102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB4497

Introduced , by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

See Index

Repeals the Statewide Use of Force Standardization Act, the No Representation Without Population Act, the Reporting of Deaths in Custody Act, and the Task Force on Constitutional Rights and Remedies Act. Restores various provisions of specified Acts to the form in which they existed before their amendment by Public Acts 101-652 and 102-28, except for changes made to the Crime Victims Compensation Act. Effective immediately.

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A BILL FOR

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1 AN ACT concerning law enforcement.

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

3 represented in the General Assembly:

4 (5 ILCS 845/Act rep.)

5 Section 1. The Statewide Use of Force Standardization Act

6 is repealed.

7 (730 ILCS 205/Act rep.)

8 Section 5. The No Representation Without Population Act is

9 repealed.

10 (730 ILCS 210/Act rep.)

11 Section 10. The Reporting of Deaths in Custody Act is

12 repealed.

13 (20 ILCS 5165/Act rep.)

14 Section 15. The Task Force on Constitutional Rights and

15 Remedies Act is repealed.

16 (5 ILCS 70/1.43 rep.)

17 Section 20. The Statute on Statutes is amended by

18 repealing Section 1.43.

19 Section 25. The Freedom of Information Act is amended by

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1 changing Section 2.15 as follows:

2 (5 ILCS 140/2.15)

3 Sec. 2.15. Arrest reports and criminal history records.

4 (a) Arrest reports. The following chronologically

5 maintained arrest and criminal history information maintained

6 by State or local criminal justice agencies shall be furnished

7 as soon as practical, but in no event later than 72 hours after

8 the arrest, notwithstanding the time limits otherwise provided

9 for in Section 3 of this Act: (i) information that identifies

10 the individual, including the name, age, address, and

11 photograph, when and if available; (ii) information detailing

12 any charges relating to the arrest; (iii) the time and

13 location of the arrest; (iv) the name of the investigating or

14 arresting law enforcement agency; (v) if the individual is

15 incarcerated, the ~~conditions of pretrial release~~ amount of any

16 bail or bond; and (vi) if the individual is incarcerated, the

17 time and date that the individual was received into,

18 discharged from, or transferred from the arresting agency's

19 custody.

20 (b) Criminal history records. The following documents

21 maintained by a public body pertaining to criminal history

22 record information are public records subject to inspection

23 and copying by the public pursuant to this Act: (i) court

24 records that are public; (ii) records that are otherwise

25 available under State or local law; and (iii) records in which

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1 the requesting party is the individual identified, except as

2 provided under Section 7(1)(d)(vi).

3 (c) Information described in items (iii) through (vi) of

4 subsection (a) may be withheld if it is determined that

5 disclosure would: (i) interfere with pending or actually and

6 reasonably contemplated law enforcement proceedings conducted

7 by any law enforcement agency; (ii) endanger the life or

8 physical safety of law enforcement or correctional personnel

9 or any other person; or (iii) compromise the security of any

10 correctional facility.

11 (d) The provisions of this Section do not supersede the

12 confidentiality provisions for law enforcement or arrest

13 records of the Juvenile Court Act of 1987.

14 (e) Notwithstanding the requirements of subsection (a), a

15 law enforcement agency may not publish booking photographs,

16 commonly known as "mugshots", on its social networking website

17 in connection with civil offenses, petty offenses, business

18 offenses, Class C misdemeanors, and Class B misdemeanors

19 unless the booking photograph is posted to the social

20 networking website to assist in the search for a missing

21 person or to assist in the search for a fugitive, person of

22 interest, or individual wanted in relation to a crime other

23 than a petty offense, business offense, Class C misdemeanor,

24 or Class B misdemeanor. As used in this subsection, "social

25 networking website" has the meaning provided in Section 10 of

26 the Right to Privacy in the Workplace Act.

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1 (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;

2 101-652.)

3 Section 30. The State Records Act is amended by changing

4 Section 4a as follows:

5 (5 ILCS 160/4a)

6 Sec. 4a. Arrest records and reports.

7 (a) When an individual is arrested, the following

8 information must be made available to the news media for

9 inspection and copying:

10 (1) Information that identifies the individual,

11 including the name, age, address, and photograph, when and

12 if available.

13 (2) Information detailing any charges relating to the

14 arrest.

15 (3) The time and location of the arrest.

16 (4) The name of the investigating or arresting law

17 enforcement agency.

18 (5) If the individual is incarcerated, the ~~conditions~~

19 ~~of pretrial release~~ amount of any bail or bond.

20 (6) If the individual is incarcerated, the time and

21 date that the individual was received, discharged, or

22 transferred from the arresting agency's custody.

23 (b) The information required by this Section must be made

24 available to the news media for inspection and copying as soon

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1 as practicable, but in no event shall the time period exceed 72

2 hours from the arrest. The information described in paragraphs

3 (3), (4), (5), and (6) of subsection (a), however, may be

4 withheld if it is determined that disclosure would:

5 (1) interfere with pending or actually and reasonably

6 contemplated law enforcement proceedings conducted by any

7 law enforcement or correctional agency;

8 (2) endanger the life or physical safety of law

9 enforcement or correctional personnel or any other person;

10 or

11 (3) compromise the security of any correctional

12 facility.

13 (c) For the purposes of this Section, the term "news

14 media" means personnel of a newspaper or other periodical

15 issued at regular intervals whether in print or electronic

16 format, a news service whether in print or electronic format,

17 a radio station, a television station, a television network, a

18 community antenna television service, or a person or

19 corporation engaged in making news reels or other motion

20 picture news for public showing.

21 (d) Each law enforcement or correctional agency may charge

22 fees for arrest records, but in no instance may the fee exceed

23 the actual cost of copying and reproduction. The fees may not

24 include the cost of the labor used to reproduce the arrest

25 record.

26 (e) The provisions of this Section do not supersede the

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1 confidentiality provisions for arrest records of the Juvenile

2 Court Act of 1987.

3 (f) All information, including photographs, made available

4 under this Section is subject to the provisions of Section

5 2QQQ of the Consumer Fraud and Deceptive Business Practices

6 Act.

7 (g) Notwithstanding the requirements of subsection (a), a

8 law enforcement agency may not publish booking photographs,

9 commonly known as "mugshots", on its social networking website

10 in connection with civil offenses, petty offenses, business

11 offenses, Class C misdemeanors, and Class B misdemeanors

12 unless the booking photograph is posted to the social

13 networking website to assist in the search for a missing

14 person or to assist in the search for a fugitive, person of

15 interest, or individual wanted in relation to a crime other

16 than a petty offense, business offense, Class C misdemeanor,

17 or Class B misdemeanor. As used in this subsection, "social

18 networking website" has the meaning provided in Section 10 of

19 the Right to Privacy in the Workplace Act.

20 (Source: P.A. 101-433, eff. 8-20-19; 101-652.)

21 Section 35. The Illinois Public Labor Relations Act is

22 amended by changing Section 14 as follows:

23 (5 ILCS 315/14) (from Ch. 48, par. 1614)

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

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1 Sec. 14. Security employee, peace officer and fire fighter

2 disputes.

3 (a) In the case of collective bargaining agreements

4 involving units of security employees of a public employer,

5 Peace Officer Units, or units of fire fighters or paramedics,

6 and in the case of disputes under Section 18, unless the

7 parties mutually agree to some other time limit, mediation

8 shall commence 30 days prior to the expiration date of such

9 agreement or at such later time as the mediation services

10 chosen under subsection (b) of Section 12 can be provided to

11 the parties. In the case of negotiations for an initial

12 collective bargaining agreement, mediation shall commence upon

13 15 days notice from either party or at such later time as the

14 mediation services chosen pursuant to subsection (b) of

15 Section 12 can be provided to the parties. In mediation under

16 this Section, if either party requests the use of mediation

17 services from the Federal Mediation and Conciliation Service,

18 the other party shall either join in such request or bear the

19 additional cost of mediation services from another source. The

20 mediator shall have a duty to keep the Board informed on the

21 progress of the mediation. If any dispute has not been

22 resolved within 15 days after the first meeting of the parties

23 and the mediator, or within such other time limit as may be

24 mutually agreed upon by the parties, either the exclusive

25 representative or employer may request of the other, in

26 writing, arbitration, and shall submit a copy of the request

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1 to the Board.

2 (b) Within 10 days after such a request for arbitration

3 has been made, the employer shall choose a delegate and the

4 employees' exclusive representative shall choose a delegate to

5 a panel of arbitration as provided in this Section. The

6 employer and employees shall forthwith advise the other and

7 the Board of their selections.

8 (c) Within 7 days after the request of either party, the

9 parties shall request a panel of impartial arbitrators from

10 which they shall select the neutral chairman according to the

11 procedures provided in this Section. If the parties have

12 agreed to a contract that contains a grievance resolution

13 procedure as provided in Section 8, the chairman shall be

14 selected using their agreed contract procedure unless they

15 mutually agree to another procedure. If the parties fail to

16 notify the Board of their selection of neutral chairman within

17 7 days after receipt of the list of impartial arbitrators, the

18 Board shall appoint, at random, a neutral chairman from the

19 list. In the absence of an agreed contract procedure for

20 selecting an impartial arbitrator, either party may request a

21 panel from the Board. Within 7 days of the request of either

22 party, the Board shall select from the Public Employees Labor

23 Mediation Roster 7 persons who are on the labor arbitration

24 panels of either the American Arbitration Association or the

25 Federal Mediation and Conciliation Service, or who are members

26 of the National Academy of Arbitrators, as nominees for

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1 impartial arbitrator of the arbitration panel. The parties may

2 select an individual on the list provided by the Board or any

3 other individual mutually agreed upon by the parties. Within 7

4 days following the receipt of the list, the parties shall

5 notify the Board of the person they have selected. Unless the

6 parties agree on an alternate selection procedure, they shall

7 alternatively strike one name from the list provided by the

8 Board until only one name remains. A coin toss shall determine

9 which party shall strike the first name. If the parties fail to

10 notify the Board in a timely manner of their selection for

11 neutral chairman, the Board shall appoint a neutral chairman

12 from the Illinois Public Employees Mediation/Arbitration

13 Roster.

14 (d) The chairman shall call a hearing to begin within 15

15 days and give reasonable notice of the time and place of the

16 hearing. The hearing shall be held at the offices of the Board

17 or at such other location as the Board deems appropriate. The

18 chairman shall preside over the hearing and shall take

19 testimony. Any oral or documentary evidence and other data

20 deemed relevant by the arbitration panel may be received in

21 evidence. The proceedings shall be informal. Technical rules

22 of evidence shall not apply and the competency of the evidence

23 shall not thereby be deemed impaired. A verbatim record of the

24 proceedings shall be made and the arbitrator shall arrange for

25 the necessary recording service. Transcripts may be ordered at

26 the expense of the party ordering them, but the transcripts

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1 shall not be necessary for a decision by the arbitration

2 panel. The expense of the proceedings, including a fee for the

3 chairman, shall be borne equally by each of the parties to the

4 dispute. The delegates, if public officers or employees, shall

5 continue on the payroll of the public employer without loss of

6 pay. The hearing conducted by the arbitration panel may be

7 adjourned from time to time, but unless otherwise agreed by

8 the parties, shall be concluded within 30 days of the time of

9 its commencement. Majority actions and rulings shall

10 constitute the actions and rulings of the arbitration panel.

11 Arbitration proceedings under this Section shall not be

12 interrupted or terminated by reason of any unfair labor

13 practice charge filed by either party at any time.

14 (e) The arbitration panel may administer oaths, require

15 the attendance of witnesses, and the production of such books,

16 papers, contracts, agreements and documents as may be deemed

17 by it material to a just determination of the issues in

18 dispute, and for such purpose may issue subpoenas. If any

19 person refuses to obey a subpoena, or refuses to be sworn or to

20 testify, or if any witness, party or attorney is guilty of any

21 contempt while in attendance at any hearing, the arbitration

22 panel may, or the attorney general if requested shall, invoke

23 the aid of any circuit court within the jurisdiction in which

24 the hearing is being held, which court shall issue an

25 appropriate order. Any failure to obey the order may be

26 punished by the court as contempt.

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1 (f) At any time before the rendering of an award, the

2 chairman of the arbitration panel, if he is of the opinion that

3 it would be useful or beneficial to do so, may remand the

4 dispute to the parties for further collective bargaining for a

5 period not to exceed 2 weeks. If the dispute is remanded for

6 further collective bargaining the time provisions of this Act

7 shall be extended for a time period equal to that of the

8 remand. The chairman of the panel of arbitration shall notify

9 the Board of the remand.

10 (g) At or before the conclusion of the hearing held

11 pursuant to subsection (d), the arbitration panel shall

12 identify the economic issues in dispute, and direct each of

13 the parties to submit, within such time limit as the panel

14 shall prescribe, to the arbitration panel and to each other

15 its last offer of settlement on each economic issue. The

16 determination of the arbitration panel as to the issues in

17 dispute and as to which of these issues are economic shall be

18 conclusive. The arbitration panel, within 30 days after the

19 conclusion of the hearing, or such further additional periods

20 to which the parties may agree, shall make written findings of

21 fact and promulgate a written opinion and shall mail or

22 otherwise deliver a true copy thereof to the parties and their

23 representatives and to the Board. As to each economic issue,

24 the arbitration panel shall adopt the last offer of settlement

25 which, in the opinion of the arbitration panel, more nearly

26 complies with the applicable factors prescribed in subsection

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1 (h). The findings, opinions and order as to all other issues

2 shall be based upon the applicable factors prescribed in

3 subsection (h).

4 (h) Where there is no agreement between the parties, or

5 where there is an agreement but the parties have begun

6 negotiations or discussions looking to a new agreement or

7 amendment of the existing agreement, and wage rates or other

8 conditions of employment under the proposed new or amended

9 agreement are in dispute, the arbitration panel shall base its

10 findings, opinions and order upon the following factors, as

11 applicable:

12 (1) The lawful authority of the employer.

13 (2) Stipulations of the parties.

14 (3) The interests and welfare of the public and the

15 financial ability of the unit of government to meet those

16 costs.

17 (4) Comparison of the wages, hours and conditions of

18 employment of the employees involved in the arbitration

19 proceeding with the wages, hours and conditions of

20 employment of other employees performing similar services

21 and with other employees generally:

22 (A) In public employment in comparable

23 communities.

24 (B) In private employment in comparable

25 communities.

26 (5) The average consumer prices for goods and

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1 services, commonly known as the cost of living.

2 (6) The overall compensation presently received by the

3 employees, including direct wage compensation, vacations,

4 holidays and other excused time, insurance and pensions,

5 medical and hospitalization benefits, the continuity and

6 stability of employment and all other benefits received.

7 (7) Changes in any of the foregoing circumstances

8 during the pendency of the arbitration proceedings.

9 (8) Such other factors, not confined to the foregoing,

10 which are normally or traditionally taken into

11 consideration in the determination of wages, hours and

12 conditions of employment through voluntary collective

13 bargaining, mediation, fact-finding, arbitration or

14 otherwise between the parties, in the public service or in

15 private employment.

16 (i) In the case of peace officers, the arbitration

17 decision shall be limited to wages, hours, and conditions of

18 employment (which may include residency requirements in

19 municipalities with a population under ~~1,000,000~~ 1,000,000,

20 but those residency requirements shall not allow residency

21 outside of Illinois) and shall not include the following: i)

22 residency requirements in municipalities with a population of

23 at least ~~1,000,000~~ 1,000,000; ii) the type of equipment, other

24 than uniforms, issued or used; iii) manning; iv) the total

25 number of employees employed by the department; v) mutual aid

26 and assistance agreements to other units of government; and

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1 vi) the criterion pursuant to which force, including deadly

2 force, can be used; provided, nothing herein shall preclude an

3 arbitration decision regarding equipment or manning levels if

4 such decision is based on a finding that the equipment or

5 manning considerations in a specific work assignment involve a

6 serious risk to the safety of a peace officer beyond that which

7 is inherent in the normal performance of police duties.

8 Limitation of the terms of the arbitration decision pursuant

9 to this subsection shall not be construed to limit the factors

10 upon which the decision may be based, as set forth in

11 subsection (h).

12 In the case of fire fighter, and fire department or fire

13 district paramedic matters, the arbitration decision shall be

14 limited to wages, hours, and conditions of employment

15 (including manning and also including residency requirements

16 in municipalities with a population under 1,000,000, but those

17 residency requirements shall not allow residency outside of

18 Illinois) and shall not include the following matters: i)

19 residency requirements in municipalities with a population of

20 at least 1,000,000; ii) the type of equipment (other than

21 uniforms and fire fighter turnout gear) issued or used; iii)

22 the total number of employees employed by the department; iv)

23 mutual aid and assistance agreements to other units of

24 government; and v) the criterion pursuant to which force,

25 including deadly force, can be used; provided, however,

26 nothing herein shall preclude an arbitration decision

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1 regarding equipment levels if such decision is based on a

2 finding that the equipment considerations in a specific work

3 assignment involve a serious risk to the safety of a fire

4 fighter beyond that which is inherent in the normal

5 performance of fire fighter duties. Limitation of the terms of

6 the arbitration decision pursuant to this subsection shall not

7 be construed to limit the facts upon which the decision may be

8 based, as set forth in subsection (h).

9 The changes to this subsection (i) made by Public Act

10 90-385 (relating to residency requirements) do not apply to

11 persons who are employed by a combined department that

12 performs both police and firefighting services; these persons

13 shall be governed by the provisions of this subsection (i)

14 relating to peace officers, as they existed before the

15 amendment by Public Act 90-385.

16 To preserve historical bargaining rights, this subsection

17 shall not apply to any provision of a fire fighter collective

18 bargaining agreement in effect and applicable on the effective

19 date of this Act; provided, however, nothing herein shall

20 preclude arbitration with respect to any such provision.

21 (j) Arbitration procedures shall be deemed to be initiated

22 by the filing of a letter requesting mediation as required

23 under subsection (a) of this Section. The commencement of a

24 new municipal fiscal year after the initiation of arbitration

25 procedures under this Act, but before the arbitration

26 decision, or its enforcement, shall not be deemed to render a

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1 dispute moot, or to otherwise impair the jurisdiction or

2 authority of the arbitration panel or its decision. Increases

3 in rates of compensation awarded by the arbitration panel may

4 be effective only at the start of the fiscal year next

5 commencing after the date of the arbitration award. If a new

6 fiscal year has commenced either since the initiation of

7 arbitration procedures under this Act or since any mutually

8 agreed extension of the statutorily required period of

9 mediation under this Act by the parties to the labor dispute

10 causing a delay in the initiation of arbitration, the

11 foregoing limitations shall be inapplicable, and such awarded

12 increases may be retroactive to the commencement of the fiscal

13 year, any other statute or charter provisions to the contrary,

14 notwithstanding. At any time the parties, by stipulation, may

15 amend or modify an award of arbitration.

16 (k) Orders of the arbitration panel shall be reviewable,

17 upon appropriate petition by either the public employer or the

18 exclusive bargaining representative, by the circuit court for

19 the county in which the dispute arose or in which a majority of

20 the affected employees reside, but only for reasons that the

21 arbitration panel was without or exceeded its statutory

22 authority; the order is arbitrary, or capricious; or the order

23 was procured by fraud, collusion or other similar and unlawful

24 means. Such petitions for review must be filed with the

25 appropriate circuit court within 90 days following the

26 issuance of the arbitration order. The pendency of such

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1 proceeding for review shall not automatically stay the order

2 of the arbitration panel. The party against whom the final

3 decision of any such court shall be adverse, if such court

4 finds such appeal or petition to be frivolous, shall pay

5 reasonable attorneys' fees and costs to the successful party

6 as determined by said court in its discretion. If said court's

7 decision affirms the award of money, such award, if

8 retroactive, shall bear interest at the rate of 12 percent per

9 annum from the effective retroactive date.

10 (l) During the pendency of proceedings before the

11 arbitration panel, existing wages, hours, and other conditions

12 of employment shall not be changed by action of either party

13 without the consent of the other but a party may so consent

14 without prejudice to his rights or position under this Act.

15 The proceedings are deemed to be pending before the

16 arbitration panel upon the initiation of arbitration

17 procedures under this Act.

18 (m) Security officers of public employers, and Peace

19 Officers, Fire Fighters and fire department and fire

20 protection district paramedics, covered by this Section may

21 not withhold services, nor may public employers lock out or

22 prevent such employees from performing services at any time.

23 (n) All of the terms decided upon by the arbitration panel

24 shall be included in an agreement to be submitted to the public

25 employer's governing body for ratification and adoption by

26 law, ordinance or the equivalent appropriate means.

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1 The governing body shall review each term decided by the

2 arbitration panel. If the governing body fails to reject one

3 or more terms of the arbitration panel's decision by a 3/5 vote

4 of those duly elected and qualified members of the governing

5 body, within 20 days of issuance, or in the case of

6 firefighters employed by a state university, at the next

7 regularly scheduled meeting of the governing body after

8 issuance, such term or terms shall become a part of the

9 collective bargaining agreement of the parties. If the

10 governing body affirmatively rejects one or more terms of the

11 arbitration panel's decision, it must provide reasons for such

12 rejection with respect to each term so rejected, within 20

13 days of such rejection and the parties shall return to the

14 arbitration panel for further proceedings and issuance of a

15 supplemental decision with respect to the rejected terms. Any

16 supplemental decision by an arbitration panel or other

17 decision maker agreed to by the parties shall be submitted to

18 the governing body for ratification and adoption in accordance

19 with the procedures and voting requirements set forth in this

20 Section. The voting requirements of this subsection shall

21 apply to all disputes submitted to arbitration pursuant to

22 this Section notwithstanding any contrary voting requirements

23 contained in any existing collective bargaining agreement

24 between the parties.

25 (o) If the governing body of the employer votes to reject

26 the panel's decision, the parties shall return to the panel

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1 within 30 days from the issuance of the reasons for rejection

2 for further proceedings and issuance of a supplemental

3 decision. All reasonable costs of such supplemental proceeding

4 including the exclusive representative's reasonable attorney's

5 fees, as established by the Board, shall be paid by the

6 employer.

7 (p) Notwithstanding the provisions of this Section the

8 employer and exclusive representative may agree to submit

9 unresolved disputes concerning wages, hours, terms and

10 conditions of employment to an alternative form of impasse

11 resolution.

12 (Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)

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

14 Sec. 14. Security employee, peace officer and fire fighter

15 disputes.

16 (a) In the case of collective bargaining agreements

17 involving units of security employees of a public employer,

18 Peace Officer Units, or units of fire fighters or paramedics,

19 and in the case of disputes under Section 18, unless the

20 parties mutually agree to some other time limit, mediation

21 shall commence 30 days prior to the expiration date of such

22 agreement or at such later time as the mediation services

23 chosen under subsection (b) of Section 12 can be provided to

24 the parties. In the case of negotiations for an initial

25 collective bargaining agreement, mediation shall commence upon

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1 15 days notice from either party or at such later time as the

2 mediation services chosen pursuant to subsection (b) of

3 Section 12 can be provided to the parties. In mediation under

4 this Section, if either party requests the use of mediation

5 services from the Federal Mediation and Conciliation Service,

6 the other party shall either join in such request or bear the

7 additional cost of mediation services from another source. The

8 mediator shall have a duty to keep the Board informed on the

9 progress of the mediation. If any dispute has not been

10 resolved within 15 days after the first meeting of the parties

11 and the mediator, or within such other time limit as may be

12 mutually agreed upon by the parties, either the exclusive

13 representative or employer may request of the other, in

14 writing, arbitration, and shall submit a copy of the request

15 to the Board.

16 (b) Within 10 days after such a request for arbitration

17 has been made, the employer shall choose a delegate and the

18 employees' exclusive representative shall choose a delegate to

19 a panel of arbitration as provided in this Section. The

20 employer and employees shall forthwith advise the other and

21 the Board of their selections.

22 (c) Within 7 days after the request of either party, the

23 parties shall request a panel of impartial arbitrators from

24 which they shall select the neutral chairman according to the

25 procedures provided in this Section. If the parties have

26 agreed to a contract that contains a grievance resolution

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1 procedure as provided in Section 8, the chairman shall be

2 selected using their agreed contract procedure unless they

3 mutually agree to another procedure. If the parties fail to

4 notify the Board of their selection of neutral chairman within

5 7 days after receipt of the list of impartial arbitrators, the

6 Board shall appoint, at random, a neutral chairman from the

7 list. In the absence of an agreed contract procedure for

8 selecting an impartial arbitrator, either party may request a

9 panel from the Board. Within 7 days of the request of either

10 party, the Board shall select from the Public Employees Labor

11 Mediation Roster 7 persons who are on the labor arbitration

12 panels of either the American Arbitration Association or the

13 Federal Mediation and Conciliation Service, or who are members

14 of the National Academy of Arbitrators, as nominees for

15 impartial arbitrator of the arbitration panel. The parties may

16 select an individual on the list provided by the Board or any

17 other individual mutually agreed upon by the parties. Within 7

18 days following the receipt of the list, the parties shall

19 notify the Board of the person they have selected. Unless the

20 parties agree on an alternate selection procedure, they shall

21 alternatively strike one name from the list provided by the

22 Board until only one name remains. A coin toss shall determine

23 which party shall strike the first name. If the parties fail to

24 notify the Board in a timely manner of their selection for

25 neutral chairman, the Board shall appoint a neutral chairman

26 from the Illinois Public Employees Mediation/Arbitration

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1 Roster.

2 (d) The chairman shall call a hearing to begin within 15

3 days and give reasonable notice of the time and place of the

4 hearing. The hearing shall be held at the offices of the Board

5 or at such other location as the Board deems appropriate. The

6 chairman shall preside over the hearing and shall take

7 testimony. Any oral or documentary evidence and other data

8 deemed relevant by the arbitration panel may be received in

9 evidence. The proceedings shall be informal. Technical rules

10 of evidence shall not apply and the competency of the evidence

11 shall not thereby be deemed impaired. A verbatim record of the

12 proceedings shall be made and the arbitrator shall arrange for

13 the necessary recording service. Transcripts may be ordered at

14 the expense of the party ordering them, but the transcripts

15 shall not be necessary for a decision by the arbitration

16 panel. The expense of the proceedings, including a fee for the

17 chairman, shall be borne equally by each of the parties to the

18 dispute. The delegates, if public officers or employees, shall

19 continue on the payroll of the public employer without loss of

20 pay. The hearing conducted by the arbitration panel may be

21 adjourned from time to time, but unless otherwise agreed by

22 the parties, shall be concluded within 30 days of the time of

23 its commencement. Majority actions and rulings shall

24 constitute the actions and rulings of the arbitration panel.

25 Arbitration proceedings under this Section shall not be

26 interrupted or terminated by reason of any unfair labor

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1 practice charge filed by either party at any time.

2 (e) The arbitration panel may administer oaths, require

3 the attendance of witnesses, and the production of such books,

4 papers, contracts, agreements and documents as may be deemed

5 by it material to a just determination of the issues in

6 dispute, and for such purpose may issue subpoenas. If any

7 person refuses to obey a subpoena, or refuses to be sworn or to

8 testify, or if any witness, party or attorney is guilty of any

9 contempt while in attendance at any hearing, the arbitration

10 panel may, or the attorney general if requested shall, invoke

11 the aid of any circuit court within the jurisdiction in which

12 the hearing is being held, which court shall issue an

13 appropriate order. Any failure to obey the order may be

14 punished by the court as contempt.

15 (f) At any time before the rendering of an award, the

16 chairman of the arbitration panel, if he is of the opinion that

17 it would be useful or beneficial to do so, may remand the

18 dispute to the parties for further collective bargaining for a

19 period not to exceed 2 weeks. If the dispute is remanded for

20 further collective bargaining the time provisions of this Act

21 shall be extended for a time period equal to that of the

22 remand. The chairman of the panel of arbitration shall notify

23 the Board of the remand.

24 (g) At or before the conclusion of the hearing held

25 pursuant to subsection (d), the arbitration panel shall

26 identify the economic issues in dispute, and direct each of

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1 the parties to submit, within such time limit as the panel

2 shall prescribe, to the arbitration panel and to each other

3 its last offer of settlement on each economic issue. The

4 determination of the arbitration panel as to the issues in

5 dispute and as to which of these issues are economic shall be

6 conclusive. The arbitration panel, within 30 days after the

7 conclusion of the hearing, or such further additional periods

8 to which the parties may agree, shall make written findings of

9 fact and promulgate a written opinion and shall mail or

10 otherwise deliver a true copy thereof to the parties and their

11 representatives and to the Board. As to each economic issue,

12 the arbitration panel shall adopt the last offer of settlement

13 which, in the opinion of the arbitration panel, more nearly

14 complies with the applicable factors prescribed in subsection

15 (h). The findings, opinions and order as to all other issues

16 shall be based upon the applicable factors prescribed in

17 subsection (h).

18 (h) Where there is no agreement between the parties, or

19 where there is an agreement but the parties have begun

20 negotiations or discussions looking to a new agreement or

21 amendment of the existing agreement, and wage rates or other

22 conditions of employment under the proposed new or amended

23 agreement are in dispute, the arbitration panel shall base its

24 findings, opinions and order upon the following factors, as

25 applicable:

26 (1) The lawful authority of the employer.

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1 (2) Stipulations of the parties.

2 (3) The interests and welfare of the public and the

3 financial ability of the unit of government to meet those

4 costs.

5 (4) Comparison of the wages, hours and conditions of

6 employment of the employees involved in the arbitration

7 proceeding with the wages, hours and conditions of

8 employment of other employees performing similar services

9 and with other employees generally:

10 (A) In public employment in comparable

11 communities.

12 (B) In private employment in comparable

13 communities.

14 (5) The average consumer prices for goods and

15 services, commonly known as the cost of living.

16 (6) The overall compensation presently received by the

17 employees, including direct wage compensation, vacations,

18 holidays and other excused time, insurance and pensions,

19 medical and hospitalization benefits, the continuity and

20 stability of employment and all other benefits received.

21 (7) Changes in any of the foregoing circumstances

22 during the pendency of the arbitration proceedings.

23 (8) Such other factors, not confined to the foregoing,

24 which are normally or traditionally taken into

25 consideration in the determination of wages, hours and

26 conditions of employment through voluntary collective

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1 bargaining, mediation, fact-finding, arbitration or

2 otherwise between the parties, in the public service or in

3 private employment.

4 (i) In the case of peace officers, the arbitration

5 decision shall be limited to wages, hours, and conditions of

6 employment (which may include residency requirements in

7 municipalities with a population under ~~100,000~~ 1,000,000, but

8 those residency requirements shall not allow residency outside

9 of Illinois) and shall not include the following: i) residency

10 requirements in municipalities with a population of at least

11 ~~100,000~~ 1,000,000; ii) the type of equipment, other than

12 uniforms, issued or used; iii) manning; iv) the total number

13 of employees employed by the department; v) mutual aid and

14 assistance agreements to other units of government; and vi)

15 the criterion pursuant to which force, including deadly force,

16 can be used; provided, nothing herein shall preclude an

17 arbitration decision regarding equipment or manning levels if

18 such decision is based on a finding that the equipment or

19 manning considerations in a specific work assignment involve a

20 serious risk to the safety of a peace officer beyond that which

21 is inherent in the normal performance of police duties.

22 Limitation of the terms of the arbitration decision pursuant

23 to this subsection shall not be construed to limit the factors

24 upon which the decision may be based, as set forth in

25 subsection (h).

26 In the case of fire fighter, and fire department or fire

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1 district paramedic matters, the arbitration decision shall be

2 limited to wages, hours, and conditions of employment

3 (including manning and also including residency requirements

4 in municipalities with a population under 1,000,000, but those

5 residency requirements shall not allow residency outside of

6 Illinois) and shall not include the following matters: i)

7 residency requirements in municipalities with a population of

8 at least 1,000,000; ii) the type of equipment (other than

9 uniforms and fire fighter turnout gear) issued or used; iii)

10 the total number of employees employed by the department; iv)

11 mutual aid and assistance agreements to other units of

12 government; and v) the criterion pursuant to which force,

13 including deadly force, can be used; provided, however,

14 nothing herein shall preclude an arbitration decision

15 regarding equipment levels if such decision is based on a

16 finding that the equipment considerations in a specific work

17 assignment involve a serious risk to the safety of a fire

18 fighter beyond that which is inherent in the normal

19 performance of fire fighter duties. Limitation of the terms of

20 the arbitration decision pursuant to this subsection shall not

21 be construed to limit the facts upon which the decision may be

22 based, as set forth in subsection (h).

23 The changes to this subsection (i) made by Public Act

24 90-385 (relating to residency requirements) do not apply to

25 persons who are employed by a combined department that

26 performs both police and firefighting services; these persons

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1 shall be governed by the provisions of this subsection (i)

2 relating to peace officers, as they existed before the

3 amendment by Public Act 90-385.

4 To preserve historical bargaining rights, this subsection

5 shall not apply to any provision of a fire fighter collective

6 bargaining agreement in effect and applicable on the effective

7 date of this Act; provided, however, nothing herein shall

8 preclude arbitration with respect to any such provision.

9 (j) Arbitration procedures shall be deemed to be initiated

10 by the filing of a letter requesting mediation as required

11 under subsection (a) of this Section. The commencement of a

12 new municipal fiscal year after the initiation of arbitration

13 procedures under this Act, but before the arbitration

14 decision, or its enforcement, shall not be deemed to render a

15 dispute moot, or to otherwise impair the jurisdiction or

16 authority of the arbitration panel or its decision. Increases

17 in rates of compensation awarded by the arbitration panel may

18 be effective only at the start of the fiscal year next

19 commencing after the date of the arbitration award. If a new

20 fiscal year has commenced either since the initiation of

21 arbitration procedures under this Act or since any mutually

22 agreed extension of the statutorily required period of

23 mediation under this Act by the parties to the labor dispute

24 causing a delay in the initiation of arbitration, the

25 foregoing limitations shall be inapplicable, and such awarded

26 increases may be retroactive to the commencement of the fiscal

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1 year, any other statute or charter provisions to the contrary,

2 notwithstanding. At any time the parties, by stipulation, may

3 amend or modify an award of arbitration.

4 (k) Orders of the arbitration panel shall be reviewable,

5 upon appropriate petition by either the public employer or the

6 exclusive bargaining representative, by the circuit court for

7 the county in which the dispute arose or in which a majority of

8 the affected employees reside, but only for reasons that the

9 arbitration panel was without or exceeded its statutory

10 authority; the order is arbitrary, or capricious; or the order

11 was procured by fraud, collusion or other similar and unlawful

12 means. Such petitions for review must be filed with the

13 appropriate circuit court within 90 days following the

14 issuance of the arbitration order. The pendency of such

15 proceeding for review shall not automatically stay the order

16 of the arbitration panel. The party against whom the final

17 decision of any such court shall be adverse, if such court

18 finds such appeal or petition to be frivolous, shall pay

19 reasonable attorneys' fees and costs to the successful party

20 as determined by said court in its discretion. If said court's

21 decision affirms the award of money, such award, if

22 retroactive, shall bear interest at the rate of 12 percent per

23 annum from the effective retroactive date.

24 (l) During the pendency of proceedings before the

25 arbitration panel, existing wages, hours, and other conditions

26 of employment shall not be changed by action of either party

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1 without the consent of the other but a party may so consent

2 without prejudice to his rights or position under this Act.

3 The proceedings are deemed to be pending before the

4 arbitration panel upon the initiation of arbitration

5 procedures under this Act.

6 (m) Security officers of public employers, and Peace

7 Officers, Fire Fighters and fire department and fire

8 protection district paramedics, covered by this Section may

9 not withhold services, nor may public employers lock out or

10 prevent such employees from performing services at any time.

11 (n) All of the terms decided upon by the arbitration panel

12 shall be included in an agreement to be submitted to the public

13 employer's governing body for ratification and adoption by

14 law, ordinance or the equivalent appropriate means.

15 The governing body shall review each term decided by the

16 arbitration panel. If the governing body fails to reject one

17 or more terms of the arbitration panel's decision by a 3/5 vote

18 of those duly elected and qualified members of the governing

19 body, within 20 days of issuance, or in the case of

20 firefighters employed by a state university, at the next

21 regularly scheduled meeting of the governing body after

22 issuance, such term or terms shall become a part of the

23 collective bargaining agreement of the parties. If the

24 governing body affirmatively rejects one or more terms of the

25 arbitration panel's decision, it must provide reasons for such

26 rejection with respect to each term so rejected, within 20

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1 days of such rejection and the parties shall return to the

2 arbitration panel for further proceedings and issuance of a

3 supplemental decision with respect to the rejected terms. Any

4 supplemental decision by an arbitration panel or other

5 decision maker agreed to by the parties shall be submitted to

6 the governing body for ratification and adoption in accordance

7 with the procedures and voting requirements set forth in this

8 Section. The voting requirements of this subsection shall

9 apply to all disputes submitted to arbitration pursuant to

10 this Section notwithstanding any contrary voting requirements

11 contained in any existing collective bargaining agreement

12 between the parties.

13 (o) If the governing body of the employer votes to reject

14 the panel's decision, the parties shall return to the panel

15 within 30 days from the issuance of the reasons for rejection

16 for further proceedings and issuance of a supplemental

17 decision. All reasonable costs of such supplemental proceeding

18 including the exclusive representative's reasonable attorney's

19 fees, as established by the Board, shall be paid by the

20 employer.

21 (p) Notwithstanding the provisions of this Section the

22 employer and exclusive representative may agree to submit

23 unresolved disputes concerning wages, hours, terms and

24 conditions of employment to an alternative form of impasse

25 resolution.

26 (Source: P.A. 101-652, eff. 7-1-21.)

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1 Section 40. The Community-Law Enforcement and Other First

2 Responder Partnership for Deflection and Substance Use

3 Disorder Treatment Act is amended by changing Sections 1, 5,

4 10, 15, 20, 30, and 35 as follows:

5 (5 ILCS 820/1)

6 Sec. 1. Short title. This Act may be cited as the

7 Community-Law Enforcement ~~and Other First Responder~~

8 Partnership for Deflection and Substance Use Disorder

9 Treatment Act.

10 (Source: P.A. 100-1025, eff. 1-1-19; 101-652.)

11 (5 ILCS 820/5)

12 Sec. 5. Purposes. The General Assembly hereby acknowledges

13 that opioid use disorders, overdoses, and deaths in Illinois

14 are persistent and growing concerns for Illinois communities.

15 These concerns compound existing challenges to adequately

16 address and manage substance use and mental health disorders.

17 Law enforcement officers~~, other first responders, and~~

18 ~~co-responders~~ have a unique opportunity to facilitate

19 connections to community-based behavioral health interventions

20 that provide substance use treatment and can help save and

21 restore lives; help reduce drug use, overdose incidence,

22 criminal offending, and recidivism; and help prevent arrest

23 and conviction records that destabilize health, families, and

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1 opportunities for community citizenship and self-sufficiency.

2 These efforts are bolstered when pursued in partnership with

3 licensed behavioral health treatment providers and community

4 members or organizations. It is the intent of the General

5 Assembly to authorize law enforcement ~~and other first~~

6 ~~responders~~ to develop and implement collaborative deflection

7 programs in Illinois that offer immediate pathways to

8 substance use treatment and other services as an alternative

9 to traditional case processing and involvement in the criminal

10 justice system~~, and to unnecessary admission to emergency~~

11 ~~departments~~.

12 (Source: P.A. 100-1025, eff. 1-1-19; 101-652.)

13 (5 ILCS 820/10)

14 Sec. 10. Definitions. In this Act:

15 "Case management" means those services which will assist

16 persons in gaining access to needed social, educational,

17 medical, substance use and mental health treatment, and other

18 services.

19 "Community member or organization" means an individual

20 volunteer, resident, public office, or a not-for-profit

21 organization, religious institution, charitable organization,

22 or other public body committed to the improvement of

23 individual and family mental and physical well-being and the

24 overall social welfare of the community, and may include

25 persons with lived experience in recovery from substance use

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1 disorder, either themselves or as family members.

2 ~~"Other first responder" means and includes emergency~~

3 ~~medical services providers that are public units of~~

4 ~~government, fire departments and districts, and officials and~~

5 ~~responders representing and employed by these entities.~~

6 "Deflection program" means a program in which a peace

7 officer or member of a law enforcement agency ~~or other first~~

8 ~~responder~~ facilitates contact between an individual and a

9 licensed substance use treatment provider or clinician for

10 assessment and coordination of treatment planning~~, including~~

11 ~~co-responder approaches that incorporate behavioral health,~~

12 ~~peer, or social work professionals with law enforcement or~~

13 ~~other first responders at the scene~~. This facilitation

14 includes defined criteria for eligibility and communication

15 protocols agreed to by the law enforcement agency ~~or other~~

16 ~~first responder entity~~ and the licensed treatment provider for

17 the purpose of providing substance use treatment to those

18 persons in lieu of arrest or further justice system

19 involvement~~, or unnecessary admissions to the emergency~~

20 ~~department~~. Deflection programs may include, but are not

21 limited to, the following types of responses:

22 (1) a post-overdose deflection response initiated by a

23 peace officer or law enforcement agency subsequent to

24 emergency administration of medication to reverse an

25 overdose, or in cases of severe substance use disorder

26 with acute risk for overdose;

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1 (2) a self-referral deflection response initiated by

2 an individual by contacting a peace officer or law

3 enforcement agency ~~or other first responder~~ in the

4 acknowledgment of their substance use or disorder;

5 (3) an active outreach deflection response initiated

6 by a peace officer or law enforcement agency ~~or other~~

7 ~~first responder~~ as a result of proactive identification of

8 persons thought likely to have a substance use disorder;

9 (4) an officer ~~or other first responder~~ prevention

10 deflection response initiated by a peace officer or law

11 enforcement agency in response to a community call when no

12 criminal charges are present; and

13 (5) an officer intervention deflection response when

14 criminal charges are present but held in abeyance pending

15 engagement with treatment.

16 "Law enforcement agency" means a municipal police

17 department or county sheriff's office of this State, the

18 Illinois State Police, or other law enforcement agency whose

19 officers, by statute, are granted and authorized to exercise

20 powers similar to those conferred upon any peace officer

21 employed by a law enforcement agency of this State.

22 "Licensed treatment provider" means an organization

23 licensed by the Department of Human Services to perform an

24 activity or service, or a coordinated range of those

25 activities or services, as the Department of Human Services

26 may establish by rule, such as the broad range of emergency,

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1 outpatient, intensive outpatient, and residential services and

2 care, including assessment, diagnosis, case management,

3 medical, psychiatric, psychological and social services,

4 medication-assisted treatment, care and counseling, and

5 recovery support, which may be extended to persons to assess

6 or treat substance use disorder or to families of those

7 persons.

8 "Peace officer" means any peace officer or member of any

9 duly organized State, county, or municipal peace officer unit,

10 any police force of another State, or any police force whose

11 members, by statute, are granted and authorized to exercise

12 powers similar to those conferred upon any peace officer

13 employed by a law enforcement agency of this State.

14 "Substance use disorder" means a pattern of use of alcohol

15 or other drugs leading to clinical or functional impairment,

16 in accordance with the definition in the Diagnostic and

17 Statistical Manual of Mental Disorders (DSM-5), or in any

18 subsequent editions.

19 "Treatment" means the broad range of emergency,

20 outpatient, intensive outpatient, and residential services and

21 care (including assessment, diagnosis, case management,

22 medical, psychiatric, psychological and social services,

23 medication-assisted treatment, care and counseling, and

24 recovery support) which may be extended to persons who have

25 substance use disorders, persons with mental illness, or

26 families of those persons.

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1 (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;

2 revised 10-6-21.)

3 (5 ILCS 820/15)

4 Sec. 15. Authorization.

5 (a) Any law enforcement agency ~~or other first responder~~

6 ~~entity~~ may establish a deflection program subject to the

7 provisions of this Act in partnership with one or more

8 licensed providers of substance use disorder treatment

9 services and one or more community members or organizations.

