(8) The charge does not state an offense.
| ||
(9) The indictment is based solely upon the testimony | ||
of an incompetent
witness.
| ||
(10) The defendant is misnamed in the charge and the | ||
misnomer results in
substantial injustice to the | ||
defendant.
| ||
(11) The requirements of Section 109-3.1 have not been | ||
complied with.
| ||
(b) The court shall require any motion to dismiss to be | ||
filed within a
reasonable time after the defendant has been | ||
arraigned. Any motion not
filed within such time or an | ||
extension thereof shall not be considered by
the court and the | ||
grounds therefor, except as to subsections (a)(6) and
(a)(8) of | ||
this Section, are waived.
| ||
(c) If the motion presents only an issue of law the court | ||
shall
determine it without the necessity of further pleadings. | ||
If the motion
alleges facts not of record in the case the State | ||
shall file an answer
admitting or denying each of the factual | ||
allegations of the motion.
| ||
(d) When an issue of fact is presented by a motion to | ||
dismiss and the
answer of the State the court shall conduct a | ||
hearing and determine the
issues.
| ||
(d-5) When a defendant seeks dismissal of the charge upon | ||
the ground set
forth in subsection (a)(7) of this Section, the | ||
defendant shall make a prima
facie showing that the county is | ||
an improper place of trial. Upon such
showing, the State shall |
have the burden of proving, by a preponderance of
the evidence, | ||
that the county is the proper place of trial.
| ||
(d-6) When a defendant seeks dismissal of the charge upon | ||
the grounds set forth in subsection (a)(2) of this Section, the | ||
prosecution shall have the burden of proving, by a | ||
preponderance of the evidence, that the
prosecution of the | ||
offense is not barred by Sections 3-3 through 3-8 of the | ||
Criminal Code of 2012. | ||
(e) Dismissal of the charge upon the grounds set forth in | ||
subsections
(a)(4) through (a)(11) of this Section shall not | ||
prevent the return of a
new indictment or the filing of a new | ||
charge, and upon such dismissal
the court may order that the | ||
defendant be held in custody or, if the
defendant had been | ||
previously released on pretrial release bail , that the pretrial | ||
release bail be continued for a specified time pending the | ||
return of a new
indictment or the filing of a new charge.
| ||
(f) If the court determines that the motion to dismiss | ||
based upon the
grounds set forth in subsections (a)(6) and | ||
(a)(7) is well founded it
may, instead of dismissal, order the | ||
cause transferred to a court of
competent jurisdiction or to a | ||
proper place of trial.
| ||
(Source: P.A. 100-434, eff. 1-1-18 .)
| ||
(725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
| ||
Sec. 115-4.1. Absence of defendant.
| ||
(a) When a defendant after arrest
and an initial court |
appearance for a non-capital felony or a misdemeanor,
fails to | ||
appear for trial, at the request of the State and after the | ||
State
has affirmatively proven through substantial evidence | ||
that the defendant
is willfully avoiding trial, the court may | ||
commence trial in the absence
of the defendant. Absence of a | ||
defendant as specified in this Section
shall not be a bar to | ||
indictment of a defendant, return of information
against a | ||
defendant, or arraignment of a defendant for the charge for | ||
which
pretrial release bail has been granted. If a defendant | ||
fails
to appear at arraignment, the court may enter a plea of | ||
"not guilty" on his
behalf. If a defendant absents himself | ||
before trial on a capital felony,
trial may proceed as | ||
specified in this Section provided that the State
certifies | ||
that it will not seek a death sentence following conviction.
| ||
Trial in the defendant's absence shall be by jury unless
the | ||
defendant had previously waived trial by jury. The absent | ||
defendant
must be represented by retained or appointed counsel.
| ||
The court, at the conclusion of all of the proceedings, may | ||
order the clerk
of the circuit court to pay counsel such sum as | ||
the court deems reasonable,
from any bond monies which were | ||
posted by the defendant with the clerk,
after the clerk has | ||
first deducted all court costs. If trial had previously
| ||
commenced in the presence of the defendant and the defendant | ||
willfully absents
himself for two successive court days, the | ||
court shall proceed to trial. All
procedural rights guaranteed | ||
by the United States Constitution, Constitution
of the State of |
Illinois, statutes of the State of Illinois, and rules of court
| ||
shall apply to the proceedings the same as if the defendant | ||
were present
in court and had not either had his or her | ||
pretrial release revoked forfeited his bail bond or escaped
| ||
from custody. The court may set the case for a trial which may | ||
be conducted
under this Section despite the failure of the | ||
defendant to appear at the
hearing at which the trial date is | ||
set. When such trial date is set the
clerk shall send to the | ||
defendant, by certified mail at his last known address
| ||
indicated on his bond slip, notice of the new date which has | ||
been set for
trial. Such notification shall be required when | ||
the defendant was not
personally present in open court at the | ||
time when the case was set for trial.
| ||
(b) The absence of a defendant from a trial conducted | ||
pursuant to this
Section does not operate as a bar to | ||
concluding the trial, to a judgment
of conviction resulting | ||
therefrom, or to a final disposition of the trial
in favor of | ||
the defendant.
| ||
(c) Upon a verdict of not guilty, the court shall enter | ||
judgment for the
defendant. Upon a verdict of guilty, the court | ||
shall set a date for the
hearing of post-trial motions and | ||
shall hear such motion in the absence
of the defendant. If | ||
post-trial motions are denied, the court shall proceed
to | ||
conduct a sentencing hearing and to impose a sentence upon the | ||
defendant.
| ||
(d) A defendant who is absent for part of the proceedings |
of trial,
post-trial motions, or sentencing, does not thereby | ||
forfeit his right to be
present at all remaining proceedings.
| ||
(e) When a defendant who in his absence has been either | ||
convicted or
sentenced or both convicted and sentenced appears | ||
before the court, he must
be granted a new trial or new | ||
sentencing hearing if the defendant can
establish that his | ||
failure to appear in court was both without his fault
and due | ||
to circumstances beyond his control. A hearing with notice to | ||
the
State's Attorney on the defendant's request for a new trial | ||
or a new
sentencing hearing must be held before any such | ||
request may be granted. At
any such hearing both the defendant | ||
and the State may present evidence.
| ||
(f) If the court grants only the defendant's request for a | ||
new sentencing
hearing, then a new sentencing hearing shall be | ||
held in accordance with
the provisions of the Unified Code of | ||
Corrections. At any such hearing,
both the defendant and the | ||
State may offer evidence of the defendant's conduct
during his | ||
period of absence from the court. The court may impose any | ||
sentence
authorized by the Unified Code of Corrections and is | ||
not in any way limited
or restricted by any sentence previously | ||
imposed.
| ||
(g) A defendant whose motion under paragraph (e) for a new | ||
trial or new
sentencing hearing has been denied may file a | ||
notice of appeal therefrom.
Such notice may also include a | ||
request for review of the judgment and sentence
not vacated by | ||
the trial court.
|
(Source: P.A. 90-787, eff. 8-14-98.)
| ||
(725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
| ||
Sec. 122-6. Disposition in trial court.
| ||
The court may receive proof by affidavits, depositions, | ||
oral testimony,
or other evidence. In its discretion the court | ||
may order the petitioner
brought before the court for the | ||
hearing. If the court finds in favor of
the petitioner, it | ||
shall enter an appropriate order with respect to the
judgment | ||
or sentence in the former proceedings and such supplementary
| ||
orders as to rearraignment, retrial, custody, conditions of | ||
pretrial release bail or discharge as may be
necessary and | ||
proper.
| ||
(Source: Laws 1963, p. 2836.)
| ||
Section 10-256. The Code of Criminal Procedure of 1963 is | ||
amended by changing the heading of Article 110 by changing | ||
Sections 103-2, 103-3, and 108-8 as follows:
| ||
(725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
| ||
Sec. 103-2. Treatment while in custody.
| ||
(a) On being taken into custody every person shall have the | ||
right to
remain silent.
| ||
(b) No unlawful means of any kind shall be used to obtain a | ||
statement,
admission or confession from any person in custody.
| ||
(c) Persons in custody shall be treated humanely and |
provided with
proper food, shelter and, if required, medical | ||
treatment without unreasonable delay if the need for the | ||
treatment is apparent .
| ||
(Source: Laws 1963, p. 2836.)
| ||
(725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
| ||
Sec. 103-3.
Right
to communicate with attorney and family; | ||
transfers.
| ||
(a) (Blank). Persons who are arrested shall have the right | ||
to communicate with an
attorney of their choice and a member of | ||
their family by making a
reasonable number of telephone calls | ||
or in any other reasonable manner.
Such communication shall be | ||
permitted within a reasonable time after
arrival at the first | ||
place of custody.
| ||
(a-5) Persons who are in police custody have the right to
| ||
communicate free of charge with an attorney of their choice and | ||
members of their family as soon as possible upon being taken
| ||
into police custody, but no later than three hours after | ||
arrival
at the first place of custody. Persons in police | ||
custody must be given: | ||
(1) access to use a telephone via a land line or
| ||
cellular phone to make three phone calls; and | ||
(2) the ability to retrieve phone numbers contained in
| ||
his or her contact list on his or her cellular phone prior
| ||
to the phone being placed into inventory. | ||
(a-10) In accordance with Section 103-7, at every facility |
where a
person is in police custody a sign containing, at | ||
minimum, the
following information in bold block type must be | ||
posted in a
conspicuous place: | ||
(1) a short statement notifying persons who are in
| ||
police custody of their right to have access to a phone
| ||
within three hours after being taken into police custody; | ||
and | ||
(2) persons who are in police custody have the right to
| ||
make three phone calls within three hours after being taken
| ||
into custody, at no charge. | ||
(a-15) In addition to the information listed in subsection
| ||
(a-10), if the place of custody is located in a jurisdiction
| ||
where the court has appointed the public defender or other
| ||
attorney to represent persons who are in police custody, the
| ||
telephone number to the public defender or appointed attorney's
| ||
office must also be displayed. The telephone call to the public
| ||
defender or other attorney must not be monitored, eavesdropped
| ||
upon, or recorded. | ||
(b) (Blank). In the event the accused is transferred to a | ||
new place of custody
his right to communicate with an attorney | ||
and a member of his family is
renewed.
| ||
(c) In the event a person who is in police custody is
| ||
transferred to a new place of custody, his or her right to make
| ||
telephone calls under this Section within three hours after | ||
arrival is renewed. | ||
(d) In this Section "custody" means the restriction of a
|
person's freedom of movement by a law enforcement officer's
| ||
exercise of his or her lawful authority. | ||
(e) The three hours requirement shall not apply while the | ||
person in police custody is asleep, unconscious, or otherwise | ||
incapacitated. | ||
(f) Nothing in this Section shall interfere with a person's | ||
rights or override procedures required in the Bill of Rights of | ||
the Illinois and US Constitutions, including but not limited to | ||
Fourth Amendment search and seizure rights, Fifth Amendment due | ||
process rights and rights to be free from self-incrimination | ||
and Sixth Amendment right to counsel. | ||
(Source: Laws 1963, p. 2836.)
| ||
(725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
| ||
Sec. 108-8. Use of force in execution of search warrant.
| ||
(a) All necessary and reasonable force may be used to | ||
effect an entry into
any building or property or part thereof | ||
to execute a search warrant.
| ||
(b) The court issuing a warrant may authorize the officer | ||
executing the
warrant to make entry without first knocking and | ||
announcing his or her office
if it finds, based upon a showing | ||
of specific facts, the existence of the
following exigent | ||
circumstances:
| ||
(1) That the officer reasonably believes that if notice | ||
were given a
weapon would be used:
| ||
(i) against the officer executing the search |
warrant; or
| ||
(ii) against another person.
| ||
(2) That if notice were given there is an imminent | ||
"danger" that evidence
will be destroyed.
| ||
(c) Prior to the issuing of a warrant under subsection (b), | ||
the officer must attest that: | ||
(1) prior to entering the location described in the | ||
search warrant, a supervising officer will ensure that each | ||
participating member is assigned a body worn camera and is | ||
following policies and procedures in accordance with | ||
Section 10-20 of the Law Enforcement Officer-Worn Body | ||
Camera Act; provided that the law enforcement agency has | ||
implemented body worn camera in accordance with Section | ||
10-15 of the Law Enforcement Officer-Worn Body
Camera Act. | ||
If a law enforcement agency has not implemented a body | ||
camera in accordance with Section 10-15 of the Law | ||
Enforcement Officer-Worn Body
Camera Act, the officer must | ||
attest that the interaction authorized by the warrant is | ||
otherwise recorded; | ||
(2) steps were taken in planning the search to ensure | ||
accuracy and plan for children or other vulnerable people | ||
on-site; and | ||
(3) if an officer becomes aware the search warrant was | ||
executed at an address, unit, or apartment different from | ||
the location listed on the search warrant, that member will | ||
immediately notify a supervisor who will ensure an internal |
investigation ensues. | ||
(Source: P.A. 92-502, eff. 12-19-01.)
| ||
(725 ILCS 5/110-5.1 rep.) | ||
(725 ILCS 5/110-6.3 rep.) | ||
(725 ILCS 5/110-6.5 rep.) | ||
(725 ILCS 5/110-7 rep.) | ||
(725 ILCS 5/110-8 rep.) | ||
(725 ILCS 5/110-9 rep.) | ||
(725 ILCS 5/110-13 rep.) | ||
(725 ILCS 5/110-14 rep.) | ||
(725 ILCS 5/110-15 rep.) | ||
(725 ILCS 5/110-16 rep.) | ||
(725 ILCS 5/110-17 rep.) | ||
(725 ILCS 5/110-18 rep.) | ||
Section 10-260. The Code of Criminal Procedure of 1963 is | ||
amended by repealing Sections 110-5.1, 110-6.3, 110-6.5, | ||
110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16, 110-17, | ||
and 110-18.
| ||
Section 10-265. The Rights of Crime Victims and Witnesses | ||
Act is amended by changing Sections 4 and 4.5 as follows:
| ||
(725 ILCS 120/4) (from Ch. 38, par. 1404)
| ||
Sec. 4. Rights of crime victims.
| ||
(a) Crime victims shall have the following rights:
|
(1) The right to be treated with fairness and respect | ||
for their dignity
and privacy and to be free from | ||
harassment, intimidation, and abuse throughout the | ||
criminal justice process.
| ||
(1.5) The right to notice and to a hearing before a | ||
court ruling on a request for access to any of the victim's | ||
records, information, or communications which are | ||
privileged or confidential by law. | ||
(2) The right to timely notification of all court | ||
proceedings.
| ||
(3) The right to communicate with the prosecution.
| ||
(4) The right to be heard at any post-arraignment court | ||
proceeding in which a right of the victim is at issue and | ||
any court proceeding involving a post-arraignment release | ||
decision, plea, or sentencing.
| ||
(5) The right to be notified of the conviction, the | ||
sentence, the imprisonment
and the release of the accused.
| ||
(6) The right to the timely disposition of the case | ||
following the arrest
of the accused.
| ||
(7) The right to be reasonably protected from the | ||
accused through the
criminal justice process.
| ||
(7.5) The right to have the safety of the victim and | ||
the victim's family considered in denying or fixing the | ||
amount of bail, determining whether to release the | ||
defendant , and setting conditions of release after arrest | ||
and conviction. |
(8) The right to be present at the trial and all other | ||
court proceedings
on the same basis as the accused, unless | ||
the victim is to testify and the court
determines that the | ||
victim's testimony would be materially affected if the
| ||
victim hears other testimony at the trial.
| ||
(9) The right to have present at all court proceedings, | ||
including proceedings under the Juvenile Court Act of 1987, | ||
subject to the
rules of evidence, an advocate and other | ||
support person of the victim's choice.
| ||
(10) The right to restitution.
| ||
(b) Any law enforcement agency that investigates an offense | ||
committed in this State shall provide a crime victim with a | ||
written statement and explanation of the rights of crime | ||
victims under this amendatory Act of the 99th General Assembly | ||
within 48 hours of law enforcement's initial contact with a | ||
victim. The statement shall include information about crime | ||
victim compensation, including how to contact the Office of the | ||
Illinois Attorney General to file a claim, and appropriate | ||
referrals to local and State programs that provide victim | ||
services. The content of the statement shall be provided to law | ||
enforcement by the Attorney General. Law enforcement shall also | ||
provide a crime victim with a sign-off sheet that the victim | ||
shall sign and date as an acknowledgement that he or she has | ||
been furnished with information and an explanation of the | ||
rights of crime victims and compensation set forth in this Act. | ||
(b-5) Upon the request of the victim, the law enforcement |
agency having jurisdiction shall provide a free copy of the | ||
police report concerning the victim's incident, as soon as | ||
practicable, but in no event later than 5 business days from | ||
the request. | ||
(c) The Clerk of the Circuit Court shall post the rights of | ||
crime victims set forth in Article I, Section 8.1(a) of the | ||
Illinois Constitution and subsection (a) of this Section within | ||
3 feet of the door to any courtroom where criminal proceedings | ||
are conducted. The clerk may also post the rights in other | ||
locations in the courthouse. | ||
(d) At any point, the victim has the right to retain a | ||
victim's attorney who may be present during all stages of any | ||
interview, investigation, or other interaction with | ||
representatives of the criminal justice system. Treatment of | ||
the victim should not be affected or altered in any way as a | ||
result of the victim's decision to exercise this right.
| ||
(Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19 .)
| ||
(725 ILCS 120/4.5)
| ||
Sec. 4.5. Procedures to implement the rights of crime | ||
victims. To afford
crime victims their rights, law enforcement, | ||
prosecutors, judges, and
corrections will provide information, | ||
as appropriate, of the following
procedures:
| ||
(a) At the request of the crime victim, law enforcement | ||
authorities
investigating the case shall provide notice of the | ||
status of the investigation,
except where the State's Attorney |
determines that disclosure of such
information would | ||
unreasonably interfere with the investigation, until such
time | ||
as the alleged assailant is apprehended or the investigation is | ||
closed.
| ||
(a-5) When law enforcement authorities reopen a closed case | ||
to resume investigating, they shall provide notice of the | ||
reopening of the case, except where the State's Attorney | ||
determines that disclosure of such information would | ||
unreasonably interfere with the investigation. | ||
(b) The office of the State's Attorney:
| ||
(1) shall provide notice of the filing of an | ||
information, the return of an
indictment, or the
filing of | ||
a petition to adjudicate a minor as a delinquent for a | ||
violent
crime;
| ||
(2) shall provide timely notice of the date, time, and | ||
place of court proceedings; of any change in the date, | ||
time, and place of court proceedings; and of any | ||
cancellation of court proceedings. Notice shall be | ||
provided in sufficient time, wherever possible, for the | ||
victim to
make arrangements to attend or to prevent an | ||
unnecessary appearance at court proceedings;
| ||
(3) or victim advocate personnel shall provide | ||
information of social
services and financial assistance | ||
available for victims of crime, including
information of | ||
how to apply for these services and assistance;
| ||
(3.5) or victim advocate personnel shall provide |
information about available victim services, including | ||
referrals to programs, counselors, and agencies that | ||
assist a victim to deal with trauma, loss, and grief; | ||
(4) shall assist in having any stolen or other personal | ||
property held by
law enforcement authorities for | ||
evidentiary or other purposes returned as
expeditiously as | ||
possible, pursuant to the procedures set out in Section | ||
115-9
of the Code of Criminal Procedure of 1963;
| ||
(5) or victim advocate personnel shall provide | ||
appropriate employer
intercession services to ensure that | ||
employers of victims will cooperate with
the criminal | ||
justice system in order to minimize an employee's loss of | ||
pay and
other benefits resulting from court appearances;
| ||
(6) shall provide, whenever possible, a secure waiting
| ||
area during court proceedings that does not require victims | ||
to be in close
proximity to defendants or juveniles accused | ||
of a violent crime, and their
families and friends;
| ||
(7) shall provide notice to the crime victim of the | ||
right to have a
translator present at all court proceedings | ||
and, in compliance with the federal Americans
with | ||
Disabilities Act of 1990, the right to communications | ||
access through a
sign language interpreter or by other | ||
means;
| ||
(8) (blank);
| ||
(8.5) shall inform the victim of the right to be | ||
present at all court proceedings, unless the victim is to |
testify and the court determines that the victim's | ||
testimony would be materially affected if the victim hears | ||
other testimony at trial; | ||
(9) shall inform the victim of the right to have | ||
present at all court
proceedings, subject to the rules of | ||
evidence and confidentiality, an advocate and other | ||
support
person of the victim's choice; | ||
(9.3) shall inform the victim of the right to retain an | ||
attorney, at the
victim's own expense, who, upon written | ||
notice filed with the clerk of the
court and State's | ||
Attorney, is to receive copies of all notices, motions, and
| ||
court orders filed thereafter in the case, in the same | ||
manner as if the victim
were a named party in the case;
| ||
(9.5) shall inform the victim of (A) the victim's right | ||
under Section 6 of this Act to make a statement at the | ||
sentencing hearing; (B) the right of the victim's spouse, | ||
guardian, parent, grandparent, and other immediate family | ||
and household members under Section 6 of this Act to | ||
present a statement at sentencing; and (C) if a presentence | ||
report is to be prepared, the right of the victim's spouse, | ||
guardian, parent, grandparent, and other immediate family | ||
and household members to submit information to the preparer | ||
of the presentence report about the effect the offense has | ||
had on the victim and the person; | ||
(10) at the sentencing shall make a good faith attempt | ||
to explain
the minimum amount of time during which the |
defendant may actually be
physically imprisoned. The | ||
Office of the State's Attorney shall further notify
the | ||
crime victim of the right to request from the Prisoner | ||
Review Board
or Department of Juvenile Justice information | ||
concerning the release of the defendant;
| ||
(11) shall request restitution at sentencing and as | ||
part of a plea agreement if the victim requests | ||
restitution;
| ||
(12) shall, upon the court entering a verdict of not | ||
guilty by reason of insanity, inform the victim of the | ||
notification services available from the Department of | ||
Human Services, including the statewide telephone number, | ||
under subparagraph (d)(2) of this Section;
| ||
(13) shall provide notice within a reasonable time | ||
after receipt of notice from
the custodian, of the release | ||
of the defendant on pretrial release bail or personal | ||
recognizance
or the release from detention of a minor who | ||
has been detained;
| ||
(14) shall explain in nontechnical language the | ||
details of any plea or verdict of
a defendant, or any | ||
adjudication of a juvenile as a delinquent;
| ||
(15) shall make all reasonable efforts to consult with | ||
the crime victim before the Office of
the State's Attorney | ||
makes an offer of a plea bargain to the defendant or
enters | ||
into negotiations with the defendant concerning a possible | ||
plea
agreement, and shall consider the written statement, |
if prepared
prior to entering into a plea agreement. The | ||
right to consult with the prosecutor does not include the | ||
right to veto a plea agreement or to insist the case go to | ||
trial. If the State's Attorney has not consulted with the | ||
victim prior to making an offer or entering into plea | ||
negotiations with the defendant, the Office of the State's | ||
Attorney shall notify the victim of the offer or the | ||
negotiations within 2 business days and confer with the | ||
victim;
| ||
(16) shall provide notice of the ultimate disposition | ||
of the cases arising from
an indictment or an information, | ||
or a petition to have a juvenile adjudicated
as a | ||
delinquent for a violent crime;
| ||
(17) shall provide notice of any appeal taken by the | ||
defendant and information
on how to contact the appropriate | ||
agency handling the appeal, and how to request notice of | ||
any hearing, oral argument, or decision of an appellate | ||
court;
| ||
(18) shall provide timely notice of any request for | ||
post-conviction review filed by the
defendant under | ||
Article 122 of the Code of Criminal Procedure of 1963, and | ||
of
the date, time and place of any hearing concerning the | ||
petition. Whenever
possible, notice of the hearing shall be | ||
given within 48 hours of the court's scheduling of the | ||
hearing; and
| ||
(19) shall forward a copy of any statement presented |
under Section 6 to the
Prisoner Review Board or Department | ||
of Juvenile Justice to be considered in making a | ||
determination
under Section 3-2.5-85 or subsection (b) of | ||
Section 3-3-8 of the Unified Code of Corrections.
| ||
(c) The court shall ensure that the rights of the victim | ||
are afforded. | ||
(c-5) The following procedures shall be followed to afford | ||
victims the rights guaranteed by Article I, Section 8.1 of the | ||
Illinois Constitution: | ||
(1) Written notice. A victim may complete a written | ||
notice of intent to assert rights on a form prepared by the | ||
Office of the Attorney General and provided to the victim | ||
by the State's Attorney. The victim may at any time provide | ||
a revised written notice to the State's Attorney. The | ||
State's Attorney shall file the written notice with the | ||
court. At the beginning of any court proceeding in which | ||
the right of a victim may be at issue, the court and | ||
prosecutor shall review the written notice to determine | ||
whether the victim has asserted the right that may be at | ||
issue. | ||
(2) Victim's retained attorney. A victim's attorney | ||
shall file an entry of appearance limited to assertion of | ||
the victim's rights. Upon the filing of the entry of | ||
appearance and service on the State's Attorney and the | ||
defendant, the attorney is to receive copies of all | ||
notices, motions and court orders filed thereafter in the |
case. | ||
(3) Standing. The victim has standing to assert the | ||
rights enumerated in subsection (a) of Article I, Section | ||
8.1 of the Illinois Constitution and the statutory rights | ||
under Section 4 of this Act in any court exercising | ||
jurisdiction over the criminal case. The prosecuting | ||
attorney, a victim, or the victim's retained attorney may | ||
assert the victim's rights. The defendant in the criminal | ||
case has no standing to assert a right of the victim in any | ||
court proceeding, including on appeal. | ||
(4) Assertion of and enforcement of rights. | ||
(A) The prosecuting attorney shall assert a | ||
victim's right or request enforcement of a right by | ||
filing a motion or by orally asserting the right or | ||
requesting enforcement in open court in the criminal | ||
case outside the presence of the jury. The prosecuting | ||
attorney shall consult with the victim and the victim's | ||
attorney regarding the assertion or enforcement of a | ||
right. If the prosecuting attorney decides not to | ||
assert or enforce a victim's right, the prosecuting | ||
attorney shall notify the victim or the victim's | ||
attorney in sufficient time to allow the victim or the | ||
victim's attorney to assert the right or to seek | ||
enforcement of a right. | ||
(B) If the prosecuting attorney elects not to | ||
assert a victim's right or to seek enforcement of a |
right, the victim or the victim's attorney may assert | ||
the victim's right or request enforcement of a right by | ||
filing a motion or by orally asserting the right or | ||
requesting enforcement in open court in the criminal | ||
case outside the presence of the jury. | ||
(C) If the prosecuting attorney asserts a victim's | ||
right or seeks enforcement of a right, and the court | ||
denies the assertion of the right or denies the request | ||
for enforcement of a right, the victim or victim's | ||
attorney may file a motion to assert the victim's right | ||
or to request enforcement of the right within 10 days | ||
of the court's ruling. The motion need not demonstrate | ||
the grounds for a motion for reconsideration. The court | ||
shall rule on the merits of the motion. | ||
(D) The court shall take up and decide any motion | ||
or request asserting or seeking enforcement of a | ||
victim's right without delay, unless a specific time | ||
period is specified by law or court rule. The reasons | ||
for any decision denying the motion or request shall be | ||
clearly stated on the record. | ||
(5) Violation of rights and remedies. | ||
(A) If the court determines that a victim's right | ||
has been violated, the court shall determine the | ||
appropriate remedy for the violation of the victim's | ||
right by hearing from the victim and the parties, | ||
considering all factors relevant to the issue, and then |
awarding appropriate relief to the victim. | ||
(A-5) Consideration of an issue of a substantive | ||
nature or an issue that implicates the constitutional | ||
or statutory right of a victim at a court proceeding | ||
labeled as a status hearing shall constitute a per se | ||
violation of a victim's right. | ||
(B) The appropriate remedy shall include only | ||
actions necessary to provide the victim the right to | ||
which the victim was entitled and may include reopening | ||
previously held proceedings; however, in no event | ||
shall the court vacate a conviction. Any remedy shall | ||
be tailored to provide the victim an appropriate remedy | ||
without violating any constitutional right of the | ||
defendant. In no event shall the appropriate remedy be | ||
a new trial, damages, or costs. | ||
(6) Right to be heard. Whenever a victim has the right | ||
to be heard, the court shall allow the victim to exercise | ||
the right in any reasonable manner the victim chooses. | ||
(7) Right to attend trial. A party must file a written | ||
motion to exclude a victim from trial at least 60 days | ||
prior to the date set for trial. The motion must state with | ||
specificity the reason exclusion is necessary to protect a | ||
constitutional right of the party, and must contain an | ||
offer of proof. The court shall rule on the motion within | ||
30 days. If the motion is granted, the court shall set | ||
forth on the record the facts that support its finding that |
the victim's testimony will be materially affected if the | ||
victim hears other testimony at trial. | ||
(8) Right to have advocate and support person present | ||
at court proceedings. | ||
(A) A party who intends to call an advocate as a | ||
witness at trial must seek permission of the court | ||
before the subpoena is issued. The party must file a | ||
written motion at least 90 days before trial that sets | ||
forth specifically the issues on which the advocate's | ||
testimony is sought and an offer of proof regarding (i) | ||
the content of the anticipated testimony of the | ||
advocate; and (ii) the relevance, admissibility, and | ||
materiality of the anticipated testimony. The court | ||
shall consider the motion and make findings within 30 | ||
days of the filing of the motion. If the court finds by | ||
a preponderance of the evidence that: (i) the | ||
anticipated testimony is not protected by an absolute | ||
privilege; and (ii) the anticipated testimony contains | ||
relevant, admissible, and material evidence that is | ||
not available through other witnesses or evidence, the | ||
court shall issue a subpoena requiring the advocate to | ||
appear to testify at an in camera hearing. The | ||
prosecuting attorney and the victim shall have 15 days | ||
to seek appellate review before the advocate is | ||
required to testify at an ex parte in camera | ||
proceeding. |
The prosecuting attorney, the victim, and the | ||
advocate's attorney shall be allowed to be present at | ||
the ex parte in camera proceeding. If, after conducting | ||
the ex parte in camera hearing, the court determines | ||
that due process requires any testimony regarding | ||
confidential or privileged information or | ||
communications, the court shall provide to the | ||
prosecuting attorney, the victim, and the advocate's | ||
attorney a written memorandum on the substance of the | ||
advocate's testimony. The prosecuting attorney, the | ||
victim, and the advocate's attorney shall have 15 days | ||
to seek appellate review before a subpoena may be | ||
issued for the advocate to testify at trial. The | ||
presence of the prosecuting attorney at the ex parte in | ||
camera proceeding does not make the substance of the | ||
advocate's testimony that the court has ruled | ||
inadmissible subject to discovery. | ||
(B) If a victim has asserted the right to have a | ||
support person present at the court proceedings, the | ||
victim shall provide the name of the person the victim | ||
has chosen to be the victim's support person to the | ||
prosecuting attorney, within 60 days of trial. The | ||
prosecuting attorney shall provide the name to the | ||
defendant. If the defendant intends to call the support | ||
person as a witness at trial, the defendant must seek | ||
permission of the court before a subpoena is issued. |
The defendant must file a written motion at least 45 | ||
days prior to trial that sets forth specifically the | ||
issues on which the support person will testify and an | ||
offer of proof regarding: (i) the content of the | ||
anticipated testimony of the support person; and (ii) | ||
the relevance, admissibility, and materiality of the | ||
anticipated testimony. | ||
If the prosecuting attorney intends to call the | ||
support person as a witness during the State's | ||
case-in-chief, the prosecuting attorney shall inform | ||
the court of this intent in the response to the | ||
defendant's written motion. The victim may choose a | ||
different person to be the victim's support person. The | ||
court may allow the defendant to inquire about matters | ||
outside the scope of the direct examination during | ||
cross-examination. If the court allows the defendant | ||
to do so, the support person shall be allowed to remain | ||
in the courtroom after the support person has | ||
testified. A defendant who fails to question the | ||
support person about matters outside the scope of | ||
direct examination during the State's case-in-chief | ||
waives the right to challenge the presence of the | ||
support person on appeal. The court shall allow the | ||
support person to testify if called as a witness in the | ||
defendant's case-in-chief or the State's rebuttal. | ||
If the court does not allow the defendant to |
inquire about matters outside the scope of the direct | ||
examination, the support person shall be allowed to | ||
remain in the courtroom after the support person has | ||
been called by the defendant or the defendant has | ||
rested. The court shall allow the support person to | ||
testify in the State's rebuttal. | ||
If the prosecuting attorney does not intend to call | ||
the support person in the State's case-in-chief, the | ||
court shall verify with the support person whether the | ||
support person, if called as a witness, would testify | ||
as set forth in the offer of proof. If the court finds | ||
that the support person would testify as set forth in | ||
the offer of proof, the court shall rule on the | ||
relevance, materiality, and admissibility of the | ||
anticipated testimony. If the court rules the | ||
anticipated testimony is admissible, the court shall | ||
issue the subpoena. The support person may remain in | ||
the courtroom after the support person testifies and | ||
shall be allowed to testify in rebuttal. | ||
If the court excludes the victim's support person | ||
during the State's case-in-chief, the victim shall be | ||
allowed to choose another support person to be present | ||
in court. | ||
If the victim fails to designate a support person | ||
within 60 days of trial and the defendant has | ||
subpoenaed the support person to testify at trial, the |
court may exclude the support person from the trial | ||
until the support person testifies. If the court | ||
excludes the support person the victim may choose | ||
another person as a support person. | ||
(9) Right to notice and hearing before disclosure of | ||
confidential or privileged information or records. A | ||
defendant who seeks to subpoena records of or concerning | ||
the victim that are confidential or privileged by law must | ||
seek permission of the court before the subpoena is issued. | ||
The defendant must file a written motion and an offer of | ||
proof regarding the relevance, admissibility and | ||
materiality of the records. If the court finds by a | ||
preponderance of the evidence that: (A) the records are not | ||
protected by an absolute privilege and (B) the records | ||
contain relevant, admissible, and material evidence that | ||
is not available through other witnesses or evidence, the | ||
court shall issue a subpoena requiring a sealed copy of the | ||
records be delivered to the court to be reviewed in camera. | ||
If, after conducting an in camera review of the records, | ||
the court determines that due process requires disclosure | ||
of any portion of the records, the court shall provide | ||
copies of what it intends to disclose to the prosecuting | ||
attorney and the victim. The prosecuting attorney and the | ||
victim shall have 30 days to seek appellate review before | ||
the records are disclosed to the defendant. The disclosure | ||
of copies of any portion of the records to the prosecuting |
attorney does not make the records subject to discovery. | ||
(10) Right to notice of court proceedings. If the | ||
victim is not present at a court proceeding in which a | ||
right of the victim is at issue, the court shall ask the | ||
prosecuting attorney whether the victim was notified of the | ||
time, place, and purpose of the court proceeding and that | ||
the victim had a right to be heard at the court proceeding. | ||
If the court determines that timely notice was not given or | ||
that the victim was not adequately informed of the nature | ||
of the court proceeding, the court shall not rule on any | ||
substantive issues, accept a plea, or impose a sentence and | ||
shall continue the hearing for the time necessary to notify | ||
the victim of the time, place and nature of the court | ||
proceeding. The time between court proceedings shall not be | ||
attributable to the State under Section 103-5 of the Code | ||
of Criminal Procedure of 1963. | ||
(11) Right to timely disposition of the case. A victim | ||
has the right to timely disposition of the case so as to | ||
minimize the stress, cost, and inconvenience resulting | ||
from the victim's involvement in the case. Before ruling on | ||
a motion to continue trial or other court proceeding, the | ||
court shall inquire into the circumstances for the request | ||
for the delay and, if the victim has provided written | ||
notice of the assertion of the right to a timely | ||
disposition, and whether the victim objects to the delay. | ||
If the victim objects, the prosecutor shall inform the |
court of the victim's objections. If the prosecutor has not | ||
conferred with the victim about the continuance, the | ||
prosecutor shall inform the court of the attempts to | ||
confer. If the court finds the attempts of the prosecutor | ||
to confer with the victim were inadequate to protect the | ||
victim's right to be heard, the court shall give the | ||
prosecutor at least 3 but not more than 5 business days to | ||
confer with the victim. In ruling on a motion to continue, | ||
the court shall consider the reasons for the requested | ||
continuance, the number and length of continuances that | ||
have been granted, the victim's objections and procedures | ||
to avoid further delays. If a continuance is granted over | ||
the victim's objection, the court shall specify on the | ||
record the reasons for the continuance and the procedures | ||
that have been or will be taken to avoid further delays. | ||
(12) Right to Restitution. | ||
(A) If the victim has asserted the right to | ||
restitution and the amount of restitution is known at | ||
the time of sentencing, the court shall enter the | ||
judgment of restitution at the time of sentencing. | ||
(B) If the victim has asserted the right to | ||
restitution and the amount of restitution is not known | ||
at the time of sentencing, the prosecutor shall, within | ||
5 days after sentencing, notify the victim what | ||
information and documentation related to restitution | ||
is needed and that the information and documentation |
must be provided to the prosecutor within 45 days after | ||
sentencing. Failure to timely provide information and | ||
documentation related to restitution shall be deemed a | ||
waiver of the right to restitution. The prosecutor | ||
shall file and serve within 60 days after sentencing a | ||
proposed judgment for restitution and a notice that | ||
includes information concerning the identity of any | ||
victims or other persons seeking restitution, whether | ||
any victim or other person expressly declines | ||
restitution, the nature and amount of any damages | ||
together with any supporting documentation, a | ||
restitution amount recommendation, and the names of | ||
any co-defendants and their case numbers. Within 30 | ||
days after receipt of the proposed judgment for | ||
restitution, the defendant shall file any objection to | ||
the proposed judgment, a statement of grounds for the | ||
objection, and a financial statement. If the defendant | ||
does not file an objection, the court may enter the | ||
judgment for restitution without further proceedings. | ||
If the defendant files an objection and either party | ||
requests a hearing, the court shall schedule a hearing. | ||
(13) Access to presentence reports. | ||
(A) The victim may request a copy of the | ||
presentence report prepared under the Unified Code of | ||
Corrections from the State's Attorney. The State's | ||
Attorney shall redact the following information before |
providing a copy of the report: | ||
(i) the defendant's mental history and | ||
condition; | ||
(ii) any evaluation prepared under subsection | ||
(b) or (b-5) of Section 5-3-2; and | ||
(iii) the name, address, phone number, and | ||
other personal information about any other victim. | ||
(B) The State's Attorney or the defendant may | ||
request the court redact other information in the | ||
report that may endanger the safety of any person. | ||
(C) The State's Attorney may orally disclose to the | ||
victim any of the information that has been redacted if | ||
there is a reasonable likelihood that the information | ||
will be stated in court at the sentencing. | ||
(D) The State's Attorney must advise the victim | ||
that the victim must maintain the confidentiality of | ||
the report and other information. Any dissemination of | ||
the report or information that was not stated at a | ||
court proceeding constitutes indirect criminal | ||
contempt of court. | ||
(14) Appellate relief. If the trial court denies the | ||
relief requested, the victim, the victim's attorney, or the | ||
prosecuting attorney may file an appeal within 30 days of | ||
the trial court's ruling. The trial or appellate court may | ||
stay the court proceedings if the court finds that a stay | ||
would not violate a constitutional right of the defendant. |
If the appellate court denies the relief sought, the | ||
reasons for the denial shall be clearly stated in a written | ||
opinion. In any appeal in a criminal case, the State may | ||
assert as error the court's denial of any crime victim's | ||
right in the proceeding to which the appeal relates. | ||
(15) Limitation on appellate relief. In no case shall | ||
an appellate court provide a new trial to remedy the | ||
violation of a victim's right. | ||
(16) The right to be reasonably protected from the | ||
accused throughout the criminal justice process and the | ||
right to have the safety of the victim and the victim's | ||
family considered in denying or fixing the amount of bail, | ||
determining whether to release the defendant, and setting | ||
conditions of release after arrest and conviction. A victim | ||
of domestic violence, a sexual offense, or stalking may | ||
request the entry of a protective order under Article 112A | ||
of the Code of Criminal Procedure of 1963. | ||
(d) Procedures after the imposition of sentence. | ||
(1) The Prisoner Review Board shall inform a victim or | ||
any other
concerned citizen, upon written request, of the | ||
prisoner's release on parole,
mandatory supervised | ||
release, electronic detention, work release, international | ||
transfer or exchange, or by the
custodian, other than the | ||
Department of Juvenile Justice, of the discharge of any | ||
individual who was adjudicated a delinquent
for a crime | ||
from State custody and by the sheriff of the appropriate
|
county of any such person's final discharge from county | ||
custody.
The Prisoner Review Board, upon written request, | ||
shall provide to a victim or
any other concerned citizen a | ||
recent photograph of any person convicted of a
felony, upon | ||
his or her release from custody.
The Prisoner
Review Board, | ||
upon written request, shall inform a victim or any other
| ||
concerned citizen when feasible at least 7 days prior to | ||
the prisoner's release
on furlough of the times and dates | ||
of such furlough. Upon written request by
the victim or any | ||
other concerned citizen, the State's Attorney shall notify
| ||
the person once of the times and dates of release of a | ||
prisoner sentenced to
periodic imprisonment. Notification | ||
shall be based on the most recent
information as to | ||
victim's or other concerned citizen's residence or other
| ||
location available to the notifying authority.
| ||
(2) When the defendant has been committed to the | ||
Department of
Human Services pursuant to Section 5-2-4 or | ||
any other
provision of the Unified Code of Corrections, the | ||
victim may request to be
notified by the releasing | ||
authority of the approval by the court of an on-grounds | ||
pass, a supervised off-grounds pass, an unsupervised | ||
off-grounds pass, or conditional release; the release on an | ||
off-grounds pass; the return from an off-grounds pass; | ||
transfer to another facility; conditional release; escape; | ||
death; or final discharge from State
custody. The | ||
Department of Human Services shall establish and maintain a |
statewide telephone number to be used by victims to make | ||
notification requests under these provisions and shall | ||
publicize this telephone number on its website and to the | ||
State's Attorney of each county.
| ||
(3) In the event of an escape from State custody, the | ||
Department of
Corrections or the Department of Juvenile | ||
Justice immediately shall notify the Prisoner Review Board | ||
of the escape
and the Prisoner Review Board shall notify | ||
the victim. The notification shall
be based upon the most | ||
recent information as to the victim's residence or other
| ||
location available to the Board. When no such information | ||
is available, the
Board shall make all reasonable efforts | ||
to obtain the information and make
the notification. When | ||
the escapee is apprehended, the Department of
Corrections | ||
or the Department of Juvenile Justice immediately shall | ||
notify the Prisoner Review Board and the Board
shall notify | ||
the victim.
| ||
(4) The victim of the crime for which the prisoner has | ||
been sentenced
has the right to register with the Prisoner | ||
Review Board's victim registry. Victims registered with | ||
the Board shall receive reasonable written notice not less | ||
than 30 days prior to the
parole hearing or target | ||
aftercare release date. The victim has the right to submit | ||
a victim statement for consideration by the Prisoner Review | ||
Board or the Department of Juvenile Justice in writing, on | ||
film, videotape, or other electronic means, or in the form |
of a recording prior to the parole hearing or target | ||
aftercare release date, or in person at the parole hearing | ||
or aftercare release protest hearing, or by calling the | ||
toll-free number established in subsection (f) of this | ||
Section. , The
victim shall be notified within 7 days after | ||
the prisoner has been granted
parole or aftercare release | ||
and shall be informed of the right to inspect the registry | ||
of parole
decisions, established under subsection (g) of | ||
Section 3-3-5 of the Unified
Code of Corrections. The | ||
provisions of this paragraph (4) are subject to the
Open | ||
Parole Hearings Act. Victim statements provided to the | ||
Board shall be confidential and privileged, including any | ||
statements received prior to January 1, 2020 ( the effective | ||
date of Public Act 101-288) this amendatory Act of the | ||
101st General Assembly , except if the statement was an oral | ||
statement made by the victim at a hearing open to the | ||
public.
| ||
(4-1) The crime victim has the right to submit a victim | ||
statement for consideration by the Prisoner Review Board or | ||
the Department of Juvenile Justice prior to or at a hearing | ||
to determine the conditions of mandatory supervised | ||
release of a person sentenced to a determinate sentence or | ||
at a hearing on revocation of mandatory supervised release | ||
of a person sentenced to a determinate sentence. A victim | ||
statement may be submitted in writing, on film, videotape, | ||
or other electronic means, or in the form of a recording, |
or orally at a hearing, or by calling the toll-free number | ||
established in subsection (f) of this Section. Victim | ||
statements provided to the Board shall be confidential and | ||
privileged, including any statements received prior to | ||
January 1, 2020 ( the effective date of Public Act 101-288) | ||
this amendatory Act of the 101st General Assembly , except | ||
if the statement was an oral statement made by the victim | ||
at a hearing open to the public. | ||
(4-2) The crime victim has the right to submit a victim | ||
statement to the Prisoner Review Board for consideration at | ||
an executive clemency hearing as provided in Section 3-3-13 | ||
of the Unified Code of Corrections. A victim statement may | ||
be submitted in writing, on film, videotape, or other | ||
electronic means, or in the form of a recording prior to a | ||
hearing, or orally at a hearing, or by calling the | ||
toll-free number established in subsection (f) of this | ||
Section. Victim statements provided to the Board shall be | ||
confidential and privileged, including any statements | ||
received prior to January 1, 2020 ( the effective date of | ||
Public Act 101-288) this amendatory Act of the 101st | ||
General Assembly , except if the statement was an oral | ||
statement made by the victim at a hearing open to the | ||
public. | ||
(5) If a statement is presented under Section 6, the | ||
Prisoner Review Board or Department of Juvenile Justice
| ||
shall inform the victim of any order of discharge pursuant
|
to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||
Corrections.
| ||
(6) At the written or oral request of the victim of the | ||
crime for which the
prisoner was sentenced or the State's | ||
Attorney of the county where the person seeking parole or | ||
aftercare release was prosecuted, the Prisoner Review | ||
Board or Department of Juvenile Justice shall notify the | ||
victim and the State's Attorney of the county where the | ||
person seeking parole or aftercare release was prosecuted | ||
of
the death of the prisoner if the prisoner died while on | ||
parole or aftercare release or mandatory
supervised | ||
release.
| ||
(7) When a defendant who has been committed to the | ||
Department of
Corrections, the Department of Juvenile | ||
Justice, or the Department of Human Services is released or | ||
discharged and
subsequently committed to the Department of | ||
Human Services as a sexually
violent person and the victim | ||
had requested to be notified by the releasing
authority of | ||
the defendant's discharge, conditional release, death, or | ||
escape from State custody, the releasing
authority shall | ||
provide to the Department of Human Services such | ||
information
that would allow the Department of Human | ||
Services to contact the victim.
| ||
(8) When a defendant has been convicted of a sex | ||
offense as defined in Section 2 of the Sex Offender | ||
Registration Act and has been sentenced to the Department |
of Corrections or the Department of Juvenile Justice, the | ||
Prisoner Review Board or the Department of Juvenile Justice | ||
shall notify the victim of the sex offense of the | ||
prisoner's eligibility for release on parole, aftercare | ||
release,
mandatory supervised release, electronic | ||
detention, work release, international transfer or | ||
exchange, or by the
custodian of the discharge of any | ||
individual who was adjudicated a delinquent
for a sex | ||
offense from State custody and by the sheriff of the | ||
appropriate
county of any such person's final discharge | ||
from county custody. The notification shall be made to the | ||
victim at least 30 days, whenever possible, before release | ||
of the sex offender. | ||
(e) The officials named in this Section may satisfy some or | ||
all of their
obligations to provide notices and other | ||
information through participation in a
statewide victim and | ||
witness notification system established by the Attorney
| ||
General under Section 8.5 of this Act.
| ||
(f) The Prisoner Review Board
shall establish a toll-free | ||
number that may be accessed by the crime victim to present a | ||
victim statement to the Board in accordance with paragraphs | ||
(4), (4-1), and (4-2) of subsection (d).
| ||
(Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; | ||
101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
| ||
Section 10-270. The Pretrial Services Act is amended by |
changing Sections 11, 20, 22, and 34 as follows:
| ||
(725 ILCS 185/11) (from Ch. 38, par. 311)
| ||
Sec. 11.
No person shall be interviewed by a pretrial | ||
services agency
unless he or she has first been apprised of the | ||
identity and purpose of the
interviewer, the scope of the | ||
interview, the right to secure legal advice,
and the right to | ||
refuse cooperation. Inquiry of the defendant shall
carefully | ||
exclude questions concerning the details of the current charge.
| ||
Statements made by the defendant during the interview, or | ||
evidence derived
therefrom, are admissible in
evidence only | ||
when the court is considering the imposition of pretrial or
| ||
posttrial conditions to bail or recognizance, or when | ||
considering the
modification of a prior release order.
| ||
(Source: P.A. 84-1449.)
| ||
(725 ILCS 185/20) (from Ch. 38, par. 320)
| ||
Sec. 20.
In preparing and presenting its written reports | ||
under
Sections 17 and 19, pretrial services agencies shall in
| ||
appropriate cases
include specific recommendations for the | ||
setting the conditions , increase, or decrease of
pretrial | ||
release bail ; the release of the interviewee on his own | ||
recognizance in sums
certain; and the imposition of pretrial | ||
conditions of pretrial release to bail or recognizance
designed | ||
to minimize the risks of nonappearance, the commission of new
| ||
offenses while awaiting trial, and other potential |
interference with the
orderly administration of justice. In | ||
establishing objective internal
criteria of any such | ||
recommendation policies, the agency may utilize
so-called | ||
"point scales" for evaluating the aforementioned risks,
but no | ||
interviewee shall be considered as ineligible for particular | ||
agency
recommendations by sole reference to such procedures.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(725 ILCS 185/22) (from Ch. 38, par. 322)
| ||
Sec. 22.
If so ordered by the court, the pretrial services | ||
agency
shall prepare and submit for
the court's approval and | ||
signature a uniform release order on the uniform
form | ||
established by the Supreme Court in all
cases where an | ||
interviewee may be released from custody under conditions
| ||
contained in an agency report. Such conditions shall become | ||
part of the
conditions of pretrial release the bail bond . A | ||
copy of the uniform release order shall
be provided to the | ||
defendant and defendant's attorney of record, and the | ||
prosecutor.
| ||
(Source: P.A. 84-1449.)
| ||
(725 ILCS 185/34) | ||
Sec. 34. Probation and court services departments | ||
considered pretrial services agencies. For the purposes of | ||
administering the provisions of Public Act 95-773, known as the | ||
Cindy Bischof Law, all probation and court services departments |
are to be considered pretrial services agencies under this Act | ||
and under the pretrial release bail bond provisions of the Code | ||
of Criminal Procedure of 1963.
| ||
(Source: P.A. 96-341, eff. 8-11-09.) | ||
Section 10-275. The Quasi-criminal and Misdemeanor Bail | ||
Act is amended by changing the title of the Act and Sections | ||
0.01, 1, 2, 3, and 5 as follows:
| ||
(725 ILCS 195/Act title)
| ||
An Act to authorize designated officers
to let persons | ||
charged with quasi-criminal offenses and misdemeanors to
| ||
pretrial release bail and to accept and receipt for fines on | ||
pleas of guilty in minor
offenses, in accordance with schedules | ||
established by rule of court.
| ||
(725 ILCS 195/0.01) (from Ch. 16, par. 80)
| ||
Sec. 0.01. Short title. This Act may be cited as the
| ||
Quasi-criminal and Misdemeanor Pretrial Release Bail Act.
| ||
(Source: P.A. 86-1324.)
| ||
(725 ILCS 195/1) (from Ch. 16, par. 81)
| ||
Sec. 1.
Whenever in any circuit there shall be in force a | ||
rule or
order of the Supreme Court establishing a uniform form | ||
schedule prescribing
the conditions of pretrial release | ||
amounts of bail for specified conservation cases, traffic |
cases,
quasi-criminal offenses and misdemeanors, any general | ||
superintendent,
chief, captain, lieutenant, or sergeant of | ||
police, or other police
officer, the sheriff, the circuit | ||
clerk, and any deputy sheriff or
deputy circuit clerk | ||
designated by the Circuit Court for the purpose,
are authorized | ||
to let to pretrial release bail any person charged with a | ||
quasi-criminal
offense or misdemeanor and to accept and receipt | ||
for bonds or cash bail
in accordance with regulations | ||
established by rule or order of the
Supreme Court . Unless | ||
otherwise provided by Supreme Court Rule, no such
bail may be | ||
posted or accepted in any place other
than a police station, | ||
sheriff's office or jail, or other county,
municipal or other | ||
building housing governmental units, or a division
| ||
headquarters building of the Illinois State Police. Bonds and | ||
cash so
received shall be delivered to the office of the | ||
circuit clerk or that
of his designated deputy as provided by | ||
regulation. Such cash and
securities so received shall be | ||
delivered to the office of such clerk or
deputy clerk within at | ||
least 48 hours of receipt or within the time set
for the | ||
accused's appearance in court whichever is earliest.
| ||
In all cases where a person is admitted to bail under a | ||
uniform
schedule prescribing the amount of bail for specified | ||
conservation
cases, traffic cases, quasi-criminal offenses and | ||
misdemeanors the
provisions of Section 110-15 of the "Code of | ||
Criminal Procedure of
1963", approved August 14, 1963, as | ||
amended by the 75th General Assembly
shall be applicable.
|
(Source: P.A. 80-897 .)
| ||
(725 ILCS 195/2) (from Ch. 16, par. 82)
| ||
Sec. 2.
The conditions of the pretrial release bail bond or | ||
deposit of cash bail shall be
that the accused will appear to | ||
answer the charge in court at a time and
place specified in the | ||
pretrial release form bond and thereafter as ordered by the | ||
court until
discharged on final order of the court and to | ||
submit himself to the orders
and process of the court. The | ||
accused shall be furnished with an official
receipt on a form | ||
prescribed by rule of court for any cash or other
security | ||
deposited, and shall receive a copy of the pretrial release | ||
form bond specifying the
time and place of his court | ||
appearance.
| ||
Upon performance of the conditions of the pretrial release | ||
bond , the pretrial release form bond shall be null
and void and | ||
the accused shall be released from the conditions of pretrial | ||
release any cash bail or other security shall be returned to | ||
the
accused .
| ||
(Source: Laws 1963, p. 2652.)
| ||
(725 ILCS 195/3) (from Ch. 16, par. 83)
| ||
Sec. 3.
In lieu of complying with the conditions of | ||
pretrial release making bond or depositing cash bail as | ||
provided in this Act
or the deposit of other security | ||
authorized by law , any accused person has
the right to be |
brought without unnecessary delay before the nearest or
most | ||
accessible judge of the circuit to be dealt with according to | ||
law.
| ||
(Source: P.A. 77-1248 .)
| ||
(725 ILCS 195/5) (from Ch. 16, par. 85)
| ||
Sec. 5.
