102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB4208

Introduced 11/14/2022, by Sen. Rachelle Crowe

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Police Training Act. Deletes provisions that for 4 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 the Act. Deletes specific minimum hours of training in certain areas. Amends the Interference With Penal Institution Article of the Criminal Code of 2012. In the definition of "firearm", deletes language providing that a firearm includes any device that is powered by electrical charging units,

such as
batteries, and that fires one or several barbs attached to a length

of
wire and that, 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. Amends the Code of Criminal Procedure of 1963. Provides that a law enforcement officer shall issue a citation in lieu of custodial arrest, upon proper identification, for a person accused of a Class B misdemeanor offense, a Class C misdemeanor offense, a petty offense, or a business offense. Provides an exemption if: (1) a law enforcement officer reasonably believes the accused poses a threat to the community or any person or that in the mind of the law enforcement officer a custodial arrest is necessary to discontinue the criminal behavior or breach of the peace, or (2) a custodial arrest is necessary to address an obvious medical or mental health issue that poses a risk to an individual's own safety. Deletes language providing that those released on citation shall be scheduled into court within 21 days. Deletes language providing that 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. Amends the Unified Code of Corrections. Deletes from the electronic monitoring and home detention provisions that an offender who violates the terms or conditions of electronic monitoring or home detention must remain in violation for at least 48 hours in order for the offender to be guilty of a violation.

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A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Illinois Police Training Act is amended by

5 changing Sections 8.4, 10.6, and 10.17 as follows:

6 (50 ILCS 705/8.4)

7 Sec. 8.4. Law enforcement compliance verification.

8 (a)(1) Unless on inactive status under subsection (b) of

9 Section 8.1 or subsection (b) of Section 8.2, every law

10 enforcement officer subject to this Act shall submit a

11 verification form that confirms compliance with this Act. The

12 verification shall apply to the 3 calendar years preceding the

13 date of verification. Law enforcement officers shall submit

14 the officer's first report by January 30 during the initial

15 three-year reporting period, as determined on the basis of the

16 law enforcement officer's last name under paragraph (2) of

17 this subsection then every third year of the officer's

18 applicable three-year report period as determined by the

19 Board. At the conclusion of each law enforcement officer's

20 applicable reporting period, the chief administrative officer

21 of the officer's law enforcement agency is to determine the

22 compliance of each officer under this Section. An officer may

23 verify their successful completion of training requirements

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1 with their law enforcement agency. Each law enforcement

2 officer is responsible for reporting and demonstrating

3 compliance to the officer's chief administrative officer.

4 (2) The applicable three-year reporting period shall begin

5 on January 30, 2023 for law enforcement officers whose last

6 names being with the letters A through G, on January 30, 2024

7 for law enforcement officers whose last names being with the

8 letters H through O, and January 30, 2025 for law enforcement

9 officers whose last names being with the letters P through Z.

10 (3) The compliance verification form shall be in a form

11 and manner prescribed by the Board and, at a minimum, include

12 the following: (i) verification that the law enforcement

13 officer has completed the mandatory training programs in the

14 preceding 3 years; (ii) the law enforcement officer's current

15 employment information, including but not limited to, the

16 termination of any previous law enforcement or security

17 employment in the relevant time period; and (iii) a statement

18 verifying that the officer has not committed misconduct under

19 Section 6.1.

20 (b) (1) On October 1 of each year, the Board shall send

21 notice to all certified law enforcement officers, unless

22 exempted in (a), of the upcoming deadline to submit the

23 compliance verification form. No later than March 1 of each

24 year, the Board shall send notice to all certified law

25 enforcement officers who have failed to submit the compliance

26 verification form, as well as the officer's law enforcement

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1 agencies. The Board shall not send a notice of noncompliance

2 to law enforcement officers whom the Board knows, based on the

3 status of the law enforcement officer's certification status,

4 are inactive or retired. The Board may accept compliance

5 verification forms until April 1 of the year in which a law

6 enforcement officer is required to submit the form.

7 (2) No earlier than April 1 of the year in which a law

8 enforcement officer is required to submit a verification form,

9 the Board may determine a law enforcement officer's

10 certification to be inactive if the law enforcement officer

11 failed to either: (1) submit a compliance verification in

12 accordance with this Section; or (2) report an exemption from

13 the requirements of this Section. The Board shall then send

14 notice, by mail or email, to any such law enforcement officer

15 and the officer's law enforcement agency that the officer's

16 certificate will be deemed inactive on the date specified in

17 the notice, which shall be no sooner than 21 days from the date

18 of the notice, because of the officer's failure to comply or

19 report compliance, or failure to report an exemption. The

20 Board shall deem inactive the certificate of such law

21 enforcement officers on the date specified in the notice

22 unless the Board determines before that date that the law

23 enforcement officer has complied. A determination that a

24 certificate is inactive under this section is not a

25 disciplinary sanction.