10 ~~Programs established by another first responder entity shall~~

11 ~~also include a law enforcement agency.~~

12 (b) The deflection program may involve a post-overdose

13 deflection response, a self-referral deflection response, an

14 active outreach deflection response, an officer ~~or other first~~

15 ~~responder~~ prevention deflection response, or an officer

16 intervention deflection response, or any combination of those.

17 (c) Nothing shall preclude the General Assembly from

18 adding other responses to a deflection program, or preclude a

19 law enforcement agency ~~or other first responder entity~~ from

20 developing a deflection program response based on a model

21 unique and responsive to local issues, substance use or mental

22 health needs, and partnerships, using sound and promising or

23 evidence-based practices.

24 (c-5) Whenever appropriate and available, case management

25 should be provided by a licensed treatment provider or other

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1 appropriate provider and may include peer recovery support

2 approaches.

3 (d) To receive funding for activities as described in

4 Section 35 of this Act, planning for the deflection program

5 shall include:

6 (1) the involvement of one or more licensed treatment

7 programs and one or more community members or

8 organizations; and

9 (2) an agreement with the Illinois Criminal Justice

10 Information Authority to collect and evaluate relevant

11 statistical data related to the program, as established by

12 the Illinois Criminal Justice Information Authority in

13 paragraph (2) of subsection (a) of Section 25 of this Act.

14 ~~(3) an agreement with participating licensed treatment~~

15 ~~providers authorizing the release of statistical data to~~

16 ~~the Illinois Criminal Justice Information Authority, in~~

17 ~~compliance with State and Federal law, as established by~~

18 ~~the Illinois Criminal Justice Information Authority in~~

19 ~~paragraph (2) of subsection (a) of Section 25 of this Act.~~

20 (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;

21 101-652.)

22 (5 ILCS 820/20)

23 Sec. 20. Procedure. The law enforcement agency ~~or other~~

24 ~~first responder entity~~, licensed treatment providers, and

25 community members or organizations shall establish a local

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1 deflection program plan that includes protocols and procedures

2 for participant identification, screening or assessment,

3 treatment facilitation, reporting, and ongoing involvement of

4 the law enforcement agency. Licensed substance use disorder

5 treatment organizations shall adhere to 42 CFR Part 2

6 regarding confidentiality regulations for information exchange

7 or release. Substance use disorder treatment services shall

8 adhere to all regulations specified in Department of Human

9 Services Administrative Rules, Parts 2060 and 2090.

10 (Source: P.A. 100-1025, eff. 1-1-19; 101-652.)

11 (5 ILCS 820/30)

12 Sec. 30. Exemption from civil liability. The law

13 enforcement agency or peace officer ~~or other first responder~~

14 acting in good faith shall not, as the result of acts or

15 omissions in providing services under Section 15 of this Act,

16 be liable for civil damages, unless the acts or omissions

17 constitute willful and wanton misconduct.

18 (Source: P.A. 100-1025, eff. 1-1-19; 101-652.)

19 (5 ILCS 820/35)

20 Sec. 35. Funding.

21 (a) The General Assembly may appropriate funds to the

22 Illinois Criminal Justice Information Authority for the

23 purpose of funding law enforcement agencies ~~or other first~~

24 ~~responder entities~~ for services provided by deflection program

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1 partners as part of deflection programs subject to subsection

2 (d) of Section 15 of this Act.

3 ~~(a.1) Up to 10 percent of appropriated funds may be~~

4 ~~expended on activities related to knowledge dissemination,~~

5 ~~training, technical assistance, or other similar activities~~

6 ~~intended to increase practitioner and public awareness of~~

7 ~~deflection and/or to support its implementation. The Illinois~~

8 ~~Criminal Justice Information Authority may adopt guidelines~~

9 ~~and requirements to direct the distribution of funds for these~~

10 ~~activities.~~

11 (b) ~~For all appropriated funds not distributed under~~

12 ~~subsection a.1, the~~ The Illinois Criminal Justice Information

13 Authority may adopt guidelines and requirements to direct the

14 distribution of funds for expenses related to deflection

15 programs. Funding shall be made available to support both new

16 and existing deflection programs in a broad spectrum of

17 geographic regions in this State, including urban, suburban,

18 and rural communities. ~~Funding for deflection programs shall~~

19 ~~be prioritized for communities that have been impacted by the~~

20 ~~war on drugs, communities that have a police/community~~

21 ~~relations issue, and communities that have a disproportionate~~

22 ~~lack of access to mental health and drug treatment.~~ Activities

23 eligible for funding under this Act may include, but are not

24 limited to, the following:

25 (1) activities related to program administration,

26 coordination, or management, including, but not limited

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1 to, the development of collaborative partnerships with

2 licensed treatment providers and community members or

3 organizations; collection of program data; or monitoring

4 of compliance with a local deflection program plan;

5 (2) case management including case management provided

6 prior to assessment, diagnosis, and engagement in

7 treatment, as well as assistance navigating and gaining

8 access to various treatment modalities and support

9 services;

10 (3) peer recovery or recovery support services that

11 include the perspectives of persons with the experience of

12 recovering from a substance use disorder, either

13 themselves or as family members;

14 (4) transportation to a licensed treatment provider or

15 other program partner location;

16 (5) program evaluation activities.

17 ~~(6) naloxone and related supplies necessary for~~

18 ~~carrying out overdose reversal for purposes of~~

19 ~~distribution to program participants or for use by law~~

20 ~~enforcement or other first responders; and~~

21 ~~(7) treatment necessary to prevent gaps in service~~

22 ~~delivery between linkage and coverage by other funding~~

23 ~~sources when otherwise non-reimbursable.~~

24 (c) Specific linkage agreements with recovery support

25 services or self-help entities may be a requirement of the

26 program services protocols. All deflection programs shall

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1 encourage the involvement of key family members and

2 significant others as a part of a family-based approach to

3 treatment. All deflection programs are encouraged to use

4 evidence-based practices and outcome measures in the provision

5 of substance use disorder treatment and medication-assisted

6 treatment for persons with opioid use disorders.

7 (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;

8 101-652.)

9 (5 ILCS 820/21 rep.)

10 Section 45. The Community-Law Enforcement Partnership for

11 Deflection and Substance Use Disorder Treatment Act is amended

12 by repealing Section 21.

13 (15 ILCS 205/10 rep.)

14 Section 50. The Attorney General Act is amended by

15 repealing Section 10.

16 Section 55. The Department of State Police Law of the

17 Civil Administrative Code of Illinois is amended by changing

18 Section 2605-302 as follows:

19 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)

20 Sec. 2605-302. Arrest reports.

21 (a) When an individual is arrested, the following

22 information must be made available to the news media for

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1 inspection and copying:

2 (1) Information that identifies the individual,

3 including the name, age, address, and photograph, when and

4 if available.

5 (2) Information detailing any charges relating to the

6 arrest.

7 (3) The time and location of the arrest.

8 (4) The name of the investigating or arresting law

9 enforcement agency.

10 (5) If the individual is incarcerated, the ~~conditions~~

11 ~~of pretrial release~~ amount of any bail or bond.

12 (6) If the individual is incarcerated, the time and

13 date that the individual was received, discharged, or

14 transferred from the arresting agency's custody.

15 (b) The information required by this Section must be made

16 available to the news media for inspection and copying as soon

17 as practicable, but in no event shall the time period exceed 72

18 hours from the arrest. The information described in items (3),

19 (4), (5), and (6) of subsection (a), however, may be withheld

20 if it is determined that disclosure would (i) interfere with

21 pending or actually and reasonably contemplated law

22 enforcement proceedings conducted by any law enforcement or

23 correctional agency; (ii) endanger the life or physical safety

24 of law enforcement or correctional personnel or any other

25 person; or (iii) compromise the security of any correctional

26 facility.

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1 (c) For the purposes of this Section, the term "news

2 media" means personnel of a newspaper or other periodical

3 issued at regular intervals whether in print or electronic

4 format, a news service whether in print or electronic format,

5 a radio station, a television station, a television network, a

6 community antenna television service, or a person or

7 corporation engaged in making news reels or other motion

8 picture news for public showing.

9 (d) Each law enforcement or correctional agency may charge

10 fees for arrest records, but in no instance may the fee exceed

11 the actual cost of copying and reproduction. The fees may not

12 include the cost of the labor used to reproduce the arrest

13 record.

14 (e) The provisions of this Section do not supersede the

15 confidentiality provisions for arrest records of the Juvenile

16 Court Act of 1987.

17 (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;

18 incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02;

19 101-652.)

20 Section 60. The State Police Act is amended by changing

21 Section 14 as follows:

22 (20 ILCS 2610/14) (from Ch. 121, par. 307.14)

23 Sec. 14. Except as is otherwise provided in this Act, no

24 Illinois State Police officer shall be removed, demoted, or

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1 suspended except for cause, upon written charges filed with

2 the Board by the Director and a hearing before the Board

3 thereon upon not less than 10 days' notice at a place to be

4 designated by the chairman thereof. At such hearing, the

5 accused shall be afforded full opportunity to be heard in his

6 or her own defense and to produce proof in his or her defense.

7 ~~It shall not be a requirement of a person~~ Anyone filing a

8 complaint against a State Police officer ~~Officer to~~ must have

9 ~~a~~ the complaint supported by a sworn affidavit ~~or any other~~

10 ~~legal documentation. This ban on an affidavit requirement~~

11 ~~shall apply to any collective bargaining agreements entered~~

12 ~~after the effective date of this provision~~.Any such

13 complaint, having been supported by a sworn affidavit, and

14 having been found, in total or in part, to contain false

15 information, shall be presented to the appropriate State's

16 Attorney for a determination of prosecution.

17 Before any such officer may be interrogated or examined by

18 or before the Board, or by an Illinois State Police agent or

19 investigator specifically assigned to conduct an internal

20 investigation, the results of which hearing, interrogation,or

21 examination may be the basis for filing charges seeking his or

22 her suspension for more than 15 days or his or her removal or

23 discharge, he or she shall be advised in writing as to what

24 specific improper or illegal act he or she is alleged to have

25 committed; he or she shall be advised in writing that his or

26 her admissions made in the course of the hearing,

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1 interrogation,or examination may be used as the basis for

2 charges seeking his or her suspension, removal, or discharge;

3 and he or she shall be advised in writing that he or she has a

4 right to counsel of his or her choosing, who may be present to

5 advise him or her at any hearing, interrogation, or

6 examination. A complete record of any hearing, interrogation,

7 or examination shall be made, and a complete transcript or

8 electronic recording thereof shall be made available to such

9 officer without charge and without delay.

10 The Board shall have the power to secure by its subpoena

11 both the attendance and testimony of witnesses and the

12 production of books and papers in support of the charges and

13 for the defense. Each member of the Board or a designated

14 hearing officer shall have the power to administer oaths or

15 affirmations. If the charges against an accused are

16 established by a preponderance of evidence, the Board shall

17 make a finding of guilty and order either removal, demotion,

18 suspension for a period of not more than 180 days, or such

19 other disciplinary punishment as may be prescribed by the

20 rules and regulations of the Board which, in the opinion of the

21 members thereof, the offense merits. Thereupon the Director

22 shall direct such removal or other punishment as ordered by

23 the Board and if the accused refuses to abide by any such

24 disciplinary order, the Director shall remove him or her

25 forthwith.

26 If the accused is found not guilty or has served a period

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1 of suspension greater than prescribed by the Board, the Board

2 shall order that the officer receive compensation for the

3 period involved. The award of compensation shall include

4 interest at the rate of 7% per annum.

5 The Board may include in its order appropriate sanctions

6 based upon the Board's rules and regulations. If the Board

7 finds that a party has made allegations or denials without

8 reasonable cause or has engaged in frivolous litigation for

9 the purpose of delay or needless increase in the cost of

10 litigation, it may order that party to pay the other party's

11 reasonable expenses, including costs and reasonable attorney's

12 fees. The State of Illinois and the Illinois State Police

13 shall be subject to these sanctions in the same manner as other

14 parties.

15 In case of the neglect or refusal of any person to obey a

16 subpoena issued by the Board, any circuit court, upon

17 application of any member of the Board, may order such person

18 to appear before the Board and give testimony or produce

19 evidence, and any failure to obey such order is punishable by

20 the court as a contempt thereof.

21 The provisions of the Administrative Review Law, and all

22 amendments and modifications thereof, and the rules adopted

23 pursuant thereto, shall apply to and govern all proceedings

24 for the judicial review of any order of the Board rendered

25 pursuant to the provisions of this Section.

26 Notwithstanding the provisions of this Section, a policy

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1 making officer, as defined in the Employee Rights Violation

2 Act, of the Illinois State Police shall be discharged from the

3 Illinois State Police as provided in the Employee Rights

4 Violation Act, enacted by the 85th General Assembly.

5 (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;

6 revised 10-4-21.)

7 (20 ILCS 2610/17c rep.)

8 Section 65. The State Police Act is amended by repealing

9 Section 17c.

10 (20 ILCS 3930/7.7 rep.)

11 (20 ILCS 3930/7.8 rep.)

12 Section 70. The Illinois Criminal Justice Information Act

13 is amended by repealing Sections 7.7 and 7.8.

14 (50 ILCS 105/4.1 rep.)

15 Section 75. The Public Officer Prohibited Activities Act

16 is amended by repealing Section 4.1.

17 Section 80. The Local Records Act is amended by changing

18 Section 3b as follows:

19 (50 ILCS 205/3b)

20 Sec. 3b. Arrest records and reports.

21 (a) When an individual is arrested, the following

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1 information must be made available to the news media for

2 inspection and copying:

3 (1) Information that identifies the individual,

4 including the name, age, address, and photograph, when and

5 if available.

6 (2) Information detailing any charges relating to the

7 arrest.

8 (3) The time and location of the arrest.

9 (4) The name of the investigating or arresting law

10 enforcement agency.

11 (5) If the individual is incarcerated, the ~~conditions~~

12 ~~of pretrial release~~ amount of any bail or bond.

13 (6) If the individual is incarcerated, the time and

14 date that the individual was received, discharged, or

15 transferred from the arresting agency's custody.

16 (b) The information required by this Section must be made

17 available to the news media for inspection and copying as soon

18 as practicable, but in no event shall the time period exceed 72

19 hours from the arrest. The information described in paragraphs

20 (3), (4), (5), and (6) of subsection (a), however, may be

21 withheld if it is determined that disclosure would:

22 (1) interfere with pending or actually and reasonably

23 contemplated law enforcement proceedings conducted by any

24 law enforcement or correctional agency;

25 (2) endanger the life or physical safety of law

26 enforcement or correctional personnel or any other person;

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1 or

2 (3) compromise the security of any correctional

3 facility.

4 (c) For the purposes of this Section the term "news media"

5 means personnel of a newspaper or other periodical issued at

6 regular intervals whether in print or electronic format, a

7 news service whether in print or electronic format, a radio

8 station, a television station, a television network, a

9 community antenna television service, or a person or

10 corporation engaged in making news reels or other motion

11 picture news for public showing.

12 (d) Each law enforcement or correctional agency may charge

13 fees for arrest records, but in no instance may the fee exceed

14 the actual cost of copying and reproduction. The fees may not

15 include the cost of the labor used to reproduce the arrest

16 record.

17 (e) The provisions of this Section do not supersede the

18 confidentiality provisions for arrest records of the Juvenile

19 Court Act of 1987.

20 (f) All information, including photographs, made available

21 under this Section is subject to the provisions of Section

22 2QQQ of the Consumer Fraud and Deceptive Business Practices

23 Act.

24 (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16;

25 101-652.)

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1 (50 ILCS 205/25 rep.)

2 Section 85. The Local Records Act is amended by repealing

3 Section 25.

4 Section 90. The Illinois Police Training Act is amended by

5 changing Sections 6, 6.2, 7, and 10.17 as follows:

6 (50 ILCS 705/6) (from Ch. 85, par. 506)

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

8 Sec. 6. Powers and duties of the Board; selection and

9 certification of schools. The Board shall select and certify

10 schools within the State of Illinois for the purpose of

11 providing basic training for probationary police officers,

12 probationary county corrections officers, and court security

13 officers and of providing advanced or in-service training for

14 permanent police officers or permanent county corrections

15 officers, which schools may be either publicly or privately

16 owned and operated. In addition, the Board has the following

17 power and duties:

18 a. To require local governmental units to furnish such

19 reports and information as the Board deems necessary to

20 fully implement this Act.

21 b. To establish appropriate mandatory minimum

22 standards relating to the training of probationary local

23 law enforcement officers or probationary county

24 corrections officers, and in-service training of permanent

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1 police officers.

2 c. To provide appropriate certification to those

3 probationary officers who successfully complete the

4 prescribed minimum standard basic training course.

5 d. To review and approve annual training curriculum

6 for county sheriffs.

7 e. To review and approve applicants to ensure that no

8 applicant is admitted to a certified academy unless the

9 applicant is a person of good character and has not been

10 convicted of, or entered a plea of guilty to, a felony

11 offense, any of the misdemeanors in Sections 11-1.50,

12 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,

13 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7

14 of the Criminal Code of 1961 or the Criminal Code of 2012,

15 subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the

16 Criminal Code of 1961 or the Criminal Code of 2012, or

17 subsection (a) of Section 17-32 of the Criminal Code of

18 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of

19 the Cannabis Control Act, or a crime involving moral

20 turpitude under the laws of this State or any other state

21 which if committed in this State would be punishable as a

22 felony or a crime of moral turpitude. The Board may

23 appoint investigators who shall enforce the duties

24 conferred upon the Board by this Act.

25 (Source: P.A. 101-187, eff. 1-1-20.)

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1 (Text of Section after amendment by P.A. 101-652, Article

2 10, Section 10-143 but before amendment by P.A. 101-652,

3 Article 25, Section 25-40)

4 Sec. 6. Powers and duties of the Board; selection and

5 certification of schools. The Board shall select and certify

6 schools within the State of Illinois for the purpose of

7 providing basic training for probationary police officers,

8 probationary county corrections officers, and court security

9 officers and of providing advanced or in-service training for

10 permanent police officers or permanent county corrections

11 officers, which schools may be either publicly or privately

12 owned and operated. In addition, the Board has the following

13 power and duties:

14 a. To require local governmental units to furnish such

15 reports and information as the Board deems necessary to

16 fully implement this Act.

17 b. To establish appropriate mandatory minimum

18 standards relating to the training of probationary local

19 law enforcement officers or probationary county

20 corrections officers, and in-service training of permanent

21 police officers.

22 c. To provide appropriate certification to those

23 probationary officers who successfully complete the

24 prescribed minimum standard basic training course.

25 d. To review and approve annual training curriculum

26 for county sheriffs.

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1 e. To review and approve applicants to ensure that no

2 applicant is admitted to a certified academy unless the

3 applicant is a person of good character and has not been

4 convicted of, or entered a plea of guilty to, a felony

5 offense, any of the misdemeanors in Sections 11-1.50,

6 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,

7 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7

8 of the Criminal Code of 1961 or the Criminal Code of 2012,

9 subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the

10 Criminal Code of 1961 or the Criminal Code of 2012, or

11 subsection (a) of Section 17-32 of the Criminal Code of

12 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of

13 the Cannabis Control Act, or a crime involving moral

14 turpitude under the laws of this State or any other state

15 which if committed in this State would be punishable as a

16 felony or a crime of moral turpitude. The Board may

17 appoint investigators who shall enforce the duties

18 conferred upon the Board by this Act.

19 ~~f. To establish statewide standards for minimum~~

20 ~~standards regarding regular mental health screenings for~~

21 ~~probationary and permanent police officers, ensuring that~~

22 ~~counseling sessions and screenings remain confidential.~~

23 (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

24 Section 10-143, eff. 7-1-21.)

25 (Text of Section after amendment by P.A. 101-652, Article

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1 25, Section 25-40)

2 Sec. 6. Powers and duties of the Board; selection and

3 certification of schools. The Board shall select and certify

4 schools within the State of Illinois for the purpose of

5 providing basic training for probationary law enforcement

6 officers, probationary county corrections officers, and court

7 security officers and of providing advanced or in-service

8 training for permanent law enforcement officers or permanent

9 county corrections officers, which schools may be either

10 publicly or privately owned and operated. In addition, the

11 Board has the following power and duties:

12 a. To require local governmental units~~,~~ to furnish

13 such reports and information as the Board deems necessary

14 to fully implement this Act.

15 b. To establish appropriate mandatory minimum

16 standards relating to the training of probationary local

17 law enforcement officers or probationary county

18 corrections officers, and in-service training of permanent

19 law enforcement officers.

20 c. To provide appropriate certification to those

21 probationary officers who successfully complete the

22 prescribed minimum standard basic training course.

23 d. To review and approve annual training curriculum

24 for county sheriffs.

25 e. To review and approve applicants to ensure that no

26 applicant is admitted to a certified academy unless the

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1 applicant is a person of good character and has not been

2 convicted of, found guilty of, or entered a plea of guilty

3 to, or entered a plea of nolo contendere to a felony

4 offense, any of the misdemeanors in Sections 11-1.50,

5 11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,

6 12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,

7 28-3, 29-1, any misdemeanor in violation of any Section of

8 Part E of Title III of the Criminal Code of 1961 or the

9 Criminal Code of 2012, or subsection (a) of Section 17-32

10 of the Criminal Code of 1961 or the Criminal Code of 2012,

11 or Section 5 or 5.2 of the Cannabis Control Act, or a crime

12 involving moral turpitude under the laws of this State or

13 any other state which if committed in this State would be

14 punishable as a felony or a crime of moral turpitude, or

15 any felony or misdemeanor in violation of federal law or

16 the law of any state that is the equivalent of any of the

17 offenses specified therein. The Board may appoint

18 investigators who shall enforce the duties conferred upon

19 the Board by this Act.

20 For purposes of this paragraph e, a person is

21 considered to have been convicted of, found guilty of, or

22 entered a plea of guilty to, plea of nolo contendere to

23 regardless of whether the adjudication of guilt or

24 sentence is withheld or not entered thereon. This includes

25 sentences of supervision, conditional discharge, or first

26 offender probation, or any similar disposition provided

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1 for by law.

2 f. To establish statewide standards for minimum

3 standards regarding regular mental health screenings for

4 probationary and permanent police officers, ensuring that

5 counseling sessions and screenings remain confidential.

6 ~~f. For purposes of this paragraph (e), a person is~~

7 ~~considered to have been "convicted of, found guilty of, or~~

8 ~~entered a plea of guilty to, plea of nolo contendere to"~~

9 ~~regardless of whether the adjudication of guilt or~~

10 ~~sentence is withheld or not entered thereon. This includes~~

11 ~~sentences of supervision, conditional discharge, or first~~

12 ~~offender probation, or any similar disposition provided~~

13 ~~for by law.~~

14 g. To review and ensure all law enforcement officers

15 remain in compliance with this Act, and any administrative

16 rules adopted under this Act.

17 h. To suspend any certificate for a definite period,

18 limit or restrict any certificate, or revoke any

19 certificate.

20 i. The Board and the Panel shall have power to secure

21 by its subpoena and bring before it any person or entity in

22 this State and to take testimony either orally or by

23 deposition or both with the same fees and mileage and in

24 the same manner as prescribed by law in judicial

25 proceedings in civil cases in circuit courts of this

26 State. The Board and the Panel shall also have the power to

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1 subpoena the production of documents, papers, files,

2 books, documents, and records, whether in physical or

3 electronic form, in support of the charges and for

4 defense, and in connection with a hearing or

5 investigation.

6 j. The Executive Director, the administrative law

7 judge designated by the Executive Director, and each

8 member of the Board and the Panel shall have the power to

9 administer oaths to witnesses at any hearing that the

10 Board is authorized to conduct under this Act and any

11 other oaths required or authorized to be administered by

12 the Board under this Act.

13 k. In case of the neglect or refusal of any person to

14 obey a subpoena issued by the Board and the Panel, any

15 circuit court, upon application of the Board and the

16 Panel, through the Illinois Attorney General, may order

17 such person to appear before the Board and the Panel give

18 testimony or produce evidence, and any failure to obey

19 such order is punishable by the court as a contempt

20 thereof. This order may be served by personal delivery, by

21 email, or by mail to the address of record or email address

22 of record.

23 l. The Board shall have the power to administer state

24 certification examinations. Any and all records related to

25 these examinations, including, but not limited to, test

26 questions, test formats, digital files, answer responses,

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1 answer keys, and scoring information shall be exempt from

2 disclosure.

3 (Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

4 Section 10-143, eff. 7-1-21; 101-652, Article 25, Section

5 25-40, eff. 1-1-22; revised 4-26-21.)

6 (50 ILCS 705/6.2)

7 Sec. 6.2. Officer professional conduct database.

8 (a) All law enforcement agencies shall notify the Board of

9 any final determination of willful violation of department or

10 agency policy, official misconduct, or violation of law when:

11 (1) the officer is discharged or dismissed as a result

12 of the violation; or

13 (2) the officer resigns during the course of an

14 investigation and after the officer has been served notice

15 that he or she is under investigation that is based on the

16 commission of ~~any~~ a Class 2 or greater felony ~~or sex~~

17 ~~offense~~.

18 The agency shall report to the Board within 30 days of a

19 final decision of discharge or dismissal and final exhaustion

20 of any appeal, or resignation, and shall provide information

21 regarding the nature of the violation.

22 (b) Upon receiving notification from a law enforcement

23 agency, the Board must notify the law enforcement officer of

24 the report and his or her right to provide a statement

25 regarding the reported violation.

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1 (c) The Board shall maintain a database readily available

2 to any chief administrative officer, or his or her designee,

3 of a law enforcement agency ~~or any State's Attorney~~ that shall

4 show each reported instance, including the name of the

5 officer, the nature of the violation, reason for the final

6 decision of discharge or dismissal, and any statement provided

7 by the officer.

8 (Source: P.A. 99-352, eff. 1-1-16; 101-652.)

9 (50 ILCS 705/7)

10 (Text of Section before amendment by P.A. 102-345)

11 Sec. 7. Rules and standards for schools. The Board shall

12 adopt rules and minimum standards for such schools which shall

13 include, but not be limited to, the following:

14 a. The curriculum for probationary law enforcement

15 officers which shall be offered by all certified schools

16 shall include, but not be limited to, courses of

17 procedural justice, arrest and use and control tactics,

18 search and seizure, including temporary questioning, civil

19 rights, human rights, human relations, cultural

20 competency, including implicit bias and racial and ethnic

21 sensitivity, criminal law, law of criminal procedure,

22 constitutional and proper use of law enforcement

23 authority, ~~crisis intervention training,~~ vehicle and

24 traffic law including uniform and non-discriminatory

25 enforcement of the Illinois Vehicle Code, traffic control

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1 and accident investigation, techniques of obtaining

2 physical evidence, court testimonies, statements, reports,

3 firearms training, training in the use of electronic

4 control devices, including the psychological and

5 physiological effects of the use of those devices on

6 humans, first-aid (including cardiopulmonary

7 resuscitation), training in the administration of opioid

8 antagonists as defined in paragraph (1) of subsection (e)

9 of Section 5-23 of the Substance Use Disorder Act,

10 handling of juvenile offenders, recognition of mental

11 conditions and crises, including, but not limited to, the

12 disease of addiction, which require immediate assistance

13 and response and methods to safeguard and provide

14 assistance to a person in need of mental treatment,

15 recognition of abuse, neglect, financial exploitation, and

16 self-neglect of adults with disabilities and older adults,

17 as defined in Section 2 of the Adult Protective Services

18 Act, crimes against the elderly, law of evidence, the

19 hazards of high-speed police vehicle chases with an

20 emphasis on alternatives to the high-speed chase, and

21 physical training. The curriculum shall include specific

22 training in techniques for immediate response to and

23 investigation of cases of domestic violence and of sexual

24 assault of adults and children, including cultural

25 perceptions and common myths of sexual assault and sexual

26 abuse as well as interview techniques that are age

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1 sensitive and are trauma informed, victim centered, and

2 victim sensitive. The curriculum shall include training in

3 techniques designed to promote effective communication at

4 the initial contact with crime victims and ways to

5 comprehensively explain to victims and witnesses their

6 rights under the Rights of Crime Victims and Witnesses Act

7 and the Crime Victims Compensation Act. The curriculum

8 shall also include training in effective recognition of

9 and responses to stress, trauma, and post-traumatic stress

10 experienced by law enforcement officers that is consistent

11 with Section 25 of the Illinois Mental Health First Aid

12 Training Act in a peer setting, including recognizing

13 signs and symptoms of work-related cumulative stress,

14 issues that may lead to suicide, and solutions for

15 intervention with peer support resources. The curriculum

16 shall include a block of instruction addressing the

17 mandatory reporting requirements under the Abused and

18 Neglected Child Reporting Act. The curriculum shall also

19 include a block of instruction aimed at identifying and

20 interacting with persons with autism and other

21 developmental or physical disabilities, reducing barriers

22 to reporting crimes against persons with autism, and

23 addressing the unique challenges presented by cases

24 involving victims or witnesses with autism and other

25 developmental disabilities. The curriculum shall include

26 training in the detection and investigation of all forms

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1 of human trafficking. The curriculum shall also include

2 instruction in trauma-informed responses designed to

3 ensure the physical safety and well-being of a child of an

4 arrested parent or immediate family member; this

5 instruction must include, but is not limited to: (1)

6 understanding the trauma experienced by the child while

7 maintaining the integrity of the arrest and safety of

8 officers, suspects, and other involved individuals; (2)

9 de-escalation tactics that would include the use of force

10 when reasonably necessary; and (3) inquiring whether a

11 child will require supervision and care. ~~The curriculum~~

12 ~~for probationary law enforcement officers shall include:~~

13 ~~(1) at least 12 hours of hands-on, scenario-based~~

14 ~~role-playing; (2) at least 6 hours of instruction on use~~

15 ~~of force techniques, including the use of de-escalation~~

16 ~~techniques to prevent or reduce the need for force~~

17 ~~whenever safe and feasible; (3) specific training on~~

18 ~~officer safety techniques, including cover, concealment,~~

19 ~~and time; and (4) at least 6 hours of training focused on~~

20 ~~high-risk traffic stops.~~The curriculum for permanent law

21 enforcement officers shall include, but not be limited to:

22 (1) refresher and in-service training in any of the

23 courses listed above in this subparagraph, (2) advanced

24 courses in any of the subjects listed above in this

25 subparagraph, (3) training for supervisory personnel, and

26 (4) specialized training in subjects and fields to be

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1 selected by the board. The training in the use of

2 electronic control devices shall be conducted for

3 probationary law enforcement officers, including

4 University police officers.

5 b. Minimum courses of study, attendance requirements

6 and equipment requirements.

7 c. Minimum requirements for instructors.

8 d. Minimum basic training requirements, which a

9 probationary law enforcement officer must satisfactorily

10 complete before being eligible for permanent employment as

11 a local law enforcement officer for a participating local

12 governmental or State governmental agency. Those

13 requirements shall include training in first aid

14 (including cardiopulmonary resuscitation).

15 e. Minimum basic training requirements, which a

16 probationary county corrections officer must

17 satisfactorily complete before being eligible for

18 permanent employment as a county corrections officer for a

19 participating local governmental agency.

20 f. Minimum basic training requirements which a

21 probationary court security officer must satisfactorily

22 complete before being eligible for permanent employment as

23 a court security officer for a participating local

24 governmental agency. The Board shall establish those

25 training requirements which it considers appropriate for

26 court security officers and shall certify schools to

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1 conduct that training.

2 A person hired to serve as a court security officer

3 must obtain from the Board a certificate (i) attesting to

4 the officer's successful completion of the training

5 course; (ii) attesting to the officer's satisfactory

6 completion of a training program of similar content and

7 number of hours that has been found acceptable by the

8 Board under the provisions of this Act; or (iii) attesting

9 to the Board's determination that the training course is

10 unnecessary because of the person's extensive prior law

11 enforcement experience.

12 Individuals who currently serve as court security

13 officers shall be deemed qualified to continue to serve in

14 that capacity so long as they are certified as provided by

15 this Act within 24 months of June 1, 1997 (the effective

16 date of Public Act 89-685). Failure to be so certified,

17 absent a waiver from the Board, shall cause the officer to

18 forfeit his or her position.

19 All individuals hired as court security officers on or

20 after June 1, 1997 (the effective date of Public Act

21 89-685) shall be certified within 12 months of the date of

22 their hire, unless a waiver has been obtained by the

23 Board, or they shall forfeit their positions.

24 The Sheriff's Merit Commission, if one exists, or the

25 Sheriff's Office if there is no Sheriff's Merit

26 Commission, shall maintain a list of all individuals who

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1 have filed applications to become court security officers

2 and who meet the eligibility requirements established

3 under this Act. Either the Sheriff's Merit Commission, or

4 the Sheriff's Office if no Sheriff's Merit Commission

5 exists, shall establish a schedule of reasonable intervals

6 for verification of the applicants' qualifications under

7 this Act and as established by the Board.

8 g. Minimum in-service training requirements, which a

9 law enforcement officer must satisfactorily complete every

10 3 years. Those requirements shall include constitutional

11 and proper use of law enforcement authority, procedural

12 justice, civil rights, human rights, mental health

13 awareness and response, officer wellness, reporting child

14 abuse and neglect, and cultural competency~~, including~~

15 ~~implicit bias and racial and ethnic sensitivity~~. These

16 trainings shall consist of at least 30 hours of training

17 every 3 years.

18 h. Minimum in-service training requirements, which a

19 law enforcement officer must satisfactorily complete at

20 least annually. Those requirements shall include law

21 updates~~, emergency medical response training and~~

22 ~~certification, crisis intervention training, and officer~~

23 ~~wellness and mental health~~ and use of force training which

24 shall include scenario based training, or similar training

25 approved by the Board.

26 ~~i. Minimum in-service training requirements as set~~

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1 ~~forth in Section 10.6.~~

2 The amendatory changes to this Section made by Public Act

3 101-652 shall take effect January 1, 2022.

4 (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;

5 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.

6 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section

7 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.

8 1-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised

9 10-5-21.)

10 (Text of Section after amendment by P.A. 102-345)

11 Sec. 7. Rules and standards for schools. The Board shall

12 adopt rules and minimum standards for such schools which shall

13 include, but not be limited to, the following:

14 a. The curriculum for probationary law enforcement

15 officers which shall be offered by all certified schools

16 shall include, but not be limited to, courses of

17 procedural justice, arrest and use and control tactics,

18 search and seizure, including temporary questioning, civil

19 rights, human rights, human relations, cultural

20 competency, including implicit bias and racial and ethnic

21 sensitivity, criminal law, law of criminal procedure,

22 constitutional and proper use of law enforcement

23 authority, ~~crisis intervention training,~~ vehicle and

24 traffic law including uniform and non-discriminatory

25 enforcement of the Illinois Vehicle Code, traffic control

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1 and accident investigation, techniques of obtaining

2 physical evidence, court testimonies, statements, reports,

3 firearms training, training in the use of electronic

4 control devices, including the psychological and

5 physiological effects of the use of those devices on

6 humans, first-aid (including cardiopulmonary

7 resuscitation), training in the administration of opioid

8 antagonists as defined in paragraph (1) of subsection (e)

9 of Section 5-23 of the Substance Use Disorder Act,

10 handling of juvenile offenders, recognition of mental

11 conditions and crises, including, but not limited to, the

12 disease of addiction, which require immediate assistance

13 and response and methods to safeguard and provide

14 assistance to a person in need of mental treatment,

15 recognition of abuse, neglect, financial exploitation, and

16 self-neglect of adults with disabilities and older adults,

17 as defined in Section 2 of the Adult Protective Services

18 Act, crimes against the elderly, law of evidence, the

19 hazards of high-speed police vehicle chases with an

20 emphasis on alternatives to the high-speed chase, and

21 physical training. The curriculum shall include specific

22 training in techniques for immediate response to and

23 investigation of cases of domestic violence and of sexual

24 assault of adults and children, including cultural

25 perceptions and common myths of sexual assault and sexual

26 abuse as well as interview techniques that are age

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1 sensitive and are trauma informed, victim centered, and

2 victim sensitive. The curriculum shall include training in

3 techniques designed to promote effective communication at

4 the initial contact with crime victims and ways to

5 comprehensively explain to victims and witnesses their

6 rights under the Rights of Crime Victims and Witnesses Act

7 and the Crime Victims Compensation Act. The curriculum

8 shall also include training in effective recognition of

9 and responses to stress, trauma, and post-traumatic stress

10 experienced by law enforcement officers that is consistent

11 with Section 25 of the Illinois Mental Health First Aid

12 Training Act in a peer setting, including recognizing

13 signs and symptoms of work-related cumulative stress,

14 issues that may lead to suicide, and solutions for

15 intervention with peer support resources. The curriculum

16 shall include a block of instruction addressing the

17 mandatory reporting requirements under the Abused and

18 Neglected Child Reporting Act. The curriculum shall also

19 include a block of instruction aimed at identifying and

20 interacting with persons with autism and other

21 developmental or physical disabilities, reducing barriers

22 to reporting crimes against persons with autism, and

23 addressing the unique challenges presented by cases

24 involving victims or witnesses with autism and other

25 developmental disabilities. The curriculum shall include

26 training in the detection and investigation of all forms

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1 of human trafficking. The curriculum shall also include

2 instruction in trauma-informed responses designed to

3 ensure the physical safety and well-being of a child of an

4 arrested parent or immediate family member; this

5 instruction must include, but is not limited to: (1)

6 understanding the trauma experienced by the child while

7 maintaining the integrity of the arrest and safety of

8 officers, suspects, and other involved individuals; (2)

9 de-escalation tactics that would include the use of force

10 when reasonably necessary; and (3) inquiring whether a

11 child will require supervision and care. ~~The curriculum~~

12 ~~for probationary law enforcement officers shall include:~~

13 ~~(1) at least 12 hours of hands-on, scenario-based~~

14 ~~role-playing; (2) at least 6 hours of instruction on use~~

15 ~~of force techniques, including the use of de-escalation~~

16 ~~techniques to prevent or reduce the need for force~~

17 ~~whenever safe and feasible; (3) specific training on~~

18 ~~officer safety techniques, including cover, concealment,~~

19 ~~and time; and (4) at least 6 hours of training focused on~~

20 ~~high-risk traffic stops.~~The curriculum for permanent law

21 enforcement officers shall include, but not be limited to:

22 (1) refresher and in-service training in any of the

23 courses listed above in this subparagraph, (2) advanced

24 courses in any of the subjects listed above in this

25 subparagraph, (3) training for supervisory personnel, and

26 (4) specialized training in subjects and fields to be

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1 selected by the board. The training in the use of

2 electronic control devices shall be conducted for

3 probationary law enforcement officers, including

4 University police officers. The curriculum shall also

5 include training on the use of a firearms restraining

6 order by providing instruction on the process used to file

7 a firearms restraining order and how to identify

8 situations in which a firearms restraining order is

9 appropriate.

10 b. Minimum courses of study, attendance requirements

11 and equipment requirements.

12 c. Minimum requirements for instructors.

13 d. Minimum basic training requirements, which a

14 probationary law enforcement officer must satisfactorily

15 complete before being eligible for permanent employment as

16 a local law enforcement officer for a participating local

17 governmental or State governmental agency. Those

18 requirements shall include training in first aid

19 (including cardiopulmonary resuscitation).

20 e. Minimum basic training requirements, which a

21 probationary county corrections officer must

22 satisfactorily complete before being eligible for

23 permanent employment as a county corrections officer for a

24 participating local governmental agency.

25 f. Minimum basic training requirements which a

26 probationary court security officer must satisfactorily

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1 complete before being eligible for permanent employment as

2 a court security officer for a participating local

3 governmental agency. The Board shall establish those

4 training requirements which it considers appropriate for

5 court security officers and shall certify schools to

6 conduct that training.

7 A person hired to serve as a court security officer

8 must obtain from the Board a certificate (i) attesting to

9 the officer's successful completion of the training

10 course; (ii) attesting to the officer's satisfactory

11 completion of a training program of similar content and

12 number of hours that has been found acceptable by the

13 Board under the provisions of this Act; or (iii) attesting

14 to the Board's determination that the training course is

15 unnecessary because of the person's extensive prior law

16 enforcement experience.

17 Individuals who currently serve as court security

18 officers shall be deemed qualified to continue to serve in

19 that capacity so long as they are certified as provided by

20 this Act within 24 months of June 1, 1997 (the effective

21 date of Public Act 89-685). Failure to be so certified,

22 absent a waiver from the Board, shall cause the officer to

23 forfeit his or her position.

24 All individuals hired as court security officers on or

25 after June 1, 1997 (the effective date of Public Act

26 89-685) shall be certified within 12 months of the date of

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1 their hire, unless a waiver has been obtained by the

2 Board, or they shall forfeit their positions.

3 The Sheriff's Merit Commission, if one exists, or the

4 Sheriff's Office if there is no Sheriff's Merit

5 Commission, shall maintain a list of all individuals who

6 have filed applications to become court security officers

7 and who meet the eligibility requirements established

8 under this Act. Either the Sheriff's Merit Commission, or

9 the Sheriff's Office if no Sheriff's Merit Commission

10 exists, shall establish a schedule of reasonable intervals

11 for verification of the applicants' qualifications under

12 this Act and as established by the Board.

13 g. Minimum in-service training requirements, which a

14 law enforcement officer must satisfactorily complete every

15 3 years. Those requirements shall include constitutional

16 and proper use of law enforcement authority, procedural

17 justice, civil rights, human rights, mental health

18 awareness and response, officer wellness, reporting child

19 abuse and neglect, and cultural competency~~, including~~

20 ~~implicit bias and racial and ethnic sensitivity~~. These

21 trainings shall consist of at least 30 hours of training

22 every 3 years.

23 h. Minimum in-service training requirements, which a

24 law enforcement officer must satisfactorily complete at

25 least annually. Those requirements shall include law

26 updates~~, emergency medical response training and~~

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1 ~~certification, crisis intervention training, and officer~~

2 ~~wellness and mental health~~ and use of force training which

3 shall include scenario based training, or similar training

4 approved by the Board.

5 ~~i. Minimum in-service training requirements as set~~

6 ~~forth in Section 10.6.~~

7 The amendatory changes to this Section made by Public Act

8 101-652 shall take effect January 1, 2022.

9 (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;

10 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.

11 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section

12 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.

13 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,

14 eff. 8-20-21; revised 10-5-21.)

15 (50 ILCS 705/10.17)

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

17 Sec. 10.17. Crisis intervention team training; mental

18 health awareness training.

19 (a) The Illinois Law Enforcement Training Standards Board

20 shall develop and approve a standard curriculum for certified

21 training programs in crisis intervention addressing

22 specialized policing responses to people with mental

23 illnesses. The Board shall conduct Crisis Intervention Team

24 (CIT) training programs that train officers to identify signs

25 and symptoms of mental illness, to de-escalate situations

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1 involving individuals who appear to have a mental illness, and

2 connect that person in crisis to treatment. Officers who have

3 successfully completed this program shall be issued a

4 certificate attesting to their attendance of a Crisis

5 Intervention Team (CIT) training program.

6 (b) The Board shall create an introductory course

7 incorporating adult learning models that provides law

8 enforcement officers with an awareness of mental health issues

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

10 mental health illness including signs and symptoms of mental

11 illness and common treatments and medications, and the

12 potential interactions law enforcement officers may have on a

13 regular basis with these individuals, their families, and

14 service providers including de-escalating a potential crisis

15 situation. This course, in addition to other traditional

16 learning settings, may be made available in an electronic

17 format.

18 (Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;

19 100-247, eff. 1-1-18.)

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

21 Sec. 10.17. Crisis intervention team training; mental

22 health awareness training.