Any person authorized to accept pretrial release | ||
bail or pleas of guilty by this Act who
violates any provision | ||
of this Act is guilty of a Class B misdemeanor.
| ||
(Source: P.A. 77-2319 .)
| ||
Section 10-280. The Unified Code of Corrections is amended | ||
by changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, | ||
and 8-2-1 as follows: | ||
(730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||
Sec. 5-3-2. Presentence report.
| ||
(a) In felony cases, the presentence
report shall set | ||
forth:
| ||
(1) the defendant's history of delinquency or | ||
criminality,
physical and mental history and condition, | ||
family situation and
background, economic status, | ||
education, occupation and personal habits;
| ||
(2) information about special resources within the | ||
community
which might be available to assist the | ||
defendant's rehabilitation,
including treatment centers, |
residential facilities, vocational
training services, | ||
correctional manpower programs, employment
opportunities, | ||
special educational programs, alcohol and drug
abuse | ||
programming, psychiatric and marriage counseling, and | ||
other
programs and facilities which could aid the | ||
defendant's successful
reintegration into society;
| ||
(3) the effect the offense committed has had upon the | ||
victim or
victims thereof, and any compensatory benefit | ||
that various
sentencing alternatives would confer on such | ||
victim or victims;
| ||
(3.5) information provided by the victim's spouse, | ||
guardian, parent, grandparent, and other immediate family | ||
and household members about the effect the offense | ||
committed has had on the victim and on the person providing | ||
the information; if the victim's spouse, guardian, parent, | ||
grandparent, or other immediate family or household member | ||
has provided a written statement, the statement shall be | ||
attached to the report; | ||
(4) information concerning the defendant's status | ||
since arrest,
including his record if released on his own | ||
recognizance, or the
defendant's achievement record if | ||
released on a conditional
pre-trial supervision program;
| ||
(5) when appropriate, a plan, based upon the personal, | ||
economic
and social adjustment needs of the defendant, | ||
utilizing public and
private community resources as an | ||
alternative to institutional
sentencing;
|
(6) any other matters that the investigatory officer | ||
deems
relevant or the court directs to be included;
| ||
(7) information concerning the defendant's eligibility | ||
for a sentence to a
county impact incarceration program | ||
under Section 5-8-1.2 of this Code; and
| ||
(8) information concerning the defendant's eligibility | ||
for a sentence to an impact incarceration program | ||
administered by the Department under Section 5-8-1.1. | ||
(b) The investigation shall include a physical and mental
| ||
examination of the defendant when so ordered by the court. If
| ||
the court determines that such an examination should be made, | ||
it
shall issue an order that the defendant submit to | ||
examination at
such time and place as designated by the court | ||
and that such
examination be conducted by a physician, | ||
psychologist or
psychiatrist designated by the court. Such an | ||
examination may
be conducted in a court clinic if so ordered by | ||
the court. The
cost of such examination shall be paid by the | ||
county in which
the trial is held.
| ||
(b-5) In cases involving felony sex offenses in which the | ||
offender is being considered for probation only or any felony | ||
offense that is
sexually motivated as defined in the Sex | ||
Offender Management Board Act in which the offender is being | ||
considered for probation only, the
investigation shall include | ||
a sex offender evaluation by an evaluator approved
by the Board | ||
and conducted in conformance with the standards developed under
| ||
the Sex Offender Management Board Act. In cases in which the |
offender is being considered for any mandatory prison sentence, | ||
the investigation shall not include a sex offender evaluation.
| ||
(c) In misdemeanor, business offense or petty offense | ||
cases, except as
specified in subsection (d) of this Section, | ||
when a presentence report has
been ordered by the court, such | ||
presentence report shall contain
information on the | ||
defendant's history of delinquency or criminality and
shall | ||
further contain only those matters listed in any of paragraphs | ||
(1)
through (6) of subsection (a) or in subsection (b) of this | ||
Section as are
specified by the court in its order for the | ||
report.
| ||
(d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||
12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||
2012, the presentence report shall set forth
information about | ||
alcohol, drug abuse, psychiatric, and marriage counseling
or | ||
other treatment programs and facilities, information on the | ||
defendant's
history of delinquency or criminality, and shall | ||
contain those additional
matters listed in any of paragraphs | ||
(1) through (6) of subsection (a) or in
subsection (b) of this | ||
Section as are specified by the court.
| ||
(e) Nothing in this Section shall cause the defendant to be
| ||
held without pretrial release bail or to have his pretrial | ||
release bail revoked for the purpose
of preparing the | ||
presentence report or making an examination.
| ||
(Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)
|
(730 ILCS 5/5-5-3.2)
| ||
Sec. 5-5-3.2. Factors in aggravation and extended-term | ||
sentencing.
| ||
(a) The following factors shall be accorded weight in favor | ||
of
imposing a term of imprisonment or may be considered by the | ||
court as reasons
to impose a more severe sentence under Section | ||
5-8-1 or Article 4.5 of Chapter V:
| ||
(1) the defendant's conduct caused or threatened | ||
serious harm;
| ||
(2) the defendant received compensation for committing | ||
the offense;
| ||
(3) the defendant has a history of prior delinquency or | ||
criminal activity;
| ||
(4) the defendant, by the duties of his office or by | ||
his position,
was obliged to prevent the particular offense | ||
committed or to bring
the offenders committing it to | ||
justice;
| ||
(5) the defendant held public office at the time of the | ||
offense,
and the offense related to the conduct of that | ||
office;
| ||
(6) the defendant utilized his professional reputation | ||
or
position in the community to commit the offense, or to | ||
afford
him an easier means of committing it;
| ||
(7) the sentence is necessary to deter others from | ||
committing
the same crime;
| ||
(8) the defendant committed the offense against a |
person 60 years of age
or older or such person's property;
| ||
(9) the defendant committed the offense against a | ||
person who has a physical disability or such person's | ||
property;
| ||
(10) by reason of another individual's actual or | ||
perceived race, color,
creed, religion, ancestry, gender, | ||
sexual orientation, physical or mental
disability, or | ||
national origin, the defendant committed the offense | ||
against (i)
the person or property
of that individual; (ii) | ||
the person or property of a person who has an
association | ||
with, is married to, or has a friendship with the other | ||
individual;
or (iii) the person or property of a relative | ||
(by blood or marriage) of a
person described in clause (i) | ||
or (ii). For the purposes of this Section,
"sexual | ||
orientation" has the meaning ascribed to it in paragraph | ||
(O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||
(11) the offense took place in a place of worship or on | ||
the
grounds of a place of worship, immediately prior to, | ||
during or immediately
following worship services. For | ||
purposes of this subparagraph, "place of
worship" shall | ||
mean any church, synagogue or other building, structure or
| ||
place used primarily for religious worship;
| ||
(12) the defendant was convicted of a felony committed | ||
while he was
on pretrial release released on bail or his | ||
own recognizance pending trial for a prior felony
and was | ||
convicted of such prior felony, or the defendant was |
convicted of a
felony committed while he was serving a | ||
period of probation,
conditional discharge, or mandatory | ||
supervised release under subsection (d)
of Section 5-8-1
| ||
for a prior felony;
| ||
(13) the defendant committed or attempted to commit a | ||
felony while he
was wearing a bulletproof vest. For the | ||
purposes of this paragraph (13), a
bulletproof vest is any | ||
device which is designed for the purpose of
protecting the | ||
wearer from bullets, shot or other lethal projectiles;
| ||
(14) the defendant held a position of trust or | ||
supervision such as, but
not limited to, family member as | ||
defined in Section 11-0.1 of the Criminal Code
of 2012, | ||
teacher, scout leader, baby sitter, or day care worker, in
| ||
relation to a victim under 18 years of age, and the | ||
defendant committed an
offense in violation of Section | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||
11-14.4 except for an offense that involves keeping a place | ||
of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||
11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||
or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012
against
that victim;
| ||
(15) the defendant committed an offense related to the | ||
activities of an
organized gang. For the purposes of this | ||
factor, "organized gang" has the
meaning ascribed to it in | ||
Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||
Act;
|
(16) the defendant committed an offense in violation of | ||
one of the
following Sections while in a school, regardless | ||
of the time of day or time of
year; on any conveyance | ||
owned, leased, or contracted by a school to transport
| ||
students to or from school or a school related activity; on | ||
the real property
of a school; or on a public way within | ||
1,000 feet of the real property
comprising any school: | ||
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||
11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||
(a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||
Criminal Code of 2012;
| ||
(16.5) the defendant committed an offense in violation | ||
of one of the
following Sections while in a day care | ||
center, regardless of the time of day or
time of year; on | ||
the real property of a day care center, regardless of the | ||
time
of day or time of year; or on a public
way within | ||
1,000 feet of the real property comprising any day care | ||
center,
regardless of the time of day or time of year:
| ||
Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||
11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||
11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||
12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||
18-2, or 33A-2, or Section 12-3.05 except for subdivision |
(a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012;
| ||
(17) the defendant committed the offense by reason of | ||
any person's
activity as a community policing volunteer or | ||
to prevent any person from
engaging in activity as a | ||
community policing volunteer. For the purpose of
this | ||
Section, "community policing volunteer" has the meaning | ||
ascribed to it in
Section 2-3.5 of the Criminal Code of | ||
2012;
| ||
(18) the defendant committed the offense in a nursing | ||
home or on the
real
property comprising a nursing home. For | ||
the purposes of this paragraph (18),
"nursing home" means a | ||
skilled nursing
or intermediate long term care facility | ||
that is subject to license by the
Illinois Department of | ||
Public Health under the Nursing Home Care
Act, the | ||
Specialized Mental Health Rehabilitation Act of 2013, the | ||
ID/DD Community Care Act, or the MC/DD Act;
| ||
(19) the defendant was a federally licensed firearm | ||
dealer
and
was
previously convicted of a violation of | ||
subsection (a) of Section 3 of the
Firearm Owners | ||
Identification Card Act and has now committed either a | ||
felony
violation
of the Firearm Owners Identification Card | ||
Act or an act of armed violence while
armed
with a firearm; | ||
(20) the defendant (i) committed the offense of | ||
reckless homicide under Section 9-3 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 or the offense of driving |
under the influence of alcohol, other drug or
drugs, | ||
intoxicating compound or compounds or any combination | ||
thereof under Section 11-501 of the Illinois Vehicle Code | ||
or a similar provision of a local ordinance and (ii) was | ||
operating a motor vehicle in excess of 20 miles per hour | ||
over the posted speed limit as provided in Article VI of | ||
Chapter 11 of the Illinois Vehicle Code;
| ||
(21) the defendant (i) committed the offense of | ||
reckless driving or aggravated reckless driving under | ||
Section 11-503 of the Illinois Vehicle Code and (ii) was | ||
operating a motor vehicle in excess of 20 miles per hour | ||
over the posted speed limit as provided in Article VI of | ||
Chapter 11 of the Illinois Vehicle Code; | ||
(22) the defendant committed the offense against a | ||
person that the defendant knew, or reasonably should have | ||
known, was a member of the Armed Forces of the United | ||
States serving on active duty. For purposes of this clause | ||
(22), the term "Armed Forces" means any of the Armed Forces | ||
of the United States, including a member of any reserve | ||
component thereof or National Guard unit called to active | ||
duty;
| ||
(23)
the defendant committed the offense against a | ||
person who was elderly or infirm or who was a person with a | ||
disability by taking advantage of a family or fiduciary | ||
relationship with the elderly or infirm person or person | ||
with a disability;
|
(24)
the defendant committed any offense under Section | ||
11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012 and possessed 100 or more images;
| ||
(25) the defendant committed the offense while the | ||
defendant or the victim was in a train, bus, or other | ||
vehicle used for public transportation; | ||
(26) the defendant committed the offense of child | ||
pornography or aggravated child pornography, specifically | ||
including paragraph (1), (2), (3), (4), (5), or (7) of | ||
subsection (a) of Section 11-20.1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 where a child engaged in, | ||
solicited for, depicted in, or posed in any act of sexual | ||
penetration or bound, fettered, or subject to sadistic, | ||
masochistic, or sadomasochistic abuse in a sexual context | ||
and specifically including paragraph (1), (2), (3), (4), | ||
(5), or (7) of subsection (a) of Section 11-20.1B or | ||
Section 11-20.3 of the Criminal Code of 1961 where a child | ||
engaged in, solicited for, depicted in, or posed in any act | ||
of sexual penetration or bound, fettered, or subject to | ||
sadistic, masochistic, or sadomasochistic abuse in a | ||
sexual context; | ||
(27) the defendant committed the offense of first | ||
degree murder, assault, aggravated assault, battery, | ||
aggravated battery, robbery, armed robbery, or aggravated | ||
robbery against a person who was a veteran and the | ||
defendant knew, or reasonably should have known, that the |
person was a veteran performing duties as a representative | ||
of a veterans' organization. For the purposes of this | ||
paragraph (27), "veteran" means an Illinois resident who | ||
has served as a member of the United States Armed Forces, a | ||
member of the Illinois National Guard, or a member of the | ||
United States Reserve Forces; and "veterans' organization" | ||
means an organization comprised of members of
which | ||
substantially all are individuals who are veterans or | ||
spouses,
widows, or widowers of veterans, the primary | ||
purpose of which is to
promote the welfare of its members | ||
and to provide assistance to the general
public in such a | ||
way as to confer a public benefit; | ||
(28) the defendant committed the offense of assault, | ||
aggravated assault, battery, aggravated battery, robbery, | ||
armed robbery, or aggravated robbery against a person that | ||
the defendant knew or reasonably should have known was a | ||
letter carrier or postal worker while that person was | ||
performing his or her duties delivering mail for the United | ||
States Postal Service; | ||
(29) the defendant committed the offense of criminal | ||
sexual assault, aggravated criminal sexual assault, | ||
criminal sexual abuse, or aggravated criminal sexual abuse | ||
against a victim with an intellectual disability, and the | ||
defendant holds a position of trust, authority, or | ||
supervision in relation to the victim; | ||
(30) the defendant committed the offense of promoting |
juvenile prostitution, patronizing a prostitute, or | ||
patronizing a minor engaged in prostitution and at the time | ||
of the commission of the offense knew that the prostitute | ||
or minor engaged in prostitution was in the custody or | ||
guardianship of the Department of Children and Family | ||
Services; | ||
(31) the defendant (i) committed the offense of driving | ||
while under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds or any combination | ||
thereof in violation of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local ordinance | ||
and (ii) the defendant during the commission of the offense | ||
was driving his or her vehicle upon a roadway designated | ||
for one-way traffic in the opposite direction of the | ||
direction indicated by official traffic control devices; | ||
or | ||
(32) the defendant committed the offense of reckless | ||
homicide while committing a violation of Section 11-907 of | ||
the Illinois Vehicle Code ; . | ||
(33) (32) the defendant was found guilty of an | ||
administrative infraction related to an act or acts of | ||
public indecency or sexual misconduct in the penal | ||
institution. In this paragraph (33) (32) , "penal | ||
institution" has the same meaning as in Section 2-14 of the | ||
Criminal Code of 2012 ; or . | ||
(34) (32) the defendant committed the offense of |
leaving the scene of an accident in violation of subsection | ||
(b) of Section 11-401 of the Illinois Vehicle Code and the | ||
accident resulted in the death of a person and at the time | ||
of the offense, the defendant was: (i) driving under the | ||
influence of alcohol, other drug or drugs, intoxicating | ||
compound or compounds or any combination thereof as defined | ||
by Section 11-501 of the Illinois Vehicle Code; or (ii) | ||
operating the motor vehicle while using an electronic | ||
communication device as defined in Section 12-610.2 of the | ||
Illinois Vehicle Code. | ||
For the purposes of this Section:
| ||
"School" is defined as a public or private
elementary or | ||
secondary school, community college, college, or university.
| ||
"Day care center" means a public or private State certified | ||
and
licensed day care center as defined in Section 2.09 of the | ||
Child Care Act of
1969 that displays a sign in plain view | ||
stating that the
property is a day care center.
| ||
"Intellectual disability" means significantly subaverage | ||
intellectual functioning which exists concurrently
with | ||
impairment in adaptive behavior. | ||
"Public transportation" means the transportation
or | ||
conveyance of persons by means available to the general public, | ||
and includes paratransit services. | ||
"Traffic control devices" means all signs, signals, | ||
markings, and devices that conform to the Illinois Manual on | ||
Uniform Traffic Control Devices, placed or erected by authority |
of a public body or official having jurisdiction, for the | ||
purpose of regulating, warning, or guiding traffic. | ||
(b) The following factors, related to all felonies, may be | ||
considered by the court as
reasons to impose an extended term | ||
sentence under Section 5-8-2
upon any offender:
| ||
(1) When a defendant is convicted of any felony, after | ||
having
been previously convicted in Illinois or any other | ||
jurisdiction of the
same or similar class felony or greater | ||
class felony, when such conviction
has occurred within 10 | ||
years after the
previous conviction, excluding time spent | ||
in custody, and such charges are
separately brought and | ||
tried and arise out of different series of acts; or
| ||
(2) When a defendant is convicted of any felony and the | ||
court
finds that the offense was accompanied by | ||
exceptionally brutal
or heinous behavior indicative of | ||
wanton cruelty; or
| ||
(3) When a defendant is convicted of any felony | ||
committed against:
| ||
(i) a person under 12 years of age at the time of | ||
the offense or such
person's property;
| ||
(ii) a person 60 years of age or older at the time | ||
of the offense or
such person's property; or
| ||
(iii) a person who had a physical disability at the | ||
time of the offense or
such person's property; or
| ||
(4) When a defendant is convicted of any felony and the | ||
offense
involved any of the following types of specific |
misconduct committed as
part of a ceremony, rite, | ||
initiation, observance, performance, practice or
activity | ||
of any actual or ostensible religious, fraternal, or social | ||
group:
| ||
(i) the brutalizing or torturing of humans or | ||
animals;
| ||
(ii) the theft of human corpses;
| ||
(iii) the kidnapping of humans;
| ||
(iv) the desecration of any cemetery, religious, | ||
fraternal, business,
governmental, educational, or | ||
other building or property; or
| ||
(v) ritualized abuse of a child; or
| ||
(5) When a defendant is convicted of a felony other | ||
than conspiracy and
the court finds that
the felony was | ||
committed under an agreement with 2 or more other persons
| ||
to commit that offense and the defendant, with respect to | ||
the other
individuals, occupied a position of organizer, | ||
supervisor, financier, or any
other position of management | ||
or leadership, and the court further finds that
the felony | ||
committed was related to or in furtherance of the criminal
| ||
activities of an organized gang or was motivated by the | ||
defendant's leadership
in an organized gang; or
| ||
(6) When a defendant is convicted of an offense | ||
committed while using a firearm with a
laser sight attached | ||
to it. For purposes of this paragraph, "laser sight"
has | ||
the meaning ascribed to it in Section 26-7 of the Criminal |
Code of
2012; or
| ||
(7) When a defendant who was at least 17 years of age | ||
at the
time of
the commission of the offense is convicted | ||
of a felony and has been previously
adjudicated a | ||
delinquent minor under the Juvenile Court Act of 1987 for | ||
an act
that if committed by an adult would be a Class X or | ||
Class 1 felony when the
conviction has occurred within 10 | ||
years after the previous adjudication,
excluding time | ||
spent in custody; or
| ||
(8) When a defendant commits any felony and the | ||
defendant used, possessed, exercised control over, or | ||
otherwise directed an animal to assault a law enforcement | ||
officer engaged in the execution of his or her official | ||
duties or in furtherance of the criminal activities of an | ||
organized gang in which the defendant is engaged; or
| ||
(9) When a defendant commits any felony and the | ||
defendant knowingly video or audio records the offense with | ||
the intent to disseminate the recording. | ||
(c) The following factors may be considered by the court as | ||
reasons to impose an extended term sentence under Section 5-8-2 | ||
(730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||
(1) When a defendant is convicted of first degree | ||
murder, after having been previously convicted in Illinois | ||
of any offense listed under paragraph (c)(2) of Section | ||
5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||
within 10 years after the previous conviction, excluding |
time spent in custody, and the charges are separately | ||
brought and tried and arise out of different series of | ||
acts. | ||
(1.5) When a defendant is convicted of first degree | ||
murder, after having been previously convicted of domestic | ||
battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||
(720 ILCS 5/12-3.3) committed on the same victim or after | ||
having been previously convicted of violation of an order | ||
of protection (720 ILCS 5/12-30) in which the same victim | ||
was the protected person. | ||
(2) When a defendant is convicted of voluntary | ||
manslaughter, second degree murder, involuntary | ||
manslaughter, or reckless homicide in which the defendant | ||
has been convicted of causing the death of more than one | ||
individual. | ||
(3) When a defendant is convicted of aggravated | ||
criminal sexual assault or criminal sexual assault, when | ||
there is a finding that aggravated criminal sexual assault | ||
or criminal sexual assault was also committed on the same | ||
victim by one or more other individuals, and the defendant | ||
voluntarily participated in the crime with the knowledge of | ||
the participation of the others in the crime, and the | ||
commission of the crime was part of a single course of | ||
conduct during which there was no substantial change in the | ||
nature of the criminal objective. | ||
(4) If the victim was under 18 years of age at the time |
of the commission of the offense, when a defendant is | ||
convicted of aggravated criminal sexual assault or | ||
predatory criminal sexual assault of a child under | ||
subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||
of Section 12-14.1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||
(5) When a defendant is convicted of a felony violation | ||
of Section 24-1 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||
finding that the defendant is a member of an organized | ||
gang. | ||
(6) When a defendant was convicted of unlawful use of | ||
weapons under Section 24-1 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||
a weapon that is not readily distinguishable as one of the | ||
weapons enumerated in Section 24-1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||
(7) When a defendant is convicted of an offense | ||
involving the illegal manufacture of a controlled | ||
substance under Section 401 of the Illinois Controlled | ||
Substances Act (720 ILCS 570/401), the illegal manufacture | ||
of methamphetamine under Section 25 of the Methamphetamine | ||
Control and Community Protection Act (720 ILCS 646/25), or | ||
the illegal possession of explosives and an emergency | ||
response officer in the performance of his or her duties is | ||
killed or injured at the scene of the offense while |
responding to the emergency caused by the commission of the | ||
offense. In this paragraph, "emergency" means a situation | ||
in which a person's life, health, or safety is in jeopardy; | ||
and "emergency response officer" means a peace officer, | ||
community policing volunteer, fireman, emergency medical | ||
technician-ambulance, emergency medical | ||
technician-intermediate, emergency medical | ||
technician-paramedic, ambulance driver, other medical | ||
assistance or first aid personnel, or hospital emergency | ||
room personnel.
| ||
(8) When the defendant is convicted of attempted mob | ||
action, solicitation to commit mob action, or conspiracy to | ||
commit mob action under Section 8-1, 8-2, or 8-4 of the | ||
Criminal Code of 2012, where the criminal object is a | ||
violation of Section 25-1 of the Criminal Code of 2012, and | ||
an electronic communication is used in the commission of | ||
the offense. For the purposes of this paragraph (8), | ||
"electronic communication" shall have the meaning provided | ||
in Section 26.5-0.1 of the Criminal Code of 2012. | ||
(d) For the purposes of this Section, "organized gang" has | ||
the meaning
ascribed to it in Section 10 of the Illinois | ||
Streetgang Terrorism Omnibus
Prevention Act.
| ||
(e) The court may impose an extended term sentence under | ||
Article 4.5 of Chapter V upon an offender who has been | ||
convicted of a felony violation of Section 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||
when the victim of the offense is under 18 years of age at the | ||
time of the commission of the offense and, during the | ||
commission of the offense, the victim was under the influence | ||
of alcohol, regardless of whether or not the alcohol was | ||
supplied by the offender; and the offender, at the time of the | ||
commission of the offense, knew or should have known that the | ||
victim had consumed alcohol. | ||
(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||
101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
| ||
(730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| ||
Sec. 5-6-4. Violation, Modification or Revocation of | ||
Probation, of
Conditional Discharge or Supervision or of a | ||
sentence of county impact
incarceration - Hearing.
| ||
(a) Except in cases where
conditional discharge or | ||
supervision was imposed for a petty offense as
defined in | ||
Section 5-1-17, when a petition is filed charging a violation | ||
of
a condition, the court may:
| ||
(1) in the case of probation violations, order the | ||
issuance of a notice
to the offender to be present by the | ||
County Probation Department or such
other agency | ||
designated by the court to handle probation matters; and in
| ||
the case of conditional discharge or supervision | ||
violations, such notice
to the offender shall be issued by | ||
the Circuit Court Clerk;
and in the case of a violation of |
a sentence of county impact incarceration,
such notice | ||
shall be issued by the Sheriff;
| ||
(2) order a summons to the offender to be present for | ||
hearing; or
| ||
(3) order a warrant for the offender's arrest where | ||
there is danger of
his fleeing the jurisdiction or causing | ||
serious harm to others or when the
offender fails to answer | ||
a summons or notice from the clerk of the court or
Sheriff.
| ||
Personal service of the petition for violation of probation | ||
or
the issuance of such warrant, summons or notice shall toll | ||
the period of
probation, conditional discharge, supervision, | ||
or sentence of
county impact incarceration until
the final | ||
determination of the charge, and the term of probation,
| ||
conditional discharge, supervision, or sentence of county | ||
impact
incarceration shall not run until the hearing and
| ||
disposition of the petition for violation.
| ||
(b) The court shall conduct a hearing of the alleged | ||
violation. The
court shall admit the offender to pretrial | ||
release bail pending the hearing unless the
alleged violation | ||
is itself a criminal offense in which case the
offender shall | ||
be admitted to pretrial release bail on such terms as are | ||
provided in the
Code of Criminal Procedure of 1963, as amended. | ||
In any case where an
offender remains incarcerated only as a | ||
result of his alleged violation of
the court's earlier order of | ||
probation, supervision, conditional
discharge, or county | ||
impact incarceration such hearing shall be held within
14 days |
of the onset of
said incarceration, unless the alleged | ||
violation is the commission of
another offense by the offender | ||
during the period of probation, supervision
or conditional | ||
discharge in which case such hearing shall be held within
the | ||
time limits described in Section 103-5 of the Code of Criminal
| ||
Procedure of 1963, as amended.
| ||
(c) The State has the burden of going forward with the | ||
evidence and
proving the violation by the preponderance of the | ||
evidence. The evidence
shall be presented in open court with | ||
the right of confrontation,
cross-examination, and | ||
representation by counsel.
| ||
(d) Probation, conditional discharge, periodic | ||
imprisonment and
supervision shall not be revoked for failure | ||
to comply with conditions
of a sentence or supervision, which | ||
imposes financial obligations upon the
offender unless such | ||
failure is due to his willful refusal to pay.
| ||
(e) If the court finds that the offender has violated a | ||
condition at
any time prior to the expiration or termination of | ||
the period, it may
continue him on the existing sentence, with | ||
or without modifying or
enlarging the conditions, or may impose | ||
any other sentence that was
available under Article 4.5 of | ||
Chapter V of this Code or Section 11-501 of the Illinois | ||
Vehicle Code at the time of initial sentencing.
If the court | ||
finds that the person has failed to successfully complete his | ||
or
her sentence to a county impact incarceration program, the | ||
court may impose any
other sentence that was available under |
Article 4.5 of Chapter V of this Code or Section 11-501 of the | ||
Illinois Vehicle Code at the time of initial
sentencing,
except | ||
for a sentence of probation or conditional discharge. If the | ||
court finds that the offender has violated paragraph (8.6) of | ||
subsection (a) of Section 5-6-3, the court shall revoke the | ||
probation of the offender. If the court finds that the offender | ||
has violated subsection (o) of Section 5-6-3.1, the court shall | ||
revoke the supervision of the offender.
| ||
(f) The conditions of probation, of conditional discharge, | ||
of
supervision, or of a sentence of county impact incarceration | ||
may be
modified by the court on motion of the supervising | ||
agency or on its own motion or at the request of the offender | ||
after
notice and a hearing.
| ||
(g) A judgment revoking supervision, probation, | ||
conditional
discharge, or a sentence of county impact | ||
incarceration is a final
appealable order.
| ||
(h) Resentencing after revocation of probation, | ||
conditional
discharge, supervision, or a sentence of county | ||
impact
incarceration shall be under Article 4. The term on
| ||
probation, conditional discharge or supervision shall not be | ||
credited by
the court against a sentence of imprisonment or | ||
periodic imprisonment
unless the court orders otherwise. The | ||
amount of credit to be applied against a sentence of | ||
imprisonment or periodic imprisonment when the defendant | ||
served a term or partial term of periodic imprisonment shall be | ||
calculated upon the basis of the actual days spent in |
confinement rather than the duration of the term.
| ||
(i) Instead of filing a violation of probation, conditional | ||
discharge,
supervision, or a sentence of county impact | ||
incarceration, an agent or
employee of the
supervising agency | ||
with the concurrence of his or
her
supervisor may serve on the | ||
defendant a Notice of Intermediate Sanctions.
The
Notice shall | ||
contain the technical violation or violations involved, the | ||
date
or dates of the violation or violations, and the | ||
intermediate sanctions to be
imposed. Upon receipt of the | ||
Notice, the defendant shall immediately accept or
reject the | ||
intermediate sanctions. If the sanctions are accepted, they | ||
shall
be imposed immediately. If the intermediate sanctions are | ||
rejected or the
defendant does not respond to the Notice, a | ||
violation of probation, conditional
discharge, supervision, or | ||
a sentence of county impact incarceration
shall be immediately | ||
filed with the court. The
State's Attorney and the sentencing | ||
court shall be notified of the Notice of
Sanctions. Upon | ||
successful completion of the intermediate sanctions, a court
| ||
may not revoke probation, conditional discharge, supervision, | ||
or a
sentence of county impact incarceration or impose
| ||
additional sanctions for the same violation.
A notice of | ||
intermediate sanctions may not be issued for any violation of
| ||
probation, conditional discharge, supervision, or a sentence | ||
of county
impact incarceration which could warrant an
| ||
additional, separate felony charge.
The intermediate sanctions | ||
shall include a term of home detention as provided
in Article |
8A of Chapter V of this Code for multiple or repeat violations | ||
of
the terms and conditions of a sentence of probation, | ||
conditional discharge, or
supervision. | ||
(j) When an offender is re-sentenced after revocation of | ||
probation that was imposed in combination with a sentence of | ||
imprisonment for the same offense, the aggregate of the | ||
sentences may not exceed the maximum term authorized under | ||
Article 4.5 of Chapter V.
| ||
(k)(1) On and after the effective date of this amendatory | ||
Act of the 101st General Assembly, this subsection (k) shall | ||
apply to arrest warrants in Cook County only. An arrest
warrant | ||
issued under paragraph (3) of subsection (a) when the | ||
underlying conviction is for the offense of theft, retail | ||
theft, or possession of a controlled substance shall
remain | ||
active for a period not to exceed 10 years from the date the | ||
warrant was issued unless a motion to extend the warrant is | ||
filed by the office of the State's Attorney or by, or on behalf | ||
of, the agency supervising the wanted person. A motion to
| ||
extend the warrant shall be filed within one year before the | ||
warrant expiration date
and notice shall be provided to the
| ||
office of the sheriff. | ||
(2) If a motion to extend a warrant issued under paragraph | ||
(3)
of subsection (a) is not filed,
the warrant shall be | ||
quashed and recalled as a
matter of law under paragraph (1) of | ||
this subsection (k) and
the wanted person's period of | ||
probation, conditional
discharge, or supervision shall |
terminate unsatisfactorily as
a matter of law. | ||
(Source: P.A. 101-406, eff. 1-1-20 .)
| ||
(730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) | ||
Sec. 5-6-4.1. Violation, Modification or Revocation of
| ||
Conditional Discharge or Supervision - Hearing.)
| ||
(a) In cases where a defendant was placed upon supervision | ||
or conditional
discharge for the commission of a petty offense, | ||
upon the oral or written
motion of the State, or on the court's | ||
own motion, which charges that a
violation of a condition of | ||
that conditional discharge or supervision has
occurred, the | ||
court may:
| ||
(1) Conduct a hearing instanter if the offender is | ||
present in court;
| ||
(2) Order the issuance by the court clerk of a notice | ||
to the offender
to be present for a hearing for violation;
| ||
(3) Order summons to the offender to be present; or
| ||
(4) Order a warrant for the offender's arrest.
| ||
The oral motion, if the defendant is present, or the | ||
issuance of such warrant,
summons or notice shall toll the | ||
period of conditional discharge or supervision
until the final | ||
determination of the charge, and the term of conditional
| ||
discharge or supervision shall not run until the hearing and | ||
disposition
of the petition for violation.
| ||
(b) The Court shall admit the offender to pretrial release | ||
bail pending the hearing.
|
(c) The State has the burden of going forward with the | ||
evidence and
proving the violation by the preponderance of the | ||
evidence. The evidence
shall be presented in open court with | ||
the right of confrontation,
cross-examination, and | ||
representation by counsel.
| ||
(d) Conditional discharge or supervision shall not be | ||
revoked for failure
to comply with the conditions of the | ||
discharge or supervision which imposed
financial obligations | ||
upon the offender unless such failure is due to his
wilful | ||
refusal to pay.
| ||
(e) If the court finds that the offender has violated a | ||
condition at
any time prior to the expiration or termination of | ||
the period, it may
continue him on the existing sentence or | ||
supervision with or without modifying
or
enlarging the | ||
conditions, or may impose any other sentence that was
available | ||
under Article 4.5 of Chapter V
of this Code or Section 11-501 | ||
of the Illinois
Vehicle Code at the time of initial sentencing.
| ||
(f) The conditions of conditional discharge and of
| ||
supervision may be modified by the court on motion of the | ||
probation
officer or on its own motion or at the request of the | ||
offender after
notice to the defendant and a hearing.
| ||
(g) A judgment revoking supervision is a final appealable | ||
order.
| ||
(h) Resentencing after revocation of conditional
discharge | ||
or of supervision shall be under Article 4. Time served on
| ||
conditional discharge or supervision shall be credited by
the |
court against a sentence of imprisonment or periodic | ||
imprisonment
unless the court orders otherwise.
| ||
(Source: P.A. 95-1052, eff. 7-1-09 .)
| ||
(730 ILCS 5/5-8A-7)
| ||
Sec. 5-8A-7. Domestic violence surveillance program. If | ||
the Prisoner Review Board, Department of Corrections, | ||
Department of Juvenile Justice, or court (the supervising | ||
authority) orders electronic surveillance as a condition of | ||
parole, aftercare release, mandatory supervised release, early | ||
release, probation, or conditional discharge for a violation of | ||
an order of protection or as a condition of pretrial release | ||
bail for a person charged with a violation of an order of | ||
protection, the supervising authority shall use the best | ||
available global positioning technology to track domestic | ||
violence offenders. Best available technology must have | ||
real-time and interactive capabilities that facilitate the | ||
following objectives: (1) immediate notification to the | ||
supervising authority of a breach of a court ordered exclusion | ||
zone; (2) notification of the breach to the offender; and (3) | ||
communication between the supervising authority, law | ||
enforcement, and the victim, regarding the breach. The | ||
supervising authority may also require that the electronic | ||
surveillance ordered under this Section monitor the | ||
consumption of alcohol or drugs.
| ||
(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; |
100-201, eff. 8-18-17.)
| ||
(730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
| ||
Sec. 8-2-1. Saving Clause.
| ||
The repeal of Acts or parts of Acts enumerated in Section | ||
8-5-1 does
not: (1) affect any offense committed, act done, | ||
prosecution pending,
penalty, punishment or forfeiture | ||
incurred, or rights, powers or remedies
accrued under any law | ||
in effect immediately prior to the effective date of
this Code; | ||
(2) impair, avoid, or affect any grant or conveyance made or
| ||
right acquired or cause of action then existing under any such | ||
repealed Act
or amendment thereto; (3) affect or impair the | ||
validity of any pretrial release bail or
other bond or other | ||
obligation issued or sold and constituting a valid
obligation | ||
of the issuing authority immediately prior to the effective | ||
date
of this Code; (4) the validity of any contract; or (5) the | ||
validity of any
tax levied under any law in effect prior to the | ||
effective date of this
Code. The repeal of any validating Act | ||
or part thereof shall not avoid the
effect of the validation. | ||
No Act repealed by Section 8-5-1 shall repeal any
Act or part | ||
thereof which embraces the same or a similar subject matter as
| ||
the Act repealed.
| ||
(Source: P.A. 78-255.)
| ||
Section 10-281. The Unified Code of Corrections is amended | ||
by changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1, |
5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 and by adding 5-6-3.8 as | ||
follows:
| ||
(730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||
Sec. 3-6-3. Rules and regulations for sentence credit.
| ||
(a)(1) The Department of Corrections shall prescribe rules
| ||
and regulations for awarding and revoking sentence credit for | ||
persons committed to the Department which shall
be subject to | ||
review by the Prisoner Review Board.
| ||
(1.5) As otherwise provided by law, sentence credit may be | ||
awarded for the following: | ||
(A) successful completion of programming while in | ||
custody of the Department or while in custody prior to | ||
sentencing; | ||
(B) compliance with the rules and regulations of the | ||
Department; or | ||
(C) service to the institution, service to a community, | ||
or service to the State. | ||
(2) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide, with
respect to offenses listed in clause (i), | ||
(ii), or (iii) of this paragraph (2) committed on or after June | ||
19, 1998 or with respect to the offense listed in clause (iv) | ||
of this paragraph (2) committed on or after June 23, 2005 (the | ||
effective date of Public Act 94-71) or with
respect to offense | ||
listed in clause (vi)
committed on or after June 1, 2008 (the |
effective date of Public Act 95-625)
or with respect to the | ||
offense of being an armed habitual criminal committed on or | ||
after August 2, 2005 (the effective date of Public Act 94-398) | ||
or with respect to the offenses listed in clause (v) of this | ||
paragraph (2) committed on or after August 13, 2007 (the | ||
effective date of Public Act 95-134) or with respect to the | ||
offense of aggravated domestic battery committed on or after | ||
July 23, 2010 (the effective date of Public Act 96-1224) or | ||
with respect to the offense of attempt to commit terrorism | ||
committed on or after January 1, 2013 (the effective date of | ||
Public Act 97-990), the following:
| ||
(i) that a prisoner who is serving a term of | ||
imprisonment for first
degree murder or for the offense of | ||
terrorism shall receive no sentence
credit and shall serve | ||
the entire
sentence imposed by the court;
| ||
(ii) that a prisoner serving a sentence for attempt to | ||
commit terrorism, attempt to commit first
degree murder, | ||
solicitation of murder, solicitation of murder for hire,
| ||
intentional homicide of an unborn child, predatory | ||
criminal sexual assault of a
child, aggravated criminal | ||
sexual assault, criminal sexual assault, aggravated
| ||
kidnapping, aggravated battery with a firearm as described | ||
in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||
(e)(4) of Section 12-3.05, heinous battery as described in | ||
Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||
being an armed habitual criminal, aggravated
battery of a |
senior citizen as described in Section 12-4.6 or | ||
subdivision (a)(4) of Section 12-3.05, or aggravated | ||
battery of a child as described in Section 12-4.3 or | ||
subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||
than 4.5 days of sentence credit for each month of his or | ||
her sentence
of imprisonment;
| ||
(iii) that a prisoner serving a sentence
for home | ||
invasion, armed robbery, aggravated vehicular hijacking,
| ||
aggravated discharge of a firearm, or armed violence with a | ||
category I weapon
or category II weapon, when the court
has | ||
made and entered a finding, pursuant to subsection (c-1) of | ||
Section 5-4-1
of this Code, that the conduct leading to | ||
conviction for the enumerated offense
resulted in great | ||
bodily harm to a victim, shall receive no more than 4.5 | ||
days
of sentence credit for each month of his or her | ||
sentence of imprisonment;
| ||
(iv) that a prisoner serving a sentence for aggravated | ||
discharge of a firearm, whether or not the conduct leading | ||
to conviction for the offense resulted in great bodily harm | ||
to the victim, shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment;
| ||
(v) that a person serving a sentence for gunrunning, | ||
narcotics racketeering, controlled substance trafficking, | ||
methamphetamine trafficking, drug-induced homicide, | ||
aggravated methamphetamine-related child endangerment, |
money laundering pursuant to clause (c) (4) or (5) of | ||
Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or a Class X felony conviction for delivery | ||
of a controlled substance, possession of a controlled | ||
substance with intent to manufacture or deliver, | ||
calculated criminal drug conspiracy, criminal drug | ||
conspiracy, street gang criminal drug conspiracy, | ||
participation in methamphetamine manufacturing, aggravated | ||
participation in methamphetamine manufacturing, delivery | ||
of methamphetamine, possession with intent to deliver | ||
methamphetamine, aggravated delivery of methamphetamine, | ||
aggravated possession with intent to deliver | ||
methamphetamine, methamphetamine conspiracy when the | ||
substance containing the controlled substance or | ||
methamphetamine is 100 grams or more shall receive no more | ||
than 7.5 days sentence credit for each month of his or her | ||
sentence of imprisonment;
| ||
(vi)
that a prisoner serving a sentence for a second or | ||
subsequent offense of luring a minor shall receive no more | ||
than 4.5 days of sentence credit for each month of his or | ||
her sentence of imprisonment; and
| ||
(vii) that a prisoner serving a sentence for aggravated | ||
domestic battery shall receive no more than 4.5 days of | ||
sentence credit for each month of his or her sentence of | ||
imprisonment. | ||
(2.1) For all offenses, other than those enumerated in |
subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||
June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||
June 23, 2005 (the effective date of Public Act 94-71) or | ||
subdivision (a)(2)(v) committed on or after August 13, 2007 | ||
(the effective date of Public Act 95-134)
or subdivision | ||
(a)(2)(vi) committed on or after June 1, 2008 (the effective | ||
date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||
on or after July 23, 2010 (the effective date of Public Act | ||
96-1224), and other than the offense of aggravated driving | ||
under the influence of alcohol, other drug or drugs, or
| ||
intoxicating compound or compounds, or any combination thereof | ||
as defined in
subparagraph (F) of paragraph (1) of subsection | ||
(d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||
than the offense of aggravated driving under the influence of | ||
alcohol,
other drug or drugs, or intoxicating compound or | ||
compounds, or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||
11-501 of the Illinois Vehicle Code committed on or after | ||
January 1, 2011 (the effective date of Public Act 96-1230),
the | ||
rules and regulations shall
provide that a prisoner who is | ||
serving a term of
imprisonment shall receive one day of | ||
sentence credit for each day of
his or her sentence of | ||
imprisonment or recommitment under Section 3-3-9.
Each day of | ||
sentence credit shall reduce by one day the prisoner's period
| ||
of imprisonment or recommitment under Section 3-3-9.
| ||
(2.2) A prisoner serving a term of natural life |
imprisonment or a
prisoner who has been sentenced to death | ||
shall receive no sentence
credit.
| ||
(2.3) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that
a prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol,
other drug | ||
or drugs, or intoxicating compound or compounds, or any | ||
combination
thereof as defined in subparagraph (F) of paragraph | ||
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||
Code, shall receive no more than 4.5
days of sentence credit | ||
for each month of his or her sentence of
imprisonment.
| ||
(2.4) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide with
respect to the offenses of aggravated | ||
battery with a machine gun or a firearm
equipped with any | ||
device or attachment designed or used for silencing the
report | ||
of a firearm or aggravated discharge of a machine gun or a | ||
firearm
equipped with any device or attachment designed or used | ||
for silencing the
report of a firearm, committed on or after
| ||
July 15, 1999 (the effective date of Public Act 91-121),
that a | ||
prisoner serving a sentence for any of these offenses shall | ||
receive no
more than 4.5 days of sentence credit for each month | ||
of his or her sentence
of imprisonment.
| ||
(2.5) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that a
prisoner who is serving a sentence for |
aggravated arson committed on or after
July 27, 2001 (the | ||
effective date of Public Act 92-176) shall receive no more than
| ||
4.5 days of sentence credit for each month of his or her | ||
sentence of
imprisonment.
| ||
(2.6) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations on sentence credit | ||
shall provide that a
prisoner who is serving a sentence for | ||
aggravated driving under the influence of alcohol,
other drug | ||
or drugs, or intoxicating compound or compounds or any | ||
combination
thereof as defined in subparagraph (C) of paragraph | ||
(1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||
Code committed on or after January 1, 2011 (the effective date | ||
of Public Act 96-1230) shall receive no more than 4.5
days of | ||
sentence credit for each month of his or her sentence of
| ||
imprisonment. | ||
(3) In addition to the sentence credits earned under | ||
paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that
the Director may award up to 180 days of earned sentence
| ||
credit for prisoners serving a sentence of incarceration of | ||
less than 5 years, and up to 365 days of earned sentence credit | ||
for prisoners serving a sentence of 5 years or longer. The | ||
Director may grant this credit for good conduct in specific | ||
instances as the
Director deems proper. The good conduct may | ||
include, but is not limited to, compliance with the rules and | ||
regulations of the Department, service to the Department, |
service to a community, or service to the State.
| ||
Eligible inmates for an award of earned sentence credit | ||
under
this paragraph (3) may be selected to receive the credit | ||
at
the Director's or his or her designee's sole discretion.
| ||
Eligibility for the additional earned sentence credit under | ||
this paragraph (3) may shall be based on, but is not limited | ||
to, participation in programming offered by the department as | ||
appropriate for the prisoner based on the results of any | ||
available risk/needs assessment or other relevant assessments | ||
or evaluations administered by the Department using a validated | ||
instrument, the circumstances of the crime, demonstrated | ||
commitment to rehabilitation by a prisoner with a any history | ||
of conviction for a forcible felony enumerated in Section 2-8 | ||
of the Criminal Code of 2012, the inmate's behavior and | ||
improvements in disciplinary history while incarcerated, and | ||
the inmate's commitment to rehabilitation, including | ||
participation in programming offered by the Department. | ||
The Director shall not award sentence credit under this | ||
paragraph (3) to an inmate unless the inmate has served a | ||
minimum of 60 days of the sentence; except nothing in this | ||
paragraph shall be construed to permit the Director to extend | ||
an inmate's sentence beyond that which was imposed by the | ||
court. Prior to awarding credit under this paragraph (3), the | ||
Director shall make a written determination that the inmate: | ||
(A) is eligible for the earned sentence credit; | ||
(B) has served a minimum of 60 days, or as close to 60 |
days as the sentence will allow; | ||
(B-1) has received a risk/needs assessment or other | ||
relevant evaluation or assessment administered by the | ||
Department using a validated instrument; and | ||
(C) has met the eligibility criteria established by | ||
rule for earned sentence credit. | ||
The Director shall determine the form and content of the | ||
written determination required in this subsection. | ||
(3.5) The Department shall provide annual written reports | ||
to the Governor and the General Assembly on the award of earned | ||
sentence credit no later than February 1 of each year. The | ||
Department must publish both reports on its website within 48 | ||
hours of transmitting the reports to the Governor and the | ||
General Assembly. The reports must include: | ||
(A) the number of inmates awarded earned sentence | ||
credit; | ||
(B) the average amount of earned sentence credit | ||
awarded; | ||
(C) the holding offenses of inmates awarded earned | ||
sentence credit; and | ||
(D) the number of earned sentence credit revocations. | ||
(4)(A) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that any prisoner who the sentence
credit accumulated and | ||
retained under paragraph (2.1) of subsection (a) of
this | ||
Section by any inmate during specific periods of time in which |
such
inmate is engaged full-time in substance abuse programs, | ||
correctional
industry assignments, educational programs, | ||
work-release programs or activities in accordance with 730 ILCS | ||
5/3-13-1 et seq., behavior modification programs, life skills | ||
courses, or re-entry planning provided by the Department
under | ||
this paragraph (4) and satisfactorily completes the assigned | ||
program as
determined by the standards of the Department, shall | ||
receive [one day] of sentence credit for each day in which that | ||
prisoner is engaged in the activities described in this | ||
paragraph be multiplied by a factor
of 1.25 for program | ||
participation before August 11, 1993
and 1.50 for program | ||
participation on or after that date .
The rules and regulations | ||
shall also provide that sentence credit , subject to the same | ||
offense limits and multiplier provided in this paragraph, may | ||
be provided to an inmate who was held in pre-trial detention | ||
prior to his or her current commitment to the Department of | ||
Corrections and successfully completed a full-time, 60-day or | ||
longer substance abuse program, educational program, behavior | ||
modification program, life skills course, or re-entry planning | ||
provided by the county department of corrections or county | ||
jail. Calculation of this county program credit shall be done | ||
at sentencing as provided in Section 5-4.5-100 of this Code and | ||
shall be included in the sentencing order. The rules and | ||
regulations shall also provide that sentence credit may be | ||
provided to an inmate who is in compliance with programming | ||
requirements in an adult transition center. However, no inmate |
shall be eligible for the additional sentence credit
under this | ||
paragraph (4) or (4.1) of this subsection (a) while assigned to | ||
a boot camp
or electronic detention.
| ||
(B) The Department shall award sentence credit under this | ||
paragraph (4) accumulated prior to January 1, 2020 ( the | ||
effective date of Public Act 101-440) this amendatory Act of | ||
the 101st General Assembly in an amount specified in | ||
subparagraph (C) of this paragraph (4) to an inmate serving a | ||
sentence for an offense committed prior to June 19, 1998, if | ||
the Department determines that the inmate is entitled to this | ||
sentence credit, based upon: | ||
(i) documentation provided by the Department that the | ||
inmate engaged in any full-time substance abuse programs, | ||
correctional industry assignments, educational programs, | ||
behavior modification programs, life skills courses, or | ||
re-entry planning provided by the Department under this | ||
paragraph (4) and satisfactorily completed the assigned | ||
program as determined by the standards of the Department | ||
during the inmate's current term of incarceration; or | ||
(ii) the inmate's own testimony in the form of an | ||
affidavit or documentation, or a third party's | ||
documentation or testimony in the form of an affidavit that | ||
the inmate likely engaged in any full-time substance abuse | ||
programs, correctional industry assignments, educational | ||
programs, behavior modification programs, life skills | ||
courses, or re-entry planning provided by the Department |
under paragraph (4) and satisfactorily completed the | ||
assigned program as determined by the standards of the | ||
Department during the inmate's current term of | ||
incarceration. | ||
(C) If the inmate can provide documentation that he or she | ||
is entitled to sentence credit under subparagraph (B) in excess | ||
of 45 days of participation in those programs, the inmate shall | ||
receive 90 days of sentence credit. If the inmate cannot | ||
provide documentation of more than 45 days of participation in | ||
those programs, the inmate shall receive 45 days of sentence | ||
credit. In the event of a disagreement between the Department | ||
and the inmate as to the amount of credit accumulated under | ||
subparagraph (B), if the Department provides documented proof | ||
of a lesser amount of days of participation in those programs, | ||
that proof shall control. If the Department provides no | ||
documentary proof, the inmate's proof as set forth in clause | ||
(ii) of subparagraph (B) shall control as to the amount of | ||
sentence credit provided. | ||
(D) If the inmate has been convicted of a sex offense as | ||
defined in Section 2 of the Sex Offender Registration Act, | ||
sentencing credits under subparagraph (B) of this paragraph (4) | ||
shall be awarded by the Department only if the conditions set | ||
forth in paragraph (4.6) of subsection (a) are satisfied. No | ||
inmate serving a term of natural life imprisonment shall | ||
receive sentence credit under subparagraph (B) of this | ||
paragraph (4). |
Educational, vocational, substance abuse, behavior | ||
modification programs, life skills courses, re-entry planning, | ||
and correctional
industry programs under which sentence credit | ||
may be earned increased under
this paragraph (4) and paragraph | ||
(4.1) of this subsection (a) shall be evaluated by the | ||
Department on the basis of
documented standards. The Department | ||
shall report the results of these
evaluations to the Governor | ||
and the General Assembly by September 30th of each
year. The | ||
reports shall include data relating to the recidivism rate | ||
among
program participants.
| ||
Availability of these programs shall be subject to the
| ||
limits of fiscal resources appropriated by the General Assembly | ||
for these
purposes. Eligible inmates who are denied immediate | ||
admission shall be
placed on a waiting list under criteria | ||
established by the Department. The rules and regulations shall | ||
provide that a prisoner who has been placed on a waiting list | ||
but is transferred for non-disciplinary reasons before | ||
beginning a program shall receive priority placement on the | ||
waitlist for appropriate programs at the new facility.
The | ||
inability of any inmate to become engaged in any such programs
| ||
by reason of insufficient program resources or for any other | ||
reason
established under the rules and regulations of the | ||
Department shall not be
deemed a cause of action under which | ||
the Department or any employee or
agent of the Department shall | ||
be liable for damages to the inmate. The rules and regulations | ||
shall provide that a prisoner who begins an educational, |
vocational, substance abuse, work-release programs or | ||
activities in accordance with 730 ILCS 5/3-13-1 et seq., | ||
behavior modification program, life skills course, re-entry | ||
planning, or correctional industry programs but is unable to | ||
complete the program due to illness, disability, transfer, | ||
lockdown, or another reason outside of the prisoner's control | ||
shall receive prorated sentence credits for the days in which | ||
the prisoner did participate.
| ||
(4.1) Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall also provide | ||
that an additional 90 days of sentence credit shall be awarded | ||
to any prisoner who passes high school equivalency testing | ||
while the prisoner is committed to the Department of | ||
Corrections. The sentence credit awarded under this paragraph | ||
(4.1) shall be in addition to, and shall not affect, the award | ||
of sentence credit under any other paragraph of this Section, | ||
but shall also be pursuant to the guidelines and restrictions | ||
set forth in paragraph (4) of subsection (a) of this Section.
| ||
The sentence credit provided for in this paragraph shall be | ||
available only to those prisoners who have not previously | ||
earned a high school diploma or a high school equivalency | ||
certificate. If, after an award of the high school equivalency | ||
testing sentence credit has been made, the Department | ||
determines that the prisoner was not eligible, then the award | ||
shall be revoked.