26 (3) A law enforcement officer who was on inactive status

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1 shall, upon return to active status, be required to complete

2 the deferred training programs within 1 year.

3 (4) The Board may waive the reporting requirements, as

4 required in this section, if the law enforcement officer or

5 the officer's law enforcement agency demonstrates the

6 existence of mitigating circumstances justifying the law

7 enforcement officer's failure to obtain the training

8 requirements due to failure of the officer's law enforcement

9 agency or the Board to offer the training requirement during

10 the officer's required compliance verification period. If the

11 Board finds that the law enforcement officer can meet the

12 training requirements with extended time, the Board may allow

13 the law enforcement officer a maximum of six additional months

14 to complete the requirements.

15 (5) A request for a training waiver under this subsection

16 due to the mitigating circumstance shall be in writing,

17 accompanied by verifying documentation, and shall be submitted

18 to the Board not less than 30 days before the end of the law

19 enforcement officer's required compliance verification period.

20 (6) A law enforcement officer whose request for waiver

21 under this subsection is denied, is entitled to a request for a

22 review by the Board. The law enforcement officer or the

23 officer's law enforcement agency must request a review within

24 20 days after the waiver being denied. The burden of proof

25 shall be on the law enforcement officer to show why the officer

26 is entitled to a waiver.

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1 (c) Recordkeeping and audits.

2 (1) (Blank). ~~For four years after the end of each~~

3 ~~reporting period, each certified law enforcement officer~~

4 ~~shall maintain sufficient documentation necessary to~~

5 ~~corroborate compliance with the mandatory training~~

6 ~~requirements under this Act.~~

7 (2) Notwithstanding any other provision in state law,

8 for 4 ~~four~~ years after the end of each reporting period,

9 each law enforcement agency shall maintain sufficient

10 documentation necessary to corroborate compliance with the

11 mandatory training requirements under this Act of each

12 officer it employs or employed within the relevant time

13 period.

14 (3) The Board may audit compliance verification forms

15 submitted to determine the accuracy of the submissions.

16 The audit may include but is not limited to, training

17 verification and a law enforcement officer background

18 check.

19 (d) Audits that reveal an inaccurate verification.

20 (1) If an audit conducted under paragraph (3) of

21 subsection (c) of this Section reveals inaccurate

22 information, the Board shall provide the law enforcement

23 officer and employing law enforcement agency with written

24 notice containing: (i) the results of the audit,

25 specifying each alleged inaccuracy; (ii) a summary of the

26 basis of that determination; and (iii) a deadline, which

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1 shall be at least 30 days from the date of the notice, for

2 the law enforcement officer to file a written response if

3 the law enforcement officer objects to any of the contents

4 of the notice.

5 (2) After considering any response from the law

6 enforcement officer, if the Board determines that the law

7 enforcement officer filed an inaccurate verification, the

8 law enforcement officer shall be given 60 days in which to

9 file an amended verification form, together with all

10 documentation specified in paragraph (e)(1), demonstrating

11 full compliance with the applicable requirements.

12 (3) If the results of the audit suggest that the law

13 enforcement officer willfully filed a false verification

14 form, the Board shall submit a formal complaint to the

15 Panel for decertification. An officer who has been

16 decertified for willfully filing a false verification form

17 shall not be eligible for reactivation under subsection

18 (e).

19 (e) Reactivation. A law enforcement officer who has been

20 deemed inactive due to noncompliance with the reporting

21 requirements under paragraph (a)(1) may request to have the

22 Board re-activate his or her certification upon submitting a

23 compliance verification form that shows full compliance for

24 the period in which the law enforcement officer was deemed

25 inactive due to noncompliance. The Board shall make a

26 determination regarding a submission under this subsection

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1 active no later than 7 days after the Board determines full

2 compliance or continued noncompliance.

3 A law enforcement officer whose request for reactivation

4 under this subsection (e) is denied is entitled to request a

5 review by the Board. The law enforcement officer or the

6 officer's law enforcement agency must request a review within

7 20 days after reactivation being denied. The burden of proof

8 shall be on the law enforcement officer or law enforcement

9 agency to show that the officer is in full compliance.

10 (f) Notwithstanding any provision of law to the contrary,

11 the changes made to this Section by this amendatory Act of the

12 102nd General Assembly and Public Act 101-652 take effect July

13 1, 2022.