23 (a) The Illinois Law Enforcement Training Standards Board

24 shall develop and approve a standard curriculum for certified

25 training programs in crisis intervention ~~of at least 40 hours~~

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1 addressing specialized policing responses to people with

2 mental illnesses. The Board shall conduct Crisis Intervention

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

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

5 situations involving individuals who appear to have a mental

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

7 ~~Crisis Intervention Team (CIT) training programs shall be a~~

8 ~~collaboration between law enforcement professionals, mental~~

9 ~~health providers, families, and consumer advocates and must~~

10 ~~minimally include the following components: (1) basic~~

11 ~~information about mental illnesses and how to recognize them;~~

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

13 ~~learning from family members of individuals with mental~~

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

15 ~~training and role-plays.~~ Officers who have successfully

16 completed this program shall be issued a certificate attesting

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

18 training program.

19 (b) The Board shall create an introductory course

20 incorporating adult learning models that provides law

21 enforcement officers with an awareness of mental health issues

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

23 mental health illness including signs and symptoms of mental

24 illness and common treatments and medications, and the

25 potential interactions law enforcement officers may have on a

26 regular basis with these individuals, their families, and

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1 service providers including de-escalating a potential crisis

2 situation. This course, in addition to other traditional

3 learning settings, may be made available in an electronic

4 format.

5 (Source: P.A. 100-247, eff. 1-1-18; 101-652, eff. 7-1-21.)

6 (50 ILCS 705/10.6 rep.)

7 Section 95. The Illinois Police Training Act is amended by

8 repealing Section 10.6.

9 Section 100. The Law Enforcement Officer-Worn Body Camera

10 Act is amended by changing Sections 10-15, 10-20, and 10-25 as

11 follows:

12 (50 ILCS 706/10-15)

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

14 Sec. 10-15. Applicability. Any law enforcement agency

15 which employs the use of officer-worn body cameras is subject

16 to the provisions of this Act, whether or not the agency

17 receives or has received monies from the Law Enforcement

18 Camera Grant Fund.

19 (Source: P.A. 99-352, eff. 1-1-16.)

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

21 Sec. 10-15. Applicability.

22 ~~(a) All~~ Any law enforcement ~~agencies must employ the use~~

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1 ~~of~~ agency which employs the use of officer-worn body cameras

2 ~~in accordance with~~ is subject to the provisions of this Act,

3 whether or not the agency receives or has received monies from

4 the Law Enforcement Camera Grant Fund.

5 ~~(b) All law enforcement agencies must implement the use of~~

6 ~~body cameras for all law enforcement officers, according to~~

7 ~~the following schedule:~~

8 ~~(1) for municipalities and counties with populations~~

9 ~~of 500,000 or more, body cameras shall be implemented by~~

10 ~~January 1, 2022;~~

11 ~~(2) for municipalities and counties with populations~~

12 ~~of 100,000 or more but under 500,000, body cameras shall~~

13 ~~be implemented by January 1, 2023;~~

14 ~~(3) for municipalities and counties with populations~~

15 ~~of 50,000 or more but under 100,000, body cameras shall be~~

16 ~~implemented by January 1, 2024;~~

17 ~~(4) for municipalities and counties under 50,000, body~~

18 ~~cameras shall be implemented by January 1, 2025; and~~

19 ~~(5) for the Department of State Police, body cameras~~

20 ~~shall be implemented by January 1, 2025.~~

21 ~~(c) A law enforcement agency's compliance with the~~

22 ~~requirements under this Section shall receive preference by~~

23 ~~the Illinois Law Enforcement Training Standards Board in~~

24 ~~awarding grant funding under the Law Enforcement Camera Grant~~

25 ~~Act.~~

26 (Source: P.A. 101-652, eff. 7-1-21.)

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1 (50 ILCS 706/10-20)

2 Sec. 10-20. Requirements.

3 (a) The Board shall develop basic guidelines for the use

4 of officer-worn body cameras by law enforcement agencies. The

5 guidelines developed by the Board shall be the basis for the

6 written policy which must be adopted by each law enforcement

7 agency which employs the use of officer-worn body cameras. The

8 written policy adopted by the law enforcement agency must

9 include, at a minimum, all of the following:

10 (1) Cameras must be equipped with pre-event recording,

11 capable of recording at least the 30 seconds prior to

12 camera activation, unless the officer-worn body camera was

13 purchased and acquired by the law enforcement agency prior

14 to July 1, 2015.

15 (2) Cameras must be capable of recording for a period

16 of 10 hours or more, unless the officer-worn body camera

17 was purchased and acquired by the law enforcement agency

18 prior to July 1, 2015.

19 (3) Cameras must be turned on at all times when the

20 officer is in uniform and is responding to calls for

21 service or engaged in any law enforcement-related

22 encounter or activity~~,~~ that occurs while the officer is on

23 duty.

24 (A) If exigent circumstances exist which prevent

25 the camera from being turned on, the camera must be

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1 turned on as soon as practicable.

2 (B) Officer-worn body cameras may be turned off

3 when the officer is inside of a patrol car which is

4 equipped with a functioning in-car camera; however,

5 the officer must turn on the camera upon exiting the

6 patrol vehicle for law enforcement-related encounters.

7 ~~(C) Officer-worn body cameras may be turned off~~

8 ~~when the officer is inside a correctional facility or~~

9 ~~courthouse which is equipped with a functioning camera~~

10 ~~system.~~

11 (4) Cameras must be turned off when:

12 (A) the victim of a crime requests that the camera

13 be turned off, and unless impractical or impossible,

14 that request is made on the recording;

15 (B) a witness of a crime or a community member who

16 wishes to report a crime requests that the camera be

17 turned off, and unless impractical or impossible that

18 request is made on the recording;

19 (C) the officer is interacting with a confidential

20 informant used by the law enforcement agency; or

21 (D) an officer of the Department of Revenue enters

22 a Department of Revenue facility or conducts an

23 interview during which return information will be

24 discussed or visible.

25 However, an officer may continue to record or resume

26 recording a victim or a witness, if exigent circumstances

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1 exist, or if the officer has reasonable articulable

2 suspicion that a victim or witness, or confidential

3 informant has committed or is in the process of committing

4 a crime. Under these circumstances, and unless impractical

5 or impossible, the officer must indicate on the recording

6 the reason for continuing to record despite the request of

7 the victim or witness.

8 (4.5) Cameras may be turned off when the officer is

9 engaged in community caretaking functions. However, the

10 camera must be turned on when the officer has reason to

11 believe that the person on whose behalf the officer is

12 performing a community caretaking function has committed

13 or is in the process of committing a crime. If exigent

14 circumstances exist which prevent the camera from being

15 turned on, the camera must be turned on as soon as

16 practicable.

17 (5) The officer must provide notice of recording to

18 any person if the person has a reasonable expectation of

19 privacy and proof of notice must be evident in the

20 recording. If exigent circumstances exist which prevent

21 the officer from providing notice, notice must be provided

22 as soon as practicable.

23 (6) ~~(A)~~ For the purposes of redaction, labeling, or

24 duplicating recordings, access to camera recordings shall

25 be restricted to only those personnel responsible for

26 those purposes. The recording officer or his or her

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1 supervisor may not redact, label, duplicate or otherwise

2 alter the recording officer's camera recordings. Except as

3 otherwise provided in this Section, the recording officer

4 and his or her supervisor may access and review recordings

5 prior to completing incident reports or other

6 documentation, provided that the officer or his or her

7 supervisor discloses that fact in the report or

8 documentation.

9 (i) A law enforcement officer shall not have

10 access to or review his or her body-worn camera

11 recordings or the body-worn camera recordings of

12 another officer prior to completing incident reports

13 or other documentation when the officer:

14 (a) has been involved in or is a witness to an

15 officer-involved shooting, use of deadly force

16 incident, or use of force incidents resulting in

17 great bodily harm;

18 (b) is ordered to write a report in response

19 to or during the investigation of a misconduct

20 complaint against the officer.

21 (ii) If the officer subject to subparagraph (i)

22 prepares a report, any report shall be prepared

23 without viewing body-worn camera recordings, and

24 subject to supervisor's approval, officers may file

25 amendatory reports after viewing body-worn camera

26 recordings. Supplemental reports under this provision

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1 shall also contain documentation regarding access to

2 the video footage.

3 ~~(B) The recording officer's assigned field~~

4 ~~training officer may access and review recordings for~~

5 ~~training purposes. Any detective or investigator~~

6 ~~directly involved in the investigation of a matter may~~

7 ~~access and review recordings which pertain to that~~

8 ~~investigation but may not have access to delete or~~

9 ~~alter such recordings.~~

10 (7) Recordings made on officer-worn cameras must be

11 retained by the law enforcement agency or by the camera

12 vendor used by the agency, on a recording medium for a

13 period of 90 days.

14 (A) Under no circumstances shall any recording,

15 except for a non-law enforcement related activity or

16 encounter, made with an officer-worn body camera be

17 altered, erased, or destroyed prior to the expiration

18 of the 90-day storage period. In the event any

19 recording made with an officer-worn body camera is

20 altered, erased, or destroyed prior to the expiration

21 of the 90-day storage period, the law enforcement

22 agency shall maintain, for a period of one year, a

23 written record including (i) the name of the

24 individual who made such alteration, erasure, or

25 destruction, and (ii) the reason for any such

26 alteration, erasure, or destruction.

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1 (B) Following the 90-day storage period, any and

2 all recordings made with an officer-worn body camera

3 must be destroyed, unless any encounter captured on

4 the recording has been flagged. An encounter is deemed

5 to be flagged when:

6 (i) a formal or informal complaint has been

7 filed;

8 (ii) the officer discharged his or her firearm

9 or used force during the encounter;

10 (iii) death or great bodily harm occurred to

11 any person in the recording;

12 (iv) the encounter resulted in a detention or

13 an arrest, excluding traffic stops which resulted

14 in only a minor traffic offense or business

15 offense;

16 (v) the officer is the subject of an internal

17 investigation or otherwise being investigated for

18 possible misconduct;

19 (vi) the supervisor of the officer,

20 prosecutor, defendant, or court determines that

21 the encounter has evidentiary value in a criminal

22 prosecution; or

23 (vii) the recording officer requests that the

24 video be flagged for official purposes related to

25 his or her official duties.

26 (C) Under no circumstances shall any recording

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1 made with an officer-worn body camera relating to a

2 flagged encounter be altered or destroyed prior to 2

3 years after the recording was flagged. If the flagged

4 recording was used in a criminal, civil, or

5 administrative proceeding, the recording shall not be

6 destroyed except upon a final disposition and order

7 from the court.

8 (8) Following the 90-day storage period, recordings

9 may be retained if a supervisor at the law enforcement

10 agency designates the recording for training purposes. If

11 the recording is designated for training purposes, the

12 recordings may be viewed by officers, in the presence of a

13 supervisor or training instructor, for the purposes of

14 instruction, training, or ensuring compliance with agency

15 policies.

16 (9) Recordings shall not be used to discipline law

17 enforcement officers unless:

18 (A) a formal or informal complaint of misconduct

19 has been made;

20 (B) a use of force incident has occurred;

21 (C) the encounter on the recording could result in

22 a formal investigation under the Uniform Peace

23 Officers' Disciplinary Act; or

24 (D) as corroboration of other evidence of

25 misconduct.

26 Nothing in this paragraph (9) shall be construed to

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1 limit or prohibit a law enforcement officer from being

2 subject to an action that does not amount to discipline.

3 (10) The law enforcement agency shall ensure proper

4 care and maintenance of officer-worn body cameras. Upon

5 becoming aware, officers must as soon as practical

6 document and notify the appropriate supervisor of any

7 technical difficulties, failures, or problems with the

8 officer-worn body camera or associated equipment. Upon

9 receiving notice, the appropriate supervisor shall make

10 every reasonable effort to correct and repair any of the

11 officer-worn body camera equipment.

12 (11) No officer may hinder or prohibit any person, not

13 a law enforcement officer, from recording a law

14 enforcement officer in the performance of his or her

15 duties in a public place or when the officer has no

16 reasonable expectation of privacy. The law enforcement

17 agency's written policy shall indicate the potential

18 criminal penalties, as well as any departmental

19 discipline, which may result from unlawful confiscation or

20 destruction of the recording medium of a person who is not

21 a law enforcement officer. However, an officer may take

22 reasonable action to maintain safety and control, secure

23 crime scenes and accident sites, protect the integrity and

24 confidentiality of investigations, and protect the public

25 safety and order.

26 (b) Recordings made with the use of an officer-worn body

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1 camera are not subject to disclosure under the Freedom of

2 Information Act, except that:

3 (1) if the subject of the encounter has a reasonable

4 expectation of privacy, at the time of the recording, any

5 recording which is flagged, due to the filing of a

6 complaint, discharge of a firearm, use of force, arrest or

7 detention, or resulting death or bodily harm, shall be

8 disclosed in accordance with the Freedom of Information

9 Act if:

10 (A) the subject of the encounter captured on the

11 recording is a victim or witness; and

12 (B) the law enforcement agency obtains written

13 permission of the subject or the subject's legal

14 representative;

15 (2) except as provided in paragraph (1) of this

16 subsection (b), any recording which is flagged due to the

17 filing of a complaint, discharge of a firearm, use of

18 force, arrest or detention, or resulting death or bodily

19 harm shall be disclosed in accordance with the Freedom of

20 Information Act; and

21 (3) upon request, the law enforcement agency shall

22 disclose, in accordance with the Freedom of Information

23 Act, the recording to the subject of the encounter

24 captured on the recording or to the subject's attorney, or

25 the officer or his or her legal representative.

26 For the purposes of paragraph (1) of this subsection (b),

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1 the subject of the encounter does not have a reasonable

2 expectation of privacy if the subject was arrested as a result

3 of the encounter. For purposes of subparagraph (A) of

4 paragraph (1) of this subsection (b), "witness" does not

5 include a person who is a victim or who was arrested as a

6 result of the encounter.

7 Only recordings or portions of recordings responsive to

8 the request shall be available for inspection or reproduction.

9 Any recording disclosed under the Freedom of Information Act

10 shall be redacted to remove identification of any person that

11 appears on the recording and is not the officer, a subject of

12 the encounter, or directly involved in the encounter. Nothing

13 in this subsection (b) shall require the disclosure of any

14 recording or portion of any recording which would be exempt

15 from disclosure under the Freedom of Information Act.

16 (c) Nothing in this Section shall limit access to a camera

17 recording for the purposes of complying with Supreme Court

18 rules or the rules of evidence.

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

20 revised 7-30-21.)

21 (50 ILCS 706/10-25)

22 Sec. 10-25. Reporting.

23 (a) Each law enforcement agency which employs the use of

24 officer-worn body cameras must provide an annual report ~~on the~~

25 ~~use of officer-worn body cameras~~ to the Board, on or before May

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1 1 of the year. The report shall include:

2 (1) a brief overview of the makeup of the agency,

3 including the number of officers utilizing officer-worn

4 body cameras;

5 (2) the number of officer-worn body cameras utilized

6 by the law enforcement agency;

7 (3) any technical issues with the equipment and how

8 those issues were remedied;

9 (4) a brief description of the review process used by

10 supervisors within the law enforcement agency;

11 (5) for each recording used in prosecutions of

12 conservation, criminal, or traffic offenses or municipal

13 ordinance violations:

14 (A) the time, date, location, and precinct of the

15 incident;

16 (B) the offense charged and the date charges were

17 filed; and

18 (6) any other information relevant to the

19 administration of the program.

20 (b) On or before July 30 of each year, the Board must

21 analyze the law enforcement agency reports and provide an

22 annual report to the General Assembly and the Governor.

23 (Source: P.A. 99-352, eff. 1-1-16; 101-652.)

24 Section 105. The Uniform Crime Reporting Act is amended by

25 changing Sections 5-10, 5-12, and 5-20 as follows:

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1 (50 ILCS 709/5-10)

2 Sec. 5-10. Central repository of crime statistics. The

3 Illinois State Police shall be a central repository and

4 custodian of crime statistics for the State and shall have all

5 the power necessary to carry out the purposes of this Act,

6 including the power to demand and receive cooperation in the

7 submission of crime statistics from all law enforcement

8 agencies. All data and information provided to the Illinois

9 State Police under this Act must be provided in a manner and

10 form prescribed by the Illinois State Police. On an annual

11 basis, the Illinois State Police shall make available

12 compilations of crime statistics ~~and monthly reporting~~

13 required to be reported by each law enforcement agency.

14 (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;

15 revised 10-15-21.)

16 (50 ILCS 709/5-12)

17 Sec. 5-12. Monthly reporting. All law enforcement agencies

18 shall submit to the Illinois State Police on a monthly basis

19 the following:

20 (1) beginning January 1, 2016, a report on any

21 arrest-related death that shall include information

22 regarding the deceased, the officer, any weapon used by

23 the officer or the deceased, and the circumstances of the

24 incident. The Illinois State Police shall submit on a

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1 quarterly basis all information collected under this

2 paragraph (1) to the Illinois Criminal Justice Information

3 Authority, contingent upon updated federal guidelines

4 regarding the Uniform Crime Reporting Program;

5 (2) beginning January 1, 2017, a report on any

6 instance when a law enforcement officer discharges his or

7 her firearm causing a non-fatal injury to a person, during

8 the performance of his or her official duties or in the

9 line of duty;

10 (3) a report of incident-based information on hate

11 crimes including information describing the offense,

12 location of the offense, type of victim, offender, and

13 bias motivation. If no hate crime incidents occurred

14 during a reporting month, the law enforcement agency must

15 submit a no incident record, as required by the Illinois

16 State Police;

17 (4) a report on any incident of an alleged commission

18 of a domestic crime, that shall include information

19 regarding the victim, offender, date and time of the

20 incident, any injury inflicted, any weapons involved in

21 the commission of the offense, and the relationship

22 between the victim and the offender;

23 (5) data on an index of offenses selected by the

24 Illinois State Police based on the seriousness of the

25 offense, frequency of occurrence of the offense, and

26 likelihood of being reported to law enforcement. The data

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1 shall include the number of index crime offenses committed

2 and number of associated arrests; and

3 (6) data on offenses and incidents reported by schools

4 to local law enforcement. The data shall include offenses

5 defined as an attack against school personnel,

6 intimidation offenses, drug incidents, and incidents

7 involving weapons~~;~~ .

8 ~~(7) beginning on July 1, 2021, a report on incidents~~

9 ~~where a law enforcement officer was dispatched to deal~~

10 ~~with a person experiencing a mental health crisis or~~

11 ~~incident. The report shall include the number of~~

12 ~~incidents, the level of law enforcement response and the~~

13 ~~outcome of each incident. For purposes of this Section, a~~

14 ~~"mental health crisis" is when a person's behavior puts~~

15 ~~them at risk of hurting themselves or others or prevents~~

16 ~~them from being able to care for themselves;~~

17 ~~(8) beginning on July 1, 2021, a report on use of~~

18 ~~force, including any action that resulted in the death or~~

19 ~~serious bodily injury of a person or the discharge of a~~

20 ~~firearm at or in the direction of a person. The report~~

21 ~~shall include information required by the Department,~~

22 ~~pursuant to Section 5-11 of this Act.~~

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

24 102-538, eff. 8-20-21; revised 10-15-21.)

25 (50 ILCS 709/5-20)

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1 Sec. 5-20. Reporting compliance. The Illinois State Police

2 shall annually report to the Illinois Law Enforcement Training

3 Standards Board ~~and the Department of Revenue~~ any law

4 enforcement agency not in compliance with the reporting

5 requirements under this Act. A law enforcement agency's

6 compliance with the reporting requirements under this Act

7 shall be a factor considered by the Illinois Law Enforcement

8 Training Standards Board in awarding grant funding under the

9 Law Enforcement Camera Grant Act~~, with preference to law~~

10 ~~enforcement agencies which are in compliance with reporting~~

11 ~~requirements under this Act~~.

12 (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;

13 revised 10-15-21.)

14 (50 ILCS 709/5-11 rep.)

15 Section 110. The Uniform Crime Reporting Act is amended by

16 repealing Section 5-11.

17 Section 115. The Uniform Peace Officers' Disciplinary Act

18 is amended by changing Sections 3.2, 3.4, and 3.8 as follows:

19 (50 ILCS 725/3.2) (from Ch. 85, par. 2555)

20 Sec. 3.2. No officer shall be subjected to interrogation

21 without first being informed in writing of the nature of the

22 investigation. If an administrative proceeding is instituted,

23 the officer shall be informed beforehand of the names of all

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1 complainants. The information shall be sufficient as to

2 reasonably apprise the officer of the nature of the

3 investigation.

4 (Source: P.A. 83-981; 101-652.)

5 (50 ILCS 725/3.4) (from Ch. 85, par. 2557)

6 Sec. 3.4. The officer under investigation shall be

7 informed in writing of thename, rank and unit or command of

8 the officer in charge of the investigation, the interrogators,

9 and all persons who will be present on the behalf of the

10 employer during any interrogation except at a public

11 administrative proceeding. The officer under investigation

12 shall inform the employer of any person who will be present on

13 his or her behalf during any interrogation except at a public

14 administrative hearing.

15 (Source: P.A. 94-344, eff. 1-1-06; 101-652.)

16 (50 ILCS 725/3.8) (from Ch. 85, par. 2561)

17 Sec. 3.8. Admissions; counsel; verified complaint.

18 (a) No officer shall be interrogated without first being

19 advised in writing that admissions made in the course of the

20 interrogation may be used as evidence of misconduct or as the

21 basis for charges seeking suspension, removal, or discharge;

22 and without first being advised in writing that he or she has

23 the right to counsel of his or her choosing who may be present

24 to advise him or her at any stage of any interrogation.

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1 (b) ~~It shall not be a requirement for a person~~ Anyone

2 filing a complaint against a sworn peace officer ~~to~~ must have

3 the complaint supported by a sworn affidavit~~or any other~~

4 ~~legal documentation~~. ~~This ban on an affidavit requirement~~

5 ~~shall apply to any collective bargaining agreements entered~~

6 ~~after the effective date of this provision.~~ Any complaint,

7 having been supported by a sworn affidavit, and having been

8 found, in total or in part, to contain knowingly false

9 material information, shall be presented to the appropriate

10 State's Attorney for a determination of prosecution.

11 (Source: P.A. 97-472, eff. 8-22-11; 101-652.)

12 Section 120. The Uniform Peace Officers' Disciplinary Act

13 is amended by reenacting Section 6 as follows:

14 (50 ILCS 725/6) (from Ch. 85, par. 2567)

15 Sec. 6. Except as otherwise provided in this Act, the

16 provisions of this Act apply only to the extent there is no

17 collective bargaining agreement currently in effect dealing

18 with the subject matter of this Act.

19 (Source: P.A. 100-911, eff. 8-17-18.)

20 (50 ILCS 727/1-35 rep.)

21 Section 125. The Police and Community Relations

22 Improvement Act is amended by repealing Section 1-35.

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1 Section 130. The Counties Code is amended by changing

2 Sections 4-5001, 4-12001, and 4-12001.1 as follows:

3 (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)

4 Sec. 4-5001. Sheriffs; counties of first and second class.

5 The fees of sheriffs in counties of the first and second class,

6 except when increased by county ordinance under this Section,

7 shall be as follows:

8 For serving or attempting to serve summons on each

9 defendant in each county, $10.

10 For serving or attempting to serve an order or judgment

11 granting injunctive relief in each county, $10.

12 For serving or attempting to serve each garnishee in each

13 county, $10.

14 For serving or attempting to serve an order for replevin

15 in each county, $10.

16 For serving or attempting to serve an order for attachment

17 on each defendant in each county, $10.

18 For serving or attempting to serve a warrant of arrest,

19 $8, to be paid upon conviction.

20 For returning a defendant from outside the State of

21 Illinois, upon conviction, the court shall assess, as court

22 costs, the cost of returning a defendant to the jurisdiction.

23 For taking special bail, $1 in each county.

24 For serving or attempting to serve a subpoena on each

25 witness, in each county, $10.

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1 For advertising property for sale, $5.

2 For returning each process, in each county, $5.

3 Mileage for each mile of necessary travel to serve any

4 such process as Stated above, calculating from the place of

5 holding court to the place of residence of the defendant, or

6 witness, 50� each way.

7 For summoning each juror, $3 with 30� mileage each way in

8 all counties.

9 For serving or attempting to serve notice of judgments or

10 levying to enforce a judgment, $3 with 50� mileage each way in

11 all counties.

12 For taking possession of and removing property levied on,

13 the officer shall be allowed to tax the actual cost of such

14 possession or removal.

15 For feeding each prisoner, such compensation to cover the

16 actual cost as may be fixed by the county board, but such

17 compensation shall not be considered a part of the fees of the

18 office.

19 For attending before a court with prisoner, on an order

20 for habeas corpus, in each county, $10 per day.

21 For attending before a court with a prisoner in any

22 criminal proceeding, in each county, $10 per day.

23 For each mile of necessary travel in taking such prisoner

24 before the court as stated above, 15� a mile each way.

25 For serving or attempting to serve an order or judgment

26 for the possession of real estate in an action of ejectment or

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1 in any other action, or for restitution in an eviction action

2 without aid, $10 and when aid is necessary, the sheriff shall

3 be allowed to tax in addition the actual costs thereof, and for

4 each mile of necessary travel, 50� each way.

5 For executing and acknowledging a deed of sale of real

6 estate, in counties of first class, $4; second class, $4.

7 For preparing, executing and acknowledging a deed on

8 redemption from a court sale of real estate in counties of

9 first class, $5; second class, $5.

10 For making certificates of sale, and making and filing

11 duplicate, in counties of first class, $3; in counties of the

12 second class, $3.

13 For making certificate of redemption, $3.

14 For certificate of levy and filing, $3, and the fee for

15 recording shall be advanced by the judgment creditor and

16 charged as costs.

17 For taking all ~~civil~~ bonds on legal process, civil and

18 criminal,in counties of first class, $1; in second class, $1.

19 For executing copies in criminal cases, $4 and mileage for

20 each mile of necessary travel, 20� each way.

21 For executing requisitions from other states, $5.

22 For conveying each prisoner from the prisoner's own county

23 to the jail of another county, or from another county to the

24 jail of the prisoner's county, per mile, for going, only, 30�.

25 For conveying persons to the penitentiary, reformatories,

26 Illinois State Training School for Boys, Illinois State

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1 Training School for Girls and Reception Centers, the following

2 fees, payable out of the State treasury. For each person who is

3 conveyed, 35� per mile in going only to the penitentiary,

4 reformatory, Illinois State Training School for Boys, Illinois

5 State Training School for Girls and Reception Centers, from

6 the place of conviction.

7 The fees provided for transporting persons to the

8 penitentiary, reformatories, Illinois State Training School

9 for Boys, Illinois State Training School for Girls and

10 Reception Centers shall be paid for each trip so made. Mileage

11 as used in this Section means the shortest practical route,

12 between the place from which the person is to be transported,

13 to the penitentiary, reformatories, Illinois State Training

14 School for Boys, Illinois State Training School for Girls and

15 Reception Centers and all fees per mile shall be computed on

16 such basis.

17 For conveying any person to or from any of the charitable

18 institutions of the State, when properly committed by

19 competent authority, when one person is conveyed, 35� per

20 mile; when two persons are conveyed at the same time, 35� per

21 mile for the first person and 20� per mile for the second

22 person; and 10� per mile for each additional person.

23 For conveying a person from the penitentiary to the county

24 jail when required by law, 35� per mile.

25 For attending Supreme Court, $10 per day.

26 In addition to the above fees there shall be allowed to the

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1 sheriff a fee of $600 for the sale of real estate which is made

2 by virtue of any judgment of a court, except that in the case

3 of a sale of unimproved real estate which sells for $10,000 or

4 less, the fee shall be $150. In addition to this fee and all

5 other fees provided by this Section, there shall be allowed to

6 the sheriff a fee in accordance with the following schedule

7 for the sale of personal estate which is made by virtue of any

8 judgment of a court:

9 For judgments up to $1,000, $75;

10 For judgments from $1,001 to $15,000, $150;

11 For judgments over $15,000, $300.

12 The foregoing fees allowed by this Section are the maximum

13 fees that may be collected from any officer, agency,

14 department or other instrumentality of the State. The county

15 board may, however, by ordinance, increase the fees allowed by

16 this Section and collect those increased fees from all persons

17 and entities other than officers, agencies, departments and

18 other instrumentalities of the State if the increase is

19 justified by an acceptable cost study showing that the fees

20 allowed by this Section are not sufficient to cover the costs

21 of providing the service. A statement of the costs of

22 providing each service, program and activity shall be prepared

23 by the county board. All supporting documents shall be public

24 records and subject to public examination and audit. All

25 direct and indirect costs, as defined in the United States

26 Office of Management and Budget Circular A-87, may be included

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1 in the determination of the costs of each service, program and

2 activity.

3 In all cases where the judgment is settled by the parties,

4 replevied, stopped by injunction or paid, or where the

5 property levied upon is not actually sold, the sheriff shall

6 be allowed his fee for levying and mileage, together with half

7 the fee for all money collected by him which he would be

8 entitled to if the same was made by sale to enforce the

9 judgment. In no case shall the fee exceed the amount of money

10 arising from the sale.

11 The fee requirements of this Section do not apply to

12 police departments or other law enforcement agencies. For the

13 purposes of this Section, "law enforcement agency" means an

14 agency of the State or unit of local government which is vested

15 by law or ordinance with the duty to maintain public order and

16 to enforce criminal laws.

17 (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;

18 101-652.)

19 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)

20 Sec. 4-12001. Fees of sheriff in third class counties. The

21 officers herein named, in counties of the third class, shall

22 be entitled to receive the fees herein specified, for the

23 services mentioned and such other fees as may be provided by

24 law for such other services not herein designated.

25 Fees for Sheriff

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1 For serving or attempting to serve any summons on each

2 defendant, $35.

3 For serving or attempting to serve each alias summons or

4 other process mileage will be charged as hereinafter provided

5 when the address for service differs from the address for

6 service on the original summons or other process.

7 For serving or attempting to serve all other process, on

8 each defendant, $35.

9 For serving or attempting to serve a subpoena on each

10 witness, $35.

11 For serving or attempting to serve each warrant, $35.

12 For serving or attempting to serve each garnishee, $35.

13 For summoning each juror, $10.

14 For serving or attempting to serve each order or judgment

15 for replevin, $35.

16 For serving or attempting to serve an order for

17 attachment, on each defendant, $35.

18 For serving or attempting to serve an order or judgment

19 for the possession of real estate in an action of ejectment or

20 in any other action, or for restitution in an eviction action,

21 without aid, $35, and when aid is necessary, the sheriff shall

22 be allowed to tax in addition the actual costs thereof.

23 For serving or attempting to serve notice of judgment,

24 $35.

25 For levying to satisfy an order in an action for

26 attachment, $25.

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1 For executing order of court to seize personal property,

2 $25.

3 For making certificate of levy on real estate and filing

4 or recording same, $8, and the fee for filing or recording

5 shall be advanced by the plaintiff in attachment or by the

6 judgment creditor and taxed as costs. For taking possession of

7 or removing property levied on, the sheriff shall be allowed

8 to tax the necessary actual costs of such possession or

9 removal.

10 For advertising property for sale, $20.

11 For making certificate of sale and making and filing

12 duplicate for record, $15, and the fee for recording same

13 shall be advanced by the judgment creditor and taxed as costs.

14 For preparing, executing and acknowledging deed on

15 redemption from a court sale of real estate, $15; for

16 preparing, executing and acknowledging all other deeds on sale

17 of real estate, $10.

18 For making and filing certificate of redemption, $15, and

19 the fee for recording same shall be advanced by party making

20 the redemption and taxed as costs.

21 For making and filing certificate of redemption from a

22 court sale, $11, and the fee for recording same shall be

23 advanced by the party making the redemption and taxed as

24 costs.

25 For taking all bonds on legal process, $10.

26 For taking special bail, $5.

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1 For returning each process, $15.

2 Mileage for service or attempted service of all process is

3 a $10 flat fee.

4 For attending before a court with a prisoner on an order

5 for habeas corpus, $9 per day.

6 For executing requisitions from other States, $13.

7 For conveying each prisoner from the prisoner's county to

8 the jail of another county, per mile for going only, 25�.

9 For committing to or discharging each prisoner from jail,

10 $3.

11 For feeding each prisoner, such compensation to cover

12 actual costs as may be fixed by the county board, but such

13 compensation shall not be considered a part of the fees of the

14 office.

15 For committing each prisoner to jail under the laws of the

16 United States, to be paid by the marshal or other person

17 requiring his confinement, $3.

18 For feeding such prisoners per day, $3, to be paid by the

19 marshal or other person requiring the prisoner's confinement.

20 For discharging such prisoners, $3.

21 For conveying persons to the penitentiary, reformatories,

22 Illinois State Training School for Boys, Illinois State

23 Training School for Girls, Reception Centers and Illinois

24 Security Hospital, the following fees, payable out of the

25 State Treasury. When one person is conveyed, 20� per mile in

26 going to the penitentiary, reformatories, Illinois State

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1 Training School for Boys, Illinois State Training School for

2 Girls, Reception Centers and Illinois Security Hospital from

3 the place of conviction; when 2 persons are conveyed at the

4 same time, 20� per mile for the first and 15� per mile for the

5 second person; when more than 2 persons are conveyed at the

6 same time as Stated above, the sheriff shall be allowed 20� per

7 mile for the first, 15� per mile for the second and 10� per

8 mile for each additional person.

9 The fees provided for herein for transporting persons to

10 the penitentiary, reformatories, Illinois State Training

11 School for Boys, Illinois State Training School for Girls,

12 Reception Centers and Illinois Security Hospital, shall be

13 paid for each trip so made. Mileage as used in this Section

14 means the shortest route on a hard surfaced road, (either

15 State Bond Issue Route or Federal highways) or railroad,

16 whichever is shorter, between the place from which the person

17 is to be transported, to the penitentiary, reformatories,

18 Illinois State Training School for Boys, Illinois State

19 Training School for Girls, Reception Centers and Illinois

20 Security Hospital, and all fees per mile shall be computed on

21 such basis.

22 In addition to the above fees, there shall be allowed to

23 the sheriff a fee of $900 for the sale of real estate which

24 shall be made by virtue of any judgment of a court. In addition

25 to this fee and all other fees provided by this Section, there

26 shall be allowed to the sheriff a fee in accordance with the

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1 following schedule for the sale of personal estate which is

2 made by virtue of any judgment of a court:

3 For judgments up to $1,000, $100;

4 For judgments over $1,000 to $15,000, $300;

5 For judgments over $15,000, $500.

6 In all cases where the judgment is settled by the parties,

7 replevied, stopped by injunction or paid, or where the

8 property levied upon is not actually sold, the sheriff shall

9 be allowed the fee for levying and mileage, together with half

10 the fee for all money collected by him or her which he or she

11 would be entitled to if the same were made by sale in the

12 enforcement of a judgment. In no case shall the fee exceed the

13 amount of money arising from the sale.

14 The fee requirements of this Section do not apply to

15 police departments or other law enforcement agencies. For the

16 purposes of this Section, "law enforcement agency" means an

17 agency of the State or unit of local government which is vested

18 by law or ordinance with the duty to maintain public order and

19 to enforce criminal laws or ordinances.

20 The fee requirements of this Section do not apply to units

21 of local government or school districts.

22 (Source: P.A. 100-173, eff. 1-1-18; 101-652.)

23 (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)

24 Sec. 4-12001.1. Fees of sheriff in third class counties;

25 local governments and school districts. The officers herein

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1 named, in counties of the third class, shall be entitled to

2 receive the fees herein specified from all units of local

3 government and school districts, for the services mentioned

4 and such other fees as may be provided by law for such other

5 services not herein designated.

6 Fees for Sheriff

7 For serving or attempting to serve any summons on each

8 defendant, $25.

9 For serving or attempting to serve each alias summons or

10 other process mileage will be charged as hereinafter provided

11 when the address for service differs from the address for

12 service on the original summons or other process.

13 For serving or attempting to serve all other process, on

14 each defendant, $25.

15 For serving or attempting to serve a subpoena on each

16 witness, $25.

17 For serving or attempting to serve each warrant, $25.

18 For serving or attempting to serve each garnishee, $25.

19 For summoning each juror, $4.

20 For serving or attempting to serve each order or judgment

21 for replevin, $25.

22 For serving or attempting to serve an order for

23 attachment, on each defendant, $25.

24 For serving or attempting to serve an order or judgment

25 for the possession of real estate in an action of ejectment or

26 in any other action, or for restitution in an eviction action,

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1 without aid, $9, and when aid is necessary, the sheriff shall

2 be allowed to tax in addition the actual costs thereof.

3 For serving or attempting to serve notice of judgment,

4 $25.

5 For levying to satisfy an order in an action for

6 attachment, $25.

7 For executing order of court to seize personal property,

8 $25.

9 For making certificate of levy on real estate and filing

10 or recording same, $3, and the fee for filing or recording

11 shall be advanced by the plaintiff in attachment or by the

12 judgment creditor and taxed as costs. For taking possession of

13 or removing property levied on, the sheriff shall be allowed

14 to tax the necessary actual costs of such possession or

15 removal.

16 For advertising property for sale, $3.

17 For making certificate of sale and making and filing

18 duplicate for record, $3, and the fee for recording same shall

19 be advanced by the judgment creditor and taxed as costs.

20 For preparing, executing and acknowledging deed on

21 redemption from a court sale of real estate, $6; for

22 preparing, executing and acknowledging all other deeds on sale

23 of real estate, $4.

24 For making and filing certificate of redemption, $3.50,

25 and the fee for recording same shall be advanced by party

26 making the redemption and taxed as costs.

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1 For making and filing certificate of redemption from a

2 court sale, $4.50, and the fee for recording same shall be

3 advanced by the party making the redemption and taxed as

4 costs.

5 For taking all bonds on legal process, $2.

6 For taking special bail, $2.

7 For returning each process, $5.

8 Mileage for service or attempted service of all process is

9 a $10 flat fee.

10 For attending before a court with a prisoner on an order

11 for habeas corpus, $3.50 per day.

12 For executing requisitions from other States, $5.

13 For conveying each prisoner from the prisoner's county to

14 the jail of another county, per mile for going only, 25�.

15 For committing to or discharging each prisoner from jail,

16 $1.

17 For feeding each prisoner, such compensation to cover

18 actual costs as may be fixed by the county board, but such

19 compensation shall not be considered a part of the fees of the

20 office.

21 For committing each prisoner to jail under the laws of the

22 United States, to be paid by the marshal or other person

23 requiring his confinement, $1.

24 For feeding such prisoners per day, $1, to be paid by the

25 marshal or other person requiring the prisoner's confinement.

26 For discharging such prisoners, $1.

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1 For conveying persons to the penitentiary, reformatories,

2 Illinois State Training School for Boys, Illinois State

3 Training School for Girls, Reception Centers and Illinois

4 Security Hospital, the following fees, payable out of the

5 State Treasury. When one person is conveyed, 15� per mile in

6 going to the penitentiary, reformatories, Illinois State

7 Training School for Boys, Illinois State Training School for

8 Girls, Reception Centers and Illinois Security Hospital from

9 the place of conviction; when 2 persons are conveyed at the

10 same time, 15� per mile for the first and 10� per mile for the

11 second person; when more than 2 persons are conveyed at the

12 same time as stated above, the sheriff shall be allowed 15� per

13 mile for the first, 10� per mile for the second and 5� per mile

14 for each additional person.

15 The fees provided for herein for transporting persons to

16 the penitentiary, reformatories, Illinois State Training

17 School for Boys, Illinois State Training School for Girls,

18 Reception Centers and Illinois Security Hospital, shall be

19 paid for each trip so made. Mileage as used in this Section

20 means the shortest route on a hard surfaced road, (either

21 State Bond Issue Route or Federal highways) or railroad,

22 whichever is shorter, between the place from which the person

23 is to be transported, to the penitentiary, reformatories,

24 Illinois State Training School for Boys, Illinois State

25 Training School for Girls, Reception Centers and Illinois

26 Security Hospital, and all fees per mile shall be computed on

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1 such basis.

2 In addition to the above fees, there shall be allowed to

3 the sheriff a fee of $600 for the sale of real estate which

4 shall be made by virtue of any judgment of a court. In addition

5 to this fee and all other fees provided by this Section, there

6 shall be allowed to the sheriff a fee in accordance with the

7 following schedule for the sale of personal estate which is

8 made by virtue of any judgment of a court:

9 For judgments up to $1,000, $90;

10 For judgments over $1,000 to $15,000, $275;

11 For judgments over $15,000, $400.

12 In all cases where the judgment is settled by the parties,

13 replevied, stopped by injunction or paid, or where the

14 property levied upon is not actually sold, the sheriff shall

15 be allowed the fee for levying and mileage, together with half

16 the fee for all money collected by him or her which he or she

17 would be entitled to if the same were made by sale in the

18 enforcement of a judgment. In no case shall the fee exceed the

19 amount of money arising from the sale.

20 All fees collected under Sections 4-12001 and 4-12001.1

21 must be used for public safety purposes only.

22 (Source: P.A. 100-173, eff. 1-1-18; 101-652.)

23 (55 ILCS 5/3-6041 rep.)

24 Section 135. The Counties Code is amended by repealing

25 Section 3-6041.

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1 (65 ILCS 5/11-5.1-2 rep.)

2 Section 140. The Illinois Municipal Code is amended by

3 repealing Section 11-5.1-2.

4 Section 145. The Illinois Municipal Code is amended by

5 reenacting Section 1-2-12.1 as follows:

6 (65 ILCS 5/1-2-12.1)

7 Sec. 1-2-12.1. Municipal bond fees. A municipality may

8 impose a fee up to $20 for bail processing against any person

9 arrested for violating a bailable municipal ordinance or a

10 State or federal law.

11 (Source: P.A. 97-368, eff. 8-15-11; 101-652, eff. 7-1-21.)

12 Section 150. The Campus Security Enhancement Act of 2008

13 is amended by changing Section 15 as follows:

14 (110 ILCS 12/15)

15 Sec. 15. Arrest reports.

16 (a) When an individual is arrested, the following

17 information must be made available to the news media for

18 inspection and copying:

19 (1) Information that identifies the individual,

20 including the name, age, address, and photograph, when and

21 if available.

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1 (2) Information detailing any charges relating to the

2 arrest.

3 (3) The time and location of the arrest.

4 (4) The name of the investigating or arresting law

5 enforcement agency.

6 (5) If the individual is incarcerated, the ~~conditions~~

7 ~~of pretrial release~~ amount of any bail or bond.

8 (6) If the individual is incarcerated, the time and

9 date that the individual was received, discharged, or

10 transferred from the arresting agency's custody.

11 (b) The information required by this Section must be made

12 available to the news media for inspection and copying as soon

13 as practicable, but in no event shall the time period exceed 72

14 hours from the arrest. The information described in paragraphs

15 (3), (4), (5), and (6) of subsection (a), however, may be

16 withheld if it is determined that disclosure would:

17 (1) interfere with pending or actually and reasonably

18 contemplated law enforcement proceedings conducted by any

19 law enforcement or correctional agency;

20 (2) endanger the life or physical safety of law

21 enforcement or correctional personnel or any other person;

22 or

23 (3) compromise the security of any correctional

24 facility.

25 (c) For the purposes of this Section the term "news media"

26 means personnel of a newspaper or other periodical issued at

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1 regular intervals whether in print or electronic format, a

2 news service whether in print or electronic format, a radio

3 station, a television station, a television network, a

4 community antenna television service, or a person or

5 corporation engaged in making news reels or other motion

6 picture news for public showing.

7 (d) Each law enforcement or correctional agency may charge

8 fees for arrest records, but in no instance may the fee exceed

9 the actual cost of copying and reproduction. The fees may not

10 include the cost of the labor used to reproduce the arrest

11 record.