The Department may also award 90 days of | ||
sentence credit to any committed person who passed high school |
equivalency testing while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department of | ||
Corrections. Except as provided in paragraph (4.7) of this | ||
subsection (a), the rules and regulations shall provide that an | ||
additional 120 days of sentence credit shall be awarded to any | ||
prisoner who obtains a associate degree while the prisoner is | ||
committed to the Department of Corrections, regardless of the | ||
date that the associate degree was obtained, including if prior | ||
to the effective date of this amendatory Act of the 101st | ||
General Assembly. The sentence credit awarded under this | ||
paragraph (4.1) shall be in addition to, and shall not affect, | ||
the award of sentence credit under any other paragraph of this | ||
Section, but shall also be under the guidelines and | ||
restrictions set forth in paragraph (4) of subsection (a) of | ||
this Section. The sentence credit provided for in this | ||
paragraph (4.1) shall be available only to those prisoners who | ||
have not previously earned an associate degree prior to the | ||
current commitment to the Department of Corrections. If, after | ||
an award of the associate degree sentence credit has been made | ||
and the Department determines that the prisoner was not | ||
eligible, then the award shall be revoked. The Department may | ||
also award 120 days of sentence credit to any committed person | ||
who earned an associate degree while he or she was held in | ||
pre-trial detention prior to the current commitment to the | ||
Department of Corrections. | ||
Except as provided in paragraph (4.7) of this subsection |
(a), the rules and regulations shall provide that an additional | ||
180 days of sentence credit shall be awarded to any prisoner | ||
who obtains a bachelor's degree while the prisoner is committed | ||
to the Department of Corrections. The sentence credit awarded | ||
under this paragraph (4.1) shall be in addition to, and shall | ||
not affect, the award of sentence credit under any other | ||
paragraph of this Section, but shall also be under the | ||
guidelines and restrictions set forth in paragraph (4) of this | ||
subsection (a). The sentence credit provided for in this | ||
paragraph shall be available only to those prisoners who have | ||
not earned a bachelor's degree prior to the current commitment | ||
to the Department of Corrections. If, after an award of the | ||
bachelor's degree sentence credit has been made, the Department | ||
determines that the prisoner was not eligible, then the award | ||
shall be revoked. The Department may also award 180 days of | ||
sentence credit to any committed person who earned a bachelor's | ||
degree while he or she was held in pre-trial detention prior to | ||
the current commitment to the Department of Corrections. | ||
Except as provided in paragraph (4.7) of this subsection | ||
(a), the rules and regulations shall provide that an additional | ||
180 days of sentence credit shall be awarded to any prisoner | ||
who obtains a master's or professional degree while the | ||
prisoner is committed to the Department of Corrections. The | ||
sentence credit awarded under this paragraph (4.1) shall be in | ||
addition to, and shall not affect, the award of sentence credit | ||
under any other paragraph of this Section, but shall also be |
under the guidelines and restrictions set forth in paragraph | ||
(4) of this subsection (a). The sentence credit provided for in | ||
this paragraph shall be available only to those prisoners who | ||
have not previously earned a master's or professional degree | ||
prior to the current commitment to the Department of | ||
Corrections. If, after an award of the master's or professional | ||
degree sentence credit has been made, the Department determines | ||
that the prisoner was not eligible, then the award shall be | ||
revoked. The Department may also award 180 days of sentence | ||
credit to any committed person who earned a master's or | ||
professional degree while he or she was held in pre-trial | ||
detention prior to the current commitment to the Department of | ||
Corrections. | ||
(4.2) The rules and regulations shall also provide that any | ||
prisoner engaged in self-improvement programs, volunteer work, | ||
or work assignments that are not otherwise eligible activities | ||
under section (4), shall receive up to 0.5 days of sentence | ||
credit for each day in which the prisoner is engaged in | ||
activities described in this paragraph. | ||
(4.5) The rules and regulations on sentence credit shall | ||
also provide that
when the court's sentencing order recommends | ||
a prisoner for substance abuse treatment and the
crime was | ||
committed on or after September 1, 2003 (the effective date of
| ||
Public Act 93-354), the prisoner shall receive no sentence | ||
credit awarded under clause (3) of this subsection (a) unless | ||
he or she participates in and
completes a substance abuse |
treatment program. The Director may waive the requirement to | ||
participate in or complete a substance abuse treatment program | ||
in specific instances if the prisoner is not a good candidate | ||
for a substance abuse treatment program for medical, | ||
programming, or operational reasons. Availability of
substance | ||
abuse treatment shall be subject to the limits of fiscal | ||
resources
appropriated by the General Assembly for these | ||
purposes. If treatment is not
available and the requirement to | ||
participate and complete the treatment has not been waived by | ||
the Director, the prisoner shall be placed on a waiting list | ||
under criteria
established by the Department. The Director may | ||
allow a prisoner placed on
a waiting list to participate in and | ||
complete a substance abuse education class or attend substance
| ||
abuse self-help meetings in lieu of a substance abuse treatment | ||
program. A prisoner on a waiting list who is not placed in a | ||
substance abuse program prior to release may be eligible for a | ||
waiver and receive sentence credit under clause (3) of this | ||
subsection (a) at the discretion of the Director.
| ||
(4.6) The rules and regulations on sentence credit shall | ||
also provide that a prisoner who has been convicted of a sex | ||
offense as defined in Section 2 of the Sex Offender | ||
Registration Act shall receive no sentence credit unless he or | ||
she either has successfully completed or is participating in | ||
sex offender treatment as defined by the Sex Offender | ||
Management Board. However, prisoners who are waiting to receive | ||
treatment, but who are unable to do so due solely to the lack |
of resources on the part of the Department, may, at the | ||
Director's sole discretion, be awarded sentence credit at a | ||
rate as the Director shall determine. | ||
(4.7) On or after January 1, 2018 ( the effective date of | ||
Public Act 100-3) this amendatory Act of the 100th General | ||
Assembly , sentence credit under paragraph (3), (4), or (4.1) of | ||
this subsection (a) may be awarded to a prisoner who is serving | ||
a sentence for an offense described in paragraph (2), (2.3), | ||
(2.4), (2.5), or (2.6) for credit earned on or after January 1, | ||
2018 ( the effective date of Public Act 100-3) this amendatory | ||
Act of the 100th General Assembly ; provided, the award of the | ||
credits under this paragraph (4.7) shall not reduce the | ||
sentence of the prisoner to less than the following amounts: | ||
(i) 85% of his or her sentence if the prisoner is | ||
required to serve 85% of his or her sentence; or | ||
(ii) 60% of his or her sentence if the prisoner is | ||
required to serve 75% of his or her sentence, except if the | ||
prisoner is serving a sentence for gunrunning his or her | ||
sentence shall not be reduced to less than 75%. | ||
(iii) 100% of his or her sentence if the prisoner is | ||
required to serve 100% of his or her sentence. | ||
(5) Whenever the Department is to release any inmate | ||
earlier than it
otherwise would because of a grant of earned | ||
sentence credit under paragraph (3) of subsection (a) of this | ||
Section given at any time during the term, the Department shall | ||
give
reasonable notice of the impending release not less than |
14 days prior to the date of the release to the State's
| ||
Attorney of the county where the prosecution of the inmate took | ||
place, and if applicable, the State's Attorney of the county | ||
into which the inmate will be released. The Department must | ||
also make identification information and a recent photo of the | ||
inmate being released accessible on the Internet by means of a | ||
hyperlink labeled "Community Notification of Inmate Early | ||
Release" on the Department's World Wide Web homepage.
The | ||
identification information shall include the inmate's: name, | ||
any known alias, date of birth, physical characteristics, | ||
commitment offense , and county where conviction was imposed. | ||
The identification information shall be placed on the website | ||
within 3 days of the inmate's release and the information may | ||
not be removed until either: completion of the first year of | ||
mandatory supervised release or return of the inmate to custody | ||
of the Department.
| ||
(b) Whenever a person is or has been committed under
| ||
several convictions, with separate sentences, the sentences
| ||
shall be construed under Section 5-8-4 in granting and
| ||
forfeiting of sentence credit.
| ||
(c) (1) The Department shall prescribe rules and | ||
regulations
for revoking sentence credit, including revoking | ||
sentence credit awarded under paragraph (3) of subsection (a) | ||
of this Section. The Department shall prescribe rules and | ||
regulations establishing and requiring the use of a sanctions | ||
matrix for revoking sentence credit. The Department shall |
prescribe rules and regulations for suspending or reducing
the | ||
rate of accumulation of sentence credit for specific
rule | ||
violations, during imprisonment. These rules and regulations
| ||
shall provide that no inmate may be penalized more than one
| ||
year of sentence credit for any one infraction.
| ||
(2) When the Department seeks to revoke, suspend , or reduce
| ||
the rate of accumulation of any sentence credits for
an alleged | ||
infraction of its rules, it shall bring charges
therefor | ||
against the prisoner sought to be so deprived of
sentence | ||
credits before the Prisoner Review Board as
provided in | ||
subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||
amount of credit at issue exceeds 30 days , whether from one | ||
infraction or cumulatively from multiple infractions arising | ||
out of a single event, or
when , during any 12-month 12 month | ||
period, the cumulative amount of
credit revoked exceeds 30 days | ||
except where the infraction is committed
or discovered within | ||
60 days of scheduled release. In those cases,
the Department of | ||
Corrections may revoke up to 30 days of sentence credit.
The | ||
Board may subsequently approve the revocation of additional | ||
sentence credit, if the Department seeks to revoke sentence | ||
credit in
excess of 30 days. However, the Board shall not be | ||
empowered to review the
Department's decision with respect to | ||
the loss of 30 days of sentence
credit within any calendar year | ||
for any prisoner or to increase any penalty
beyond the length | ||
requested by the Department.
| ||
(3) The Director of the Department of Corrections, in |
appropriate cases, may
restore up to 30 days of sentence | ||
credits which have been revoked, suspended ,
or reduced. The | ||
Department shall prescribe rules and regulations governing the | ||
restoration of sentence credits. These rules and regulations | ||
shall provide for the automatic restoration of sentence credits | ||
following a period in which the prisoner maintains a record | ||
without a disciplinary violation. Any restoration of sentence | ||
credits in excess of 30 days shall
be subject to review by the | ||
Prisoner Review Board. However, the Board may not
restore | ||
sentence credit in excess of the amount requested by the | ||
Director.
| ||
Nothing contained in this Section shall prohibit the | ||
Prisoner Review Board
from ordering, pursuant to Section | ||
3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||
sentence imposed by the court that was not served due to the
| ||
accumulation of sentence credit.
| ||
(d) If a lawsuit is filed by a prisoner in an Illinois or | ||
federal court
against the State, the Department of Corrections, | ||
or the Prisoner Review Board,
or against any of
their officers | ||
or employees, and the court makes a specific finding that a
| ||
pleading, motion, or other paper filed by the prisoner is | ||
frivolous, the
Department of Corrections shall conduct a | ||
hearing to revoke up to
180 days of sentence credit by bringing | ||
charges against the prisoner
sought to be deprived of the | ||
sentence credits before the Prisoner Review
Board as provided | ||
in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
prisoner has not accumulated 180 days of sentence credit at the
| ||
time of the finding, then the Prisoner Review Board may revoke | ||
all
sentence credit accumulated by the prisoner.
| ||
For purposes of this subsection (d):
| ||
(1) "Frivolous" means that a pleading, motion, or other | ||
filing which
purports to be a legal document filed by a | ||
prisoner in his or her lawsuit meets
any or all of the | ||
following criteria:
| ||
(A) it lacks an arguable basis either in law or in | ||
fact;
| ||
(B) it is being presented for any improper purpose, | ||
such as to harass or
to cause unnecessary delay or | ||
needless increase in the cost of litigation;
| ||
(C) the claims, defenses, and other legal | ||
contentions therein are not
warranted by existing law | ||
or by a nonfrivolous argument for the extension,
| ||
modification, or reversal of existing law or the | ||
establishment of new law;
| ||
(D) the allegations and other factual contentions | ||
do not have
evidentiary
support or, if specifically so | ||
identified, are not likely to have evidentiary
support | ||
after a reasonable opportunity for further | ||
investigation or discovery;
or
| ||
(E) the denials of factual contentions are not | ||
warranted on the
evidence, or if specifically so | ||
identified, are not reasonably based on a lack
of |
information or belief.
| ||
(2) "Lawsuit" means a motion pursuant to Section
116-3 | ||
of the Code of Criminal Procedure of 1963, a habeas corpus | ||
action under
Article X of the Code of Civil Procedure or | ||
under federal law (28 U.S.C. 2254),
a petition for claim | ||
under the Court of Claims Act, an action under the
federal | ||
Civil Rights Act (42 U.S.C. 1983), or a second or | ||
subsequent petition for post-conviction relief under | ||
Article 122 of the Code of Criminal Procedure of 1963 | ||
whether filed with or without leave of court or a second or | ||
subsequent petition for relief from judgment under Section | ||
2-1401 of the Code of Civil Procedure.
| ||
(e) Nothing in Public Act 90-592 or 90-593 affects the | ||
validity of Public Act 89-404.
| ||
(f) Whenever the Department is to release any inmate who | ||
has been convicted of a violation of an order of protection | ||
under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, earlier than it
otherwise would | ||
because of a grant of sentence credit, the Department, as a | ||
condition of release, shall require that the person, upon | ||
release, be placed under electronic surveillance as provided in | ||
Section 5-8A-7 of this Code. | ||
(Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | ||
101-440, eff. 1-1-20; revised 8-19-20.)
| ||
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
|
Sec. 5-4-1. Sentencing hearing.
| ||
(a) Except when the death penalty is
sought under hearing | ||
procedures otherwise specified, after a
determination of | ||
guilt, a hearing shall be held to impose the sentence.
However, | ||
prior to the imposition of sentence on an individual being
| ||
sentenced for an offense based upon a charge for a violation of | ||
Section
11-501 of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance, the individual must undergo a | ||
professional evaluation to
determine if an alcohol or other | ||
drug abuse problem exists and the extent
of such a problem. | ||
Programs conducting these evaluations shall be
licensed by the | ||
Department of Human Services. However, if the individual is
not | ||
a resident of Illinois, the court
may, in its discretion, | ||
accept an evaluation from a program in the state of
such | ||
individual's residence. The court shall make a specific finding | ||
about whether the defendant is eligible for participation in a | ||
Department impact incarceration program as provided in Section | ||
5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to | ||
why a sentence to impact incarceration is not an appropriate | ||
sentence. The court may in its sentencing order recommend a | ||
defendant for placement in a Department of Corrections | ||
substance abuse treatment program as provided in paragraph (a) | ||
of subsection (1) of Section 3-2-2 conditioned upon the | ||
defendant being accepted in a program by the Department of | ||
Corrections. At the
hearing the court
shall:
| ||
(1) consider the evidence, if any, received upon the |
trial;
| ||
(2) consider any presentence reports;
| ||
(3) consider the financial impact of incarceration | ||
based on the
financial impact statement filed with the | ||
clerk of the court by the
Department of Corrections;
| ||
(4) consider evidence and information offered by the | ||
parties in
aggravation and mitigation; | ||
(4.5) consider substance abuse treatment, eligibility | ||
screening, and an assessment, if any, of the defendant by | ||
an agent designated by the State of Illinois to provide | ||
assessment services for the Illinois courts;
| ||
(5) hear arguments as to sentencing alternatives;
| ||
(6) afford the defendant the opportunity to make a | ||
statement in his
own behalf;
| ||
(7) afford the victim of a violent crime or a violation | ||
of Section
11-501 of the Illinois Vehicle Code, or a | ||
similar provision of a local
ordinance, the opportunity to | ||
present an oral or written statement, as guaranteed by | ||
Article I, Section 8.1 of the Illinois Constitution and | ||
provided in Section 6 of the Rights of Crime Victims and | ||
Witnesses Act. The court shall allow a victim to make an | ||
oral statement if the victim is present in the courtroom | ||
and requests to make an oral or written statement. An oral | ||
or written statement includes the victim or a | ||
representative of the victim reading the written | ||
statement. The court may allow persons impacted by the |
crime who are not victims under subsection (a) of Section 3 | ||
of the Rights of Crime Victims and Witnesses Act to present | ||
an oral or written statement. A victim and any person | ||
making an oral statement shall not be put under oath or | ||
subject to cross-examination. All statements offered under | ||
this paragraph
(7) shall become part of the record of the | ||
court. In this
paragraph (7), "victim of a violent crime" | ||
means a person who is a victim of a violent crime for which | ||
the defendant has been convicted after a bench or jury | ||
trial or a person who is the victim of a violent crime with | ||
which the defendant was charged and the defendant has been | ||
convicted under a plea agreement of a crime that is not a | ||
violent crime as defined in subsection (c) of 3 of the | ||
Rights of Crime Victims and Witnesses Act; | ||
(7.5) afford a qualified person affected by: (i) a | ||
violation of Section 405, 405.1, 405.2, or 407 of the | ||
Illinois Controlled Substances Act or a violation of | ||
Section 55 or Section 65 of the Methamphetamine Control and | ||
Community Protection Act; or (ii) a Class 4 felony | ||
violation of Section 11-14, 11-14.3 except as described in | ||
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||
11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, committed by the defendant the | ||
opportunity to make a statement concerning the impact on | ||
the qualified person and to offer evidence in aggravation | ||
or mitigation; provided that the statement and evidence |
offered in aggravation or mitigation shall first be | ||
prepared in writing in conjunction with the State's | ||
Attorney before it may be presented orally at the hearing. | ||
Sworn testimony offered by the qualified person is subject | ||
to the defendant's right to cross-examine. All statements | ||
and evidence offered under this paragraph (7.5) shall | ||
become part of the record of the court. In this paragraph | ||
(7.5), "qualified person" means any person who: (i) lived | ||
or worked within the territorial jurisdiction where the | ||
offense took place when the offense took place; or (ii) is | ||
familiar with various public places within the territorial | ||
jurisdiction where the offense took place when the offense | ||
took place. "Qualified person" includes any peace officer | ||
or any member of any duly organized State, county, or | ||
municipal peace officer unit assigned to the territorial | ||
jurisdiction where the offense took place when the offense | ||
took place;
| ||
(8) in cases of reckless homicide afford the victim's | ||
spouse,
guardians, parents or other immediate family | ||
members an opportunity to make
oral statements;
| ||
(9) in cases involving a felony sex offense as defined | ||
under the Sex
Offender
Management Board Act, consider the | ||
results of the sex offender evaluation
conducted pursuant | ||
to Section 5-3-2 of this Act; and
| ||
(10) make a finding of whether a motor vehicle was used | ||
in the commission of the offense for which the defendant is |
being sentenced. | ||
(b) All sentences shall be imposed by the judge based upon | ||
his
independent assessment of the elements specified above and | ||
any agreement
as to sentence reached by the parties. The judge | ||
who presided at the
trial or the judge who accepted the plea of | ||
guilty shall impose the
sentence unless he is no longer sitting | ||
as a judge in that court. Where
the judge does not impose | ||
sentence at the same time on all defendants
who are convicted | ||
as a result of being involved in the same offense, the
| ||
defendant or the State's Attorney may advise the sentencing | ||
court of the
disposition of any other defendants who have been | ||
sentenced.
| ||
(b-1) In imposing a sentence of imprisonment or periodic | ||
imprisonment for a Class 3 or Class 4 felony for which a | ||
sentence of probation or conditional discharge is an available | ||
sentence, if the defendant has no prior sentence of probation | ||
or conditional discharge and no prior conviction for a violent | ||
crime, the defendant shall not be sentenced to imprisonment | ||
before review and consideration of a presentence report and | ||
determination and explanation of why the particular evidence, | ||
information, factor in aggravation, factual finding, or other | ||
reasons support a sentencing determination that one or more of | ||
the factors under subsection (a) of Section 5-6-1 of this Code | ||
apply and that probation or conditional discharge is not an | ||
appropriate sentence. | ||
(c) In imposing a sentence for a violent crime or for an |
offense of
operating or being in physical control of a vehicle | ||
while under the
influence of alcohol, any other drug or any | ||
combination thereof, or a
similar provision of a local | ||
ordinance, when such offense resulted in the
personal injury to | ||
someone other than the defendant, the trial judge shall
specify | ||
on the record the particular evidence, information, factors in
| ||
mitigation and aggravation or other reasons that led to his | ||
sentencing
determination. The full verbatim record of the | ||
sentencing hearing shall be
filed with the clerk of the court | ||
and shall be a public record.
| ||
(c-1) In imposing a sentence for the offense of aggravated | ||
kidnapping for
ransom, home invasion, armed robbery, | ||
aggravated vehicular hijacking,
aggravated discharge of a | ||
firearm, or armed violence with a category I weapon
or category | ||
II weapon,
the trial judge shall make a finding as to whether | ||
the conduct leading to
conviction for the offense resulted in | ||
great bodily harm to a victim, and
shall enter that finding and | ||
the basis for that finding in the record.
| ||
(c-2) If the defendant is sentenced to prison, other than | ||
when a sentence of
natural life imprisonment or a sentence of | ||
death is imposed, at the time
the sentence is imposed the judge | ||
shall
state on the record in open court the approximate period | ||
of time the defendant
will serve in custody according to the | ||
then current statutory rules and
regulations for sentence | ||
credit found in Section 3-6-3 and other related
provisions of | ||
this Code. This statement is intended solely to inform the
|
public, has no legal effect on the defendant's actual release, | ||
and may not be
relied on by the defendant on appeal.
| ||
The judge's statement, to be given after pronouncing the | ||
sentence, other than
when the sentence is imposed for one of | ||
the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||
shall include the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and
the Illinois Prisoner Review Board. In this | ||
case, assuming the defendant
receives all of his or her | ||
sentence credit, the period of estimated actual
custody is ... | ||
years and ... months, less up to 180 days additional earned | ||
sentence credit. If the defendant, because of his or
her own | ||
misconduct or failure to comply with the institutional | ||
regulations,
does not receive those credits, the actual time | ||
served in prison will be
longer. The defendant may also receive | ||
an additional one-half day sentence
credit for each day of | ||
participation in vocational, industry, substance abuse,
and | ||
educational programs as provided for by Illinois statute."
| ||
When the sentence is imposed for one of the offenses | ||
enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||
first degree murder, and the offense was
committed on or after | ||
June 19, 1998, and when the sentence is imposed for
reckless |
homicide as defined in subsection (e) of Section 9-3 of the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||
offense was committed on or after January 1, 1999,
and when the | ||
sentence is imposed for aggravated driving under the influence
| ||
of alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or
any combination thereof as defined in | ||
subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||
11-501 of the Illinois Vehicle Code, and when
the sentence is | ||
imposed for aggravated arson if the offense was committed
on or | ||
after July 27, 2001 (the effective date of Public Act 92-176), | ||
and when
the sentence is imposed for aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or intoxicating | ||
compound or compounds, or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||
11-501 of the Illinois Vehicle Code committed on or after | ||
January 1, 2011 (the effective date of Public Act 96-1230), the | ||
judge's
statement, to be given after pronouncing the sentence, | ||
shall include the
following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and
the Illinois Prisoner Review Board. In this | ||
case,
the defendant is entitled to no more than 4 1/2 days of | ||
sentence credit for
each month of his or her sentence of |
imprisonment. Therefore, this defendant
will serve at least 85% | ||
of his or her sentence. Assuming the defendant
receives 4 1/2 | ||
days credit for each month of his or her sentence, the period
| ||
of estimated actual custody is ... years and ... months. If the | ||
defendant,
because of his or her own misconduct or failure to | ||
comply with the
institutional regulations receives lesser | ||
credit, the actual time served in
prison will be longer."
| ||
When a sentence of imprisonment is imposed for first degree | ||
murder and
the offense was committed on or after June 19, 1998, | ||
the judge's statement,
to be given after pronouncing the | ||
sentence, shall include the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department
of | ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case, the
defendant is not entitled to sentence credit. | ||
Therefore, this defendant
will serve 100% of his or her | ||
sentence."
| ||
When the sentencing order recommends placement in a | ||
substance abuse program for any offense that results in | ||
incarceration
in a Department of Corrections facility and the | ||
crime was
committed on or after September 1, 2003 (the | ||
effective date of Public Act
93-354), the judge's
statement, in | ||
addition to any other judge's statement required under this
|
Section, to be given after pronouncing the sentence, shall | ||
include the
following:
| ||
"The purpose of this statement is to inform the public of
| ||
the actual period of time this defendant is likely to spend in
| ||
prison as a result of this sentence. The actual period of
| ||
prison time served is determined by the statutes of Illinois as
| ||
applied to this sentence by the Illinois Department of
| ||
Corrections and the Illinois Prisoner Review Board. In this
| ||
case, the defendant shall receive no earned sentence credit | ||
under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||
she participates in and completes a substance abuse treatment | ||
program or receives a waiver from the Director of Corrections | ||
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||
(c-4) Before the sentencing hearing and as part of the | ||
presentence investigation under Section 5-3-1, the court shall | ||
inquire of the defendant whether the defendant is currently | ||
serving in or is a veteran of the Armed Forces of the United | ||
States.
If the defendant is currently serving in the Armed | ||
Forces of the United States or is a veteran of the Armed Forces | ||
of the United States and has been diagnosed as having a mental | ||
illness by a qualified psychiatrist or clinical psychologist or | ||
physician, the court may: | ||
(1) order that the officer preparing the presentence | ||
report consult with the United States Department of | ||
Veterans Affairs, Illinois Department of Veterans' | ||
Affairs, or another agency or person with suitable |
knowledge or experience for the purpose of providing the | ||
court with information regarding treatment options | ||
available to the defendant, including federal, State, and | ||
local programming; and | ||
(2) consider the treatment recommendations of any | ||
diagnosing or treating mental health professionals | ||
together with the treatment options available to the | ||
defendant in imposing sentence. | ||
For the purposes of this subsection (c-4), "qualified | ||
psychiatrist" means a reputable physician licensed in Illinois | ||
to practice medicine in all its branches, who has specialized | ||
in the diagnosis and treatment of mental and nervous disorders | ||
for a period of not less than 5 years. | ||
(c-6) In imposing a sentence, the trial judge shall | ||
specify, on the record, the particular evidence and other | ||
reasons which led to his or her determination that a motor | ||
vehicle was used in the commission of the offense. | ||
(c-7) In imposing a sentence for a Class 3 or 4 felony, | ||
other than a violent crime as defined in Section 3 of the | ||
Rights of Crime Victims and Witnesses Act, the court shall | ||
determine and indicate in the sentencing order whether the | ||
defendant has 4 or more or fewer than 4 months remaining on his | ||
or her sentence accounting for time served. | ||
(d) When the defendant is committed to the Department of
| ||
Corrections, the State's Attorney shall and counsel for the | ||
defendant
may file a statement with the clerk of the court to |
be transmitted to
the department, agency or institution to | ||
which the defendant is
committed to furnish such department, | ||
agency or institution with the
facts and circumstances of the | ||
offense for which the person was
committed together with all | ||
other factual information accessible to them
in regard to the | ||
person prior to his commitment relative to his habits,
| ||
associates, disposition and reputation and any other facts and
| ||
circumstances which may aid such department, agency or | ||
institution
during its custody of such person. The clerk shall | ||
within 10 days after
receiving any such statements transmit a | ||
copy to such department, agency
or institution and a copy to | ||
the other party, provided, however, that
this shall not be | ||
cause for delay in conveying the person to the
department, | ||
agency or institution to which he has been committed.
| ||
(e) The clerk of the court shall transmit to the | ||
department,
agency or institution, if any, to which the | ||
defendant is committed, the
following:
| ||
(1) the sentence imposed;
| ||
(2) any statement by the court of the basis for | ||
imposing the sentence;
| ||
(3) any presentence reports;
| ||
(3.5) any sex offender evaluations;
| ||
(3.6) any substance abuse treatment eligibility | ||
screening and assessment of the defendant by an agent | ||
designated by the State of Illinois to provide assessment | ||
services for the Illinois courts;
|
(4) the number of days, if any, which the defendant has | ||
been in
custody and for which he is entitled to credit | ||
against the sentence,
which information shall be provided | ||
to the clerk by the sheriff;
| ||
(4.1) any finding of great bodily harm made by the | ||
court with respect
to an offense enumerated in subsection | ||
(c-1);
| ||
(5) all statements filed under subsection (d) of this | ||
Section;
| ||
(6) any medical or mental health records or summaries | ||
of the defendant;
| ||
(7) the municipality where the arrest of the offender | ||
or the commission
of the offense has occurred, where such | ||
municipality has a population of
more than 25,000 persons;
| ||
(8) all statements made and evidence offered under | ||
paragraph (7) of
subsection (a) of this Section; and
| ||
(9) all additional matters which the court directs the | ||
clerk to
transmit.
| ||
(f) In cases in which the court finds that a motor vehicle | ||
was used in the commission of the offense for which the | ||
defendant is being sentenced, the clerk of the court shall, | ||
within 5 days thereafter, forward a report of such conviction | ||
to the Secretary of State. | ||
(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19; | ||
101-105, eff. 1-1-20 .) |
(730 ILCS 5/5-4.5-95) | ||
Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||
(a) HABITUAL CRIMINALS. | ||
(1) Every person who has been twice convicted in any | ||
state or federal court of an offense that contains the same | ||
elements as an offense now (the date of the offense | ||
committed after the 2 prior convictions) classified in | ||
Illinois as a Class X felony, criminal sexual assault, | ||
aggravated kidnapping, or first degree murder, and who is | ||
thereafter convicted of a Class X felony, criminal sexual | ||
assault, or first degree murder, committed after the 2 | ||
prior convictions, shall be adjudged an habitual criminal. | ||
(2) The 2 prior convictions need not have been for the | ||
same offense. | ||
(3) Any convictions that result from or are connected | ||
with the same transaction, or result from offenses | ||
committed at the same time, shall be counted for the | ||
purposes of this Section as one conviction. | ||
(4) This Section does not apply unless each of the | ||
following requirements are satisfied: | ||
(A) The third offense was committed after July 3, | ||
1980. | ||
(B) The third offense was committed within 20 years | ||
of the date that judgment was entered on the first | ||
conviction; provided, however, that time spent in | ||
custody shall not be counted. |
(C) The third offense was committed after | ||
conviction on the second offense. | ||
(D) The second offense was committed after | ||
conviction on the first offense. | ||
(E) The first offense was committed when the person | ||
was 21 years of age or older. | ||
(5) Anyone who , having attained the age of 18 at the | ||
time of the third offense, is adjudged an habitual criminal | ||
shall be sentenced to a term of natural life imprisonment. | ||
(6) A prior conviction shall not be alleged in the | ||
indictment, and no evidence or other disclosure of that | ||
conviction shall be presented to the court or the jury | ||
during the trial of an offense set forth in this Section | ||
unless otherwise permitted by the issues properly raised in | ||
that trial. After a plea or verdict or finding of guilty | ||
and before sentence is imposed, the prosecutor may file | ||
with the court a verified written statement signed by the | ||
State's Attorney concerning any former conviction of an | ||
offense set forth in this Section rendered against the | ||
defendant. The court shall then cause the defendant to be | ||
brought before it; shall inform the defendant of the | ||
allegations of the statement so filed, and of his or her | ||
right to a hearing before the court on the issue of that | ||
former conviction and of his or her right to counsel at | ||
that hearing; and unless the defendant admits such | ||
conviction, shall hear and determine the issue, and shall |
make a written finding thereon. If a sentence has | ||
previously been imposed, the court may vacate that sentence | ||
and impose a new sentence in accordance with this Section. | ||
(7) A duly authenticated copy of the record of any | ||
alleged former conviction of an offense set forth in this | ||
Section shall be prima facie evidence of that former | ||
conviction; and a duly authenticated copy of the record of | ||
the defendant's final release or discharge from probation | ||
granted, or from sentence and parole supervision (if any) | ||
imposed pursuant to that former conviction, shall be prima | ||
facie evidence of that release or discharge. | ||
(8) Any claim that a previous conviction offered by the | ||
prosecution is not a former conviction of an offense set | ||
forth in this Section because of the existence of any | ||
exceptions described in this Section, is waived unless duly | ||
raised at the hearing on that conviction, or unless the | ||
prosecution's proof shows the existence of the exceptions | ||
described in this Section. | ||
(9) If the person so convicted shows to the | ||
satisfaction of the court before whom that conviction was | ||
had that he or she was released from imprisonment, upon | ||
either of the sentences upon a pardon granted for the | ||
reason that he or she was innocent, that conviction and | ||
sentence shall not be considered under this Section.
| ||
(b) When a defendant, over the age of 21 years, is | ||
convicted of a Class 1 or Class 2 forcible felony , except for |
an offense listed in subsection (c) of this Section, after | ||
having twice been convicted in any state or federal court of an | ||
offense that contains the same elements as an offense now (the | ||
date the Class 1 or Class 2 forcible felony was committed) | ||
classified in Illinois as a Class 2 or greater Class forcible | ||
felony , except for an offense listed in subsection (c) of this | ||
Section, and those charges are separately brought and tried and | ||
arise out of different series of acts, that defendant shall be | ||
sentenced as a Class X offender. This subsection does not apply | ||
unless: | ||
(1) the first forcible felony was committed after | ||
February 1, 1978 (the effective date of Public Act | ||
80-1099); | ||
(2) the second forcible felony was committed after | ||
conviction on the first; and | ||
(3) the third forcible felony was committed after | ||
conviction on the second ; and | ||
(4) the first offense was committed when the person was | ||
21 years of age or older . | ||
(c) (Blank). Subsection (b) of this Section does not apply | ||
to Class 1 or Class 2 felony convictions for a violation of | ||
Section 16-1 of the Criminal Code of 2012. | ||
A person sentenced as a Class X offender under this | ||
subsection (b) is not eligible to apply for treatment as a | ||
condition of probation as provided by Section 40-10 of the | ||
Substance Use Disorder Act (20 ILCS 301/40-10).
|
(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759, | ||
eff. 1-1-19 .) | ||
(730 ILCS 5/5-4.5-100)
| ||
Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT. | ||
(a) COMMENCEMENT. A sentence of imprisonment shall | ||
commence on the date on which the offender is received by the | ||
Department or the institution at which the sentence is to be | ||
served. | ||
(b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set | ||
forth in subsection (e), the offender shall be given credit on | ||
the determinate sentence or maximum term and the minimum period | ||
of imprisonment for the number of days spent in custody as a | ||
result of the offense for which the sentence was imposed. The | ||
Department shall calculate the credit at the rate specified in | ||
Section 3-6-3 (730 ILCS 5/3-6-3). The Except when prohibited by | ||
subsection (d), the trial court shall give credit to the | ||
defendant for time spent in home detention on the same | ||
sentencing terms as incarceration as provided in Section 5-8A-3 | ||
(730 ILCS 5/5-8A-3). Home detention for purposes of credit | ||
includes restrictions on liberty such as curfews restricting | ||
movement for 12 hours or more per day and electronic monitoring | ||
that restricts travel or movement. Electronic monitoring is not | ||
required for home detention to be considered custodial for | ||
purposes of sentencing credit. The trial court may give credit | ||
to the defendant for the number of days spent confined for |
psychiatric or substance abuse treatment prior to judgment, if | ||
the court finds that the detention or confinement was | ||
custodial. | ||
(c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender | ||
arrested on one charge and prosecuted on another charge for | ||
conduct that occurred prior to his or her arrest shall be given | ||
credit on the determinate sentence or maximum term and the | ||
minimum term of imprisonment for time spent in custody under | ||
the former charge not credited against another sentence.
| ||
(c-5) CREDIT; PROGRAMMING. The trial court shall give the | ||
defendant credit for successfully completing county | ||
programming while in custody prior to imposition of sentence at | ||
the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the | ||
purposes of this subsection, "custody" includes time spent in | ||
home detention. | ||
(d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender | ||
sentenced to a term of imprisonment for an offense listed in | ||
paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS | ||
5/5-5-3) or in paragraph (3) of subsection (c-1) of Section | ||
11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall | ||
not receive credit for time spent in home detention prior to | ||
judgment.
| ||
(e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED | ||
RELEASE, OR PROBATION. An offender charged with the commission | ||
of an offense committed while on parole, mandatory supervised | ||
release, or probation shall not be given credit for time spent |
in custody under subsection (b) for that offense for any time | ||
spent in custody as a result of a revocation of parole, | ||
mandatory supervised release, or probation where such | ||
revocation is based on a sentence imposed for a previous | ||
conviction, regardless of the facts upon which the revocation | ||
of parole, mandatory supervised release, or probation is based, | ||
unless both the State and the defendant agree that the time | ||
served for a violation of mandatory supervised release, parole, | ||
or probation shall be credited towards the sentence for the | ||
current offense. | ||
(Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12.) | ||
(730 ILCS 5/5-6-3.8 new) | ||
Sec. 5-6-3.8. Eligibility for programs restricted by | ||
felony background.
Any conviction entered prior to the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly for: | ||
(1) felony possession of a controlled substance, or | ||
possession with intent to manufacture or deliver a controlled | ||
substance, in a total amount equal to or less than the amounts | ||
listed in subsection (a-5) of Section 402 of the Illinois | ||
Controlled Substances Act; or | ||
(2) felony possession of methamphetamine, or possession | ||
with intent to deliver methamphetamine, in an amount less than | ||
3 grams;
or any adjudication of delinquency under the Juvenile | ||
Court Act of 1987 for acts that would have constituted those |
felonies if committed by an adult, shall be treated as a Class | ||
A misdemeanor for the purposes of evaluating a defendant's | ||
eligibility for programs of qualified probation, impact | ||
incarceration, or any other diversion, deflection, probation, | ||
or other program for which felony background or delinquency | ||
background is a factor in determining eligibility. ".
| ||
(730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||
Sec. 5-8-1. Natural life imprisonment; enhancements for | ||
use of a firearm; mandatory supervised release terms.
| ||
(a) Except as otherwise provided in the statute defining | ||
the offense or in Article 4.5 of Chapter V, a
sentence of | ||
imprisonment for a felony shall be a determinate sentence set | ||
by
the court under this Section, subject to Section 5-4.5-115 | ||
of this Code, according to the following limitations:
| ||
(1) for first degree murder,
| ||
(a) (blank),
| ||
(b) if a trier of fact finds beyond a reasonable
| ||
doubt that the murder was accompanied by exceptionally
| ||
brutal or heinous behavior indicative of wanton | ||
cruelty or, except as set forth
in subsection (a)(1)(c) | ||
of this Section, that any of the aggravating factors
| ||
listed in subsection (b) or (b-5) of Section 9-1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012 are
| ||
present, the court may sentence the defendant, subject | ||
to Section 5-4.5-105, to a term of natural life
|
imprisonment, or
| ||
(c) the court shall sentence the defendant to a | ||
term of natural life
imprisonment if the defendant, at | ||
the time of the commission of the murder, had attained | ||
the age of 18, and
| ||
(i) has previously been convicted of first | ||
degree murder under
any state or federal law, or
| ||
(ii) is found guilty of murdering more
than one | ||
victim, or
| ||
(iii) is found guilty of murdering a peace | ||
officer, fireman, or emergency management worker | ||
when
the peace officer, fireman, or emergency | ||
management worker was killed in the course of | ||
performing his
official duties, or to prevent the | ||
peace officer or fireman from
performing his | ||
official duties, or in retaliation for the peace | ||
officer,
fireman, or emergency management worker | ||
from performing his official duties, and the | ||
defendant knew or should
have known that the | ||
murdered individual was a peace officer, fireman, | ||
or emergency management worker, or
| ||
(iv) is found guilty of murdering an employee | ||
of an institution or
facility of the Department of | ||
Corrections, or any similar local
correctional | ||
agency, when the employee was killed in the course | ||
of
performing his official duties, or to prevent |
the employee from performing
his official duties, | ||
or in retaliation for the employee performing his
| ||
official duties, or
| ||
(v) is found guilty of murdering an emergency | ||
medical
technician - ambulance, emergency medical | ||
technician - intermediate, emergency
medical | ||
technician - paramedic, ambulance driver or other | ||
medical assistance or
first aid person while | ||
employed by a municipality or other governmental | ||
unit
when the person was killed in the course of | ||
performing official duties or
to prevent the | ||
person from performing official duties or in | ||
retaliation
for performing official duties and the | ||
defendant knew or should have known
that the | ||
murdered individual was an emergency medical | ||
technician - ambulance,
emergency medical | ||
technician - intermediate, emergency medical
| ||
technician - paramedic, ambulance driver, or other | ||
medical
assistant or first aid personnel, or
| ||
(vi) (blank), or
| ||
(vii) is found guilty of first degree murder | ||
and the murder was
committed by reason of any | ||
person's activity as a community policing | ||
volunteer
or to prevent any person from engaging in | ||
activity as a community policing
volunteer. For | ||
the purpose of this Section, "community policing |
volunteer"
has the meaning ascribed to it in | ||
Section 2-3.5 of the Criminal Code of 2012.
| ||
For purposes of clause (v), "emergency medical | ||
technician - ambulance",
"emergency medical technician - | ||
intermediate", "emergency medical technician -
| ||
paramedic", have the meanings ascribed to them in the | ||
Emergency Medical
Services (EMS) Systems Act.
| ||
(d)(i) if the person committed the offense while | ||
armed with a
firearm, 15 years shall be added to | ||
the term of imprisonment imposed by the
court;
| ||
(ii) if, during the commission of the offense, the | ||
person
personally discharged a firearm, 20 years shall | ||
be added to the term of
imprisonment imposed by the | ||
court;
| ||
(iii) if, during the commission of the offense, the | ||
person
personally discharged a firearm that | ||
proximately caused great bodily harm,
permanent | ||
disability, permanent disfigurement, or death to | ||
another person, 25
years or up to a term of natural | ||
life shall be added to the term of
imprisonment imposed | ||
by the court.
| ||
(2) (blank);
| ||
(2.5) for a person who has attained the age of 18 years
| ||
at the time of the commission of the offense and
who is | ||
convicted under the circumstances described in subdivision | ||
(b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection |
(b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||
or paragraph (2) of subsection
(d) of Section 12-14, | ||
subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||
of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||
Section 11-1.40 or paragraph (2) of subsection (b) of | ||
Section 12-14.1
of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, the sentence shall be a term of | ||
natural life
imprisonment.
| ||
(b) (Blank).
| ||
(c) (Blank).
| ||
(d) Subject to
earlier termination under Section 3-3-8, the | ||
parole or mandatory
supervised release term shall be written as | ||
part of the sentencing order and shall be as follows:
| ||
(1) for first degree murder or for the offenses of | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal sexual assault, and criminal sexual assault if | ||
committed on or before December 12, 2005 or a Class X | ||
felony except for the offenses of predatory criminal sexual | ||
assault of a child, aggravated criminal sexual assault, and | ||
criminal sexual assault if committed on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly and except for the offense of aggravated child | ||
pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||
with sentencing under subsection (c-5) of Section 11-20.1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
if committed on or after January 1, 2009 , 3 years;
|
(1.5) except as provided in paragraph (7) of this | ||
subsection (d), for a Class X felony except for the | ||
offenses of predatory criminal sexual assault of a child, | ||
aggravated criminal sexual assault, and criminal sexual | ||
assault if committed on or after December 13, 2005 (the | ||
effective date of Public Act 94-715) and except for the | ||
offense of aggravated child pornography under Section | ||
11-20.1B.,11-20.3, or 11-20.1 with sentencing under | ||
subsection (c-5) of Section 11-20.1 of the Criminal Code of | ||
1961 or the Criminal Code of 2012, if committed on or after | ||
January 1, 2009, 18 months; | ||
(2) except as provided in paragraph (7) of this | ||
subsection (d), for a Class 1 felony or a Class 2 felony | ||
except for the offense of criminal sexual assault if | ||
committed on or after December 13, 2005 ( the effective date | ||
of Public Act 94-715) this amendatory Act of the 94th | ||
General Assembly and except for the offenses of manufacture | ||
and dissemination of child pornography under clauses | ||
(a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||
of 1961 or the Criminal Code of 2012, if committed on or | ||
after January 1, 2009, 12 months 2 years ;
| ||
(3) except as provided in paragraph (4), (6), or (7) of | ||
this subsection (d), a mandatory supervised release term | ||
shall not be imposed for a Class 3 felony or a Class 4 | ||
felony; unless: | ||
(A) the Prisoner Review Board, based on a validated |
risk and needs assessment, determines it is necessary | ||
for an offender to serve a mandatory supervised release | ||
term; | ||
(B) if the Prisoner Review Board determines a | ||
mandatory supervised release term is necessary | ||
pursuant to subparagraph (A) of this paragraph (3), the | ||
Prisoner Review Board shall specify the maximum number | ||
of months of mandatory supervised release the offender | ||
may serve, limited to a term of:
(i) 12 months for a | ||
Class 3 felony;
and (ii) 12 months for a Class 4 felony | ||
for a Class 3 felony or a Class 4 felony, 1 year ;
| ||
(4) for defendants who commit the offense of predatory | ||
criminal sexual assault of a child, aggravated criminal | ||
sexual assault, or criminal sexual assault, on or after the | ||
effective date of this amendatory Act of the 94th General | ||
Assembly, or who commit the offense of aggravated child | ||
pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||
with sentencing under subsection (c-5) of Section 11-20.1 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
manufacture of child pornography, or dissemination of | ||
child pornography after January 1, 2009, the term of | ||
mandatory supervised release shall range from a minimum of | ||
3 years to a maximum of the natural life of the defendant;
| ||
(5) if the victim is under 18 years of age, for a | ||
second or subsequent
offense of aggravated criminal sexual | ||
abuse or felony criminal sexual abuse,
4 years, at least |
the first 2 years of which the defendant shall serve in an
| ||
electronic monitoring or home detention program under | ||
Article 8A of Chapter V of this Code;
| ||
(6) for a felony domestic battery, aggravated domestic | ||
battery, stalking, aggravated stalking, and a felony | ||
violation of an order of protection, 4 years ; . | ||
(7) for any felony described in paragraph (a)(2)(ii), | ||
(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||
(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3 | ||
of the Unified Code of Corrections requiring an inmate to | ||
serve a minimum of 85% of their court-imposed sentence, | ||
except for the offenses of predatory criminal sexual | ||
assault of a child, aggravated criminal sexual assault, and | ||
criminal sexual assault if committed on or after December | ||
13, 2005 (the effective date of Public Act 94-715) and | ||
except for the offense of aggravated child pornography | ||
under Section 11-20.1B.,11-20.3, or 11-20.1 with | ||
sentencing under subsection (c-5) of Section 11-20.1 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, if | ||
committed on or after January 1, 2009 and except as | ||
provided in paragraph (4) or paragraph (6) of this | ||
subsection (d), the term of mandatory supervised release | ||
shall be as follows: | ||
(A) Class X felony, 3 years; | ||
(B) Class 1 or Class 2 felonies, 2 years; | ||
(C) Class 3 or Class 4 felonies, 1 year. |
(e) (Blank).
| ||
(f) (Blank).
| ||
(Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||
101-288, eff. 1-1-20 .)
| ||
(730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
| ||
Sec. 5-8-6. Place of confinement. | ||
(a) Except as otherwise provided in this subsection (a), | ||
offenders Offenders sentenced to a term
of imprisonment for a | ||
felony shall be committed to the penitentiary
system of the | ||
Department of Corrections.
However, such sentence shall
not | ||
limit the powers of the Department of Children and Family | ||
Services
in relation to any child under the age of one year in | ||
the sole custody
of a person so sentenced, nor in relation to | ||
any child delivered by a
female so sentenced while she is so | ||
confined as a consequence of such
sentence. Except as otherwise | ||
provided in this subsection (a), a A person sentenced for a | ||
felony may be assigned by the
Department of Corrections to any | ||
of its institutions, facilities or
programs. An offender | ||
sentenced to a term of imprisonment for a Class 3 or 4 felony, | ||
other than a violent crime as defined in Section 3 of the | ||
Rights of Crime Victims and Witnesses Act, in which the | ||
sentencing order indicates that the offender has less than 4 | ||
months remaining on his or her sentence accounting for time | ||
served may not be confined in the penitentiary
system of the | ||
Department of Corrections but may be assigned to electronic |
home detention under Article 8A of this Chapter V, an adult | ||
transition center, or another facility or program within the | ||
Department of Corrections.
| ||
(b) Offenders sentenced to a term of imprisonment for less | ||
than one
year shall be committed to the custody of the sheriff. | ||
A person committed to the
Department of Corrections, prior to | ||
July 14, 1983, for less than one
year may be assigned by the
| ||
Department to any of its institutions, facilities or programs.
| ||
(c) All offenders under 18 years of age when sentenced to | ||
imprisonment
shall be committed to the Department of Juvenile | ||
Justice and the court in its order of commitment shall set a
| ||
definite term. The provisions of Section 3-3-3 shall be a part | ||
of such
commitment as fully as though written in the order of | ||
commitment. The place of confinement for sentences imposed | ||
before the effective date of this amendatory Act of the 99th | ||
General Assembly are not affected or abated by this amendatory | ||
Act of the 99th General Assembly.
| ||
(d) No defendant shall be committed to the Department of | ||
Corrections
for the recovery of a fine or costs.
| ||
(e) When a court sentences a defendant to a term of | ||
imprisonment
concurrent with a previous and unexpired sentence | ||
of imprisonment
imposed by any district court of the United | ||
States, it may commit the
offender to the custody of the | ||
Attorney General of the United States.
The Attorney General of | ||
the United States, or the authorized
representative of the | ||
Attorney General of the United States, shall be
furnished with |
the warrant of commitment from the court imposing
sentence, | ||
which warrant of commitment shall provide that, when the
| ||
offender is released from federal confinement, whether by | ||
parole or by
termination of sentence, the offender shall be | ||
transferred by the
Sheriff of the committing county to the | ||
Department of
Corrections. The
court shall cause the Department | ||
to be notified of such sentence at the
time of commitment and | ||
to be provided with copies of all records
regarding the | ||
sentence.
| ||
(Source: P.A. 99-628, eff. 1-1-17 .)
| ||
(730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
| ||
Sec. 5-8A-2. Definitions. As used in this Article:
| ||
(A) "Approved electronic monitoring device" means a device | ||
approved by
the supervising authority which is primarily | ||
intended to record or transmit
information as to the | ||
defendant's presence or nonpresence in the home, consumption of | ||
alcohol, consumption of drugs, location as determined through | ||
GPS, cellular triangulation, Wi-Fi, or other electronic means.
| ||
An approved electronic monitoring device may record or | ||
transmit: oral or
wire communications or an auditory sound; | ||
visual images; or information
regarding the offender's | ||
activities while inside the offender's home.
These devices are | ||
subject to the required consent as set forth in Section
5-8A-5 | ||
of this Article.
| ||
An approved electronic monitoring device may be used to |
record a
conversation between the participant and the | ||
monitoring device, or the
participant and the person | ||
supervising the participant solely for the
purpose of | ||
identification and not for the purpose of eavesdropping or
| ||
conducting any other illegally intrusive monitoring.
| ||
(A-10) "Department" means the Department of Corrections or | ||
the Department of Juvenile Justice. | ||
(A-20) "Electronic monitoring" means the monitoring of an | ||
inmate, person, or offender with an electronic device both | ||
within and outside of their home under the terms and conditions | ||
established by the supervising authority. | ||
(B) "Excluded offenses" means first degree murder, escape, | ||
predatory
criminal sexual assault of a child, aggravated | ||
criminal sexual assault,
criminal sexual assault, aggravated | ||
battery with a firearm as described in Section 12-4.2 or | ||
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||
12-3.05, bringing or
possessing a firearm, ammunition or | ||
explosive in a penal institution, any
"Super-X" drug offense or | ||
calculated criminal drug conspiracy or streetgang
criminal | ||
drug conspiracy, or any predecessor or successor offenses with | ||
the
same or substantially the same elements, or any inchoate | ||
offenses relating to
the foregoing offenses.
| ||
(B-10) "GPS" means a device or system which utilizes the | ||
Global Positioning Satellite system for determining the | ||
location of a person, inmate or offender. | ||
(C) "Home detention" means the confinement of a person |
convicted or
charged with an offense to his or her place of | ||
residence under the terms
and conditions established by the | ||
supervising authority. Confinement need not be 24 hours per day | ||
to qualify as home detention, and significant restrictions on | ||
liberty such as 7pm to 7am curfews shall qualify. Home | ||
confinement may or may not be accompanied by electronic | ||
monitoring, and electronic monitoring is not required for | ||
purposes of sentencing credit.
| ||
(D) "Participant" means an inmate or offender placed into | ||
an
electronic monitoring program.
| ||
(E) "Supervising authority" means the Department of | ||
Corrections, the Department of Juvenile Justice,
probation | ||
department, a Chief Judge's office, pretrial services division | ||
or department, sheriff, superintendent of
municipal house of | ||
corrections or any other officer or agency charged with
| ||
authorizing and supervising electronic monitoring and home | ||
detention.
| ||
(F) "Super-X drug offense" means a violation of Section | ||
401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | ||
Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), | ||
(C), or (D) of the Illinois Controlled Substances
Act.
| ||
(G) "Wi-Fi" or "WiFi" means a device or system which | ||
utilizes a wireless local area network for determining the | ||
location of a person, inmate or offender. | ||
(Source: P.A. 99-797, eff. 8-12-16.)
|
(730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
| ||
Sec. 5-8A-4. Program description. The supervising | ||
authority may
promulgate rules that prescribe reasonable | ||
guidelines under which an
electronic monitoring and home | ||
detention program shall operate. When using electronic | ||
monitoring for home detention these rules may shall include
but | ||
not be limited to the following:
| ||
(A) The participant may be instructed to shall remain | ||
within the interior premises or within
the property | ||
boundaries of his or her residence at all times during the
| ||
hours designated by the supervising authority. Such | ||
instances of approved
absences from the home shall may | ||
include but are not limited to the following:
| ||
(1) working or employment approved by the court or | ||
traveling to or from
approved employment;
| ||
(2) unemployed and seeking employment approved for | ||
the participant by
the court;
| ||
(3) undergoing medical, psychiatric, mental health | ||
treatment,
counseling, or other treatment programs | ||
approved for the participant by
the court;
| ||
(4) attending an educational institution or a | ||
program approved for the
participant by the court;
| ||
(5) attending a regularly scheduled religious | ||
service at a place of worship;
| ||
(6) participating in community work release or | ||
community service
programs approved for the |
participant by the supervising authority; or
| ||
(7) for another compelling reason consistent with | ||
the public interest,
as approved by the supervising | ||
authority. | ||
(8) purchasing groceries, food, or other basic | ||
necessities.
| ||
(A-1) At a minimum, any person ordered to pretrial home | ||
confinement with or without electronic monitoring must be | ||
provided with open movement spread out over no fewer than | ||
two days per week, to participate in basic activities such | ||
as those listed in paragraph (A). | ||
(B) The participant shall admit any person or agent | ||
designated by the
supervising authority into his or her | ||
residence at any time for
purposes of verifying the | ||
participant's compliance with the conditions of
his or her | ||
detention.
| ||
(C) The participant shall make the necessary | ||
arrangements to allow for
any person or agent designated by | ||
the supervising authority to visit
the participant's place | ||
of education or employment at any time, based upon
the | ||
approval of the educational institution employer or both, | ||
for the
purpose of verifying the participant's compliance | ||
with the conditions of
his or her detention.
| ||
(D) The participant shall acknowledge and participate | ||
with the approved
electronic monitoring device as | ||
designated by the supervising authority
at any time for the |
purpose of verifying the
participant's compliance with the | ||
conditions of his or her detention.
| ||
(E) The participant shall maintain the following:
| ||
(1) access to a working telephone in the | ||
participant's home ;
| ||
(2) a monitoring device in the participant's home, | ||
or on the
participant's person, or both; and
| ||
(3) a monitoring device in the participant's home | ||
and on the
participant's person in the absence of a | ||
telephone.
| ||
(F) The participant shall obtain approval from the | ||
supervising authority
before the participant changes | ||
residence or the schedule
described in subsection (A) of | ||
this Section. Such approval shall not be unreasonably | ||
withheld.
| ||
(G) The participant shall not commit another crime | ||
during the period of
home detention ordered by the Court.
| ||
(H) Notice to the participant that violation of the | ||
order for home
detention may subject the participant to | ||
prosecution for the crime of escape
as described in Section | ||
5-8A-4.1.
| ||
(I) The participant shall abide by other conditions as | ||
set by the
supervising authority.
| ||
(Source: P.A. 99-797, eff. 8-12-16.)
| ||
(730 ILCS 5/5-8A-4.1)
|
Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||
of the
electronic monitoring or home detention program. | ||
(a) A person charged with or convicted of a felony,
or | ||
charged with or adjudicated delinquent for an act which, if | ||
committed by an adult, would constitute a felony, conditionally | ||
released from the supervising authority through an electronic
| ||
monitoring or home detention program, who knowingly violates a | ||
condition of the
electronic
monitoring or home detention | ||
program and remains in violation for at least 48 hours is | ||
guilty of a Class 3 felony.
| ||
(b) A person charged with or convicted of a misdemeanor,
or | ||
charged with or adjudicated delinquent for an act which, if | ||
committed by an adult, would constitute a misdemeanor, | ||
conditionally released from the supervising authority through | ||
an electronic
monitoring or home detention program, who | ||
knowingly violates a condition of the
electronic
monitoring or | ||
home detention program and remains in violation for at least 48 | ||
hours is guilty of a Class B misdemeanor.
| ||
(c) A person who violates this Section while armed with a | ||
dangerous weapon
is guilty of a Class 1 felony.
| ||
(Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
| ||
Section 10-285. The Probation and Probation Officers Act is | ||
amended by changing Section 18 as follows: | ||
(730 ILCS 110/18) |
Sec. 18. Probation and court services departments | ||
considered pretrial services agencies. For the purposes of | ||
administering the provisions of Public Act 95-773, known as the | ||
Cindy Bischof Law, all probation and court services departments | ||
are to be considered pretrial services agencies under the | ||
Pretrial Services Act and under the pretrial release bail bond | ||
provisions of the Code of Criminal Procedure of 1963.
| ||
(Source: P.A. 96-341, eff. 8-11-09.) | ||
Section 10-290. The County Jail Act is amended by changing | ||
Section 5 as follows: | ||
(730 ILCS 125/5) (from Ch. 75, par. 105)
| ||
Sec. 5. Costs of maintaining prisoners. | ||
(a) Except as provided in subsections (b) and (c), all | ||
costs of maintaining persons
committed for violations of | ||
Illinois law, shall be the responsibility of the
county. Except | ||
as provided in subsection (b), all costs of maintaining
persons | ||
committed under any ordinance or resolution of a unit of local
| ||
government, including medical costs, is the responsibility of | ||
the unit of local
government enacting the ordinance or | ||
resolution, and arresting the person.
| ||
(b) If a person who is serving a term of mandatory | ||
supervised release for a felony is incarcerated in a county | ||
jail, the
Illinois Department of Corrections shall pay the | ||
county in which that jail is
located one-half of the cost of |
incarceration, as calculated by the Governor's Office of | ||
Management and Budget and the county's chief financial officer, | ||
for each day
that the person remains in the county jail after | ||
notice of the
incarceration is given to the Illinois Department | ||
of
Corrections by the county, provided that (i) the Illinois
| ||
Department of Corrections has issued a warrant for an alleged
| ||
violation of mandatory supervised release by the person; (ii)
| ||
if the person is incarcerated on a new charge, unrelated to the
| ||
offense for which he or she is on mandatory supervised release,
| ||
there has been a court hearing at which the conditions of | ||
pretrial release have bail has been set on
the new charge; | ||
(iii) the county has notified the Illinois
Department of | ||
Corrections that the person is incarcerated in
the county jail, | ||
which notice shall not be given until the bail
hearing has | ||
concluded, if the person is incarcerated on a new
charge; and | ||
(iv) the person remains incarcerated in the county
jail for | ||
more than 48 hours after the notice has been given to
the | ||
Department of Corrections by the county. Calculation of the per | ||
diem cost
shall be agreed upon prior to the passage of the | ||
annual State budget.
| ||
(c) If a person who is serving a term of mandatory
| ||
supervised release is incarcerated in a county jail, following
| ||
an arrest on a warrant issued by the Illinois Department of
| ||
Corrections, solely for violation of a condition of mandatory
| ||
supervised release and not on any new charges for a new
| ||
offense, then the Illinois Department of Corrections shall pay
|
the medical costs incurred by the county in securing treatment
| ||
for that person, for any injury or condition other than one
| ||
arising out of or in conjunction with the arrest of the person
| ||
or resulting from the conduct of county personnel, while he or
| ||
she remains in the county jail on the warrant issued by the
| ||
Illinois Department of Corrections.
| ||
(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07 .)
| ||
Section 10-295. The County Jail Good Behavior Allowance Act | ||
is amended by changing Section 3 as follows:
| ||
(730 ILCS 130/3) (from Ch. 75, par. 32)
| ||
Sec. 3.