14 (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)

15 (50 ILCS 705/10.6)

16 Sec. 10.6. Mandatory training to be completed every 3

17 years.

18 (a) The Board shall adopt rules and minimum standards for

19 in-service training requirements as set forth in this Section.

20 The training shall provide officers with knowledge of policies

21 and laws regulating the use of force; equip officers with

22 tactics and skills, including de-escalation techniques, to

23 prevent or reduce the need to use force or, when force must be

24 used, to use force that is objectively reasonable, necessary,

25 and proportional under the totality of the circumstances; and

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1 ensure appropriate supervision and accountability. The

2 training shall include:

3 (1) Hands-on ~~At least 12 hours of hands-on~~,

4 scenario-based role-playing.

5 (2) Instruction ~~At least 6 hours of instruction~~ on use

6 of force techniques, including the use of de-escalation

7 techniques to prevent or reduce the need for force

8 whenever safe and feasible.

9 (3) Specific training on the law concerning stops,

10 searches, and the use of force under the Fourth Amendment

11 to the United States Constitution.

12 (4) Specific training on officer safety techniques,

13 including cover, concealment, and time.

14 (5) Training ~~At least 6 hours of training~~ focused on

15 high-risk traffic stops.

16 (b) Notwithstanding any provision of law to the contrary,

17 the changes made to this Section by ~~this amendatory Act of the~~

18 ~~102nd General Assembly,~~ Public Act 101-652, ~~and~~ Public Act

19 102-28, and Public Act 102-694 take effect July 1, 2022.

20 ~~This Section takes effect January 1, 2022.~~

21 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;

22 102-694, eff. 1-7-22; revised 2-3-22.)

23 (50 ILCS 705/10.17)

24 Sec. 10.17. Crisis intervention team training; mental

25 health awareness training.

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1 (a) The Illinois Law Enforcement Training Standards Board

2 shall develop and approve a standard curriculum for certified

3 training programs in crisis intervention, including a

4 specialty certification course ~~of at least 40 hours,~~

5 addressing specialized policing responses to people with

6 mental illnesses. The Board shall conduct Crisis Intervention

7 Team (CIT) training programs that train officers to identify

8 signs and symptoms of mental illness, to de-escalate

9 situations involving individuals who appear to have a mental

10 illness, and connect that person in crisis to treatment.

11 Crisis Intervention Team (CIT) training programs shall be a

12 collaboration between law enforcement professionals, mental

13 health providers, families, and consumer advocates and must

14 minimally include the following components: (1) basic

15 information about mental illnesses and how to recognize them;

16 (2) information about mental health laws and resources; (3)

17 learning from family members of individuals with mental

18 illness and their experiences; and (4) verbal de-escalation

19 training and role-plays. Officers who have successfully

20 completed this program shall be issued a certificate attesting

21 to their attendance of a Crisis Intervention Team (CIT)

22 training program.

23 (b) The Board shall create an introductory course

24 incorporating adult learning models that provides law

25 enforcement officers with an awareness of mental health issues

26 including a history of the mental health system, types of

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1 mental health illness including signs and symptoms of mental

2 illness and common treatments and medications, and the

3 potential interactions law enforcement officers may have on a

4 regular basis with these individuals, their families, and

5 service providers including de-escalating a potential crisis

6 situation. This course, in addition to other traditional

7 learning settings, may be made available in an electronic

8 format.

9 The amendatory changes to this Section made by Public Act

10 101-652 shall take effect January 1, 2022.

11 (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)

12 Section 10. The Criminal Code of 2012 is amended by

13 changing Section 31A-0.1 as follows:

14 (720 ILCS 5/31A-0.1)

15 (Text of Section before amendment by P.A. 101-652)

16 Sec. 31A-0.1. Definitions. For the purposes of this

17 Article:

18 "Deliver" or "delivery" means the actual, constructive or

19 attempted transfer of possession of an item of contraband,

20 with or without consideration, whether or not there is an

21 agency relationship.

22 "Employee" means any elected or appointed officer, trustee

23 or employee of a penal institution or of the governing

24 authority of the penal institution, or any person who performs

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1 services for the penal institution pursuant to contract with

2 the penal institution or its governing authority.

3 "Item of contraband" means any of the following:

4 (i) "Alcoholic liquor" as that term is defined in

5 Section 1-3.05 of the Liquor Control Act of 1934.

6 (ii) "Cannabis" as that term is defined in subsection

7 (a) of Section 3 of the Cannabis Control Act.

8 (iii) "Controlled substance" as that term is defined

9 in the Illinois Controlled Substances Act.