12 (e) The provisions of this Section do not supersede the

13 confidentiality provisions for arrest records of the Juvenile

14 Court Act of 1987.

15 (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;

16 92-335, eff. 8-10-01; 101-652.)

17 Section 155. The Illinois Insurance Code is amended by

18 changing Sections 143.19, 143.19.1, and 205 as follows:

19 (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)

20 Sec. 143.19. Cancellation of automobile insurance policy;

21 grounds. After a policy of automobile insurance as defined in

22 Section 143.13(a) has been effective for 60 days, or if such

23 policy is a renewal policy, the insurer shall not exercise its

24 option to cancel such policy except for one or more of the

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1 following reasons:

2 a. Nonpayment of premium;

3 b. The policy was obtained through a material

4 misrepresentation;

5 c. Any insured violated any of the terms and

6 conditions of the policy;

7 d. The named insured failed to disclose fully his

8 motor vehicle accidents and moving traffic violations for

9 the preceding 36 months if called for in the application;

10 e. Any insured made a false or fraudulent claim or

11 knowingly aided or abetted another in the presentation of

12 such a claim;

13 f. The named insured or any other operator who either

14 resides in the same household or customarily operates an

15 automobile insured under such policy:

16 1. has, within the 12 months prior to the notice of

17 cancellation, had his driver's license under

18 suspension or revocation;

19 2. is or becomes subject to epilepsy or heart

20 attacks, and such individual does not produce a

21 certificate from a physician testifying to his

22 unqualified ability to operate a motor vehicle safely;

23 3. has an accident record, conviction record

24 (criminal or traffic), physical, or mental condition

25 which is such that his operation of an automobile

26 might endanger the public safety;

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1 4. has, within the 36 months prior to the notice of

2 cancellation, been addicted to the use of narcotics or

3 other drugs; or

4 5. has been convicted, or ~~violated conditions of~~

5 ~~pretrial release~~ forfeited bail, during the 36 months

6 immediately preceding the notice of cancellation, for

7 any felony, criminal negligence resulting in death,

8 homicide or assault arising out of the operation of a

9 motor vehicle, operating a motor vehicle while in an

10 intoxicated condition or while under the influence of

11 drugs, being intoxicated while in, or about, an

12 automobile or while having custody of an automobile,

13 leaving the scene of an accident without stopping to

14 report, theft or unlawful taking of a motor vehicle,

15 making false statements in an application for an

16 operator's or chauffeur's license or has been

17 convicted or ~~pretrial release has been revoked~~

18 forfeited bailfor 3 or more violations within the 12

19 months immediately preceding the notice of

20 cancellation, of any law, ordinance, or regulation

21 limiting the speed of motor vehicles or any of the

22 provisions of the motor vehicle laws of any state,

23 violation of which constitutes a misdemeanor, whether

24 or not the violations were repetitions of the same

25 offense or different offenses;

26 g. The insured automobile is:

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1 1. so mechanically defective that its operation

2 might endanger public safety;

3 2. used in carrying passengers for hire or

4 compensation (the use of an automobile for a car pool

5 shall not be considered use of an automobile for hire

6 or compensation);

7 3. used in the business of transportation of

8 flammables or explosives;

9 4. an authorized emergency vehicle;

10 5. changed in shape or condition during the policy

11 period so as to increase the risk substantially; or

12 6. subject to an inspection law and has not been

13 inspected or, if inspected, has failed to qualify.

14 Nothing in this Section shall apply to nonrenewal.

15 (Source: P.A. 100-201, eff. 8-18-17; 101-652.)

16 (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)

17 Sec. 143.19.1. Limits on exercise of right of nonrenewal.

18 After a policy of automobile insurance, as defined in Section

19 143.13, has been effective or renewed for 5 or more years, the

20 company shall not exercise its right of non-renewal unless:

21 a. The policy was obtained through a material

22 misrepresentation; or

23 b. Any insured violated any of the terms and conditions of

24 the policy; or

25 c. The named insured failed to disclose fully his motor

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1 vehicle accidents and moving traffic violations for the

2 preceding 36 months, if such information is called for in the

3 application; or

4 d. Any insured made a false or fraudulent claim or

5 knowingly aided or abetted another in the presentation of such

6 a claim; or

7 e. The named insured or any other operator who either

8 resides in the same household or customarily operates an

9 automobile insured under such a policy:

10 1. Has, within the 12 months prior to the notice of

11 non-renewal had his drivers license under suspension or

12 revocation; or

13 2. Is or becomes subject to epilepsy or heart attacks,

14 and such individual does not produce a certificate from a

15 physician testifying to his unqualified ability to operate

16 a motor vehicle safely; or

17 3. Has an accident record, conviction record (criminal

18 or traffic), or a physical or mental condition which is

19 such that his operation of an automobile might endanger

20 the public safety; or

21 4. Has, within the 36 months prior to the notice of

22 non-renewal, been addicted to the use of narcotics or

23 other drugs; or

24 5. Has been convicted or ~~pretrial release has been~~

25 ~~revoked~~ forfeited bail, during the 36 months immediately

26 preceding the notice of non-renewal, for any felony,

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1 criminal negligence resulting in death, homicide or

2 assault arising out of the operation of a motor vehicle,

3 operating a motor vehicle while in an intoxicated

4 condition or while under the influence of drugs, being

5 intoxicated while in or about an automobile or while

6 having custody of an automobile, leaving the scene of an

7 accident without stopping to report, theft or unlawful

8 taking of a motor vehicle, making false statements in an

9 application for an operators or chauffeurs license, or has

10 been convicted or ~~pretrial release has been revoked~~

11 forfeited bailfor 3 or more violations within the 12

12 months immediately preceding the notice of non-renewal, of

13 any law, ordinance or regulation limiting the speed of

14 motor vehicles or any of the provisions of the motor

15 vehicle laws of any state, violation of which constitutes

16 a misdemeanor, whether or not the violations were

17 repetitions of the same offense or different offenses; or

18 f. The insured automobile is:

19 1. So mechanically defective that its operation might

20 endanger public safety; or

21 2. Used in carrying passengers for hire or

22 compensation (the use of an automobile for a car pool

23 shall not be considered use of an automobile for hire or

24 compensation); or

25 3. Used in the business of transportation of

26 flammables or explosives; or

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1 4. An authorized emergency vehicle; or

2 5. Changed in shape or condition during the policy

3 period so as to increase the risk substantially; or

4 6. Subject to an inspection law and it has not been

5 inspected or, if inspected, has failed to qualify; or

6 g. The notice of the intention not to renew is mailed to

7 the insured at least 60 days before the date of nonrenewal as

8 provided in Section 143.17.

9 (Source: P.A. 89-669, eff. 1-1-97; 101-652.)

10 (215 ILCS 5/205) (from Ch. 73, par. 817)

11 Sec. 205. Priority of distribution of general assets.

12 (1) The priorities of distribution of general assets from

13 the company's estate is to be as follows:

14 (a) The costs and expenses of administration,

15 including, but not limited to, the following:

16 (i) The reasonable expenses of the Illinois

17 Insurance Guaranty Fund, the Illinois Life and Health

18 Insurance Guaranty Association, and the Illinois

19 Health Maintenance Organization Guaranty Association

20 and of any similar organization in any other state,

21 including overhead, salaries, and other general

22 administrative expenses allocable to the receivership

23 (administrative and claims handling expenses and

24 expenses in connection with arrangements for ongoing

25 coverage), but excluding expenses incurred in the

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1 performance of duties under Section 547 or similar

2 duties under the statute governing a similar

3 organization in another state. For property and

4 casualty insurance guaranty associations that guaranty

5 certain obligations of any member company as defined

6 by Section 534.5, expenses shall include, but not be

7 limited to, loss adjustment expenses, which shall

8 include adjusting and other expenses and defense and

9 cost containment expenses. The expenses of such

10 property and casualty guaranty associations, including

11 the Illinois Insurance Guaranty Fund, shall be

12 reimbursed as prescribed by Section 545, but shall be

13 subordinate to all other costs and expenses of

14 administration, including the expenses reimbursed

15 pursuant to subparagraph (ii) of this paragraph (a).

16 (ii) The expenses expressly approved or ratified

17 by the Director as liquidator or rehabilitator,

18 including, but not limited to, the following:

19 (1) the actual and necessary costs of

20 preserving or recovering the property of the

21 insurer;

22 (2) reasonable compensation for all services

23 rendered on behalf of the administrative

24 supervisor or receiver;

25 (3) any necessary filing fees;

26 (4) the fees and mileage payable to witnesses;

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1 (5) unsecured loans obtained by the receiver;

2 and

3 (6) expenses approved by the conservator or

4 rehabilitator of the insurer, if any, incurred in the

5 course of the conservation or rehabilitation that are

6 unpaid at the time of the entry of the order of

7 liquidation.

8 Any unsecured loan falling under item (5) of

9 subparagraph (ii) of this paragraph (a) shall have

10 priority over all other costs and expenses of

11 administration, unless the lender agrees otherwise. Absent

12 agreement to the contrary, all other costs and expenses of

13 administration shall be shared on a pro-rata basis, except

14 for the expenses of property and casualty guaranty

15 associations, which shall have a lower priority pursuant

16 to subparagraph (i) of this paragraph (a).

17 (b) Secured claims, including claims for taxes and

18 debts due the federal or any state or local government,

19 that are secured by liens perfected prior to the filing of

20 the complaint.

21 (c) Claims for wages actually owing to employees for

22 services rendered within 3 months prior to the date of the

23 filing of the complaint, not exceeding $1,000 to each

24 employee unless there are claims due the federal

25 government under paragraph (f), then the claims for wages

26 shall have a priority of distribution immediately

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1 following that of federal claims under paragraph (f) and

2 immediately preceding claims of general creditors under

3 paragraph (g).

4 (d) Claims by policyholders, beneficiaries, and

5 insureds, under insurance policies, annuity contracts, and

6 funding agreements, liability claims against insureds

7 covered under insurance policies and insurance contracts

8 issued by the company, claims of obligees (and, subject to

9 the discretion of the receiver, completion contractors)

10 under surety bonds and surety undertakings (not to include

11 bail bonds, mortgage or financial guaranty, or other forms

12 of insurance offering protection against investment risk),

13 claims by principals under surety bonds and surety

14 undertakings for wrongful dissipation of collateral by the

15 insurer or its agents, and claims incurred during any

16 extension of coverage provided under subsection (5) of

17 Section 193, and claims of the Illinois Insurance Guaranty

18 Fund, the Illinois Life and Health Insurance Guaranty

19 Association, the Illinois Health Maintenance Organization

20 Guaranty Association, and any similar organization in

21 another state as prescribed in Section 545. For purposes

22 of this Section, "funding agreement" means an agreement

23 whereby an insurer authorized to write business under

24 Class 1 of Section 4 of this Code may accept and accumulate

25 funds and make one or more payments at future dates in

26 amounts that are not based upon mortality or morbidity

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1 contingencies.

2 (e) Claims by policyholders, beneficiaries, and

3 insureds, the allowed values of which were determined by

4 estimation under paragraph (b) of subsection (4) of

5 Section 209.

6 (f) Any other claims due the federal government.

7 (g) All other claims of general creditors not falling

8 within any other priority under this Section including

9 claims for taxes and debts due any state or local

10 government which are not secured claims and claims for

11 attorneys' fees incurred by the company in contesting its

12 conservation, rehabilitation, or liquidation.

13 (h) Claims of guaranty fund certificate holders,

14 guaranty capital shareholders, capital note holders, and

15 surplus note holders.

16 (i) Proprietary claims of shareholders, members, or

17 other owners.

18 Every claim under a written agreement, statute, or rule

19 providing that the assets in a separate account are not

20 chargeable with the liabilities arising out of any other

21 business of the insurer shall be satisfied out of the funded

22 assets in the separate account equal to, but not to exceed, the

23 reserves maintained in the separate account under the separate

24 account agreement, and to the extent, if any, the claim is not

25 fully discharged thereby, the remainder of the claim shall be

26 treated as a priority level (d) claim under paragraph (d) of

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1 this subsection to the extent that reserves have been

2 established in the insurer's general account pursuant to

3 statute, rule, or the separate account agreement.

4 For purposes of this provision, "separate account

5 policies, contracts, or agreements" means any policies,

6 contracts, or agreements that provide for separate accounts as

7 contemplated by Section 245.21.

8 To the extent that any assets of an insurer, other than

9 those assets properly allocated to and maintained in a

10 separate account, have been used to fund or pay any expenses,

11 taxes, or policyholder benefits that are attributable to a

12 separate account policy, contract, or agreement that should

13 have been paid by a separate account prior to the commencement

14 of receivership proceedings, then upon the commencement of

15 receivership proceedings, the separate accounts that benefited

16 from this payment or funding shall first be used to repay or

17 reimburse the company's general assets or account for any

18 unreimbursed net sums due at the commencement of receivership

19 proceedings prior to the application of the separate account

20 assets to the satisfaction of liabilities or the corresponding

21 separate account policies, contracts, and agreements.

22 To the extent, if any, reserves or assets maintained in

23 the separate account are in excess of the amounts needed to

24 satisfy claims under the separate account contracts, the

25 excess shall be treated as part of the general assets of the

26 insurer's estate.

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1 (2) Within 120 days after the issuance of an Order of

2 Liquidation with a finding of insolvency against a domestic

3 company, the Director shall make application to the court

4 requesting authority to disburse funds to the Illinois

5 Insurance Guaranty Fund, the Illinois Life and Health

6 Insurance Guaranty Association, the Illinois Health

7 Maintenance Organization Guaranty Association, and similar

8 organizations in other states from time to time out of the

9 company's marshaled assets as funds become available in

10 amounts equal to disbursements made by the Illinois Insurance

11 Guaranty Fund, the Illinois Life and Health Insurance Guaranty

12 Association, the Illinois Health Maintenance Organization

13 Guaranty Association, and similar organizations in other

14 states for covered claims obligations on the presentation of

15 evidence that such disbursements have been made by the

16 Illinois Insurance Guaranty Fund, the Illinois Life and Health

17 Insurance Guaranty Association, the Illinois Health

18 Maintenance Organization Guaranty Association, and similar

19 organizations in other states.

20 The Director shall establish procedures for the ratable

21 allocation and distribution of disbursements to the Illinois

22 Insurance Guaranty Fund, the Illinois Life and Health

23 Insurance Guaranty Association, the Illinois Health

24 Maintenance Organization Guaranty Association, and similar

25 organizations in other states. In determining the amounts

26 available for disbursement, the Director shall reserve

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1 sufficient assets for the payment of the expenses of

2 administration described in paragraph (1)(a) of this Section.

3 All funds available for disbursement after the establishment

4 of the prescribed reserve shall be promptly distributed. As a

5 condition to receipt of funds in reimbursement of covered

6 claims obligations, the Director shall secure from the

7 Illinois Insurance Guaranty Fund, the Illinois Life and Health

8 Insurance Guaranty Association, the Illinois Health

9 Maintenance Organization Guaranty Association, and each

10 similar organization in other states, an agreement to return

11 to the Director on demand funds previously received as may be

12 required to pay claims of secured creditors and claims falling

13 within the priorities established in paragraphs (a), (b), (c),

14 and (d) of subsection (1) of this Section in accordance with

15 such priorities.

16 (3) The changes made in this Section by this amendatory

17 Act of the 100th General Assembly apply to all liquidation,

18 rehabilitation, or conservation proceedings that are pending

19 on the effective date of this amendatory Act of the 100th

20 General Assembly and to all future liquidation,

21 rehabilitation, or conservation proceedings.

22 (4) The provisions of this Section are severable under

23 Section 1.31 of the Statute on Statutes.

24 (Source: P.A. 100-410, eff. 8-25-17; 101-652.)

25 Section 160. The Illinois Gambling Act is amended by

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1 changing Section 5.1 as follows:

2 (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)

3 Sec. 5.1. Disclosure of records.

4 (a) Notwithstanding any applicable statutory provision to

5 the contrary, the Board shall, on written request from any

6 person, provide information furnished by an applicant or

7 licensee concerning the applicant or licensee, his products,

8 services or gambling enterprises and his business holdings, as

9 follows:

10 (1) The name, business address and business telephone

11 number of any applicant or licensee.

12 (2) An identification of any applicant or licensee

13 including, if an applicant or licensee is not an

14 individual, the names and addresses of all stockholders

15 and directors, if the entity is a corporation; the names

16 and addresses of all members, if the entity is a limited

17 liability company; the names and addresses of all

18 partners, both general and limited, if the entity is a

19 partnership; and the names and addresses of all

20 beneficiaries, if the entity is a trust. If an applicant

21 or licensee has a pending registration statement filed

22 with the Securities and Exchange Commission, only the

23 names of those persons or entities holding interest of 5%

24 or more must be provided.

25 (3) An identification of any business, including, if

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1 applicable, the state of incorporation or registration, in

2 which an applicant or licensee or an applicant's or

3 licensee's spouse or children has an equity interest of

4 more than 1%. If an applicant or licensee is a

5 corporation, partnership or other business entity, the

6 applicant or licensee shall identify any other

7 corporation, partnership or business entity in which it

8 has an equity interest of 1% or more, including, if

9 applicable, the state of incorporation or registration.

10 This information need not be provided by a corporation,

11 partnership or other business entity that has a pending

12 registration statement filed with the Securities and

13 Exchange Commission.

14 (4) Whether an applicant or licensee has been

15 indicted, convicted, pleaded guilty or nolo contendere, or

16 ~~pretrial release has been revoked~~ forfeited bail

17 concerning any criminal offense under the laws of any

18 jurisdiction, either felony or misdemeanor (except for

19 traffic violations), including the date, the name and

20 location of the court, arresting agency and prosecuting

21 agency, the case number, the offense, the disposition and

22 the location and length of incarceration.

23 (5) Whether an applicant or licensee has had any

24 license or certificate issued by a licensing authority in

25 Illinois or any other jurisdiction denied, restricted,

26 suspended, revoked or not renewed and a statement

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1 describing the facts and circumstances concerning the

2 denial, restriction, suspension, revocation or

3 non-renewal, including the licensing authority, the date

4 each such action was taken, and the reason for each such

5 action.

6 (6) Whether an applicant or licensee has ever filed or

7 had filed against it a proceeding in bankruptcy or has

8 ever been involved in any formal process to adjust, defer,

9 suspend or otherwise work out the payment of any debt

10 including the date of filing, the name and location of the

11 court, the case and number of the disposition.

12 (7) Whether an applicant or licensee has filed, or

13 been served with a complaint or other notice filed with

14 any public body, regarding the delinquency in the payment

15 of, or a dispute over the filings concerning the payment

16 of, any tax required under federal, State or local law,

17 including the amount, type of tax, the taxing agency and

18 time periods involved.

19 (8) A statement listing the names and titles of all

20 public officials or officers of any unit of government,

21 and relatives of said public officials or officers who,

22 directly or indirectly, own any financial interest in,

23 have any beneficial interest in, are the creditors of or

24 hold any debt instrument issued by, or hold or have any

25 interest in any contractual or service relationship with,

26 an applicant or licensee.

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1 (9) Whether an applicant or licensee has made,

2 directly or indirectly, any political contribution, or any

3 loans, donations or other payments, to any candidate or

4 office holder, within 5 years from the date of filing the

5 application, including the amount and the method of

6 payment.

7 (10) The name and business telephone number of the

8 counsel representing an applicant or licensee in matters

9 before the Board.

10 (11) A description of any proposed or approved

11 gambling operation, including the type of boat, home dock,

12 or casino or gaming location, expected economic benefit to

13 the community, anticipated or actual number of employees,

14 any statement from an applicant or licensee regarding

15 compliance with federal and State affirmative action

16 guidelines, projected or actual admissions and projected

17 or actual adjusted gross gaming receipts.

18 (12) A description of the product or service to be

19 supplied by an applicant for a supplier's license.

20 (b) Notwithstanding any applicable statutory provision to

21 the contrary, the Board shall, on written request from any

22 person, also provide the following information:

23 (1) The amount of the wagering tax and admission tax

24 paid daily to the State of Illinois by the holder of an

25 owner's license.

26 (2) Whenever the Board finds an applicant for an

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1 owner's license unsuitable for licensing, a copy of the

2 written letter outlining the reasons for the denial.

3 (3) Whenever the Board has refused to grant leave for

4 an applicant to withdraw his application, a copy of the

5 letter outlining the reasons for the refusal.

6 (c) Subject to the above provisions, the Board shall not

7 disclose any information which would be barred by:

8 (1) Section 7 of the Freedom of Information Act; or

9 (2) The statutes, rules, regulations or

10 intergovernmental agreements of any jurisdiction.

11 (d) The Board may assess fees for the copying of

12 information in accordance with Section 6 of the Freedom of

13 Information Act.

14 (Source: P.A. 101-31, eff. 6-28-19; 101-652.)

15 Section 165. The Sexual Assault Survivors Emergency

16 Treatment Act is amended by changing Section 7.5 as follows:

17 (410 ILCS 70/7.5)

18 Sec. 7.5. Prohibition on billing sexual assault survivors

19 directly for certain services; written notice; billing

20 protocols.

21 (a) A hospital, approved pediatric health care facility,

22 health care professional, ambulance provider, laboratory, or

23 pharmacy furnishing medical forensic services, transportation,

24 follow-up healthcare, or medication to a sexual assault

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1 survivor shall not:

2 (1) charge or submit a bill for any portion of the

3 costs of the services, transportation, or medications to

4 the sexual assault survivor, including any insurance

5 deductible, co-pay, co-insurance, denial of claim by an

6 insurer, spenddown, or any other out-of-pocket expense;

7 (2) communicate with, harass, or intimidate the sexual

8 assault survivor for payment of services, including, but

9 not limited to, repeatedly calling or writing to the

10 sexual assault survivor and threatening to refer the

11 matter to a debt collection agency or to an attorney for

12 collection, enforcement, or filing of other process;

13 (3) refer a bill to a collection agency or attorney

14 for collection action against the sexual assault survivor;

15 (4) contact or distribute information to affect the

16 sexual assault survivor's credit rating; or

17 (5) take any other action adverse to the sexual

18 assault survivor or his or her family on account of

19 providing services to the sexual assault survivor.

20 (b) Nothing in this Section precludes a hospital, health

21 care provider, ambulance provider, laboratory, or pharmacy

22 from billing the sexual assault survivor or any applicable

23 health insurance or coverage for inpatient services.

24 (c) Every hospital and approved pediatric health care

25 facility providing treatment services to sexual assault

26 survivors in accordance with a plan approved under Section 2

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1 of this Act shall provide a written notice to a sexual assault

2 survivor. The written notice must include, but is not limited

3 to, the following:

4 (1) a statement that the sexual assault survivor

5 should not be directly billed by any ambulance provider

6 providing transportation services, or by any hospital,

7 approved pediatric health care facility, health care

8 professional, laboratory, or pharmacy for the services the

9 sexual assault survivor received as an outpatient at the

10 hospital or approved pediatric health care facility;

11 (2) a statement that a sexual assault survivor who is

12 admitted to a hospital may be billed for inpatient

13 services provided by a hospital, health care professional,

14 laboratory, or pharmacy;

15 (3) a statement that prior to leaving the hospital or

16 approved pediatric health care facility, the hospital or

17 approved pediatric health care facility will give the

18 sexual assault survivor a sexual assault services voucher

19 for follow-up healthcare if the sexual assault survivor is

20 eligible to receive a sexual assault services voucher;

21 (4) the definition of "follow-up healthcare" as set

22 forth in Section 1a of this Act;

23 (5) a phone number the sexual assault survivor may

24 call should the sexual assault survivor receive a bill

25 from the hospital or approved pediatric health care

26 facility for medical forensic services;

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1 (6) the toll-free phone number of the Office of the

2 Illinois Attorney General, Crime Victim Services Division,

3 which the sexual assault survivor may call should the

4 sexual assault survivor receive a bill from an ambulance

5 provider, approved pediatric health care facility, a

6 health care professional, a laboratory, or a pharmacy.

7 This subsection (c) shall not apply to hospitals that

8 provide transfer services as defined under Section 1a of this

9 Act.

10 (d) Within 60 days after the effective date of this

11 amendatory Act of the 99th General Assembly, every health care

12 professional, except for those employed by a hospital or

13 hospital affiliate, as defined in the Hospital Licensing Act,

14 or those employed by a hospital operated under the University

15 of Illinois Hospital Act, who bills separately for medical or

16 forensic services must develop a billing protocol that ensures

17 that no survivor of sexual assault will be sent a bill for any

18 medical forensic services and submit the billing protocol to

19 the Crime Victim Services Division of the Office of the

20 Attorney General for approval. Within 60 days after the

21 commencement of the provision of medical forensic services,

22 every health care professional, except for those employed by a

23 hospital or hospital affiliate, as defined in the Hospital

24 Licensing Act, or those employed by a hospital operated under

25 the University of Illinois Hospital Act, who bills separately

26 for medical or forensic services must develop a billing

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1 protocol that ensures that no survivor of sexual assault is

2 sent a bill for any medical forensic services and submit the

3 billing protocol to the Crime Victim Services Division of the

4 Office of the Attorney General for approval. Health care

5 professionals who bill as a legal entity may submit a single

6 billing protocol for the billing entity.

7 Within 60 days after the Department's approval of a

8 treatment plan, an approved pediatric health care facility and

9 any health care professional employed by an approved pediatric

10 health care facility must develop a billing protocol that

11 ensures that no survivor of sexual assault is sent a bill for

12 any medical forensic services and submit the billing protocol

13 to the Crime Victim Services Division of the Office of the

14 Attorney General for approval.

15 The billing protocol must include at a minimum:

16 (1) a description of training for persons who prepare

17 bills for medical and forensic services;

18 (2) a written acknowledgement signed by a person who

19 has completed the training that the person will not bill

20 survivors of sexual assault;

21 (3) prohibitions on submitting any bill for any

22 portion of medical forensic services provided to a

23 survivor of sexual assault to a collection agency;

24 (4) prohibitions on taking any action that would

25 adversely affect the credit of the survivor of sexual

26 assault;

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1 (5) the termination of all collection activities if

2 the protocol is violated; and

3 (6) the actions to be taken if a bill is sent to a

4 collection agency or the failure to pay is reported to any

5 credit reporting agency.

6 The Crime Victim Services Division of the Office of the

7 Attorney General may provide a sample acceptable billing

8 protocol upon request.

9 The Office of the Attorney General shall approve a

10 proposed protocol if it finds that the implementation of the

11 protocol would result in no survivor of sexual assault being

12 billed or sent a bill for medical forensic services.

13 If the Office of the Attorney General determines that

14 implementation of the protocol could result in the billing of

15 a survivor of sexual assault for medical forensic services,

16 the Office of the Attorney General shall provide the health

17 care professional or approved pediatric health care facility

18 with a written statement of the deficiencies in the protocol.

19 The health care professional or approved pediatric health care

20 facility shall have 30 days to submit a revised billing

21 protocol addressing the deficiencies to the Office of the

22 Attorney General. The health care professional or approved

23 pediatric health care facility shall implement the protocol

24 upon approval by the Crime Victim Services Division of the

25 Office of the Attorney General.

26 The health care professional or approved pediatric health

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1 care facility shall submit any proposed revision to or

2 modification of an approved billing protocol to the Crime

3 Victim Services Division of the Office of the Attorney General

4 for approval. The health care professional or approved

5 pediatric health care facility shall implement the revised or

6 modified billing protocol upon approval by the Crime Victim

7 Services Division of the Office of the Illinois Attorney

8 General.

9 (e) This Section is effective on and after January 1,

10 2022.

11 (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;

12 102-22, eff. 6-25-21.)

13 Section 170. The Illinois Vehicle Code is amended by

14 changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and

15 16-103 as follows:

16 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)

17 Sec. 6-204. When court to forward license and reports.

18 (a) For the purpose of providing to the Secretary of State

19 the records essential to the performance of the Secretary's

20 duties under this Code to cancel, revoke or suspend the

21 driver's license and privilege to drive motor vehicles of

22 certain minors and of persons found guilty of the criminal

23 offenses or traffic violations which this Code recognizes as

24 evidence relating to unfitness to safely operate motor

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1 vehicles, the following duties are imposed upon public

2 officials:

3 (1) Whenever any person is convicted of any offense

4 for which this Code makes mandatory the cancellation or

5 revocation of the driver's license or permit of such

6 person by the Secretary of State, the judge of the court in

7 which such conviction is had shall require the surrender

8 to the clerk of the court of all driver's licenses or

9 permits then held by the person so convicted, and the

10 clerk of the court shall, within 5 days thereafter,

11 forward the same, together with a report of such

12 conviction, to the Secretary.

13 (2) Whenever any person is convicted of any offense

14 under this Code or similar offenses under a municipal

15 ordinance, other than regulations governing standing,

16 parking or weights of vehicles, and excepting the

17 following enumerated Sections of this Code: Sections

18 11-1406 (obstruction to driver's view or control), 11-1407

19 (improper opening of door into traffic), 11-1410 (coasting

20 on downgrade), 11-1411 (following fire apparatus),

21 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

22 vehicle which is in unsafe condition or improperly

23 equipped), 12-201(a) (daytime lights on motorcycles),

24 12-202 (clearance, identification and side marker lamps),

25 12-204 (lamp or flag on projecting load), 12-205 (failure

26 to display the safety lights required), 12-401

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1 (restrictions as to tire equipment), 12-502 (mirrors),

2 12-503 (windshields must be unobstructed and equipped with

3 wipers), 12-601 (horns and warning devices), 12-602

4 (mufflers, prevention of noise or smoke), 12-603 (seat

5 safety belts), 12-702 (certain vehicles to carry flares or

6 other warning devices), 12-703 (vehicles for oiling roads

7 operated on highways), 12-710 (splash guards and

8 replacements), 13-101 (safety tests), 15-101 (size, weight

9 and load), 15-102 (width), 15-103 (height), 15-104 (name

10 and address on second division vehicles), 15-107 (length

11 of vehicle), 15-109.1 (cover or tarpaulin), 15-111

12 (weights), 15-112 (weights), 15-301 (weights), 15-316

13 (weights), 15-318 (weights), and also excepting the

14 following enumerated Sections of the Chicago Municipal

15 Code: Sections 27-245 (following fire apparatus), 27-254

16 (obstruction of traffic), 27-258 (driving vehicle which is

17 in unsafe condition), 27-259 (coasting on downgrade),

18 27-264 (use of horns and signal devices), 27-265

19 (obstruction to driver's view or driver mechanism), 27-267

20 (dimming of headlights), 27-268 (unattended motor

21 vehicle), 27-272 (illegal funeral procession), 27-273

22 (funeral procession on boulevard), 27-275 (driving freight

23 hauling vehicles on boulevard), 27-276 (stopping and

24 standing of buses or taxicabs), 27-277 (cruising of public

25 passenger vehicles), 27-305 (parallel parking), 27-306

26 (diagonal parking), 27-307 (parking not to obstruct

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1 traffic), 27-308 (stopping, standing or parking

2 regulated), 27-311 (parking regulations), 27-312 (parking

3 regulations), 27-313 (parking regulations), 27-314

4 (parking regulations), 27-315 (parking regulations),

5 27-316 (parking regulations), 27-317 (parking

6 regulations), 27-318 (parking regulations), 27-319

7 (parking regulations), 27-320 (parking regulations),

8 27-321 (parking regulations), 27-322 (parking

9 regulations), 27-324 (loading and unloading at an angle),

10 27-333 (wheel and axle loads), 27-334 (load restrictions

11 in the downtown district), 27-335 (load restrictions in

12 residential areas), 27-338 (width of vehicles), 27-339

13 (height of vehicles), 27-340 (length of vehicles), 27-352

14 (reflectors on trailers), 27-353 (mufflers), 27-354

15 (display of plates), 27-355 (display of city vehicle tax

16 sticker), 27-357 (identification of vehicles), 27-358

17 (projecting of loads), and also excepting the following

18 enumerated paragraphs of Section 2-201 of the Rules and

19 Regulations of the Illinois State Toll Highway Authority:

20 (l) (driving unsafe vehicle on tollway), (m) (vehicles

21 transporting dangerous cargo not properly indicated), it

22 shall be the duty of the clerk of the court in which such

23 conviction is had within 5 days thereafter to forward to

24 the Secretary of State a report of the conviction and the

25 court may recommend the suspension of the driver's license

26 or permit of the person so convicted.

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1 The reporting requirements of this subsection shall

2 apply to all violations stated in paragraphs (1) and (2)

3 of this subsection when the individual has been

4 adjudicated under the Juvenile Court Act or the Juvenile

5 Court Act of 1987. Such reporting requirements shall also

6 apply to individuals adjudicated under the Juvenile Court

7 Act or the Juvenile Court Act of 1987 who have committed a

8 violation of Section 11-501 of this Code, or similar

9 provision of a local ordinance, or Section 9-3 of the

10 Criminal Code of 1961 or the Criminal Code of 2012,

11 relating to the offense of reckless homicide, or Section

12 5-7 of the Snowmobile Registration and Safety Act or

13 Section 5-16 of the Boat Registration and Safety Act,

14 relating to the offense of operating a snowmobile or a

15 watercraft while under the influence of alcohol, other

16 drug or drugs, intoxicating compound or compounds, or

17 combination thereof. These reporting requirements also

18 apply to individuals adjudicated under the Juvenile Court

19 Act of 1987 based on any offense determined to have been

20 committed in furtherance of the criminal activities of an

21 organized gang, as provided in Section 5-710 of that Act,

22 if those activities involved the operation or use of a

23 motor vehicle. It shall be the duty of the clerk of the

24 court in which adjudication is had within 5 days

25 thereafter to forward to the Secretary of State a report

26 of the adjudication and the court order requiring the

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1 Secretary of State to suspend the minor's driver's license

2 and driving privilege for such time as determined by the

3 court, but only until he or she attains the age of 18

4 years. All juvenile court dispositions reported to the

5 Secretary of State under this provision shall be processed

6 by the Secretary of State as if the cases had been

7 adjudicated in traffic or criminal court. However,

8 information reported relative to the offense of reckless

9 homicide, or Section 11-501 of this Code, or a similar

10 provision of a local ordinance, shall be privileged and

11 available only to the Secretary of State, courts, and

12 police officers.

13 The reporting requirements of this subsection (a)

14 apply to all violations listed in paragraphs (1) and (2)

15 of this subsection (a), excluding parking violations, when

16 the driver holds a CLP or CDL, regardless of the type of

17 vehicle in which the violation occurred, or when any

18 driver committed the violation in a commercial motor

19 vehicle as defined in Section 6-500 of this Code.

20 (3) Whenever an order is entered vacating the

21 ~~conditions of pretrial release~~ forfeiture of any bail,

22 security or bond given to secure appearance for any

23 offense under this Code or similar offenses under

24 municipal ordinance, it shall be the duty of the clerk of

25 the court in which such vacation was had or the judge of

26 such court if such court has no clerk, within 5 days

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1 thereafter to forward to the Secretary of State a report

2 of the vacation.

3 (4) A report of any disposition of court supervision

4 for a violation of Sections 6-303, 11-401, 11-501 or a

5 similar provision of a local ordinance, 11-503, 11-504,

6 and 11-506 of this Code, Section 5-7 of the Snowmobile

7 Registration and Safety Act, and Section 5-16 of the Boat

8 Registration and Safety Act shall be forwarded to the

9 Secretary of State. A report of any disposition of court

10 supervision for a violation of an offense defined as a

11 serious traffic violation in this Code or a similar

12 provision of a local ordinance committed by a person under

13 the age of 21 years shall be forwarded to the Secretary of

14 State.

15 (5) Reports of conviction under this Code and

16 sentencing hearings under the Juvenile Court Act of 1987

17 in an electronic format or a computer processible medium

18 shall be forwarded to the Secretary of State via the

19 Supreme Court in the form and format required by the

20 Illinois Supreme Court and established by a written

21 agreement between the Supreme Court and the Secretary of

22 State. In counties with a population over 300,000, instead

23 of forwarding reports to the Supreme Court, reports of

24 conviction under this Code and sentencing hearings under

25 the Juvenile Court Act of 1987 in an electronic format or a

26 computer processible medium may be forwarded to the

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1 Secretary of State by the Circuit Court Clerk in a form and

2 format required by the Secretary of State and established

3 by written agreement between the Circuit Court Clerk and

4 the Secretary of State. Failure to forward the reports of

5 conviction or sentencing hearing under the Juvenile Court

6 Act of 1987 as required by this Section shall be deemed an

7 omission of duty and it shall be the duty of the several

8 State's Attorneys to enforce the requirements of this

9 Section.

10 (b) Whenever a restricted driving permit is forwarded to a

11 court, as a result of confiscation by a police officer

12 pursuant to the authority in Section 6-113(f), it shall be the

13 duty of the clerk, or judge, if the court has no clerk, to

14 forward such restricted driving permit and a facsimile of the

15 officer's citation to the Secretary of State as expeditiously

16 as practicable.

17 (c) For the purposes of this Code, a ~~violation of the~~

18 ~~conditions of pretrial release~~ forfeiture of bail or

19 collateral deposited to secure a defendant's appearance in

20 court when ~~the conditions of pretrial release have~~ forfeiture

21 has not been vacated, or the failure of a defendant to appear

22 for trial after depositing his driver's license in lieu of

23 other bail, shall be equivalent to a conviction.

24 (d) For the purpose of providing the Secretary of State

25 with records necessary to properly monitor and assess driver

26 performance and assist the courts in the proper disposition of

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1 repeat traffic law offenders, the clerk of the court shall

2 forward to the Secretary of State, on a form prescribed by the

3 Secretary, records of a driver's participation in a driver

4 remedial or rehabilitative program which was required, through

5 a court order or court supervision, in relation to the

6 driver's arrest for a violation of Section 11-501 of this Code

7 or a similar provision of a local ordinance. The clerk of the

8 court shall also forward to the Secretary, either on paper or

9 in an electronic format or a computer processible medium as

10 required under paragraph (5) of subsection (a) of this

11 Section, any disposition of court supervision for any traffic

12 violation, excluding those offenses listed in paragraph (2) of

13 subsection (a) of this Section. These reports shall be sent

14 within 5 days after disposition, or, if the driver is referred

15 to a driver remedial or rehabilitative program, within 5 days

16 of the driver's referral to that program. These reports

17 received by the Secretary of State, including those required

18 to be forwarded under paragraph (a)(4), shall be privileged

19 information, available only (i) to the affected driver, (ii)

20 to the parent or guardian of a person under the age of 18 years

21 holding an instruction permit or a graduated driver's license,

22 and (iii) for use by the courts, police officers, prosecuting

23 authorities, the Secretary of State, and the driver licensing

24 administrator of any other state. In accordance with 49 C.F.R.

25 Part 384, all reports of court supervision, except violations

26 related to parking, shall be forwarded to the Secretary of

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1 State for all holders of a CLP or CDL or any driver who commits

2 an offense while driving a commercial motor vehicle. These

3 reports shall be recorded to the driver's record as a

4 conviction for use in the disqualification of the driver's

5 commercial motor vehicle privileges and shall not be

6 privileged information.

7 (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;

8 101-652.)

9 (625 ILCS 5/6-206)

10 Sec. 6-206. Discretionary authority to suspend or revoke

11 license or permit; right to a hearing.