The good behavior of any person who commences a | ||
sentence of
confinement in a county jail for a fixed term of | ||
imprisonment after January 1,
1987 shall entitle such person to | ||
a good behavior allowance, except that: (1) a
person who | ||
inflicted physical harm upon another person in committing the
| ||
offense for which he is confined shall receive no good behavior | ||
allowance; and
(2) a person sentenced for an offense for which | ||
the law provides a mandatory
minimum sentence shall not receive | ||
any portion of a good behavior allowance
that would reduce the | ||
sentence below the mandatory minimum; and (3) a person
| ||
sentenced to a county impact incarceration program; and (4) a | ||
person who is
convicted of criminal sexual assault under | ||
subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of | ||
Section 12-13
of the Criminal Code of 1961 or the Criminal Code |
of 2012, criminal sexual abuse, or aggravated criminal
sexual | ||
abuse shall receive no good
behavior allowance. The good | ||
behavior
allowance provided for in this Section shall not apply | ||
to individuals sentenced
for a felony to probation or | ||
conditional discharge where a condition of such
probation or | ||
conditional discharge is that the individual serve a sentence | ||
of
periodic imprisonment or to individuals sentenced under an | ||
order of court for
civil contempt.
| ||
Such good behavior allowance shall be cumulative and | ||
awarded as
provided in this Section.
| ||
The good behavior allowance rate shall be cumulative and
| ||
awarded on the following basis:
| ||
The prisoner shall receive one day of good behavior | ||
allowance for each
day of service of sentence in the county | ||
jail, and one day of good behavior
allowance for each day of | ||
incarceration in the county jail before sentencing
for the | ||
offense that he or she is currently serving sentence but was | ||
unable to
comply with the conditions of pretrial release post | ||
bail before sentencing, except that a prisoner serving a | ||
sentence of
periodic imprisonment under Section 5-7-1 of the | ||
Unified Code of Corrections
shall only be eligible to receive | ||
good behavior allowance if authorized by the
sentencing judge. | ||
Each day of good behavior allowance shall reduce by one day
the | ||
prisoner's period of incarceration set by the court. For the | ||
purpose of
calculating a prisoner's good behavior allowance, a | ||
fractional part of a day
shall not be calculated as a day of |
service of sentence in the county jail
unless the fractional | ||
part of the day is over 12 hours in which case a whole
day shall | ||
be credited on the good behavior allowance.
| ||
If consecutive sentences are served and the time served | ||
amounts to a
total of one year or more, the good behavior | ||
allowance shall be calculated
on a continuous basis throughout | ||
the entire time served beginning on the
first date of sentence | ||
or incarceration, as the case may be.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||
Section 10-296. The Veterans and Servicemembers Court
| ||
Treatment Act is amended by changing Section 20 as follows: | ||
(730 ILCS 167/20) | ||
Sec. 20. Eligibility. Veterans and Servicemembers are | ||
eligible for Veterans and
Servicemembers Courts, provided the | ||
following:
| ||
(a) A defendant, who is eligible for probation based on the | ||
nature of the crime convicted of and in consideration of his or | ||
her criminal background, if any, may be admitted into a | ||
Veterans and Servicemembers Court program
before adjudication | ||
only upon the agreement of the defendant and with the approval | ||
of the Court.
A defendant may be admitted into a Veterans and | ||
Servicemembers Court program post-adjudication only with the | ||
approval of the court. | ||
(b) A defendant shall be excluded from Veterans and |
Servicemembers Court program if
any of one of the following | ||
applies:
| ||
(1) The crime is a crime of violence as set forth in | ||
clause (3) of this subsection (b). | ||
(2) The defendant does not demonstrate a willingness to | ||
participate in a treatment
program.
| ||
(3) The defendant has been convicted of a crime of | ||
violence within the past 10
years excluding incarceration | ||
time, including first degree murder,
second degree murder, | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal
sexual assault, criminal sexual assault, armed | ||
robbery, aggravated arson, arson,
aggravated kidnapping | ||
and kidnapping, aggravated battery resulting in great | ||
bodily harm
or permanent disability, stalking, aggravated | ||
stalking, or any offense involving the
discharge of a | ||
firearm. | ||
(4) (Blank).
| ||
(5) (Blank). The crime for which the defendant has been | ||
convicted is non-probationable. | ||
(6) The sentence imposed on the defendant, whether the | ||
result of a plea or a finding of guilt, renders the | ||
defendant ineligible for probation.
| ||
(Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18 .) | ||
Section 10-297. The Mental Health Court Treatment Act is | ||
amended by changing Section 20 as follows: |
(730 ILCS 168/20) | ||
Sec. 20. Eligibility. | ||
(a) A defendant, who is eligible for probation based on the | ||
nature of the crime convicted of and in consideration of his or | ||
her criminal background, if any, may be admitted into a mental | ||
health court program only upon the agreement of the defendant | ||
and with the approval of the court. | ||
(b) A defendant shall be excluded from a mental health | ||
court program if any one of the following applies: | ||
(1) The crime is a crime of violence as set forth in | ||
clause (3) of this subsection (b). | ||
(2) The defendant does not demonstrate a willingness to | ||
participate in a treatment program. | ||
(3) The defendant has been convicted of a crime of | ||
violence within the past 10 years excluding incarceration | ||
time. As used in this paragraph (3), "crime of violence" | ||
means: first degree murder, second degree murder, | ||
predatory criminal sexual assault of a child, aggravated | ||
criminal sexual assault, criminal sexual assault, armed | ||
robbery, aggravated arson, arson, aggravated kidnapping, | ||
kidnapping, aggravated battery resulting in great bodily | ||
harm or permanent disability, stalking, aggravated | ||
stalking, or any offense involving the discharge of a | ||
firearm. | ||
(4) (Blank). |
(5) (Blank). The crime for which the defendant has been | ||
convicted is non-probationable. | ||
(6) The sentence imposed on the defendant, whether the | ||
result of a plea or a finding of guilt, renders the | ||
defendant ineligible for probation.
| ||
(c) A defendant charged with prostitution under Section | ||
11-14 of the Criminal Code of 2012 may be admitted into a | ||
mental health court program, if available in the jurisdiction | ||
and provided that the requirements in subsections (a) and (b) | ||
are satisfied. Mental health court programs may include | ||
specialized service programs specifically designed to address | ||
the trauma associated with prostitution and human trafficking, | ||
and may offer those specialized services to defendants admitted | ||
to the mental health court program. Judicial circuits | ||
establishing these specialized programs shall partner with | ||
prostitution and human trafficking advocates, survivors, and | ||
service providers in the development of the programs. | ||
(Source: P.A. 100-426, eff. 1-1-18 .) | ||
Section 10-300. The Code of Civil Procedure is amended by | ||
changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and | ||
21-103 as follows:
| ||
(735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
| ||
Sec. 10-106. Grant of relief - Penalty. Unless it shall | ||
appear from the
complaint itself, or from the
documents thereto |
annexed, that the party can neither be discharged,
admitted to | ||
pretrial release bail nor otherwise relieved, the court shall
| ||
forthwith award relief by habeas corpus. Any judge empowered to | ||
grant relief
by habeas corpus who shall corruptly refuse to | ||
grant
the relief when legally applied for in a case where it | ||
may lawfully be granted, or
who shall for the purpose of | ||
oppression unreasonably delay the granting
of such relief | ||
shall, for every such offense, forfeit to the prisoner or
party | ||
affected a sum not exceeding $1,000.
| ||
(Source: P.A. 83-707.)
| ||
(735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
| ||
Sec. 10-125. New commitment. In all cases where the | ||
imprisonment is
for a criminal, or
supposed criminal matter, if | ||
it appears to the court that there
is sufficient legal cause | ||
for the commitment of the prisoner, although
such commitment | ||
may have been informally made, or without due authority,
or the | ||
process may have been executed by a person not duly authorized,
| ||
the court shall make a new commitment in proper form, and
| ||
direct it to the proper officer, or admit the party to pretrial | ||
release bail if the case
is eligible for pretrial release | ||
bailable . The court shall also, when necessary, take the
| ||
recognizance of all material witnesses against the prisoner, as | ||
in other
cases. The recognizances shall be in the form provided | ||
by law, and
returned as other recognizances. If any judge shall | ||
neglect or refuse to
bind any such prisoner or witness by |
recognizance, or to return a
recognizance when taken as | ||
hereinabove stated, he or she shall be guilty of a
Class A | ||
misdemeanor in office, and be proceeded against accordingly.
| ||
(Source: P.A. 82-280.)
| ||
(735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
| ||
Sec. 10-127. Grant of habeas corpus. It is not lawful for | ||
any court, on a second
order of habeas corpus obtained by such | ||
prisoner, to discharge the prisoner,
if he or she is clearly | ||
and specifically charged in the warrant of
commitment with a | ||
criminal offense; but the court shall,
on the return of such | ||
second order, have power only to admit such
prisoner to | ||
pretrial release bail where the offense is eligible for | ||
pretrial release bailable by law, or remand him or
her to | ||
prison where the offense is not eligible for pretrial release | ||
bailable , or being eligible for pretrial release bailable , | ||
where such
prisoner fails to comply with the terms of pretrial | ||
release give the bail required .
| ||
(Source: P.A. 82-280.)
| ||
(735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
| ||
Sec. 10-135. Habeas corpus to testify. The several courts | ||
having authority
to grant relief by habeas
corpus, may enter | ||
orders, when necessary, to bring before them any
prisoner to | ||
testify, or to be surrendered in discharge of pretrial release | ||
bail , or for
trial upon any criminal charge lawfully pending in |
the same court or to
testify in a criminal proceeding in | ||
another state as provided for by
Section 2 of the "Uniform Act | ||
to secure the attendance of witnesses from
within or without a | ||
state in criminal proceedings", approved July 23,
1959, as | ||
heretofore or hereafter amended; and the order may be directed | ||
to any
county in the State, and there be served and returned by | ||
any officer
to whom it is directed.
| ||
(Source: P.A. 82-280.)
| ||
(735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
| ||
Sec. 10-136. Prisoner remanded or punished. After a | ||
prisoner has given
his or her testimony, or been
surrendered, | ||
or his or her pretrial release bail discharged, or he or she | ||
has been tried
for the crime with which he or she is charged, | ||
he or she shall be returned
to the jail or other place of | ||
confinement from which he or she was taken
for that purpose.
If | ||
such prisoner is convicted of a crime punishable with death
or | ||
imprisonment in the penitentiary, he or she may be punished | ||
accordingly; but
in any case where the prisoner has been taken | ||
from the
penitentiary, and his or her punishment is by | ||
imprisonment, the time of such
imprisonment shall not commence | ||
to run until the expiration of the time
of service under any | ||
former sentence.
| ||
(Source: P.A. 82-280.)
| ||
(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
|
Sec. 21-103. Notice by publication.
| ||
(a) Previous notice shall be given of the intended | ||
application by
publishing a notice thereof in some newspaper | ||
published in the municipality
in which the person resides if | ||
the municipality is in a county with a
population under | ||
2,000,000, or if the person does not reside
in a municipality | ||
in a county with a population under 2,000,000,
or if no | ||
newspaper is published in the municipality or if the person | ||
resides
in a county with a population of 2,000,000 or more, | ||
then in some newspaper
published in the county where the person | ||
resides, or if no newspaper
is published in that county, then | ||
in some convenient newspaper published
in this State. The | ||
notice shall be inserted for 3 consecutive weeks after filing, | ||
the
first insertion to be at least 6 weeks before the return | ||
day upon which
the petition is to be heard, and shall be signed | ||
by the petitioner or, in
case of a minor, the minor's parent or | ||
guardian, and shall set
forth the return day of court on which | ||
the petition is to be heard and the
name sought to be assumed.
| ||
(b) The publication requirement of subsection (a) shall not | ||
be
required in any application for a change of name involving a | ||
minor if,
before making judgment under this Article, reasonable | ||
notice and opportunity
to be heard is given to any parent whose | ||
parental rights have not been
previously terminated and to any | ||
person who has physical custody of the
child. If any of these | ||
persons are outside this State, notice and
opportunity to be | ||
heard shall be given under Section 21-104.
|
(b-3) The publication requirement of subsection (a) shall | ||
not be required in any application for a change of name | ||
involving a person who has received a judgment for dissolution | ||
of marriage or declaration of invalidity of marriage and wishes | ||
to change his or her name to resume the use of his or her former | ||
or maiden name. | ||
(b-5) Upon motion, the court may issue an order directing | ||
that the notice and publication requirement be waived for a | ||
change of name involving a person who files with the court a | ||
written declaration that the person believes that publishing | ||
notice of the name change would put the person at risk of | ||
physical harm or discrimination. The person must provide | ||
evidence to support the claim that publishing notice of the | ||
name change would put the person at risk of physical harm or | ||
discrimination. | ||
(c) The Director of State Police or his or her designee may | ||
apply to the
circuit court
for an order directing that the | ||
notice and publication requirements of
this Section be waived | ||
if the Director or his or her designee certifies that
the name | ||
change being sought is intended to protect a witness during and
| ||
following a criminal investigation or proceeding.
| ||
(c-1) The court may enter a written order waiving the | ||
publication requirement of subsection (a) if: | ||
(i) the petitioner is 18 years of age or older; and | ||
(ii) concurrent with the petition, the petitioner | ||
files with the court a statement, verified under oath as |
provided under Section 1-109 of this Code, attesting that | ||
the petitioner is or has been a person protected under the | ||
Illinois Domestic Violence Act of 1986, the Stalking No | ||
Contact Order Act, the Civil No Contact Order Act, Article | ||
112A of the Code of Criminal Procedure of 1963, a condition | ||
of pretrial release bail under subsections (b) through (d) | ||
of Section 110-10 of the Code of Criminal Procedure of | ||
1963, or a similar provision of a law in another state or | ||
jurisdiction. | ||
The petitioner may attach to the statement any supporting | ||
documents, including relevant court orders. | ||
(c-2) If the petitioner files a statement attesting that | ||
disclosure of the petitioner's address would put the petitioner | ||
or any member of the petitioner's family or household at risk | ||
or reveal the confidential address of a shelter for domestic | ||
violence victims, that address may be omitted from all | ||
documents filed with the court, and the petitioner may | ||
designate an alternative address for service. | ||
(c-3) Court administrators may allow domestic abuse | ||
advocates, rape crisis advocates, and victim advocates to | ||
assist petitioners in the preparation of name changes under | ||
subsection (c-1). | ||
(c-4) If the publication requirements of subsection (a) | ||
have been waived, the circuit court shall enter an order | ||
impounding the case. | ||
(d) The maximum rate charged for publication of a notice |
under this Section may not exceed the lowest classified rate | ||
paid by commercial users for comparable space in the newspaper | ||
in which the notice appears and shall include all cash | ||
discounts, multiple insertion discounts, and similar benefits | ||
extended to the newspaper's regular customers. | ||
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | ||
100-565 for the effective date of P.A. 100-520); 100-788, eff. | ||
1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203, | ||
eff. 1-1-20 .)
| ||
Section 10-305. The Civil No Contact Order Act is amended | ||
by changing Section 220 as follows: | ||
(740 ILCS 22/220) | ||
Sec. 220. Enforcement of a civil no contact order. | ||
(a) Nothing in this Act shall preclude any Illinois court | ||
from enforcing a valid protective order issued in another | ||
state. | ||
(b) Illinois courts may enforce civil no contact orders | ||
through both criminal proceedings and civil contempt | ||
proceedings, unless the action which is second in time is | ||
barred by collateral estoppel or the constitutional | ||
prohibition against double jeopardy. | ||
(b-1) The court shall not hold a school district or private | ||
or non-public school or any of its employees in civil or | ||
criminal contempt unless the school district or private or |
non-public school has been allowed to intervene. | ||
(b-2) The court may hold the parents, guardian, or legal | ||
custodian of a minor respondent in civil or criminal contempt | ||
for a violation of any provision of any order entered under | ||
this Act for conduct of the minor respondent in violation of | ||
this Act if the
parents, guardian, or legal custodian directed, | ||
encouraged, or assisted the respondent minor in such conduct. | ||
(c) Criminal prosecution. A violation of any civil no | ||
contact order, whether issued in a civil or criminal | ||
proceeding, shall be enforced by a criminal court when the | ||
respondent commits the crime of violation of a civil no contact | ||
order pursuant to Section 219 by having knowingly violated: | ||
(1) remedies described in Section 213 and included in a | ||
civil no contact order; or | ||
(2) a provision of an order, which is substantially | ||
similar to provisions of Section 213, in a valid civil no | ||
contact order which is authorized under the laws of another | ||
state, tribe, or United States territory. | ||
Prosecution for a violation of a civil no contact order | ||
shall not bar a concurrent prosecution for any other crime, | ||
including any crime that may have been committed at the time of | ||
the violation of the civil no contact order. | ||
(d) Contempt of court. A violation of any valid Illinois | ||
civil no contact order, whether issued in a civil or criminal | ||
proceeding, may be enforced through civil or criminal contempt | ||
procedures, as appropriate, by any court with jurisdiction, |
regardless of where the act or acts which violated the civil no | ||
contact order were committed, to the extent consistent with the | ||
venue provisions of this Act. | ||
(1) In a contempt proceeding where the petition for a | ||
rule to show cause or petition for adjudication of criminal | ||
contempt sets forth facts evidencing an immediate danger | ||
that the respondent will flee the jurisdiction or inflict | ||
physical abuse on the petitioner or minor children or on | ||
dependent adults in the petitioner's care, the court may | ||
order the attachment of the respondent without prior | ||
service of the petition for a rule to show cause, the rule | ||
to show cause, the petition for adjudication of criminal | ||
contempt or the adjudication of criminal contempt. | ||
Conditions of release Bond shall be set unless specifically | ||
denied in writing. | ||
(2) A petition for a rule to show cause or a petition | ||
for adjudication of criminal contempt for violation of a | ||
civil no contact order shall be treated as an expedited | ||
proceeding. | ||
(e) Actual knowledge. A civil no contact order may be | ||
enforced pursuant to this Section if the respondent violates | ||
the order after the respondent has actual knowledge of its | ||
contents as shown through one of the following means: | ||
(1) by service, delivery, or notice under Section 208; | ||
(2) by notice under Section 218; | ||
(3) by service of a civil no contact order under |
Section 218; or | ||
(4) by other means demonstrating actual knowledge of | ||
the contents of the order. | ||
(f) The enforcement of a civil no contact order in civil or | ||
criminal court shall not be affected by either of the | ||
following: | ||
(1) the existence of a separate, correlative order, | ||
entered under Section 202; or | ||
(2) any finding or order entered in a conjoined | ||
criminal proceeding. | ||
(g) Circumstances. The court, when determining whether or | ||
not a violation of a civil no contact order has occurred, shall | ||
not require physical manifestations of abuse on the person of | ||
the victim. | ||
(h) Penalties. | ||
(1) Except as provided in paragraph (3) of this | ||
subsection, where the court finds the commission of a crime | ||
or contempt of court under subsection (a) or (b) of this | ||
Section, the penalty shall be the penalty that generally | ||
applies in such criminal or contempt proceedings, and may | ||
include one or more of the following: incarceration, | ||
payment of restitution, a fine, payment of attorneys' fees | ||
and costs, or community service. | ||
(2) The court shall hear and take into account evidence | ||
of any factors in aggravation or mitigation before deciding | ||
an appropriate penalty under paragraph (1) of this |
subsection. | ||
(3) To the extent permitted by law, the court is | ||
encouraged to: | ||
(i) increase the penalty for the knowing violation | ||
of any civil no contact order over any penalty | ||
previously imposed by any court for respondent's | ||
violation of any civil no contact order or penal | ||
statute involving petitioner as victim and respondent | ||
as defendant; | ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's first violation of any | ||
civil no contact order; and | ||
(iii) impose a minimum penalty of 48 hours | ||
imprisonment for respondent's second or subsequent | ||
violation of a civil no contact order unless the court | ||
explicitly finds that an increased penalty or that | ||
period of imprisonment would be manifestly unjust. | ||
(4) In addition to any other penalties imposed for a | ||
violation of a civil no contact order, a criminal court may | ||
consider evidence of any previous violations of a civil no | ||
contact order: | ||
(i) to increase, revoke or modify the conditions of | ||
pretrial release bail bond on an underlying criminal | ||
charge pursuant to Section 110-6 of the Code of | ||
Criminal Procedure of 1963; | ||
(ii) to revoke or modify an order of probation, |
conditional discharge or supervision, pursuant to | ||
Section 5-6-4 of the Unified Code of Corrections; or | ||
(iii) to revoke or modify a sentence of periodic | ||
imprisonment, pursuant to Section 5-7-2 of the Unified | ||
Code of Corrections.
| ||
(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.) | ||
Section 10-307. The Crime Victims Compensation Act is | ||
amended by changing Sections 2, 2.5, 4.1, 6.1, and 7.1 as | ||
follows:
| ||
(740 ILCS 45/2) (from Ch. 70, par. 72)
| ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context
otherwise requires:
| ||
(a) "Applicant" means any person who applies for | ||
compensation under this
Act or any person the Court of Claims | ||
or the Attorney General finds is entitled to compensation,
| ||
including the guardian of a minor or of a person under legal | ||
disability. It
includes any person who was a dependent of a | ||
deceased victim of a crime of
violence for his or her support | ||
at the time of the death of that victim.
| ||
The changes made to this subsection by this amendatory Act | ||
of the 101st General Assembly apply to actions commenced or | ||
pending on or after January 1, 2021. | ||
(b) "Court of Claims" means the Court of Claims created by | ||
the Court
of Claims Act.
|
(c) "Crime of violence" means and includes any offense | ||
defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||
10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||
11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||
12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, | ||
12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
| ||
12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or | ||
Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||
1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||
the Cemetery Protection Act, Section 125 of the Stalking No | ||
Contact Order Act, Section 219 of the Civil No Contact Order | ||
Act, driving under
the influence as defined in Section
11-501 | ||
of the Illinois Vehicle Code, a violation of Section 11-401 of | ||
the Illinois Vehicle Code, provided the victim was a pedestrian | ||
or was operating a vehicle moved solely by human power or a | ||
mobility device at the time of contact, and a violation of | ||
Section 11-204.1 of the Illinois Vehicle Code; so long as the | ||
offense did not occur
during a civil riot, insurrection or | ||
rebellion. "Crime of violence" does not
include any other | ||
offense or accident involving a motor vehicle except those
| ||
vehicle offenses specifically provided for in this paragraph. | ||
"Crime of
violence" does include all of the offenses | ||
specifically provided for in this
paragraph that occur within | ||
this State but are subject to federal jurisdiction
and crimes | ||
involving terrorism as defined in 18 U.S.C. 2331.
|
(d) "Victim" means (1) a person killed or injured in this | ||
State as a
result of a crime of violence perpetrated or | ||
attempted against him or her,
(2) the
spouse , or parent , or | ||
child of a person killed or injured in this State as a result | ||
of a crime of
violence perpetrated or attempted against the | ||
person, or anyone living in the household of a person killed or | ||
injured in a relationship that is substantially similar to that | ||
of a parent, spouse, or child, (3) a person killed
or injured | ||
in this State while attempting to assist a person against whom | ||
a
crime of violence is being perpetrated or attempted, if that | ||
attempt of
assistance would be expected of a reasonable person | ||
under the circumstances,
(4) a person killed or injured in this | ||
State while assisting a law
enforcement official apprehend a | ||
person who has perpetrated a crime of
violence or prevent the | ||
perpetration of any such crime if that
assistance was in | ||
response to the express request of the law enforcement
| ||
official, (5) a person who personally
witnessed a violent | ||
crime, (5.05) a person who will be called as a witness by the | ||
prosecution to establish a necessary nexus between the offender | ||
and the violent crime, (5.1) solely
for the purpose of | ||
compensating for pecuniary loss incurred for
psychological | ||
treatment of a mental or emotional condition caused or | ||
aggravated
by the crime, any other person under the age of 18 | ||
who is the brother, sister,
half brother, or half sister , | ||
child, or stepchild
of a person killed or injured in
this State | ||
as a
result of a crime of violence, (6) an Illinois resident
|
who is a victim of a "crime of violence" as defined in this Act | ||
except, if
the crime occurred outside this State, the resident | ||
has the same rights
under this Act as if the crime had occurred | ||
in this State upon a showing
that the state, territory, | ||
country, or political subdivision of a country
in which the | ||
crime occurred does not have a compensation of victims of
| ||
crimes law for which that Illinois resident is eligible, (7) a | ||
deceased person whose body is dismembered or whose remains are | ||
desecrated as the result of a crime of violence, or (8) solely | ||
for the purpose of compensating for pecuniary loss incurred for | ||
psychological treatment of a mental or emotional condition | ||
caused or aggravated by the crime, any parent, spouse, or child | ||
under the age of 18 of a deceased person whose body is | ||
dismembered or whose remains are desecrated as the result of a | ||
crime of violence.
| ||
(e) "Dependent" means a relative of a deceased victim who | ||
was wholly or
partially dependent upon the victim's income at | ||
the time of his or her
death
and shall include the child of a | ||
victim born after his or her death.
| ||
(f) "Relative" means a spouse, parent, grandparent, | ||
stepfather, stepmother,
child, grandchild, brother, | ||
brother-in-law, sister, sister-in-law, half
brother, half | ||
sister, spouse's parent, nephew, niece, uncle , or aunt , or | ||
anyone living in the household of a person killed or injured in | ||
a relationship that is substantially similar to that of a | ||
parent, spouse, or child .
|
(g) "Child" means a an unmarried son or daughter who is | ||
under 18 years of
age and includes a stepchild, an adopted | ||
child or a child born out of wedlock.
| ||
(h) "Pecuniary loss" means, in the case of injury, | ||
appropriate medical
expenses and hospital expenses including | ||
expenses of medical
examinations, rehabilitation, medically | ||
required
nursing care expenses, appropriate
psychiatric care | ||
or psychiatric counseling expenses, appropriate expenses for | ||
care or
counseling by a licensed clinical psychologist, | ||
licensed clinical social
worker, licensed professional | ||
counselor, or licensed clinical professional counselor and | ||
expenses for treatment by Christian Science practitioners and
| ||
nursing care appropriate thereto; transportation expenses to | ||
and from medical and counseling treatment facilities; | ||
prosthetic appliances, eyeglasses, and
hearing aids necessary | ||
or damaged as a result of the
crime; costs associated with | ||
trafficking tattoo removal by a person authorized or licensed | ||
to perform the specific removal procedure; replacement costs | ||
for clothing and bedding used as evidence; costs
associated | ||
with temporary lodging or relocation necessary as a
result of | ||
the crime, including, but not limited to, the first month's | ||
rent and security deposit of the dwelling that the claimant | ||
relocated to and other reasonable relocation expenses incurred | ||
as a result of the violent crime;
locks or windows necessary or | ||
damaged as a result of the crime; the purchase,
lease, or | ||
rental of equipment necessary to create usability of and
|
accessibility to the victim's real and personal property, or | ||
the real and
personal property which is used by the victim, | ||
necessary as a result of the
crime; the costs of appropriate | ||
crime scene clean-up;
replacement
services loss, to a maximum | ||
of $1,250 per month;
dependents replacement
services loss, to a | ||
maximum of $1,250 per month; loss of tuition paid to
attend | ||
grammar school or high school when the victim had been enrolled | ||
as a
student prior to the injury, or college or graduate school | ||
when
the victim had been enrolled as a day or night student | ||
prior to
the injury when the victim becomes unable to continue | ||
attendance at school
as a result of the crime of violence | ||
perpetrated against him or her; loss
of
earnings, loss of | ||
future earnings because of disability resulting from the
| ||
injury, and, in addition, in the case of death, expenses for | ||
funeral, burial, and travel and transport for survivors
of | ||
homicide victims to secure bodies of deceased victims and to | ||
transport
bodies for burial all of which
may be awarded up to | ||
not exceed a maximum of $10,000 $7,500 and loss of support of | ||
the dependents of
the victim; in the case of dismemberment or | ||
desecration of a body, expenses for funeral and burial, all of | ||
which may be awarded up to not exceed a maximum of $10,000 | ||
$7,500 .
Loss of future earnings shall be reduced by any income | ||
from substitute work
actually performed by the victim or by | ||
income he or she would have earned
in
available appropriate | ||
substitute work he or she was capable of performing
but
| ||
unreasonably failed to undertake. Loss of earnings, loss of |
future
earnings and loss of support shall be determined on the | ||
basis of the
victim's average net monthly earnings for the 6 | ||
months immediately
preceding the date of the injury or on | ||
$2,400 $1,250 per month, whichever is less or, in cases where | ||
the absences commenced more than 3 years from the date of the | ||
crime, on the basis of the net monthly earnings for the 6 | ||
months immediately preceding the date of the first absence, not | ||
to exceed $2,400 $1,250 per month.
If a divorced or legally | ||
separated applicant is claiming loss of support
for a minor | ||
child of the deceased, the amount of support for each child
| ||
shall be based either on the amount of support
pursuant to the | ||
judgment prior to the date of the deceased
victim's injury or | ||
death, or, if the subject of pending litigation filed by
or on | ||
behalf of the divorced or legally separated applicant prior to | ||
the
injury or death, on the result of that litigation. Real and | ||
personal
property includes, but is not limited to, vehicles, | ||
houses, apartments,
town houses, or condominiums. Pecuniary | ||
loss does not
include pain and suffering or property loss or | ||
damage.
| ||
The changes made to this subsection by this amendatory Act | ||
of the 101st General Assembly apply to actions commenced or | ||
pending on or after January 1, 2021. | ||
(i) "Replacement services loss" means expenses reasonably | ||
incurred in
obtaining ordinary and necessary services in lieu | ||
of those the
injured person would have performed, not for | ||
income, but for the benefit
of himself or herself or his or her |
family, if he or she had not
been injured.
| ||
(j) "Dependents replacement services loss" means loss | ||
reasonably incurred
by dependents or private legal guardians of | ||
minor dependents after a victim's death in obtaining ordinary | ||
and necessary
services in lieu of those the victim would have | ||
performed, not for income,
but for their benefit, if he or she | ||
had not been fatally injured.
| ||
(k) "Survivor" means immediate family including a parent, | ||
stepfather, stepmother, child,
brother, sister, or spouse.
| ||
(l) "Parent" means a natural parent, adopted parent, | ||
stepparent, or permanent legal guardian of another person. | ||
(m) "Trafficking tattoo" is a tattoo which is applied to a | ||
victim in connection with the commission of a violation of | ||
Section 10-9 of the Criminal Code of 2012. | ||
(Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||
(740 ILCS 45/2.5)
| ||
Sec. 2.5. Felon as victim. A victim's criminal history or | ||
felony status shall not automatically prevent compensation to | ||
that victim or the victim's family. However, no compensation | ||
may be granted to a victim or applicant under this Act while | ||
the applicant or victim is held in a correctional institution. | ||
Notwithstanding paragraph (d) of Section 2,
"victim" does not
| ||
include a person who is convicted of a felony until that person | ||
is discharged
from
probation or is released from a correctional | ||
institution and has been
discharged from parole or mandatory |
supervised release, if any.
For purposes of this Section, the | ||
death of a felon who is serving a term of parole, probation, or | ||
mandatory supervised release shall be considered a discharge | ||
from that sentence. No compensation may be granted to an | ||
applicant under this Act
during a period
of time that the | ||
applicant is held in a correctional institution.
| ||
A victim who has been convicted of a felony may apply for | ||
assistance
under this Act at any time but no award of | ||
compensation may be considered
until the applicant meets the | ||
requirements of this Section.
| ||
The changes made to this Section by this amendatory Act of | ||
the 96th General Assembly apply to actions commenced or pending | ||
on or after the effective date of this amendatory Act of the | ||
96th General Assembly. | ||
(Source: P.A. 96-267, eff. 8-11-09.)
| ||
(740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
| ||
Sec. 4.1.
In addition to other powers and duties set forth | ||
in this Act
and other powers exercised by the Attorney General, | ||
the Attorney General
shall : | ||
(1) investigate all claims and prepare and present an | ||
investigatory report and a draft award determination a | ||
report of each
applicant's claim to the Court of Claims for | ||
a review period of 28 business days; prior to the issuance | ||
of an order
by the Court of Claims, | ||
(2) upon conclusion of the review by the Court of |
Claims, provide the applicant with a compensation | ||
determination letter; | ||
(3) prescribe and furnish all applications and other | ||
forms required to be filed in the office
of the Attorney | ||
General by the terms of this Act ; , and | ||
(4) represent the interests
of the State of Illinois in | ||
any hearing before the Court of Claims.
| ||
The changes made to this Section by this amendatory Act of | ||
the 101st General Assembly apply to actions commenced or | ||
pending on or after January 1, 2021. | ||
(Source: P.A. 97-817, eff. 1-1-13.)
| ||
(740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| ||
Sec. 6.1. Right to compensation. A person is entitled to | ||
compensation
under this Act if:
| ||
(a) Within 5 2 years of the occurrence of the crime, or | ||
within one year after a criminal charge of a person for an | ||
offense, upon
which the claim
is based, the applicant | ||
presents he files an application, under oath, to the | ||
Attorney General that is filed with the Court of Claims and
| ||
on a form prescribed in accordance with Section 7.1 | ||
furnished by the
Attorney General. If the person entitled | ||
to compensation is under 18 years
of age or under other | ||
legal disability at the time of the occurrence or
is | ||
determined by a court to be under a legal disability as a | ||
result of the occurrence, he or she may present file the
|
application required by this subsection within 3 2 years | ||
after
he or she attains
the age of 18 years or the | ||
disability is removed, as the case may be. Legal disability | ||
includes a diagnosis of posttraumatic stress disorder.
| ||
(a-1) The Attorney General and the Court of Claims may | ||
accept an application presented after the period provided | ||
in subsection (a) if the Attorney General determines that | ||
the applicant had good cause for a delay. | ||
(b) For all crimes of violence, except those listed in | ||
subsection (b-1) of this Section, the appropriate law | ||
enforcement officials were notified within
72 hours of the | ||
perpetration of the crime allegedly causing the death or
| ||
injury to the victim or, in the event such notification was | ||
made more
than 72 hours after the perpetration of the | ||
crime, the applicant
establishes that such notice was | ||
timely under the circumstances.
| ||
(b-1) For victims of offenses defined in Sections 10-9, | ||
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, the appropriate law enforcement | ||
officials were notified within 7 days of the perpetration | ||
of the crime allegedly causing death or injury to the | ||
victim or, in the event that the notification was made more | ||
than 7 days after the perpetration of the crime, the | ||
applicant establishes that the notice was timely under the | ||
circumstances.
If the applicant or victim has obtained an |
order of protection, a civil no contact order, or a | ||
stalking no contact order, has presented himself or herself | ||
to a hospital for medical care or sexual assault evidence | ||
collection and medical care , or is engaged in a legal | ||
proceeding involving a claim that the applicant or victim | ||
is a victim of human trafficking, such action shall | ||
constitute appropriate notification under this subsection | ||
(b-1) or subsection (b) of this Section. | ||
(c) The applicant has cooperated with law enforcement
| ||
officials in the apprehension and prosecution of the | ||
assailant. If the applicant or victim has obtained an order | ||
of protection, a civil no contact order, or a stalking no | ||
contact order, has presented himself or herself to a | ||
hospital for medical care or sexual assault evidence | ||
collection and medical care , or is engaged in a legal | ||
proceeding involving a claim that the applicant or victim | ||
is a victim of human trafficking, such action shall | ||
constitute cooperation under this subsection (c). If the | ||
victim is under 18 years of age at the time of the | ||
commission of the offense, the following shall constitute | ||
cooperation under this subsection (c):
| ||
(1) the applicant or the victim files a police | ||
report with a law enforcement agency; | ||
(2) a mandated reporter reports the crime to law | ||
enforcement; or | ||
(3) a person with firsthand knowledge of the crime |
reports the crime to law enforcement. | ||
(d) The applicant is not the offender or an accomplice | ||
of the offender
and the award would not unjustly benefit | ||
the offender or his accomplice.
| ||
(e) (Blank). The injury to or death of the victim was | ||
not substantially attributable
to his own wrongful act and | ||
was not substantially provoked by the victim.
| ||
(f) For victims of offenses defined in Section 10-9 of | ||
the Criminal Code of 2012, the victim submits a statement | ||
under oath on a form prescribed by the Attorney General | ||
attesting that the removed tattoo was applied in connection | ||
with the commission of the offense. | ||
(g) In determining whether cooperation has been | ||
reasonable, the Attorney General and Court of Claims may | ||
consider the victim's age, physical condition, | ||
psychological state, cultural or linguistic barriers, and | ||
compelling health and safety concerns, including, but not | ||
limited to, a reasonable fear of retaliation or harm that | ||
would jeopardize the well-being of the victim or the | ||
victim's family, and giving due consideration to the degree | ||
of cooperation that the victim or derivative victim is | ||
capable of in light of the presence of any of these | ||
factors, or any other factor the Attorney General considers | ||
relevant. | ||
The changes made to this Section by this amendatory Act of | ||
the 101st General Assembly apply to actions commenced or |
pending on or after January 1, 2021. | ||
(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18; | ||
100-1037, eff. 1-1-19 .)
| ||
(740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
| ||
Sec. 7.1. (a) The application shall set out:
| ||
(1) the name and address of the victim;
| ||
(2) if the victim is deceased, the name and address of | ||
the applicant
and his or her relationship to the victim, | ||
the names and addresses of other
persons dependent on the | ||
victim for their support and the extent to
which each is so | ||
dependent, and other persons who may be entitled to
| ||
compensation for a pecuniary loss;
| ||
(3) the date and nature of the crime on which the | ||
application for
compensation is based;
| ||
(4) the date and place where and the law enforcement | ||
officials to
whom notification of the crime was given;
| ||
(5) the nature and extent of the injuries sustained by | ||
the victim,
and the names and addresses of those giving | ||
medical and hospitalization
treatment to the victim;
| ||
(6) the pecuniary loss to the applicant and to such | ||
other persons as
are specified under item (2) resulting | ||
from the injury or death;
| ||
(7) the amount of benefits, payments, or awards, if | ||
any, payable
under:
| ||
(a) the Workers' Compensation Act,
|
(b) the Dram Shop Act,
| ||
(c) any claim, demand, or cause of action based | ||
upon the
crime-related injury or death,
| ||
(d) the Federal Medicare program,
| ||
(e) the State Public Aid program,
| ||
(f) Social Security Administration burial | ||
benefits,
| ||
(g) Veterans administration burial benefits,
| ||
(h) life, health, accident or liability insurance,
| ||
(i) the Criminal Victims' Escrow Account Act,
| ||
(j) the Sexual Assault Survivors Emergency | ||
Treatment Act, | ||
(k) restitution, or | ||
(l) any other source;
| ||
(8) releases authorizing the surrender to the Court of | ||
Claims or
Attorney General of reports, documents and other | ||
information relating to
the matters specified under this | ||
Act and rules promulgated in accordance
with the Act;
| ||
(9) such other information as the Court of Claims or | ||
the Attorney
General reasonably requires.
| ||
(b) The Attorney General may require that materials | ||
substantiating
the facts stated in the application be submitted | ||
with that application.
| ||
(c) An applicant, on his or her own motion, may file an | ||
amended application
or additional substantiating materials to | ||
correct inadvertent errors or
omissions at any time before the |
original application has been disposed
of by the Court of | ||
Claims or the Attorney General . In either case, the filing of | ||
additional
information or of an amended application shall be | ||
considered for the
purpose of this Act to have been filed at | ||
the same time as the original
application.
| ||
For claims submitted on or after January 1, 2021, an | ||
amended application or additional substantiating materials to | ||
correct inadvertent errors or omissions may be filed at any | ||
time before the original application is disposed of by the | ||
Attorney General or the Court of Claims. | ||
(d) Determinations submitted by the Attorney General to the | ||
Court of Claims shall be available to the Court of Claims for | ||
review. The Attorney General shall provide the sources and | ||
evidence relied upon as a basis for a compensation | ||
determination. | ||
(e) The changes made to this Section by this amendatory Act | ||
of the 101st General Assembly apply to actions commenced or | ||
pending on or after January 1, 2021. | ||
(Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13.)
| ||
Section 10-310. The Illinois Domestic Violence Act of 1986 | ||
is amended by changing Sections 223 and 301 as follows:
| ||
(750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||
Sec. 223. Enforcement of orders of protection.
| ||
(a) When violation is crime. A violation of any order of |
protection,
whether issued in a civil or criminal proceeding, | ||
shall be enforced
by a
criminal court when:
| ||
(1) The respondent commits the crime of violation of an | ||
order of
protection pursuant to Section 12-3.4 or 12-30 of | ||
the Criminal Code of
1961 or the Criminal Code of 2012, by
| ||
having knowingly violated:
| ||
(i) remedies described in paragraphs (1), (2), | ||
(3), (14),
or (14.5) of
subsection (b) of Section 214 | ||
of this Act; or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized under paragraphs (1), (2), | ||
(3), (14), and (14.5) of subsection (b)
of Section 214 | ||
of this Act, in a valid order of protection which is | ||
authorized
under the laws of another state, tribe, or | ||
United States territory; or
| ||
(iii) any other remedy when the act
constitutes a | ||
crime against the protected parties as defined by the
| ||
Criminal Code of 1961 or the Criminal Code of 2012.
| ||
Prosecution for a violation of an order of
protection | ||
shall not bar concurrent prosecution for any other crime,
| ||
including any crime that may have been committed at the | ||
time of the
violation of the order of protection; or
| ||
(2) The respondent commits the crime of child abduction | ||
pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, by having knowingly violated:
| ||
(i) remedies described in paragraphs (5), (6) or |
(8) of subsection
(b) of
Section 214 of this Act; or
| ||
(ii) a remedy, which is substantially similar to | ||
the remedies
authorized under paragraphs (5), (6), or | ||
(8) of subsection (b) of Section 214
of this Act, in a | ||
valid order of protection which is authorized under the | ||
laws
of another state, tribe, or United States | ||
territory.
| ||
(b) When violation is contempt of court. A violation of any | ||
valid
Illinois order of protection, whether issued in a civil | ||
or criminal
proceeding, may be enforced through civil or | ||
criminal contempt procedures,
as appropriate, by any court with | ||
jurisdiction, regardless where the act or
acts which violated | ||
the order of protection were committed, to the extent
| ||
consistent with the venue provisions of this Act. Nothing in | ||
this Act
shall preclude any Illinois court from enforcing any | ||
valid order of
protection issued in another state. Illinois | ||
courts may enforce orders of
protection through both criminal | ||
prosecution and contempt proceedings,
unless the action which | ||
is second in time is barred by collateral estoppel
or the | ||
constitutional prohibition against double jeopardy.
| ||
(1) In a contempt proceeding where the petition for a | ||
rule to show
cause sets forth facts evidencing an immediate | ||
danger that the
respondent will flee the jurisdiction, | ||
conceal a child, or inflict physical
abuse on the | ||
petitioner or minor children or on dependent adults in
| ||
petitioner's care, the court may order the
attachment of |
the respondent without prior service of the rule to show
| ||
cause or the petition for a rule to show cause. Conditions | ||
of release Bond shall be set unless
specifically denied in | ||
writing.
| ||
(2) A petition for a rule to show cause for violation | ||
of an order of
protection shall be treated as an expedited | ||
proceeding.
| ||
(b-1) The court shall not hold a school district or private | ||
or non-public school or any of its employees in civil or | ||
criminal contempt unless the school district or private or | ||
non-public school has been allowed to intervene. | ||
(b-2) The court may hold the parents, guardian, or legal | ||
custodian of a minor respondent in civil or criminal contempt | ||
for a violation of any provision of any order entered under | ||
this Act for conduct of the minor respondent in violation of | ||
this Act if the
parents, guardian, or legal custodian directed, | ||
encouraged, or assisted the respondent minor in such conduct. | ||
(c) Violation of custody or support orders or temporary or | ||
final judgments allocating parental responsibilities. A | ||
violation of remedies
described in paragraphs (5), (6), (8), or | ||
(9) of subsection (b) of Section
214 of this Act may be | ||
enforced by any remedy provided by Section 607.5 of
the | ||
Illinois Marriage and Dissolution of Marriage Act. The court | ||
may
enforce any order for support issued under paragraph (12) | ||
of subsection (b)
of Section 214 in the manner provided for | ||
under Parts V and VII of the
Illinois Marriage and Dissolution |
of Marriage Act.
| ||
(d) Actual knowledge. An order of protection may be | ||
enforced pursuant to
this Section if the respondent violates | ||
the order after the
respondent has
actual knowledge of its | ||
contents as shown through one of the following means:
| ||
(1) By service, delivery, or notice under Section 210.
| ||
(2) By notice under Section 210.1 or 211.
| ||
(3) By service of an order of protection under Section | ||
222.
| ||
(4) By other means demonstrating actual knowledge of | ||
the contents of the
order.
| ||
(e) The enforcement of an order of protection in civil or | ||
criminal court
shall not be affected by either of the | ||
following:
| ||
(1) The existence of a separate, correlative order, | ||
entered under Section
215.
| ||
(2) Any finding or order entered in a conjoined | ||
criminal proceeding.
| ||
(f) Circumstances. The court, when determining whether or | ||
not a
violation of an order of protection has occurred, shall | ||
not require
physical manifestations of abuse on the person of | ||
the victim.
| ||
(g) Penalties.
| ||
(1) Except as provided in paragraph (3) of this
| ||
subsection, where the court finds the commission of a crime | ||
or contempt of
court under subsections (a) or (b) of this |
Section, the penalty shall be
the penalty that generally | ||
applies in such criminal or contempt
proceedings, and may | ||
include one or more of the following: incarceration,
| ||
payment of restitution, a fine, payment of attorneys' fees | ||
and costs, or
community service.
| ||
(2) The court shall hear and take into account evidence | ||
of any factors
in aggravation or mitigation before deciding | ||
an appropriate penalty under
paragraph (1) of this | ||
subsection.
| ||
(3) To the extent permitted by law, the court is | ||
encouraged to:
| ||
(i) increase the penalty for the knowing violation | ||
of
any order of protection over any penalty previously | ||
imposed by any court
for respondent's violation of any | ||
order of protection or penal statute
involving | ||
petitioner as victim and respondent as defendant;
| ||
(ii) impose a minimum penalty of 24 hours | ||
imprisonment for respondent's
first violation of any | ||
order of protection; and
| ||
(iii) impose a minimum penalty of 48 hours | ||
imprisonment for
respondent's second or subsequent | ||
violation of an order of protection
| ||
unless the court explicitly finds that an increased penalty | ||
or that
period of imprisonment would be manifestly unjust.
| ||
(4) In addition to any other penalties imposed for a | ||
violation of an
order of protection, a criminal court may |
consider evidence of any
violations of an order of | ||
protection:
| ||
(i) to increase, revoke or modify the conditions of | ||
pretrial release bail bond on an underlying
criminal | ||
charge pursuant to Section 110-6 of the Code of | ||
Criminal Procedure
of 1963;
| ||
(ii) to revoke or modify an order of probation, | ||
conditional discharge or
supervision, pursuant to | ||
Section 5-6-4 of the Unified Code of Corrections;
| ||
(iii) to revoke or modify a sentence of periodic | ||
imprisonment,
pursuant to Section 5-7-2 of the Unified | ||
Code of Corrections.
| ||
(5) In addition to any other penalties, the court shall | ||
impose an
additional fine of $20 as authorized by Section | ||
5-9-1.11 of the Unified Code of
Corrections upon any person | ||
convicted of or placed on supervision for a
violation of an | ||
order of protection.
The additional fine shall be imposed | ||
for each violation of this Section.
| ||
(Source: P.A. 99-90, eff. 1-1-16 .)
| ||
(750 ILCS 60/301) (from Ch. 40, par. 2313-1)
| ||
Sec. 301. Arrest without warrant.
| ||
(a) Any law enforcement officer may
make an arrest without
| ||
warrant if the officer has probable cause to believe that the | ||
person has
committed or is committing any crime, including but | ||
not limited to
violation of an order of protection, under |
Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||
Criminal Code of 2012, even if the crime was not committed in | ||
the presence of the
officer.
| ||
(b) The law enforcement officer may verify the existence of | ||
an order of
protection by telephone or radio communication with | ||
his or her law enforcement
agency or by referring to the copy | ||
of the order provided by the petitioner
or respondent.
| ||
(c) Any law enforcement officer may make an arrest without | ||
warrant if the
officer has reasonable grounds to believe a | ||
defendant at liberty under
the provisions of subdivision (d)(1) | ||
or (d)(2) of Section 110-10 of the Code of
Criminal Procedure | ||
of 1963 has violated a condition of
his or her pretrial release | ||
bail bond or recognizance.
| ||
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||
Section 10-315. The Industrial and Linen Supplies Marking | ||
Law is amended by changing Section 11 as follows:
| ||
(765 ILCS 1045/11) (from Ch. 140, par. 111)
| ||
Sec. 11.
Search
warrant.
| ||
Whenever the registrant, or officer, or authorized agent of | ||
any firm,
partnership or corporation which is a registrant | ||
under this Act, takes an
oath before any circuit court, that he | ||
has reason to believe that any
supplies are being unlawfully | ||
used, sold, or secreted in any place, the
court shall issue a | ||
search warrant to any police officer authorizing such
officer |
to search the premises wherein it is alleged such articles may | ||
be
found and take into custody any person in whose possession | ||
the articles are
found. Any person so seized shall be taken | ||
without unnecessary delay before
the court issuing the search | ||
warrant. The court is empowered to impose conditions of | ||
pretrial release bail
on any such person to compel his | ||
attendance at any continued hearing.
| ||
(Source: P.A. 77-1273.)
| ||
Section 10-320. The Illinois Torture Inquiry and Relief | ||
Commission Act is amended by changing Section 50 as follows: | ||
(775 ILCS 40/50)
| ||
Sec. 50. Post-commission judicial review. | ||
(a) If the Commission concludes there is sufficient
| ||
evidence of torture to merit judicial review, the Chair of the
| ||
Commission shall request the Chief Judge of the Circuit Court
| ||
of Cook County for assignment to a trial judge for
| ||
consideration. The court may receive proof by affidavits,
| ||
depositions, oral testimony, or other evidence. In its
| ||
discretion the court may order the petitioner brought before
| ||
the court for the hearing. Notwithstanding the status of any | ||
other postconviction proceedings relating to the petitioner, | ||
if the court finds in favor of the
petitioner, it shall enter | ||
an appropriate order with respect to
the judgment or sentence | ||
in the former proceedings and such
supplementary orders as to |
rearraignment, retrial, custody,
pretrial release bail or | ||
discharge, or for such relief as may be granted under a | ||
petition for a certificate of innocence, as may be necessary | ||
and proper. | ||
(b) The State's Attorney, or the State's Attorney's
| ||
designee, shall represent the State at the hearing before the
| ||
assigned judge.
| ||
(Source: P.A. 96-223, eff. 8-10-09.) | ||
Section 10-325. The Unemployment Insurance Act is amended | ||
by changing Section 602 as follows:
| ||
(820 ILCS 405/602) (from Ch. 48, par. 432)
| ||
Sec. 602. Discharge for misconduct - Felony. | ||
A. An individual shall be
ineligible for benefits for the | ||
week in which he has been discharged for
misconduct connected | ||
with his work and, thereafter, until he has become
reemployed | ||
and has had earnings equal to or in excess of his current | ||
weekly
benefit amount in each of four calendar weeks
which are | ||
either for services in employment, or have been or will be | ||
reported
pursuant to the provisions of the Federal Insurance | ||
Contributions Act by
each employing unit for which such | ||
services are performed and which submits
a statement certifying | ||
to that fact.