10 (iii-a) "Methamphetamine" as that term is defined in

11 the Illinois Controlled Substances Act or the

12 Methamphetamine Control and Community Protection Act.

13 (iv) "Hypodermic syringe" or hypodermic needle, or any

14 instrument adapted for use of controlled substances or

15 cannabis by subcutaneous injection.

16 (v) "Weapon" means any knife, dagger, dirk, billy,

17 razor, stiletto, broken bottle, or other piece of glass

18 which could be used as a dangerous weapon. This term

19 includes any of the devices or implements designated in

20 subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of

21 this Code, or any other dangerous weapon or instrument of

22 like character.

23 (vi) "Firearm" means any device, by whatever name

24 known, which is designed to expel a projectile or

25 projectiles by the action of an explosion, expansion of

26 gas or escape of gas, including but not limited to:

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1 (A) any pneumatic gun, spring gun, or B-B gun

2 which expels a single globular projectile not

3 exceeding .18 inch in diameter; or

4 (B) any device used exclusively for signaling or

5 safety and required as recommended by the United

6 States Coast Guard or the Interstate Commerce

7 Commission; or

8 (C) any device used exclusively for the firing of

9 stud cartridges, explosive rivets or industrial

10 ammunition; or

11 (D) any device which is powered by electrical

12 charging units, such as batteries, and which fires one

13 or several barbs attached to a length of wire and

14 which, upon hitting a human, can send out current

15 capable of disrupting the person's nervous system in

16 such a manner as to render him or her incapable of

17 normal functioning, commonly referred to as a stun gun

18 or taser.

19 (vii) "Firearm ammunition" means any self-contained

20 cartridge or shotgun shell, by whatever name known, which

21 is designed to be used or adaptable to use in a firearm,

22 including but not limited to:

23 (A) any ammunition exclusively designed for use

24 with a device used exclusively for signaling or safety

25 and required or recommended by the United States Coast

26 Guard or the Interstate Commerce Commission; or

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1 (B) any ammunition designed exclusively for use

2 with a stud or rivet driver or other similar

3 industrial ammunition.

4 (viii) "Explosive" means, but is not limited to, bomb,

5 bombshell, grenade, bottle or other container containing

6 an explosive substance of over one-quarter ounce for like

7 purposes such as black powder bombs and Molotov cocktails

8 or artillery projectiles.

9 (ix) "Tool to defeat security mechanisms" means, but

10 is not limited to, handcuff or security restraint key,

11 tool designed to pick locks, popper, or any device or

12 instrument used to or capable of unlocking or preventing

13 from locking any handcuff or security restraints, doors to

14 cells, rooms, gates or other areas of the penal

15 institution.

16 (x) "Cutting tool" means, but is not limited to,

17 hacksaw blade, wirecutter, or device, instrument or file

18 capable of cutting through metal.

19 (xi) "Electronic contraband" for the purposes of

20 Section 31A-1.1 of this Article means, but is not limited

21 to, any electronic, video recording device, computer, or

22 cellular communications equipment, including, but not

23 limited to, cellular telephones, cellular telephone

24 batteries, videotape recorders, pagers, computers, and

25 computer peripheral equipment brought into or possessed in

26 a penal institution without the written authorization of

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1 the Chief Administrative Officer. "Electronic contraband"

2 for the purposes of Section 31A-1.2 of this Article,

3 means, but is not limited to, any electronic, video

4 recording device, computer, or cellular communications

5 equipment, including, but not limited to, cellular

6 telephones, cellular telephone batteries, videotape

7 recorders, pagers, computers, and computer peripheral

8 equipment.

9 "Penal institution" means any penitentiary, State farm,

10 reformatory, prison, jail, house of correction, police

11 detention area, half-way house or other institution or place

12 for the incarceration or custody of persons under sentence for

13 offenses awaiting trial or sentence for offenses, under arrest

14 for an offense, a violation of probation, a violation of

15 parole, a violation of aftercare release, or a violation of

16 mandatory supervised release, or awaiting a bail setting

17 hearing or preliminary hearing; provided that where the place

18 for incarceration or custody is housed within another public

19 building this Article shall not apply to that part of the

20 building unrelated to the incarceration or custody of persons.

21 (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)

22 (Text of Section after amendment by P.A. 101-652)

23 Sec. 31A-0.1. Definitions. For the purposes of this

24 Article:

25 "Deliver" or "delivery" means the actual, constructive or

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1 attempted transfer of possession of an item of contraband,

2 with or without consideration, whether or not there is an

3 agency relationship.