12 (a) The Secretary of State is authorized to suspend or

13 revoke the driving privileges of any person without

14 preliminary hearing upon a showing of the person's records or

15 other sufficient evidence that the person:

16 1. Has committed an offense for which mandatory

17 revocation of a driver's license or permit is required

18 upon conviction;

19 2. Has been convicted of not less than 3 offenses

20 against traffic regulations governing the movement of

21 vehicles committed within any ~~12-month~~ 12 month period. No

22 revocation or suspension shall be entered more than 6

23 months after the date of last conviction;

24 3. Has been repeatedly involved as a driver in motor

25 vehicle collisions or has been repeatedly convicted of

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1 offenses against laws and ordinances regulating the

2 movement of traffic, to a degree that indicates lack of

3 ability to exercise ordinary and reasonable care in the

4 safe operation of a motor vehicle or disrespect for the

5 traffic laws and the safety of other persons upon the

6 highway;

7 4. Has by the unlawful operation of a motor vehicle

8 caused or contributed to an accident resulting in injury

9 requiring immediate professional treatment in a medical

10 facility or doctor's office to any person, except that any

11 suspension or revocation imposed by the Secretary of State

12 under the provisions of this subsection shall start no

13 later than 6 months after being convicted of violating a

14 law or ordinance regulating the movement of traffic, which

15 violation is related to the accident, or shall start not

16 more than one year after the date of the accident,

17 whichever date occurs later;

18 5. Has permitted an unlawful or fraudulent use of a

19 driver's license, identification card, or permit;

20 6. Has been lawfully convicted of an offense or

21 offenses in another state, including the authorization

22 contained in Section 6-203.1, which if committed within

23 this State would be grounds for suspension or revocation;

24 7. Has refused or failed to submit to an examination

25 provided for by Section 6-207 or has failed to pass the

26 examination;

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1 8. Is ineligible for a driver's license or permit

2 under the provisions of Section 6-103;

3 9. Has made a false statement or knowingly concealed a

4 material fact or has used false information or

5 identification in any application for a license,

6 identification card, or permit;

7 10. Has possessed, displayed, or attempted to

8 fraudulently use any license, identification card, or

9 permit not issued to the person;

10 11. Has operated a motor vehicle upon a highway of

11 this State when the person's driving privilege or

12 privilege to obtain a driver's license or permit was

13 revoked or suspended unless the operation was authorized

14 by a monitoring device driving permit, judicial driving

15 permit issued prior to January 1, 2009, probationary

16 license to drive, or restricted driving permit issued

17 under this Code;

18 12. Has submitted to any portion of the application

19 process for another person or has obtained the services of

20 another person to submit to any portion of the application

21 process for the purpose of obtaining a license,

22 identification card, or permit for some other person;

23 13. Has operated a motor vehicle upon a highway of

24 this State when the person's driver's license or permit

25 was invalid under the provisions of Sections 6-107.1 and

26 6-110;

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1 14. Has committed a violation of Section 6-301,

2 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

3 14B of the Illinois Identification Card Act;

4 15. Has been convicted of violating Section 21-2 of

5 the Criminal Code of 1961 or the Criminal Code of 2012

6 relating to criminal trespass to vehicles if the person

7 exercised actual physical control over the vehicle during

8 the commission of the offense, in which case the

9 suspension shall be for one year;

10 16. Has been convicted of violating Section 11-204 of

11 this Code relating to fleeing from a peace officer;

12 17. Has refused to submit to a test, or tests, as

13 required under Section 11-501.1 of this Code and the

14 person has not sought a hearing as provided for in Section

15 11-501.1;

16 18. (Blank);

17 19. Has committed a violation of paragraph (a) or (b)

18 of Section 6-101 relating to driving without a driver's

19 license;

20 20. Has been convicted of violating Section 6-104

21 relating to classification of driver's license;

22 21. Has been convicted of violating Section 11-402 of

23 this Code relating to leaving the scene of an accident

24 resulting in damage to a vehicle in excess of $1,000, in

25 which case the suspension shall be for one year;

26 22. Has used a motor vehicle in violating paragraph

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1 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

2 the Criminal Code of 1961 or the Criminal Code of 2012

3 relating to unlawful use of weapons, in which case the

4 suspension shall be for one year;

5 23. Has, as a driver, been convicted of committing a

6 violation of paragraph (a) of Section 11-502 of this Code

7 for a second or subsequent time within one year of a

8 similar violation;

9 24. Has been convicted by a court-martial or punished

10 by non-judicial punishment by military authorities of the

11 United States at a military installation in Illinois or in

12 another state of or for a ~~traffic-related~~ traffic related

13 offense that is the same as or similar to an offense

14 specified under Section 6-205 or 6-206 of this Code;

15 25. Has permitted any form of identification to be

16 used by another in the application process in order to

17 obtain or attempt to obtain a license, identification

18 card, or permit;

19 26. Has altered or attempted to alter a license or has

20 possessed an altered license, identification card, or

21 permit;

22 27. (Blank);

23 28. Has been convicted for a first time of the illegal

24 possession, while operating or in actual physical control,

25 as a driver, of a motor vehicle, of any controlled

26 substance prohibited under the Illinois Controlled

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1 Substances Act, any cannabis prohibited under the Cannabis

2 Control Act, or any methamphetamine prohibited under the

3 Methamphetamine Control and Community Protection Act, in

4 which case the person's driving privileges shall be

5 suspended for one year. Any defendant found guilty of this

6 offense while operating a motor vehicle,shall have an

7 entry made in the court record by the presiding judge that

8 this offense did occur while the defendant was operating a

9 motor vehicle and order the clerk of the court to report

10 the violation to the Secretary of State;

11 29. Has been convicted of the following offenses that

12 were committed while the person was operating or in actual

13 physical control, as a driver, of a motor vehicle:

14 criminal sexual assault, predatory criminal sexual assault

15 of a child, aggravated criminal sexual assault, criminal

16 sexual abuse, aggravated criminal sexual abuse, juvenile

17 pimping, soliciting for a juvenile prostitute, promoting

18 juvenile prostitution as described in subdivision (a)(1),

19 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

20 of 1961 or the Criminal Code of 2012, and the manufacture,

21 sale or delivery of controlled substances or instruments

22 used for illegal drug use or abuse in which case the

23 driver's driving privileges shall be suspended for one

24 year;

25 30. Has been convicted a second or subsequent time for

26 any combination of the offenses named in paragraph 29 of

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1 this subsection, in which case the person's driving

2 privileges shall be suspended for 5 years;

3 31. Has refused to submit to a test as required by

4 Section 11-501.6 of this Code or Section 5-16c of the Boat

5 Registration and Safety Act or has submitted to a test

6 resulting in an alcohol concentration of 0.08 or more or

7 any amount of a drug, substance, or compound resulting

8 from the unlawful use or consumption of cannabis as listed

9 in the Cannabis Control Act, a controlled substance as

10 listed in the Illinois Controlled Substances Act, an

11 intoxicating compound as listed in the Use of Intoxicating

12 Compounds Act, or methamphetamine as listed in the

13 Methamphetamine Control and Community Protection Act, in

14 which case the penalty shall be as prescribed in Section

15 6-208.1;

16 32. Has been convicted of Section 24-1.2 of the

17 Criminal Code of 1961 or the Criminal Code of 2012

18 relating to the aggravated discharge of a firearm if the

19 offender was located in a motor vehicle at the time the

20 firearm was discharged, in which case the suspension shall

21 be for 3 years;

22 33. Has as a driver, who was less than 21 years of age

23 on the date of the offense, been convicted a first time of

24 a violation of paragraph (a) of Section 11-502 of this

25 Code or a similar provision of a local ordinance;

26 34. Has committed a violation of Section 11-1301.5 of

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1 this Code or a similar provision of a local ordinance;

2 35. Has committed a violation of Section 11-1301.6 of

3 this Code or a similar provision of a local ordinance;

4 36. Is under the age of 21 years at the time of arrest

5 and has been convicted of not less than 2 offenses against

6 traffic regulations governing the movement of vehicles

7 committed within any ~~24-month~~ 24 month period. No

8 revocation or suspension shall be entered more than 6

9 months after the date of last conviction;

10 37. Has committed a violation of subsection (c) of

11 Section 11-907 of this Code that resulted in damage to the

12 property of another or the death or injury of another;

13 38. Has been convicted of a violation of Section 6-20

14 of the Liquor Control Act of 1934 or a similar provision of

15 a local ordinance and the person was an occupant of a motor

16 vehicle at the time of the violation;

17 39. Has committed a second or subsequent violation of

18 Section 11-1201 of this Code;

19 40. Has committed a violation of subsection (a-1) of

20 Section 11-908 of this Code;

21 41. Has committed a second or subsequent violation of

22 Section 11-605.1 of this Code, a similar provision of a

23 local ordinance, or a similar violation in any other state

24 within 2 years of the date of the previous violation, in

25 which case the suspension shall be for 90 days;

26 42. Has committed a violation of subsection (a-1) of

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1 Section 11-1301.3 of this Code or a similar provision of a

2 local ordinance;

3 43. Has received a disposition of court supervision

4 for a violation of subsection (a), (d), or (e) of Section

5 6-20 of the Liquor Control Act of 1934 or a similar

6 provision of a local ordinance and the person was an

7 occupant of a motor vehicle at the time of the violation,

8 in which case the suspension shall be for a period of 3

9 months;

10 44. Is under the age of 21 years at the time of arrest

11 and has been convicted of an offense against traffic

12 regulations governing the movement of vehicles after

13 having previously had his or her driving privileges

14 suspended or revoked pursuant to subparagraph 36 of this

15 Section;

16 45. Has, in connection with or during the course of a

17 formal hearing conducted under Section 2-118 of this Code:

18 (i) committed perjury; (ii) submitted fraudulent or

19 falsified documents; (iii) submitted documents that have

20 been materially altered; or (iv) submitted, as his or her

21 own, documents that were in fact prepared or composed for

22 another person;

23 46. Has committed a violation of subsection (j) of

24 Section 3-413 of this Code;

25 47. Has committed a violation of subsection (a) of

26 Section 11-502.1 of this Code;

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1 48. Has submitted a falsified or altered medical

2 examiner's certificate to the Secretary of State or

3 provided false information to obtain a medical examiner's

4 certificate;

5 49. Has been convicted of a violation of Section

6 11-1002 or 11-1002.5 that resulted in a Type A injury to

7 another, in which case the driving privileges of the

8 person shall be suspended for 12 months; or

9 50. Has committed a violation of subsection (b-5) of

10 Section 12-610.2 that resulted in great bodily harm,

11 permanent disability, or disfigurement, in which case the

12 driving privileges of the person shall be suspended for 12

13 months.~~; or 50~~

14 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

15 and 27 of this subsection, license means any driver's license,

16 any traffic ticket issued when the person's driver's license

17 is deposited in lieu of bail, a suspension notice issued by the

18 Secretary of State, a duplicate or corrected driver's license,

19 a probationary driver's license, or a temporary driver's

20 license.

21 (b) If any conviction forming the basis of a suspension or

22 revocation authorized under this Section is appealed, the

23 Secretary of State may rescind or withhold the entry of the

24 order of suspension or revocation, as the case may be,

25 provided that a certified copy of a stay order of a court is

26 filed with the Secretary of State. If the conviction is

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1 affirmed on appeal, the date of the conviction shall relate

2 back to the time the original judgment of conviction was

3 entered and the ~~6-month~~ 6 monthlimitation prescribed shall

4 not apply.

5 (c) 1. Upon suspending or revoking the driver's license or

6 permit of any person as authorized in this Section, the

7 Secretary of State shall immediately notify the person in

8 writing of the revocation or suspension. The notice to be

9 deposited in the United States mail, postage prepaid, to the

10 last known address of the person.

11 2. If the Secretary of State suspends the driver's license

12 of a person under subsection 2 of paragraph (a) of this

13 Section, a person's privilege to operate a vehicle as an

14 occupation shall not be suspended, provided an affidavit is

15 properly completed, the appropriate fee received, and a permit

16 issued prior to the effective date of the suspension, unless 5

17 offenses were committed, at least 2 of which occurred while

18 operating a commercial vehicle in connection with the driver's

19 regular occupation. All other driving privileges shall be

20 suspended by the Secretary of State. Any driver prior to

21 operating a vehicle for occupational purposes only must submit

22 the affidavit on forms to be provided by the Secretary of State

23 setting forth the facts of the person's occupation. The

24 affidavit shall also state the number of offenses committed

25 while operating a vehicle in connection with the driver's

26 regular occupation. The affidavit shall be accompanied by the

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1 driver's license. Upon receipt of a properly completed

2 affidavit, the Secretary of State shall issue the driver a

3 permit to operate a vehicle in connection with the driver's

4 regular occupation only. Unless the permit is issued by the

5 Secretary of State prior to the date of suspension, the

6 privilege to drive any motor vehicle shall be suspended as set

7 forth in the notice that was mailed under this Section. If an

8 affidavit is received subsequent to the effective date of this

9 suspension, a permit may be issued for the remainder of the

10 suspension period.

11 The provisions of this subparagraph shall not apply to any

12 driver required to possess a CDL for the purpose of operating a

13 commercial motor vehicle.

14 Any person who falsely states any fact in the affidavit

15 required herein shall be guilty of perjury under Section 6-302

16 and upon conviction thereof shall have all driving privileges

17 revoked without further rights.

18 3. At the conclusion of a hearing under Section 2-118 of

19 this Code, the Secretary of State shall either rescind or

20 continue an order of revocation or shall substitute an order

21 of suspension; or, good cause appearing therefor, rescind,

22 continue, change, or extend the order of suspension. If the

23 Secretary of State does not rescind the order, the Secretary

24 may upon application, to relieve undue hardship (as defined by

25 the rules of the Secretary of State), issue a restricted

26 driving permit granting the privilege of driving a motor

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1 vehicle between the petitioner's residence and petitioner's

2 place of employment or within the scope of the petitioner's

3 ~~employment-related~~ employment relatedduties, or to allow the

4 petitioner to transport himself or herself, or a family member

5 of the petitioner's household to a medical facility, to

6 receive necessary medical care, to allow the petitioner to

7 transport himself or herself to and from alcohol or drug

8 remedial or rehabilitative activity recommended by a licensed

9 service provider, or to allow the petitioner to transport

10 himself or herself or a family member of the petitioner's

11 household to classes, as a student, at an accredited

12 educational institution, or to allow the petitioner to

13 transport children, elderly persons, or persons with

14 disabilities who do not hold driving privileges and are living

15 in the petitioner's household to and from daycare. The

16 petitioner must demonstrate that no alternative means of

17 transportation is reasonably available and that the petitioner

18 will not endanger the public safety or welfare.

19 (A) If a person's license or permit is revoked or

20 suspended due to 2 or more convictions of violating

21 Section 11-501 of this Code or a similar provision of a

22 local ordinance or a similar out-of-state offense, or

23 Section 9-3 of the Criminal Code of 1961 or the Criminal

24 Code of 2012, where the use of alcohol or other drugs is

25 recited as an element of the offense, or a similar

26 out-of-state offense, or a combination of these offenses,

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1 arising out of separate occurrences, that person, if

2 issued a restricted driving permit, may not operate a

3 vehicle unless it has been equipped with an ignition

4 interlock device as defined in Section 1-129.1.

5 (B) If a person's license or permit is revoked or

6 suspended 2 or more times due to any combination of:

7 (i) a single conviction of violating Section

8 11-501 of this Code or a similar provision of a local

9 ordinance or a similar out-of-state offense or Section

10 9-3 of the Criminal Code of 1961 or the Criminal Code

11 of 2012, where the use of alcohol or other drugs is

12 recited as an element of the offense, or a similar

13 out-of-state offense; or

14 (ii) a statutory summary suspension or revocation

15 under Section 11-501.1; or

16 (iii) a suspension under Section 6-203.1;

17 arising out of separate occurrences; that person, if

18 issued a restricted driving permit, may not operate a

19 vehicle unless it has been equipped with an ignition

20 interlock device as defined in Section 1-129.1.

21 (B-5) If a person's license or permit is revoked or

22 suspended due to a conviction for a violation of

23 subparagraph (C) or (F) of paragraph (1) of subsection (d)

24 of Section 11-501 of this Code, or a similar provision of a

25 local ordinance or similar out-of-state offense, that

26 person, if issued a restricted driving permit, may not

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1 operate a vehicle unless it has been equipped with an

2 ignition interlock device as defined in Section 1-129.1.

3 (C) The person issued a permit conditioned upon the

4 use of an ignition interlock device must pay to the

5 Secretary of State DUI Administration Fund an amount not

6 to exceed $30 per month. The Secretary shall establish by

7 rule the amount and the procedures, terms, and conditions

8 relating to these fees.

9 (D) If the restricted driving permit is issued for

10 employment purposes, then the prohibition against

11 operating a motor vehicle that is not equipped with an

12 ignition interlock device does not apply to the operation

13 of an occupational vehicle owned or leased by that

14 person's employer when used solely for employment

15 purposes. For any person who, within a 5-year period, is

16 convicted of a second or subsequent offense under Section

17 11-501 of this Code, or a similar provision of a local

18 ordinance or similar out-of-state offense, this employment

19 exemption does not apply until either a one-year period

20 has elapsed during which that person had his or her

21 driving privileges revoked or a one-year period has

22 elapsed during which that person had a restricted driving

23 permit which required the use of an ignition interlock

24 device on every motor vehicle owned or operated by that

25 person.

26 (E) In each case the Secretary may issue a restricted

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1 driving permit for a period deemed appropriate, except

2 that all permits shall expire no later than 2 years from

3 the date of issuance. A restricted driving permit issued

4 under this Section shall be subject to cancellation,

5 revocation, and suspension by the Secretary of State in

6 like manner and for like cause as a driver's license

7 issued under this Code may be cancelled, revoked, or

8 suspended; except that a conviction upon one or more

9 offenses against laws or ordinances regulating the

10 movement of traffic shall be deemed sufficient cause for

11 the revocation, suspension, or cancellation of a

12 restricted driving permit. The Secretary of State may, as

13 a condition to the issuance of a restricted driving

14 permit, require the applicant to participate in a

15 designated driver remedial or rehabilitative program. The

16 Secretary of State is authorized to cancel a restricted

17 driving permit if the permit holder does not successfully

18 complete the program.

19 (F) A person subject to the provisions of paragraph 4

20 of subsection (b) of Section 6-208 of this Code may make

21 application for a restricted driving permit at a hearing

22 conducted under Section 2-118 of this Code after the

23 expiration of 5 years from the effective date of the most

24 recent revocation or after 5 years from the date of

25 release from a period of imprisonment resulting from a

26 conviction of the most recent offense, whichever is later,

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1 provided the person, in addition to all other requirements

2 of the Secretary, shows by clear and convincing evidence:

3 (i) a minimum of 3 years of uninterrupted

4 abstinence from alcohol and the unlawful use or

5 consumption of cannabis under the Cannabis Control

6 Act, a controlled substance under the Illinois

7 Controlled Substances Act, an intoxicating compound

8 under the Use of Intoxicating Compounds Act, or

9 methamphetamine under the Methamphetamine Control and

10 Community Protection Act; and

11 (ii) the successful completion of any

12 rehabilitative treatment and involvement in any

13 ongoing rehabilitative activity that may be

14 recommended by a properly licensed service provider

15 according to an assessment of the person's alcohol or

16 drug use under Section 11-501.01 of this Code.

17 In determining whether an applicant is eligible for a

18 restricted driving permit under this subparagraph (F), the

19 Secretary may consider any relevant evidence, including,

20 but not limited to, testimony, affidavits, records, and

21 the results of regular alcohol or drug tests. Persons

22 subject to the provisions of paragraph 4 of subsection (b)

23 of Section 6-208 of this Code and who have been convicted

24 of more than one violation of paragraph (3), paragraph

25 (4), or paragraph (5) of subsection (a) of Section 11-501

26 of this Code shall not be eligible to apply for a

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1 restricted driving permit under this subparagraph (F).

2 A restricted driving permit issued under this

3 subparagraph (F) shall provide that the holder may only

4 operate motor vehicles equipped with an ignition interlock

5 device as required under paragraph (2) of subsection (c)

6 of Section 6-205 of this Code and subparagraph (A) of

7 paragraph 3 of subsection (c) of this Section. The

8 Secretary may revoke a restricted driving permit or amend

9 the conditions of a restricted driving permit issued under

10 this subparagraph (F) if the holder operates a vehicle

11 that is not equipped with an ignition interlock device, or

12 for any other reason authorized under this Code.

13 A restricted driving permit issued under this

14 subparagraph (F) shall be revoked, and the holder barred

15 from applying for or being issued a restricted driving

16 permit in the future, if the holder is convicted of a

17 violation of Section 11-501 of this Code, a similar

18 provision of a local ordinance, or a similar offense in

19 another state.

20 (c-3) In the case of a suspension under paragraph 43 of

21 subsection (a), reports received by the Secretary of State

22 under this Section shall, except during the actual time the

23 suspension is in effect, be privileged information and for use

24 only by the courts, police officers, prosecuting authorities,

25 the driver licensing administrator of any other state, the

26 Secretary of State, or the parent or legal guardian of a driver

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1 under the age of 18. However, beginning January 1, 2008, if the

2 person is a CDL holder, the suspension shall also be made

3 available to the driver licensing administrator of any other

4 state, the U.S. Department of Transportation, and the affected

5 driver or motor carrier or prospective motor carrier upon

6 request.

7 (c-4) In the case of a suspension under paragraph 43 of

8 subsection (a), the Secretary of State shall notify the person

9 by mail that his or her driving privileges and driver's

10 license will be suspended one month after the date of the

11 mailing of the notice.

12 (c-5) The Secretary of State may, as a condition of the

13 reissuance of a driver's license or permit to an applicant

14 whose driver's license or permit has been suspended before he

15 or she reached the age of 21 years pursuant to any of the

16 provisions of this Section, require the applicant to

17 participate in a driver remedial education course and be

18 retested under Section 6-109 of this Code.

19 (d) This Section is subject to the provisions of the

20 ~~Driver~~ DriversLicense Compact.

21 (e) The Secretary of State shall not issue a restricted

22 driving permit to a person under the age of 16 years whose

23 driving privileges have been suspended or revoked under any

24 provisions of this Code.

25 (f) In accordance with 49 C.F.R. 384, the Secretary of

26 State may not issue a restricted driving permit for the

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1 operation of a commercial motor vehicle to a person holding a

2 CDL whose driving privileges have been suspended, revoked,

3 cancelled, or disqualified under any provisions of this Code.

4 (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;

5 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.

6 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)

7 (625 ILCS 5/6-308)

8 Sec. 6-308. Procedures for traffic violations.

9 (a) Any person cited for violating this Code or a similar

10 provision of a local ordinance for which a violation is a petty

11 offense as defined by Section 5-1-17 of the Unified Code of

12 Corrections, excluding business offenses as defined by Section

13 5-1-2 of the Unified Code of Corrections or a violation of

14 Section 15-111 or subsection (d) of Section 3-401 of this

15 Code, shall not be required to sign the citation or post bond

16 to secure bail for his or her release. All other provisions of

17 this Code or similar provisions of local ordinances shall be

18 governed by the ~~pretrial release~~ bail provisions of the

19 Illinois Supreme Court Rules when it is not practical or

20 feasible to take the person before a judge to have ~~conditions~~

21 ~~of pretrial release~~ bail set or to avoid undue delay because of

22 the hour or circumstances.

23 (b) Whenever a person fails to appear in court, the court

24 may continue the case for a minimum of 30 days and the clerk of

25 the court shall send notice of the continued court date to the

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1 person's last known address. If the person does not appear in

2 court on or before the continued court date or satisfy the

3 court that the person's appearance in and surrender to the

4 court is impossible for no fault of the person, the court shall

5 enter an order of failure to appear. The clerk of the court

6 shall notify the Secretary of State, on a report prescribed by

7 the Secretary, of the court's order. The Secretary, when

8 notified by the clerk of the court that an order of failure to

9 appear has been entered, shall immediately suspend the

10 person's driver's license, which shall be designated by the

11 Secretary as a Failure to Appear suspension. The Secretary

12 shall not remove the suspension, nor issue any permit or

13 privileges to the person whose license has been suspended,

14 until notified by the ordering court that the person has

15 appeared and resolved the violation. Upon compliance, the

16 clerk of the court shall present the person with a notice of

17 compliance containing the seal of the court, and shall notify

18 the Secretary that the person has appeared and resolved the

19 violation.

20 (c) Illinois Supreme Court Rules shall govern ~~pretrial~~

21 ~~release~~ bail and appearance procedures when a person who is a

22 resident of another state that is not a member of the

23 Nonresident Violator Compact of 1977 is cited for violating

24 this Code or a similar provision of a local ordinance.

25 (Source: P.A. 100-674, eff. 1-1-19; 101-652.)

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1 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)

2 Sec. 6-500. Definitions of words and phrases.

3 Notwithstanding the definitions set forth elsewhere in this

4 Code, for purposes of the Uniform Commercial Driver's License

5 Act (UCDLA), the words and phrases listed below have the

6 meanings ascribed to them as follows:

7 (1) Alcohol. "Alcohol" means any substance containing any

8 form of alcohol, including but not limited to ethanol,

9 methanol, propanol, and isopropanol.

10 (2) Alcohol concentration. "Alcohol concentration" means:

11 (A) the number of grams of alcohol per 210 liters of

12 breath; or

13 (B) the number of grams of alcohol per 100 milliliters

14 of blood; or

15 (C) the number of grams of alcohol per 67 milliliters

16 of urine.

17 Alcohol tests administered within 2 hours of the driver

18 being "stopped or detained" shall be considered that driver's

19 "alcohol concentration" for the purposes of enforcing this

20 UCDLA.

21 (3) (Blank).

22 (4) (Blank).

23 (5) (Blank).

24 (5.3) CDLIS driver record. "CDLIS driver record" means the

25 electronic record of the individual CDL driver's status and

26 history stored by the State-of-Record as part of the

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1 Commercial Driver's License Information System, or CDLIS,

2 established under 49 U.S.C. 31309.

3 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

4 record" or "CDLIS MVR" means a report generated from the CDLIS

5 driver record meeting the requirements for access to CDLIS

6 information and provided by states to users authorized in 49

7 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the

8 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

9 (5.7) Commercial driver's license downgrade. "Commercial

10 driver's license downgrade" or "CDL downgrade" means either:

11 (A) a state allows the driver to change his or her

12 self-certification to interstate, but operating

13 exclusively in transportation or operation excepted from

14 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

15 391.2, 391.68, or 398.3;

16 (B) a state allows the driver to change his or her

17 self-certification to intrastate only, if the driver

18 qualifies under that state's physical qualification

19 requirements for intrastate only;

20 (C) a state allows the driver to change his or her

21 certification to intrastate, but operating exclusively in

22 transportation or operations excepted from all or part of

23 the state driver qualification requirements; or

24 (D) a state removes the CDL privilege from the driver

25 license.

26 (6) Commercial Motor Vehicle.

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1 (A) "Commercial motor vehicle" or "CMV" means a motor

2 vehicle or combination of motor vehicles used in commerce,

3 except those referred to in subdivision (B), designed to

4 transport passengers or property if the motor vehicle:

5 (i) has a gross combination weight rating or gross

6 combination weight of 11,794 kilograms or more (26,001

7 pounds or more), whichever is greater, inclusive of

8 any towed unit with a gross vehicle weight rating or

9 gross vehicle weight of more than 4,536 kilograms

10 (10,000 pounds), whichever is greater; or

11 (i-5) has a gross vehicle weight rating or gross

12 vehicle weight of 11,794 or more kilograms (26,001

13 pounds or more), whichever is greater; or

14 (ii) is designed to transport 16 or more persons,

15 including the driver; or

16 (iii) is of any size and is used in transporting

17 hazardous materials as defined in 49 C.F.R. 383.5.

18 (B) Pursuant to the interpretation of the Commercial

19 Motor Vehicle Safety Act of 1986 by the Federal Highway

20 Administration, the definition of "commercial motor

21 vehicle" does not include:

22 (i) recreational vehicles, when operated primarily

23 for personal use;

24 (ii) vehicles owned by or operated under the

25 direction of the United States Department of Defense

26 or the United States Coast Guard only when operated by

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1 non-civilian personnel. This includes any operator on

2 active military duty; members of the Reserves;

3 National Guard; personnel on part-time training; and

4 National Guard military technicians (civilians who are

5 required to wear military uniforms and are subject to

6 the Code of Military Justice); or

7 (iii) firefighting, police, and other emergency

8 equipment (including, without limitation, equipment

9 owned or operated by a HazMat or technical rescue team

10 authorized by a county board under Section 5-1127 of

11 the Counties Code), with audible and visual signals,

12 owned or operated by or for a governmental entity,

13 which is necessary to the preservation of life or

14 property or the execution of emergency governmental

15 functions which are normally not subject to general

16 traffic rules and regulations.

17 (7) Controlled Substance. "Controlled substance" shall

18 have the same meaning as defined in Section 102 of the Illinois

19 Controlled Substances Act, and shall also include cannabis as

20 defined in Section 3 of the Cannabis Control Act and

21 methamphetamine as defined in Section 10 of the

22 Methamphetamine Control and Community Protection Act.

23 (8) Conviction. "Conviction" means an unvacated

24 adjudication of guilt or a determination that a person has

25 violated or failed to comply with the law in a court of

26 original jurisdiction or by an authorized administrative

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1 tribunal; an unvacated ~~revocation of pretrial release or~~

2 forfeiture of bail or collateral deposited to secure the

3 person's appearance in court; a plea of guilty or nolo

4 contendere accepted by the court; the payment of a fine or

5 court cost regardless of whether the imposition of sentence is

6 deferred and ultimately a judgment dismissing the underlying

7 charge is entered; or a violation of a condition of~~pretrial~~

8 release without bail, regardless of whether or not the penalty

9 is rebated, suspended or probated.

10 (8.5) Day. "Day" means calendar day.

11 (9) (Blank).

12 (10) (Blank).

13 (11) (Blank).

14 (12) (Blank).

15 (13) Driver. "Driver" means any person who drives,

16 operates, or is in physical control of a commercial motor

17 vehicle, any person who is required to hold a CDL, or any

18 person who is a holder of a CDL while operating a

19 non-commercial motor vehicle.

20 (13.5) Driver applicant. "Driver applicant" means an

21 individual who applies to a state or other jurisdiction to

22 obtain, transfer, upgrade, or renew a CDL or to obtain or renew

23 a CLP.

24 (13.8) Electronic device. "Electronic device" includes,

25 but is not limited to, a cellular telephone, personal digital

26 assistant, pager, computer, or any other device used to input,

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1 write, send, receive, or read text.

2 (14) Employee. "Employee" means a person who is employed

3 as a commercial motor vehicle driver. A person who is

4 self-employed as a commercial motor vehicle driver must comply

5 with the requirements of this UCDLA pertaining to employees.

6 An owner-operator on a long-term lease shall be considered an

7 employee.

8 (15) Employer. "Employer" means a person (including the

9 United States, a State or a local authority) who owns or leases

10 a commercial motor vehicle or assigns employees to operate

11 such a vehicle. A person who is self-employed as a commercial

12 motor vehicle driver must comply with the requirements of this

13 UCDLA.

14 (15.1) Endorsement. "Endorsement" means an authorization

15 to an individual's CLP or CDL required to permit the

16 individual to operate certain types of commercial motor

17 vehicles.

18 (15.2) Entry-level driver training. "Entry-level driver

19 training" means the training an entry-level driver receives

20 from an entity listed on the Federal Motor Carrier Safety

21 Administration's Training Provider Registry prior to: (i)

22 taking the CDL skills test required to receive the Class A or

23 Class B CDL for the first time; (ii) taking the CDL skills test

24 required to upgrade to a Class A or Class B CDL; or (iii)

25 taking the CDL skills test required to obtain a passenger or

26 school bus endorsement for the first time or the CDL knowledge

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1 test required to obtain a hazardous materials endorsement for

2 the first time.

3 (15.3) Excepted interstate. "Excepted interstate" means a

4 person who operates or expects to operate in interstate

5 commerce, but engages exclusively in transportation or

6 operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,

7 or 398.3 from all or part of the qualification requirements of

8 49 C.F.R. Part 391 and is not required to obtain a medical

9 examiner's certificate by 49 C.F.R. 391.45.

10 (15.5) Excepted intrastate. "Excepted intrastate" means a

11 person who operates in intrastate commerce but engages

12 exclusively in transportation or operations excepted from all

13 or parts of the state driver qualification requirements.

14 (16) (Blank).

15 (16.5) Fatality. "Fatality" means the death of a person as

16 a result of a motor vehicle accident.

17 (16.7) Foreign commercial driver. "Foreign commercial

18 driver" means a person licensed to operate a commercial motor

19 vehicle by an authority outside the United States, or a

20 citizen of a foreign country who operates a commercial motor

21 vehicle in the United States.

22 (17) Foreign jurisdiction. "Foreign jurisdiction" means a

23 sovereign jurisdiction that does not fall within the

24 definition of "State".

25 (18) (Blank).

26 (19) (Blank).

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1 (20) Hazardous materials. "Hazardous material" means any

2 material that has been designated under 49 U.S.C. 5103 and is

3 required to be placarded under subpart F of 49 C.F.R. part 172

4 or any quantity of a material listed as a select agent or toxin

5 in 42 C.F.R. part 73.

6 (20.5) Imminent Hazard. "Imminent hazard" means the

7 existence of any condition of a vehicle, employee, or

8 commercial motor vehicle operations that substantially

9 increases the likelihood of serious injury or death if not

10 discontinued immediately; or a condition relating to hazardous

11 material that presents a substantial likelihood that death,

12 serious illness, severe personal injury, or a substantial

13 endangerment to health, property, or the environment may occur

14 before the reasonably foreseeable completion date of a formal

15 proceeding begun to lessen the risk of that death, illness,

16 injury or endangerment.

17 (20.6) Issuance. "Issuance" means initial issuance,

18 transfer, renewal, or upgrade of a CLP or CDL and

19 non-domiciled CLP or CDL.

20 (20.7) Issue. "Issue" means initial issuance, transfer,

21 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

22 non-domiciled CDL.

23 (21) Long-term lease. "Long-term lease" means a lease of a

24 commercial motor vehicle by the owner-lessor to a lessee, for

25 a period of more than 29 days.

26 (21.01) Manual transmission. "Manual transmission" means a

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1 transmission utilizing a driver-operated clutch that is

2 activated by a pedal or lever and a gear-shift mechanism

3 operated either by hand or foot including those known as a

4 stick shift, stick, straight drive, or standard transmission.

5 All other transmissions, whether semi-automatic or automatic,

6 shall be considered automatic for the purposes of the

7 standardized restriction code.

8 (21.1) Medical examiner. "Medical examiner" means an

9 individual certified by the Federal Motor Carrier Safety

10 Administration and listed on the National Registry of

11 Certified Medical Examiners in accordance with Federal Motor

12 Carrier Safety Regulations, 49 CFR 390.101 et seq.

13 (21.2) Medical examiner's certificate. "Medical examiner's

14 certificate" means either (1) prior to June 22, 2021, a

15 document prescribed or approved by the Secretary of State that

16 is issued by a medical examiner to a driver to medically

17 qualify him or her to drive; or (2) beginning June 22, 2021, an

18 electronic submission of results of an examination conducted

19 by a medical examiner listed on the National Registry of

20 Certified Medical Examiners to the Federal Motor Carrier

21 Safety Administration of a driver to medically qualify him or

22 her to drive.

23 (21.5) Medical variance. "Medical variance" means a driver

24 has received one of the following from the Federal Motor

25 Carrier Safety Administration which allows the driver to be

26 issued a medical certificate: (1) an exemption letter

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1 permitting operation of a commercial motor vehicle pursuant to

2 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

3 skill performance evaluation (SPE) certificate permitting

4 operation of a commercial motor vehicle pursuant to 49 C.F.R.

5 391.49.

6 (21.7) Mobile telephone. "Mobile telephone" means a mobile

7 communication device that falls under or uses any commercial

8 mobile radio service, as defined in regulations of the Federal

9 Communications Commission, 47 CFR 20.3. It does not include

10 two-way or citizens band radio services.

11 (22) Motor Vehicle. "Motor vehicle" means every vehicle

12 which is self-propelled, and every vehicle which is propelled

13 by electric power obtained from over head trolley wires but

14 not operated upon rails, except vehicles moved solely by human

15 power and motorized wheel chairs.

16 (22.2) Motor vehicle record. "Motor vehicle record" means

17 a report of the driving status and history of a driver

18 generated from the driver record provided to users, such as

19 drivers or employers, and is subject to the provisions of the

20 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

21 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

22 combination of motor vehicles not defined by the term

23 "commercial motor vehicle" or "CMV" in this Section.

24 (22.7) Non-excepted interstate. "Non-excepted interstate"

25 means a person who operates or expects to operate in

26 interstate commerce, is subject to and meets the qualification

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1 requirements under 49 C.F.R. Part 391, and is required to

2 obtain a medical examiner's certificate by 49 C.F.R. 391.45.

3 (22.8) Non-excepted intrastate. "Non-excepted intrastate"

4 means a person who operates only in intrastate commerce and is

5 subject to State driver qualification requirements.

6 (23) Non-domiciled CLP or Non-domiciled CDL.

7 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,

8 respectively, issued by a state or other jurisdiction under

9 either of the following two conditions:

10 (i) to an individual domiciled in a foreign country

11 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.

12 of the Federal Motor Carrier Safety Administration.

13 (ii) to an individual domiciled in another state

14 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

15 of the Federal Motor Carrier Safety Administration.

16 (24) (Blank).

17 (25) (Blank).

18 (25.5) Railroad-Highway Grade Crossing Violation.

19 "Railroad-highway grade crossing violation" means a violation,

20 while operating a commercial motor vehicle, of any of the

21 following:

22 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.

23 (B) Any other similar law or local ordinance of any

24 state relating to railroad-highway grade crossing.

25 (25.7) School Bus. "School bus" means a commercial motor

26 vehicle used to transport pre-primary, primary, or secondary

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1 school students from home to school, from school to home, or to

2 and from school-sponsored events. "School bus" does not

3 include a bus used as a common carrier.

4 (26) Serious Traffic Violation. "Serious traffic

5 violation" means:

6 (A) a conviction when operating a commercial motor

7 vehicle, or when operating a non-CMV while holding a CLP

8 or CDL, of:

9 (i) a violation relating to excessive speeding,

10 involving a single speeding charge of 15 miles per

11 hour or more above the legal speed limit; or

12 (ii) a violation relating to reckless driving; or

13 (iii) a violation of any State law or local

14 ordinance relating to motor vehicle traffic control

15 (other than parking violations) arising in connection

16 with a fatal traffic accident; or

17 (iv) a violation of Section 6-501, relating to

18 having multiple driver's licenses; or

19 (v) a violation of paragraph (a) of Section 6-507,

20 relating to the requirement to have a valid CLP or CDL;

21 or

22 (vi) a violation relating to improper or erratic

23 traffic lane changes; or

24 (vii) a violation relating to following another

25 vehicle too closely; or

26 (viii) a violation relating to texting while

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1 driving; or

2 (ix) a violation relating to the use of a

3 hand-held mobile telephone while driving; or

4 (B) any other similar violation of a law or local

5 ordinance of any state relating to motor vehicle traffic

6 control, other than a parking violation, which the

7 Secretary of State determines by administrative rule to be

8 serious.

9 (27) State. "State" means a state of the United States,

10 the District of Columbia and any province or territory of

11 Canada.

12 (28) (Blank).

13 (29) (Blank).

14 (30) (Blank).

15 (31) (Blank).

16 (32) Texting. "Texting" means manually entering

17 alphanumeric text into, or reading text from, an electronic

18 device.

19 (1) Texting includes, but is not limited to, short

20 message service, emailing, instant messaging, a command or

21 request to access a World Wide Web page, pressing more

22 than a single button to initiate or terminate a voice

23 communication using a mobile telephone, or engaging in any

24 other form of electronic text retrieval or entry for

25 present or future communication.

26 (2) Texting does not include:

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1 (i) inputting, selecting, or reading information

2 on a global positioning system or navigation system;

3 or

4 (ii) pressing a single button to initiate or

5 terminate a voice communication using a mobile

6 telephone; or

7 (iii) using a device capable of performing

8 multiple functions (for example, a fleet management

9 system, dispatching device, smart phone, citizens band

10 radio, or music player) for a purpose that is not

11 otherwise prohibited by Part 392 of the Federal Motor

12 Carrier Safety Regulations.

13 (32.3) Third party skills test examiner. "Third party

14 skills test examiner" means a person employed by a third party

15 tester who is authorized by the State to administer the CDL

16 skills tests specified in 49 C.F.R. Part 383, subparts G and H.

17 (32.5) Third party tester. "Third party tester" means a

18 person (including, but not limited to, another state, a motor

19 carrier, a private driver training facility or other private

20 institution, or a department, agency, or instrumentality of a

21 local government) authorized by the State to employ skills

22 test examiners to administer the CDL skills tests specified in

23 49 C.F.R. Part 383, subparts G and H.

24 (32.7) United States. "United States" means the 50 states

25 and the District of Columbia.

26 (33) Use a hand-held mobile telephone. "Use a hand-held

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1 mobile telephone" means:

2 (1) using at least one hand to hold a mobile telephone

3 to conduct a voice communication;

4 (2) dialing or answering a mobile telephone by

5 pressing more than a single button; or

6 (3) reaching for a mobile telephone in a manner that

7 requires a driver to maneuver so that he or she is no

8 longer in a seated driving position, restrained by a seat

9 belt that is installed in accordance with 49 CFR 393.93

10 and adjusted in accordance with the vehicle manufacturer's

11 instructions.

12 (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;

13 101-652.)

14 (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)

15 Sec. 6-601. Penalties.

16 (a) It is a petty offense for any person to violate any of

17 the provisions of this Chapter unless such violation is by

18 this Code or other law of this State declared to be a

19 misdemeanor or a felony.

20 (b) General penalties. Unless another penalty is in this

21 Code or other laws of this State, every person convicted of a

22 petty offense for the violation of any provision of this

23 Chapter shall be punished by a fine of not more than $500.

24 (c) Unlicensed driving. Except as hereinafter provided a

25 violation of Section 6-101 shall be:

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1 1. A Class A misdemeanor if the person failed to

2 obtain a driver's license or permit after expiration of a

3 period of revocation.

4 2. A Class B misdemeanor if the person has been issued

5 a driver's license or permit, which has expired, and if

6 the period of expiration is greater than one year; or if

7 the person has never been issued a driver's license or

8 permit, or is not qualified to obtain a driver's license

9 or permit because of his age.

10 3. A petty offense if the person has been issued a

11 temporary visitor's driver's license or permit and is

12 unable to provide proof of liability insurance as provided

13 in subsection (d-5) of Section 6-105.1.

14 If a licensee under this Code is convicted of violating

15 Section 6-303 for operating a motor vehicle during a time when

16 such licensee's driver's license was suspended under the

17 provisions of Section 6-306.3 or 6-308, then such act shall be

18 a petty offense (provided the licensee has answered the charge

19 which was the basis of the suspension under Section 6-306.3 or

20 6-308), and there shall be imposed no additional like period

21 of suspension as provided in paragraph (b) of Section 6-303.

22 (d) For violations of this Code or a similar provision of a

23 local ordinance for which a violation is a petty offense as

24 defined by Section 5-1-17 of the Unified Code of Corrections,

25 excluding business offenses as defined by Section 5-1-2 of the

26 Unified Code of Corrections or a violation of Section 15-111

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1 or subsection (d) of Section 3-401 of this Code, if the

2 violation may be satisfied without a court appearance, the

3 violator may, pursuant to Supreme Court Rule, satisfy the case

4 with a written plea of guilty and payment of fines, penalties,

5 and costs ~~as~~ equal to the bail amount established by the

6 Supreme Court for the offense.

7 (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;

8 98-1134, eff. 1-1-15; 101-652.)

9 (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)

10 Sec. 16-103. Arrest outside county where violation

11 committed.

12 Whenever a defendant is arrested upon a warrant charging a

13 violation of this Act in a county other than that in which such

14 warrant was issued, the arresting officer, immediately upon

15 the request of the defendant, shall take such defendant before

16 a circuit judge or associate circuit judge in the county in

17 which the arrest was made who shall admit the defendant to

18 ~~pretrial release~~ bail for his appearance before the court

19 named in the warrant. On ~~setting the conditions of pretrial~~

20 ~~release~~ taking such bail the circuit judge or associate

21 circuit judge shall certify such fact on the warrant and

22 deliver the warrant and ~~conditions of pretrial release~~

23 undertaking of bail or other security, or the drivers license

24 of such defendant if deposited, under the law relating to such

25 licenses, in lieu of such security, to the officer having

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1 charge of the defendant. Such officer shall then immediately

2 discharge the defendant from arrest and without delay deliver

3 such warrant and such~~acknowledgment by the defendant of his~~

4 ~~or her receiving the conditions of pretrial release~~

5 undertaking of bail, or other security or drivers license to

6 the court before which the defendant is required to appear.

7 (Source: P.A. 77-1280; 101-652.)

8 Section 175. The Illinois Vehicle Code is amended by

9 changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,

10 11-208.9, and 11-1201.1 as follows:

11 (625 ILCS 5/6-209.1)

12 Sec. 6-209.1. Restoration of driving privileges;

13 revocation; suspension; cancellation.

14 ~~(a)~~ The Secretary shall rescind the suspension or

15 cancellation of a person's driver's license that has been

16 suspended or canceled before ~~July 1, 2020 (~~the effective date

17 of ~~Public Act 101-623)~~ this amendatory Act of the 101st

18 General Assembly due to:

19 (1) the person being convicted of theft of motor fuel

20 under ~~Section~~ Sections 16-25 or 16K-15 of the Criminal

21 Code of 1961 or the Criminal Code of 2012;

22 (2) the person, since the issuance of the driver's

23 license, being adjudged to be afflicted with or suffering

24 from any mental disability or disease;

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1 (3) a violation of Section 6-16 of the Liquor Control

2 Act of 1934 or a similar provision of a local ordinance;

3 (4) the person being convicted of a violation of

4 Section 6-20 of the Liquor Control Act of 1934 or a similar

5 provision of a local ordinance, if the person presents a

6 certified copy of a court order that includes a finding

7 that the person was not an occupant of a motor vehicle at

8 the time of the violation;

9 (5) the person receiving a disposition of court

10 supervision for a violation of ~~subsection~~ subsections (a),

11 (d), or (e) of Section 6-20 of the Liquor Control Act of

12 1934 or a similar provision of a local ordinance, if the

13 person presents a certified copy of a court order that

14 includes a finding that the person was not an occupant of a

15 motor vehicle at the time of the violation;

16 (6) the person failing to pay any fine or penalty due

17 or owing as a result of 10 or more violations of a

18 municipality's or county's vehicular standing, parking, or

19 compliance regulations established by ordinance under

20 Section 11-208.3 of this Code;

21 (7) the person failing to satisfy any fine or penalty

22 resulting from a final order issued by the ~~Illinois State~~

23 ~~Toll Highway~~ Authority relating directly or indirectly to

24 5 or more toll violations, toll evasions, or both;

25 (8) the person being convicted of a violation of

26 Section 4-102 of this Code, if the person presents a

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1 certified copy of a court order that includes a finding

2 that the person did not exercise actual physical control

3 of the vehicle at the time of the violation; or

4 (9) the person being convicted of criminal trespass to

5 vehicles under Section 21-2 of the Criminal Code of 2012,

6 if the person presents a certified copy of a court order

7 that includes a finding that the person did not exercise

8 actual physical control of the vehicle at the time of the

9 violation.

10 ~~(b) As soon as practicable and no later than July 1, 2021,~~

11 ~~the Secretary shall rescind the suspension, cancellation, or~~

12 ~~prohibition of renewal of a person's driver's license that has~~

13 ~~been suspended, canceled, or whose renewal has been prohibited~~

14 ~~before the effective date of this amendatory Act of the 101st~~

15 ~~General Assembly due to the person having failed to pay any~~

16 ~~fine or penalty for traffic violations, automated traffic law~~

17 ~~enforcement system violations as defined in Sections 11-208.6,~~

18 ~~and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle~~

19 ~~fees.~~

20 (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;

21 102-558, eff. 8-20-21.)