The requalification requirements of the preceding | ||
sentence shall be
deemed to have been satisfied, as of the date | ||
of reinstatement, if,
subsequent to his discharge by an |
employing unit for misconduct connected
with his work, such | ||
individual is reinstated by such employing unit. For
purposes | ||
of this subsection, the term "misconduct" means the deliberate | ||
and
willful violation of a reasonable rule or policy of the | ||
employing unit,
governing the individual's behavior in | ||
performance of his work, provided
such violation has harmed the | ||
employing unit or other employees or has been
repeated by the | ||
individual despite a warning or other explicit instruction
from | ||
the employing unit. The previous definition notwithstanding, | ||
"misconduct" shall include any of the following work-related | ||
circumstances: | ||
1. Falsification of an employment application, or any | ||
other documentation provided to the employer, to obtain | ||
employment through subterfuge. | ||
2. Failure to maintain licenses, registrations, and | ||
certifications reasonably required by the employer, or | ||
those that the individual is required to possess by law, to | ||
perform his or her regular job duties, unless the failure | ||
is not within the control of the individual. | ||
3. Knowing, repeated violation of the attendance | ||
policies of the employer that are in compliance with State | ||
and federal law following a written warning for an | ||
attendance violation, unless the individual can | ||
demonstrate that he or she has made a reasonable effort to | ||
remedy the reason or reasons for the violations or that the | ||
reason or reasons for the violations were out of the |
individual's control. Attendance policies of the employer | ||
shall be reasonable and provided to the individual in | ||
writing, electronically, or via posting in the workplace. | ||
4. Damaging the employer's property through conduct | ||
that is grossly negligent. | ||
5. Refusal to obey an employer's reasonable and lawful | ||
instruction, unless the refusal is due to the lack of | ||
ability, skills, or training for the individual required to | ||
obey the instruction or the instruction would result in an | ||
unsafe act. | ||
6. Consuming alcohol or illegal or non-prescribed | ||
prescription drugs, or using an impairing substance in an | ||
off-label manner, on the employer's premises during | ||
working hours in violation of the employer's policies. | ||
7. Reporting to work under the influence of alcohol, | ||
illegal or non-prescribed prescription drugs, or an | ||
impairing substance used in an off-label manner in | ||
violation of the employer's policies, unless the | ||
individual is compelled to report to work by the employer | ||
outside of scheduled and on-call working hours and informs | ||
the employer that he or she is under the influence of | ||
alcohol, illegal or non-prescribed prescription drugs, or | ||
an impairing substance used in an off-label manner in | ||
violation of the employer's policies.
| ||
8. Grossly negligent conduct endangering the safety of | ||
the individual or co-workers. |
For purposes of paragraphs 4 and 8, conduct is "grossly | ||
negligent" when the individual is, or reasonably should be, | ||
aware of a substantial risk that the conduct will result in the | ||
harm sought to be prevented and the conduct constitutes a | ||
substantial deviation from the standard of care a reasonable | ||
person would exercise in the situation. | ||
Nothing in paragraph 6 or 7 prohibits the lawful use of | ||
over-the-counter drug products as defined in Section 206 of the | ||
Illinois Controlled Substances Act, provided that the | ||
medication does not affect the safe performance of the | ||
employee's work duties. | ||
B. Notwithstanding any other provision of this Act, no | ||
benefit
rights shall accrue to any individual based upon wages | ||
from any employer
for service rendered prior to the day upon | ||
which such individual was
discharged because of the commission | ||
of a felony in connection with his
work, or because of theft in | ||
connection with his work, for which the
employer was in no way | ||
responsible; provided, that the employer notified
the Director | ||
of such possible ineligibility within the time limits
specified | ||
by regulations of the Director, and that the individual has
| ||
admitted his commission of the felony or theft to a | ||
representative of
the Director, or has signed a written | ||
admission of such act and such
written admission has been | ||
presented to a representative of the
Director, or such act has | ||
resulted in a conviction or order of
supervision by a court of
| ||
competent jurisdiction; and provided further, that if by reason |
of such
act, he is in legal custody, held on pretrial release | ||
bail or is a fugitive from justice,
the determination of his | ||
benefit rights shall be held in abeyance
pending the result of | ||
any legal proceedings arising therefrom.
| ||
(Source: P.A. 99-488, eff. 1-3-16.)
| ||
Article 15. | ||
Pregnant Prisoner Rights | ||
Section 15-5. The Counties Code is amended by changing | ||
3-15003.6 and by adding Sections 3-15003.7, 3-15003.8, | ||
3-15003.9, and 3-15003.10 as follows:
| ||
(55 ILCS 5/3-15003.6)
| ||
Sec. 3-15003.6. Pregnant female prisoners. | ||
(a) Definitions. For the purpose of this Section and | ||
Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10 : | ||
(1) "Restraints" means any physical restraint or | ||
mechanical device used to control the movement of a | ||
prisoner's body or limbs, or both, including, but not | ||
limited to, flex cuffs, soft restraints, hard metal | ||
handcuffs, a black box, Chubb cuffs, leg irons, belly | ||
chains, a security (tether) chain, or a convex shield, or | ||
shackles of any kind. | ||
(2) "Labor" means the period of time before a birth and | ||
shall include any medical condition in which a woman is |
sent or brought to the hospital for the purpose of | ||
delivering her baby. These situations include: induction | ||
of labor, prodromal labor, pre-term labor, prelabor | ||
rupture of membranes, the 3 stages of active labor, uterine | ||
hemorrhage during the third trimester of pregnancy, and | ||
caesarian delivery including pre-operative preparation. | ||
(3) "Post-partum" means, as determined by her | ||
physician, advanced practice registered nurse, or | ||
physician assistant, the period immediately following | ||
delivery, including the entire period a woman is in the | ||
hospital or infirmary after birth. | ||
(4) "Correctional institution" means any entity under | ||
the authority of a county law enforcement division of a | ||
county of more than 3,000,000 inhabitants that has the | ||
power to detain or restrain, or both, a person under the | ||
laws of the State. | ||
(5) "Corrections official" means the official that is | ||
responsible for oversight of a correctional institution, | ||
or his or her designee. | ||
(6) "Prisoner" means any person incarcerated or | ||
detained in any facility who is accused of, convicted of, | ||
sentenced for, or adjudicated delinquent for, violations | ||
of criminal law or the terms and conditions of parole, | ||
probation, pretrial release, or diversionary program, and | ||
any person detained under the immigration laws of the | ||
United States at any correctional facility. |
(7) "Extraordinary circumstance" means an | ||
extraordinary medical or security circumstance, including | ||
a substantial flight risk, that dictates restraints be used | ||
to ensure the safety and security of the prisoner, the | ||
staff of the correctional institution or medical facility, | ||
other prisoners, or the public. | ||
(b) A county department of corrections shall not apply | ||
security restraints to a prisoner that has been determined by a | ||
qualified medical professional to be pregnant and is known by | ||
the county department of corrections to be pregnant or in | ||
postpartum recovery, which is the entire period a woman is in | ||
the medical facility after birth, unless the corrections | ||
official makes an individualized determination that the | ||
prisoner presents a substantial flight risk or some other | ||
extraordinary circumstance that dictates security restraints | ||
be used to ensure the safety and security of the prisoner, her | ||
child or unborn child, the staff of the county department of | ||
corrections or medical facility, other prisoners, or the | ||
public. The protections set out in clauses (b)(3) and (b)(4) of | ||
this Section shall apply to security restraints used pursuant | ||
to this subsection. The corrections official shall immediately | ||
remove all restraints upon the written or oral request of | ||
medical personnel. Oral requests made by medical personnel | ||
shall be verified in writing as promptly as reasonably | ||
possible. | ||
(1) Qualified authorized health staff shall have the |
authority to order therapeutic restraints for a pregnant or | ||
postpartum prisoner who is a danger to herself, her child, | ||
unborn child, or other persons due to a psychiatric or | ||
medical disorder. Therapeutic restraints may only be | ||
initiated, monitored and discontinued by qualified and | ||
authorized health staff and used to safely limit a | ||
prisoner's mobility for psychiatric or medical reasons. No | ||
order for therapeutic restraints shall be written unless | ||
medical or mental health personnel, after personally | ||
observing and examining the prisoner, are clinically | ||
satisfied that the use of therapeutic restraints is | ||
justified and permitted in accordance with hospital | ||
policies and applicable State law. Metal handcuffs or | ||
shackles are not considered therapeutic restraints. | ||
(2) Whenever therapeutic restraints are used by | ||
medical personnel, Section 2-108 of the Mental Health and | ||
Developmental Disabilities Code shall apply. | ||
(3) Leg irons, shackles or waist shackles shall not be | ||
used on any pregnant or postpartum prisoner regardless of | ||
security classification. Except for therapeutic restraints | ||
under clause (b)(2), no restraints of any kind may be | ||
applied to prisoners during labor. | ||
(4) When a pregnant or postpartum prisoner must be | ||
restrained, restraints used shall be the least restrictive | ||
restraints possible to ensure the safety and security of | ||
the prisoner, her child, unborn child, the staff of the |
county department of corrections or medical facility, | ||
other prisoners, or the public, and in no case shall | ||
include leg irons, shackles or waist shackles. | ||
(5) Upon the pregnant prisoner's entry into a hospital | ||
room, and completion of initial room inspection, a | ||
corrections official shall be posted immediately outside | ||
the hospital room, unless requested to be in the room by | ||
medical personnel attending to the prisoner's medical | ||
needs. | ||
(6) The county department of corrections shall provide | ||
adequate corrections personnel to monitor the pregnant | ||
prisoner during her transport to and from the hospital and | ||
during her stay at the hospital. | ||
(7) Where the county department of corrections | ||
requires prisoner safety assessments, a corrections | ||
official may enter the hospital room to conduct periodic | ||
prisoner safety assessments, except during a medical | ||
examination or the delivery process. | ||
(8) Upon discharge from a medical facility, postpartum | ||
prisoners shall be restrained only with handcuffs in front | ||
of the body during transport to the county department of | ||
corrections. A corrections official shall immediately | ||
remove all security restraints upon written or oral request | ||
by medical personnel. Oral requests made by medical | ||
personnel shall be verified in writing as promptly as | ||
reasonably possible. |
(c) Enforcement.
No later than 30 days before the end of | ||
each fiscal year, the county sheriff or corrections official of | ||
the correctional institution where a pregnant prisoner has been | ||
restrained during that previous fiscal year, shall submit a | ||
written report to the Illinois General Assembly and the Office | ||
of the Governor that includes an account of every instance of | ||
prisoner restraint pursuant to this Section. The written report | ||
shall state the date, time, location and rationale for each | ||
instance in which restraints are used. The written report shall | ||
not contain any individually identifying information of any | ||
prisoner. Such reports shall be made available for public | ||
inspection.
| ||
(Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18 .)
| ||
(55 ILCS 5/3-15003.7 new) | ||
Sec. 3-15003.7. Corrections official training related to | ||
pregnant prisoners. | ||
(a) A county department of corrections shall provide | ||
training relating to medical and mental health care issues | ||
applicable to pregnant prisoners to: | ||
(1) each corrections official employed by a county | ||
department at a correctional institution in which female | ||
prisoners are confined; and | ||
(2) any other county department of corrections | ||
employee whose duties involve contact with pregnant | ||
prisoners. |
(b) The training must include information regarding: | ||
(1) appropriate care for pregnant prisoners; and | ||
(2) the impact on a pregnant prisoner and the | ||
prisoner's unborn child of: | ||
(A) the use of restraints; | ||
(B) placement in administrative segregation; and | ||
(C) invasive searches. | ||
(55 ILCS 5/3-15003.8 new) | ||
Sec. 3-15003.8. Educational programing for pregnant | ||
prisoners. A county department of corrections shall develop and | ||
provide to each pregnant prisoner educational programming | ||
relating to pregnancy and parenting. The programming must | ||
include instruction regarding: | ||
(1) appropriate prenatal care and hygiene; | ||
(2) the effects of prenatal exposure to alcohol and drugs | ||
on a developing fetus; | ||
(3) parenting skills; and | ||
(4) medical and mental health issues applicable to | ||
children. | ||
(55 ILCS 5/3-15003.9 new) | ||
Sec. 3-15003.9. Prisoner post-partum recovery | ||
requirements. A county department of corrections shall ensure | ||
that, for a period of 72 hours after the birth of an infant by a | ||
prisoner: |
(1) the infant is allowed to remain with the prisoner, | ||
unless a medical professional determines doing so would | ||
pose a health or safety risk to the prisoner or infant; and | ||
(2) the prisoner has access to any nutritional or | ||
hygiene-related products necessary to care for the infant, | ||
including diapers. | ||
(55 ILCS 5/3-15003.10 new) | ||
Sec. 3-15003.10. Housing requirements applicable to | ||
pregnant prisoners. | ||
(a) A county department of corrections may not place in | ||
administrative segregation a prisoner who is pregnant or who | ||
gave birth during the preceding 30 days unless the director of | ||
the county department of corrections or the director's designee | ||
determines that the placement is necessary based on a | ||
reasonable belief that the prisoner will harm herself, the | ||
prisoner's infant, or any other person or will attempt escape. | ||
(b) A county department of corrections may not assign a | ||
pregnant prisoner to any bed that is elevated more than 3 feet | ||
above the floor. | ||
Section 15-10. The Unified Code of Corrections is amended | ||
by adding Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4 as | ||
follows: | ||
(730 ILCS 5/3-6-7.1 new) |
Sec. 3-6-7.1. Correctional officer training related to | ||
pregnant committed persons. | ||
(a) The Department shall provide training relating to | ||
medical and mental health care issues applicable to pregnant | ||
committed persons to: | ||
(1) each correctional officer employed by the | ||
Department at a correctional institution or facility in | ||
which female committed persons are confined; and | ||
(2) any other Department employee whose duties involve | ||
contact with pregnant committed persons. | ||
(b) The training must include information regarding: | ||
(1) appropriate care for pregnant committed persons; | ||
and | ||
(2) the impact on a pregnant committed person and the | ||
committed person's unborn child of: | ||
(A) the use of restraints; | ||
(B) placement in administrative segregation; and | ||
(C) invasive searches. | ||
(730 ILCS 5/3-6-7.2 new) | ||
Sec. 3-6-7.2. Educational programing for pregnant | ||
committed persons. The Department shall develop and provide to | ||
each pregnant committed person educational programming | ||
relating to pregnancy and parenting. The programming must | ||
include instruction regarding: | ||
(1) appropriate prenatal care and hygiene; |
(2) the effects of prenatal exposure to alcohol and drugs | ||
on a developing fetus; | ||
(3) parenting skills; and | ||
(4) medical and mental health issues applicable to | ||
children. | ||
(730 ILCS 5/3-6-7.3 new) | ||
Sec. 3-6-7.3. Committed person post-partum recovery | ||
requirements. The Department shall ensure that, for a period of | ||
72 hours after the birth of an infant by an committed person: | ||
(1) the infant is allowed to remain with the committed | ||
person, unless a medical professional determines doing so | ||
would pose a health or safety risk to the committed person | ||
or infant; and | ||
(2) the committed person has access to any nutritional | ||
or hygiene-related products necessary to care for the | ||
infant, including diapers. | ||
(730 ILCS 5/3-6-7.4 new) | ||
Sec. 3-6-7.4. Housing requirements applicable to pregnant | ||
committed persons. | ||
(a) The Department may not place in administrative | ||
segregation a committed person who is pregnant or who gave | ||
birth during the preceding 30 days unless the Director or the | ||
Director's designee determines that the placement is necessary | ||
based on a reasonable belief that the committed person will |
harm herself, the committed person's infant, or any other | ||
person or will attempt escape. | ||
(b) The Department may not assign a pregnant committed | ||
person to any bed that is elevated more than 3 feet above the | ||
floor. | ||
Section 15-15. The County Jail Act is amended by adding | ||
Sections 17.6, 17.7, 17.8, and 17.9 as follows: | ||
(730 ILCS 125/17.6 new) | ||
Sec. 17.6. Sheriff training related to pregnant prisoners. | ||
(a) The sheriff shall provide training relating to medical | ||
and mental health care issues applicable to pregnant prisoners | ||
confined in the county jail to: | ||
(1) each correctional officer employed by the sheriff | ||
at the county jail in which female committed persons are | ||
confined; and | ||
(2) any other sheriff employee whose duties involve | ||
contact with pregnant prisoners. | ||
(b) The training must include information regarding: | ||
(1) appropriate care for pregnant prisoners; and | ||
(2) the impact on a pregnant prisoner and the | ||
prisoner's unborn child of: | ||
(A) the use of restraints; | ||
(B) placement in administrative segregation; and | ||
(C) invasive searches. |
(730 ILCS 125/17.7 new) | ||
Sec. 17.7. Educational programing for pregnant prisoners. | ||
The sheriff shall develop and provide to each pregnant prisoner | ||
educational programming relating to pregnancy and parenting. | ||
The programming must include instruction regarding: | ||
(1) appropriate prenatal care and hygiene; | ||
(2) the effects of prenatal exposure to alcohol and drugs | ||
on a developing fetus; | ||
(3) parenting skills; and | ||
(4) medical and mental health issues applicable to | ||
children. | ||
(730 ILCS 125/17.8 new) | ||
Sec. 17.8. Prisoner post-partum recovery requirements. The | ||
sheriff shall ensure that, for a period of 72 hours after the | ||
birth of an infant by a prisoner: | ||
(1) the infant is allowed to remain with the prisoner, | ||
unless a medical professional determines doing so would | ||
pose a health or safety risk to the prisoner or infant; and | ||
(2) the prisoner has access to any nutritional or | ||
hygiene-related products necessary to care for the infant, | ||
including diapers. | ||
(730 ILCS 125/17.9 new) | ||
Sec. 17.9. Housing requirements applicable to pregnant |
prisoners. | ||
(a) The sheriff may not place in administrative segregation | ||
a prisoner who is pregnant or who gave birth during the | ||
preceding 30 days unless the sheriff or the sheriff's designee | ||
determines that the placement is necessary based on a | ||
reasonable belief that the prisoner will harm herself, the | ||
prisoner's infant, or any other person or will attempt escape. | ||
(b) The sheriff may not assign a pregnant committed person | ||
to any bed that is elevated more than 3 feet above the floor. | ||
Article 20. | ||
Mandatory Minimums | ||
Section 20-5. The Unified Code of Corrections is amended by | ||
changing Section 5-4-1 as follows:
| ||
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||
Sec. 5-4-1. Sentencing hearing.
| ||
(a) Except when the death penalty is
sought under hearing | ||
procedures otherwise specified, after a
determination of | ||
guilt, a hearing shall be held to impose the sentence.
However, | ||
prior to the imposition of sentence on an individual being
| ||
sentenced for an offense based upon a charge for a violation of | ||
Section
11-501 of the Illinois Vehicle Code or a similar | ||
provision of a local
ordinance, the individual must undergo a | ||
professional evaluation to
determine if an alcohol or other |
drug abuse problem exists and the extent
of such a problem. | ||
Programs conducting these evaluations shall be
licensed by the | ||
Department of Human Services. However, if the individual is
not | ||
a resident of Illinois, the court
may, in its discretion, | ||
accept an evaluation from a program in the state of
such | ||
individual's residence. The court may in its sentencing order | ||
approve an
eligible defendant for placement in a Department of | ||
Corrections impact
incarceration program as provided in | ||
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||
order recommend a defendant for placement in a Department of | ||
Corrections substance abuse treatment program as provided in | ||
paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||
upon the defendant being accepted in a program by the | ||
Department of Corrections. At the
hearing the court
shall:
| ||
(1) consider the evidence, if any, received upon the | ||
trial;
| ||
(2) consider any presentence reports;
| ||
(3) consider the financial impact of incarceration | ||
based on the
financial impact statement filed with the | ||
clerk of the court by the
Department of Corrections;
| ||
(4) consider evidence and information offered by the | ||
parties in
aggravation and mitigation; | ||
(4.5) consider substance abuse treatment, eligibility | ||
screening, and an assessment, if any, of the defendant by | ||
an agent designated by the State of Illinois to provide | ||
assessment services for the Illinois courts;
|
(5) hear arguments as to sentencing alternatives;
| ||
(6) afford the defendant the opportunity to make a | ||
statement in his
own behalf;
| ||
(7) afford the victim of a violent crime or a violation | ||
of Section
11-501 of the Illinois Vehicle Code, or a | ||
similar provision of a local
ordinance, the opportunity to | ||
present an oral or written statement, as guaranteed by | ||
Article I, Section 8.1 of the Illinois Constitution and | ||
provided in Section 6 of the Rights of Crime Victims and | ||
Witnesses Act. The court shall allow a victim to make an | ||
oral statement if the victim is present in the courtroom | ||
and requests to make an oral or written statement. An oral | ||
or written statement includes the victim or a | ||
representative of the victim reading the written | ||
statement. The court may allow persons impacted by the | ||
crime who are not victims under subsection (a) of Section 3 | ||
of the Rights of Crime Victims and Witnesses Act to present | ||
an oral or written statement. A victim and any person | ||
making an oral statement shall not be put under oath or | ||
subject to cross-examination. All statements offered under | ||
this paragraph
(7) shall become part of the record of the | ||
court. In this
paragraph (7), "victim of a violent crime" | ||
means a person who is a victim of a violent crime for which | ||
the defendant has been convicted after a bench or jury | ||
trial or a person who is the victim of a violent crime with | ||
which the defendant was charged and the defendant has been |
convicted under a plea agreement of a crime that is not a | ||
violent crime as defined in subsection (c) of 3 of the | ||
Rights of Crime Victims and Witnesses Act; | ||
(7.5) afford a qualified person affected by: (i) a | ||
violation of Section 405, 405.1, 405.2, or 407 of the | ||
Illinois Controlled Substances Act or a violation of | ||
Section 55 or Section 65 of the Methamphetamine Control and | ||
Community Protection Act; or (ii) a Class 4 felony | ||
violation of Section 11-14, 11-14.3 except as described in | ||
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||
11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, committed by the defendant the | ||
opportunity to make a statement concerning the impact on | ||
the qualified person and to offer evidence in aggravation | ||
or mitigation; provided that the statement and evidence | ||
offered in aggravation or mitigation shall first be | ||
prepared in writing in conjunction with the State's | ||
Attorney before it may be presented orally at the hearing. | ||
Sworn testimony offered by the qualified person is subject | ||
to the defendant's right to cross-examine. All statements | ||
and evidence offered under this paragraph (7.5) shall | ||
become part of the record of the court. In this paragraph | ||
(7.5), "qualified person" means any person who: (i) lived | ||
or worked within the territorial jurisdiction where the | ||
offense took place when the offense took place; or (ii) is | ||
familiar with various public places within the territorial |
jurisdiction where the offense took place when the offense | ||
took place. "Qualified person " includes any peace officer | ||
or any member of any duly organized State, county, or | ||
municipal peace officer unit assigned to the territorial | ||
jurisdiction where the offense took place when the offense | ||
took place;
| ||
(8) in cases of reckless homicide afford the victim's | ||
spouse,
guardians, parents or other immediate family | ||
members an opportunity to make
oral statements;
| ||
(9) in cases involving a felony sex offense as defined | ||
under the Sex
Offender
Management Board Act, consider the | ||
results of the sex offender evaluation
conducted pursuant | ||
to Section 5-3-2 of this Act; and
| ||
(10) make a finding of whether a motor vehicle was used | ||
in the commission of the offense for which the defendant is | ||
being sentenced. | ||
(b) All sentences shall be imposed by the judge based upon | ||
his
independent assessment of the elements specified above and | ||
any agreement
as to sentence reached by the parties. The judge | ||
who presided at the
trial or the judge who accepted the plea of | ||
guilty shall impose the
sentence unless he is no longer sitting | ||
as a judge in that court. Where
the judge does not impose | ||
sentence at the same time on all defendants
who are convicted | ||
as a result of being involved in the same offense, the
| ||
defendant or the State's Attorney may advise the sentencing | ||
court of the
disposition of any other defendants who have been |
sentenced.
| ||
(b-1) In imposing a sentence of imprisonment or periodic | ||
imprisonment for a Class 3 or Class 4 felony for which a | ||
sentence of probation or conditional discharge is an available | ||
sentence, if the defendant has no prior sentence of probation | ||
or conditional discharge and no prior conviction for a violent | ||
crime, the defendant shall not be sentenced to imprisonment | ||
before review and consideration of a presentence report and | ||
determination and explanation of why the particular evidence, | ||
information, factor in aggravation, factual finding, or other | ||
reasons support a sentencing determination that one or more of | ||
the factors under subsection (a) of Section 5-6-1 of this Code | ||
apply and that probation or conditional discharge is not an | ||
appropriate sentence. | ||
(c) In imposing a sentence for a violent crime or for an | ||
offense of
operating or being in physical control of a vehicle | ||
while under the
influence of alcohol, any other drug or any | ||
combination thereof, or a
similar provision of a local | ||
ordinance, when such offense resulted in the
personal injury to | ||
someone other than the defendant, the trial judge shall
specify | ||
on the record the particular evidence, information, factors in
| ||
mitigation and aggravation or other reasons that led to his | ||
sentencing
determination. The full verbatim record of the | ||
sentencing hearing shall be
filed with the clerk of the court | ||
and shall be a public record.
| ||
(c-1) In imposing a sentence for the offense of aggravated |
kidnapping for
ransom, home invasion, armed robbery, | ||
aggravated vehicular hijacking,
aggravated discharge of a | ||
firearm, or armed violence with a category I weapon
or category | ||
II weapon,
the trial judge shall make a finding as to whether | ||
the conduct leading to
conviction for the offense resulted in | ||
great bodily harm to a victim, and
shall enter that finding and | ||
the basis for that finding in the record.
| ||
(c-1.5) Notwithstanding any other provision of law to the | ||
contrary, in imposing a sentence for an offense that requires a | ||
mandatory minimum sentence of imprisonment, the court may | ||
instead sentence the offender to probation, conditional | ||
discharge, or a lesser term of imprisonment it deems | ||
appropriate if: (1) the offense involves the use or possession | ||
of drugs, retail theft, or driving on a revoked license due to | ||
unpaid financial obligations; (2) the court finds that the | ||
defendant does not pose a risk to public safety; and (3) the | ||
interest of justice requires imposing a term of probation, | ||
conditional discharge, or a lesser term of imprisonment. The | ||
court must state on the record its reasons for imposing | ||
probation, conditional discharge, or a lesser term of | ||
imprisonment. | ||
(c-2) If the defendant is sentenced to prison, other than | ||
when a sentence of
natural life imprisonment or a sentence of | ||
death is imposed, at the time
the sentence is imposed the judge | ||
shall
state on the record in open court the approximate period | ||
of time the defendant
will serve in custody according to the |
then current statutory rules and
regulations for sentence | ||
credit found in Section 3-6-3 and other related
provisions of | ||
this Code. This statement is intended solely to inform the
| ||
public, has no legal effect on the defendant's actual release, | ||
and may not be
relied on by the defendant on appeal.
| ||
The judge's statement, to be given after pronouncing the | ||
sentence, other than
when the sentence is imposed for one of | ||
the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||
shall include the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
| ||
Corrections and
the Illinois Prisoner Review Board. In this | ||
case, assuming the defendant
receives all of his or her | ||
sentence credit, the period of estimated actual
custody is ... | ||
years and ... months, less up to 180 days additional earned | ||
sentence credit. If the defendant, because of his or
her own | ||
misconduct or failure to comply with the institutional | ||
regulations,
does not receive those credits, the actual time | ||
served in prison will be
longer. The defendant may also receive | ||
an additional one-half day sentence
credit for each day of | ||
participation in vocational, industry, substance abuse,
and | ||
educational programs as provided for by Illinois statute."
| ||
When the sentence is imposed for one of the offenses |
enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||
first degree murder, and the offense was
committed on or after | ||
June 19, 1998, and when the sentence is imposed for
reckless | ||
homicide as defined in subsection (e) of Section 9-3 of the | ||
Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||
offense was committed on or after January 1, 1999,
and when the | ||
sentence is imposed for aggravated driving under the influence
| ||
of alcohol, other drug or drugs, or intoxicating compound or | ||
compounds, or
any combination thereof as defined in | ||
subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||
11-501 of the Illinois Vehicle Code, and when
the sentence is | ||
imposed for aggravated arson if the offense was committed
on or | ||
after July 27, 2001 (the effective date of Public Act 92-176), | ||
and when
the sentence is imposed for aggravated driving under | ||
the influence of alcohol,
other drug or drugs, or intoxicating | ||
compound or compounds, or any combination
thereof as defined in | ||
subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||
11-501 of the Illinois Vehicle Code committed on or after | ||
January 1, 2011 (the effective date of Public Act 96-1230), the | ||
judge's
statement, to be given after pronouncing the sentence, | ||
shall include the
following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department of
|
Corrections and
the Illinois Prisoner Review Board. In this | ||
case,
the defendant is entitled to no more than 4 1/2 days of | ||
sentence credit for
each month of his or her sentence of | ||
imprisonment. Therefore, this defendant
will serve at least 85% | ||
of his or her sentence. Assuming the defendant
receives 4 1/2 | ||
days credit for each month of his or her sentence, the period
| ||
of estimated actual custody is ... years and ... months. If the | ||
defendant,
because of his or her own misconduct or failure to | ||
comply with the
institutional regulations receives lesser | ||
credit, the actual time served in
prison will be longer."
| ||
When a sentence of imprisonment is imposed for first degree | ||
murder and
the offense was committed on or after June 19, 1998, | ||
the judge's statement,
to be given after pronouncing the | ||
sentence, shall include the following:
| ||
"The purpose of this statement is to inform the public of | ||
the actual period
of time this defendant is likely to spend in | ||
prison as a result of this
sentence. The actual period of | ||
prison time served is determined by the
statutes of Illinois as | ||
applied to this sentence by the Illinois Department
of | ||
Corrections and the Illinois Prisoner Review Board. In this | ||
case, the
defendant is not entitled to sentence credit. | ||
Therefore, this defendant
will serve 100% of his or her | ||
sentence."
| ||
When the sentencing order recommends placement in a | ||
substance abuse program for any offense that results in | ||
incarceration
in a Department of Corrections facility and the |
crime was
committed on or after September 1, 2003 (the | ||
effective date of Public Act
93-354), the judge's
statement, in | ||
addition to any other judge's statement required under this
| ||
Section, to be given after pronouncing the sentence, shall | ||
include the
following:
| ||
"The purpose of this statement is to inform the public of
| ||
the actual period of time this defendant is likely to spend in
| ||
prison as a result of this sentence. The actual period of
| ||
prison time served is determined by the statutes of Illinois as
| ||
applied to this sentence by the Illinois Department of
| ||
Corrections and the Illinois Prisoner Review Board. In this
| ||
case, the defendant shall receive no earned sentence credit | ||
under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||
she participates in and completes a substance abuse treatment | ||
program or receives a waiver from the Director of Corrections | ||
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||
(c-4) Before the sentencing hearing and as part of the | ||
presentence investigation under Section 5-3-1, the court shall | ||
inquire of the defendant whether the defendant is currently | ||
serving in or is a veteran of the Armed Forces of the United | ||
States.
If the defendant is currently serving in the Armed | ||
Forces of the United States or is a veteran of the Armed Forces | ||
of the United States and has been diagnosed as having a mental | ||
illness by a qualified psychiatrist or clinical psychologist or | ||
physician, the court may: | ||
(1) order that the officer preparing the presentence |
report consult with the United States Department of | ||
Veterans Affairs, Illinois Department of Veterans' | ||
Affairs, or another agency or person with suitable | ||
knowledge or experience for the purpose of providing the | ||
court with information regarding treatment options | ||
available to the defendant, including federal, State, and | ||
local programming; and | ||
(2) consider the treatment recommendations of any | ||
diagnosing or treating mental health professionals | ||
together with the treatment options available to the | ||
defendant in imposing sentence. | ||
For the purposes of this subsection (c-4), "qualified | ||
psychiatrist" means a reputable physician licensed in Illinois | ||
to practice medicine in all its branches, who has specialized | ||
in the diagnosis and treatment of mental and nervous disorders | ||
for a period of not less than 5 years. | ||
(c-6) In imposing a sentence, the trial judge shall | ||
specify, on the record, the particular evidence and other | ||
reasons which led to his or her determination that a motor | ||
vehicle was used in the commission of the offense. | ||
(d) When the defendant is committed to the Department of
| ||
Corrections, the State's Attorney shall and counsel for the | ||
defendant
may file a statement with the clerk of the court to | ||
be transmitted to
the department, agency or institution to | ||
which the defendant is
committed to furnish such department, | ||
agency or institution with the
facts and circumstances of the |
offense for which the person was
committed together with all | ||
other factual information accessible to them
in regard to the | ||
person prior to his commitment relative to his habits,
| ||
associates, disposition and reputation and any other facts and
| ||
circumstances which may aid such department, agency or | ||
institution
during its custody of such person. The clerk shall | ||
within 10 days after
receiving any such statements transmit a | ||
copy to such department, agency
or institution and a copy to | ||
the other party, provided, however, that
this shall not be | ||
cause for delay in conveying the person to the
department, | ||
agency or institution to which he has been committed.
| ||
(e) The clerk of the court shall transmit to the | ||
department,
agency or institution, if any, to which the | ||
defendant is committed, the
following:
| ||
(1) the sentence imposed;
| ||
(2) any statement by the court of the basis for | ||
imposing the sentence;
| ||
(3) any presentence reports;
| ||
(3.5) any sex offender evaluations;
| ||
(3.6) any substance abuse treatment eligibility | ||
screening and assessment of the defendant by an agent | ||
designated by the State of Illinois to provide assessment | ||
services for the Illinois courts;
| ||
(4) the number of days, if any, which the defendant has | ||
been in
custody and for which he is entitled to credit | ||
against the sentence,
which information shall be provided |
to the clerk by the sheriff;
| ||
(4.1) any finding of great bodily harm made by the | ||
court with respect
to an offense enumerated in subsection | ||
(c-1);
| ||
(5) all statements filed under subsection (d) of this | ||
Section;
| ||
(6) any medical or mental health records or summaries | ||
of the defendant;
| ||
(7) the municipality where the arrest of the offender | ||
or the commission
of the offense has occurred, where such | ||
municipality has a population of
more than 25,000 persons;
| ||
(8) all statements made and evidence offered under | ||
paragraph (7) of
subsection (a) of this Section; and
| ||
(9) all additional matters which the court directs the | ||
clerk to
transmit.
| ||
(f) In cases in which the court finds that a motor vehicle | ||
was used in the commission of the offense for which the | ||
defendant is being sentenced, the clerk of the court shall, | ||
within 5 days thereafter, forward a report of such conviction | ||
to the Secretary of State. | ||
(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; | ||
100-961, eff. 1-1-19; revised 10-3-18.) | ||
Article 25. | ||
Law Enforcement |
Section 25-5. The Open Meetings Act is amended by changing | ||
Section 2 as follows:
| ||
(5 ILCS 120/2) (from Ch. 102, par. 42)
| ||
Sec. 2. Open meetings.
| ||
(a) Openness required. All meetings of public
bodies shall | ||
be open to the public unless excepted in subsection (c)
and | ||
closed in accordance with Section 2a.
| ||
(b) Construction of exceptions. The exceptions contained | ||
in subsection
(c) are in derogation of the requirement that | ||
public bodies
meet in the open, and therefore, the exceptions | ||
are to be strictly
construed, extending only to subjects | ||
clearly within their scope.
The exceptions authorize but do not | ||
require the holding of
a closed meeting to discuss a subject | ||
included within an enumerated exception.
| ||
(c) Exceptions. A public body may hold closed meetings to | ||
consider the
following subjects:
| ||
(1) The appointment, employment, compensation, | ||
discipline, performance,
or dismissal of specific | ||
employees, specific individuals who serve as independent | ||
contractors in a park, recreational, or educational | ||
setting, or specific volunteers of the public body or legal | ||
counsel for
the public body, including hearing
testimony on | ||
a complaint lodged against an employee, a specific | ||
individual who serves as an independent contractor in a | ||
park, recreational, or educational setting, or a volunteer |
of the public body or
against legal counsel for the public | ||
body to determine its validity. However, a meeting to | ||
consider an increase in compensation to a specific employee | ||
of a public body that is subject to the Local Government | ||
Wage Increase Transparency Act may not be closed and shall | ||
be open to the public and posted and held in accordance | ||
with this Act.
| ||
(2) Collective negotiating matters between the public | ||
body and its
employees or their representatives, or | ||
deliberations concerning salary
schedules for one or more | ||
classes of employees.
| ||
(3) The selection of a person to fill a public office,
| ||
as defined in this Act, including a vacancy in a public | ||
office, when the public
body is given power to appoint | ||
under law or ordinance, or the discipline,
performance or | ||
removal of the occupant of a public office, when the public | ||
body
is given power to remove the occupant under law or | ||
ordinance.
| ||
(4) Evidence or testimony presented in open hearing, or | ||
in closed
hearing where specifically authorized by law, to
| ||
a quasi-adjudicative body, as defined in this Act, provided | ||
that the body
prepares and makes available for public | ||
inspection a written decision
setting forth its | ||
determinative reasoning.
| ||
(5) The purchase or lease of real property for the use | ||
of
the public body, including meetings held for the purpose |
of discussing
whether a particular parcel should be | ||
acquired.
| ||
(6) The setting of a price for sale or lease of | ||
property owned
by the public body.
| ||
(7) The sale or purchase of securities, investments, or | ||
investment
contracts. This exception shall not apply to the | ||
investment of assets or income of funds deposited into the | ||
Illinois Prepaid Tuition Trust Fund.
| ||
(8) Security procedures, school building safety and | ||
security, and the use of personnel and
equipment to respond | ||
to an actual, a threatened, or a reasonably
potential | ||
danger to the safety of employees, students, staff, the | ||
public, or
public
property.
| ||
(9) Student disciplinary cases.
| ||
(10) The placement of individual students in special | ||
education
programs and other matters relating to | ||
individual students.
| ||
(11) Litigation, when an action against, affecting or | ||
on behalf of the
particular public body has been filed and | ||
is pending before a court or
administrative tribunal, or | ||
when the public body finds that an action is
probable or | ||
imminent, in which case the basis for the finding shall be
| ||
recorded and entered into the minutes of the closed | ||
meeting.
| ||
(12) The establishment of reserves or settlement of | ||
claims as provided
in the Local Governmental and |
Governmental Employees Tort Immunity Act, if
otherwise the | ||
disposition of a claim or potential claim might be
| ||
prejudiced, or the review or discussion of claims, loss or | ||
risk management
information, records, data, advice or | ||
communications from or with respect
to any insurer of the | ||
public body or any intergovernmental risk management
| ||
association or self insurance pool of which the public body | ||
is a member.
| ||
(13) Conciliation of complaints of discrimination in | ||
the sale or rental
of housing, when closed meetings are | ||
authorized by the law or ordinance
prescribing fair housing | ||
practices and creating a commission or
administrative | ||
agency for their enforcement.
| ||
(14) Informant sources, the hiring or assignment of | ||
undercover personnel
or equipment, or ongoing, prior or | ||
future criminal investigations, when
discussed by a public | ||
body with criminal investigatory responsibilities.
| ||
(15) Professional ethics or performance when | ||
considered by an advisory
body appointed to advise a | ||
licensing or regulatory agency on matters
germane to the | ||
advisory body's field of competence.
| ||
(16) Self evaluation, practices and procedures or | ||
professional ethics,
when meeting with a representative of | ||
a statewide association of which the
public body is a | ||
member.
| ||
(17) The recruitment, credentialing, discipline or |
formal peer review
of physicians or other
health care | ||
professionals, or for the discussion of matters protected | ||
under the federal Patient Safety and Quality Improvement | ||
Act of 2005, and the regulations promulgated thereunder, | ||
including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||
Health Insurance Portability and Accountability Act of | ||
1996, and the regulations promulgated thereunder, | ||
including 45 C.F.R. Parts 160, 162, and 164, by a hospital, | ||
or
other institution providing medical care, that is | ||
operated by the public body.
| ||
(18) Deliberations for decisions of the Prisoner | ||
Review Board.
| ||
(19) Review or discussion of applications received | ||
under the
Experimental Organ Transplantation Procedures | ||
Act.
| ||
(20) The classification and discussion of matters | ||
classified as
confidential or continued confidential by | ||
the State Government Suggestion Award
Board.
| ||
(21) Discussion of minutes of meetings lawfully closed | ||
under this Act,
whether for purposes of approval by the | ||
body of the minutes or semi-annual
review of the minutes as | ||
mandated by Section 2.06.
| ||
(22) Deliberations for decisions of the State
| ||
Emergency Medical Services Disciplinary
Review Board.
| ||
(23) The operation by a municipality of a municipal | ||
utility or the
operation of a
municipal power agency or |
municipal natural gas agency when the
discussion involves | ||
(i) contracts relating to the
purchase, sale, or delivery | ||
of electricity or natural gas or (ii) the results
or | ||
conclusions of load forecast studies.
| ||
(24) Meetings of a residential health care facility | ||
resident sexual
assault and death review
team or
the | ||
Executive
Council under the Abuse Prevention Review
Team | ||
Act.
| ||
(25) Meetings of an independent team of experts under | ||
Brian's Law. | ||
(26) Meetings of a mortality review team appointed | ||
under the Department of Juvenile Justice Mortality Review | ||
Team Act. | ||
(27) (Blank). | ||
(28) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(29) Meetings between internal or external auditors | ||
and governmental audit committees, finance committees, and | ||
their equivalents, when the discussion involves internal | ||
control weaknesses, identification of potential fraud risk | ||
areas, known or suspected frauds, and fraud interviews | ||
conducted in accordance with generally accepted auditing | ||
standards of the United States of America. | ||
(30) Those meetings or portions of meetings of a |
fatality review team or the Illinois Fatality Review Team | ||
Advisory Council during which a review of the death of an | ||
eligible adult in which abuse or neglect is suspected, | ||
alleged, or substantiated is conducted pursuant to Section | ||
15 of the Adult Protective Services Act. | ||
(31) Meetings and deliberations for decisions of the | ||
Concealed Carry Licensing Review Board under the Firearm | ||
Concealed Carry Act. | ||
(32) Meetings between the Regional Transportation | ||
Authority Board and its Service Boards when the discussion | ||
involves review by the Regional Transportation Authority | ||
Board of employment contracts under Section 28d of the | ||
Metropolitan Transit Authority Act and Sections 3A.18 and | ||
3B.26 of the Regional Transportation Authority Act. | ||
(33) Those meetings or portions of meetings of the | ||
advisory committee and peer review subcommittee created | ||
under Section 320 of the Illinois Controlled Substances Act | ||
during which specific controlled substance prescriber, | ||
dispenser, or patient information is discussed. | ||
(34) Meetings of the Tax Increment Financing Reform | ||
Task Force under Section 2505-800 of the Department of | ||
Revenue Law of the Civil Administrative Code of Illinois. | ||
(35) Meetings of the group established to discuss | ||
Medicaid capitation rates under Section 5-30.8 of the | ||
Illinois Public Aid Code. | ||
(36) Those deliberations or portions of deliberations |
for decisions of the Illinois Gaming Board in which there | ||
is discussed any of the following: (i) personal, | ||
commercial, financial, or other information obtained from | ||
any source that is privileged, proprietary, confidential, | ||
or a trade secret; or (ii) information specifically | ||
exempted from the disclosure by federal or State law. | ||
(37) Deliberations for decisions of the Illinois Law
| ||
Enforcement Training Standards Board, the Certification | ||
Review Panel, and the Illinois State Police Merit Board | ||
regarding certification and decertification. | ||
(d) Definitions. For purposes of this Section:
| ||
"Employee" means a person employed by a public body whose | ||
relationship
with the public body constitutes an | ||
employer-employee relationship under
the usual common law | ||
rules, and who is not an independent contractor.
| ||
"Public office" means a position created by or under the
| ||
Constitution or laws of this State, the occupant of which is | ||
charged with
the exercise of some portion of the sovereign | ||
power of this State. The term
"public office" shall include | ||
members of the public body, but it shall not
include | ||
organizational positions filled by members thereof, whether
| ||
established by law or by a public body itself, that exist to | ||
assist the
body in the conduct of its business.
| ||
"Quasi-adjudicative body" means an administrative body | ||
charged by law or
ordinance with the responsibility to conduct | ||
hearings, receive evidence or
testimony and make |
determinations based
thereon, but does not include
local | ||
electoral boards when such bodies are considering petition | ||
challenges.
| ||
(e) Final action. No final action may be taken at a closed | ||
meeting.
Final action shall be preceded by a public recital of | ||
the nature of the
matter being considered and other information | ||
that will inform the
public of the business being conducted.
| ||
(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||
100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||
8-23-19; revised 9-27-19.)
| ||
Section 25-10. The Freedom of Information Act is amended by | ||
changing Sections 7 and 7.5 as follows: | ||
(5 ILCS 140/7) (from Ch. 116, par. 207) | ||
Sec. 7. Exemptions.
| ||
(1) When a request is made to inspect or copy a public | ||
record that contains information that is exempt from disclosure | ||
under this Section, but also contains information that is not | ||
exempt from disclosure, the public body may elect to redact the | ||
information that is exempt. The public body shall make the | ||
remaining information available for inspection and copying. | ||
Subject to this requirement, the following shall be exempt from | ||
inspection and copying:
| ||
(a) Information specifically prohibited from | ||
disclosure by federal or
State law or rules and regulations |
implementing federal or State law.
| ||
(b) Private information, unless disclosure is required | ||
by another provision of this Act, a State or federal law or | ||
a court order. | ||
(b-5) Files, documents, and other data or databases | ||
maintained by one or more law enforcement agencies and | ||
specifically designed to provide information to one or more | ||
law enforcement agencies regarding the physical or mental | ||
status of one or more individual subjects. | ||
(c) Personal information contained within public | ||
records, the disclosure of which would constitute a clearly
| ||
unwarranted invasion of personal privacy, unless the | ||
disclosure is
consented to in writing by the individual | ||
subjects of the information. "Unwarranted invasion of | ||
personal privacy" means the disclosure of information that | ||
is highly personal or objectionable to a reasonable person | ||
and in which the subject's right to privacy outweighs any | ||
legitimate public interest in obtaining the information. | ||
The
disclosure of information that bears on the public | ||
duties of public
employees and officials shall not be | ||
considered an invasion of personal
privacy.
| ||
(d) Records in the possession of any public body | ||
created in the course of administrative enforcement
| ||
proceedings, and any law enforcement or correctional | ||
agency for
law enforcement purposes,
but only to the extent | ||
that disclosure would:
|
(i) interfere with pending or actually and | ||
reasonably contemplated
law enforcement proceedings | ||
conducted by any law enforcement or correctional
| ||
agency that is the recipient of the request;
| ||
(ii) interfere with active administrative | ||
enforcement proceedings
conducted by the public body | ||
that is the recipient of the request;
| ||
(iii) create a substantial likelihood that a | ||
person will be deprived of a fair trial or an impartial | ||
hearing;
| ||
(iv) unavoidably disclose the identity of a | ||
confidential source, confidential information | ||
furnished only by the confidential source, or persons | ||
who file complaints with or provide information to | ||
administrative, investigative, law enforcement, or | ||
penal agencies; except that the identities of | ||
witnesses to traffic accidents, traffic accident | ||
reports, and rescue reports shall be provided by | ||
agencies of local government, except when disclosure | ||
would interfere with an active criminal investigation | ||
conducted by the agency that is the recipient of the | ||
request;
| ||
(v) disclose unique or specialized investigative | ||
techniques other than
those generally used and known or | ||
disclose internal documents of
correctional agencies | ||
related to detection, observation or investigation of
|
incidents of crime or misconduct, and disclosure would | ||
result in demonstrable harm to the agency or public | ||
body that is the recipient of the request;
| ||
(vi) endanger the life or physical safety of law | ||
enforcement personnel
or any other person; or
| ||
(vii) obstruct an ongoing criminal investigation | ||
by the agency that is the recipient of the request.
| ||
(d-5) A law enforcement record created for law | ||
enforcement purposes and contained in a shared electronic | ||
record management system if the law enforcement agency that | ||
is the recipient of the request did not create the record, | ||
did not participate in or have a role in any of the events | ||
which are the subject of the record, and only has access to | ||
the record through the shared electronic record management | ||
system. | ||
(d-6) Records contained in the Officer Professional | ||
Conduct Database under Section 9.4 of the Illinois Police | ||
Training Act, except to the extent authorized under that | ||
Section. This includes the documents supplied to Illinois | ||
Law Enforcement Training Standards Board from the Illinois | ||
State Police and Illinois State Police Merit Board. | ||
(e) Records that relate to or affect the security of | ||
correctional
institutions and detention facilities.
| ||
(e-5) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those |
materials are available in the library of the correctional | ||
institution or facility or jail where the inmate is | ||
confined. | ||
(e-6) Records requested by persons committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail if those | ||
materials include records from staff members' personnel | ||
files, staff rosters, or other staffing assignment | ||
information. | ||
(e-7) Records requested by persons committed to the | ||
Department of Corrections or Department of Human Services | ||
Division of Mental Health if those materials are available | ||
through an administrative request to the Department of | ||
Corrections or Department of Human Services Division of | ||
Mental Health. | ||
(e-8) Records requested by a person committed to the | ||
Department of Corrections, Department of Human Services | ||
Division of Mental Health, or a county jail, the disclosure | ||
of which would result in the risk of harm to any person or | ||
the risk of an escape from a jail or correctional | ||
institution or facility. | ||
(e-9) Records requested by a person in a county jail or | ||
committed to the Department of Corrections or Department of | ||
Human Services Division of Mental Health, containing | ||
personal information pertaining to the person's victim or | ||
the victim's family, including, but not limited to, a |
victim's home address, home telephone number, work or | ||
school address, work telephone number, social security | ||
number, or any other identifying information, except as may | ||
be relevant to a requester's current or potential case or | ||
claim. | ||
(e-10) Law enforcement records of other persons | ||
requested by a person committed to the Department of | ||
Corrections, Department of Human Services Division of | ||
Mental Health, or a county jail, including, but not limited | ||
to, arrest and booking records, mug shots, and crime scene | ||
photographs, except as these records may be relevant to the | ||
requester's current or potential case or claim. | ||
(f) Preliminary drafts, notes, recommendations, | ||
memoranda and other
records in which opinions are | ||
expressed, or policies or actions are
formulated, except | ||
that a specific record or relevant portion of a
record | ||
shall not be exempt when the record is publicly cited
and | ||
identified by the head of the public body. The exemption | ||
provided in
this paragraph (f) extends to all those records | ||
of officers and agencies
of the General Assembly that | ||
pertain to the preparation of legislative
documents.
| ||
(g) Trade secrets and commercial or financial | ||
information obtained from
a person or business where the | ||
trade secrets or commercial or financial information are | ||
furnished under a claim that they are
proprietary, | ||
privileged , or confidential, and that disclosure of the |
trade
secrets or commercial or financial information would | ||
cause competitive harm to the person or business, and only | ||
insofar as the claim directly applies to the records | ||
requested. | ||
The information included under this exemption includes | ||
all trade secrets and commercial or financial information | ||
obtained by a public body, including a public pension fund, | ||
from a private equity fund or a privately held company | ||
within the investment portfolio of a private equity fund as | ||
a result of either investing or evaluating a potential | ||
investment of public funds in a private equity fund. The | ||
exemption contained in this item does not apply to the | ||
aggregate financial performance information of a private | ||
equity fund, nor to the identity of the fund's managers or | ||
general partners. The exemption contained in this item does | ||
not apply to the identity of a privately held company | ||
within the investment portfolio of a private equity fund, | ||
unless the disclosure of the identity of a privately held | ||
company may cause competitive harm. | ||
Nothing contained in this
paragraph (g) shall be | ||
construed to prevent a person or business from
consenting | ||
to disclosure.
| ||
(h) Proposals and bids for any contract, grant, or | ||
agreement, including
information which if it were | ||
disclosed would frustrate procurement or give
an advantage | ||
to any person proposing to enter into a contractor |
agreement
with the body, until an award or final selection | ||
is made. Information
prepared by or for the body in | ||
preparation of a bid solicitation shall be
exempt until an | ||
award or final selection is made.
| ||
(i) Valuable formulae,
computer geographic systems,
| ||
designs, drawings and research data obtained or
produced by | ||
any public body when disclosure could reasonably be | ||
expected to
produce private gain or public loss.
The | ||
exemption for "computer geographic systems" provided in | ||
this paragraph
(i) does not extend to requests made by news | ||
media as defined in Section 2 of
this Act when the | ||
requested information is not otherwise exempt and the only
| ||
purpose of the request is to access and disseminate | ||
information regarding the
health, safety, welfare, or | ||
legal rights of the general public.
| ||
(j) The following information pertaining to | ||
educational matters: | ||
(i) test questions, scoring keys and other | ||
examination data used to
administer an academic | ||
examination;
| ||
(ii) information received by a primary or | ||
secondary school, college, or university under its | ||
procedures for the evaluation of faculty members by | ||
their academic peers; | ||
(iii) information concerning a school or | ||
university's adjudication of student disciplinary |
cases, but only to the extent that disclosure would | ||
unavoidably reveal the identity of the student; and | ||
(iv) course materials or research materials used | ||
by faculty members. | ||
(k) Architects' plans, engineers' technical | ||
submissions, and
other
construction related technical | ||
documents for
projects not constructed or developed in | ||
whole or in part with public funds
and the same for | ||
projects constructed or developed with public funds, | ||
including , but not limited to , power generating and | ||
distribution stations and other transmission and | ||
distribution facilities, water treatment facilities, | ||
airport facilities, sport stadiums, convention centers, | ||
and all government owned, operated, or occupied buildings, | ||
but
only to the extent
that disclosure would compromise | ||
security.
| ||
(l) Minutes of meetings of public bodies closed to the
| ||
public as provided in the Open Meetings Act until the | ||
public body
makes the minutes available to the public under | ||
Section 2.06 of the Open
Meetings Act.
| ||
(m) Communications between a public body and an | ||
attorney or auditor
representing the public body that would | ||
not be subject to discovery in
litigation, and materials | ||
prepared or compiled by or for a public body in
| ||
anticipation of a criminal, civil , or administrative | ||
proceeding upon the
request of an attorney advising the |
public body, and materials prepared or
compiled with | ||
respect to internal audits of public bodies.
| ||
(n) Records relating to a public body's adjudication of | ||
employee grievances or disciplinary cases; however, this | ||
exemption shall not extend to the final outcome of cases in | ||
which discipline is imposed.
| ||
(o) Administrative or technical information associated | ||
with automated
data processing operations, including , but | ||
not limited to , software,
operating protocols, computer | ||
program abstracts, file layouts, source
listings, object | ||
modules, load modules, user guides, documentation
| ||
pertaining to all logical and physical design of | ||
computerized systems,
employee manuals, and any other | ||
information that, if disclosed, would
jeopardize the | ||
security of the system or its data or the security of
| ||
materials exempt under this Section.
| ||
(p) Records relating to collective negotiating matters
| ||
between public bodies and their employees or | ||
representatives, except that
any final contract or | ||
agreement shall be subject to inspection and copying.
| ||
(q) Test questions, scoring keys, and other | ||
examination data used to determine the qualifications of an | ||
applicant for a license or employment.
| ||
(r) The records, documents, and information relating | ||
to real estate
purchase negotiations until those | ||
negotiations have been completed or
otherwise terminated. |
With regard to a parcel involved in a pending or
actually | ||
and reasonably contemplated eminent domain proceeding | ||
under the Eminent Domain Act, records, documents , and
| ||
information relating to that parcel shall be exempt except | ||
as may be
allowed under discovery rules adopted by the | ||
Illinois Supreme Court. The
records, documents , and | ||
information relating to a real estate sale shall be
exempt | ||
until a sale is consummated.
| ||
(s) Any and all proprietary information and records | ||
related to the
operation of an intergovernmental risk | ||
management association or
self-insurance pool or jointly | ||
self-administered health and accident
cooperative or pool.
| ||
Insurance or self insurance (including any | ||
intergovernmental risk management association or self | ||
insurance pool) claims, loss or risk management | ||
information, records, data, advice or communications.
| ||
(t) Information contained in or related to | ||
examination, operating, or
condition reports prepared by, | ||
on behalf of, or for the use of a public
body responsible | ||
for the regulation or supervision of financial
| ||
institutions, insurance companies, or pharmacy benefit | ||
managers, unless disclosure is otherwise
required by State | ||
law.
| ||
(u) Information that would disclose
or might lead to | ||
the disclosure of
secret or confidential information, | ||
codes, algorithms, programs, or private
keys intended to be |
used to create electronic or digital signatures under the
| ||
Electronic Commerce Security Act.
| ||
(v) Vulnerability assessments, security measures, and | ||
response policies
or plans that are designed to identify, | ||
prevent, or respond to potential
attacks upon a community's | ||
population or systems, facilities, or installations,
the | ||
destruction or contamination of which would constitute a | ||
clear and present
danger to the health or safety of the | ||
community, but only to the extent that
disclosure could | ||
reasonably be expected to jeopardize the effectiveness of | ||
the
measures or the safety of the personnel who implement | ||
them or the public.