4 "Employee" means any elected or appointed officer, trustee

5 or employee of a penal institution or of the governing

6 authority of the penal institution, or any person who performs

7 services for the penal institution pursuant to contract with

8 the penal institution or its governing authority.

9 "Item of contraband" means any of the following:

10 (i) "Alcoholic liquor" as that term is defined in

11 Section 1-3.05 of the Liquor Control Act of 1934.

12 (ii) "Cannabis" as that term is defined in subsection

13 (a) of Section 3 of the Cannabis Control Act.

14 (iii) "Controlled substance" as that term is defined

15 in the Illinois Controlled Substances Act.

16 (iii-a) "Methamphetamine" as that term is defined in

17 the Illinois Controlled Substances Act or the

18 Methamphetamine Control and Community Protection Act.

19 (iv) "Hypodermic syringe" or hypodermic needle, or any

20 instrument adapted for use of controlled substances or

21 cannabis by subcutaneous injection.

22 (v) "Weapon" means any knife, dagger, dirk, billy,

23 razor, stiletto, broken bottle, or other piece of glass

24 which could be used as a dangerous weapon. This term

25 includes any of the devices or implements designated in

26 subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of

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1 this Code, or any other dangerous weapon or instrument of

2 like character.

3 (vi) "Firearm" means any device, by whatever name

4 known, which is designed to expel a projectile or

5 projectiles by the action of an explosion, expansion of

6 gas or escape of gas, including but not limited to:

7 (A) any pneumatic gun, spring gun, or B-B gun

8 which expels a single globular projectile not

9 exceeding .18 inch in diameter; or

10 (B) any device used exclusively for signaling or

11 safety and required as recommended by the United

12 States Coast Guard or the Interstate Commerce

13 Commission; or

14 (C) any device used exclusively for the firing of

15 stud cartridges, explosive rivets or industrial

16 ammunition; or

17 (D) (blank). ~~any device which is powered by~~

18 ~~electrical charging units, such as batteries, and~~

19 ~~which fires one or several barbs attached to a length~~

20 ~~of wire and which, upon hitting a human, can send out~~

21 ~~current capable of disrupting the person's nervous~~

22 ~~system in such a manner as to render him or her~~

23 ~~incapable of normal functioning, commonly referred to~~

24 ~~as a stun gun or taser.~~

25 (vii) "Firearm ammunition" means any self-contained

26 cartridge or shotgun shell, by whatever name known, which

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1 is designed to be used or adaptable to use in a firearm,

2 including but not limited to:

3 (A) any ammunition exclusively designed for use

4 with a device used exclusively for signaling or safety

5 and required or recommended by the United States Coast

6 Guard or the Interstate Commerce Commission; or

7 (B) any ammunition designed exclusively for use

8 with a stud or rivet driver or other similar

9 industrial ammunition.

10 (viii) "Explosive" means, but is not limited to, bomb,

11 bombshell, grenade, bottle or other container containing

12 an explosive substance of over one-quarter ounce for like

13 purposes such as black powder bombs and Molotov cocktails

14 or artillery projectiles.

15 (ix) "Tool to defeat security mechanisms" means, but

16 is not limited to, handcuff or security restraint key,

17 tool designed to pick locks, popper, or any device or

18 instrument used to or capable of unlocking or preventing

19 from locking any handcuff or security restraints, doors to

20 cells, rooms, gates or other areas of the penal

21 institution.

22 (x) "Cutting tool" means, but is not limited to,

23 hacksaw blade, wirecutter, or device, instrument or file

24 capable of cutting through metal.

25 (xi) "Electronic contraband" for the purposes of

26 Section 31A-1.1 of this Article means, but is not limited

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1 to, any electronic, video recording device, computer, or

2 cellular communications equipment, including, but not

3 limited to, cellular telephones, cellular telephone

4 batteries, videotape recorders, pagers, computers, and

5 computer peripheral equipment brought into or possessed in

6 a penal institution without the written authorization of

7 the Chief Administrative Officer. "Electronic contraband"

8 for the purposes of Section 31A-1.2 of this Article,

9 means, but is not limited to, any electronic, video

10 recording device, computer, or cellular communications

11 equipment, including, but not limited to, cellular

12 telephones, cellular telephone batteries, videotape

13 recorders, pagers, computers, and computer peripheral

14 equipment.

15 "Penal institution" means any penitentiary, State farm,

16 reformatory, prison, jail, house of correction, police

17 detention area, half-way house or other institution or place

18 for the incarceration or custody of persons under sentence for

19 offenses awaiting trial or sentence for offenses, under arrest

20 for an offense, a violation of probation, a violation of

21 parole, a violation of aftercare release, or a violation of

22 mandatory supervised release, or awaiting a hearing on the

23 setting of conditions of pretrial release or preliminary

24 hearing; provided that where the place for incarceration or

25 custody is housed within another public building this Article

26 shall not apply to that part of the building unrelated to the

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1 incarceration or custody of persons.