22 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)

23 Sec. 11-208.3. Administrative adjudication of violations

24 of traffic regulations concerning the standing, parking, or

25 condition of vehicles, automated traffic law violations, and

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1 automated speed enforcement system violations.

2 (a) Any municipality or county may provide by ordinance

3 for a system of administrative adjudication of vehicular

4 standing and parking violations and vehicle compliance

5 violations as described in this subsection, automated traffic

6 law violations as defined in Section 11-208.6, 11-208.9, or

7 11-1201.1, and automated speed enforcement system violations

8 as defined in Section 11-208.8. The administrative system

9 shall have as its purpose the fair and efficient enforcement

10 of municipal or county regulations through the administrative

11 adjudication of automated speed enforcement system or

12 automated traffic law violations and violations of municipal

13 or county ordinances regulating the standing and parking of

14 vehicles, the condition and use of vehicle equipment, and the

15 display of municipal or county wheel tax licenses within the

16 municipality's or county's borders. The administrative system

17 shall only have authority to adjudicate civil offenses

18 carrying fines not in excess of $500 or requiring the

19 completion of a traffic education program, or both, that occur

20 after the effective date of the ordinance adopting such a

21 system under this Section. For purposes of this Section,

22 "compliance violation" means a violation of a municipal or

23 county regulation governing the condition or use of equipment

24 on a vehicle or governing the display of a municipal or county

25 wheel tax license.

26 (b) Any ordinance establishing a system of administrative

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1 adjudication under this Section shall provide for:

2 (1) A traffic compliance administrator authorized to

3 adopt, distribute~~,~~and process parking, compliance, and

4 automated speed enforcement system or automated traffic

5 law violation notices and other notices required by this

6 Section, collect money paid as fines and penalties for

7 violation of parking and compliance ordinances and

8 automated speed enforcement system or automated traffic

9 law violations, and operate an administrative adjudication

10 system. The traffic compliance administrator also may make

11 a certified report to the Secretary of State under Section

12 6-306.5.

13 (2) A parking, standing, compliance, automated speed

14 enforcement system, or automated traffic law violation

15 notice that shall specify or include the date, time, and

16 place of violation of a parking, standing, compliance,

17 automated speed enforcement system, or automated traffic

18 law regulation; the particular regulation violated; any

19 requirement to complete a traffic education program; the

20 fine and any penalty that may be assessed for late payment

21 or failure to complete a required traffic education

22 program, or both, when so provided by ordinance; the

23 vehicle make or a photograph of the vehicle; the state

24 registration number of the vehicle; and the identification

25 number of the person issuing the notice. With regard to

26 automated speed enforcement system or automated traffic

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1 law violations, vehicle make shall be specified on the

2 automated speed enforcement system or automated traffic

3 law violation notice if the notice does not include a

4 photograph of the vehicle and the make is available and

5 readily discernible. With regard to municipalities or

6 counties with a population of 1 million or more, it shall

7 be grounds for dismissal of a parking violation if the

8 state registration number or vehicle make specified is

9 incorrect. The violation notice shall state that the

10 completion of any required traffic education program, the

11 payment of any indicated fine, and the payment of any

12 applicable penalty for late payment or failure to complete

13 a required traffic education program, or both, shall

14 operate as a final disposition of the violation. The

15 notice also shall contain information as to the

16 availability of a hearing in which the violation may be

17 contested on its merits. The violation notice shall

18 specify the time and manner in which a hearing may be had.

19 (3) Service of a parking, standing, or compliance

20 violation notice by: (i) affixing the original or a

21 facsimile of the notice to an unlawfully parked or

22 standing vehicle; (ii) handing the notice to the operator

23 of a vehicle if he or she is present; or (iii) mailing the

24 notice to the address of the registered owner or lessee of

25 the cited vehicle as recorded with the Secretary of State

26 or the lessor of the motor vehicle within 30 days after the

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1 Secretary of State or the lessor of the motor vehicle

2 notifies the municipality or county of the identity of the

3 owner or lessee of the vehicle, but not later than 90 days

4 after ~~the~~ date of the violation, except that in the case of

5 a lessee of a motor vehicle, service of a parking,

6 standing, or compliance violation notice may occur no

7 later than 210 days after the violation; and service of an

8 automated speed enforcement system or automated traffic

9 law violation notice by mail to the address of the

10 registered owner or lessee of the cited vehicle as

11 recorded with the Secretary of State or the lessor of the

12 motor vehicle within 30 days after the Secretary of State

13 or the lessor of the motor vehicle notifies the

14 municipality or county of the identity of the owner or

15 lessee of the vehicle, but not later than 90 days after the

16 violation, except that in the case of a lessee of a motor

17 vehicle, service of an automated traffic law violation

18 notice may occur no later than 210 days after the

19 violation. A person authorized by ordinance to issue and

20 serve parking, standing, and compliance violation notices

21 shall certify as to the correctness of the facts entered

22 on the violation notice by signing his or her name to the

23 notice at the time of service or~~,~~ in the case of a notice

24 produced by a computerized device, by signing a single

25 certificate to be kept by the traffic compliance

26 administrator attesting to the correctness of all notices

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1 produced by the device while it was under his or her

2 control. In the case of an automated traffic law

3 violation, the ordinance shall require a determination by

4 a technician employed or contracted by the municipality or

5 county that, based on inspection of recorded images, the

6 motor vehicle was being operated in violation of Section

7 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If

8 the technician determines that the vehicle entered the

9 intersection as part of a funeral procession or in order

10 to yield the right-of-way to an emergency vehicle, a

11 citation shall not be issued. In municipalities with a

12 population of less than 1,000,000 inhabitants and counties

13 with a population of less than 3,000,000 inhabitants, the

14 automated traffic law ordinance shall require that all

15 determinations by a technician that a motor vehicle was

16 being operated in violation of Section 11-208.6, 11-208.9,

17 or 11-1201.1 or a local ordinance must be reviewed and

18 approved by a law enforcement officer or retired law

19 enforcement officer of the municipality or county issuing

20 the violation. In municipalities with a population of

21 1,000,000 or more inhabitants and counties with a

22 population of 3,000,000 or more inhabitants, the automated

23 traffic law ordinance shall require that all

24 determinations by a technician that a motor vehicle was

25 being operated in violation of Section 11-208.6, 11-208.9,

26 or 11-1201.1 or a local ordinance must be reviewed and

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1 approved by a law enforcement officer or retired law

2 enforcement officer of the municipality or county issuing

3 the violation or by an additional ~~fully trained~~

4 fully-trained reviewing technician who is not employed by

5 the contractor who employs the technician who made the

6 initial determination. In the case of an automated speed

7 enforcement system violation, the ordinance shall require

8 a determination by a technician employed by the

9 municipality, based upon an inspection of recorded images,

10 video or other documentation, including documentation of

11 the speed limit and automated speed enforcement signage,

12 and documentation of the inspection, calibration, and

13 certification of the speed equipment, that the vehicle was

14 being operated in violation of Article VI of Chapter 11 of

15 this Code or a similar local ordinance. If the technician

16 determines that the vehicle speed was not determined by a

17 calibrated, certified speed equipment device based upon

18 the speed equipment documentation, or if the vehicle was

19 an emergency vehicle, a citation may not be issued. The

20 automated speed enforcement ordinance shall require that

21 all determinations by a technician that a violation

22 occurred be reviewed and approved by a law enforcement

23 officer or retired law enforcement officer of the

24 municipality issuing the violation or by an additional

25 fully trained reviewing technician who is not employed by

26 the contractor who employs the technician who made the

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1 initial determination. Routine and independent calibration

2 of the speeds produced by automated speed enforcement

3 systems and equipment shall be conducted annually by a

4 qualified technician. Speeds produced by an automated

5 speed enforcement system shall be compared with speeds

6 produced by lidar or other independent equipment. Radar or

7 lidar equipment shall undergo an internal validation test

8 no less frequently than once each week. Qualified

9 technicians shall test ~~loop-based~~ loop based equipment no

10 less frequently than once a year. Radar equipment shall be

11 checked for accuracy by a qualified technician when the

12 unit is serviced, when unusual or suspect readings

13 persist, or when deemed necessary by a reviewing

14 technician. Radar equipment shall be checked with the

15 internal frequency generator and the internal circuit test

16 whenever the radar is turned on. Technicians must be alert

17 for any unusual or suspect readings, and if unusual or

18 suspect readings of a radar unit persist, that unit shall

19 immediately be removed from service and not returned to

20 service until it has been checked by a qualified

21 technician and determined to be functioning properly.

22 Documentation of the annual calibration results, including

23 the equipment tested, test date, technician performing the

24 test, and test results, shall be maintained and available

25 for use in the determination of an automated speed

26 enforcement system violation and issuance of a citation.

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1 The technician performing the calibration and testing of

2 the automated speed enforcement equipment shall be trained

3 and certified in the use of equipment for speed

4 enforcement purposes. Training on the speed enforcement

5 equipment may be conducted by law enforcement, civilian,

6 or manufacturer's personnel and if applicable may be

7 equivalent to the equipment use and operations training

8 included in the Speed Measuring Device Operator Program

9 developed by the National Highway Traffic Safety

10 Administration (NHTSA). The vendor or technician who

11 performs the work shall keep accurate records on each

12 piece of equipment the technician calibrates and tests. As

13 used in this paragraph, "~~fully trained~~ fully-trained

14 reviewing technician" means a person who has received at

15 least 40 hours of supervised training in subjects which

16 shall include image inspection and interpretation, the

17 elements necessary to prove a violation, license plate

18 identification, and traffic safety and management. In all

19 municipalities and counties, the automated speed

20 enforcement system or automated traffic law ordinance

21 shall require that no additional fee shall be charged to

22 the alleged violator for exercising his or her right to an

23 administrative hearing, and persons shall be given at

24 least 25 days following an administrative hearing to pay

25 any civil penalty imposed by a finding that Section

26 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar

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1 local ordinance has been violated. The original or a

2 facsimile of the violation notice or, in the case of a

3 notice produced by a computerized device, a printed record

4 generated by the device showing the facts entered on the

5 notice, shall be retained by the traffic compliance

6 administrator, and shall be a record kept in the ordinary

7 course of business. A parking, standing, compliance,

8 automated speed enforcement system, or automated traffic

9 law violation notice issued, signed~~,~~and served in

10 accordance with this Section, a copy of the notice, or the

11 ~~computer-generated~~ computer generated record shall be

12 prima facie correct and shall be prima facie evidence of

13 the correctness of the facts shown on the notice. The

14 notice, copy, or ~~computer-generated~~computer generated

15 record shall be admissible in any subsequent

16 administrative or legal proceedings.

17 (4) An opportunity for a hearing for the registered

18 owner of the vehicle cited in the parking, standing,

19 compliance, automated speed enforcement system, or

20 automated traffic law violation notice in which the owner

21 may contest the merits of the alleged violation, and

22 during which formal or technical rules of evidence shall

23 not apply; provided, however, that under Section 11-1306

24 of this Code the lessee of a vehicle cited in the violation

25 notice likewise shall be provided an opportunity for a

26 hearing of the same kind afforded the registered owner.

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1 The hearings shall be recorded, and the person conducting

2 the hearing on behalf of the traffic compliance

3 administrator shall be empowered to administer oaths and

4 to secure by subpoena both the attendance and testimony of

5 witnesses and the production of relevant books and papers.

6 Persons appearing at a hearing under this Section may be

7 represented by counsel at their expense. The ordinance may

8 also provide for internal administrative review following

9 the decision of the hearing officer.

10 (5) Service of additional notices, sent by first class

11 United States mail, postage prepaid, to the address of the

12 registered owner of the cited vehicle as recorded with the

13 Secretary of State or, if any notice to that address is

14 returned as undeliverable, to the last known address

15 recorded in a United States Post Office approved database,

16 or, under Section 11-1306 or subsection (p) of Section

17 11-208.6 or 11-208.9, or subsection (p) of Section

18 11-208.8 of this Code, to the lessee of the cited vehicle

19 at the last address known to the lessor of the cited

20 vehicle at the time of lease or, if any notice to that

21 address is returned as undeliverable, to the last known

22 address recorded in a United States Post Office approved

23 database. The service shall be deemed complete as of the

24 date of deposit in the United States mail. The notices

25 shall be in the following sequence and shall include~~,~~ but

26 not be limited to~~,~~ the information specified herein:

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1 (i) A second notice of parking, standing, or

2 compliance violation if the first notice of the

3 violation was issued by affixing the original or a

4 facsimile of the notice to the unlawfully parked

5 vehicle or by handing the notice to the operator. This

6 notice shall specify or include the date and location

7 of the violation cited in the parking, standing, or

8 compliance violation notice, the particular regulation

9 violated, the vehicle make or a photograph of the

10 vehicle, the state registration number of the vehicle,

11 any requirement to complete a traffic education

12 program, the fine and any penalty that may be assessed

13 for late payment or failure to complete a traffic

14 education program, or both, when so provided by

15 ordinance, the availability of a hearing in which the

16 violation may be contested on its merits, and the time

17 and manner in which the hearing may be had. The notice

18 of violation shall also state that failure to complete

19 a required traffic education program, to pay the

20 indicated fine and any applicable penalty, or to

21 appear at a hearing on the merits in the time and

22 manner specified, will result in a final determination

23 of violation liability for the cited violation in the

24 amount of the fine or penalty indicated, and that,

25 upon the occurrence of a final determination of

26 violation liability for the failure, and the

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1 exhaustion of, or failure to exhaust, available

2 administrative or judicial procedures for review, any

3 incomplete traffic education program or any unpaid

4 fine or penalty, or both, will constitute a debt due

5 and owing the municipality or county.

6 (ii) A notice of final determination of parking,

7 standing, compliance, automated speed enforcement

8 system, or automated traffic law violation liability.

9 This notice shall be sent following a final

10 determination of parking, standing, compliance,

11 automated speed enforcement system, or automated

12 traffic law violation liability and the conclusion of

13 judicial review procedures taken under this Section.

14 The notice shall state that the incomplete traffic

15 education program or the unpaid fine or penalty, or

16 both, is a debt due and owing the municipality or

17 county. The notice shall contain warnings that failure

18 to complete any required traffic education program or

19 to pay any fine or penalty due and owing the

20 municipality or county, or both, within the time

21 specified may result in the municipality's or county's

22 filing of a petition in the Circuit Court to have the

23 incomplete traffic education program or unpaid fine or

24 penalty, or both, rendered a judgment as provided by

25 this Section, or, where applicable, may result in

26 suspension of the person's ~~driver's~~ drivers license

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1 for failure to complete a traffic education program.

2 or to pay fines or penalties, or both, for 5 or more

3 automated traffic law violations under Section

4 11-208.6 or 11-208.9 or automated speed enforcement

5 system violations under Section 11-208.8

6 (6) A notice of impending ~~driver's~~ drivers license

7 suspension. This notice shall be sent to the person liable

8 for failure to complete a required traffic education

9 program or to pay any fine or penalty that remains due and

10 owing, or both, on 5 or more unpaid automated speed

11 enforcement system or automated traffic law violations.

12 The notice shall state that failure to complete a required

13 traffic education program or to pay the fine or penalty

14 owing, or both,within 45 days of the notice's date will

15 result in the municipality or county notifying the

16 Secretary of State that the person is eligible for

17 initiation of suspension proceedings under Section 6-306.5

18 of this Code. The notice shall also state that the person

19 may obtain a photostatic copy of an original ticket

20 imposing a fine or penalty by sending a~~self-addressed~~

21 self addressed, stamped envelope to the municipality or

22 county along with a request for the photostatic copy. The

23 notice of impending ~~driver's~~drivers license suspension

24 shall be sent by first class United States mail, postage

25 prepaid, to the address recorded with the Secretary of

26 State or, if any notice to that address is returned as

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1 undeliverable, to the last known address recorded in a

2 United States Post Office approved database.

3 (7) Final determinations of violation liability. A

4 final determination of violation liability shall occur

5 following failure to complete the required traffic

6 education program or to pay the fine or penalty, or both,

7 after a hearing officer's determination of violation

8 liability and the exhaustion of or failure to exhaust any

9 administrative review procedures provided by ordinance.

10 Where a person fails to appear at a hearing to contest the

11 alleged violation in the time and manner specified in a

12 prior mailed notice, the hearing officer's determination

13 of violation liability shall become final: (A) upon denial

14 of a timely petition to set aside that determination, or

15 (B) upon expiration of the period for filing the petition

16 without a filing having been made.

17 (8) A petition to set aside a determination of

18 parking, standing, compliance, automated speed enforcement

19 system, or automated traffic law violation liability that

20 may be filed by a person owing an unpaid fine or penalty. A

21 petition to set aside a determination of liability may

22 also be filed by a person required to complete a traffic

23 education program. The petition shall be filed with and

24 ruled upon by the traffic compliance administrator in the

25 manner and within the time specified by ordinance. The

26 grounds for the petition may be limited to: (A) the person

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1 not having been the owner or lessee of the cited vehicle on

2 the date the violation notice was issued, (B) the person

3 having already completed the required traffic education

4 program or paid the fine or penalty, or both, for the

5 violation in question, and (C) excusable failure to appear

6 at or request a new date for a hearing. With regard to

7 municipalities or counties with a population of 1 million

8 or more, it shall be grounds for dismissal of a parking

9 violation if the state registration number or vehicle

10 make, only if specified in the violation notice, is

11 incorrect. After the determination of parking, standing,

12 compliance, automated speed enforcement system, or

13 automated traffic law violation liability has been set

14 aside upon a showing of just cause, the registered owner

15 shall be provided with a hearing on the merits for that

16 violation.

17 (9) Procedures for non-residents. Procedures by which

18 persons who are not residents of the municipality or

19 county may contest the merits of the alleged violation

20 without attending a hearing.

21 (10) A schedule of civil fines for violations of

22 vehicular standing, parking, compliance, automated speed

23 enforcement system, or automated traffic law regulations

24 enacted by ordinance pursuant to this Section, and a

25 schedule of penalties for late payment of the fines or

26 failure to complete required traffic education programs,

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1 provided, however, that the total amount of the fine and

2 penalty for any one violation shall not exceed $250,

3 except as provided in subsection (c) of Section 11-1301.3

4 of this Code.

5 (11) Other provisions as are necessary and proper to

6 carry into effect the powers granted and purposes stated

7 in this Section.

8 (c) Any municipality or county establishing vehicular

9 standing, parking, compliance, automated speed enforcement

10 system, or automated traffic law regulations under this

11 Section may also provide by ordinance for a program of vehicle

12 immobilization for the purpose of facilitating enforcement of

13 those regulations. The program of vehicle immobilization shall

14 provide for immobilizing any eligible vehicle upon the public

15 way by presence of a restraint in a manner to prevent operation

16 of the vehicle. Any ordinance establishing a program of

17 vehicle immobilization under this Section shall provide:

18 (1) Criteria for the designation of vehicles eligible

19 for immobilization. A vehicle shall be eligible for

20 immobilization when the registered owner of the vehicle

21 has accumulated the number of incomplete traffic education

22 programs or unpaid final determinations of parking,

23 standing, compliance, automated speed enforcement system,

24 or automated traffic law violation liability, or both, as

25 determined by ordinance.

26 (2) A notice of impending vehicle immobilization and a

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1 right to a hearing to challenge the validity of the notice

2 by disproving liability for the incomplete traffic

3 education programs or unpaid final determinations of

4 parking, standing, compliance, automated speed enforcement

5 system, or automated traffic law violation liability, or

6 both, listed on the notice.

7 (3) The right to a prompt hearing after a vehicle has

8 been immobilized or subsequently towed without the

9 completion of the required traffic education program or

10 payment of the outstanding fines and penalties on parking,

11 standing, compliance, automated speed enforcement system,

12 or automated traffic law violations, or both, for which

13 final determinations have been issued. An order issued

14 after the hearing is a final administrative decision

15 within the meaning of Section 3-101 of the Code of Civil

16 Procedure.

17 (4) A post immobilization and post-towing notice

18 advising the registered owner of the vehicle of the right

19 to a hearing to challenge the validity of the impoundment.

20 (d) Judicial review of final determinations of parking,

21 standing, compliance, automated speed enforcement system, or

22 automated traffic law violations and final administrative

23 decisions issued after hearings regarding vehicle

24 immobilization and impoundment made under this Section shall

25 be subject to the provisions of the Administrative Review Law.

26 (e) Any fine, penalty, incomplete traffic education

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1 program, or part of any fine or any penalty remaining unpaid

2 after the exhaustion of, or the failure to exhaust,

3 administrative remedies created under this Section and the

4 conclusion of any judicial review procedures shall be a debt

5 due and owing the municipality or county and, as such, may be

6 collected in accordance with applicable law. Completion of any

7 required traffic education program and payment in full of any

8 fine or penalty resulting from a standing, parking,

9 compliance, automated speed enforcement system, or automated

10 traffic law violation shall constitute a final disposition of

11 that violation.

12 (f) After the expiration of the period within which

13 judicial review may be sought for a final determination of

14 parking, standing, compliance, automated speed enforcement

15 system, or automated traffic law violation, the municipality

16 or county may commence a proceeding in the Circuit Court for

17 purposes of obtaining a judgment on the final determination of

18 violation. Nothing in this Section shall prevent a

19 municipality or county from consolidating multiple final

20 determinations of parking, standing, compliance, automated

21 speed enforcement system, or automated traffic law violations

22 against a person in a proceeding. Upon commencement of the

23 action, the municipality or county shall file a certified copy

24 or record of the final determination of parking, standing,

25 compliance, automated speed enforcement system, or automated

26 traffic law violation, which shall be accompanied by a

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1 certification that recites facts sufficient to show that the

2 final determination of violation was issued in accordance with

3 this Section and the applicable municipal or county ordinance.

4 Service of the summons and a copy of the petition may be by any

5 method provided by Section 2-203 of the Code of Civil

6 Procedure or by certified mail, return receipt requested,

7 provided that the total amount of fines and penalties for

8 final determinations of parking, standing, compliance,

9 automated speed enforcement system, or automated traffic law

10 violations does not exceed $2500. If the court is satisfied

11 that the final determination of parking, standing, compliance,

12 automated speed enforcement system, or automated traffic law

13 violation was entered in accordance with the requirements of

14 this Section and the applicable municipal or county ordinance,

15 and that the registered owner or the lessee, as the case may

16 be, had an opportunity for an administrative hearing and for

17 judicial review as provided in this Section, the court shall

18 render judgment in favor of the municipality or county and

19 against the registered owner or the lessee for the amount

20 indicated in the final determination of parking, standing,

21 compliance, automated speed enforcement system, or automated

22 traffic law violation, plus costs. The judgment shall have the

23 same effect and may be enforced in the same manner as other

24 judgments for the recovery of money.

25 (g) The fee for participating in a traffic education

26 program under this Section shall not exceed $25.

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1 A low-income individual required to complete a traffic

2 education program under this Section who provides proof of

3 eligibility for the federal earned income tax credit under

4 Section 32 of the Internal Revenue Code or the Illinois earned

5 income tax credit under Section 212 of the Illinois Income Tax

6 Act shall not be required to pay any fee for participating in a

7 required traffic education program.

8 (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;

9 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)

10 (625 ILCS 5/11-208.6)

11 Sec. 11-208.6. Automated traffic law enforcement system.

12 (a) As used in this Section, "automated traffic law

13 enforcement system" means a device with one or more motor

14 vehicle sensors working in conjunction with a red light signal

15 to produce recorded images of motor vehicles entering an

16 intersection against a red signal indication in violation of

17 Section 11-306 of this Code or a similar provision of a local

18 ordinance.

19 An automated traffic law enforcement system is a system,

20 in a municipality or county operated by a governmental agency,

21 that produces a recorded image of a motor vehicle's violation

22 of a provision of this Code or a local ordinance and is

23 designed to obtain a clear recorded image of the vehicle and

24 the vehicle's license plate. The recorded image must also

25 display the time, date, and location of the violation.

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1 (b) As used in this Section, "recorded images" means

2 images recorded by an automated traffic law enforcement system

3 on:

4 (1) 2 or more photographs;

5 (2) 2 or more microphotographs;

6 (3) 2 or more electronic images; or

7 (4) a video recording showing the motor vehicle and,

8 on at least one image or portion of the recording, clearly

9 identifying the registration plate or digital registration

10 plate number of the motor vehicle.

11 (b-5) A municipality or county that produces a recorded

12 image of a motor vehicle's violation of a provision of this

13 Code or a local ordinance must make the recorded images of a

14 violation accessible to the alleged violator by providing the

15 alleged violator with a website address, accessible through

16 the Internet.

17 (c) Except as provided under Section 11-208.8 of this

18 Code, a county or municipality, including a home rule county

19 or municipality, may not use an automated traffic law

20 enforcement system to provide recorded images of a motor

21 vehicle for the purpose of recording its speed. Except as

22 provided under Section 11-208.8 of this Code, the regulation

23 of the use of automated traffic law enforcement systems to

24 record vehicle speeds is an exclusive power and function of

25 the State. This subsection (c) is a denial and limitation of

26 home rule powers and functions under subsection (h) of Section

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1 6 of Article VII of the Illinois Constitution.

2 (c-5) A county or municipality, including a home rule

3 county or municipality, may not use an automated traffic law

4 enforcement system to issue violations in instances where the

5 motor vehicle comes to a complete stop and does not enter the

6 intersection, as defined by Section 1-132 of this Code, during

7 the cycle of the red signal indication unless one or more

8 pedestrians or bicyclists are present, even if the motor

9 vehicle stops at a point past a stop line or crosswalk where a

10 driver is required to stop, as specified in subsection (c) of

11 Section 11-306 of this Code or a similar provision of a local

12 ordinance.

13 (c-6) A county, or a municipality with less than 2,000,000

14 inhabitants, including a home rule county or municipality, may

15 not use an automated traffic law enforcement system to issue

16 violations in instances where a motorcyclist enters an

17 intersection against a red signal indication when the red

18 signal fails to change to a green signal within a reasonable

19 period of time not less than 120 seconds because of a signal

20 malfunction or because the signal has failed to detect the

21 arrival of the motorcycle due to the motorcycle's size or

22 weight.

23 (d) For each violation of a provision of this Code or a

24 local ordinance recorded by an automatic traffic law

25 enforcement system, the county or municipality having

26 jurisdiction shall issue a written notice of the violation to

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1 the registered owner of the vehicle as the alleged violator.

2 The notice shall be delivered to the registered owner of the

3 vehicle, by mail, within 30 days after the Secretary of State

4 notifies the municipality or county of the identity of the

5 owner of the vehicle, but in no event later than 90 days after

6 the violation.

7 The notice shall include:

8 (1) the name and address of the registered owner of

9 the vehicle;

10 (2) the registration number of the motor vehicle

11 involved in the violation;

12 (3) the violation charged;

13 (4) the location where the violation occurred;

14 (5) the date and time of the violation;

15 (6) a copy of the recorded images;

16 (7) the amount of the civil penalty imposed and the

17 requirements of any traffic education program imposed and

18 the date by which the civil penalty should be paid and the

19 traffic education program should be completed;

20 (8) a statement that recorded images are evidence of a

21 violation of a red light signal;

22 (9) a warning that failure to pay the civil penalty,

23 to complete a required traffic education program, or to

24 contest liability in a timely manner is an admission of

25 liability and may result in a suspension of the driving

26 privileges of the registered owner of the vehicle;

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1 (10) a statement that the person may elect to proceed

2 by:

3 (A) paying the fine, completing a required traffic

4 education program, or both; or

5 (B) challenging the charge in court, by mail, or

6 by administrative hearing; and

7 (11) a website address, accessible through the

8 Internet, where the person may view the recorded images of

9 the violation.

10 (e) ~~(Blank).~~ If a person charged with a traffic violation,

11 as a result of an automated traffic law enforcement system,

12 does not pay the fine or complete a required traffic education

13 program, or both, or successfully contest the civil penalty

14 resulting from that violation, the Secretary of State shall

15 suspend the driving privileges of the registered owner of the

16 vehicle under Section 6-306.5 of this Code for failing to

17 complete a required traffic education program or to pay any

18 fine or penalty due and owing, or both, as a result of a

19 combination of 5 violations of the automated traffic law

20 enforcement system or the automated speed enforcement system

21 under Section 11-208.8 of this Code.

22 (f) Based on inspection of recorded images produced by an

23 automated traffic law enforcement system, a notice alleging

24 that the violation occurred shall be evidence of the facts

25 contained in the notice and admissible in any proceeding

26 alleging a violation under this Section.

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1 (g) Recorded images made by an automatic traffic law

2 enforcement system are confidential and shall be made

3 available only to the alleged violator and governmental and

4 law enforcement agencies for purposes of adjudicating a

5 violation of this Section, for statistical purposes, or for

6 other governmental purposes. Any recorded image evidencing a

7 violation of this Section, however, may be admissible in any

8 proceeding resulting from the issuance of the citation.

9 (h) The court or hearing officer may consider in defense

10 of a violation:

11 (1) that the motor vehicle or registration plates or

12 digital registration plates of the motor vehicle were

13 stolen before the violation occurred and not under the

14 control of or in the possession of the owner at the time of

15 the violation;

16 (2) that the driver of the vehicle passed through the

17 intersection when the light was red either (i) in order to

18 yield the right-of-way to an emergency vehicle or (ii) as

19 part of a funeral procession; and

20 (3) any other evidence or issues provided by municipal

21 or county ordinance.

22 (i) To demonstrate that the motor vehicle or the

23 registration plates or digital registration plates were stolen

24 before the violation occurred and were not under the control

25 or possession of the owner at the time of the violation, the

26 owner must submit proof that a report concerning the stolen

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1 motor vehicle or registration plates was filed with a law

2 enforcement agency in a timely manner.

3 (j) Unless the driver of the motor vehicle received a

4 Uniform Traffic Citation from a police officer at the time of

5 the violation, the motor vehicle owner is subject to a civil

6 penalty not exceeding $100 or the completion of a traffic

7 education program, or both, plus an additional penalty of not

8 more than $100 for failure to pay the original penalty or to

9 complete a required traffic education program, or both, in a

10 timely manner, if the motor vehicle is recorded by an

11 automated traffic law enforcement system. A violation for

12 which a civil penalty is imposed under this Section is not a

13 violation of a traffic regulation governing the movement of

14 vehicles and may not be recorded on the driving record of the

15 owner of the vehicle.

16 (j-3) A registered owner who is a holder of a valid

17 commercial driver's license is not required to complete a

18 traffic education program.

19 (j-5) For purposes of the required traffic education

20 program only, a registered owner may submit an affidavit to

21 the court or hearing officer swearing that at the time of the

22 alleged violation, the vehicle was in the custody and control

23 of another person. The affidavit must identify the person in

24 custody and control of the vehicle, including the person's

25 name and current address. The person in custody and control of

26 the vehicle at the time of the violation is required to

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1 complete the required traffic education program. If the person

2 in custody and control of the vehicle at the time of the

3 violation completes the required traffic education program,

4 the registered owner of the vehicle is not required to

5 complete a traffic education program.

6 (k) An intersection equipped with an automated traffic law

7 enforcement system must be posted with a sign visible to

8 approaching traffic indicating that the intersection is being

9 monitored by an automated traffic law enforcement system.

10 (k-3) A municipality or county that has one or more

11 intersections equipped with an automated traffic law

12 enforcement system must provide notice to drivers by posting

13 the locations of automated traffic law systems on the

14 municipality or county website.

15 (k-5) An intersection equipped with an automated traffic

16 law enforcement system must have a yellow change interval that

17 conforms with the Illinois Manual on Uniform Traffic Control

18 Devices (IMUTCD) published by the Illinois Department of

19 Transportation.

20 (k-7) A municipality or county operating an automated

21 traffic law enforcement system shall conduct a statistical

22 analysis to assess the safety impact of each automated traffic

23 law enforcement system at an intersection following

24 installation of the system. The statistical analysis shall be

25 based upon the best available crash, traffic, and other data,

26 and shall cover a period of time before and after installation

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1 of the system sufficient to provide a statistically valid

2 comparison of safety impact. The statistical analysis shall be

3 consistent with professional judgment and acceptable industry

4 practice. The statistical analysis also shall be consistent

5 with the data required for valid comparisons of before and

6 after conditions and shall be conducted within a reasonable

7 period following the installation of the automated traffic law

8 enforcement system. The statistical analysis required by this

9 subsection (k-7) shall be made available to the public and

10 shall be published on the website of the municipality or

11 county. If the statistical analysis for the 36 month period

12 following installation of the system indicates that there has

13 been an increase in the rate of accidents at the approach to

14 the intersection monitored by the system, the municipality or

15 county shall undertake additional studies to determine the

16 cause and severity of the accidents, and may take any action

17 that it determines is necessary or appropriate to reduce the

18 number or severity of the accidents at that intersection.

19 (l) The compensation paid for an automated traffic law

20 enforcement system must be based on the value of the equipment

21 or the services provided and may not be based on the number of

22 traffic citations issued or the revenue generated by the

23 system.

24 (m) This Section applies only to the counties of Cook,

25 DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and

26 to municipalities located within those counties.

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1 (n) The fee for participating in a traffic education

2 program under this Section shall not exceed $25.

3 A low-income individual required to complete a traffic

4 education program under this Section who provides proof of

5 eligibility for the federal earned income tax credit under

6 Section 32 of the Internal Revenue Code or the Illinois earned

7 income tax credit under Section 212 of the Illinois Income Tax

8 Act shall not be required to pay any fee for participating in a

9 required traffic education program.

10 (o) ~~(Blank).~~ A municipality or county shall make a

11 certified report to the Secretary of State pursuant to Section

12 6-306.5 of this Code whenever a registered owner of a vehicle

13 has failed to pay any fine or penalty due and owing as a result

14 of a combination of 5 offenses for automated traffic law or

15 speed enforcement system violations.

16 (p) No person who is the lessor of a motor vehicle pursuant

17 to a written lease agreement shall be liable for an automated

18 speed or traffic law enforcement system violation involving

19 such motor vehicle during the period of the lease; provided

20 that upon the request of the appropriate authority received

21 within 120 days after the violation occurred, the lessor

22 provides within 60 days after such receipt the name and

23 address of the lessee. The drivers license number of a lessee

24 may be subsequently individually requested by the appropriate

25 authority if needed for enforcement of this Section.

26 Upon the provision of information by the lessor pursuant

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1 to this subsection, the county or municipality may issue the

2 violation to the lessee of the vehicle in the same manner as it

3 would issue a violation to a registered owner of a vehicle

4 pursuant to this Section, and the lessee may be held liable for

5 the violation.

6 (Source: P.A. 101-395, eff. 8-16-19; 101-652.)

7 (625 ILCS 5/11-208.8)

8 Sec. 11-208.8. Automated speed enforcement systems in

9 safety zones.

10 (a) As used in this Section:

11 "Automated speed enforcement system" means a photographic

12 device, radar device, laser device, or other electrical or

13 mechanical device or devices installed or utilized in a safety

14 zone and designed to record the speed of a vehicle and obtain a

15 clear photograph or other recorded image of the vehicle and

16 the vehicle's registration plate or digital registration plate

17 while the driver is violating Article VI of Chapter 11 of this

18 Code or a similar provision of a local ordinance.

19 An automated speed enforcement system is a system, located

20 in a safety zone which is under the jurisdiction of a

21 municipality, that produces a recorded image of a motor

22 vehicle's violation of a provision of this Code or a local

23 ordinance and is designed to obtain a clear recorded image of

24 the vehicle and the vehicle's license plate. The recorded

25 image must also display the time, date, and location of the

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1 violation.

2 "Owner" means the person or entity to whom the vehicle is

3 registered.

4 "Recorded image" means images recorded by an automated

5 speed enforcement system on:

6 (1) 2 or more photographs;

7 (2) 2 or more microphotographs;

8 (3) 2 or more electronic images; or

9 (4) a video recording showing the motor vehicle and,

10 on at least one image or portion of the recording, clearly

11 identifying the registration plate or digital registration

12 plate number of the motor vehicle.

13 "Safety zone" means an area that is within one-eighth of a

14 mile from the nearest property line of any public or private

15 elementary or secondary school, or from the nearest property

16 line of any facility, area, or land owned by a school district

17 that is used for educational purposes approved by the Illinois

18 State Board of Education, not including school district

19 headquarters or administrative buildings. A safety zone also

20 includes an area that is within one-eighth of a mile from the

21 nearest property line of any facility, area, or land owned by a

22 park district used for recreational purposes. However, if any

23 portion of a roadway is within either one-eighth mile radius,

24 the safety zone also shall include the roadway extended to the

25 furthest portion of the next furthest intersection. The term

26 "safety zone" does not include any portion of the roadway

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1 known as Lake Shore Drive or any controlled access highway

2 with 8 or more lanes of traffic.

3 (a-5) The automated speed enforcement system shall be

4 operational and violations shall be recorded only at the

5 following times:

6 (i) if the safety zone is based upon the property line

7 of any facility, area, or land owned by a school district,

8 only on school days and no earlier than 6 a.m. and no later

9 than 8:30 p.m. if the school day is during the period of

10 Monday through Thursday, or 9 p.m. if the school day is a

11 Friday; and

12 (ii) if the safety zone is based upon the property

13 line of any facility, area, or land owned by a park

14 district, no earlier than one hour prior to the time that

15 the facility, area, or land is open to the public or other

16 patrons, and no later than one hour after the facility,

17 area, or land is closed to the public or other patrons.

18 (b) A municipality that produces a recorded image of a

19 motor vehicle's violation of a provision of this Code or a

20 local ordinance must make the recorded images of a violation

21 accessible to the alleged violator by providing the alleged

22 violator with a website address, accessible through the

23 Internet.

24 (c) Notwithstanding any penalties for any other violations

25 of this Code, the owner of a motor vehicle used in a traffic

26 violation recorded by an automated speed enforcement system

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1 shall be subject to the following penalties:

2 (1) if the recorded speed is no less than 6 miles per

3 hour and no more than 10 miles per hour over the legal

4 speed limit, a civil penalty not exceeding $50, plus an

5 additional penalty of not more than $50 for failure to pay

6 the original penalty in a timely manner; or

7 (2) if the recorded speed is more than 10 miles per

8 hour over the legal speed limit, a civil penalty not

9 exceeding $100, plus an additional penalty of not more

10 than $100 for failure to pay the original penalty in a

11 timely manner.

12 A penalty may not be imposed under this Section if the

13 driver of the motor vehicle received a Uniform Traffic

14 Citation from a police officer for a speeding violation

15 occurring within one-eighth of a mile and 15 minutes of the

16 violation that was recorded by the system. A violation for

17 which a civil penalty is imposed under this Section is not a

18 violation of a traffic regulation governing the movement of

19 vehicles and may not be recorded on the driving record of the

20 owner of the vehicle. A law enforcement officer is not

21 required to be present or to witness the violation. No penalty

22 may be imposed under this Section if the recorded speed of a

23 vehicle is 5 miles per hour or less over the legal speed limit.

24 The municipality may send, in the same manner that notices are

25 sent under this Section, a speed violation warning notice

26 where the violation involves a speed of 5 miles per hour or

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1 less above the legal speed limit.

2 (d) The net proceeds that a municipality receives from

3 civil penalties imposed under an automated speed enforcement

4 system, after deducting all non-personnel and personnel costs

5 associated with the operation and maintenance of such system,

6 shall be expended or obligated by the municipality for the

7 following purposes:

8 (i) public safety initiatives to ensure safe passage

9 around schools, and to provide police protection and

10 surveillance around schools and parks, including but not

11 limited to: (1) personnel costs; and (2) non-personnel

12 costs such as construction and maintenance of public

13 safety infrastructure and equipment;

14 (ii) initiatives to improve pedestrian and traffic

15 safety;

16 (iii) construction and maintenance of infrastructure

17 within the municipality, including but not limited to

18 roads and bridges; and

19 (iv) after school programs.

20 (e) For each violation of a provision of this Code or a

21 local ordinance recorded by an automated speed enforcement

22 system, the municipality having jurisdiction shall issue a

23 written notice of the violation to the registered owner of the

24 vehicle as the alleged violator. The notice shall be delivered

25 to the registered owner of the vehicle, by mail, within 30 days

26 after the Secretary of State notifies the municipality of the

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1 identity of the owner of the vehicle, but in no event later

2 than 90 days after the violation.

3 (f) The notice required under subsection (e) of this

4 Section shall include:

5 (1) the name and address of the registered owner of

6 the vehicle;

7 (2) the registration number of the motor vehicle

8 involved in the violation;

9 (3) the violation charged;

10 (4) the date, time, and location where the violation

11 occurred;

12 (5) a copy of the recorded image or images;

13 (6) the amount of the civil penalty imposed and the

14 date by which the civil penalty should be paid;

15 (7) a statement that recorded images are evidence of a

16 violation of a speed restriction;

17 (8) a warning that failure to pay the civil penalty or

18 to contest liability in a timely manner is an admission of

19 liability and may result in a suspension of the driving

20 privileges of the registered owner of the vehicle;

21 (9) a statement that the person may elect to proceed

22 by:

23 (A) paying the fine; or

24 (B) challenging the charge in court, by mail, or

25 by administrative hearing; and

26 (10) a website address, accessible through the

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1 Internet, where the person may view the recorded images of

2 the violation.

3 (g) ~~(Blank).~~ If a person charged with a traffic violation,

4 as a result of an automated speed enforcement system, does not

5 pay the fine or successfully contest the civil penalty

6 resulting from that violation, the Secretary of State shall

7 suspend the driving privileges of the registered owner of the

8 vehicle under Section 6-306.5 of this Code for failing to pay

9 any fine or penalty due and owing, or both, as a result of a

10 combination of 5 violations of the automated speed enforcement

11 system or the automated traffic law under Section 11-208.6 of

12 this Code.

13 (h) Based on inspection of recorded images produced by an

14 automated speed enforcement system, a notice alleging that the

15 violation occurred shall be evidence of the facts contained in

16 the notice and admissible in any proceeding alleging a

17 violation under this Section.

18 (i) Recorded images made by an automated speed enforcement

19 system are confidential and shall be made available only to

20 the alleged violator and governmental and law enforcement

21 agencies for purposes of adjudicating a violation of this

22 Section, for statistical purposes, or for other governmental

23 purposes. Any recorded image evidencing a violation of this

24 Section, however, may be admissible in any proceeding

25 resulting from the issuance of the citation.

26 (j) The court or hearing officer may consider in defense

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1 of a violation:

2 (1) that the motor vehicle or registration plates or

3 digital registration plates of the motor vehicle were

4 stolen before the violation occurred and not under the

5 control or in the possession of the owner at the time of

6 the violation;

7 (2) that the driver of the motor vehicle received a

8 Uniform Traffic Citation from a police officer for a

9 speeding violation occurring within one-eighth of a mile

10 and 15 minutes of the violation that was recorded by the

11 system; and

12 (3) any other evidence or issues provided by municipal

13 ordinance.

14 (k) To demonstrate that the motor vehicle or the

15 registration plates or digital registration plates were stolen

16 before the violation occurred and were not under the control

17 or possession of the owner at the time of the violation, the

18 owner must submit proof that a report concerning the stolen

19 motor vehicle or registration plates was filed with a law

20 enforcement agency in a timely manner.

21 (l) A roadway equipped with an automated speed enforcement

22 system shall be posted with a sign conforming to the national

23 Manual on Uniform Traffic Control Devices that is visible to

24 approaching traffic stating that vehicle speeds are being

25 photo-enforced and indicating the speed limit. The

26 municipality shall install such additional signage as it

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1 determines is necessary to give reasonable notice to drivers

2 as to where automated speed enforcement systems are installed.