Information exempt under this item may | ||
include such things as details
pertaining to the | ||
mobilization or deployment of personnel or equipment, to | ||
the
operation of communication systems or protocols, or to | ||
tactical operations.
| ||
(w) (Blank). | ||
(x) Maps and other records regarding the location or | ||
security of generation, transmission, distribution, | ||
storage, gathering,
treatment, or switching facilities | ||
owned by a utility, by a power generator, or by the | ||
Illinois Power Agency.
| ||
(y) Information contained in or related to proposals, | ||
bids, or negotiations related to electric power | ||
procurement under Section 1-75 of the Illinois Power Agency | ||
Act and Section 16-111.5 of the Public Utilities Act that |
is determined to be confidential and proprietary by the | ||
Illinois Power Agency or by the Illinois Commerce | ||
Commission.
| ||
(z) Information about students exempted from | ||
disclosure under Sections 10-20.38 or 34-18.29 of the | ||
School Code, and information about undergraduate students | ||
enrolled at an institution of higher education exempted | ||
from disclosure under Section 25 of the Illinois Credit | ||
Card Marketing Act of 2009. | ||
(aa) Information the disclosure of which is
exempted | ||
under the Viatical Settlements Act of 2009.
| ||
(bb) Records and information provided to a mortality | ||
review team and records maintained by a mortality review | ||
team appointed under the Department of Juvenile Justice | ||
Mortality Review Team Act. | ||
(cc) Information regarding interments, entombments, or | ||
inurnments of human remains that are submitted to the | ||
Cemetery Oversight Database under the Cemetery Care Act or | ||
the Cemetery Oversight Act, whichever is applicable. | ||
(dd) Correspondence and records (i) that may not be | ||
disclosed under Section 11-9 of the Illinois Public Aid | ||
Code or (ii) that pertain to appeals under Section 11-8 of | ||
the Illinois Public Aid Code. | ||
(ee) The names, addresses, or other personal | ||
information of persons who are minors and are also | ||
participants and registrants in programs of park |
districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations. | ||
(ff) The names, addresses, or other personal | ||
information of participants and registrants in programs of | ||
park districts, forest preserve districts, conservation | ||
districts, recreation agencies, and special recreation | ||
associations where such programs are targeted primarily to | ||
minors. | ||
(gg) Confidential information described in Section | ||
1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||
(hh) The report submitted to the State Board of | ||
Education by the School Security and Standards Task Force | ||
under item (8) of subsection (d) of Section 2-3.160 of the | ||
School Code and any information contained in that report. | ||
(ii) Records requested by persons committed to or | ||
detained by the Department of Human Services under the | ||
Sexually Violent Persons Commitment Act or committed to the | ||
Department of Corrections under the Sexually Dangerous | ||
Persons Act if those materials: (i) are available in the | ||
library of the facility where the individual is confined; | ||
(ii) include records from staff members' personnel files, | ||
staff rosters, or other staffing assignment information; | ||
or (iii) are available through an administrative request to | ||
the Department of Human Services or the Department of | ||
Corrections. |
(jj) Confidential information described in Section | ||
5-535 of the Civil Administrative Code of Illinois. | ||
(kk) The public body's credit card numbers, debit card | ||
numbers, bank account numbers, Federal Employer | ||
Identification Number, security code numbers, passwords, | ||
and similar account information, the disclosure of which | ||
could result in identity theft or impression or defrauding | ||
of a governmental entity or a person. | ||
(ll) (kk) Records concerning the work of the threat | ||
assessment team of a school district. | ||
(1.5) Any information exempt from disclosure under the | ||
Judicial Privacy Act shall be redacted from public records | ||
prior to disclosure under this Act. | ||
(2) A public record that is not in the possession of a | ||
public body but is in the possession of a party with whom the | ||
agency has contracted to perform a governmental function on | ||
behalf of the public body, and that directly relates to the | ||
governmental function and is not otherwise exempt under this | ||
Act, shall be considered a public record of the public body, | ||
for purposes of this Act. | ||
(3) This Section does not authorize withholding of | ||
information or limit the
availability of records to the public, | ||
except as stated in this Section or
otherwise provided in this | ||
Act.
| ||
(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||
100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. |
1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.) | ||
(5 ILCS 140/7.5) | ||
Sec. 7.5. Statutory exemptions. To the extent provided for | ||
by the statutes referenced below, the following shall be exempt | ||
from inspection and copying: | ||
(a) All information determined to be confidential | ||
under Section 4002 of the Technology Advancement and | ||
Development Act. | ||
(b) Library circulation and order records identifying | ||
library users with specific materials under the Library | ||
Records Confidentiality Act. | ||
(c) Applications, related documents, and medical | ||
records received by the Experimental Organ Transplantation | ||
Procedures Board and any and all documents or other records | ||
prepared by the Experimental Organ Transplantation | ||
Procedures Board or its staff relating to applications it | ||
has received. | ||
(d) Information and records held by the Department of | ||
Public Health and its authorized representatives relating | ||
to known or suspected cases of sexually transmissible | ||
disease or any information the disclosure of which is | ||
restricted under the Illinois Sexually Transmissible | ||
Disease Control Act. | ||
(e) Information the disclosure of which is exempted | ||
under Section 30 of the Radon Industry Licensing Act. |
(f) Firm performance evaluations under Section 55 of | ||
the Architectural, Engineering, and Land Surveying | ||
Qualifications Based Selection Act. | ||
(g) Information the disclosure of which is restricted | ||
and exempted under Section 50 of the Illinois Prepaid | ||
Tuition Act. | ||
(h) Information the disclosure of which is exempted | ||
under the State Officials and Employees Ethics Act, and | ||
records of any lawfully created State or local inspector | ||
general's office that would be exempt if created or | ||
obtained by an Executive Inspector General's office under | ||
that Act. | ||
(i) Information contained in a local emergency energy | ||
plan submitted to a municipality in accordance with a local | ||
emergency energy plan ordinance that is adopted under | ||
Section 11-21.5-5 of the Illinois Municipal Code. | ||
(j) Information and data concerning the distribution | ||
of surcharge moneys collected and remitted by carriers | ||
under the Emergency Telephone System Act. | ||
(k) Law enforcement officer identification information | ||
or driver identification information compiled by a law | ||
enforcement agency or the Department of Transportation | ||
under Section 11-212 of the Illinois Vehicle Code. | ||
(l) Records and information provided to a residential | ||
health care facility resident sexual assault and death | ||
review team or the Executive Council under the Abuse |
Prevention Review Team Act. | ||
(m) Information provided to the predatory lending | ||
database created pursuant to Article 3 of the Residential | ||
Real Property Disclosure Act, except to the extent | ||
authorized under that Article. | ||
(n) Defense budgets and petitions for certification of | ||
compensation and expenses for court appointed trial | ||
counsel as provided under Sections 10 and 15 of the Capital | ||
Crimes Litigation Act. This subsection (n) shall apply | ||
until the conclusion of the trial of the case, even if the | ||
prosecution chooses not to pursue the death penalty prior | ||
to trial or sentencing. | ||
(o) Information that is prohibited from being | ||
disclosed under Section 4 of the Illinois Health and | ||
Hazardous Substances Registry Act. | ||
(p) Security portions of system safety program plans, | ||
investigation reports, surveys, schedules, lists, data, or | ||
information compiled, collected, or prepared by or for the | ||
Regional Transportation Authority under Section 2.11 of | ||
the Regional Transportation Authority Act or the St. Clair | ||
County Transit District under the Bi-State Transit Safety | ||
Act. | ||
(q) Information prohibited from being disclosed by the | ||
Personnel Record Review Act. | ||
(r) Information prohibited from being disclosed by the | ||
Illinois School Student Records Act. |
(s) Information the disclosure of which is restricted | ||
under Section 5-108 of the Public Utilities Act.
| ||
(t) All identified or deidentified health information | ||
in the form of health data or medical records contained in, | ||
stored in, submitted to, transferred by, or released from | ||
the Illinois Health Information Exchange, and identified | ||
or deidentified health information in the form of health | ||
data and medical records of the Illinois Health Information | ||
Exchange in the possession of the Illinois Health | ||
Information Exchange Office due to its administration of | ||
the Illinois Health Information Exchange. The terms | ||
"identified" and "deidentified" shall be given the same | ||
meaning as in the Health Insurance Portability and | ||
Accountability Act of 1996, Public Law 104-191, or any | ||
subsequent amendments thereto, and any regulations | ||
promulgated thereunder. | ||
(u) Records and information provided to an independent | ||
team of experts under the Developmental Disability and | ||
Mental Health Safety Act (also known as Brian's Law). | ||
(v) Names and information of people who have applied | ||
for or received Firearm Owner's Identification Cards under | ||
the Firearm Owners Identification Card Act or applied for | ||
or received a concealed carry license under the Firearm | ||
Concealed Carry Act, unless otherwise authorized by the | ||
Firearm Concealed Carry Act; and databases under the | ||
Firearm Concealed Carry Act, records of the Concealed Carry |
Licensing Review Board under the Firearm Concealed Carry | ||
Act, and law enforcement agency objections under the | ||
Firearm Concealed Carry Act. | ||
(w) Personally identifiable information which is | ||
exempted from disclosure under subsection (g) of Section | ||
19.1 of the Toll Highway Act. | ||
(x) Information which is exempted from disclosure | ||
under Section 5-1014.3 of the Counties Code or Section | ||
8-11-21 of the Illinois Municipal Code. | ||
(y) Confidential information under the Adult | ||
Protective Services Act and its predecessor enabling | ||
statute, the Elder Abuse and Neglect Act, including | ||
information about the identity and administrative finding | ||
against any caregiver of a verified and substantiated | ||
decision of abuse, neglect, or financial exploitation of an | ||
eligible adult maintained in the Registry established | ||
under Section 7.5 of the Adult Protective Services Act. | ||
(z) Records and information provided to a fatality | ||
review team or the Illinois Fatality Review Team Advisory | ||
Council under Section 15 of the Adult Protective Services | ||
Act. | ||
(aa) Information which is exempted from disclosure | ||
under Section 2.37 of the Wildlife Code. | ||
(bb) Information which is or was prohibited from | ||
disclosure by the Juvenile Court Act of 1987. | ||
(cc) Recordings made under the Law Enforcement |
Officer-Worn Body Camera Act, except to the extent | ||
authorized under that Act. | ||
(dd) Information that is prohibited from being | ||
disclosed under Section 45 of the Condominium and Common | ||
Interest Community Ombudsperson Act. | ||
(ee) Information that is exempted from disclosure | ||
under Section 30.1 of the Pharmacy Practice Act. | ||
(ff) Information that is exempted from disclosure | ||
under the Revised Uniform Unclaimed Property Act. | ||
(gg) Information that is prohibited from being | ||
disclosed under Section 7-603.5 of the Illinois Vehicle | ||
Code. | ||
(hh) Records that are exempt from disclosure under | ||
Section 1A-16.7 of the Election Code. | ||
(ii) Information which is exempted from disclosure | ||
under Section 2505-800 of the Department of Revenue Law of | ||
the Civil Administrative Code of Illinois. | ||
(jj) Information and reports that are required to be | ||
submitted to the Department of Labor by registering day and | ||
temporary labor service agencies but are exempt from | ||
disclosure under subsection (a-1) of Section 45 of the Day | ||
and Temporary Labor Services Act. | ||
(kk) Information prohibited from disclosure under the | ||
Seizure and Forfeiture Reporting Act. | ||
(ll) Information the disclosure of which is restricted | ||
and exempted under Section 5-30.8 of the Illinois Public |
Aid Code. | ||
(mm) Records that are exempt from disclosure under | ||
Section 4.2 of the Crime Victims Compensation Act. | ||
(nn) Information that is exempt from disclosure under | ||
Section 70 of the Higher Education Student Assistance Act. | ||
(oo) Communications, notes, records, and reports | ||
arising out of a peer support counseling session prohibited | ||
from disclosure under the First Responders Suicide | ||
Prevention Act. | ||
(pp) Names and all identifying information relating to | ||
an employee of an emergency services provider or law | ||
enforcement agency under the First Responders Suicide | ||
Prevention Act. | ||
(qq) Information and records held by the Department of | ||
Public Health and its authorized representatives collected | ||
under the Reproductive Health Act. | ||
(rr) Information that is exempt from disclosure under | ||
the Cannabis Regulation and Tax Act. | ||
(ss) Data reported by an employer to the Department of | ||
Human Rights pursuant to Section 2-108 of the Illinois | ||
Human Rights Act. | ||
(tt) Recordings made under the Children's Advocacy | ||
Center Act, except to the extent authorized under that Act. | ||
(uu) Information that is exempt from disclosure under | ||
Section 50 of the Sexual Assault Evidence Submission Act. | ||
(vv) Information that is exempt from disclosure under |
subsections (f) and (j) of Section 5-36 of the Illinois | ||
Public Aid Code. | ||
(ww) Information that is exempt from disclosure under | ||
Section 16.8 of the State Treasurer Act. | ||
(xx) Information that is exempt from disclosure or | ||
information that shall not be made public under the | ||
Illinois Insurance Code. | ||
(yy) Information prohibited from being disclosed under | ||
the Illinois Educational Labor Relations Act. | ||
(zz) Information prohibited from being disclosed under | ||
the Illinois Public Labor Relations Act. | ||
(aaa) Information prohibited from being disclosed | ||
under Section 1-167 of the Illinois Pension Code. | ||
(bbb) Information that is prohibited from disclosure | ||
by the Illinois Police Training Act and the State Police | ||
Act. | ||
(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||
100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||
8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||
eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||
100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||
6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||
eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||
101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||
1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||
eff. 7-7-20.) |
(5 ILCS 140/7.1 rep.)
| ||
Section 25-15. The Freedom of Information Act is amended by | ||
repealing Section 7.1. | ||
Section 25-20. The State Employee Indemnification Act is | ||
amended by changing Section 1 as follows: | ||
(5 ILCS 350/1) (from Ch. 127, par. 1301)
| ||
Sec. 1. Definitions. For the purpose of this Act:
| ||
(a) The term "State" means the State of Illinois, the | ||
General
Assembly, the court, or any State office, department, | ||
division, bureau,
board, commission, or committee, the | ||
governing boards of the public
institutions of higher education | ||
created by the State, the Illinois
National Guard, the Illinois | ||
State Guard, the Comprehensive Health Insurance Board, any | ||
poison control
center designated under the Poison Control | ||
System Act that receives State
funding, or any other agency or | ||
instrumentality of the State. It
does not mean any local public | ||
entity as that term is defined in Section
1-206 of the Local | ||
Governmental and Governmental Employees Tort Immunity
Act or a | ||
pension fund.
| ||
(b) The term "employee" means: any present or former | ||
elected or
appointed officer, trustee or employee of the State, | ||
or of a pension
fund;
any present or former commissioner or | ||
employee of the Executive Ethics
Commission or of the |
Legislative Ethics Commission; any present or former
| ||
Executive, Legislative, or Auditor General's Inspector | ||
General; any present or
former employee of an Office of an | ||
Executive, Legislative, or Auditor General's
Inspector | ||
General; any present or former member of the Illinois National
| ||
Guard
while on active duty; any present or former member of the | ||
Illinois State
Guard
while on State active duty; individuals or | ||
organizations who contract with the
Department of Corrections, | ||
the Department of Juvenile Justice, the Comprehensive Health | ||
Insurance Board, or the
Department of Veterans' Affairs to | ||
provide services; individuals or
organizations who contract | ||
with the Department of Human Services (as
successor to the | ||
Department of Mental Health and Developmental
Disabilities) to | ||
provide services including but not limited to treatment and
| ||
other services for sexually violent persons; individuals or | ||
organizations who
contract with the Department of
Military
| ||
Affairs for youth programs; individuals or
organizations who | ||
contract to perform carnival and amusement ride safety
| ||
inspections for the Department of Labor; individuals who | ||
contract with the Office of the State's Attorneys Appellate | ||
Prosecutor to provide legal services, but only when performing | ||
duties within the scope of the Office's prosecutorial | ||
activities; individual representatives of or
designated | ||
organizations authorized to represent the Office of State | ||
Long-Term
Ombudsman for the Department on Aging; individual | ||
representatives of or
organizations designated by the |
Department on Aging in the performance of their
duties as adult | ||
protective services agencies or regional administrative | ||
agencies
under the Adult Protective Services Act; individuals | ||
or organizations appointed as members of a review team or the | ||
Advisory Council under the Adult Protective Services Act; | ||
individuals or organizations who perform
volunteer services | ||
for the State where such volunteer relationship is reduced
to | ||
writing; individuals who serve on any public entity (whether | ||
created by law
or administrative action) described in paragraph | ||
(a) of this Section; individuals or not for profit | ||
organizations who, either as volunteers, where
such volunteer | ||
relationship is reduced to writing, or pursuant to contract,
| ||
furnish professional advice or consultation to any agency or | ||
instrumentality of
the State; individuals who serve as foster | ||
parents for the Department of
Children and Family Services when | ||
caring for youth in care as defined in Section 4d of the | ||
Children and Family Services Act; individuals who serve as | ||
members of an independent team of experts under the | ||
Developmental Disability and Mental Health Safety Act (also | ||
known as Brian's Law); and individuals
who serve as arbitrators | ||
pursuant to Part 10A of
Article II of the Code of Civil | ||
Procedure and the rules of the Supreme Court
implementing Part | ||
10A, each as now or hereafter amended; the members of the | ||
Certification Review Panel under the Illinois Police Training | ||
Act; the term "employee" does not mean an
independent | ||
contractor except as provided in this Section. The term |
includes an
individual appointed as an inspector by the | ||
Director of State Police when
performing duties within the | ||
scope of the activities of a Metropolitan
Enforcement Group or | ||
a law enforcement organization established under the
| ||
Intergovernmental Cooperation Act. An individual who renders | ||
professional
advice and consultation to the State through an | ||
organization which qualifies as
an "employee" under the Act is | ||
also an employee. The term includes the estate
or personal | ||
representative of an employee.
| ||
(c) The term "pension fund" means a retirement system or | ||
pension
fund created under the Illinois Pension Code.
| ||
(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18; | ||
101-81, eff. 7-12-19.)
| ||
Section 25-25. The Personnel Code is amended by changing | ||
Section 4c as follows: | ||
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||
Sec. 4c. General exemptions. The following positions in | ||
State
service shall be exempt from jurisdictions A, B, and C, | ||
unless the
jurisdictions shall be extended as provided in this | ||
Act:
| ||
(1) All officers elected by the people.
| ||
(2) All positions under the Lieutenant Governor, | ||
Secretary of State,
State Treasurer, State Comptroller, | ||
State Board of Education, Clerk of
the Supreme Court,
|
Attorney General, and State Board of Elections.
| ||
(3) Judges, and officers and employees of the courts, | ||
and notaries
public.
| ||
(4) All officers and employees of the Illinois General | ||
Assembly, all
employees of legislative commissions, all | ||
officers and employees of the
Illinois Legislative | ||
Reference Bureau and the Legislative Printing Unit.
| ||
(5) All positions in the Illinois National Guard and | ||
Illinois State
Guard, paid from federal funds or positions
| ||
in the State Military Service filled by enlistment and paid | ||
from State
funds.
| ||
(6) All employees of the Governor at the executive | ||
mansion and on
his immediate personal staff.
| ||
(7) Directors of Departments, the Adjutant General, | ||
the Assistant
Adjutant General, the Director of the | ||
Illinois Emergency
Management Agency, members of boards | ||
and commissions, and all other
positions appointed by the | ||
Governor by and with the consent of the
Senate.
| ||
(8) The presidents, other principal administrative | ||
officers, and
teaching, research and extension faculties | ||
of
Chicago State University, Eastern Illinois University, | ||
Governors State
University, Illinois State University, | ||
Northeastern Illinois University,
Northern Illinois | ||
University, Western Illinois University, the Illinois
| ||
Community College Board, Southern Illinois
University, | ||
Illinois Board of Higher Education, University of
|
Illinois, State Universities Civil Service System, | ||
University Retirement
System of Illinois, and the | ||
administrative officers and scientific and
technical staff | ||
of the Illinois State Museum.
| ||
(9) All other employees except the presidents, other | ||
principal
administrative officers, and teaching, research | ||
and extension faculties
of the universities under the | ||
jurisdiction of the Board of Regents and
the colleges and | ||
universities under the jurisdiction of the Board of
| ||
Governors of State Colleges and Universities, Illinois | ||
Community College
Board, Southern Illinois University, | ||
Illinois Board of Higher Education,
Board of Governors of | ||
State Colleges and Universities, the Board of
Regents, | ||
University of Illinois, State Universities Civil Service
| ||
System, University Retirement System of Illinois, so long | ||
as these are
subject to the provisions of the State | ||
Universities Civil Service Act.
| ||
(10) The State Police so long as they are subject to | ||
the merit
provisions of the State Police Act.
Employees of | ||
the Illinois State Police Merit Board are subject to the | ||
provisions of this Code.
| ||
(11) (Blank).
| ||
(12) The technical and engineering staffs of the | ||
Department of
Transportation, the Department of Nuclear | ||
Safety, the Pollution Control
Board, and the Illinois | ||
Commerce Commission, and the technical and engineering
|
staff providing architectural and engineering services in | ||
the Department of
Central Management Services.
| ||
(13) All employees of the Illinois State Toll Highway | ||
Authority.
| ||
(14) The Secretary of the Illinois Workers' | ||
Compensation Commission.
| ||
(15) All persons who are appointed or employed by the | ||
Director of
Insurance under authority of Section 202 of the | ||
Illinois Insurance Code
to assist the Director of Insurance | ||
in discharging his responsibilities
relating to the | ||
rehabilitation, liquidation, conservation, and
dissolution | ||
of companies that are subject to the jurisdiction of the
| ||
Illinois Insurance Code.
| ||
(16) All employees of the St. Louis Metropolitan Area | ||
Airport
Authority.
| ||
(17) All investment officers employed by the Illinois | ||
State Board of
Investment.
| ||
(18) Employees of the Illinois Young Adult | ||
Conservation Corps program,
administered by the Illinois | ||
Department of Natural Resources, authorized
grantee under | ||
Title VIII of the Comprehensive
Employment and Training Act | ||
of 1973, 29 USC 993.
| ||
(19) Seasonal employees of the Department of | ||
Agriculture for the
operation of the Illinois State Fair | ||
and the DuQuoin State Fair, no one
person receiving more | ||
than 29 days of such employment in any calendar year.
|
(20) All "temporary" employees hired under the | ||
Department of Natural
Resources' Illinois Conservation | ||
Service, a youth
employment program that hires young people | ||
to work in State parks for a period
of one year or less.
| ||
(21) All hearing officers of the Human Rights | ||
Commission.
| ||
(22) All employees of the Illinois Mathematics and | ||
Science Academy.
| ||
(23) All employees of the Kankakee River Valley Area
| ||
Airport Authority.
| ||
(24) The commissioners and employees of the Executive | ||
Ethics
Commission.
| ||
(25) The Executive Inspectors General, including | ||
special Executive
Inspectors General, and employees of | ||
each Office of an
Executive Inspector General.
| ||
(26) The commissioners and employees of the | ||
Legislative Ethics
Commission.
| ||
(27) The Legislative Inspector General, including | ||
special Legislative
Inspectors General, and employees of | ||
the Office of
the Legislative Inspector General.
| ||
(28) The Auditor General's Inspector General and | ||
employees of the Office
of the Auditor General's Inspector | ||
General.
| ||
(29) All employees of the Illinois Power Agency. | ||
(30) Employees having demonstrable, defined advanced | ||
skills in accounting, financial reporting, or technical |
expertise who are employed within executive branch | ||
agencies and whose duties are directly related to the | ||
submission to the Office of the Comptroller of financial | ||
information for the publication of the Comprehensive | ||
Annual Financial Report (CAFR). | ||
(31) All employees of the Illinois Sentencing Policy | ||
Advisory Council. | ||
(Source: P.A. 100-1148, eff. 12-10-18.)
| ||
Section 25-30. The Department of State Police Law of the
| ||
Civil Administrative Code of Illinois is amended by changing | ||
Section 2605-50 as follows:
| ||
(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
| ||
Sec. 2605-50. Division of Internal Investigation. The | ||
Division
of Internal Investigation shall initiate internal
| ||
departmental investigations and, at the direction of the | ||
Governor,
investigate
complaints and initiate investigations | ||
of official misconduct by State officers
and State employees | ||
under the jurisdiction of the Governor. Notwithstanding any | ||
other provisions of law, the Division shall serve as the | ||
investigative body for the Illinois State Police for purposes | ||
of compliance with the provisions of Sections 12.6 and 12.7 of | ||
this Act.
| ||
(Source: P.A. 91-239, eff. 1-1-00.)
|
Section 25-35. The State Police Act is amended by changing | ||
Sections 3, 6, 8, and 9 and by adding Sections 6.5, 11.5, 11.6, | ||
12.6, 12.7, 40.1, and 46 as follows:
| ||
(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
| ||
Sec. 3.
The Governor shall appoint, by and with the advice | ||
and consent of
the Senate, a Department of State Police Merit | ||
Board, hereinafter called
the Board, consisting of 7 5 members | ||
to hold office . The Governor shall appoint new board members | ||
within 30 days for the vacancies created under this amendatory | ||
Act. Board members shall be appointed to four-year terms. No | ||
member shall be appointed to more than 2 terms. In making the | ||
appointments, the Governor shall make a good faith effort to | ||
appoint members reflecting the geographic, ethic, and cultural | ||
diversity of this State. In making the appointments, the | ||
Governor should also consider appointing: persons with | ||
professional backgrounds, possessing legal, management, | ||
personnel, or labor experience; at least one member with at | ||
least 10 years of experience as a licensed physician or | ||
clinical psychologist with expertise in mental health; and at | ||
least one member affiliated
with an organization commitment to | ||
social and economic rights and to eliminating discrimination. , | ||
one until the third
Monday in March, 1951, one until the third | ||
Monday in March, 1953, and
one until the third Monday in March, | ||
1955, and until their respective
successors are appointed and | ||
qualified. One of the members added by this
amendatory Act of |
1977 shall serve a term expiring on the third Monday
in March, | ||
1980, and until his successor is appointed and qualified, and
| ||
one shall serve a term expiring on the third Monday in March, | ||
1982, and
until his successor is appointed and qualified. Upon | ||
the expiration of
the terms of office of those first appointed, | ||
their respective
successors shall be appointed to hold office | ||
from the third Monday in
March of the year of their respective | ||
appointments for a term of six
years and until their successors | ||
are appointed and qualified for a like
term . No more than 4 3 | ||
members of the Board shall be affiliated with the
same | ||
political party. If the Senate is not in session at the time | ||
initial
appointments are made pursuant to this section, the | ||
Governor shall make
temporary appointments as in the case of a | ||
vacancy. In order to avoid actual conflicts of interest, or the | ||
appearance of conflicts of interest, no board member shall be a | ||
retired or former employee of the Illinois State Police. When a | ||
Board member may have an actual, perceived, or potential | ||
conflict of interest that could prevent the Board member from | ||
making a fair and impartial decision on a complaint or formal | ||
complaint against an Illinois State Police officer, the Board | ||
member shall recuse himself or herself; or If the Board member | ||
fails to recuse himself or herself, then the Board may, by a | ||
simple majority, vote to recuse the Board member.
| ||
(Source: P.A. 87-284.)
| ||
(20 ILCS 2610/6) (from Ch. 121, par. 307.6)
|
Sec. 6.
The Board is authorized to employ such clerical and | ||
technical staff
assistants, not to exceed fifteen, as may be | ||
necessary to enable the Board
to transact its business and, if | ||
the rate of compensation is not otherwise
fixed by law, to fix | ||
their compensation. In order to avoid actual conflicts of | ||
interest, or the appearance of conflicts of interest, no | ||
employee, contractor, clerical or technical staff shall be a | ||
retired or former employee of the Illinois State Police. All | ||
employees shall be subject to the Personnel Code.
| ||
(Source: Laws 1949, p. 1357.)
| ||
(20 ILCS 2610/6.5 new) | ||
Sec. 6.5. Badges. No badge, star, or shield shall be | ||
issued to Board members, employees, contractors, clerical or | ||
technical staff.
| ||
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
| ||
Sec. 8. Board jurisdiction. | ||
(a) The Board shall exercise jurisdiction over the | ||
certification for
appointment and promotion, and over the | ||
discipline, removal, demotion and
suspension of Department of | ||
State Police officers.
The Board and the Illinois State Police | ||
should also ensure Illinois State Police cadets and officers | ||
represent the utmost integrity and professionalism and | ||
represent the geographic, ethnic, and cultural diversity of | ||
this State. The Board shall also exercise jurisdiction to |
certify and terminate Illinois State Police Officers in | ||
compliance with certification standards consistent with | ||
Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
| ||
merit principles of public employment, the Board shall | ||
formulate, adopt,
and put into effect rules, regulations and | ||
procedures for its operation
and the transaction of its | ||
business. The Board shall establish a classification
of ranks | ||
of persons subject to its jurisdiction and shall set standards
| ||
and qualifications for each rank. Each Department of State | ||
Police officer
appointed by the Director shall be classified as | ||
a State Police officer
as follows: trooper, sergeant, master | ||
sergeant, lieutenant,
captain,
major, or Special
Agent.
| ||
(b) The Board shall publish all standards and | ||
qualifications for each rank, including Cadet, on its website. | ||
This shall include, but not be limited to, all physical | ||
fitness, medical, visual, and hearing standards. The Illinois | ||
State Police shall cooperate with the Board by providing any | ||
necessary information to complete this requirement. | ||
(Source: P.A. 100-49, eff. 1-1-18 .)
| ||
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
| ||
Sec. 9. Appointment; qualifications.
| ||
(a) Except as otherwise provided in this Section, the | ||
appointment of
Department of State Police officers shall be | ||
made from those applicants who
have been certified by the Board | ||
as being qualified for appointment. All
persons so appointed |
shall, at the time of their appointment, be not less than
21 | ||
years of age, or 20 years of age and have successfully | ||
completed an associate's degree or 60 credit hours at an | ||
accredited college or university. Any person
appointed | ||
subsequent to successful completion of an associate's degree or | ||
60 credit hours at an accredited college or university shall | ||
not have power of arrest, nor shall he or she be permitted
to | ||
carry firearms, until he or she reaches 21 years of age. In | ||
addition,
all persons so certified for appointment shall be of | ||
sound mind and body, be of
good moral character, be citizens of | ||
the United States, have no criminal
records, possess such | ||
prerequisites of training, education, and experience as
the | ||
Board may from time to time prescribe so long as persons who | ||
have an associate's degree or 60 credit hours at an accredited | ||
college or university are not disqualified, and shall be | ||
required to pass
successfully such mental and physical tests | ||
and examinations as may be
prescribed by the Board. All persons | ||
who meet one of the following requirements are deemed to have | ||
met the collegiate educational requirements: | ||
(i) have been honorably discharged and who have been | ||
awarded a Southwest Asia Service Medal, Kosovo Campaign | ||
Medal, Korean Defense Service Medal, Afghanistan Campaign | ||
Medal, Iraq Campaign Medal, or Global War on Terrorism | ||
Expeditionary Medal by the United States Armed Forces; | ||
(ii) are active members of the Illinois National Guard | ||
or a reserve component of the United States Armed Forces |
and who have been awarded a Southwest Asia Service Medal, | ||
Kosovo Campaign Medal, Korean Defense Service Medal, | ||
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||
War on Terrorism Expeditionary Medal as a result of | ||
honorable service during deployment on active duty; | ||
(iii) have been honorably discharged who served in a | ||
combat mission by proof of hostile fire pay or imminent | ||
danger pay during deployment on active duty; or | ||
(iv) have at least 3 years of full active and | ||
continuous military duty and received an honorable | ||
discharge before hiring. | ||
Preference shall be given in such appointments to
persons | ||
who have honorably served in the military or naval services of | ||
the
United States. All appointees shall serve a probationary | ||
period of 12 months
from the date of appointment and during | ||
that period may be discharged at the
will of the Director. | ||
However, the Director may in his or her sole discretion
extend | ||
the probationary period of an officer up to an additional 6 | ||
months when
to do so is deemed in the best interest of the | ||
Department. Nothing in this subsection (a) limits the Board's | ||
ability to prescribe education prerequisites or requirements | ||
to certify Department of State Police officers for promotion as | ||
provided in Section 10 of this Act.
| ||
(b) Notwithstanding the other provisions of this Act, after | ||
July 1,
1977 and before July 1, 1980, the Director of State | ||
Police may appoint and
promote not more than 20 persons having |
special qualifications as special
agents as he or she deems | ||
necessary to carry out the Department's objectives. Any
such | ||
appointment or promotion shall be ratified by the Board.
| ||
(c) During the 90 days following the effective date of this | ||
amendatory Act
of 1995, the Director of State Police may | ||
appoint up to 25 persons as State
Police officers. These | ||
appointments shall be made in accordance with the
requirements | ||
of this subsection (c) and any additional criteria that may be
| ||
established by the Director, but are not subject to any other | ||
requirements of
this Act. The Director may specify the initial | ||
rank for each person appointed
under this subsection.
| ||
All appointments under this subsection (c) shall be made | ||
from personnel
certified by the Board. A person certified by | ||
the Board and appointed by the
Director under this subsection | ||
must have been employed by the Illinois Commerce
Commission on | ||
November 30, 1994 in a job title
subject to the Personnel Code | ||
and in a position for which the person was
eligible to earn | ||
"eligible creditable service" as a "noncovered employee", as
| ||
those terms are defined in Article 14 of the Illinois Pension | ||
Code.
| ||
Persons appointed under this subsection (c) shall | ||
thereafter be subject to
the same requirements and procedures | ||
as other State police officers. A person
appointed under this | ||
subsection must serve a probationary period of 12 months
from | ||
the date of appointment, during which he or she may be | ||
discharged at the
will of the Director.
|
This subsection (c) does not affect or limit the Director's | ||
authority to
appoint other State Police officers under | ||
subsection (a) of this Section. | ||
(d) During the 180 days following the effective date of | ||
this amendatory Act of the 101st General Assembly, the Director | ||
of the Illinois State Police may appoint current Illinois State | ||
Police Employees serving in law enforcement officer positions | ||
previously within Central Management Services as State Police | ||
Officers. These appointments shall be made in accordance with | ||
the requirements of this subsection (d) and any institutional | ||
criteria that may be established by the Director, but are not | ||
subject to any other requirements of this Act.
All appointments | ||
under this subsection (d) shall be made from personnel | ||
certified by the Board. A person certified by the Board and | ||
appointed by the Director under this subsection must have been | ||
employed by the a state agency, board, or commission on January | ||
1, 2021, in a job title subject to the Personnel Code and in a | ||
position for which the person was eligible to earn "eligible | ||
creditable service" as a "noncovered employee", as those terms | ||
are defined in Article 14 of the Illinois Pension Code.
Persons | ||
appointed under this subsection (d) shall thereafter be subject | ||
to the same requirements, and subject to the same contractual | ||
benefits and obligations, as other State police officers.
This | ||
subsection (d) does not affect or limit the Director's | ||
authority to appoint other State Police officers under | ||
subsection (a) of this Section. |
(e) The Merit Board shall review Illinois State Police | ||
Cadet applicants. The Illinois State Police may provide | ||
background check and investigation material to the Board for | ||
their review
10
pursuant to this section. The Board shall | ||
approve and ensure that no cadet applicant is certified unless | ||
the applicant is a person of good character and has not been | ||
convicted of, or entered a plea of guilty to, a felony offense, | ||
any of the misdemeanors in Section or if committed in any other | ||
state would be an offense similar to 11-1.50, 11-6, 11-6.5, | ||
11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5, | ||
16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any | ||
misdemeanor in violation of any section of Part E of Title III | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal | ||
Code of 2012, or subsection (a) of Section 17-32 of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, to Section | ||
5 or 5.2 of the Cannabis Control Act, or any felony or | ||
misdemeanor in violation of federal law or the law of any state | ||
that is the equivalent of any of the offenses specified | ||
therein. The Officer Misconduct Database, provided in Section | ||
9.2 of the Illinois Police Training Act, shall be searched as | ||
part of this process. For purposes of this Section "convicted | ||
of, or entered a plea of guilty" regardless of whether the | ||
adjudication of guilt or sentence is withheld or not entered | ||
thereon. This includes sentences of supervision, conditional | ||
discharge, or first offender probation, or any similar |
disposition provided for by law. | ||
(f) The Board shall by rule establish an application fee | ||
waiver program for any person who meets one or more of the | ||
following criteria: | ||
(1) his or her available personal income is 200% or | ||
less of the current poverty level; or | ||
(2) he or she is, in the discretion of the Board, | ||
unable to proceed in an action with payment of application | ||
fee and payment of that fee would result in substantial | ||
hardship to the person or the person's family.
| ||
(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20 .)
| ||
(20 ILCS 2610/11.5 new) | ||
Sec. 11.5. Merit Board annual report. | ||
(a) The Illinois State Police Merit Board shall report | ||
annually to the Governor and General Assembly the following | ||
information: | ||
(1) the number of state police officers terminated in | ||
the preceding calendar year; | ||
(2) the number of cadet written tests administered and | ||
the pass and fail rate; | ||
(3) cadet physical fitness testing and locations; | ||
(4) the number of cadet applicants who administered a | ||
physical fitness test and the pass and fail rate; | ||
(5) the number of cadet applicants who failed the | ||
background investigation and general categories for |
failure; and | ||
(6) the number of cadet applicants certified for each | ||
cadet class. | ||
(b) The Board shall also report the number of promotional | ||
tests and assessments administered and the number of persons | ||
who were certified for promotion. All reported categories and | ||
data shall contain a gender and ethnic breakdown for those | ||
individuals. The Illinois State Police shall cooperate with the | ||
Board by providing any necessary information to complete this | ||
annual report. The report shall also identify strategies for | ||
promoting diversity and inclusion in all testing, including | ||
promotional testing, and cadet recruitment, and barriers to | ||
advancement of these goals. The first report shall be filed no | ||
later than March 31, 2022. | ||
(20 ILCS 2610/11.6 new) | ||
Sec. 11.6. Illinois State Police annual disciplinary data | ||
report. | ||
(a) The Illinois State Police shall report annually to the | ||
Governor and General Assembly the following statistical | ||
information, which may be part of its annual report, pursuant | ||
to Section 5-650 of the Civil Administrative Code of Illinois: | ||
(1) the number of complaints received in the preceding | ||
calendar year against an Illinois State Police officer, | ||
including but not limited to the race, gender, and type of | ||
complaints received; |
(2) the number of internal investigations initiated in | ||
the preceding calendar year since the date of the last | ||
report; | ||
(3) the number of internal investigations concluded in | ||
the preceding calendar year; | ||
(4) the number of investigations pending as of the | ||
reporting date; | ||
(5) the number of Merit Board referrals; | ||
(6) the number of officers decertified in the preceding | ||
calendar year; and | ||
(7) the number of investigations that led to a | ||
determination of: administratively closed, exonerated, not | ||
sustained, sustained, and unfounded. | ||
(b) This report shall not contain any personal identifiable | ||
information or case specific information. | ||
(c) This report shall be filed beginning March 1, 2023, or | ||
whenever the agency files its annual report. | ||
(20 ILCS 2610/12.6 new) | ||
Sec. 12.6. Automatic termination of Illinois State Police | ||
officers. The Board shall terminate a state police officer | ||
convicted of a felony offense under the laws of this State or | ||
any other state which if committed in this State would be | ||
punishable as a felony. The Board must also terminate Illinois | ||
State Police officers who were convicted of, or entered a plea | ||
of guilty to, on or after the effective date of this amendatory |
Act of the 101st General Assembly, any misdemeanor specified in | ||
this Section or if committed in any other state would be an | ||
offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, | ||
11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.5, 16-1, | ||
17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor | ||
in violation of any section of Part E of Title III of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or | ||
32-7 of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
or subsection (a) of Section 17-32 of the Criminal Code of 1961 | ||
or the Criminal Code of 2012, to Section 5 or 5.2 of the | ||
Cannabis Control Act, or any felony or misdemeanor in violation | ||
of federal law or the law of any state that is the equivalent | ||
of any of the offenses specified therein. The Illinois State | ||
Police Merit Board shall report terminations under this Section | ||
to the Officer Misconduct Database, provided in Section 9.2 of | ||
the Illinois Police Training Act. For purposes of this section | ||
"convicted of, or entered a plea of guilty" regardless of | ||
whether the adjudication of guilt or sentence is withheld or | ||
not entered thereon. This includes sentences of supervision, | ||
conditional discharge, or first offender probation, or any | ||
similar disposition provided for by law. | ||
(20 ILCS 2610/12.7 new) | ||
Sec. 12.7. Discretionary termination of Illinois State | ||
Police officers. | ||
(a) Definitions. For purposes of this Section 6.3: |
"Duty to Intervene" means an obligation to intervene to | ||
prevent harm from occurring that arises when an officer is | ||
present and has reason to know: | ||
(1) that excessive force is being used; or | ||
(2) that any constitutional violation has been | ||
committed by a law enforcement official; and the officer | ||
has a realistic opportunity to intervene. | ||
This duty applies equally to supervisory and | ||
nonsupervisory officers. If aid is required, the officer | ||
shall not, when reasonable to administer aid, knowingly and | ||
willingly refuse to render aid as defined by State or | ||
federal law. An officer does not violate this duty if the | ||
failure to render aid is due to circumstances such as lack | ||
of appropriate specialized training, lack of resources or | ||
equipment, or both, or if it is unsafe or impracticable to | ||
render aid. | ||
"Excessive use of force" means using force in violation of | ||
State or federal law. | ||
"False statement" means: | ||
(1) any knowingly false statement provided on a form or | ||
report; | ||
(2) that the writer does not believe to be true; and | ||
(3) that the writer includes to mislead a public | ||
servant in performing that public servant's official | ||
functions. | ||
"Perjury" has the meaning as defined under Sections 32-2 |
and 32-3 of the Criminal Code of 2012. | ||
"Tampers with or fabricates evidence" means if a law | ||
enforcement officer: | ||
(1) has reason to believe that an official proceeding | ||
is pending or may be instituted; and | ||
(2) alters, destroys, conceals, or removes any record, | ||
document, data, video or thing to impair its validity or | ||
availability in the proceeding. | ||
(b) Discretionary termination conduct.
The Board may | ||
terminate an Illinois State Police officer upon a determination | ||
by the Board that the Illinois State Police officer has: | ||
(1) committed an act that would constitute a felony or | ||
misdemeanor which could serve as basis for automatic | ||
decertification, whether or not the law enforcement | ||
officer was criminally prosecuted, and whether or not the | ||
law enforcement officer's employment was terminated; | ||
(2) exercised excessive use of force; | ||
(3) failed to comply with the officer's duty to | ||
intervene, including through acts or omission; | ||
(4) tampered with a dash camera or body-worn camera or | ||
data recorded by a dash camera or body-worn camera or | ||
directed another to tamper with or turn off a dash camera | ||
or body-worn camera or data recorded by a dash camera or | ||
body-worn camera for the purpose of concealing, destroying | ||
or altering potential evidence; | ||
(5) engaged in the following conduct relating to the |
reporting, investigation, or prosecution of a crime: | ||
committed perjury, made a false statement, or knowingly | ||
tampered with or fabricated evidence; | ||
(6) engaged in any unprofessional, unethical, | ||
deceptive, or deleterious conduct or practice harmful to | ||
the public; such conduct or practice need not have resulted | ||
in actual injury to any person. As used in this paragraph, | ||
the term "unprofessional conduct" shall include any | ||
departure from, or failure to conform to, the minimal | ||
standards of acceptable and prevailing practice of an | ||
officer. | ||
(b) If an officer enters a plea of guilty, nolo contendere, | ||
stipulates to the facts or is found guilty of a violation of | ||
any law, or if there is any other Board or judicial | ||
determination that will support any punitive measure taken | ||
against the officer, such action by the officer or judicial | ||
entity may be considered for the purposes of this Section. | ||
Termination under this Section shall be by clear and convincing | ||
evidence. If the Board votes to terminate, the Board shall put | ||
its decision in writing, setting forth the specific reasons for | ||
its decision. Final decisions under this Section are reviewable | ||
under the Administrative Review Law. | ||
(c) The Illinois State Police Merit Board shall report all | ||
terminations under this Section to the Officer Misconduct | ||
Database, provided in Section 9.2 of the Illinois Police | ||
Training Act. |
(d) Nothing in this Act shall require an Illinois State | ||
Police officer to waive any applicable constitutional rights. | ||
(e) Nothing in this Section shall prohibit the Merit Board | ||
from administering discipline up to and including termination | ||
for violations of Illinois State Police policies and procedures | ||
pursuant to other sections of this Act. | ||
(20 ILCS 2610/40.1 new) | ||
Sec. 40.1. Mandated training compliance. The Director of | ||
the Illinois State Police and the Illinois State Police Academy | ||
shall ensure all Illinois State Police cadets and officers | ||
comply with all statutory, regulatory, and department mandated | ||
training. | ||
(20 ILCS 2610/46 new) | ||
Sec. 46. Officer Professional Conduct Database; reporting, | ||
transparency. | ||
(a) The Illinois State Police Merit Board shall be | ||
responsible for reporting all required information contained | ||
in the Officer Misconduct Database, provided in Section 9.2 of | ||
the Illinois Police Training Act. | ||
(b) Before the Illinois State Police Merit Board certifies | ||
any Illinois State Police Cadet the Board shall conduct a | ||
search of all Illinois State Police Cadet applicants in the | ||
Officer Professional Conduct Database. | ||
(c) The database, documents, materials, or other |
information in the possession or control of the Board that are | ||
obtained by or disclosed to the Board pursuant to this | ||
subsection shall be confidential by law and privileged, shall | ||
not be subject to subpoena, and shall not be subject to | ||
discovery or admissible in evidence in any private civil | ||
action. However, the Board is authorized to use such documents, | ||
materials, or other information in furtherance of any | ||
regulatory or legal action brought as part of the Board's | ||
official duties. Unless otherwise required by law, the Board | ||
shall not disclose the database or make such documents, | ||
materials, or other information public without the prior | ||
written consent of the governmental agency and the law | ||
enforcement officer. The Board nor any person who received | ||
documents, materials or other information shared pursuant to | ||
this subsection shall be required to testify in any private | ||
civil action concerning the database or any confidential | ||
documents, materials, or information subject to this | ||
subsection. | ||
Nothing in this Section shall exempt a governmental agency | ||
from disclosing public records in accordance with the Freedom | ||
of Information Act. | ||
Section 25-40. The Illinois Police Training Act is amended | ||
by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10, | ||
10.1, 10.2, 10.3, 10.7, 10.11, 10.12, 10.13, 10.16, 10.18, | ||
10.19, 10.20, and 10.22 and by adding Sections 3.1, 6.3, 6.6, |
6.7, 8.3, 8.4, 9.2, and 13 as follows:
| ||
(50 ILCS 705/2) (from Ch. 85, par. 502)
| ||
Sec. 2. Definitions. As used in this Act, unless the | ||
context otherwise
requires:
| ||
"Board" means the Illinois Law Enforcement Training | ||
Standards Board.
| ||
"Full-time law enforcement officer" means a law | ||
enforcement officer who has completed the officer's | ||
probationary period and is employed on a full-time basis as a | ||
law enforcement officer by a local government agency, State | ||
government agency, or as a campus police officer by a | ||
participating State-controlled university, college, or public | ||
community college. | ||
"Governmental agency" means any local governmental agency | ||
and any State governmental agency. | ||
"Local governmental agency" means any local governmental | ||
unit or
municipal corporation in this State. It does not | ||
include the State of
Illinois or any office, officer, | ||
department, division, bureau, board,
commission, or agency of | ||
the State, except that it does include a
State-controlled | ||
university, college or public community college.
| ||
"State governmental agency" means any governmental unit of | ||
this State. This includes any office, officer, department, | ||
division, bureau, board, commission, or agency of the State. It | ||
does not include the Illinois State Police as defined in the |
State Police Act. | ||
"Panel" means the Certification Review Panel. | ||
"Police training school" means any school located within | ||
the State of
Illinois whether privately or publicly owned which | ||
offers a course in
police or county corrections training and | ||
has been approved by the Board.
| ||
"Probationary police officer" means a recruit law | ||
enforcement officer
required to successfully complete initial | ||
minimum basic training requirements
at a police training school | ||
to be eligible for permanent full-time
employment as a local | ||
law enforcement officer.
| ||
"Probationary part-time police officer" means a recruit | ||
part-time law
enforcement officer required to successfully | ||
complete initial minimum part-time
training requirements to be | ||
eligible for employment on a part-time basis as a
local law | ||
enforcement officer.
| ||
"Permanent law enforcement police officer" means a law | ||
enforcement officer who has
completed the officer's his or her | ||
probationary period and is permanently employed on a
full-time | ||
basis as a local law enforcement officer by a participating | ||
local
governmental unit or as a security officer or campus | ||
police officer policeman permanently
employed by a | ||
participating State-controlled university, college, or public
| ||
community college.
| ||
"Part-time law enforcement police officer" means a law | ||
enforcement officer who has
completed the officer's his or her |
probationary period and is employed on a part-time basis
as a | ||
law enforcement officer by a participating unit of local | ||
government or as
a campus police officer policeman by a | ||
participating State-controlled university, college, or
public | ||
community college.
| ||
"Law enforcement officer" means (i) any police officer of a | ||
local governmental
agency who is primarily responsible for
| ||
prevention or detection of crime and the enforcement of the | ||
criminal code,
traffic, or highway laws of this State or any | ||
political subdivision
of this State or (ii) any member of a | ||
police force appointed and maintained as provided in Section 2 | ||
of the Railroad Police Act.
| ||
"Recruit" means any full-time or part-time law
enforcement | ||
officer or
full-time
county corrections officer who is enrolled | ||
in an
approved training course.
| ||
"Probationary county corrections officer" means a recruit | ||
county
corrections officer required to successfully complete | ||
initial minimum basic
training requirements at a police | ||
training school to be eligible for permanent
employment on a | ||
full-time basis as a county corrections officer.
| ||
"Permanent county corrections officer" means a county | ||
corrections
officer who has completed the officer's his | ||
probationary period and is permanently employed
on a full-time | ||
basis as a county corrections officer by a participating
local | ||
governmental unit.
| ||
"County corrections officer" means any sworn
officer of the |
sheriff who is primarily responsible for the control and | ||
custody
of offenders, detainees or inmates.
| ||
"Probationary court security officer" means a recruit | ||
court security
officer required to successfully complete | ||
initial minimum basic training
requirements at a designated | ||
training school to be eligible for employment as a
court | ||
security officer.
| ||
"Permanent court security officer" means a court security | ||
officer who has
completed the officer's his or her probationary | ||
period and is employed as a court
security officer by a | ||
participating local governmental unit.
| ||
"Court security officer" has the meaning ascribed to it in | ||
Section 3-6012.1
of the Counties Code.
| ||
(Source: P.A. 94-846, eff. 1-1-07.)
| ||
(50 ILCS 705/3) (from Ch. 85, par. 503)
| ||
Sec. 3. Board - composition - appointments - tenure - | ||
vacancies. | ||
(a) The Board
shall be composed of 18 members selected as | ||
follows: The Attorney
General of
the State of Illinois, the | ||
Director of State Police, the Director of
Corrections, the | ||
Superintendent of the
Chicago Police Department, the Sheriff of | ||
Cook County, the Clerk of the Circuit Court of Cook County, who | ||
shall serve as ex officio members, and the following
to be | ||
appointed by the Governor: 2 mayors or village presidents of | ||
Illinois
municipalities, 2 Illinois county sheriffs from |
counties other than Cook
County, 2 managers of Illinois | ||
municipalities, 2 chiefs of municipal police
departments in | ||
Illinois having no Superintendent of the Police Department on
| ||
the Board, 2 citizens of Illinois who shall be members of
an | ||
organized enforcement officers' association, one active member | ||
of a statewide association representing sheriffs, and one | ||
active member of a statewide association representing | ||
municipal police chiefs. The appointments of the Governor
shall | ||
be made on the first Monday of August in 1965 with 3 of the | ||
appointments
to be for a period of one year, 3 for 2 years, and | ||
3 for 3 years. Their
successors shall be appointed in like | ||
manner for terms to expire the first
Monday of August each 3 | ||
years thereafter. All members shall serve until their
| ||
respective successors are appointed and qualify. Vacancies | ||
shall be filled by
the Governor for the unexpired terms. Any ex | ||
officio member may appoint a designee to the Board who shall | ||
have the same powers and immunities otherwise conferred to the | ||
member of the Board, including the power to vote and be counted | ||
toward quorum, so long as the member is not in attendance. | ||
(b) When a Board member may have an actual, perceived, | ||
or potential conflict of interest or appearance of bias that | ||
could prevent the Board member from making a fair and impartial | ||
decision regarding decertification: | ||
(1) The Board member shall recuse himself or herself. | ||
(2) If the Board member fails to recuse himself or | ||
herself, then the Board may, by a simple majority of the |
remaining members, vote to recuse the Board member. Board | ||
members who are found to have voted on a matter in which | ||
they should have recused themselves may be removed from the | ||
Board by the Governor. | ||
A conflict of interest or appearance of bias may include, | ||
but is not limited to, matters where one of the following is a | ||
party to a decision on a decertification or formal complaint: | ||
someone with whom the member has an employment relationship; | ||
any of the following relatives: spouse, parents, children, | ||
adopted children, legal wards, stepchildren, step parents, | ||
step siblings, half siblings, siblings, parents-in-law, | ||
siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||
nephews; a friend; or a member of a professional organization, | ||
association, or a union in which the member now actively | ||
serves. | ||
(c) A vacancy in members does not prevent a quorum of the | ||
remaining sitting members from exercising all rights and | ||
performing all duties of the Board. | ||
(d) An individual serving on the Board shall not also serve | ||
on the Panel.