2 (Source: P.A. 101-652, eff. 1-1-23.)

3 Section 15. The Code of Criminal Procedure of 1963 is

4 amended by changing Sections 109-1 and 109-2 as follows:

5 (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)

6 (Text of Section before amendment by P.A. 101-652)

7 Sec. 109-1. Person arrested.

8 (a) A person arrested with or without a warrant shall be

9 taken without unnecessary delay before the nearest and most

10 accessible judge in that county, except when such county is a

11 participant in a regional jail authority, in which event such

12 person may be taken to the nearest and most accessible judge,

13 irrespective of the county where such judge presides, and a

14 charge shall be filed. Whenever a person arrested either with

15 or without a warrant is required to be taken before a judge, a

16 charge may be filed against such person by way of a two-way

17 closed circuit television system, except that a hearing to

18 deny bail to the defendant may not be conducted by way of

19 closed circuit television.

20 (a-5) A person charged with an offense shall be allowed

21 counsel at the hearing at which bail is determined under

22 Article 110 of this Code. If the defendant desires counsel for

23 his or her initial appearance but is unable to obtain counsel,

24 the court shall appoint a public defender or licensed attorney

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1 at law of this State to represent him or her for purposes of

2 that hearing.

3 (b) The judge shall:

4 (1) Inform the defendant of the charge against him and

5 shall provide him with a copy of the charge;

6 (2) Advise the defendant of his right to counsel and

7 if indigent shall appoint a public defender or licensed

8 attorney at law of this State to represent him in

9 accordance with the provisions of Section 113-3 of this

10 Code;

11 (3) Schedule a preliminary hearing in appropriate

12 cases;

13 (4) Admit the defendant to bail in accordance with the

14 provisions of Article 110 of this Code; and

15 (5) Order the confiscation of the person's passport or

16 impose travel restrictions on a defendant arrested for

17 first degree murder or other violent crime as defined in

18 Section 3 of the Rights of Crime Victims and Witnesses

19 Act, if the judge determines, based on the factors in

20 Section 110-5 of this Code, that this will reasonably

21 ensure the appearance of the defendant and compliance by

22 the defendant with all conditions of release.

23 (c) The court may issue an order of protection in

24 accordance with the provisions of Article 112A of this Code.

25 (d) At the initial appearance of a defendant in any

26 criminal proceeding, the court must advise the defendant in

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1 open court that any foreign national who is arrested or

2 detained has the right to have notice of the arrest or

3 detention given to his or her country's consular

4 representatives and the right to communicate with those

5 consular representatives if the notice has not already been

6 provided. The court must make a written record of so advising

7 the defendant.

8 (e) If consular notification is not provided to a

9 defendant before his or her first appearance in court, the

10 court shall grant any reasonable request for a continuance of

11 the proceedings to allow contact with the defendant's

12 consulate. Any delay caused by the granting of the request by a

13 defendant shall temporarily suspend for the time of the delay

14 the period within which a person shall be tried as prescribed

15 by subsections (a), (b), or (e) of Section 103-5 of this Code

16 and on the day of the expiration of delay the period shall

17 continue at the point at which it was suspended.

18 (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,

19 eff. 1-1-18.)

20 (Text of Section after amendment by P.A. 101-652)

21 Sec. 109-1. Person arrested; release from law enforcement

22 custody and court appearance; geographical constraints prevent

23 in-person appearances.

24 (a) A person arrested with or without a warrant for an

25 offense for which pretrial release may be denied under

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1 paragraphs (1) through (6) of Section 110-6.1 shall be taken

2 without unnecessary delay before the nearest and most

3 accessible judge in that county, except when such county is a

4 participant in a regional jail authority, in which event such

5 person may be taken to the nearest and most accessible judge,

6 irrespective of the county where such judge presides, and a

7 charge shall be filed. Whenever a person arrested either with

8 or without a warrant is required to be taken before a judge, a

9 charge may be filed against such person by way of a two-way

10 closed circuit television system, except that a hearing to

11 deny pretrial release to the defendant may not be conducted by

12 way of closed circuit television.

13 (a-1) A law enforcement officer shall issue a citation in

14 lieu of custodial arrest, upon proper identification, for a

15 person accused of a Class B misdemeanor offense, a Class C

16 misdemeanor offense, a petty offense, or a business offense.