3 (m) A roadway where a new automated speed enforcement

4 system is installed shall be posted with signs providing 30

5 days notice of the use of a new automated speed enforcement

6 system prior to the issuance of any citations through the

7 automated speed enforcement system.

8 (n) The compensation paid for an automated speed

9 enforcement system must be based on the value of the equipment

10 or the services provided and may not be based on the number of

11 traffic citations issued or the revenue generated by the

12 system.

13 (o) ~~(Blank).~~ A municipality shall make a certified report

14 to the Secretary of State pursuant to Section 6-306.5 of this

15 Code whenever a registered owner of a vehicle has failed to pay

16 any fine or penalty due and owing as a result of a combination

17 of 5 offenses for automated speed or traffic law enforcement

18 system violations.

19 (p) No person who is the lessor of a motor vehicle pursuant

20 to a written lease agreement shall be liable for an automated

21 speed or traffic law enforcement system violation involving

22 such motor vehicle during the period of the lease; provided

23 that upon the request of the appropriate authority received

24 within 120 days after the violation occurred, the lessor

25 provides within 60 days after such receipt the name and

26 address of the lessee. The drivers license number of a lessee

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1 may be subsequently individually requested by the appropriate

2 authority if needed for enforcement of this Section.

3 Upon the provision of information by the lessor pursuant

4 to this subsection, the municipality may issue the violation

5 to the lessee of the vehicle in the same manner as it would

6 issue a violation to a registered owner of a vehicle pursuant

7 to this Section, and the lessee may be held liable for the

8 violation.

9 (q) A municipality using an automated speed enforcement

10 system must provide notice to drivers by publishing the

11 locations of all safety zones where system equipment is

12 installed on the website of the municipality.

13 (r) A municipality operating an automated speed

14 enforcement system shall conduct a statistical analysis to

15 assess the safety impact of the system. The statistical

16 analysis shall be based upon the best available crash,

17 traffic, and other data, and shall cover a period of time

18 before and after installation of the system sufficient to

19 provide a statistically valid comparison of safety impact. The

20 statistical analysis shall be consistent with professional

21 judgment and acceptable industry practice. The statistical

22 analysis also shall be consistent with the data required for

23 valid comparisons of before and after conditions and shall be

24 conducted within a reasonable period following the

25 installation of the automated traffic law enforcement system.

26 The statistical analysis required by this subsection shall be

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1 made available to the public and shall be published on the

2 website of the municipality.

3 (s) This Section applies only to municipalities with a

4 population of 1,000,000 or more inhabitants.

5 (Source: P.A. 101-395, eff. 8-16-19; 101-652.)

6 (625 ILCS 5/11-208.9)

7 Sec. 11-208.9. Automated traffic law enforcement system;

8 approaching, overtaking, and passing a school bus.

9 (a) As used in this Section, "automated traffic law

10 enforcement system" means a device with one or more motor

11 vehicle sensors working in conjunction with the visual signals

12 on a school bus, as specified in Sections 12-803 and 12-805 of

13 this Code, to produce recorded images of motor vehicles that

14 fail to stop before meeting or overtaking, from either

15 direction, any school bus stopped at any location for the

16 purpose of receiving or discharging pupils in violation of

17 Section 11-1414 of this Code or a similar provision of a local

18 ordinance.

19 An automated traffic law enforcement system is a system,

20 in a municipality or county operated by a governmental agency,

21 that produces a recorded image of a motor vehicle's violation

22 of a provision of this Code or a local ordinance and is

23 designed to obtain a clear recorded image of the vehicle and

24 the vehicle's license plate. The recorded image must also

25 display the time, date, and location of the violation.

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1 (b) As used in this Section, "recorded images" means

2 images recorded by an automated traffic law enforcement system

3 on:

4 (1) 2 or more photographs;

5 (2) 2 or more microphotographs;

6 (3) 2 or more electronic images; or

7 (4) a video recording showing the motor vehicle and,

8 on at least one image or portion of the recording, clearly

9 identifying the registration plate or digital registration

10 plate number of the motor vehicle.

11 (c) A municipality or county that produces a recorded

12 image of a motor vehicle's violation of a provision of this

13 Code or a local ordinance must make the recorded images of a

14 violation accessible to the alleged violator by providing the

15 alleged violator with a website address, accessible through

16 the Internet.

17 (d) For each violation of a provision of this Code or a

18 local ordinance recorded by an automated traffic law

19 enforcement system, the county or municipality having

20 jurisdiction shall issue a written notice of the violation to

21 the registered owner of the vehicle as the alleged violator.

22 The notice shall be delivered to the registered owner of the

23 vehicle, by mail, within 30 days after the Secretary of State

24 notifies the municipality or county of the identity of the

25 owner of the vehicle, but in no event later than 90 days after

26 the violation.

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1 (e) The notice required under subsection (d) shall

2 include:

3 (1) the name and address of the registered owner of

4 the vehicle;

5 (2) the registration number of the motor vehicle

6 involved in the violation;

7 (3) the violation charged;

8 (4) the location where the violation occurred;

9 (5) the date and time of the violation;

10 (6) a copy of the recorded images;

11 (7) the amount of the civil penalty imposed and the

12 date by which the civil penalty should be paid;

13 (8) a statement that recorded images are evidence of a

14 violation of overtaking or passing a school bus stopped

15 for the purpose of receiving or discharging pupils;

16 (9) a warning that failure to pay the civil penalty or

17 to contest liability in a timely manner is an admission of

18 liability and may result in a suspension of the driving

19 privileges of the registered owner of the vehicle;

20 (10) a statement that the person may elect to proceed

21 by:

22 (A) paying the fine; or

23 (B) challenging the charge in court, by mail, or

24 by administrative hearing; and

25 (11) a website address, accessible through the

26 Internet, where the person may view the recorded images of

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1 the violation.

2 (f) ~~(Blank).~~ If a person charged with a traffic violation,

3 as a result of an automated traffic law enforcement system

4 under this Section, does not pay the fine or successfully

5 contest the civil penalty resulting from that violation, the

6 Secretary of State shall suspend the driving privileges of the

7 registered owner of the vehicle under Section 6-306.5 of this

8 Code for failing to pay any fine or penalty due and owing as a

9 result of a combination of 5 violations of the automated

10 traffic law enforcement system or the automated speed

11 enforcement system under Section 11-208.8 of this Code.

12 (g) Based on inspection of recorded images produced by an

13 automated traffic law enforcement system, a notice alleging

14 that the violation occurred shall be evidence of the facts

15 contained in the notice and admissible in any proceeding

16 alleging a violation under this Section.

17 (h) Recorded images made by an automated traffic law

18 enforcement system are confidential and shall be made

19 available only to the alleged violator and governmental and

20 law enforcement agencies for purposes of adjudicating a

21 violation of this Section, for statistical purposes, or for

22 other governmental purposes. Any recorded image evidencing a

23 violation of this Section, however, may be admissible in any

24 proceeding resulting from the issuance of the citation.

25 (i) The court or hearing officer may consider in defense

26 of a violation:

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1 (1) that the motor vehicle or registration plates or

2 digital registration plates of the motor vehicle were

3 stolen before the violation occurred and not under the

4 control of or in the possession of the owner at the time of

5 the violation;

6 (2) that the driver of the motor vehicle received a

7 Uniform Traffic Citation from a police officer for a

8 violation of Section 11-1414 of this Code within

9 one-eighth of a mile and 15 minutes of the violation that

10 was recorded by the system;

11 (3) that the visual signals required by Sections

12 12-803 and 12-805 of this Code were damaged, not

13 activated, not present in violation of Sections 12-803 and

14 12-805, or inoperable; and

15 (4) any other evidence or issues provided by municipal

16 or county ordinance.

17 (j) To demonstrate that the motor vehicle or the

18 registration plates or digital registration plates were stolen

19 before the violation occurred and were not under the control

20 or possession of the owner at the time of the violation, the

21 owner must submit proof that a report concerning the stolen

22 motor vehicle or registration plates was filed with a law

23 enforcement agency in a timely manner.

24 (k) Unless the driver of the motor vehicle received a

25 Uniform Traffic Citation from a police officer at the time of

26 the violation, the motor vehicle owner is subject to a civil

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1 penalty not exceeding $150 for a first time violation or $500

2 for a second or subsequent violation, plus an additional

3 penalty of not more than $100 for failure to pay the original

4 penalty in a timely manner, if the motor vehicle is recorded by

5 an automated traffic law enforcement system. A violation for

6 which a civil penalty is imposed under this Section is not a

7 violation of a traffic regulation governing the movement of

8 vehicles and may not be recorded on the driving record of the

9 owner of the vehicle, but may be recorded by the municipality

10 or county for the purpose of determining if a person is subject

11 to the higher fine for a second or subsequent offense.

12 (l) A school bus equipped with an automated traffic law

13 enforcement system must be posted with a sign indicating that

14 the school bus is being monitored by an automated traffic law

15 enforcement system.

16 (m) A municipality or county that has one or more school

17 buses equipped with an automated traffic law enforcement

18 system must provide notice to drivers by posting a list of

19 school districts using school buses equipped with an automated

20 traffic law enforcement system on the municipality or county

21 website. School districts that have one or more school buses

22 equipped with an automated traffic law enforcement system must

23 provide notice to drivers by posting that information on their

24 websites.

25 (n) A municipality or county operating an automated

26 traffic law enforcement system shall conduct a statistical

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1 analysis to assess the safety impact in each school district

2 using school buses equipped with an automated traffic law

3 enforcement system following installation of the system. The

4 statistical analysis shall be based upon the best available

5 crash, traffic, and other data, and shall cover a period of

6 time before and after installation of the system sufficient to

7 provide a statistically valid comparison of safety impact. The

8 statistical analysis shall be consistent with professional

9 judgment and acceptable industry practice. The statistical

10 analysis also shall be consistent with the data required for

11 valid comparisons of before and after conditions and shall be

12 conducted within a reasonable period following the

13 installation of the automated traffic law enforcement system.

14 The statistical analysis required by this subsection shall be

15 made available to the public and shall be published on the

16 website of the municipality or county. If the statistical

17 analysis for the 36-month period following installation of the

18 system indicates that there has been an increase in the rate of

19 accidents at the approach to school buses monitored by the

20 system, the municipality or county shall undertake additional

21 studies to determine the cause and severity of the accidents,

22 and may take any action that it determines is necessary or

23 appropriate to reduce the number or severity of the accidents

24 involving school buses equipped with an automated traffic law

25 enforcement system.

26 (o) The compensation paid for an automated traffic law

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1 enforcement system must be based on the value of the equipment

2 or the services provided and may not be based on the number of

3 traffic citations issued or the revenue generated by the

4 system.

5 (p) No person who is the lessor of a motor vehicle pursuant

6 to a written lease agreement shall be liable for an automated

7 speed or traffic law enforcement system violation involving

8 such motor vehicle during the period of the lease; provided

9 that upon the request of the appropriate authority received

10 within 120 days after the violation occurred, the lessor

11 provides within 60 days after such receipt the name and

12 address of the lessee. The drivers license number of a lessee

13 may be subsequently individually requested by the appropriate

14 authority if needed for enforcement of this Section.

15 Upon the provision of information by the lessor pursuant

16 to this subsection, the county or municipality may issue the

17 violation to the lessee of the vehicle in the same manner as it

18 would issue a violation to a registered owner of a vehicle

19 pursuant to this Section, and the lessee may be held liable for

20 the violation.

21 (q) ~~(Blank).~~ A municipality or county shall make a

22 certified report to the Secretary of State pursuant to Section

23 6-306.5 of this Code whenever a registered owner of a vehicle

24 has failed to pay any fine or penalty due and owing as a result

25 of a combination of 5 offenses for automated traffic law or

26 speed enforcement system violations.

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1 (r) After a municipality or county enacts an ordinance

2 providing for automated traffic law enforcement systems under

3 this Section, each school district within that municipality or

4 county's jurisdiction may implement an automated traffic law

5 enforcement system under this Section. The elected school

6 board for that district must approve the implementation of an

7 automated traffic law enforcement system. The school district

8 shall be responsible for entering into a contract, approved by

9 the elected school board of that district, with vendors for

10 the installation, maintenance, and operation of the automated

11 traffic law enforcement system. The school district must enter

12 into an intergovernmental agreement, approved by the elected

13 school board of that district, with the municipality or county

14 with jurisdiction over that school district for the

15 administration of the automated traffic law enforcement

16 system. The proceeds from a school district's automated

17 traffic law enforcement system's fines shall be divided

18 equally between the school district and the municipality or

19 county administering the automated traffic law enforcement

20 system.

21 (Source: P.A. 101-395, eff. 8-16-19; 101-652.)

22 (625 ILCS 5/11-1201.1)

23 Sec. 11-1201.1. Automated Railroad Crossing Enforcement

24 System.

25 (a) For the purposes of this Section, an automated

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1 railroad grade crossing enforcement system is a system in a

2 municipality or county operated by a governmental agency that

3 produces a recorded image of a motor vehicle's violation of a

4 provision of this Code or local ordinance and is designed to

5 obtain a clear recorded image of the vehicle and vehicle's

6 license plate. The recorded image must also display the time,

7 date, and location of the violation.

8 As used in this Section, "recorded images" means images

9 recorded by an automated railroad grade crossing enforcement

10 system on:

11 (1) 2 or more photographs;

12 (2) 2 or more microphotographs;

13 (3) 2 or more electronic images; or

14 (4) a video recording showing the motor vehicle and,

15 on at least one image or portion of the recording, clearly

16 identifying the registration plate or digital registration

17 plate number of the motor vehicle.

18 (b) The Illinois Commerce Commission may, in cooperation

19 with a local law enforcement agency, establish in any county

20 or municipality an automated railroad grade crossing

21 enforcement system at any railroad grade crossing equipped

22 with a crossing gate designated by local authorities. Local

23 authorities desiring the establishment of an automated

24 railroad crossing enforcement system must initiate the process

25 by enacting a local ordinance requesting the creation of such

26 a system. After the ordinance has been enacted, and before any

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1 additional steps toward the establishment of the system are

2 undertaken, the local authorities and the Commission must

3 agree to a plan for obtaining, from any combination of

4 federal, State, and local funding sources, the moneys required

5 for the purchase and installation of any necessary equipment.

6 (b-1) (Blank.)

7 (c) For each violation of Section 11-1201 of this Code or a

8 local ordinance recorded by an automated railroad grade

9 crossing enforcement system, the county or municipality having

10 jurisdiction shall issue a written notice of the violation to

11 the registered owner of the vehicle as the alleged violator.

12 The notice shall be delivered to the registered owner of the

13 vehicle, by mail, no later than 90 days after the violation.

14 The notice shall include:

15 (1) the name and address of the registered owner of

16 the vehicle;

17 (2) the registration number of the motor vehicle

18 involved in the violation;

19 (3) the violation charged;

20 (4) the location where the violation occurred;

21 (5) the date and time of the violation;

22 (6) a copy of the recorded images;

23 (7) the amount of the civil penalty imposed and the

24 date by which the civil penalty should be paid;

25 (8) a statement that recorded images are evidence of a

26 violation of a railroad grade crossing;

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1 (9) a warning that failure to pay the civil penalty or

2 to contest liability in a timely manner is an admission of

3 liability and may result in a suspension of the driving

4 privileges of the registered owner of the vehicle; and

5 (10) a statement that the person may elect to proceed

6 by:

7 (A) paying the fine; or

8 (B) challenging the charge in court, by mail, or

9 by administrative hearing.

10 (d) ~~(Blank).~~ If a person charged with a traffic violation,

11 as a result of an automated railroad grade crossing

12 enforcement system, does not pay or successfully contest the

13 civil penalty resulting from that violation, the Secretary of

14 State shall suspend the driving privileges of the registered

15 owner of the vehicle under Section 6-306.5 of this Code for

16 failing to pay any fine or penalty due and owing as a result of

17 5 violations of the automated railroad grade crossing

18 enforcement system.

19 (d-1) (Blank.)

20 (d-2) (Blank.)

21 (e) Based on inspection of recorded images produced by an

22 automated railroad grade crossing enforcement system, a notice

23 alleging that the violation occurred shall be evidence of the

24 facts contained in the notice and admissible in any proceeding

25 alleging a violation under this Section.

26 (e-1) Recorded images made by an automated railroad grade

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1 crossing enforcement system are confidential and shall be made

2 available only to the alleged violator and governmental and

3 law enforcement agencies for purposes of adjudicating a

4 violation of this Section, for statistical purposes, or for

5 other governmental purposes. Any recorded image evidencing a

6 violation of this Section, however, may be admissible in any

7 proceeding resulting from the issuance of the citation.

8 (e-2) The court or hearing officer may consider the

9 following in the defense of a violation:

10 (1) that the motor vehicle or registration plates or

11 digital registration plates of the motor vehicle were

12 stolen before the violation occurred and not under the

13 control of or in the possession of the owner at the time of

14 the violation;

15 (2) that the driver of the motor vehicle received a

16 Uniform Traffic Citation from a police officer at the time

17 of the violation for the same offense;

18 (3) any other evidence or issues provided by municipal

19 or county ordinance.

20 (e-3) To demonstrate that the motor vehicle or the

21 registration plates or digital registration plates were stolen

22 before the violation occurred and were not under the control

23 or possession of the owner at the time of the violation, the

24 owner must submit proof that a report concerning the stolen

25 motor vehicle or registration plates was filed with a law

26 enforcement agency in a timely manner.

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1 (f) Rail crossings equipped with an automatic railroad

2 grade crossing enforcement system shall be posted with a sign

3 visible to approaching traffic stating that the railroad grade

4 crossing is being monitored, that citations will be issued,

5 and the amount of the fine for violation.

6 (g) The compensation paid for an automated railroad grade

7 crossing enforcement system must be based on the value of the

8 equipment or the services provided and may not be based on the

9 number of citations issued or the revenue generated by the

10 system.

11 (h) (Blank.)

12 (i) If any part or parts of this Section are held by a

13 court of competent jurisdiction to be unconstitutional, the

14 unconstitutionality shall not affect the validity of the

15 remaining parts of this Section. The General Assembly hereby

16 declares that it would have passed the remaining parts of this

17 Section if it had known that the other part or parts of this

18 Section would be declared unconstitutional.

19 (j) Penalty. A civil fine of $250 shall be imposed for a

20 first violation of this Section, and a civil fine of $500 shall

21 be imposed for a second or subsequent violation of this

22 Section.

23 (Source: P.A. 101-395, eff. 8-16-19; 101-652.)

24 Section 180. The Illinois Vehicle Code is amended by

25 reenacting and amending Sections 4-214.1, 6-306.5, and 6-306.6

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1 as follows:

2 (625 ILCS 5/4-214.1)

3 Sec. 4-214.1. Failure to pay fines, charges, and costs on

4 an abandoned vehicle. (a) Whenever any resident of this

5 State fails to pay any fine, charge, or cost imposed for a

6 violation of Section 4-201 of this Code, or a similar

7 provision of a local ordinance, the clerk shall notify the

8 Secretary of State, on a report prescribed by the Secretary,

9 and the Secretary shall prohibit the renewal, reissue, or

10 reinstatement of the resident's driving privileges until the

11 fine, charge, or cost has been paid in full. The clerk shall

12 provide notice to the owner, at the owner's last known address

13 as shown on the court's records, stating that the action will

14 be effective on the 46th day following the date of the above

15 notice if payment is not received in full by the court of

16 venue.

17 (b) Following receipt of the report from the clerk, the

18 Secretary of State shall make the proper notation to the

19 owner's file to prohibit the renewal, reissue, or

20 reinstatement of the owner's driving privileges. Except as

21 provided in subsection (d) of this Section, the notation shall

22 not be removed from the owner's record until the owner

23 satisfies the outstanding fine, charge, or cost and an

24 appropriate notice on a form prescribed by the Secretary is

25 received by the Secretary from the court of venue, stating

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1 that the fine, charge, or cost has been paid in full. Upon

2 payment in full of a fine, charge, or court cost which has

3 previously been reported under this Section as unpaid, the

4 clerk of the court shall present the owner with a signed

5 receipt containing the seal of the court indicating that the

6 fine, charge, or cost has been paid in full, and shall forward

7 immediately to the Secretary of State a notice stating that

8 the fine, charge, or cost has been paid in full.

9 (c) Notwithstanding the receipt of a report from the clerk

10 as prescribed in subsection (a), nothing in this Section is

11 intended to place any responsibility upon the Secretary of

12 State to provide independent notice to the owner of any

13 potential action to disallow the renewal, reissue, or

14 reinstatement of the owner's driving privileges.

15 (d) The Secretary of State shall renew, reissue, or

16 reinstate an owner's driving privileges which were previously

17 refused under this Section upon presentation of an original

18 receipt which is signed by the clerk of the court and contains

19 the seal of the court indicating that the fine, charge, or cost

20 has been paid in full. The Secretary of State shall retain the

21 receipt for his or her records.

22 (Source: P.A. 95-621, eff. 6-1-08.)

23 (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)

24 Sec. 6-306.5. Failure to pay fine or penalty for standing,

25 parking, compliance, automated speed enforcement system, or

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1 automated traffic law violations; suspension of driving

2 privileges.

3 (a) Upon receipt of a certified report, as prescribed by

4 subsection (c) of this Section, from any municipality or

5 county stating that the owner of a registered vehicle has

6 failed to pay any fine or penalty due and owing as a result of

7 5 offenses for automated speed enforcement system violations

8 or automated traffic violations as defined in Sections

9 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination

10 thereof, or ~~(3)~~ is more than 14 days in default of a payment

11 plan pursuant to which a suspension had been terminated under

12 subsection (c) of this Section, the Secretary of State shall

13 suspend the driving privileges of such person in accordance

14 with the procedures set forth in this Section. The Secretary

15 shall also suspend the driving privileges of an owner of a

16 registered vehicle upon receipt of a certified report, as

17 prescribed by subsection (f) of this Section, from any

18 municipality or county stating that such person has failed to

19 satisfy any fines or penalties imposed by final judgments for

20 5 or more automated speed enforcement system or automated

21 traffic law violations, or combination thereof, after

22 exhaustion of judicial review procedures.

23 (b) Following receipt of the certified report of the

24 municipality or county as specified in this Section, the

25 Secretary of State shall notify the person whose name appears

26 on the certified report that the person'sdriver's~~drivers~~

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1 license will be suspended at the end of a specified period of

2 time unless the Secretary of State is presented with a notice

3 from the municipality or county certifying that the fine or

4 penalty due and owing the municipality or county has been paid

5 or that inclusion of that person's name on the certified

6 report was in error. The Secretary's notice shall state in

7 substance the information contained in the municipality's or

8 county's certified report to the Secretary, and shall be

9 effective as specified by subsection (c) of Section 6-211 of

10 this Code.

11 (c) The report of the appropriate municipal or county

12 official notifying the Secretary of State of unpaid fines or

13 penalties pursuant to this Section shall be certified and

14 shall contain the following:

15 (1) The name, last known address as recorded with the

16 Secretary of State, as provided by the lessor of the cited

17 vehicle at the time of lease, or as recorded in a United

18 States Post Office approved database if any notice sent

19 under Section 11-208.3 of this Code is returned as

20 undeliverable, and driver's ~~drivers~~license number of the

21 person who failed to pay the fine or penalty or who has

22 defaulted in a payment plan and the registration number of

23 any vehicle known to be registered to such person in this

24 State.

25 (2) The name of the municipality or county making the

26 report pursuant to this Section.

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1 (3) A statement that the municipality or county sent a

2 notice of impending driver's~~drivers~~ license suspension as

3 prescribed by ordinance enacted pursuant to Section

4 11-208.3 of this Code or a notice of default in a payment

5 plan, to the person named in the report at the address

6 recorded with the Secretary of State or at the last

7 address known to the lessor of the cited vehicle at the

8 time of lease or, if any notice sent under Section

9 11-208.3 of this Code is returned as undeliverable, at the

10 last known address recorded in a United States Post Office

11 approved database; the date on which such notice was sent;

12 and the address to which such notice was sent. In a

13 municipality or county with a population of 1,000,000 or

14 more, the report shall also include a statement that the

15 alleged violator's State vehicle registration number and

16 vehicle make, if specified on the automated speed

17 enforcement system violation or automated traffic law

18 violation notice, are correct as they appear on the

19 citations.

20 (4) A unique identifying reference number for each

21 request of suspension sent whenever a person has failed to

22 pay the fine or penalty or has defaulted on a payment plan.

23 (d) Any municipality or county making a certified report

24 to the Secretary of State pursuant to this Section shall

25 notify the Secretary of State, in a form prescribed by the

26 Secretary, whenever a person named in the certified report has

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1 paid the previously reported fine or penalty, whenever a

2 person named in the certified report has entered into a

3 payment plan pursuant to which the municipality or county has

4 agreed to terminate the suspension, or whenever the

5 municipality or county determines that the original report was

6 in error. A certified copy of such notification shall also be

7 given upon request and at no additional charge to the person

8 named therein. Upon receipt of the municipality's or county's

9 notification or presentation of a certified copy of such

10 notification, the Secretary of State shall terminate the

11 suspension.

12 (e) Any municipality or county making a certified report

13 to the Secretary of State pursuant to this Section shall also

14 by ordinance establish procedures for persons to challenge the

15 accuracy of the certified report. The ordinance shall also

16 state the grounds for such a challenge, which may be limited to

17 (1) the person not having been the owner or lessee of the

18 vehicle or vehicles receiving a combination of 5 or more

19 automated speed enforcement system or automated traffic law

20 violations on the date or dates such notices were issued; and

21 (2) the person having already paid the fine or penalty for the

22 combination of 5 or more automated speed enforcement system or

23 automated traffic law violations indicated on the certified

24 report.

25 (f) Any municipality or county, other than a municipality

26 or county establishing automated speed enforcement system

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1 regulations under Section 11-208.8, or automated traffic law

2 regulations under Section 11-208.6, 11-208.9, or 11-1201.1,

3 may also cause a suspension of a person'sdriver's ~~drivers~~

4 license pursuant to this Section. Such municipality or county

5 may invoke this sanction by making a certified report to the

6 Secretary of State upon a person's failure to satisfy any fine

7 or penalty imposed by final judgment for a combination of 5 or

8 more automated speed enforcement system or automated traffic

9 law violations after exhaustion of judicial review procedures,

10 but only if:

11 (1) the municipality or county complies with the

12 provisions of this Section in all respects except in

13 regard to enacting an ordinance pursuant to Section

14 11-208.3;

15 (2) the municipality or county has sent a notice of

16 impending driver's~~drivers~~ license suspension as

17 prescribed by an ordinance enacted pursuant to subsection

18 (g) of this Section; and

19 (3) in municipalities or counties with a population of

20 1,000,000 or more, the municipality or county has verified

21 that the alleged violator's State vehicle registration

22 number and vehicle make are correct as they appear on the

23 citations.

24 (g) Any municipality or county, other than a municipality

25 or county establishing automated speed enforcement system

26 regulations under Section 11-208.8, or automated traffic law

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1 regulations under Section 11-208.6, 11-208.9, or 11-1201.1,

2 may provide by ordinance for the sending of a notice of

3 impending driver's~~drivers~~ license suspension to the person

4 who has failed to satisfy any fine or penalty imposed by final

5 judgment for a combination of 5 or more automated speed

6 enforcement system or automated traffic law violations after

7 exhaustion of judicial review procedures. An ordinance so

8 providing shall specify that the notice sent to the person

9 liable for any fine or penalty shall state that failure to pay

10 the fine or penalty owing within 45 days of the notice's date

11 will result in the municipality or county notifying the

12 Secretary of State that the person'sdriver's ~~drivers~~ license

13 is eligible for suspension pursuant to this Section. The

14 notice of impending driver's ~~drivers~~license suspension shall

15 be sent by first class United States mail, postage prepaid, to

16 the address recorded with the Secretary of State or at the last

17 address known to the lessor of the cited vehicle at the time of

18 lease or, if any notice sent under Section 11-208.3 of this

19 Code is returned as undeliverable, to the last known address

20 recorded in a United States Post Office approved database.

21 (h) An administrative hearing to contest an impending

22 suspension or a suspension made pursuant to this Section may

23 be had upon filing a written request with the Secretary of

24 State. The filing fee for this hearing shall be $20, to be paid

25 at the time the request is made. A municipality or county which

26 files a certified report with the Secretary of State pursuant

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1 to this Section shall reimburse the Secretary for all

2 reasonable costs incurred by the Secretary as a result of the

3 filing of the report, including, but not limited to, the costs

4 of providing the notice required pursuant to subsection (b)

5 and the costs incurred by the Secretary in any hearing

6 conducted with respect to the report pursuant to this

7 subsection and any appeal from such a hearing.

8 (i) The provisions of this Section shall apply on and

9 after January 1, 1988.

10 (j) For purposes of this Section, the term "compliance

11 violation" is defined as in Section 11-208.3.

12 (Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)

13 (625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)

14 Sec. 6-306.6. Failure to pay traffic fines, penalties, or

15 court costs.

16 (a) Whenever any resident of this State fails to pay any

17 traffic fine, penalty, or cost imposed for a violation of this

18 Code, or similar provision of local ordinance, the clerk may

19 notify the Secretary of State, on a report prescribed by the

20 Secretary, and the Secretary shall prohibit the renewal,

21 reissue or reinstatement of such resident's driving privileges

22 until such fine, penalty, or cost has been paid in full. The

23 clerk shall provide notice to the driver, at the driver's last

24 known address as shown on the court's records, stating that

25 such action will be effective on the 46th day following the

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1 date of the above notice if payment is not received in full by

2 the court of venue.

3 (a-1) Whenever any resident of this State who has made a

4 partial payment on any traffic fine, penalty, or cost that was

5 imposed under a conviction entered on or after the effective

6 date of this amendatory Act of the 93rd General Assembly, for a

7 violation of this Code or a similar provision of a local

8 ordinance, fails to pay the remainder of the outstanding fine,

9 penalty, or cost within the time limit set by the court, the

10 clerk may notify the Secretary of State, on a report

11 prescribed by the Secretary, and the Secretary shall prohibit

12 the renewal, reissue, or reinstatement of the resident's

13 driving privileges until the fine, penalty, or cost has been

14 paid in full. The clerk shall provide notice to the driver, at

15 the driver's last known address as shown on the court's

16 records, stating that the action will be effective on the 46th

17 day following the date of the notice if payment is not received

18 in full by the court of venue.

19 (b) Except as provided in subsection (b-1), following

20 receipt of the report from the clerk, the Secretary of State

21 shall make the proper notation to the driver's file to

22 prohibit the renewal, reissue or reinstatement of such

23 driver's driving privileges. Except as provided in paragraph

24 (2) of subsection (d) of this Section, such notation shall not

25 be removed from the driver's record until the driver satisfies

26 the outstanding fine, penalty, or cost and an appropriate

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1 notice on a form prescribed by the Secretary is received by the

2 Secretary from the court of venue, stating that such fine,

3 penalty, or cost has been paid in full. Upon payment in full of

4 a traffic fine, penalty, or court cost which has previously

5 been reported under this Section as unpaid, the clerk of the

6 court shall present the driver with a signed receipt

7 containing the seal of the court indicating that such fine,

8 penalty, or cost has been paid in full, and shall forward

9 forthwith to the Secretary of State a notice stating that the

10 fine, penalty, or cost has been paid in full.

11 (b-1) In a county with a population of 3,000,000 or more,

12 following receipt of the report from the clerk, the Secretary

13 of State shall make the proper notation to the driver's file to

14 prohibit the renewal, reissue or reinstatement of such

15 driver's driving privileges. Such notation shall not be

16 removed from the driver's record until the driver satisfies

17 the outstanding fine, penalty, or cost and an appropriate

18 notice on a form prescribed by the Secretary is received by the

19 Secretary directly from the court of venue, stating that such

20 fine, penalty, or cost has been paid in full. Upon payment in

21 full of a traffic fine, penalty, or court cost which has

22 previously been reported under this Section as unpaid, the

23 clerk of the court shall forward forthwith directly to the

24 Secretary of State a notice stating that the fine, penalty, or

25 cost has been paid in full and shall provide the driver with a

26 signed receipt containing the seal of the court, indicating

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1 that the fine, penalty, and cost have been paid in full. The

2 receipt may not be used by the driver to clear the driver's

3 record.

4 (c) The provisions of this Section shall be limited to a

5 single action per arrest and as a post conviction measure

6 only. Fines, penalty, or costs to be collected subsequent to

7 orders of court supervision, or other available court

8 diversions are not applicable to this Section.

9 (d)(1) Notwithstanding the receipt of a report from the

10 clerk as prescribed in subsections (a) and (e), nothing in

11 this Section is intended to place any responsibility upon the

12 Secretary of State to provide independent notice to the driver

13 of any potential action to disallow the renewal, reissue or

14 reinstatement of such driver's driving privileges.

15 (2) Except as provided in subsection (b-1), the Secretary

16 of State shall renew, reissue or reinstate a driver's driving

17 privileges which were previously refused pursuant to this

18 Section upon presentation of an original receipt which is

19 signed by the clerk of the court and contains the seal of the

20 court indicating that the fine, penalty, or cost has been paid

21 in full. The Secretary of State shall retain such receipt for

22 his records.

23 (e) Upon receipt of notification from another state that

24 is a member of the Nonresident Violator Compact of 1977,

25 stating a resident of this State failed to pay a traffic fine,

26 penalty, or cost imposed for a violation that occurs in

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1 another state, the Secretary shall make the proper notation to

2 the driver's license file to prohibit the renewal, reissue, or

3 reinstatement of the resident's driving privileges until the

4 fine, penalty, or cost has been paid in full. The Secretary of

5 State shall renew, reissue, or reinstate the driver's driving

6 privileges that were previously refused under this Section

7 upon receipt of notification from the other state that

8 indicates that the fine, penalty, or cost has been paid in

9 full. The Secretary of State shall retain the out-of-state

10 receipt for his or her records.

11 (Source: P.A. 98-178, eff. 1-1-14.)

12 Section 185. The Snowmobile Registration and Safety Act is

13 amended by changing Section 5-7 as follows:

14 (625 ILCS 40/5-7)

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

16 Sec. 5-7. Operating a snowmobile while under the influence

17 of alcohol or other drug or drugs, intoxicating compound or

18 compounds, or a combination of them; criminal penalties;

19 suspension of operating privileges.

20 (a) A person may not operate or be in actual physical

21 control of a snowmobile within this State while:

22 1. The alcohol concentration in that person's blood,

23 other bodily substance, or breath is a concentration at

24 which driving a motor vehicle is prohibited under

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1 subdivision (1) of subsection (a) of Section 11-501 of the

2 Illinois Vehicle Code;

3 2. The person is under the influence of alcohol;

4 3. The person is under the influence of any other drug

5 or combination of drugs to a degree that renders that

6 person incapable of safely operating a snowmobile;

7 3.1. The person is under the influence of any

8 intoxicating compound or combination of intoxicating

9 compounds to a degree that renders the person incapable of

10 safely operating a snowmobile;

11 4. The person is under the combined influence of

12 alcohol and any other drug or drugs or intoxicating

13 compound or compounds to a degree that renders that person

14 incapable of safely operating a snowmobile;

15 4.3. The person who is not a CDL holder has a

16 tetrahydrocannabinol concentration in the person's whole

17 blood or other bodily substance at which driving a motor

18 vehicle is prohibited under subdivision (7) of subsection

19 (a) of Section 11-501 of the Illinois Vehicle Code;

20 4.5. The person who is a CDL holder has any amount of a

21 drug, substance, or compound in the person's breath,

22 blood, other bodily substance, or urine resulting from the

23 unlawful use or consumption of cannabis listed in the

24 Cannabis Control Act; or

25 5. There is any amount of a drug, substance, or

26 compound in that person's breath, blood, other bodily

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1 substance, or urine resulting from the unlawful use or

2 consumption of a controlled substance listed in the

3 Illinois Controlled Substances Act, methamphetamine as

4 listed in the Methamphetamine Control and Community

5 Protection Act, or intoxicating compound listed in the use

6 of Intoxicating Compounds Act.

7 (b) The fact that a person charged with violating this

8 Section is or has been legally entitled to use alcohol, other

9 drug or drugs, any intoxicating compound or compounds, or any

10 combination of them does not constitute a defense against a

11 charge of violating this Section.

12 (c) Every person convicted of violating this Section or a

13 similar provision of a local ordinance is guilty of a Class A

14 misdemeanor, except as otherwise provided in this Section.

15 (c-1) As used in this Section, "first time offender" means

16 any person who has not had a previous conviction or been

17 assigned supervision for violating this Section or a similar

18 provision of a local ordinance, or any person who has not had a

19 suspension imposed under subsection (e) of Section 5-7.1.

20 (c-2) For purposes of this Section, the following are

21 equivalent to a conviction:

22 (1) a forfeiture of bail or collateral deposited to

23 secure a defendant's appearance in court when forfeiture

24 has not been vacated; or

25 (2) the failure of a defendant to appear for trial.

26 (d) Every person convicted of violating this Section is

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1 guilty of a Class 4 felony if:

2 1. The person has a previous conviction under this

3 Section;

4 2. The offense results in personal injury where a

5 person other than the operator suffers great bodily harm

6 or permanent disability or disfigurement, when the

7 violation was a proximate cause of the injuries. A person

8 guilty of a Class 4 felony under this paragraph 2, if

9 sentenced to a term of imprisonment, shall be sentenced to

10 not less than one year nor more than 12 years; or

11 3. The offense occurred during a period in which the

12 person's privileges to operate a snowmobile are revoked or

13 suspended, and the revocation or suspension was for a

14 violation of this Section or was imposed under Section

15 5-7.1.

16 (e) Every person convicted of violating this Section is

17 guilty of a Class 2 felony if the offense results in the death

18 of a person. A person guilty of a Class 2 felony under this

19 subsection (e), if sentenced to a term of imprisonment, shall

20 be sentenced to a term of not less than 3 years and not more

21 than 14 years.

22 (e-1) Every person convicted of violating this Section or

23 a similar provision of a local ordinance who had a child under

24 the age of 16 on board the snowmobile at the time of offense

25 shall be subject to a mandatory minimum fine of $500 and shall

26 be subject to a mandatory minimum of 5 days of community

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1 service in a program benefiting children. The assignment under

2 this subsection shall not be subject to suspension nor shall

3 the person be eligible for probation in order to reduce the

4 assignment.

5 (e-2) Every person found guilty of violating this Section,

6 whose operation of a snowmobile while in violation of this

7 Section proximately caused any incident resulting in an

8 appropriate emergency response, shall be liable for the

9 expense of an emergency response as provided in subsection (i)

10 of Section 11-501.01 of the Illinois Vehicle Code.

11 (e-3) In addition to any other penalties and liabilities,

12 a person who is found guilty of violating this Section,

13 including any person placed on court supervision, shall be

14 fined $100, payable to the circuit clerk, who shall distribute

15 the money to the law enforcement agency that made the arrest or

16 as provided in subsection (c) of Section 10-5 of the Criminal

17 and Traffic Assessment Act if the arresting agency is a State

18 agency, unless more than one agency is responsible for the

19 arrest, in which case the amount shall be remitted to each unit

20 of government equally. Any moneys received by a law

21 enforcement agency under this subsection (e-3) shall be used

22 to purchase law enforcement equipment or to provide law

23 enforcement training that will assist in the prevention of

24 alcohol related criminal violence throughout the State. Law

25 enforcement equipment shall include, but is not limited to,

26 in-car video cameras, radar and laser speed detection devices,

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1 and alcohol breath testers.

2 (f) In addition to any criminal penalties imposed, the

3 Department of Natural Resources shall suspend the snowmobile

4 operation privileges of a person convicted or found guilty of

5 a misdemeanor under this Section for a period of one year,

6 except that first-time offenders are exempt from this

7 mandatory one-year ~~one year~~ suspension.

8 (g) In addition to any criminal penalties imposed, the

9 Department of Natural Resources shall suspend for a period of

10 5 years the snowmobile operation privileges of any person

11 convicted or found guilty of a felony under this Section.

12 (Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)

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

14 Sec. 5-7. Operating a snowmobile while under the influence

15 of alcohol or other drug or drugs, intoxicating compound or

16 compounds, or a combination of them; criminal penalties;

17 suspension of operating privileges.

18 (a) A person may not operate or be in actual physical

19 control of a snowmobile within this State while:

20 1. The alcohol concentration in that person's blood,

21 other bodily substance, or breath is a concentration at

22 which driving a motor vehicle is prohibited under

23 subdivision (1) of subsection (a) of Section 11-501 of the

24 Illinois Vehicle Code;

25 2. The person is under the influence of alcohol;

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1 3. The person is under the influence of any other drug

2 or combination of drugs to a degree that renders that

3 person incapable of safely operating a snowmobile;

4 3.1. The person is under the influence of any

5 intoxicating compound or combination of intoxicating

6 compounds to a degree that renders the person incapable of

7 safely operating a snowmobile;

8 4. The person is under the combined influence of

9 alcohol and any other drug or drugs or intoxicating

10 compound or compounds to a degree that renders that person

11 incapable of safely operating a snowmobile;

12 4.3. The person who is not a CDL holder has a

13 tetrahydrocannabinol concentration in the person's whole

14 blood or other bodily substance at which driving a motor

15 vehicle is prohibited under subdivision (7) of subsection

16 (a) of Section 11-501 of the Illinois Vehicle Code;

17 4.5. The person who is a CDL holder has any amount of a

18 drug, substance, or compound in the person's breath,

19 blood, other bodily substance, or urine resulting from the

20 unlawful use or consumption of cannabis listed in the

21 Cannabis Control Act; or

22 5. There is any amount of a drug, substance, or

23 compound in that person's breath, blood, other bodily

24 substance, or urine resulting from the unlawful use or

25 consumption of a controlled substance listed in the

26 Illinois Controlled Substances Act, methamphetamine as

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1 listed in the Methamphetamine Control and Community

2 Protection Act, or intoxicating compound listed in the use

3 of Intoxicating Compounds Act.

4 (b) The fact that a person charged with violating this

5 Section is or has been legally entitled to use alcohol, other

6 drug or drugs, any intoxicating compound or compounds, or any

7 combination of them does not constitute a defense against a

8 charge of violating this Section.

9 (c) Every person convicted of violating this Section or a

10 similar provision of a local ordinance is guilty of a Class A

11 misdemeanor, except as otherwise provided in this Section.

12 (c-1) As used in this Section, "first time offender" means

13 any person who has not had a previous conviction or been

14 assigned supervision for violating this Section or a similar

15 provision of a local ordinance, or any person who has not had a

16 suspension imposed under subsection (e) of Section 5-7.1.

17 (c-2) For purposes of this Section, the following are

18 equivalent to a conviction:

19 (1) a ~~violation of the terms of pretrial release when~~

20 ~~the court has not relieved the defendant of complying with~~

21 ~~the terms of pretrial release~~ forfeiture of bail or

22 collateral deposited to secure a defendant's appearance in

23 court when forfeiture has not been vacated; or

24 (2) the failure of a defendant to appear for trial.

25 (d) Every person convicted of violating this Section is

26 guilty of a Class 4 felony if:

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1 1. The person has a previous conviction under this

2 Section;

3 2. The offense results in personal injury where a

4 person other than the operator suffers great bodily harm

5 or permanent disability or disfigurement, when the

6 violation was a proximate cause of the injuries. A person

7 guilty of a Class 4 felony under this paragraph 2, if

8 sentenced to a term of imprisonment, shall be sentenced to

9 not less than one year nor more than 12 years; or

10 3. The offense occurred during a period in which the

11 person's privileges to operate a snowmobile are revoked or

12 suspended, and the revocation or suspension was for a

13 violation of this Section or was imposed under Section

14 5-7.1.

15 (e) Every person convicted of violating this Section is

16 guilty of a Class 2 felony if the offense results in the death

17 of a person. A person guilty of a Class 2 felony under this

18 subsection (e), if sentenced to a term of imprisonment, shall

19 be sentenced to a term of not less than 3 years and not more

20 than 14 years.