| ||
(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
| ||
(50 ILCS 705/3.1 new) | ||
Sec. 3.1. Illinois Law Enforcement Certification Review | ||
Panel. | ||
(a) There is hereby created the Illinois Law Enforcement |
Certification Review Panel. The Panel shall be composed of the | ||
following members, to be appointed in accordance with this | ||
Section no later than 30 days after the effective date of this | ||
amendatory Act of the 101st General Assembly. An individual | ||
serving on the Panel shall not also serve on the Board. | ||
(1) The Governor shall appoint 3 members as prescribed | ||
in this paragraph (1): one person who shall be an active | ||
member from a statewide association representing State's | ||
Attorneys; and 2 persons who shall be Illinois residents | ||
who are from communities with disproportionately high | ||
instances of interaction with law enforcement, as | ||
indicated by a high need, underserved community with high | ||
rates of gun violence, unemployment, child poverty, and | ||
commitments to Illinois Department of Corrections, but who | ||
are not themselves law enforcement officers. The initial | ||
appointments of the Governor shall be for a period of 3 | ||
years. Their successors shall be appointed in like manner | ||
for terms to expire the first Monday of June each 3 years | ||
thereafter. All members shall serve until their respective | ||
successors are appointed and qualify. Vacancies shall be | ||
filled by the Governor for the unexpired terms. Terms shall | ||
run regardless of whether the position is vacant. | ||
(2) The Attorney General shall appoint 8 members as | ||
prescribed in this paragraph (2): two persons who shall be | ||
active members of statewide organization representing more | ||
than 20,000 active and retired law enforcement officers; |
one person who shall be an active member of a statewide | ||
association representing a minimum of 75 sheriffs; one | ||
person who shall be an active member of a statewide | ||
association representing at least 200 municipal police | ||
chiefs; two persons who shall be active members of a | ||
minority law enforcement association; one person who shall | ||
be a representative of the victims' advocacy community but | ||
shall not be a member of law enforcement; and one person | ||
who shall be a resident of Illinois and shall not be an | ||
employee of the Office of the Illinois Attorney General. | ||
The members shall serve for a 3-year term and until their | ||
respective successors are appointed and qualify. The | ||
members' successors shall be appointed in like manner for | ||
terms to expire the first Monday of June each 3 years | ||
thereafter. Any vacancy of these positions shall be filled | ||
by the Attorney General for the unexpired term. The term | ||
shall run regardless of whether the position is vacant. | ||
(b) The Panel shall annually elect by a simple majority | ||
vote one of its members as chairperson and one of its members | ||
as vice-chairperson. The vice-chairperson shall serve in the | ||
place of the chairperson at any meeting of the Panel in which | ||
the chairperson is not present. If both the chairperson and the | ||
vice-chairperson are absent at any meeting, the members present | ||
shall elect by a simple majority vote another member to serve | ||
as a temporary chairperson for the limited purpose of that | ||
meeting. No member shall be elected more than twice in |
succession to the same office. Each member shall serve until | ||
that member's successor has been elected and qualified. | ||
(c) The Board shall provide administrative assistance to | ||
the Panel. | ||
(d) The members of the Panel shall serve without | ||
compensation but shall be entitled to reimbursement for their | ||
actual and necessary expenses in attending meetings and in the | ||
performance of their duties hereunder. | ||
(e) Members of the Panel will receive initial and annual | ||
training that is adequate in quality, quantity, scope, and | ||
type, and will cover, at minimum the following topics: | ||
(1) constitutional and other relevant law on | ||
police-community encounters, including the law on the use | ||
of force and stops, searches, and arrests; | ||
(2) police tactics; | ||
(3) investigations of police conduct; | ||
(4) impartial policing; | ||
(5) policing individuals in crisis; | ||
(6) Illinois police policies, procedures, and | ||
disciplinary rules; | ||
(7) procedural justice; and | ||
(8) community outreach. | ||
(f) The State shall indemnify and hold harmless members of | ||
the Panel for all of their acts, omissions, decisions, or other | ||
conduct
arising out of the scope of their service on the Panel, | ||
except those involving willful or wanton misconduct. The method |
of providing indemnification shall be as provided in the State | ||
Employee Indemnification Act. | ||
(g) When a Panel member may have an actual, perceived, or | ||
potential conflict of interest or appearance of bias that could | ||
prevent the Panel member from making a fair and impartial | ||
decision on a complaint or formal complaint: | ||
(1) The Panel member shall recuse himself or herself. | ||
(2) If the Panel member fails to recuse himself or | ||
herself, then the remaining members of the Panel may, by a | ||
simple majority, vote to recuse the Panel member. Any Panel | ||
member who is found to have voted on a matter in which they | ||
should have recused themselves may be removed from the | ||
Panel by the State official who initially appointed the | ||
Panel member. A conflict of interest or appearance of bias | ||
may include, but is not limited to, matters where one of | ||
the following is a party to a certification decision for | ||
formal complaint: someone with whom the member has an | ||
employment relationship; any of the following relatives: | ||
spouse, parents, children, adopted children, legal wards, | ||
stepchildren, stepparents, step siblings, half siblings, | ||
siblings, parents-in-law, siblings-in-law, | ||
children-in-law, aunts, uncles, nieces, and nephews; a | ||
friend; or a member of a professional organization, | ||
association, or a union in which the member now actively | ||
serves. | ||
(h) A vacancy in membership does not impair the ability of |
a quorum to exercise all rights and perform all duties of the | ||
Panel.
| ||
(50 ILCS 705/6) (from Ch. 85, par. 506)
| ||
Sec. 6. Powers and duties of the Board; selection and | ||
certification of schools. The Board shall select
and certify | ||
schools within the State of
Illinois for the purpose of | ||
providing basic training for probationary law enforcement
| ||
police officers, probationary county corrections officers, and
| ||
court security officers and
of providing advanced or in-service | ||
training for permanent law enforcement police officers
or | ||
permanent
county corrections officers, which schools may be | ||
either publicly or
privately owned and operated. In addition, | ||
the Board has the following
power and duties:
| ||
a. To require local governmental units , to furnish such | ||
reports and
information as the Board deems necessary to | ||
fully implement this Act.
| ||
b. To establish appropriate mandatory minimum | ||
standards
relating to the training of probationary local | ||
law enforcement officers
or probationary county | ||
corrections officers, and in-service training of permanent | ||
law enforcement police officers.
| ||
c. To provide appropriate certification to those | ||
probationary
officers who successfully complete the | ||
prescribed minimum standard basic
training course.
| ||
d. To review and approve annual training curriculum for |
county sheriffs.
| ||
e. To review and approve applicants to ensure that no | ||
applicant is admitted
to a certified academy unless the | ||
applicant is a person of good character
and has not been | ||
convicted of, found guilty of, or entered a plea of guilty | ||
to, or entered a plea of nolo contendere to a felony | ||
offense, any of the
misdemeanors in Sections 11-1.50, 11-6, | ||
11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-17, 11-19, | ||
11-30, 12-2, 12-3.2, 12-3.5, 12-15, 16-1,
17-1, 17-2, | ||
26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||
violation of any Section of Part E of Title III of the | ||
Criminal Code of 1961 or the Criminal Code of 2012, 31-1, | ||
31-6, 31-7, 32-4a, or 32-7 of the Criminal Code
of
1961 or | ||
the Criminal Code of 2012, subdivision (a)(1) or (a)(2)(C) | ||
of Section 11-14.3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012, or subsection (a) of Section 17-32 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, | ||
or Section 5 or 5.2 of the Cannabis Control Act, or a crime | ||
involving
moral
turpitude under the laws of this State or | ||
any other state which if
committed in this State would be | ||
punishable as a felony or a crime of
moral turpitude , or | ||
any felony or misdemeanor in violation of federal law or | ||
the law of any state that is the equivalent of any of the | ||
offenses specified therein . The Board may appoint | ||
investigators who shall enforce
the duties conferred upon | ||
the Board by this Act.
|
f. For purposes of this paragraph (e), a person is | ||
considered to have been "convicted of, found guilty of, or | ||
entered a plea of guilty to, plea of nolo contendere to" | ||
regardless of whether the adjudication of guilt or sentence | ||
is withheld or not entered thereon. This includes sentences | ||
of supervision, conditional discharge, or first offender | ||
probation, or any similar disposition provided for by law. | ||
g. To review and ensure all law enforcement officers | ||
remain in compliance with this Act, and any administrative | ||
rules adopted under this Act. | ||
h. To suspend any certificate for a definite period, | ||
limit or restrict any certificate, or revoke any | ||
certificate. | ||
i. The Board and the Panel shall have power to secure | ||
by its subpoena and bring before it any person or entity in | ||
this State and to take testimony either orally or by | ||
deposition or both with the same fees and mileage and in | ||
the same manner as prescribed by law in judicial | ||
proceedings in civil cases in circuit courts of this State. | ||
The Board and the Panel shall also have the power to | ||
subpoena the production of documents, papers, files, | ||
books, documents, and records, whether in physical or | ||
electronic form, in support of the charges and for defense, | ||
and in connection with a hearing or investigation. | ||
j. The Executive Director, the administrative law | ||
judge designated by the Executive Director, and each member |
of the Board and the Panel shall have the power to | ||
administer oaths to witnesses at any hearing that the Board | ||
is authorized to conduct under this Act and any other oaths | ||
required or authorized to be administered by the Board | ||
under this Act. | ||
k. In case of the neglect or refusal of any person to | ||
obey a subpoena issued by the Board and the Panel, any | ||
circuit court, upon application of the Board and the Panel, | ||
through the Illinois Attorney General, may order such | ||
person to appear before the Board and the Panel give | ||
testimony or produce evidence, and any failure to obey such | ||
order is punishable by the court as a contempt thereof. | ||
This order may be served by personal delivery, by email, or | ||
by mail to the address of record or email address of | ||
record. | ||
l. The Board shall have the power to administer state | ||
certification examinations. Any and all records related to | ||
these examinations, including but not limited to test | ||
questions, test formats, digital files, answer responses, | ||
answer keys, and scoring information shall be exempt from | ||
disclosure. | ||
(Source: P.A. 101-187, eff. 1-1-20 .)
| ||
(50 ILCS 705/6.1)
| ||
Sec. 6.1. Automatic Decertification of full-time and | ||
part-time law enforcement police officers.
|
(a) The Board must review law enforcement police officer | ||
conduct and records to ensure that
no law enforcement
police | ||
officer is certified
or provided a valid waiver if that law | ||
enforcement police officer has been convicted of, found guilty | ||
of, or entered a plea of guilty to, or entered a plea of nolo | ||
contendere to, a
felony offense under the laws of this
State or | ||
any other state which if committed in this State would be | ||
punishable
as a felony. The Board must also
ensure that no law | ||
enforcement police officer is certified or provided a valid | ||
waiver if that law enforcement
police officer has been | ||
convicted of, found guilty of, or entered a plea of guilty to, | ||
on or
after the effective date of this amendatory Act of the | ||
101st General Assembly 1999 of any misdemeanor
specified in | ||
this Section or if
committed in any other state would be an | ||
offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
| ||
11-9.1, 11-14, 11-14.1, 11-17, 11-19, 11-30, 12-2, 12-3.2, | ||
12-3.5, 12-15, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, | ||
29-1, any misdemeanor in violation of any section of Part E of | ||
Title III of the Criminal Code of 1961 or the Criminal Code of | ||
2012 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
Criminal
Code of | ||
1961 or the Criminal Code of 2012 , to subdivision (a)(1) or | ||
(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or | ||
the Criminal Code of 2012, or subsection (a) of Section 17-32 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||
to Section 5 or
5.2 of the Cannabis Control Act , or any felony | ||
or misdemeanor in violation of federal law or the law of any |
state that is the equivalent of any of the offenses specified | ||
therein . The Board must appoint investigators to
enforce the | ||
duties conferred upon the
Board by this Act.
| ||
(a-1) For purposes of this Section, a person is "convicted | ||
of, or entered a plea of guilty to, plea of nolo contendere to, | ||
found guilty of" regardless of whether the adjudication of | ||
guilt or sentence is withheld or not entered thereon. This | ||
includes sentences of supervision, conditional discharge, or | ||
first offender probation, or any similar disposition provided | ||
for by law. | ||
(b) It is the responsibility of the sheriff or the chief | ||
executive officer
of every governmental local law enforcement
| ||
agency or department within this State to report to the Board | ||
any arrest,
conviction, finding of guilt, or plea of guilty , or | ||
plea of nolo contendere to, of any officer for an
offense | ||
identified in this Section , regardless of whether the | ||
adjudication of guilt or sentence is withheld or not entered | ||
thereon, this includes sentences of supervision, conditional | ||
discharge, or first offender probation .
| ||
(c) It is the duty and responsibility of every full-time | ||
and part-time law enforcement
police officer in this State to | ||
report to
the Board within 14 30 days, and the officer's | ||
sheriff or chief executive officer,
of the officer's his or her | ||
arrest, conviction, found guilty of, or plea of guilty for
an | ||
offense identified in this Section. Any full-time or part-time | ||
law enforcement police
officer who knowingly makes, submits,
|
causes to be submitted, or files a false or untruthful report | ||
to the Board must
have the officer's his or her certificate or | ||
waiver
immediately decertified or revoked.
| ||
(d) Any person, or a local or State agency, or the Board is | ||
immune from
liability for submitting,
disclosing, or releasing | ||
information of arrests, convictions, or pleas of guilty in this | ||
Section
as long as the information is
submitted, disclosed, or | ||
released in good faith and without malice. The Board
has | ||
qualified immunity for the
release of the information.
| ||
(e) Any full-time or part-time law enforcement police | ||
officer with a certificate or waiver
issued by the Board who is
| ||
convicted of, found guilty of, or entered a plea of guilty to, | ||
or entered a plea of nolo contendere to any offense described | ||
in this Section immediately becomes
decertified or no longer | ||
has a valid
waiver. The decertification and invalidity of | ||
waivers occurs as a matter of
law. Failure of a convicted | ||
person to
report to the Board the officer's his or her | ||
conviction as described in this Section or any
continued law | ||
enforcement practice
after receiving a conviction is a Class 4 | ||
felony.
| ||
For purposes of this Section, a person is considered to | ||
have been "convicted of, found guilty of, or entered a plea of | ||
guilty to, plea of nolo contendere to" regardless of whether | ||
the adjudication of guilt or sentence is withheld or not | ||
entered thereon, including sentences of supervision, | ||
conditional discharge, first offender probation, or any |
similar disposition as provided for by law. | ||
(f) The Board's investigators shall be law enforcement | ||
officers as defined in Section 2 of this Act are peace officers | ||
and have all the powers
possessed by policemen in cities
and by | ||
sheriff's, and these investigators may exercise those powers
| ||
anywhere in the State.
An investigator shall not have peace | ||
officer status or exercise police powers unless he or she | ||
successfully completes the basic police training course | ||
mandated and approved by the Board or the Board waives the | ||
training requirement by reason of the investigator's prior law | ||
enforcement experience, training, or both . The Board shall not | ||
waive the training requirement unless the investigator has had | ||
a minimum of 5 years experience as a sworn officer of a local, | ||
State, or federal law enforcement agency. An investigator shall | ||
not have been terminated for good cause, decertified, had his | ||
or her law enforcement license or certificate revoked in this | ||
or any other jurisdiction, or been convicted of any of the | ||
conduct listed in subsection (a). Any complaint filed against | ||
the Board's investigators shall be investigated by the Illinois | ||
State Police.
| ||
(g) The Board must request and receive information and | ||
assistance from any
federal, state, or local
governmental | ||
agency as part of the authorized criminal background
| ||
investigation. The Department of State Police must process, | ||
retain, and
additionally
provide
and disseminate information | ||
to the Board concerning criminal charges, arrests,
|
convictions, and their disposition, that have
been filed | ||
before, on, or after the effective date of this amendatory Act | ||
of
the 91st General Assembly against a basic academy applicant, | ||
law enforcement
applicant, or law enforcement officer whose | ||
fingerprint identification cards
are on file or maintained by | ||
the Department of State Police. The Federal
Bureau
of
| ||
Investigation must provide the Board any criminal history | ||
record information
contained in its files pertaining to law
| ||
enforcement officers or any applicant to a Board certified | ||
basic law
enforcement academy as described in this Act
based on | ||
fingerprint identification. The Board must make payment of fees | ||
to the
Department of State Police for each
fingerprint card | ||
submission in conformance with the requirements of paragraph
22 | ||
of Section 55a of the Civil
Administrative Code of Illinois.
| ||
(h) (Blank). A police officer who has been certified or | ||
granted a valid waiver
shall
also be decertified or have his or | ||
her waiver revoked upon a determination by
the Illinois Labor | ||
Relations
Board State Panel
that
he or she, while under oath, | ||
has knowingly and willfully made false statements
as
to a | ||
material fact going to an element of the offense of murder. If | ||
an appeal
is filed, the determination shall be stayed.
| ||
(1) In the case of an acquittal on a charge of murder, | ||
a verified
complaint may be filed:
| ||
(A) by the defendant; or
| ||
(B) by a police officer with personal knowledge of | ||
perjured
testimony.
|
The complaint must allege that a police officer, while | ||
under oath, knowingly
and
willfully made false statements | ||
as to a material fact going to an element of
the
offense of | ||
murder. The verified complaint must be filed with the | ||
Executive
Director of the Illinois Law Enforcement | ||
Training Standards Board within 2
years of the judgment of | ||
acquittal.
| ||
(2) Within 30 days, the Executive Director of the | ||
Illinois Law Enforcement
Training
Standards Board shall | ||
review the verified complaint and determine whether the
| ||
verified complaint is frivolous and without merit, or | ||
whether further
investigation is
warranted. The Illinois | ||
Law Enforcement Training Standards Board shall notify
the | ||
officer and the Executive Director of the Illinois Labor | ||
Relations Board
State Panel of the filing of the complaint | ||
and any action taken thereon. If the
Executive Director of | ||
the Illinois Law Enforcement Training
Standards Board | ||
determines that the verified complaint is frivolous and | ||
without
merit, it shall be dismissed. The Executive | ||
Director of the Illinois Law
Enforcement Training | ||
Standards Board has sole discretion to make this
| ||
determination and this decision is not subject to appeal.
| ||
(i) (Blank). If the Executive Director of the Illinois Law | ||
Enforcement Training
Standards Board determines that the | ||
verified complaint warrants further
investigation, he or she | ||
shall refer the matter to a task force of
investigators
created |
for this purpose. This task force shall consist of 8 sworn | ||
police
officers: 2
from the Illinois State Police, 2 from the | ||
City of Chicago Police Department, 2
from county police | ||
departments, and 2 from municipal police departments.
These | ||
investigators shall have a minimum of 5 years of experience in | ||
conducting
criminal investigations. The investigators shall be | ||
appointed by the Executive
Director of the Illinois Law | ||
Enforcement Training Standards Board. Any officer
or officers | ||
acting in this capacity pursuant to this statutory provision | ||
will
have
statewide police authority while acting in this | ||
investigative capacity. Their
salaries
and expenses for the | ||
time spent conducting investigations under this paragraph
| ||
shall be reimbursed by the Illinois Law Enforcement Training | ||
Standards Board.
| ||
(j) (Blank). Once the Executive Director of the Illinois | ||
Law Enforcement Training
Standards Board has determined that an | ||
investigation is warranted, the verified
complaint shall be | ||
assigned to an investigator or investigators. The
investigator
| ||
or investigators shall conduct an investigation of the verified | ||
complaint and
shall
write a report of his or her findings. This | ||
report shall be submitted to the
Executive Director of the | ||
Illinois Labor Relations Board State Panel.
| ||
Within 30 days, the Executive Director of the Illinois | ||
Labor Relations Board
State Panel
shall review the | ||
investigative report and determine whether sufficient evidence
| ||
exists to
conduct an evidentiary hearing on the verified |
complaint. If the Executive
Director of the Illinois Labor | ||
Relations Board State Panel determines upon his
or
her review | ||
of the investigatory report that a hearing should not be | ||
conducted,
the
complaint shall be dismissed. This decision is | ||
in the Executive Director's sole
discretion, and this dismissal | ||
may not be appealed.
| ||
If the Executive Director of the Illinois Labor Relations | ||
Board
State Panel
determines that there is sufficient evidence | ||
to warrant a hearing, a hearing
shall
be ordered on the | ||
verified complaint, to be conducted by an administrative law
| ||
judge employed by the Illinois Labor Relations Board State | ||
Panel. The Executive
Director of the Illinois Labor Relations | ||
Board State Panel shall inform the
Executive Director of the | ||
Illinois Law Enforcement Training Standards Board and
the | ||
person who filed the complaint of either the dismissal of the | ||
complaint or
the
issuance of the complaint for hearing.
The | ||
Executive Director shall assign the complaint to the
| ||
administrative law judge within 30 days
of the
decision | ||
granting a hearing.
| ||
(k) (Blank). In the case of a finding of guilt on the | ||
offense of murder, if a new
trial
is
granted on direct appeal, | ||
or a state post-conviction evidentiary hearing is
ordered, | ||
based on a claim that a police officer, under oath, knowingly | ||
and
willfully made false statements as to a material fact going | ||
to an element of
the
offense of murder, the Illinois Labor | ||
Relations Board State Panel shall hold a
hearing
to
determine |
whether the officer should be decertified if an interested | ||
party
requests such a hearing within 2 years of the court's | ||
decision. The complaint
shall be assigned to an administrative | ||
law judge within 30 days so that a
hearing can be scheduled.
| ||
At the hearing, the accused officer shall be afforded the | ||
opportunity to:
| ||
(1) Be represented by counsel of his or her own | ||
choosing;
| ||
(2) Be heard in his or her own defense;
| ||
(3) Produce evidence in his or her defense;
| ||
(4) Request that the Illinois Labor Relations Board | ||
State Panel compel the
attendance of witnesses and | ||
production of related documents including but not
limited | ||
to court documents and records.
| ||
Once a case has been set for hearing, the verified | ||
complaint shall be
referred to the Department of Professional | ||
Regulation. That office shall
prosecute the verified complaint | ||
at the hearing before the administrative law
judge. The | ||
Department of Professional Regulation shall have the | ||
opportunity to
produce evidence to support the verified | ||
complaint and to request the Illinois
Labor
Relations Board | ||
State Panel to compel the attendance of witnesses and the
| ||
production of related documents, including, but not limited to, | ||
court documents
and records. The Illinois Labor Relations Board | ||
State Panel shall have the
power
to issue subpoenas requiring | ||
the attendance of and testimony of witnesses and
the production |
of related documents including, but not limited to, court
| ||
documents and records and shall have the power to administer | ||
oaths.
| ||
The administrative law judge shall have the responsibility | ||
of receiving into
evidence relevant testimony and documents, | ||
including court records, to support
or disprove the allegations | ||
made by the person filing the verified complaint
and,
at the | ||
close of the case, hear arguments. If the administrative law | ||
judge finds
that there is not clear and convincing evidence to | ||
support the verified
complaint
that the police officer has, | ||
while under oath, knowingly and willfully made
false
statements | ||
as to a material fact going to an element of the offense of | ||
murder,
the
administrative law judge shall make a written | ||
recommendation of dismissal to
the
Illinois Labor Relations | ||
Board State Panel. If the administrative law judge
finds
that | ||
there is clear and convincing evidence that the police officer | ||
has, while
under
oath, knowingly and willfully made false | ||
statements as to a material fact that
goes to an element of the | ||
offense of murder, the administrative law judge shall
make a | ||
written recommendation so concluding to the Illinois Labor | ||
Relations
Board State Panel. The hearings shall be transcribed.
| ||
The Executive
Director of the Illinois Law Enforcement Training | ||
Standards Board shall be
informed of the
administrative law | ||
judge's recommended findings and decision and the Illinois
| ||
Labor Relations Board State Panel's subsequent review of the | ||
recommendation.
|
(l) (Blank). An officer named in any complaint filed | ||
pursuant to this Act shall be
indemnified for his or her | ||
reasonable attorney's fees and costs by his or her
employer. | ||
These fees shall be paid in a regular and timely manner. The | ||
State,
upon application by the public employer, shall reimburse | ||
the public employer
for
the accused officer's reasonable | ||
attorney's fees and costs. At no time and
under
no | ||
circumstances will the accused officer be required to pay his | ||
or her own
reasonable attorney's fees or costs.
| ||
(m) (Blank). The accused officer shall not be placed on | ||
unpaid status because of
the filing or processing of the | ||
verified complaint until there is a final
non-appealable order | ||
sustaining his or her guilt and his or her certification
is
| ||
revoked.
Nothing in this Act, however, restricts the public | ||
employer from pursuing
discipline against the officer in the | ||
normal course and under procedures then
in
place.
| ||
(n) (Blank). The Illinois Labor Relations Board State Panel | ||
shall review the
administrative law judge's recommended | ||
decision and order and determine by a
majority vote whether or | ||
not there was clear and convincing evidence that the
accused | ||
officer, while under oath, knowingly and willfully made false
| ||
statements
as to a material fact going to the offense of | ||
murder. Within 30 days of service
of
the administrative law | ||
judge's recommended decision and order, the parties may
file | ||
exceptions to the recommended decision and order and briefs in | ||
support of
their exceptions with the Illinois Labor Relations |
Board State Panel. The
parties
may file responses to the | ||
exceptions and briefs in support of the responses no
later than | ||
15 days after the service of the exceptions. If exceptions are | ||
filed
by
any of the parties, the Illinois Labor Relations Board | ||
State Panel shall review
the
matter and make a finding to | ||
uphold, vacate, or modify the recommended
decision and order. | ||
If the Illinois Labor Relations Board State Panel concludes
| ||
that there is clear and convincing evidence that the accused | ||
officer, while
under
oath, knowingly and willfully made false | ||
statements as to a material fact going
to
an element of the | ||
offense murder, the Illinois Labor Relations Board State
Panel
| ||
shall inform the Illinois Law Enforcement Training Standards | ||
Board and the
Illinois Law Enforcement Training Standards Board | ||
shall revoke the accused
officer's certification. If the | ||
accused officer appeals that determination to
the
Appellate | ||
Court, as provided by this Act, he or she may petition the | ||
Appellate
Court to stay the revocation of his or her | ||
certification pending the court's
review
of the matter.
| ||
(o) (Blank). None of the Illinois Labor Relations Board | ||
State Panel's findings or
determinations shall set any | ||
precedent in any of its decisions decided pursuant
to the | ||
Illinois Public Labor Relations Act by the Illinois Labor | ||
Relations
Board
State
Panel or the courts.
| ||
(p) (Blank). A party aggrieved by the final order of the | ||
Illinois Labor Relations
Board State Panel may apply for and | ||
obtain judicial review of an order of the
Illinois Labor |
Relations Board State Panel, in accordance with the provisions
| ||
of
the Administrative Review Law, except that such judicial | ||
review shall be
afforded
directly in the Appellate Court for | ||
the district in which the accused officer
resides.
Any direct | ||
appeal to the Appellate Court shall be filed within 35 days | ||
from the
date that a copy of the decision sought to be reviewed | ||
was served upon the
party
affected by the decision.
| ||
(q) (Blank). Interested parties. Only interested parties | ||
to the criminal prosecution
in
which the police officer | ||
allegedly, while under oath, knowingly and willfully
made
false | ||
statements as to a material fact going to an element of the | ||
offense of
murder may file a verified complaint pursuant to | ||
this Section. For purposes of
this Section, "interested | ||
parties" shall be limited to the defendant and any
police
| ||
officer who has personal knowledge that the police officer who | ||
is the subject
of
the complaint has, while under oath, | ||
knowingly and willfully made false
statements
as
to a material | ||
fact going to an element of the offense of murder.
| ||
(r) (Blank). Semi-annual reports. The Executive Director | ||
of the Illinois Labor
Relations Board shall submit semi-annual | ||
reports to the Governor, President,
and
Minority Leader of the | ||
Senate, and to the Speaker and Minority Leader of the
House
of | ||
Representatives beginning on June 30, 2004, indicating:
| ||
(1) the number of verified complaints received since | ||
the date of the
last
report;
| ||
(2) the number of investigations initiated since the |
date of the last
report;
| ||
(3) the number of investigations concluded since the | ||
date of the last
report;
| ||
(4) the number of investigations pending as of the | ||
reporting date;
| ||
(5) the number of hearings held since the date of the | ||
last report; and
| ||
(6) the number of officers decertified since the date | ||
of the last
report.
| ||
(Source: P.A. 101-187, eff. 1-1-20 .)
| ||
(50 ILCS 705/6.3 new) | ||
Sec. 6.3. Discretionary decertification of full-time and | ||
part-time law enforcement officers. | ||
(a) Definitions. For purposes of this Section 6.3: | ||
"Duty to Intervene" means an obligation to intervene to | ||
prevent harm from occurring that arises when: an officer is | ||
present, and has reason to know (1) that excessive force is | ||
being used or that any constitutional violation has been | ||
committed by a law enforcement official; and (2) the officer | ||
has a realistic opportunity to intervene. This duty applies | ||
equally to supervisory and nonsupervisory officers. If aid is | ||
required, the officer shall not, when reasonable to administer | ||
aid, knowingly and willingly refuse to render aid as defined by | ||
State or federal law. An officer does not violate this duty if | ||
the failure to render aid is due to circumstances such as lack |
of appropriate specialized training, lack of resources or | ||
equipment, or if it is unsafe or impracticable to render aid. | ||
"Excessive use of force" means using force in violation of | ||
State or federal law. | ||
"False statement" means (1) any knowingly false statement | ||
provided on a form or report, (2) that the writer does not | ||
believe to be true, and (3) that the writer includes to mislead | ||
a public servant in performing the public servant's official | ||
functions. | ||
"Perjury" means that as defined under Sections 32-2 and | ||
32-3 of the Criminal Code of 2012. | ||
"Tampers with or fabricates evidence" means if a law | ||
enforcement officer (1) has reason to believe that an official | ||
proceeding is pending or may be instituted, and (2) alters, | ||
destroys, conceals, or removes any record, document, data, | ||
video or thing to impair its validity or availability in the | ||
proceeding. | ||
(b) Decertification conduct.
The Board has the authority to | ||
decertify a full-time or a part-time law enforcement officer | ||
upon a determination by the Board that the law enforcement | ||
officer has: | ||
(1) committed an act that would constitute a felony or | ||
misdemeanor which could serve as basis for automatic | ||
decertification, whether or not the law enforcement | ||
officer was criminally prosecuted, and whether or not the | ||
law enforcement officer's employment was terminated; |
(2) exercised excessive use of force; | ||
(3) failed to comply with the officer's duty to | ||
intervene, including through acts or omissions; | ||
(4) tampered with a dash camera or body-worn camera or | ||
data recorded by a dash camera or body-worn camera or | ||
directed another to tamper with or turn off a dash camera | ||
or body-worn camera or data recorded by a dash camera or | ||
body-worn camera for the purpose of concealing, destroying | ||
or altering potential evidence; | ||
(5) engaged in the following conduct relating to the | ||
reporting, investigation, or prosecution of a crime: | ||
committed perjury, made a false statement, or knowingly | ||
tampered with or fabricated evidence; and | ||
(6) engaged in any unprofessional, unethical, | ||
deceptive, or deleterious conduct or practice harmful to | ||
the public; such conduct or practice need not have resulted | ||
in actual injury to any person. As used in this paragraph, | ||
the term "unprofessional conduct" shall include any | ||
departure from, or failure to conform to, the minimal | ||
standards of acceptable and prevailing practice of an | ||
officer. | ||
(c) Notice of Alleged Violation. | ||
(1) The following individuals and agencies shall | ||
notify the Board within 7 days of becoming aware of any | ||
violation described in subsection (b): | ||
(A) A governmental agency as defined in Section 2
|
or any law enforcement officer of this State. For this | ||
subsection (c), governmental agency includes, but is | ||
not limited to, a civilian review board,
an inspector | ||
general, and legal counsel for a
government agency. | ||
(B) The Executive Director of the Board; | ||
(C) A State's Attorney's Office of this State. | ||
"Becoming aware" does not include confidential | ||
communications between agency lawyers and agencies | ||
regarding legal advice. For purposes of this subsection, | ||
"governmental agency" does not include the Illinois
| ||
Attorney General when providing legal representation to a | ||
law enforcement officer under the State Employee | ||
Indemnification Act. | ||
(2) Any person may also notify the Board of any conduct | ||
the person believes a law enforcement officer has committed | ||
as described in subsection (b). Such notifications may be | ||
made confidentially. Notwithstanding any other provision | ||
in state law or any collective bargaining agreement, the | ||
Board shall accept notice and investigate any allegations | ||
from individuals who remain confidential. | ||
(3) Upon written request, the Board shall disclose to | ||
the individual or entity who filed a notice of violation | ||
the status of the Board's review. | ||
(d) Form. The notice of violation reported under subsection | ||
(c) shall be on a form prescribed by the Board in its rules. | ||
The form shall be publicly available by paper and electronic |
means. The form shall include fields for the following | ||
information, at a minimum: | ||
(1) the full name, address, and telephone number of the
| ||
person submitting the notice; | ||
(2) if submitted under subsection (c)(1), the agency | ||
name
and title of the person submitting the notice; | ||
(3) the full name, badge number, governmental agency, | ||
and physical description of the officer, if known; | ||
(4) the full name or names, address or addresses, | ||
telephone number or numbers, and physical description or | ||
descriptions of any witnesses, if known; | ||
(5) a concise statement of facts that describe the | ||
alleged violation and any copies of supporting evidence | ||
including but not limited to any photographic, video, or | ||
audio recordings of the incident; | ||
(6) whether the person submitting the notice has | ||
notified any other agency; and | ||
(7) an option for an individual, who submits directly | ||
to the Board, to consent to have the individual's identity | ||
disclosed. | ||
(a) The identity of any individual providing | ||
information or reporting any possible or alleged | ||
violation to the Board shall be kept confidential and | ||
may not be disclosed without the consent of that | ||
individual, unless the individual consents to | ||
disclosure of the individual's name or disclosure of |
the individual's identity is otherwise required by | ||
law. The confidentiality granted by this subsection | ||
does not preclude the disclosure of the identity of a | ||
person in any capacity other than as the source of an | ||
allegation. | ||
Nothing in this subsection (d) shall preclude the Board | ||
from receiving, investigating, or acting upon allegations made | ||
confidentially or in a format different from the form provided | ||
for in this subsection. | ||
(e) Preliminary review. | ||
(1) The Board shall complete a preliminary review of | ||
the allegations to determine whether there is sufficient | ||
information to warrant a further investigation of any | ||
violations of the Act. Upon initiating a preliminary review | ||
of the allegations, the Board shall notify the head of the | ||
governmental agency that employs the law enforcement | ||
officer who is the subject of the allegations. At the | ||
request of the Board, the governmental agency must submit | ||
any copies of investigative findings, evidence, or | ||
documentation to the Board in accordance with rules adopted | ||
by the Board to facilitate the Board's preliminary review. | ||
The Board may correspond with the governmental agency, | ||
official records clerks or any investigative agencies in | ||
conducting its preliminary review. | ||
(2) During the preliminary review, the Board will take | ||
all reasonable steps to discover any and all objective |
verifiable evidence relevant to the alleged violation | ||
through the identification, retention, review, and | ||
analysis of all currently available evidence, including, | ||
but not limited to: all time-sensitive evidence, audio and | ||
video evidence, physical evidence, arrest reports, | ||
photographic evidence, GPS records, computer data, lab | ||
reports, medical documents, and witness interviews. All | ||
reasonable steps will be taken to preserve relevant | ||
evidence identified during the preliminary investigation. | ||
(3) If after a preliminary review of the alleged | ||
violation or violations, the Board believes there is | ||
sufficient information to warrant further investigation of | ||
any violations of this Act, the alleged violation or | ||
violations shall be assigned for investigation in | ||
accordance with subsection (f). | ||
(4) If after a review of the allegations, the Board | ||
believes there is insufficient information supporting the | ||
allegations to warrant further investigation, it may close | ||
a notice. Notification of the Board's decision to close a | ||
notice shall be sent to all relevant individuals, agencies, | ||
and any entities that received notice of the violation | ||
under subsection (c) within 30 days of the notice being | ||
closed, except in cases where the notice is submitted | ||
anonymously if the complainant is unknown. | ||
(5) Except when the Board has received notice under | ||
subparagraph (A) of paragraph (1) of subsection (c), no |
later than 30 days after receiving notice, the Board shall | ||
report any notice of violation it
receives to the relevant | ||
governmental agency, unless reporting the notice would | ||
jeopardize any subsequent investigation. The Board shall | ||
also record any notice of violation it receives to the | ||
Officer Professional Conduct Database in accordance with | ||
Section 9.2. The Board shall report to the appropriate | ||
State's Attorney any alleged violations that contain | ||
allegations, claims, or factual assertions that, if true, | ||
would constitute a violation of Illinois law. The Board | ||
shall inform the law enforcement officer via certified mail | ||
that it has received a notice of violation against the law | ||
enforcement officer. | ||
If the Board determines that due to the circumstances | ||
and the nature of the allegation that it would not be | ||
prudent to notify the law enforcement officer and the | ||
officer's governmental agency unless and until the filing | ||
of a Formal Complaint, the Board shall document in the file | ||
the reason or reasons a notification was not made. | ||
(6) If a criminal proceeding has been initiated against | ||
the law enforcement officer, the Board is responsible for | ||
maintaining a current status report including court dates, | ||
hearings, pleas, adjudication status and sentencing. A | ||
State's Attorney's Office is responsible for notifying the | ||
Board of any criminal charges filed against a law | ||
enforcement officer. |
(f) Investigations; requirements. Investigations are to be | ||
assigned after a preliminary review, unless the investigations | ||
were closed under paragraph (4) of subsection (e), as follows | ||
in paragraphs (1), (2), and (3) of this subsection (f). | ||
(1) A governmental agency that submits a notice of | ||
violation to the Board under subparagraph (A) of paragraph | ||
(1) of subsection (c) shall be responsible for conducting | ||
an investigation of the underlying allegations except | ||
when: (i) the governmental agency refers the notice to | ||
another governmental agency or the Board for investigation | ||
and such other agency or the Board agrees to conduct the | ||
investigation; (ii) an external, independent, or civilian | ||
oversight agency conducts the investigation in accordance | ||
with local ordinance or other applicable law; or (iii) the | ||
Board has determined that it will conduct the investigation | ||
based upon the facts and circumstances of the alleged | ||
violation, including but not limited to, investigations | ||
regarding the Chief or Sheriff of a governmental agency, | ||
familial conflict of interests, complaints involving a | ||
substantial portion of a governmental agency, or | ||
complaints involving a policy of a governmental agency. Any | ||
agency or entity conducting an investigation under this | ||
paragraph (1) shall, within 7 days of completing an | ||
investigation, deliver an Investigative Summary Report and | ||
copies of any administrative evidence to the Board. If the | ||
Board finds an investigation conducted under this |
paragraph (1) is incomplete, unsatisfactory, or deficient | ||
in any way, the Board may direct the investigating entity | ||
or agency to take any additional investigative steps deemed | ||
necessary to thoroughly and satisfactorily complete the | ||
investigation, or the Board may take any steps necessary to | ||
complete the investigation. The investigating entity or | ||
agency or, when necessary, the Board will then amend and | ||
re-submit the Investigative Summary Report to the Board for | ||
approval. | ||
(2) The Board shall investigate and complete an
| ||
Investigative Summary Report when a State's Attorney's | ||
Office
submits a notice of violation to the Board under
| ||
(c)(1)(C). | ||
(3) When a person submits a notice to the Board under | ||
paragraph (2) of subsection (c), The Board shall assign the | ||
investigation to the governmental agency that employs the | ||
law enforcement officer, except when: (i) the governmental | ||
agency requests to refer the notice to another governmental | ||
agency or the Board for investigation and such other agency | ||
or the Board agrees to conduct the investigation; (ii) an | ||
external, independent, or civilian oversight agency | ||
conducts the investigation in accordance with local | ||
ordinance or other applicable law; or (iii) the Board has | ||
determined that it will conduct the investigation based | ||
upon the facts and circumstances of the alleged violation, | ||
including but not limited to, investigations regarding the |
Chief or Sheriff of a governmental agency, familial | ||
conflict of interests, complaints involving a substantial | ||
portion of a governmental agency, or complaints involving a | ||
policy of a governmental agency. The investigating entity | ||
or agency shall, within 7 days of completing an | ||
investigation, deliver an Investigative Summary Report and | ||
copies of any evidence to the Board. If the Board finds an | ||
investigation conducted under this subsection (f)(3) is | ||
incomplete, unsatisfactory, or deficient in any way, the | ||
Board may direct the investigating entity to take any | ||
additional investigative steps deemed necessary to | ||
thoroughly and satisfactorily complete the investigation, | ||
or the Board may take any steps necessary to complete the | ||
investigation. The investigating entity or agency or, when | ||
necessary, the Board will then amend and re-submit The | ||
Investigative Summary Report to the Board for approval. The | ||
investigating entity shall cooperate with and assist the | ||
Board, as necessary, in any subsequent investigation. | ||
(4) Concurrent Investigations. The Board may, at any | ||
point, initiate a concurrent investigation under this | ||
section. The original investigating entity shall timely | ||
communicate, coordinate, and cooperate with the Board to | ||
the fullest extent. The Board shall promulgate rules that | ||
shall address, at a minimum, the sharing of information and | ||
investigative means such as subpoenas and interviewing | ||
witnesses. |
(5) Investigative Summary Report. An Investigative | ||
Summary Report shall contain, at a minimum, the allegations | ||
and elements within each allegation followed by the | ||
testimonial, documentary, or physical evidence that is | ||
relevant to each such allegation or element listed and | ||
discussed in association with it. All persons who have been | ||
interviewed and listed in the Investigative
Summary Report | ||
will be identified as a complainant, witness, person with | ||
specialized knowledge, or law enforcement employee. | ||
(6) Each governmental agency shall adopt a written | ||
policy regarding the investigation of conduct under | ||
subsection (a) that involves a law enforcement officer | ||
employed by that governmental agency. The written policy | ||
adopted must include the following, at a minimum: | ||
(a) Each law enforcement officer shall immediately | ||
report
any conduct under subsection (b) to the | ||
appropriate
supervising officer. | ||
(b) The written policy under this Section shall be
| ||
available for inspection and copying under the Freedom | ||
of
Information Act, and not subject to any exemption of | ||
that
Act. | ||
(7) Nothing in this Act shall prohibit a governmental | ||
agency from conducting an investigation for the purpose of | ||
internal discipline. However, any such investigation shall | ||
be conducted in a manner that avoids interference with, and | ||
preserves the integrity of, any separate investigation |
being conducted. | ||
(g) Formal complaints. Upon receipt of an Investigative | ||
Summary Report, the Board shall review the Report and any | ||
relevant evidence obtained and determine whether there is | ||
reasonable basis to believe that the law enforcement officer | ||
committed any conduct that would be deemed a violation of this | ||
Act. If after reviewing the Report and any other relevant | ||
evidence obtained, the Board determines that a reasonable basis | ||
does exist, the Board shall file a formal complaint with the | ||
Certification Review Panel. | ||
(h) Formal Complaint Hearing. | ||
(1) Upon issuance of a formal complaint, the Panel | ||
shall set the matter for an initial hearing in front of an | ||
administrative law judge. At least 30 days before the date | ||
set for an initial hearing, the Panel must, in writing, | ||
notify the law enforcement officer subject to the complaint | ||
of the following: | ||
(i) the allegations against the law enforcement | ||
officer, the time and place for the hearing, and | ||
whether the law enforcement officer's
certification | ||
has been temporarily suspended under Section 8.3; | ||
(ii) the right to file a written answer to the | ||
complaint with the Panel within 30 days after service | ||
of the notice; | ||
(iii) if the law enforcement officer fails to | ||
comply with the notice of the default order in |
paragraph (2), the Panel shall enter a default order | ||
against the law enforcement officer along with a | ||
finding that the allegations in the complaint are | ||
deemed admitted, and that the law enforcement | ||
officer's certification may be revoked as a result; and | ||
(iv) the law enforcement officer may request an | ||
informal conference to surrender the officer's | ||
certification. | ||
(2) The Board shall send the law enforcement officer | ||
notice of the default order. The notice shall state that | ||
the officer has 30 days to notify the Board in writing of | ||
their desire to have the order vacated and to appear before | ||
the Board. If the law enforcement officer does not notify | ||
the Board within 30 days, the Board may set the matter for | ||
hearing. If the matter is set for hearing, the Board shall | ||
send the law enforcement officer the notice of the date, | ||
time and location of the hearing. If the law enforcement | ||
officer or counsel for the officer does appear, at the | ||
Board's discretion, the hearing may proceed or may be | ||
continued to a date and time agreed upon by all parties. If | ||
on the date of the hearing, neither the law enforcement | ||
officer nor counsel for the officer appears, the Board may | ||
proceed with the hearing for default in their absence. | ||
(3) If the law enforcement officer fails to comply with | ||
paragraph (2), all of the allegations contained in the | ||
complaint shall be deemed admitted and the law enforcement |
officer shall be decertified if, by a majority vote of the | ||
panel, the conduct charged in the complaint is found to | ||
constitute sufficient grounds for decertification under | ||
this Act. Notice of the decertification decision may be | ||
served by personal delivery, by mail, or, at the discretion | ||
of the Board, by electronic means as adopted by rule to the | ||
address or email address specified by the law enforcement | ||
officer in the officer's last communication with the Board. | ||
Notice shall also be provided to the law enforcement | ||
officer's governmental agency. | ||
(4) The Board, at the request of the law enforcement | ||
officer subject to the Formal Complaint, may suspend a | ||
hearing on a Formal Complaint for no more than one year if | ||
a concurrent criminal matter is pending. If the law | ||
enforcement officer requests to have the hearing | ||
suspended, the law enforcement officer's certification | ||
shall be deemed inactive until the law enforcement | ||
officer's Formal Complaint hearing concludes. | ||
(5) Surrender of certification or waiver. Upon the | ||
Board's issuance of a complaint, and prior to hearing on | ||
the matter, a law enforcement officer may choose to | ||
surrender the officer's certification or waiver by | ||
notifying the Board in writing of the officer's decision to | ||
do so. Upon receipt of such notification from the law | ||
enforcement officer, the Board shall immediately decertify | ||
the officer, or revoke any waiver previously granted. In |
the case of a surrender of certification or waiver, the | ||
Board's proceeding shall terminate. | ||
(6) Appointment of administrative law judges. The | ||
Board shall retain any attorney licensed to practice law in | ||
the State of Illinois to serve as an administrative law | ||
judge in any action initiated against a law enforcement | ||
officer under this Act. The administrative law judge shall | ||
be retained to a term of no greater than 4 years. If more | ||
than one judge is retained, the terms shall be staggered. | ||
The administrative law judge has full authority to conduct | ||
the hearings. | ||
Administrative law judges will receive initial and annual | ||
training that is adequate in quality, quantity, scope, and | ||
type, and will cover, at minimum the following topics: | ||
(i) constitutional and other relevant law on | ||
police- community encounters, including the law on the | ||
use of force and stops, searches, and arrests; | ||
(ii) police tactics; | ||
(iii) investigations of police conduct; | ||
(iv) impartial policing; | ||
(v) policing individuals in crisis; | ||
(vi) Illinois police policies, procedures, and | ||
disciplinary rules; | ||
(vii) procedural justice; and | ||
(viii) community outreach. | ||
(7) Hearing. At the hearing, the administrative law |
judge will hear the allegations alleged in the complaint. | ||
The law enforcement officer, the counsel of the officer's | ||
choosing, and the Board, or the officer's counsel, shall be | ||
afforded the opportunity to present any pertinent | ||
statements, testimony, evidence, and arguments. The law | ||
enforcement officer shall be afforded the opportunity to | ||
request that the Board compel the attendance of witnesses | ||
and production of related documents. After the conclusion | ||
of the hearing, the administrative law judge shall report | ||
his or her findings of fact, conclusions of law, and | ||
recommended disposition to the Panel. | ||
(8) Certification Review Meeting. Upon receipt of the | ||
administrative law judge's findings of fact, conclusions | ||
of law, and recommended disposition, the Panel shall call | ||
for a certification review meeting. | ||
In such a meeting, the Panel may adjourn into a closed | ||
conference for the purposes of deliberating on the evidence | ||
presented during the hearing. In closed conference, the | ||
Panel shall consider the hearing officer's findings of | ||
fact, conclusions of law, and recommended disposition and | ||
may deliberate on all evidence and testimony received and | ||
may consider the weight and credibility to be given to the | ||
evidence received. No new or additional evidence may be | ||
presented to the Panel. After concluding its | ||
deliberations, the Panel shall convene in open session for | ||
its consideration of the matter. If a simple majority of |
the Panel finds that no allegations in the complaint | ||
supporting one or more charges of misconduct are proven by | ||
clear and convincing evidence, then the Panel shall | ||
recommend to the Board that the complaint be dismissed. If | ||
a simple majority of the Panel finds that the allegations | ||
in the complaint supporting one or more charges of | ||
misconduct are proven by clear and convincing evidence, | ||
then the Panel shall recommend to the Board to decertify | ||
the officer. In doing so, the Panel may adopt, in whole or | ||
in part, the hearing officer's findings of fact, | ||
conclusions of law, and recommended disposition. | ||
(9) Final action by the Board. After receiving the | ||
Panel's recommendations, and after due consideration of | ||
the Panel's recommendations, the Board, by majority vote, | ||
shall issue a final decision to decertify the law | ||
enforcement officer or take no action in regard to the law | ||
enforcement officer. No new or additional evidence may be | ||
presented to the Board. If the Board makes a final decision | ||
contrary to the recommendations of the Panel, the Board | ||
shall set forth in its final written decision the specific | ||
written reasons for not following the Panel's | ||
recommendations. A copy of the Board's final decision shall | ||
be served upon the law enforcement officer by the Board, | ||
either personally or as provided in this Act for the | ||
service of a notice of hearing. A copy of the Board's final | ||
decision also shall be delivered to the employing |
governmental agency, the complainant, and the Panel. | ||
(10) Reconsideration of the Board's Decision. Within | ||
30 days after service of the Board's final decision, the | ||
Panel or the law enforcement officer may file a written | ||
motion for reconsideration with the Board. The motion for | ||
reconsideration shall specify the particular grounds for | ||
reconsideration. The non-moving party may respond to the | ||
motion for reconsideration. The Board may deny the motion | ||
for reconsideration, or it may grant the motion in whole or | ||
in part and issue a new final decision in the matter. The | ||
Board must notify the law enforcement officer within 14 | ||
days of a denial and state the reasons for denial. | ||
(50 ILCS 705/6.6 new) | ||
Sec. 6.6. Administrative Review Law; application. | ||
(a) All final administrative decisions regarding | ||
discretionary decertification of the Board are subject to | ||
judicial review under the Administrative Review Law and its | ||
rules. The term "administrative decision" is defined in Section | ||
3-101 of the Code of Civil Procedure. | ||
(b) Proceedings for judicial review shall be commenced in | ||
Sangamon County or Cook County. | ||
(50 ILCS 705/6.7 new) | ||
Sec. 6.7. Certification and decertification procedures | ||
under Act exclusive. Notwithstanding any other law, the |
certification and decertification procedures, including the | ||
conduct of any investigation or hearing, under this Act are the | ||
sole and exclusive procedures for certification as law | ||
enforcement officers in Illinois and are not subject to | ||
collective bargaining under the Illinois Public Labor | ||
Relations Act or appealable except as set forth herein. The | ||
provisions of any collective bargaining agreement adopted by a | ||
governmental agency and covering the law enforcement officer or | ||
officers under investigation shall be inapplicable to any | ||
investigation or hearing conducted under this Act. | ||
An individual has no property interest in employment or | ||
otherwise resulting from law enforcement officer certification | ||
at the time of initial certification or at any time thereafter, | ||
including, but not limited to, after decertification or the | ||
officer's certification has been deemed inactive. Nothing in | ||
this Act shall be construed to create a requirement that a | ||
governmental agency shall continue to employ a law enforcement | ||
officer who has been decertified.
| ||
(50 ILCS 705/7) (from Ch. 85, par. 507)
| ||
Sec. 7. Rules and standards for schools. The Board shall | ||
adopt rules and
minimum standards for such schools which shall | ||
include, but not be limited to,
the following:
| ||
a. The curriculum for probationary law enforcement | ||
police officers which shall be
offered by all certified | ||
schools shall include, but not be limited to,
courses of |
procedural justice, arrest and use and control tactics, | ||
search and seizure, including temporary questioning, civil | ||
rights, human rights, human relations,
cultural | ||
competency, including implicit bias and racial and ethnic | ||
sensitivity,
criminal law, law of criminal procedure, | ||
constitutional and proper use of law enforcement | ||
authority, vehicle and traffic law including
uniform and | ||
non-discriminatory enforcement of the Illinois Vehicle | ||
Code,
traffic control and accident investigation, | ||
techniques of obtaining
physical evidence, court | ||
testimonies, statements, reports, firearms
training, | ||
training in the use of electronic control devices, | ||
including the psychological and physiological effects of | ||
the use of those devices on humans, first-aid (including | ||
cardiopulmonary resuscitation), training in the | ||
administration of opioid antagonists as defined in | ||
paragraph (1) of subsection (e) of Section 5-23 of the | ||
Substance Use Disorder Act, handling of
juvenile | ||
offenders, recognition of
mental conditions and crises, | ||
including, but not limited to, the disease of addiction, | ||
which require immediate assistance and response and | ||
methods to
safeguard and provide assistance to a person in | ||
need of mental
treatment, recognition of abuse, neglect, | ||
financial exploitation, and self-neglect of adults with | ||
disabilities and older adults, as defined in Section 2 of | ||
the Adult Protective Services Act, crimes against the |
elderly, law of evidence, the hazards of high-speed police | ||
vehicle
chases with an emphasis on alternatives to the | ||
high-speed chase, and
physical training. The curriculum | ||
shall include specific training in
techniques for | ||
immediate response to and investigation of cases of | ||
domestic
violence and of sexual assault of adults and | ||
children, including cultural perceptions and common myths | ||
of sexual assault and sexual abuse as well as interview | ||
techniques that are age sensitive and are trauma informed, | ||
victim centered, and victim sensitive. The curriculum | ||
shall include
training in techniques designed to promote | ||
effective
communication at the initial contact with crime | ||
victims and ways to comprehensively
explain to victims and | ||
witnesses their rights under the Rights
of Crime Victims | ||
and Witnesses Act and the Crime
Victims Compensation Act. | ||
The curriculum shall also include training in effective | ||
recognition of and responses to stress, trauma, and | ||
post-traumatic stress experienced by law enforcement | ||
police officers that is consistent with Section 25 of the | ||
Illinois Mental Health First Aid Training Act in a peer | ||
setting, including recognizing signs and symptoms of | ||
work-related cumulative stress, issues that may lead to | ||
suicide, and solutions for intervention with peer support | ||
resources. The curriculum shall include a block of | ||
instruction addressing the mandatory reporting | ||
requirements under the Abused and Neglected Child |
Reporting Act. The curriculum shall also include a block of | ||
instruction aimed at identifying and interacting with | ||
persons with autism and other developmental or physical | ||
disabilities, reducing barriers to reporting crimes | ||
against persons with autism, and addressing the unique | ||
challenges presented by cases involving victims or | ||
witnesses with autism and other developmental | ||
disabilities. The curriculum shall include training in the | ||
detection and investigation of all forms of human | ||
trafficking. The curriculum shall also include instruction | ||
in trauma-informed responses designed to ensure the | ||
physical safety and well-being of a child of an arrested | ||
parent or immediate family member; this instruction must | ||
include, but is not limited to: (1) understanding the | ||
trauma experienced by the child while maintaining the | ||
integrity of the arrest and safety of officers, suspects, | ||
and other involved individuals; (2) de-escalation tactics | ||
that would include the use of force when reasonably | ||
necessary; and (3) inquiring whether a child will require | ||
supervision and care. The curriculum for
permanent law | ||
enforcement police officers shall include, but not be | ||
limited to: (1) refresher
and in-service training in any of | ||
the courses listed above in this
subparagraph, (2) advanced | ||
courses in any of the subjects listed above in
this | ||
subparagraph, (3) training for supervisory personnel, and | ||
(4)
specialized training in subjects and fields to be |
selected by the board. The training in the use of | ||
electronic control devices shall be conducted for | ||
probationary law enforcement police officers, including | ||
University police officers.
| ||
b. Minimum courses of study, attendance requirements | ||
and equipment
requirements.
| ||
c. Minimum requirements for instructors.
| ||
d. Minimum basic training requirements, which a | ||
probationary law enforcement police
officer must | ||
satisfactorily complete before being eligible for | ||
permanent
employment as a local law enforcement officer for | ||
a participating local
governmental or state governmental | ||
agency. Those requirements shall include training in first | ||
aid
(including cardiopulmonary resuscitation).
| ||
e. Minimum basic training requirements, which a | ||
probationary county
corrections officer must | ||
satisfactorily complete before being eligible for
| ||
permanent employment as a county corrections officer for a | ||
participating
local governmental agency.
| ||
f. Minimum basic training requirements which a | ||
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as | ||
a court security officer for a participating local
| ||
governmental agency. The Board shall
establish those | ||
training requirements which it considers appropriate for | ||
court
security officers and shall certify schools to |
conduct that training.
| ||
A person hired to serve as a court security officer | ||
must obtain from the
Board a certificate (i) attesting to | ||
the officer's his or her successful completion of the
| ||
training course; (ii) attesting to the officer's his or her | ||
satisfactory
completion of a training program of similar | ||
content and number of hours that
has been found acceptable | ||
by the Board under the provisions of this Act; or
(iii) | ||
attesting to the Board's determination that the training
| ||
course is unnecessary because of the person's extensive | ||
prior law enforcement
experience.
| ||
Individuals who currently serve as court security | ||
officers shall be deemed
qualified to continue to serve in | ||
that capacity so long as they are certified
as provided by | ||
this Act within 24 months of June 1, 1997 (the effective | ||
date of Public Act 89-685). Failure to be so certified, | ||
absent a waiver from the
Board, shall cause the officer to | ||
forfeit his or her position.
| ||
All individuals hired as court security officers on or | ||
after June 1, 1997 (the effective
date of Public Act | ||
89-685) shall be certified within 12 months of the
date of | ||
their hire, unless a waiver has been obtained by the Board, | ||
or they
shall forfeit their positions.
| ||
The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit Commission, | ||
shall maintain a list of all
individuals who have filed |
applications to become court security officers and
who meet | ||
the eligibility requirements established under this Act. | ||
Either
the Sheriff's Merit Commission, or the Sheriff's | ||
Office if no Sheriff's Merit
Commission exists, shall | ||
establish a schedule of reasonable intervals for
| ||
verification of the applicants' qualifications under
this | ||
Act and as established by the Board.
| ||
g. Minimum in-service training requirements, which a | ||
law enforcement police officer must satisfactorily | ||
complete every 3 years. Those requirements shall include | ||
constitutional and proper use of law enforcement | ||
authority, procedural justice, civil rights, human rights, | ||
mental health awareness and response, officer wellness, | ||
reporting child abuse and neglect, and cultural | ||
competency. | ||
h. Minimum in-service training requirements, which a | ||
law enforcement police officer must satisfactorily | ||
complete at least annually. Those requirements shall | ||
include law updates and use of force training which shall | ||
include scenario based training, or similar training | ||
approved by the Board. | ||
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||
101-564, eff. 1-1-20; revised 9-10-19.)
|
(50 ILCS 705/7.5)
| ||
Sec. 7.5. Law enforcement Police pursuit guidelines. The | ||
Board shall annually review
police pursuit procedures and make | ||
available suggested law enforcement police pursuit
guidelines | ||
for law enforcement agencies. This Section does not alter the
| ||
effect of previously existing law, including the immunities | ||
established under
the Local Governmental and Governmental | ||
Employees Tort Immunity Act.
| ||
(Source: P.A. 88-637, eff. 9-9-94.)
| ||
(50 ILCS 705/8) (from Ch. 85, par. 508)
| ||
Sec. 8. Participation required.