17 However, this subsection does not apply if: (1) a law

18 enforcement officer reasonably believes the accused poses a

19 threat to the community or any person or that in the mind of

20 the law enforcement officer a custodial arrest is necessary to

21 discontinue the criminal behavior or breach of the peace, or

22 (2) a custodial arrest is necessary to address an obvious

23 medical or mental health issue that poses a risk to an

24 individual's own safety. ~~Law enforcement shall issue a~~

25 ~~citation in lieu of custodial arrest, upon proper~~

26 ~~identification, for those accused of traffic and Class B and C~~

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1 ~~criminal misdemeanor offenses, or of petty and business~~

2 ~~offenses, who pose no obvious threat to the community or any~~

3 ~~person, or who have no obvious medical or mental health issues~~

4 ~~that pose a risk to their own safety. Those released on~~

5 ~~citation shall be scheduled into court within 21 days.~~

6 (a-3) A person arrested with or without a warrant for an

7 offense for which pretrial release may not be denied may,

8 except as otherwise provided in this Code, be released by the

9 officer without appearing before a judge. ~~The releasing~~

10 ~~officer shall issue the person a summons to appear within 21~~

11 ~~days.~~ A presumption in favor of pretrial release shall be ~~by~~

12 applied by an arresting officer in the exercise of his or her

13 discretion under this Section.

14 (a-5) A person charged with an offense shall be allowed

15 counsel at the hearing at which pretrial release is determined

16 under Article 110 of this Code. If the defendant desires

17 counsel for his or her initial appearance but is unable to

18 obtain counsel, the court shall appoint a public defender or

19 licensed attorney at law of this State to represent him or her

20 for purposes of that hearing.

21 (b) Upon initial appearance of a person before the court,

22 the judge shall:

23 (1) inform the defendant of the charge against him and

24 shall provide him with a copy of the charge;

25 (2) advise the defendant of his right to counsel and

26 if indigent shall appoint a public defender or licensed

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1 attorney at law of this State to represent him in

2 accordance with the provisions of Section 113-3 of this

3 Code;

4 (3) schedule a preliminary hearing in appropriate

5 cases;

6 (4) admit the defendant to pretrial release in

7 accordance with the provisions of Article110 ~~110/5~~ of

8 this Code, or upon verified petition of the State, proceed

9 with the setting of a detention hearing as provided in

10 Section 110-6.1; and

11 (5) order ~~Order~~ the confiscation of the person's

12 passport or impose travel restrictions on a defendant

13 arrested for first degree murder or other violent crime as

14 defined in Section 3 of the Rights of Crime Victims and

15 Witnesses Act, if the judge determines, based on the

16 factors in Section 110-5 of this Code, that this will

17 reasonably ensure the appearance of the defendant and

18 compliance by the defendant with all conditions of

19 release.

20 (c) The court may issue an order of protection in

21 accordance with the provisions of Article 112A of this Code.

22 Crime victims shall be given notice by the State's Attorney's

23 office of this hearing as required in paragraph (2) of

24 subsection (b) of Section 4.5 of the Rights of Crime Victims

25 and Witnesses Act and shall be informed of their opportunity

26 at this hearing to obtain an order of protection under Article

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1 112A of this Code.

2 (d) At the initial appearance of a defendant in any

3 criminal proceeding, the court must advise the defendant in

4 open court that any foreign national who is arrested or

5 detained has the right to have notice of the arrest or

6 detention given to his or her country's consular

7 representatives and the right to communicate with those

8 consular representatives if the notice has not already been

9 provided. The court must make a written record of so advising

10 the defendant.

11 (e) If consular notification is not provided to a

12 defendant before his or her first appearance in court, the

13 court shall grant any reasonable request for a continuance of

14 the proceedings to allow contact with the defendant's

15 consulate. Any delay caused by the granting of the request by a

16 defendant shall temporarily suspend for the time of the delay

17 the period within which a person shall be tried as prescribed

18 by subsection ~~subsections~~ (a), (b), or (e) of Section 103-5 of

19 this Code and on the day of the expiration of delay the period

20 shall continue at the point at which it was suspended.

21 (f) At the hearing at which conditions of pretrial release

22 are determined, the person charged shall be present in person

23 rather than by video phone or any other form of electronic

24 communication, unless the physical health and safety of the

25 person would be endangered by appearing in court or the

26 accused waives the right to be present in person.

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1 (g) Defense counsel shall be given adequate opportunity to

2 confer with the defendant ~~Defendant~~ prior to any hearing in

3 which conditions of release or the detention of the defendant

4 ~~Defendant~~ is to be considered, with a physical accommodation

5 made to facilitate attorney/client consultation.