All home rule local | ||
governmental units shall comply with Sections 6.3, 8.1 , and 8.2
| ||
and any other mandatory provisions of this Act.
This Act is a | ||
limitation on home rule powers under subsection (i) of Section
| ||
6 of Article VII of the Illinois Constitution.
| ||
(Source: P.A. 89-170, eff. 1-1-96.)
| ||
(50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||
Sec. 8.1. Full-time law enforcement police and county | ||
corrections officers.
| ||
(a) No After January 1, 1976, no person shall receive a | ||
permanent
appointment as a law enforcement officer or as | ||
defined in this
Act nor shall any person receive, after the | ||
effective date of this
amendatory Act of 1984, a permanent |
appointment as a county corrections officer
unless that person | ||
has been awarded, within 6 months of the officer's his or her
| ||
initial full-time employment, a certificate attesting to the | ||
officer's his or her
successful completion of the Minimum | ||
Standards Basic Law Enforcement or and County
Correctional | ||
Training Course as prescribed by the Board; or has been awarded | ||
a
certificate attesting to the officer's his or her | ||
satisfactory completion of a training program of
similar | ||
content and number of hours and which course has been found | ||
acceptable
by the Board under the provisions of this Act; or a | ||
training waiver by reason of extensive prior
law enforcement or | ||
county corrections experience the basic training requirement
| ||
is determined by the Board to be illogical and unreasonable.
| ||
If such training is required and not completed within the | ||
applicable 6
months, then the officer must forfeit the | ||
officer's his or her position, or the employing agency
must | ||
obtain a waiver from the Board extending the period for
| ||
compliance. Such waiver shall be issued only for good and | ||
justifiable
reasons, and in no case shall extend more than 90 | ||
days beyond the
initial 6 months. Any hiring agency that fails | ||
to train a law enforcement officer within this period shall be | ||
prohibited from employing this individual in a law enforcement | ||
capacity for one year from the date training was to be | ||
completed. If an agency again fails to train the individual a | ||
second time, the agency shall be permanently barred from | ||
employing this individual in a law enforcement capacity.
|
An individual who is not certified by the Board or whose | ||
certified status is inactive shall not function as a law | ||
enforcement officer, be assigned the duties of a law | ||
enforcement officer by an employing agency, or be authorized to | ||
carry firearms under the authority of the employer, except as | ||
otherwise authorized to carry a firearm under State or federal | ||
law. Sheriffs who are elected as of the effective date of this | ||
Amendatory Act of the 101st General Assembly, are exempt from | ||
the requirement of certified status. Failure to be certified in | ||
accordance with this Act shall cause the officer to forfeit the | ||
officer's position. | ||
An employing agency may not grant a person status as a law | ||
enforcement officer unless the person has been granted an | ||
active law enforcement officer certification by the Board. | ||
(b) Inactive status. A person who has an inactive law | ||
enforcement officer certification has no law enforcement | ||
authority. | ||
(1) A law enforcement officer's certification becomes | ||
inactive upon termination, resignation, retirement, or | ||
separation from the officer's employing governmental | ||
agency for any reason. The Board shall re-activate a | ||
certification upon written application from the law | ||
enforcement officer's governmental agency that shows the | ||
law enforcement officer: (i) has accepted a full-time law | ||
enforcement position with that governmental agency, (ii) | ||
is not the subject of a decertification proceeding, and |
(iii) meets all other criteria for re-activation required | ||
by the Board. The Board may also establish special training | ||
requirements to be completed as a condition for | ||
re-activation. | ||
A law enforcement officer who is refused reactivation | ||
under this Section may request a hearing in accordance with | ||
the hearing procedures as outlined in subsection (h) of | ||
Section 6.3 of this Act. | ||
The Board may refuse to re-activate the certification | ||
of a law enforcement officer who was involuntarily | ||
terminated for good cause by his or her governmental agency | ||
for conduct subject to decertification under this Act or | ||
resigned or retired after receiving notice of a | ||
governmental agency's investigation. | ||
(2) A law enforcement officer who is currently | ||
certified can place his or her certificate on inactive | ||
status by sending a written request to the Board. A law | ||
enforcement officer whose certificate has been placed on | ||
inactive status shall not function as a law enforcement | ||
officer until the officer has completed any requirements | ||
for reactivating the certificate as required by the Board. | ||
A request for inactive status in this subsection shall be | ||
in writing, accompanied by verifying documentation, and | ||
shall be submitted to the Board with a copy to the chief | ||
administrator of the law enforcement officer's | ||
governmental agency. |
(3) Certification that has become inactive under | ||
paragraph (2) of this subsection (b), shall be reactivated | ||
by written notice from the law enforcement officer's agency | ||
upon a showing that the law enforcement officer is: (i) | ||
employed in a full-time law enforcement position with the | ||
same governmental agency (ii) not the subject of a | ||
decertification proceeding, and (iii) meets all other | ||
criteria for re-activation required by the Board. | ||
(4) Notwithstanding paragraph (3) of this subsection | ||
(b), a law enforcement officer whose certification has | ||
become inactive under paragraph (2) may have the officer's | ||
governmental agency submit a request for a waiver of | ||
training requirements to the Board. A grant of a waiver is | ||
within the discretion of the Board. Within 7 days of | ||
receiving a request for a waiver under this section, the | ||
Board shall notify the law enforcement officer and the | ||
chief administrator of the law enforcement officer's | ||
governmental agency, whether the request has been granted, | ||
denied, or if the Board will take additional time for | ||
information. A law enforcement officer whose request for a | ||
waiver under this subsection is denied is entitled to | ||
appeal the denial to the Board within 20 days of the waiver | ||
being denied. | ||
(c) (b) No provision of this Section shall be construed to | ||
mean that a
law enforcement officer employed by a local | ||
governmental agency
at the time of the effective date of this |
amendatory Act, either as a
probationary police officer or as a | ||
permanent police officer, shall
require certification under | ||
the provisions of this Section. No provision
of this Section | ||
shall be construed to mean that a county corrections
officer | ||
employed by a local governmental agency at the time of the
| ||
effective date of this amendatory Act of 1984 , either as a | ||
probationary
county corrections or as a permanent county | ||
corrections officer, shall
require certification under the | ||
provisions of this Section. No provision of
this Section shall | ||
be construed to apply to certification of elected county
| ||
sheriffs.
| ||
(d) Within 14 days, a law enforcement officer shall report | ||
to the Board: (1) any name change; (2) any change in | ||
employment; or (3) the filing of any criminal indictment or | ||
charges against the officer alleging that the officer committed | ||
any offense as enumerated in section 6.1 of this Act. | ||
(e) All law enforcement officers must report the completion | ||
of the training requirements required in this Act in compliance | ||
with Section 8.4 of this Act. | ||
(e-1) Each employing governmental agency shall allow and | ||
provide an opportunity for a law enforcement officer to | ||
complete the mandated requirements in this Act. | ||
(f) (c) This Section does not apply to part-time law | ||
enforcement police officers or
probationary part-time law | ||
enforcement police officers.
| ||
(Source: P.A. 101-187, eff. 1-1-20 .)
|
(50 ILCS 705/8.2)
| ||
Sec. 8.2. Part-time law enforcement police officers.
| ||
(a) A person hired to serve as a part-time law enforcement
| ||
police officer must obtain from the Board a certificate (i) | ||
attesting to the officer's his
or her successful completion of | ||
the part-time police training course; (ii)
attesting to the | ||
officer's his or her satisfactory completion of a training | ||
program of
similar content and number of hours that has been | ||
found acceptable by the
Board under the provisions of this Act; | ||
or (iii) a training waiver attesting to the Board's
| ||
determination that the part-time police training course is | ||
unnecessary because
of the person's extensive prior law | ||
enforcement experience.
A person hired on or after the | ||
effective date of this amendatory Act of the
92nd General | ||
Assembly must obtain this certificate within 18 months after | ||
the
initial date of hire as a probationary part-time law | ||
enforcement police officer in the State of
Illinois. The | ||
probationary part-time law enforcement police officer must be | ||
enrolled and
accepted into a Board-approved course within 6 | ||
months after active employment
by any department in the State.
| ||
A person hired
on or after January 1, 1996 and before the | ||
effective date of this amendatory
Act of the 92nd General | ||
Assembly must obtain this certificate within 18
months
after | ||
the date of hire. A person hired before
January 1, 1996 must | ||
obtain this certificate within 24 months after the
effective |
date of this amendatory Act of 1995.
| ||
The employing agency may seek an extension a waiver from | ||
the Board extending the period
for compliance. An extension A | ||
waiver shall be issued only for good and justifiable
reasons, | ||
and the probationary part-time law enforcement police officer | ||
may not practice as a
part-time law enforcement
police officer | ||
during the extension waiver period. If training is
required and | ||
not completed within the applicable time period, as extended by
| ||
any waiver that may be granted, then the officer must forfeit | ||
the officer's his or her
position.
| ||
An individual who is not certified by the Board or whose | ||
certified status is inactive shall not function as a law | ||
enforcement officer, be assigned the duties of a law | ||
enforcement officer by an agency, or be authorized to carry | ||
firearms under the authority of the employer, except that | ||
sheriffs who are elected are exempt from the requirement of | ||
certified status. Failure to be in accordance with this Act | ||
shall cause the officer to forfeit the officer's position. | ||
A part-time probationary officer shall be allowed to | ||
complete six months of a part-time police training course and | ||
function as a law enforcement officer with a waiver from the | ||
Board, provided the part-time law enforcement officer is still | ||
enrolled in the training course. If the part-time probationary | ||
officer withdraws from the course for any reason or does not | ||
complete the course within the applicable time period, as | ||
extended by any waiver that may be granted, then the officer |
must forfeit the officer's position. | ||
A governmental agency may not grant a person status as a | ||
law enforcement officer unless the person has been granted an | ||
active law enforcement officer certification by the Board. | ||
(b) Inactive status. A person who has an inactive law | ||
enforcement officer certification has no law enforcement | ||
authority. (Blank). | ||
(1) A law enforcement officer's certification becomes | ||
inactive upon termination, resignation, retirement, or | ||
separation from the governmental agency for any reason. The | ||
Board shall re-activate a certification upon written | ||
application from the law enforcement officer's | ||
governmental agency that shows the law enforcement | ||
officer: (i) has accepted a part-time law enforcement | ||
position with that a governmental agency, (ii) is not the | ||
subject of a decertification proceeding, and (iii) meets | ||
all other criteria for re-activation required by the Board. | ||
The Board may refuse to re-activate the certification | ||
of a law enforcement officer who was involuntarily | ||
terminated for good cause by the officer's governmental | ||
agency for conduct subject to decertification under this | ||
Act or resigned or retired after receiving notice of a | ||
governmental agency's investigation. | ||
(2) A law enforcement officer who is currently | ||
certified can place his or her certificate on inactive | ||
status by sending a written request to the Board. A law |
enforcement officer whose certificate has been placed on | ||
inactive status shall not function as a law enforcement | ||
officer until the officer has completed any requirements | ||
for reactivating the certificate as required by the Board. | ||
A request for inactive status in this subsection shall be | ||
in writing, accompanied by verifying documentation, and | ||
shall be submitted to the Board by the law enforcement | ||
officer's governmental agency. | ||
(3) Certification that has become inactive under | ||
paragraph (2) of this subsection (b), shall be reactivated | ||
by written notice from the law enforcement officer's agency | ||
upon a showing that the law enforcement officer is: (i) | ||
employed in a full-time law enforcement position with the | ||
same governmental agency, (ii) not the subject of a | ||
decertification proceeding, and (iii) meets all other | ||
criteria for re-activation required by the Board. The Board | ||
may also establish special training requirements to be | ||
completed as a condition for re-activation. | ||
A law enforcement officer who is refused reactivation | ||
under this Section may request a hearing in accordance with | ||
the hearing procedures as outlined in subsection (h) of | ||
Section 6.3 of this Act. | ||
(4) Notwithstanding paragraph (3) of this Section, a | ||
law enforcement officer whose certification has become | ||
inactive under paragraph (2) may have the officer's | ||
governmental agency submit a request for a waiver of |
training requirements to the Board. A grant of a waiver is | ||
within the discretion of the Board. Within 7 days of | ||
receiving a request for a waiver under this section, the | ||
Board shall notify the law enforcement officer and the | ||
chief administrator of the law enforcement officer's | ||
governmental agency, whether the request has been granted, | ||
denied, or if the Board will take additional time for | ||
information. A law enforcement officer whose request for a | ||
waiver under this subsection is denied is entitled to | ||
appeal the denial to the Board within 20 days of the waiver | ||
being denied.
| ||
(c) The part-time police training course referred to in | ||
this Section
shall be of similar content and the same number of | ||
hours as the courses for
full-time officers and
shall be | ||
provided by
Mobile Team In-Service Training Units under the | ||
Intergovernmental Law
Enforcement Officer's In-Service | ||
Training Act or by another approved program
or facility in a | ||
manner prescribed by the
Board.
| ||
(d) Within 14 days, a law enforcement officer shall report | ||
to the Board: (1) any name change; (2) any change in | ||
employment; or (3) the filing of any criminal indictment or | ||
charges against the officer alleging that the officer committed | ||
any offense as enumerated in section 6.1 of this Act. | ||
(e) All law enforcement officers must report the completion | ||
of the training requirements required in this Act in compliance | ||
with Section 8.4 of this Act. |
(e-1) Each employing agency shall allow and provide an | ||
opportunity for a law enforcement officer to complete the | ||
requirements in this Act. | ||
(f) (d) For the purposes of this Section, the Board shall | ||
adopt rules defining
what constitutes employment on a part-time | ||
basis.
| ||
(Source: P.A. 92-533, eff. 3-14-02.)
| ||
(50 ILCS 705/8.3 new) | ||
Sec. 8.3. Emergency order of suspension. | ||
(a) The Board, upon being notified that a law enforcement | ||
officer has been arrested or indicted on any felony charge or | ||
charges, may immediately suspend the law enforcement officer's | ||
certification. The Board shall also notify the chief | ||
administrator of any governmental agency currently employing | ||
the officer. The Board shall have authority to dissolve an | ||
emergency order of suspension at any time for any reason. | ||
(b) Notice of the immediate suspension shall be served on | ||
the law enforcement officer, the governmental agency, the chief | ||
executive of the municipality, and state the reason for | ||
suspension within seven days. | ||
(c) Upon service of the notice, the law enforcement officer | ||
shall have 30 days to request to be heard by the Panel. The | ||
hearing, if requested by the licensee, shall follow the hearing | ||
procedures as outlined in subsection (h) of Section 6.3 of this | ||
Act. |
(d) At the meeting, the law enforcement officer may present | ||
evidence, witnesses and argument as to why the officer's | ||
certification should not be suspended. The Panel shall review | ||
the suspension, and if the Panel finds that the proof is | ||
evident or the presumption great that the officer has committed | ||
the offense charged, the Panel can sustain or reduce the length | ||
of the suspension. If the Panel does not find that the proof is | ||
evident or the presumption great that the officer has committed | ||
the offense charged, the Panel can reverse the suspension. | ||
If the law enforcement officer does not request to be heard | ||
or does not appear, the Panel may hold the hearing in the | ||
officer's absence. The law enforcement officer and the | ||
governmental agency shall be notified of the decision of the | ||
Panel within 7 days. The law enforcement officer may request to | ||
suspend the hearing until after the officer's criminal trial | ||
has occurred, however the suspension will remain intact until | ||
the hearing. | ||
(e) Findings and conclusions made in hearing for an | ||
emergency suspension shall not be binding on any party in any | ||
subsequent proceeding under this Act. | ||
(f) A Panel member acting in good faith, and not in a | ||
willful and wanton manner, in accordance with this Section, | ||
shall not, as a result of such actions, be subject to criminal | ||
prosecution or civil damages, including but not limited to lost | ||
wages. |
(50 ILCS 705/8.4 new) | ||
Sec. 8.4. Law Enforcement Compliance Verification. | ||
(a)(1) Unless on inactive status under subsection (b) of | ||
Section 8.1 or subsection (b) of Section 8.2, every law | ||
enforcement officer subject to this Act shall submit a | ||
verification form that confirms compliance with this Act. The | ||
verification shall apply to the 3 calendar years preceding the | ||
date of verification. Law enforcement officers shall submit the | ||
officer's first report by January 30 during the initial | ||
three-year reporting period, as determined on the basis of the | ||
law enforcement officer's last name under paragraph (2) of this | ||
subsection then every third year of the officer's applicable | ||
three-year report period as determined by the Board. At the | ||
conclusion of each law enforcement officer's applicable | ||
reporting period, the chief administrative officer of the | ||
officer's governmental agency is to determine the compliance of | ||
each officer under this Section. An officer may verify their | ||
successful completion of training requirements with their | ||
governmental agency. Each law enforcement officer is | ||
responsible for reporting and demonstrating compliance to the | ||
officer's chief administrative officer. | ||
(2) The applicable three-year reporting period shall begin | ||
on January 30, 2023 for law enforcement officers whose last | ||
names being with the letters A through G, on January 30, 2024 | ||
for law enforcement officers whose last names being with the | ||
letters H through O, and January 30, 2025 for law enforcement |
officers whose last names being with the letters P through Z. | ||
(3) The compliance verification form shall be in a form and | ||
manner prescribed by the Board and, at a minimum, include the | ||
following: (i) verification that the law enforcement officer | ||
has completed the mandatory training programs in the preceding | ||
3 years; (ii) the law enforcement officer's current employment | ||
information, including but not limited to, the termination of | ||
any previous law enforcement or security employment in the | ||
relevant time period; and (iii) a statement verifying that the | ||
officer has not committed misconduct under Section 6.1. | ||
(b) (1) On October 1 of each year, the Board shall send | ||
notice to all certified law enforcement officers, unless | ||
exempted in (a), of the upcoming deadline to submit the | ||
compliance verification form. No later than March 1 of each | ||
year, the Board shall send notice to all certified law | ||
enforcement officers who have failed to submit the compliance | ||
verification form, as well as the officer's governmental | ||
agencies. The Board shall not send a notice of noncompliance to | ||
law enforcement officers whom the Board knows, based on the | ||
status of the law enforcement officer's certification status, | ||
are inactive or retired. The Board may accept compliance | ||
verification forms until April 1 of the year in which a law | ||
enforcement officer is required to submit the form. | ||
(2) No earlier than April 1 of the year in which a law | ||
enforcement officer is required to submit a verification form, | ||
the Board may determine a law enforcement officer's |
certification to be inactive if the law enforcement officer | ||
failed to either: (1) submit a compliance verification in | ||
accordance with this Section; or (2) report an exemption from | ||
the requirements of this Section. The Board shall then send | ||
notice, by mail or email, to any such law enforcement officer | ||
and the officer's governmental agency that the officer's | ||
certificate will be deemed inactive on the date specified in | ||
the notice, which shall be no sooner than 21 days from the date | ||
of the notice, because of the officer's failure to comply or | ||
report compliance, or failure to report an exemption. The Board | ||
shall deem inactive the certificate of such law enforcement | ||
officers on the date specified in the notice unless the Board | ||
determines before that date that the law enforcement officer | ||
has complied. A determination that a certificate is inactive | ||
under this section is not a disciplinary sanction. | ||
(3) A law enforcement officer who was on voluntary inactive | ||
status shall, upon return to active status, be required to | ||
complete the deferred training programs within 1 year. | ||
(4) The Board may waive the reporting requirements, as | ||
required in this section, if the law enforcement officer or the | ||
officer's governmental agency demonstrates the existence of | ||
mitigating circumstances justifying the law enforcement | ||
officer's failure to obtain the training requirements due to | ||
failure of the officer's governmental agency or the Board to | ||
offer the training requirement during the officer's required | ||
compliance verification period. If the Board finds that the law |
enforcement officer can meet the training requirements with | ||
extended time, the Board may allow the law enforcement officer | ||
a maximum of six additional months to complete the | ||
requirements. | ||
(5) A request for a training waiver under this subsection | ||
due to the mitigating circumstance shall be in writing, | ||
accompanied by verifying documentation, and shall be submitted | ||
to the Board not less than 30 days before the end of the law | ||
enforcement officer's required compliance verification period. | ||
(6) A law enforcement officer whose request for waiver | ||
under this subsection is denied, is entitled to a request for a | ||
review by the Board. The law enforcement officer or the | ||
officer's governmental agency must request a review within 20 | ||
days of the waiver being denied. The burden of proof shall be | ||
on the law enforcement officer to show why the officer is | ||
entitled to a waiver. | ||
(c) Recordkeeping and Audits. | ||
(1) For four years after the end of each reporting | ||
period, each certified law enforcement officer shall | ||
maintain sufficient documentation necessary to corroborate | ||
compliance with the mandatory training requirements under | ||
this Act. | ||
(2) Notwithstanding any other provision in state law, | ||
for four years after the end of each reporting period, each | ||
governmental agency shall maintain sufficient | ||
documentation necessary to corroborate compliance with the |
mandatory training requirements under this Act of each | ||
officer it employs or employed within the relevant time | ||
period. | ||
(3) The Board may audit compliance verification forms | ||
submitted to determine the accuracy of the submissions. The | ||
audit may include but is not limited to, training | ||
verification and a law enforcement officer background | ||
check. | ||
(d) Audits that Reveal an Inaccurate Verification. | ||
(1) If an audit conducted under paragraph (3) of | ||
subsection (c) of this Section reveals inaccurate | ||
information, the Board shall provide the law enforcement | ||
officer and employing governmental agency with written | ||
notice containing: (i) the results of the audit, specifying | ||
each alleged inaccuracy; (ii) a summary of the basis of | ||
that determination; and (iii) a deadline, which shall be at | ||
least 30 days from the date of the notice, for the law | ||
enforcement officer to file a written response if the law | ||
enforcement officer objects to any of the contents of the | ||
notice. | ||
(2) After considering any response from the law | ||
enforcement officer, if the Board determines that the law | ||
enforcement officer filed an inaccurate verification, the | ||
law enforcement officer shall be given 60 days in which to | ||
file an amended verification form, together with all | ||
documentation specified in paragraph (e)(1), demonstrating |
full compliance with the applicable requirements. | ||
(3) If the results of the audit suggest that the law | ||
enforcement officer willfully filed a false verification | ||
form, the Board shall submit a formal complaint to the | ||
Panel for decertification. An officer who has been | ||
decertified for willfully filing a false verification form | ||
shall not be eligible for reactivation under subsection | ||
(e). | ||
(e) Reactivation. A law enforcement officer who has been | ||
deemed inactive due to noncompliance with the reporting | ||
requirements under paragraph (a)(1) may request to have the | ||
Board re-activate his or her certification upon submitting a | ||
compliance verification form that shows full compliance for the | ||
period in which the law enforcement officer was deemed inactive | ||
due to noncompliance. The Board shall make a determination | ||
regarding a submission under this subsection active no later | ||
than 7 days after the Board determines full compliance or | ||
continued noncompliance.
| ||
(50 ILCS 705/9) (from Ch. 85, par. 509)
| ||
Sec. 9.
A special fund is hereby established in the State | ||
Treasury to
be known as the Traffic and Criminal Conviction | ||
Surcharge Fund. Moneys in this Fund shall be
expended as | ||
follows:
| ||
(1) a portion of the total amount deposited in the Fund | ||
may be used, as
appropriated by the General Assembly, for |
the ordinary and contingent expenses
of the Illinois Law | ||
Enforcement Training Standards Board;
| ||
(2) a portion of the total amount deposited in the Fund
| ||
shall be appropriated for the reimbursement of local | ||
governmental agencies
participating in training programs | ||
certified by the Board, in an amount
equaling 1/2 of the | ||
total sum paid by such agencies during the State's previous
| ||
fiscal year for mandated training for probationary law | ||
enforcement police officers or
probationary county | ||
corrections officers and for optional advanced and
| ||
specialized law enforcement or county corrections | ||
training; these
reimbursements may include the costs for | ||
tuition at training schools, the
salaries of trainees while | ||
in schools, and the necessary travel and room
and board | ||
expenses for each trainee; if the appropriations under this
| ||
paragraph (2) are not sufficient to fully reimburse the | ||
participating local
governmental agencies, the available | ||
funds shall be apportioned among such
agencies, with | ||
priority first given to repayment of the costs of mandatory
| ||
training given to law enforcement officer or county | ||
corrections officer
recruits, then to repayment of costs of | ||
advanced or specialized training
for permanent law | ||
enforcement police officers or permanent county | ||
corrections officers;
| ||
(3) a portion of the total amount deposited in the Fund | ||
may be used to
fund the Intergovernmental Law Enforcement |
Officer's In-Service Training
Act, veto overridden October | ||
29, 1981, as now or hereafter amended, at
a rate and method | ||
to be determined by the board;
| ||
(4) a portion of the Fund also may be used by the | ||
Illinois Department
of State Police for expenses incurred | ||
in the training of employees from
any State, county or | ||
municipal agency whose function includes enforcement
of | ||
criminal or traffic law;
| ||
(5) a portion of the Fund may be used by the Board to | ||
fund grant-in-aid
programs and services for the training of | ||
employees from any county or
municipal agency whose | ||
functions include corrections or the enforcement of
| ||
criminal or traffic
law;
| ||
(6) for fiscal years 2013 through 2017 only, a portion | ||
of the Fund also may be used by the
Department of State | ||
Police to finance any of its lawful purposes or functions; | ||
(7) a portion of the Fund may be used by the Board, | ||
subject to appropriation, to administer grants to local law | ||
enforcement agencies for the purpose of purchasing | ||
bulletproof vests under the Law Enforcement Officer | ||
Bulletproof Vest Act; and | ||
(8) a portion of the Fund may be used by the Board to | ||
create a law enforcement grant program available for units | ||
of local government to fund crime prevention programs, | ||
training, and interdiction efforts, including enforcement | ||
and prevention efforts, relating to the illegal cannabis |
market and driving under the influence of cannabis. | ||
All payments from the Traffic and Criminal Conviction | ||
Surcharge Fund shall
be made each year from moneys appropriated | ||
for the purposes specified in
this Section. No more than 50% of | ||
any appropriation under this Act shall be
spent in any city | ||
having a population of more than 500,000. The State
Comptroller | ||
and the State Treasurer shall from time to time, at the
| ||
direction of the Governor, transfer from the Traffic and | ||
Criminal
Conviction Surcharge Fund to the General Revenue Fund | ||
in the State Treasury
such amounts as the Governor determines | ||
are in excess of the amounts
required to meet the obligations | ||
of the Traffic and Criminal Conviction
Surcharge Fund.
| ||
(Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)
| ||
(50 ILCS 705/9.2 new) | ||
Sec. 9.2. Officer professional conduct database; | ||
Transparency. | ||
(a) All governmental agencies and the Illinois State Police | ||
shall notify the Board of any final determination of a willful | ||
violation of department, agency, or the Illinois State Police | ||
policy, official misconduct, or violation of law within 10 days | ||
when: | ||
(1) the determination leads to a suspension of at least | ||
10 days; | ||
(2) any infraction that would trigger an official or | ||
formal investigation under a governmental agency or the |
Illinois State Police policy; | ||
(3) there is an allegation of misconduct or regarding | ||
truthfulness as to a material fact, bias, or integrity; or | ||
(4) the officer resigns or retires during the course of | ||
an investigation and the officer has been served notice | ||
that the officer is under investigation. | ||
Agencies and the Illinois State Police may report to the | ||
Board any conduct they deem appropriate to disseminate to | ||
another governmental agency regarding a law enforcement | ||
officer. | ||
The agency or the Illinois State Police shall report to the | ||
Board within 10 days of a final determination and final | ||
exhaustion of any administrative appeal, or the law enforcement | ||
officer's resignation or retirement, and shall provide | ||
information regarding the nature of the violation. This | ||
notification shall not necessarily trigger certification | ||
review. | ||
A governmental agency and the Illinois State Police shall | ||
be immune from liability for a disclosure made as described in | ||
this subsection, unless the disclosure would constitute | ||
intentional misrepresentation or gross negligence. | ||
(b) Upon receiving notification from a governmental agency | ||
or the Illinois State Police, the Board must notify the law | ||
enforcement officer of the report and the officer's right to | ||
provide a statement regarding the reported violation. | ||
(c) The Board shall maintain a database readily available |
to any chief administrative officer, or the officer's designee, | ||
of a governmental agency and the Illinois State Police that | ||
shall show for each law enforcement officer: (i) dates of | ||
certification, decertification, and inactive status; (ii) each | ||
sustained instance of departmental misconduct that lead to a | ||
suspension at least 10 days or any infraction that would | ||
trigger an official or formal investigation under the | ||
governmental agency policy, any allegation of misconduct | ||
regarding truthfulness as to a material fact, bias, or | ||
integrity, or any other reported violation, the nature of the | ||
violation, the reason for the final decision of discharge or | ||
dismissal, and any statement provided by the officer; (iii) | ||
date of separation from employment from any local or state | ||
governmental agency; (iv) the reason for separation from | ||
employment, including, but not limited to: whether the | ||
separation was based on misconduct or occurred while the local | ||
or State governmental agency was conducting an investigation of | ||
the certified individual for a violation of an employing | ||
agency's rules, policy or procedure or other misconduct or | ||
improper action. | ||
(1) This database shall also be accessible to the | ||
State's Attorney of any county in this State and the | ||
Attorney General for the purpose of complying with | ||
obligations under Brady v. Maryland (373 U.S. 83) or Giglio | ||
v. United States (405 U.S. 150). This database shall also | ||
be accessible to the chief administrative officer of any |
governmental agency for the purposes of hiring law | ||
enforcement officers. This database shall not be | ||
accessible to anyone not listed in this subsection. | ||
(2) Before a governmental agency may appoint a law | ||
enforcement officer or a person seeking a certification as | ||
a law enforcement officer in this State, the chief | ||
administrative officer or designee must check the Officer | ||
Professional Conduct Database, contact each person's | ||
previous law enforcement employers, and document the | ||
contact. This documentation must be available for review by | ||
the Board for a minimum of five years after the law | ||
enforcement officer's termination, retirement, resignation | ||
or separation with that agency. | ||
(3) The database, documents, materials, or other | ||
information in the possession or control of the Board that | ||
are obtained by or disclosed to the Board under this | ||
subsection shall be confidential by law and privileged, | ||
shall not be subject to subpoena, and shall not be subject | ||
to discovery or admissible in evidence in any private civil | ||
action. However, the Board is authorized to use such | ||
documents, materials, or other information in furtherance | ||
of any regulatory or legal action brought as part of the | ||
Board's official duties. Unless otherwise required by law, | ||
the Board shall not disclose the database or make such | ||
documents, materials, or other information public without | ||
the prior written consent of the governmental agency and |
the law enforcement officer. Neither the Board nor any | ||
person who received documents, materials or other | ||
information shared under this subsection shall be required | ||
to testify in any private civil action concerning the | ||
database or any confidential documents, materials, or | ||
information subject to this subsection. | ||
Nothing in this Section shall exempt a governmental agency | ||
from disclosing public records in accordance with the Freedom | ||
of Information Act. | ||
(d) The Board shall maintain a searchable database of law | ||
enforcement officers accessible to the public that shall | ||
include: (i) the law enforcement officer's local or state | ||
governmental agency; (ii) the date of the officer's initial | ||
certification and the officer's current certification status; | ||
and (iii) any sustained complaint of misconduct that resulted | ||
in decertification and the date thereof; provided, however, | ||
that information shall not be included in the database that | ||
would allow the public to ascertain the home address of an | ||
officer or another person; provided further, that information | ||
regarding an officer's or another person's family member shall | ||
not be included in the database. The Board shall make the | ||
database publicly available on its website. | ||
(e) The Board shall maintain a searchable database of all | ||
completed investigations against law enforcement officers | ||
related to decertification. The database shall identify each | ||
law enforcement officer by a confidential and anonymous number |
and include: (i) the law enforcement officer's local or state | ||
governmental agency; (ii) the date of the incident referenced | ||
in the complaint; (iii) the location of the incident; (iv) the | ||
race and ethnicity of each officer involved in the incident; | ||
(v) the age, gender, race and ethnicity of each person involved | ||
in the incident, if known; (vi) whether a person in the | ||
complaint, including a law enforcement officer, was injured, | ||
received emergency medical care, was hospitalized or died as a | ||
result of the incident; (vii) the governmental agency or other | ||
entity assigned to conduct an investigation of the incident; | ||
(viii) when the investigation was completed; (ix) whether the | ||
complaint was sustained; and (x) the type of misconduct | ||
investigated; provided, however, that the Board shall redact or | ||
withhold such information as necessary to prevent the | ||
disclosure of the identity of an officer. The Board shall make | ||
the database publicly available on its website. | ||
(e-1) An investigation is complete when the investigation | ||
has either been terminated or the decertification action, | ||
including the administrative review process, has been | ||
completed, whichever is later. | ||
(f) Annual report. The Board shall submit an annual report | ||
to the Governor, Attorney General, President and Minority | ||
Leader of the Senate, and the Speaker and Minority Leader of | ||
the House of Representatives beginning on March 1, 2023, and | ||
every year thereafter indicating: | ||
(1) the number of complaints received in the preceding |
calendar year, including but not limited to the race, | ||
gender, and type of complaints received; | ||
(2) the number of investigations initiated in the | ||
preceding calendar year since the
date of the last report; | ||
(3) the number of investigations concluded in the | ||
preceding calendar year; | ||
(4) the number of investigations pending as of the
| ||
reporting date; | ||
(5) the number of hearings held in the preceding | ||
calendar year; and | ||
(6) the number of officers decertified in the preceding | ||
calendar year.
| ||
(50 ILCS 705/10) (from Ch. 85, par. 510)
| ||
Sec. 10. The Board may make, amend and rescind such rules | ||
and regulations
as may be necessary to carry out the provisions | ||
of this Act, including those relating to the annual | ||
certification of retired law enforcement officers qualified | ||
under federal law to carry a concealed weapon. A copy of all
| ||
rules and regulations and amendments or rescissions thereof | ||
shall be filed
with the Secretary of State within a reasonable | ||
time after their adoption.
The schools certified by the Board | ||
and participating in the training
program may dismiss from the | ||
school any trainee prior to the officer's his completion of
the | ||
course, if in the opinion of the person in charge of the | ||
training
school, the trainee is unable or unwilling to |
satisfactorily complete the
prescribed course of training. | ||
The Board shall adopt emergency rules to administer this | ||
Act in accordance with Section 5-45 of the Illinois | ||
Administrative Procedure Act. For the purposes of the Illinois | ||
Administrative Procedure Act, the General Assembly finds that | ||
the adoption of rules to implement this Act is deemed an | ||
emergency and necessary to the public interest, safety, and | ||
welfare.
| ||
(Source: P.A. 94-103, eff. 7-1-05.)
| ||
(50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
| ||
Sec. 10.1. Additional training programs. The Board shall | ||
initiate,
administer,
and conduct training programs for | ||
permanent law enforcement police officers and permanent
county | ||
corrections officers in addition to the basic recruit training | ||
program.
The Board may initiate, administer, and conduct | ||
training programs for
part-time law enforcement police | ||
officers in
addition
to the basic part-time law enforcement | ||
police training course. The training for permanent and
| ||
part-time law enforcement
police officers and permanent county | ||
corrections officers may
be given in any schools selected by | ||
the Board. Such training may include all
or any part of the | ||
subjects enumerated in Section 7 of this Act.
| ||
The corporate authorities of all participating local | ||
governmental agencies
may elect to participate in the advanced | ||
training for permanent and
part-time law enforcement police |
officers and permanent county corrections
officers but | ||
nonparticipation in this program shall not in any way affect | ||
the
mandatory responsibility of governmental units to | ||
participate in the basic
recruit training programs for | ||
probationary full-time and part-time law enforcement
police
| ||
and permanent county corrections officers. The failure of any | ||
permanent or
part-time law enforcement
police officer or | ||
permanent county corrections officer to
successfully complete | ||
any course authorized under this Section
shall not affect the | ||
officer's status as a member of the police
department or county | ||
sheriff's office of any local governmental agency.
| ||
The Board may initiate, administer, and conduct training | ||
programs for
clerks of circuit courts. Those training programs, | ||
at the Board's discretion,
may be the same or variations of | ||
training programs for law enforcement
officers.
| ||
The Board shall initiate, administer, and conduct a | ||
training program
regarding the set
up and operation of
portable | ||
scales for all municipal and county police officers, | ||
technicians,
and employees who set up
and operate portable | ||
scales. This
training
program must include classroom and field | ||
training.
| ||
(Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99.)
| ||
(50 ILCS 705/10.2)
| ||
Sec. 10.2. Criminal background investigations.
| ||
(a) On and after March 14, 2002 ( the effective date of |
Public Act 92-533) this amendatory Act of the 92nd
General | ||
Assembly ,
an applicant for employment as a peace officer, or | ||
for annual certification as a retired law enforcement officer | ||
qualified under federal law to carry a concealed weapon, shall | ||
authorize an
investigation to determine if
the applicant has | ||
been convicted of , or entered a plea of guilty to, any criminal | ||
offense that disqualifies the
person as a peace
officer.
| ||
(b) No governmental law enforcement agency may knowingly | ||
employ a person, or certify a retired law enforcement officer | ||
qualified under federal law to carry a concealed weapon, unless | ||
(i) a
criminal
background investigation of that person
has been | ||
completed and (ii) that investigation reveals no convictions of | ||
or pleas of guilty to of
offenses specified in subsection (a) | ||
of Section 6.1 of this Act.
| ||
(Source: P.A. 101-187, eff. 1-1-20; revised 9-23-19.)
| ||
(50 ILCS 705/10.3)
| ||
Sec. 10.3. Training of law enforcement police officers to | ||
conduct electronic
interrogations. | ||
(a)
From appropriations made to it for that purpose, the | ||
Board shall initiate,
administer, and conduct training | ||
programs for permanent law enforcement police officers,
| ||
part-time law enforcement police officers, and recruits on the | ||
methods and technical aspects of
conducting electronic | ||
recordings of interrogations. | ||
(b) Subject to appropriation, the Board shall develop |
technical guidelines for the mandated recording of custodial | ||
interrogations in all homicide investigations by law | ||
enforcement agencies. These guidelines shall be developed in | ||
conjunction with law enforcement agencies and technology | ||
accreditation groups to provide guidance for law enforcement | ||
agencies in implementing the mandated recording of custodial | ||
interrogations in all homicide investigations.
| ||
(Source: P.A. 95-688, eff. 10-23-07.)
| ||
(50 ILCS 705/10.7) | ||
Sec. 10.7. Mandatory training; police chief and deputy | ||
police chief. Each police chief and deputy police chief shall | ||
obtain at least 20 hours of training each year. The training | ||
must be approved by the Illinois Law Enforcement Training and | ||
Standards Board and must be related to law enforcement, | ||
management or executive development, or ethics. This | ||
requirement may be satisfied by attending any training portion | ||
of a conference held by an association that represents chiefs | ||
of police that has been approved by the Illinois Law | ||
Enforcement Training and Standards Board. Any police chief and | ||
any deputy police chief, upon presentation of a certificate of | ||
completion from the person or entity conducting the training, | ||
shall be reimbursed by the municipality in accordance with the | ||
municipal policy regulating the terms of reimbursement, for the | ||
officer's his or her reasonable expenses in obtaining the | ||
training required under this Section. No police chief or deputy |
police chief may attend any recognized training offering | ||
without the prior approval of the officer's his or her | ||
municipal mayor, manager, or immediate supervisor. | ||
This Section does not apply to the City of Chicago or the | ||
Sheriff's Police Department in Cook County.
| ||
(Source: P.A. 94-354, eff. 1-1-06; revised 11-16-20.) | ||
(50 ILCS 705/10.11) | ||
Sec. 10.11. Training; death and homicide investigation. | ||
The Illinois Law Enforcement Training and Standards Board shall | ||
conduct or approve a training program in death and homicide | ||
investigation for the training of law enforcement officers of | ||
local government agencies. Only law enforcement officers who | ||
successfully complete the training program may be assigned as | ||
lead investigators in death and homicide investigations. | ||
Satisfactory completion of the training program shall be | ||
evidenced by a certificate issued to the law enforcement | ||
officer by the Illinois Law Enforcement Training and Standards | ||
Board.
| ||
The Illinois Law Enforcement Training and Standards Board | ||
shall develop a process for waiver applications sent by a local | ||
governmental law enforcement agency administrator for those | ||
officers whose prior training and experience as homicide | ||
investigators may qualify them for a waiver. The Board may | ||
issue a waiver at its discretion, based solely on the prior | ||
training and experience of an officer as a homicide |
investigator. This Section does not affect or impede the powers | ||
of the office of the coroner to investigate all deaths as | ||
provided in Division 3-3 of the Counties Code and the Coroner | ||
Training Board Act. | ||
(Source: P.A. 99-408, eff. 1-1-16; revised 11-16-20.) | ||
(50 ILCS 705/10.12) | ||
Sec. 10.12. Police dog training standards. All police dogs | ||
used by State and local governmental law enforcement agencies | ||
for drug enforcement purposes pursuant to the Cannabis Control | ||
Act, the Illinois Controlled Substances Act, or the | ||
Methamphetamine Control and Community Protection Act shall be | ||
trained by programs that meet the minimum certification | ||
requirements set by the Board.
| ||
(Source: P.A. 101-27, eff. 6-25-19.) | ||
(50 ILCS 705/10.13) | ||
Sec. 10.13. Training; Post-Traumatic Stress Disorder | ||
(PTSD). The Illinois Law Enforcement Training Standards Board | ||
shall conduct or approve a training program in Post-Traumatic | ||
Stress Disorder (PTSD) for law enforcement officers of local | ||
governmental government agencies. The purpose of that training | ||
shall be to equip law enforcement officers of local | ||
governmental government agencies to identify the symptoms of | ||
PTSD and to respond appropriately to individuals exhibiting | ||
those symptoms.
|
(Source: P.A. 97-1040, eff. 1-1-13.) | ||
(50 ILCS 705/10.16) | ||
Sec. 10.16. Veterans' awareness. The Illinois Law | ||
Enforcement Training Standards Board may conduct or approve a | ||
training program in veterans' awareness for law enforcement | ||
officers of local government agencies. The program shall train | ||
law enforcement officers to identify issues relating to | ||
veterans and provide guidelines dictating how law enforcement | ||
officers should respond to and address such issues. Each local | ||
governmental government agency is encouraged to designate an | ||
individual to respond to veterans' issues.
| ||
(Source: P.A. 98-960, eff. 1-1-15 .) | ||
(50 ILCS 705/10.18) | ||
Sec. 10.18. Training; administration of opioid | ||
antagonists. The Board shall conduct or approve an in-service | ||
training program for law enforcement police officers in the | ||
administration of opioid antagonists as defined in paragraph | ||
(1) of subsection (e) of Section 5-23 of the Substance Use | ||
Disorder Act that is in accordance with that Section. As used | ||
in this Section, the term " law enforcement police officers" | ||
includes full-time or part-time probationary law enforcement | ||
police officers, permanent or part-time law enforcement police | ||
officers, law enforcement officers, recruits, permanent or | ||
probationary county corrections officers, permanent or |
probationary county security officers, and court security | ||
officers. The term does not include auxiliary police officers | ||
as defined in Section 3.1-30-20 of the Illinois Municipal Code.
| ||
(Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; | ||
100-759, eff. 1-1-19 .) | ||
(50 ILCS 705/10.19) | ||
Sec. 10.19. Training; administration of epinephrine. | ||
(a) This Section, along with Section 40 of the State Police | ||
Act, may be referred to as the Annie LeGere Law. | ||
(b) For purposes of this Section, "epinephrine | ||
auto-injector" means a single-use device used for the automatic | ||
injection of a pre-measured dose of epinephrine into the human | ||
body prescribed in the name of a local governmental agency. | ||
(c) The Board shall conduct or approve an optional advanced | ||
training program for law enforcement police officers to | ||
recognize and respond to anaphylaxis, including the | ||
administration of an epinephrine auto-injector. The training | ||
must include, but is not limited to: | ||
(1) how to recognize symptoms of an allergic reaction; | ||
(2) how to respond to an emergency involving an | ||
allergic reaction; | ||
(3) how to administer an epinephrine auto-injector; | ||
(4) how to respond to an individual with a known | ||
allergy as well as an individual with a previously unknown | ||
allergy; |
(5) a test demonstrating competency of the knowledge | ||
required to recognize anaphylaxis and administer an | ||
epinephrine auto-injector; and | ||
(6) other criteria as determined in rules adopted by | ||
the Board. | ||
(d) A local governmental agency may authorize a law | ||
enforcement police officer who has completed an optional | ||
advanced training program under subsection (c) to carry, | ||
administer, or assist with the administration of epinephrine | ||
auto-injectors provided by the local governmental agency | ||
whenever the officer he or she is performing official duties. | ||
(e) A local governmental agency that authorizes its | ||
officers to carry and administer epinephrine auto-injectors | ||
under subsection (d) must establish a policy to control the | ||
acquisition, storage, transportation, administration, and | ||
disposal of epinephrine auto-injectors and to provide | ||
continued training in the administration of epinephrine | ||
auto-injectors. | ||
(f) A physician, physician's assistant with prescriptive | ||
authority, or advanced practice registered nurse with | ||
prescriptive authority may provide a standing protocol or | ||
prescription for epinephrine auto-injectors in the name of a | ||
local governmental agency to be maintained for use when | ||
necessary. | ||
(g) When a law enforcement police officer administers an | ||
epinephrine auto-injector in good faith, the law enforcement |
police officer and local governmental agency, and its employees | ||
and agents, including a physician, physician's assistant with | ||
prescriptive authority, or advanced practice registered nurse | ||
with prescriptive authority who provides a standing order or | ||
prescription for an epinephrine auto-injector, incur no civil | ||
or professional liability, except for willful and wanton | ||
conduct, or as a result of any injury or death arising from the | ||
use of an epinephrine auto-injector.
| ||
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17; | ||
100-648, eff. 7-31-18.) | ||
(50 ILCS 705/10.20) | ||
Sec. 10.20. Disposal of medications. The Board shall | ||
develop rules and minimum standards for local governmental | ||
agencies that authorize law enforcement police officers to | ||
dispose of unused medications under Section 18 of the Safe | ||
Pharmaceutical Disposal Act.
| ||
(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.) | ||
(50 ILCS 705/10.22) | ||
Sec. 10.22. School resource officers. | ||
(a) The Board shall develop or approve a course for school | ||
resource officers as defined in Section 10-20.68 of the School | ||
Code. | ||
(b) The school resource officer course shall be developed | ||
within one year after January 1, 2019 (the effective date of |
Public Act 100-984) and shall be created in consultation with | ||
organizations demonstrating expertise and or experience in the | ||
areas of youth and adolescent developmental issues, | ||
educational administrative issues, prevention of child abuse | ||
and exploitation, youth mental health treatment, and juvenile | ||
advocacy. | ||
(c) The Board shall develop a process allowing law | ||
enforcement agencies to request a waiver of this training | ||
requirement for any specific individual assigned as a school | ||
resource officer. Applications for these waivers may be | ||
submitted by a local governmental law enforcement agency chief | ||
administrator for any officer whose prior training and | ||
experience may qualify for a waiver of the training requirement | ||
of this subsection (c). The Board may issue a waiver at its | ||
discretion, based solely on the prior training and experience | ||
of an officer. | ||
(d) Upon completion, the employing agency shall be issued a | ||
certificate attesting to a specific officer's completion of the | ||
school resource officer training. Additionally, a letter of | ||
approval shall be issued to the employing agency for any | ||
officer who is approved for a training waiver under this | ||
subsection (d).
| ||
(Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(50 ILCS 705/13 new) | ||
Sec. 13. Admissibility. Notwithstanding any other law or |
rule of evidence, the fact that a certificate was issued, | ||
denied, or revoked by the Board, is admissible in a judicial or | ||
administrative proceeding as prima facie evidence of any facts | ||
stated. | ||
(50 ILCS 705/6.2 rep.)
| ||
(50 ILCS 705/9.1 rep.)
| ||
(50 ILCS 705/10.5 rep.)
| ||
Section 25-45. The Illinois Police Training Act is amended | ||
by repealing Sections 6.2, 9.1, and 10.5.
| ||
Section 25-50. The Counties Code is amended by changing | ||
Section 3-6001.5 as follows:
| ||
(55 ILCS 5/3-6001.5)
| ||
Sec. 3-6001.5. Sheriff qualifications. A On or after the | ||
effective date of this amendatory Act of the 98th General | ||
Assembly,
except as otherwise provided in this Section, a | ||
person is not eligible to be elected or
appointed to the office | ||
of sheriff, unless that person meets all of the
following | ||
requirements:
| ||
(1) Is a United States citizen.
| ||
(2) Has been a resident of the county for at least one | ||
year.
| ||
(3) Is not a convicted felon.
| ||
(4) Has a certificate attesting to his or her |
successful completion of the Minimum Standards Basic Law | ||
Enforcement Officers Training Course as prescribed by the | ||
Illinois Law Enforcement Training Standards Board or a | ||
substantially similar training program of another state or | ||
the federal government. This paragraph does not apply to a | ||
sheriff currently serving on the effective date of this | ||
amendatory Act of the 101st General Assembly. | ||
(Source: P.A. 98-115, eff. 7-29-13.)
| ||
Article 99. | ||
General Provisions | ||
Section 99-995. No acceleration or delay. Where this Act | ||
makes changes in a statute that is represented in this Act by | ||
text that is not yet or no longer in effect (for example, a | ||
Section represented by multiple versions), the use of that text | ||
does not accelerate or delay the taking effect of (i) the | ||
changes made by this Act or (ii) provisions derived from any | ||
other Public Act. | ||
Section 99-997. Severability. The provisions of this Act | ||
are severable under Section 1.31 of the Statute on Statutes. | ||
Section 99-999. Effective date. This Act takes effect July | ||
1, 2021, except that Article 25 takes effect January 1, 2022, | ||
Sections 10-105, 10-110, 10-115, 10-120, 10-140, 10-155, | ||
10-160, 10-175, 10-180, 10-185, 10-190, 10-195, 10-200, |
10-205, 10-210, 10-215, 10-255, 10-265, 10-270, 10-275, | ||
10-280, 10-285, 10-290, 10-295, 10-300, 10-305, 10-310, | ||
10-315, 10-320, and 10-325 take effect January 1, 2023, and | ||
Article 2 takes effect January 1, 2025. |