6 (Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23;

7 revised 11-24-21.)

8 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)

9 (Text of Section before amendment by P.A. 101-652)

10 Sec. 109-2. Person arrested in another county.

11 (a) Any person arrested in a county other than the one in

12 which a warrant for his arrest was issued shall be taken

13 without unnecessary delay before the nearest and most

14 accessible judge in the county where the arrest was made or, if

15 no additional delay is created, before the nearest and most

16 accessible judge in the county from which the warrant was

17 issued. He shall be admitted to bail in the amount specified in

18 the warrant or, for offenses other than felonies, in an amount

19 as set by the judge, and such bail shall be conditioned on his

20 appearing in the court issuing the warrant on a certain date.

21 The judge may hold a hearing to determine if the defendant is

22 the same person as named in the warrant.

23 (b) Notwithstanding the provisions of subsection (a), any

24 person arrested in a county other than the one in which a

25 warrant for his arrest was issued, may waive the right to be

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1 taken before a judge in the county where the arrest was made.

2 If a person so arrested waives such right, the arresting

3 agency shall surrender such person to a law enforcement agency

4 of the county that issued the warrant without unnecessary

5 delay. The provisions of Section 109-1 shall then apply to the

6 person so arrested.

7 (Source: P.A. 86-298.)

8 (Text of Section after amendment by P.A. 101-652)

9 Sec. 109-2. Person arrested in another county.

10 (a) Any person arrested in a county other than the one in

11 which a warrant for his arrest was issued shall be taken

12 without unnecessary delay before the nearest and most

13 accessible judge in the county where the arrest was made or, if

14 no additional delay is created, before the nearest and most

15 accessible judge in the county from which the warrant was

16 issued. Upon arrival in the county in which the warrant was

17 issued, the status of the arrested person's release status

18 shall be determined by the release revocation process

19 described in Section 110-6. The judge may hold a hearing to

20 determine if the defendant is the same person as named in the

21 warrant.

22 (b) Notwithstanding the provisions of subsection (a), any

23 person arrested in a county other than the one in which a

24 warrant for his arrest was issued, may waive the right to be

25 taken before a judge in the county where the arrest was made.

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1 If a person so arrested waives such right, the arresting

2 agency shall surrender such person to a law enforcement agency

3 of the county that issued the warrant without unnecessary

4 delay. The provisions of Section 109-1 shall then apply to the

5 person so arrested.

6 (c) (Blank). ~~If a defendant is charged with a felony~~

7 ~~offense, but has a warrant in another county, the defendant~~

8 ~~shall be taken to the county that issued the warrant within 72~~

9 ~~hours of the completion of condition or detention hearing, so~~

10 ~~that release or detention status can be resolved. This~~

11 ~~provision shall not apply to warrants issued outside of~~

12 ~~Illinois.~~

13 (Source: P.A. 101-652, eff. 1-1-23.)

14 Section 20. The Unified Code of Corrections is amended by

15 changing Section 5-8A-4.1 as follows:

16 (730 ILCS 5/5-8A-4.1)

17 Sec. 5-8A-4.1. Escape; failure to comply with a condition

18 of the electronic monitoring or home detention program.

19 (a) A person charged with or convicted of a felony, or

20 charged with or adjudicated delinquent for an act which, if

21 committed by an adult, would constitute a felony,

22 conditionally released from the supervising authority through

23 an electronic monitoring or home detention program, who

24 knowingly violates a condition of the electronic monitoring or

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1 home detention program ~~and remains in violation for at least~~

2 ~~48 hours~~ is guilty of a Class 3 felony.

3 (b) A person charged with or convicted of a misdemeanor,

4 or charged with or adjudicated delinquent for an act which, if

5 committed by an adult, would constitute a misdemeanor,

6 conditionally released from the supervising authority through

7 an electronic monitoring or home detention program, who

8 knowingly violates a condition of the electronic monitoring or

9 home detention program ~~and remains in violation for at least~~

10 ~~48 hours~~ is guilty of a Class B misdemeanor.

11 (c) A person who violates this Section while armed with a

12 dangerous weapon is guilty of a Class 1 felony.

13 (Source: P.A. 100-431, eff. 8-25-17; 101-652, eff. 7-1-21.)

14 Section 95. No acceleration or delay. Where this Act makes

15 changes in a statute that is represented in this Act by text

16 that is not yet or no longer in effect (for example, a Section

17 represented by multiple versions), the use of that text does

18 not accelerate or delay the taking effect of (i) the changes

19 made by this Act or (ii) provisions derived from any other

20 Public Act.

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INDEX

Statutes amended in order of appearance