21 (e-1) Every person convicted of violating this Section or

22 a similar provision of a local ordinance who had a child under

23 the age of 16 on board the snowmobile at the time of offense

24 shall be subject to a mandatory minimum fine of $500 and shall

25 be subject to a mandatory minimum of 5 days of community

26 service in a program benefiting children. The assignment under

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1 this subsection shall not be subject to suspension nor shall

2 the person be eligible for probation in order to reduce the

3 assignment.

4 (e-2) Every person found guilty of violating this Section,

5 whose operation of a snowmobile while in violation of this

6 Section proximately caused any incident resulting in an

7 appropriate emergency response, shall be liable for the

8 expense of an emergency response as provided in subsection (i)

9 of Section 11-501.01 of the Illinois Vehicle Code.

10 (e-3) In addition to any other penalties and liabilities,

11 a person who is found guilty of violating this Section,

12 including any person placed on court supervision, shall be

13 fined $100, payable to the circuit clerk, who shall distribute

14 the money to the law enforcement agency that made the arrest or

15 as provided in subsection (c) of Section 10-5 of the Criminal

16 and Traffic Assessment Act if the arresting agency is a State

17 agency, unless more than one agency is responsible for the

18 arrest, in which case the amount shall be remitted to each unit

19 of government equally. Any moneys received by a law

20 enforcement agency under this subsection (e-3) shall be used

21 to purchase law enforcement equipment or to provide law

22 enforcement training that will assist in the prevention of

23 alcohol related criminal violence throughout the State. Law

24 enforcement equipment shall include, but is not limited to,

25 in-car video cameras, radar and laser speed detection devices,

26 and alcohol breath testers.

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1 (f) In addition to any criminal penalties imposed, the

2 Department of Natural Resources shall suspend the snowmobile

3 operation privileges of a person convicted or found guilty of

4 a misdemeanor under this Section for a period of one year,

5 except that first-time offenders are exempt from this

6 mandatory one-year ~~one year~~ suspension.

7 (g) In addition to any criminal penalties imposed, the

8 Department of Natural Resources shall suspend for a period of

9 5 years the snowmobile operation privileges of any person

10 convicted or found guilty of a felony under this Section.

11 (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;

12 revised 8-5-21.)

13 Section 190. The Clerks of Courts Act is amended by

14 changing Section 27.3b as follows:

15 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)

16 (Text of Section before amendment by P.A. 102-356 and

17 101-652)

18 Sec. 27.3b. The clerk of court may accept payment of

19 fines, penalties, or costs by credit card or debit card

20 approved by the clerk from an offender who has been convicted

21 of or placed on court supervision for a traffic offense, petty

22 offense, ordinance offense, or misdemeanor or who has been

23 convicted of a felony offense. The clerk of the circuit court

24 may accept credit card payments over the Internet for fines,

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1 penalties, or costs from offenders on voluntary electronic

2 pleas of guilty in minor traffic and conservation offenses to

3 satisfy the requirement of written pleas of guilty as provided

4 in Illinois Supreme Court Rule 529. The clerk of the court may

5 also accept payment of statutory fees by a credit card or debit

6 card. The clerk of the court may also accept the credit card or

7 debit card for the cash deposit of bail bond fees.

8 The clerk of the circuit court is authorized to enter into

9 contracts with credit card or debit card companies approved by

10 the clerk and to negotiate the payment of convenience and

11 administrative fees normally charged by those companies for

12 allowing the clerk of the circuit court to accept their credit

13 cards or debit cards in payment as authorized herein. The

14 clerk of the circuit court is authorized to enter into

15 contracts with third party fund guarantors, facilitators, and

16 service providers under which those entities may contract

17 directly with customers of the clerk of the circuit court and

18 guarantee and remit the payments to the clerk of the circuit

19 court. Where the offender pays fines, penalties, or costs by

20 credit card or debit card or through a third party fund

21 guarantor, facilitator, or service provider, or anyone paying

22 statutory fees of the circuit court clerk or the posting of

23 cash bail, the clerk shall collect a service fee of up to $5 or

24 the amount charged to the clerk for use of its services by the

25 credit card or debit card issuer, third party fund guarantor,

26 facilitator, or service provider. This service fee shall be in

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1 addition to any other fines, penalties, or costs. The clerk of

2 the circuit court is authorized to negotiate the assessment of

3 convenience and administrative fees by the third party fund

4 guarantors, facilitators, and service providers with the

5 revenue earned by the clerk of the circuit court to be remitted

6 to the county general revenue fund.

7 (Source: P.A. 95-331, eff. 8-21-07.)

8 (Text of Section after amendment by P.A. 102-356 but

9 before amendment by P.A. 101-652)

10 Sec. 27.3b. The clerk of court may accept payment of

11 fines, penalties, or costs by certified check, credit card, or

12 debit card approved by the clerk from an offender who has been

13 convicted of or placed on court supervision for a traffic

14 offense, petty offense, ordinance offense, or misdemeanor or

15 who has been convicted of a felony offense. The clerk of the

16 circuit court shall accept credit card payments over the

17 Internet for fines, penalties, court costs, or costs from

18 offenders on voluntary electronic pleas of guilty in minor

19 traffic and conservation offenses to satisfy the requirement

20 of written pleas of guilty as provided in Illinois Supreme

21 Court Rule 529. The clerk of the court may also accept payment

22 of statutory fees by a credit card or debit card. The clerk of

23 the court may also accept the credit card or debit card for the

24 cash deposit of bail bond fees.

25 The clerk of the circuit court is authorized to enter into

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1 contracts with credit card or debit card companies approved by

2 the clerk and to negotiate the payment of convenience and

3 administrative fees normally charged by those companies for

4 allowing the clerk of the circuit court to accept their credit

5 cards or debit cards in payment as authorized herein. The

6 clerk of the circuit court is authorized to enter into

7 contracts with third party fund guarantors, facilitators, and

8 service providers under which those entities may contract

9 directly with customers of the clerk of the circuit court and

10 guarantee and remit the payments to the clerk of the circuit

11 court. Where the offender pays fines, penalties, or costs by

12 credit card or debit card or through a third party fund

13 guarantor, facilitator, or service provider, or anyone paying

14 statutory fees of the circuit court clerk or the posting of

15 cash bail, the clerk shall collect a service fee of up to $5 or

16 the amount charged to the clerk for use of its services by the

17 credit card or debit card issuer, third party fund guarantor,

18 facilitator, or service provider. This service fee shall be in

19 addition to any other fines, penalties, or costs. The clerk of

20 the circuit court is authorized to negotiate the assessment of

21 convenience and administrative fees by the third party fund

22 guarantors, facilitators, and service providers with the

23 revenue earned by the clerk of the circuit court to be remitted

24 to the county general revenue fund.

25 As used in this Section, "certified check" has the meaning

26 provided in Section 3-409 of the Uniform Commercial Code.

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1 (Source: P.A. 95-331, eff. 8-21-07; 102-356, eff. 1-1-22.)

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

3 Sec. 27.3b. The clerk of court may accept payment of

4 fines, penalties, or costs by certified check, credit card, or

5 debit card approved by the clerk from an offender who has been

6 convicted of or placed on court supervision for a traffic

7 offense, petty offense, ordinance offense, or misdemeanor or

8 who has been convicted of a felony offense. The clerk of the

9 circuit court shall accept credit card payments over the

10 Internet for fines, penalties, court costs, or costs from

11 offenders on voluntary electronic pleas of guilty in minor

12 traffic and conservation offenses to satisfy the requirement

13 of written pleas of guilty as provided in Illinois Supreme

14 Court Rule 529. The clerk of the court may also accept payment

15 of statutory fees by a credit card or debit card.The clerk of

16 the court may also accept the credit card or debit card for the

17 cash deposit of bail bond fees.

18 The clerk of the circuit court is authorized to enter into

19 contracts with credit card or debit card companies approved by

20 the clerk and to negotiate the payment of convenience and

21 administrative fees normally charged by those companies for

22 allowing the clerk of the circuit court to accept their credit

23 cards or debit cards in payment as authorized herein. The

24 clerk of the circuit court is authorized to enter into

25 contracts with third party fund guarantors, facilitators, and

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1 service providers under which those entities may contract

2 directly with customers of the clerk of the circuit court and

3 guarantee and remit the payments to the clerk of the circuit

4 court. Where the offender pays fines, penalties, or costs by

5 credit card or debit card or through a third party fund

6 guarantor, facilitator, or service provider, or anyone paying

7 statutory fees of the circuit court clerkor the posting of

8 cash bail, the clerk shall collect a service fee of up to $5 or

9 the amount charged to the clerk for use of its services by the

10 credit card or debit card issuer, third party fund guarantor,

11 facilitator, or service provider. This service fee shall be in

12 addition to any other fines, penalties, or costs. The clerk of

13 the circuit court is authorized to negotiate the assessment of

14 convenience and administrative fees by the third party fund

15 guarantors, facilitators, and service providers with the

16 revenue earned by the clerk of the circuit court to be remitted

17 to the county general revenue fund.

18 As used in this Section, "certified check" has the meaning

19 provided in Section 3-409 of the Uniform Commercial Code.

20 (Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.)

21 Section 195. The Attorney Act is amended by changing

22 Section 9 as follows:

23 (705 ILCS 205/9) (from Ch. 13, par. 9)

24 Sec. 9. All attorneys and counselors at law, judges,

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1 clerks and sheriffs, and all other officers of the several

2 courts within this state, shall be liable to be arrested and

3 held to ~~terms of pretrial release~~ bail, and shall be subject to

4 the same legal process, and may in all respects be prosecuted

5 and proceeded against in the same courts and in the same manner

6 as other persons are, any law, usage or custom to the contrary

7 notwithstanding: Provided, nevertheless, said judges,

8 counselors or attorneys, clerks, sheriffs and other officers

9 of said courts, shall be privileged from arrest while

10 attending courts, and whilst going to and returning from

11 court.

12 (Source: R.S. 1874, p. 169; 101-652.)

13 Section 200. The Juvenile Court Act of 1987 is amended by

14 changing Sections 1-7, 1-8, and 5-150 as follows:

15 (705 ILCS 405/1-7)

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

17 Sec. 1-7. Confidentiality of juvenile law enforcement and

18 municipal ordinance violation records.

19 (A) All juvenile law enforcement records which have not

20 been expunged are confidential and may never be disclosed to

21 the general public or otherwise made widely available.

22 Juvenile law enforcement records may be obtained only under

23 this Section and Section 1-8 and Part 9 of Article V of this

24 Act, when their use is needed for good cause and with an order

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1 from the juvenile court, as required by those not authorized

2 to retain them. Inspection, copying, and disclosure of

3 juvenile law enforcement records maintained by law enforcement

4 agencies or records of municipal ordinance violations

5 maintained by any State, local, or municipal agency that

6 relate to a minor who has been investigated, arrested, or

7 taken into custody before his or her 18th birthday shall be

8 restricted to the following:

9 (0.05) The minor who is the subject of the juvenile

10 law enforcement record, his or her parents, guardian, and

11 counsel.

12 (0.10) Judges of the circuit court and members of the

13 staff of the court designated by the judge.

14 (0.15) An administrative adjudication hearing officer

15 or members of the staff designated to assist in the

16 administrative adjudication process.

17 (1) Any local, State, or federal law enforcement

18 officers or designated law enforcement staff of any

19 jurisdiction or agency when necessary for the discharge of

20 their official duties during the investigation or

21 prosecution of a crime or relating to a minor who has been

22 adjudicated delinquent and there has been a previous

23 finding that the act which constitutes the previous

24 offense was committed in furtherance of criminal

25 activities by a criminal street gang, or, when necessary

26 for the discharge of its official duties in connection

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1 with a particular investigation of the conduct of a law

2 enforcement officer, an independent agency or its staff

3 created by ordinance and charged by a unit of local

4 government with the duty of investigating the conduct of

5 law enforcement officers. For purposes of this Section,

6 "criminal street gang" has the meaning ascribed to it in

7 Section 10 of the Illinois Streetgang Terrorism Omnibus

8 Prevention Act.

9 (2) Prosecutors, public defenders, probation officers,

10 social workers, or other individuals assigned by the court

11 to conduct a pre-adjudication or pre-disposition

12 investigation, and individuals responsible for supervising

13 or providing temporary or permanent care and custody for

14 minors under the order of the juvenile court, when

15 essential to performing their responsibilities.

16 (3) Federal, State, or local prosecutors, public

17 defenders, probation officers, and designated staff:

18 (a) in the course of a trial when institution of

19 criminal proceedings has been permitted or required

20 under Section 5-805;

21 (b) when institution of criminal proceedings has

22 been permitted or required under Section 5-805 and the

23 minor is the subject of a proceeding to determine the

24 amount of bail;

25 (c) when criminal proceedings have been permitted

26 or required under Section 5-805 and the minor is the

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1 subject of a pre-trial investigation, pre-sentence

2 investigation, fitness hearing, or proceedings on an

3 application for probation; or

4 (d) in the course of prosecution or administrative

5 adjudication of a violation of a traffic, boating, or

6 fish and game law, or a county or municipal ordinance.

7 (4) Adult and Juvenile Prisoner Review Board.

8 (5) Authorized military personnel.

9 (5.5) Employees of the federal government authorized

10 by law.

11 (6) Persons engaged in bona fide research, with the

12 permission of the Presiding Judge and the chief executive

13 of the respective law enforcement agency; provided that

14 publication of such research results in no disclosure of a

15 minor's identity and protects the confidentiality of the

16 minor's record.

17 (7) Department of Children and Family Services child

18 protection investigators acting in their official

19 capacity.

20 (8) The appropriate school official only if the agency

21 or officer believes that there is an imminent threat of

22 physical harm to students, school personnel, or others who

23 are present in the school or on school grounds.

24 (A) Inspection and copying shall be limited to

25 juvenile law enforcement records transmitted to the

26 appropriate school official or officials whom the

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1 school has determined to have a legitimate educational

2 or safety interest by a local law enforcement agency

3 under a reciprocal reporting system established and

4 maintained between the school district and the local

5 law enforcement agency under Section 10-20.14 of the

6 School Code concerning a minor enrolled in a school

7 within the school district who has been arrested or

8 taken into custody for any of the following offenses:

9 (i) any violation of Article 24 of the

10 Criminal Code of 1961 or the Criminal Code of

11 2012;

12 (ii) a violation of the Illinois Controlled

13 Substances Act;

14 (iii) a violation of the Cannabis Control Act;

15 (iv) a forcible felony as defined in Section

16 2-8 of the Criminal Code of 1961 or the Criminal

17 Code of 2012;

18 (v) a violation of the Methamphetamine Control

19 and Community Protection Act;

20 (vi) a violation of Section 1-2 of the

21 Harassing and Obscene Communications Act;

22 (vii) a violation of the Hazing Act; or

23 (viii) a violation of Section 12-1, 12-2,

24 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

25 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

26 Criminal Code of 1961 or the Criminal Code of

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1 2012.

2 The information derived from the juvenile law

3 enforcement records shall be kept separate from and

4 shall not become a part of the official school record

5 of that child and shall not be a public record. The

6 information shall be used solely by the appropriate

7 school official or officials whom the school has

8 determined to have a legitimate educational or safety

9 interest to aid in the proper rehabilitation of the

10 child and to protect the safety of students and

11 employees in the school. If the designated law

12 enforcement and school officials deem it to be in the

13 best interest of the minor, the student may be

14 referred to in-school or community-based social

15 services if those services are available.

16 "Rehabilitation services" may include interventions by

17 school support personnel, evaluation for eligibility

18 for special education, referrals to community-based

19 agencies such as youth services, behavioral healthcare

20 service providers, drug and alcohol prevention or

21 treatment programs, and other interventions as deemed

22 appropriate for the student.

23 (B) Any information provided to appropriate school

24 officials whom the school has determined to have a

25 legitimate educational or safety interest by local law

26 enforcement officials about a minor who is the subject

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1 of a current police investigation that is directly

2 related to school safety shall consist of oral

3 information only, and not written juvenile law

4 enforcement records, and shall be used solely by the

5 appropriate school official or officials to protect

6 the safety of students and employees in the school and

7 aid in the proper rehabilitation of the child. The

8 information derived orally from the local law

9 enforcement officials shall be kept separate from and

10 shall not become a part of the official school record

11 of the child and shall not be a public record. This

12 limitation on the use of information about a minor who

13 is the subject of a current police investigation shall

14 in no way limit the use of this information by

15 prosecutors in pursuing criminal charges arising out

16 of the information disclosed during a police

17 investigation of the minor. For purposes of this

18 paragraph, "investigation" means an official

19 systematic inquiry by a law enforcement agency into

20 actual or suspected criminal activity.

21 (9) Mental health professionals on behalf of the

22 Department of Corrections or the Department of Human

23 Services or prosecutors who are evaluating, prosecuting,

24 or investigating a potential or actual petition brought

25 under the Sexually Violent Persons Commitment Act relating

26 to a person who is the subject of juvenile law enforcement

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1 records or the respondent to a petition brought under the

2 Sexually Violent Persons Commitment Act who is the subject

3 of the juvenile law enforcement records sought. Any

4 juvenile law enforcement records and any information

5 obtained from those juvenile law enforcement records under

6 this paragraph (9) may be used only in sexually violent

7 persons commitment proceedings.

8 (10) The president of a park district. Inspection and

9 copying shall be limited to juvenile law enforcement

10 records transmitted to the president of the park district

11 by the Illinois State Police under Section 8-23 of the

12 Park District Code or Section 16a-5 of the Chicago Park

13 District Act concerning a person who is seeking employment

14 with that park district and who has been adjudicated a

15 juvenile delinquent for any of the offenses listed in

16 subsection (c) of Section 8-23 of the Park District Code

17 or subsection (c) of Section 16a-5 of the Chicago Park

18 District Act.

19 (11) Persons managing and designated to participate in

20 a court diversion program as designated in subsection (6)

21 of Section 5-105.

22 (12) The Public Access Counselor of the Office of the

23 Attorney General, when reviewing juvenile law enforcement

24 records under its powers and duties under the Freedom of

25 Information Act.

26 (13) Collection agencies, contracted or otherwise

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1 engaged by a governmental entity, to collect any debts due

2 and owing to the governmental entity.

3 (B)(1) Except as provided in paragraph (2), no law

4 enforcement officer or other person or agency may knowingly

5 transmit to the Department of Corrections, the Illinois State

6 Police, or the Federal Bureau of Investigation any fingerprint

7 or photograph relating to a minor who has been arrested or

8 taken into custody before his or her 18th birthday, unless the

9 court in proceedings under this Act authorizes the

10 transmission or enters an order under Section 5-805 permitting

11 or requiring the institution of criminal proceedings.

12 (2) Law enforcement officers or other persons or agencies

13 shall transmit to the Illinois State Police copies of

14 fingerprints and descriptions of all minors who have been

15 arrested or taken into custody before their 18th birthday for

16 the offense of unlawful use of weapons under Article 24 of the

17 Criminal Code of 1961 or the Criminal Code of 2012, a Class X

18 or Class 1 felony, a forcible felony as defined in Section 2-8

19 of the Criminal Code of 1961 or the Criminal Code of 2012, or a

20 Class 2 or greater felony under the Cannabis Control Act, the

21 Illinois Controlled Substances Act, the Methamphetamine

22 Control and Community Protection Act, or Chapter 4 of the

23 Illinois Vehicle Code, pursuant to Section 5 of the Criminal

24 Identification Act. Information reported to the Department

25 pursuant to this Section may be maintained with records that

26 the Department files pursuant to Section 2.1 of the Criminal

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1 Identification Act. Nothing in this Act prohibits a law

2 enforcement agency from fingerprinting a minor taken into

3 custody or arrested before his or her 18th birthday for an

4 offense other than those listed in this paragraph (2).

5 (C) The records of law enforcement officers, or of an

6 independent agency created by ordinance and charged by a unit

7 of local government with the duty of investigating the conduct

8 of law enforcement officers, concerning all minors under 18

9 years of age must be maintained separate from the records of

10 arrests and may not be open to public inspection or their

11 contents disclosed to the public. For purposes of obtaining

12 documents under this Section, a civil subpoena is not an order

13 of the court.

14 (1) In cases where the law enforcement, or independent

15 agency, records concern a pending juvenile court case, the

16 party seeking to inspect the records shall provide actual

17 notice to the attorney or guardian ad litem of the minor

18 whose records are sought.

19 (2) In cases where the records concern a juvenile

20 court case that is no longer pending, the party seeking to

21 inspect the records shall provide actual notice to the

22 minor or the minor's parent or legal guardian, and the

23 matter shall be referred to the chief judge presiding over

24 matters pursuant to this Act.

25 (3) In determining whether the records should be

26 available for inspection, the court shall consider the

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1 minor's interest in confidentiality and rehabilitation

2 over the moving party's interest in obtaining the

3 information. Any records obtained in violation of this

4 subsection (C) shall not be admissible in any criminal or

5 civil proceeding, or operate to disqualify a minor from

6 subsequently holding public office or securing employment,

7 or operate as a forfeiture of any public benefit, right,

8 privilege, or right to receive any license granted by

9 public authority.

10 (D) Nothing contained in subsection (C) of this Section

11 shall prohibit the inspection or disclosure to victims and

12 witnesses of photographs contained in the records of law

13 enforcement agencies when the inspection and disclosure is

14 conducted in the presence of a law enforcement officer for the

15 purpose of the identification or apprehension of any person

16 subject to the provisions of this Act or for the investigation

17 or prosecution of any crime.

18 (E) Law enforcement officers, and personnel of an

19 independent agency created by ordinance and charged by a unit

20 of local government with the duty of investigating the conduct

21 of law enforcement officers, may not disclose the identity of

22 any minor in releasing information to the general public as to

23 the arrest, investigation or disposition of any case involving

24 a minor.

25 (F) Nothing contained in this Section shall prohibit law

26 enforcement agencies from communicating with each other by

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1 letter, memorandum, teletype, or intelligence alert bulletin

2 or other means the identity or other relevant information

3 pertaining to a person under 18 years of age if there are

4 reasonable grounds to believe that the person poses a real and

5 present danger to the safety of the public or law enforcement

6 officers. The information provided under this subsection (F)

7 shall remain confidential and shall not be publicly disclosed,

8 except as otherwise allowed by law.

9 (G) Nothing in this Section shall prohibit the right of a

10 Civil Service Commission or appointing authority of any

11 federal government, state, county or municipality examining

12 the character and fitness of an applicant for employment with

13 a law enforcement agency, correctional institution, or fire

14 department from obtaining and examining the records of any law

15 enforcement agency relating to any record of the applicant

16 having been arrested or taken into custody before the

17 applicant's 18th birthday.

18 (G-5) Information identifying victims and alleged victims

19 of sex offenses shall not be disclosed or open to the public

20 under any circumstances. Nothing in this Section shall

21 prohibit the victim or alleged victim of any sex offense from

22 voluntarily disclosing his or her own identity.

23 (H) The changes made to this Section by Public Act 98-61

24 apply to law enforcement records of a minor who has been

25 arrested or taken into custody on or after January 1, 2014 (the

26 effective date of Public Act 98-61).

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1 (H-5) Nothing in this Section shall require any court or

2 adjudicative proceeding for traffic, boating, fish and game

3 law, or municipal and county ordinance violations to be closed

4 to the public.

5 (I) Willful violation of this Section is a Class C

6 misdemeanor and each violation is subject to a fine of $1,000.

7 This subsection (I) shall not apply to the person who is the

8 subject of the record.

9 (J) A person convicted of violating this Section is liable

10 for damages in the amount of $1,000 or actual damages,

11 whichever is greater.

12 (Source: P.A. 102-538, eff. 8-20-21.)

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

14 Sec. 1-7. Confidentiality of juvenile law enforcement and

15 municipal ordinance violation records.

16 (A) All juvenile law enforcement records which have not

17 been expunged are confidential and may never be disclosed to

18 the general public or otherwise made widely available.

19 Juvenile law enforcement records may be obtained only under

20 this Section and Section 1-8 and Part 9 of Article V of this

21 Act, when their use is needed for good cause and with an order

22 from the juvenile court, as required by those not authorized

23 to retain them. Inspection, copying, and disclosure of

24 juvenile law enforcement records maintained by law enforcement

25 agencies or records of municipal ordinance violations

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1 maintained by any State, local, or municipal agency that

2 relate to a minor who has been investigated, arrested, or

3 taken into custody before his or her 18th birthday shall be

4 restricted to the following:

5 (0.05) The minor who is the subject of the juvenile

6 law enforcement record, his or her parents, guardian, and

7 counsel.

8 (0.10) Judges of the circuit court and members of the

9 staff of the court designated by the judge.

10 (0.15) An administrative adjudication hearing officer

11 or members of the staff designated to assist in the

12 administrative adjudication process.

13 (1) Any local, State, or federal law enforcement

14 officers or designated law enforcement staff of any

15 jurisdiction or agency when necessary for the discharge of

16 their official duties during the investigation or

17 prosecution of a crime or relating to a minor who has been

18 adjudicated delinquent and there has been a previous

19 finding that the act which constitutes the previous

20 offense was committed in furtherance of criminal

21 activities by a criminal street gang, or, when necessary

22 for the discharge of its official duties in connection

23 with a particular investigation of the conduct of a law

24 enforcement officer, an independent agency or its staff

25 created by ordinance and charged by a unit of local

26 government with the duty of investigating the conduct of

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1 law enforcement officers. For purposes of this Section,

2 "criminal street gang" has the meaning ascribed to it in

3 Section 10 of the Illinois Streetgang Terrorism Omnibus

4 Prevention Act.

5 (2) Prosecutors, public defenders, probation officers,

6 social workers, or other individuals assigned by the court

7 to conduct a pre-adjudication or pre-disposition

8 investigation, and individuals responsible for supervising

9 or providing temporary or permanent care and custody for

10 minors under the order of the juvenile court, when

11 essential to performing their responsibilities.

12 (3) Federal, State, or local prosecutors, public

13 defenders, probation officers, and designated staff:

14 (a) in the course of a trial when institution of

15 criminal proceedings has been permitted or required

16 under Section 5-805;

17 (b) when institution of criminal proceedings has

18 been permitted or required under Section 5-805 and the

19 minor is the subject of a proceeding to determine the

20 ~~conditions of pretrial release~~ amount of bail;

21 (c) when criminal proceedings have been permitted

22 or required under Section 5-805 and the minor is the

23 subject of a pre-trial investigation, pre-sentence

24 investigation, fitness hearing, or proceedings on an

25 application for probation; or

26 (d) in the course of prosecution or administrative

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1 adjudication of a violation of a traffic, boating, or

2 fish and game law, or a county or municipal ordinance.

3 (4) Adult and Juvenile Prisoner Review Board.

4 (5) Authorized military personnel.

5 (5.5) Employees of the federal government authorized

6 by law.

7 (6) Persons engaged in bona fide research, with the

8 permission of the Presiding Judge and the chief executive

9 of the respective law enforcement agency; provided that

10 publication of such research results in no disclosure of a

11 minor's identity and protects the confidentiality of the

12 minor's record.

13 (7) Department of Children and Family Services child

14 protection investigators acting in their official

15 capacity.

16 (8) The appropriate school official only if the agency

17 or officer believes that there is an imminent threat of

18 physical harm to students, school personnel, or others who

19 are present in the school or on school grounds.

20 (A) Inspection and copying shall be limited to

21 juvenile law enforcement records transmitted to the

22 appropriate school official or officials whom the

23 school has determined to have a legitimate educational

24 or safety interest by a local law enforcement agency

25 under a reciprocal reporting system established and

26 maintained between the school district and the local

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1 law enforcement agency under Section 10-20.14 of the

2 School Code concerning a minor enrolled in a school

3 within the school district who has been arrested or

4 taken into custody for any of the following offenses:

5 (i) any violation of Article 24 of the

6 Criminal Code of 1961 or the Criminal Code of

7 2012;

8 (ii) a violation of the Illinois Controlled

9 Substances Act;

10 (iii) a violation of the Cannabis Control Act;

11 (iv) a forcible felony as defined in Section

12 2-8 of the Criminal Code of 1961 or the Criminal

13 Code of 2012;

14 (v) a violation of the Methamphetamine Control

15 and Community Protection Act;

16 (vi) a violation of Section 1-2 of the

17 Harassing and Obscene Communications Act;

18 (vii) a violation of the Hazing Act; or

19 (viii) a violation of Section 12-1, 12-2,

20 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

21 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

22 Criminal Code of 1961 or the Criminal Code of

23 2012.

24 The information derived from the juvenile law

25 enforcement records shall be kept separate from and

26 shall not become a part of the official school record

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1 of that child and shall not be a public record. The

2 information shall be used solely by the appropriate

3 school official or officials whom the school has

4 determined to have a legitimate educational or safety

5 interest to aid in the proper rehabilitation of the

6 child and to protect the safety of students and

7 employees in the school. If the designated law

8 enforcement and school officials deem it to be in the

9 best interest of the minor, the student may be

10 referred to in-school or community-based social

11 services if those services are available.

12 "Rehabilitation services" may include interventions by

13 school support personnel, evaluation for eligibility

14 for special education, referrals to community-based

15 agencies such as youth services, behavioral healthcare

16 service providers, drug and alcohol prevention or

17 treatment programs, and other interventions as deemed

18 appropriate for the student.

19 (B) Any information provided to appropriate school

20 officials whom the school has determined to have a

21 legitimate educational or safety interest by local law

22 enforcement officials about a minor who is the subject

23 of a current police investigation that is directly

24 related to school safety shall consist of oral

25 information only, and not written juvenile law

26 enforcement records, and shall be used solely by the

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1 appropriate school official or officials to protect

2 the safety of students and employees in the school and

3 aid in the proper rehabilitation of the child. The

4 information derived orally from the local law

5 enforcement officials shall be kept separate from and

6 shall not become a part of the official school record

7 of the child and shall not be a public record. This

8 limitation on the use of information about a minor who

9 is the subject of a current police investigation shall

10 in no way limit the use of this information by

11 prosecutors in pursuing criminal charges arising out

12 of the information disclosed during a police

13 investigation of the minor. For purposes of this

14 paragraph, "investigation" means an official

15 systematic inquiry by a law enforcement agency into

16 actual or suspected criminal activity.

17 (9) Mental health professionals on behalf of the

18 Department of Corrections or the Department of Human

19 Services or prosecutors who are evaluating, prosecuting,

20 or investigating a potential or actual petition brought

21 under the Sexually Violent Persons Commitment Act relating

22 to a person who is the subject of juvenile law enforcement

23 records or the respondent to a petition brought under the

24 Sexually Violent Persons Commitment Act who is the subject

25 of the juvenile law enforcement records sought. Any

26 juvenile law enforcement records and any information

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1 obtained from those juvenile law enforcement records under

2 this paragraph (9) may be used only in sexually violent

3 persons commitment proceedings.

4 (10) The president of a park district. Inspection and

5 copying shall be limited to juvenile law enforcement

6 records transmitted to the president of the park district

7 by the Illinois State Police under Section 8-23 of the

8 Park District Code or Section 16a-5 of the Chicago Park

9 District Act concerning a person who is seeking employment

10 with that park district and who has been adjudicated a

11 juvenile delinquent for any of the offenses listed in

12 subsection (c) of Section 8-23 of the Park District Code

13 or subsection (c) of Section 16a-5 of the Chicago Park

14 District Act.

15 (11) Persons managing and designated to participate in

16 a court diversion program as designated in subsection (6)

17 of Section 5-105.

18 (12) The Public Access Counselor of the Office of the

19 Attorney General, when reviewing juvenile law enforcement

20 records under its powers and duties under the Freedom of

21 Information Act.

22 (13) Collection agencies, contracted or otherwise

23 engaged by a governmental entity, to collect any debts due

24 and owing to the governmental entity.

25 (B)(1) Except as provided in paragraph (2), no law

26 enforcement officer or other person or agency may knowingly

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1 transmit to the Department of Corrections, the Illinois State

2 Police, or the Federal Bureau of Investigation any fingerprint

3 or photograph relating to a minor who has been arrested or

4 taken into custody before his or her 18th birthday, unless the

5 court in proceedings under this Act authorizes the

6 transmission or enters an order under Section 5-805 permitting

7 or requiring the institution of criminal proceedings.

8 (2) Law enforcement officers or other persons or agencies

9 shall transmit to the Illinois State Police copies of

10 fingerprints and descriptions of all minors who have been

11 arrested or taken into custody before their 18th birthday for

12 the offense of unlawful use of weapons under Article 24 of the

13 Criminal Code of 1961 or the Criminal Code of 2012, a Class X

14 or Class 1 felony, a forcible felony as defined in Section 2-8

15 of the Criminal Code of 1961 or the Criminal Code of 2012, or a

16 Class 2 or greater felony under the Cannabis Control Act, the

17 Illinois Controlled Substances Act, the Methamphetamine

18 Control and Community Protection Act, or Chapter 4 of the

19 Illinois Vehicle Code, pursuant to Section 5 of the Criminal

20 Identification Act. Information reported to the Department

21 pursuant to this Section may be maintained with records that

22 the Department files pursuant to Section 2.1 of the Criminal

23 Identification Act. Nothing in this Act prohibits a law

24 enforcement agency from fingerprinting a minor taken into

25 custody or arrested before his or her 18th birthday for an

26 offense other than those listed in this paragraph (2).

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1 (C) The records of law enforcement officers, or of an

2 independent agency created by ordinance and charged by a unit

3 of local government with the duty of investigating the conduct

4 of law enforcement officers, concerning all minors under 18

5 years of age must be maintained separate from the records of

6 arrests and may not be open to public inspection or their

7 contents disclosed to the public. For purposes of obtaining

8 documents under this Section, a civil subpoena is not an order

9 of the court.

10 (1) In cases where the law enforcement, or independent

11 agency, records concern a pending juvenile court case, the

12 party seeking to inspect the records shall provide actual

13 notice to the attorney or guardian ad litem of the minor

14 whose records are sought.

15 (2) In cases where the records concern a juvenile

16 court case that is no longer pending, the party seeking to

17 inspect the records shall provide actual notice to the

18 minor or the minor's parent or legal guardian, and the

19 matter shall be referred to the chief judge presiding over

20 matters pursuant to this Act.

21 (3) In determining whether the records should be

22 available for inspection, the court shall consider the

23 minor's interest in confidentiality and rehabilitation

24 over the moving party's interest in obtaining the

25 information. Any records obtained in violation of this

26 subsection (C) shall not be admissible in any criminal or

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1 civil proceeding, or operate to disqualify a minor from

2 subsequently holding public office or securing employment,

3 or operate as a forfeiture of any public benefit, right,

4 privilege, or right to receive any license granted by

5 public authority.

6 (D) Nothing contained in subsection (C) of this Section

7 shall prohibit the inspection or disclosure to victims and

8 witnesses of photographs contained in the records of law

9 enforcement agencies when the inspection and disclosure is

10 conducted in the presence of a law enforcement officer for the

11 purpose of the identification or apprehension of any person

12 subject to the provisions of this Act or for the investigation

13 or prosecution of any crime.

14 (E) Law enforcement officers, and personnel of an

15 independent agency created by ordinance and charged by a unit

16 of local government with the duty of investigating the conduct

17 of law enforcement officers, may not disclose the identity of

18 any minor in releasing information to the general public as to

19 the arrest, investigation or disposition of any case involving

20 a minor.

21 (F) Nothing contained in this Section shall prohibit law

22 enforcement agencies from communicating with each other by

23 letter, memorandum, teletype, or intelligence alert bulletin

24 or other means the identity or other relevant information

25 pertaining to a person under 18 years of age if there are

26 reasonable grounds to believe that the person poses a real and

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1 present danger to the safety of the public or law enforcement

2 officers. The information provided under this subsection (F)

3 shall remain confidential and shall not be publicly disclosed,

4 except as otherwise allowed by law.

5 (G) Nothing in this Section shall prohibit the right of a

6 Civil Service Commission or appointing authority of any

7 federal government, state, county or municipality examining

8 the character and fitness of an applicant for employment with

9 a law enforcement agency, correctional institution, or fire

10 department from obtaining and examining the records of any law

11 enforcement agency relating to any record of the applicant

12 having been arrested or taken into custody before the

13 applicant's 18th birthday.

14 (G-5) Information identifying victims and alleged victims

15 of sex offenses shall not be disclosed or open to the public

16 under any circumstances. Nothing in this Section shall

17 prohibit the victim or alleged victim of any sex offense from

18 voluntarily disclosing his or her own identity.

19 (H) The changes made to this Section by Public Act 98-61

20 apply to law enforcement records of a minor who has been

21 arrested or taken into custody on or after January 1, 2014 (the

22 effective date of Public Act 98-61).

23 (H-5) Nothing in this Section shall require any court or

24 adjudicative proceeding for traffic, boating, fish and game

25 law, or municipal and county ordinance violations to be closed

26 to the public.

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1 (I) Willful violation of this Section is a Class C

2 misdemeanor and each violation is subject to a fine of $1,000.

3 This subsection (I) shall not apply to the person who is the

4 subject of the record.

5 (J) A person convicted of violating this Section is liable

6 for damages in the amount of $1,000 or actual damages,

7 whichever is greater.

8 (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;

9 revised 10-13-21.)

10 (705 ILCS 405/1-8)

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

12 Sec. 1-8. Confidentiality and accessibility of juvenile

13 court records.

14 (A) A juvenile adjudication shall never be considered a

15 conviction nor shall an adjudicated individual be considered a

16 criminal. Unless expressly allowed by law, a juvenile

17 adjudication shall not operate to impose upon the individual

18 any of the civil disabilities ordinarily imposed by or

19 resulting from conviction. Unless expressly allowed by law,

20 adjudications shall not prejudice or disqualify the individual

21 in any civil service application or appointment, from holding

22 public office, or from receiving any license granted by public

23 authority. All juvenile court records which have not been

24 expunged are sealed and may never be disclosed to the general

25 public or otherwise made widely available. Sealed juvenile

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1 court records may be obtained only under this Section and

2 Section 1-7 and Part 9 of Article V of this Act, when their use

3 is needed for good cause and with an order from the juvenile

4 court. Inspection and copying of juvenile court records

5 relating to a minor who is the subject of a proceeding under

6 this Act shall be restricted to the following:

7 (1) The minor who is the subject of record, his or her

8 parents, guardian, and counsel.

9 (2) Law enforcement officers and law enforcement

10 agencies when such information is essential to executing

11 an arrest or search warrant or other compulsory process,

12 or to conducting an ongoing investigation or relating to a

13 minor who has been adjudicated delinquent and there has

14 been a previous finding that the act which constitutes the

15 previous offense was committed in furtherance of criminal

16 activities by a criminal street gang.

17 Before July 1, 1994, for the purposes of this Section,

18 "criminal street gang" means any ongoing organization,

19 association, or group of 3 or more persons, whether formal

20 or informal, having as one of its primary activities the

21 commission of one or more criminal acts and that has a

22 common name or common identifying sign, symbol or specific

23 color apparel displayed, and whose members individually or

24 collectively engage in or have engaged in a pattern of

25 criminal activity.

26 Beginning July 1, 1994, for purposes of this Section,

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1 "criminal street gang" has the meaning ascribed to it in

2 Section 10 of the Illinois Streetgang Terrorism Omnibus

3 Prevention Act.

4 (3) Judges, hearing officers, prosecutors, public

5 defenders, probation officers, social workers, or other

6 individuals assigned by the court to conduct a

7 pre-adjudication or pre-disposition investigation, and

8 individuals responsible for supervising or providing

9 temporary or permanent care and custody for minors under

10 the order of the juvenile court when essential to

11 performing their responsibilities.

12 (4) Judges, federal, State, and local prosecutors,

13 public defenders, probation officers, and designated

14 staff:

15 (a) in the course of a trial when institution of

16 criminal proceedings has been permitted or required

17 under Section 5-805;

18 (b) when criminal proceedings have been permitted

19 or required under Section 5-805 and a minor is the

20 subject of a proceeding to determine the amount of

21 bail;

22 (c) when criminal proceedings have been permitted

23 or required under Section 5-805 and a minor is the

24 subject of a pre-trial investigation, pre-sentence

25 investigation or fitness hearing, or proceedings on an

26 application for probation; or

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1 (d) when a minor becomes 18 years of age or older,

2 and is the subject of criminal proceedings, including

3 a hearing to determine the amount of bail, a pre-trial

4 investigation, a pre-sentence investigation, a fitness

5 hearing, or proceedings on an application for

6 probation.

7 (5) Adult and Juvenile Prisoner Review Boards.

8 (6) Authorized military personnel.

9 (6.5) Employees of the federal government authorized

10 by law.

11 (7) Victims, their subrogees and legal

12 representatives; however, such persons shall have access

13 only to the name and address of the minor and information

14 pertaining to the disposition or alternative adjustment

15 plan of the juvenile court.

16 (8) Persons engaged in bona fide research, with the

17 permission of the presiding judge of the juvenile court

18 and the chief executive of the agency that prepared the

19 particular records; provided that publication of such

20 research results in no disclosure of a minor's identity

21 and protects the confidentiality of the record.

22 (9) The Secretary of State to whom the Clerk of the

23 Court shall report the disposition of all cases, as

24 required in Section 6-204 of the Illinois Vehicle Code.

25 However, information reported relative to these offenses

26 shall be privileged and available only to the Secretary of

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1 State, courts, and police officers.

2 (10) The administrator of a bonafide substance abuse

3 student assistance program with the permission of the

4 presiding judge of the juvenile court.

5 (11) Mental health professionals on behalf of the

6 Department of Corrections or the Department of Human

7 Services or prosecutors who are evaluating, prosecuting,

8 or investigating a potential or actual petition brought

9 under the Sexually Violent Persons Commitment Act relating

10 to a person who is the subject of juvenile court records or

11 the respondent to a petition brought under the Sexually

12 Violent Persons Commitment Act, who is the subject of

13 juvenile court records sought. Any records and any

14 information obtained from those records under this

15 paragraph (11) may be used only in sexually violent

16 persons commitment proceedings.

17 (12) Collection agencies, contracted or otherwise

18 engaged by a governmental entity, to collect any debts due

19 and owing to the governmental entity.

20 (A-1) Findings and exclusions of paternity entered in

21 proceedings occurring under Article II of this Act shall be

22 disclosed, in a manner and form approved by the Presiding

23 Judge of the Juvenile Court, to the Department of Healthcare

24 and Family Services when necessary to discharge the duties of

25 the Department of Healthcare and Family Services under Article

26 X of the Illinois Public Aid Code.

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1 (B) A minor who is the victim in a juvenile proceeding

2 shall be provided the same confidentiality regarding

3 disclosure of identity as the minor who is the subject of

4 record.

5 (C)(0.1) In cases where the records concern a pending

6 juvenile court case, the requesting party seeking to inspect

7 the juvenile court records shall provide actual notice to the

8 attorney or guardian ad litem of the minor whose records are

9 sought.

10 (0.2) In cases where the juvenile court records concern a

11 juvenile court case that is no longer pending, the requesting

12 party seeking to inspect the juvenile court records shall

13 provide actual notice to the minor or the minor's parent or

14 legal guardian, and the matter shall be referred to the chief

15 judge presiding over matters pursuant to this Act.

16 (0.3) In determining whether juvenile court records should

17 be made available for inspection and whether inspection should

18 be limited to certain parts of the file, the court shall

19 consider the minor's interest in confidentiality and

20 rehabilitation over the requesting party's interest in

21 obtaining the information. The State's Attorney, the minor,

22 and the minor's parents, guardian, and counsel shall at all

23 times have the right to examine court files and records.

24 (0.4) Any records obtained in violation of this Section

25 shall not be admissible in any criminal or civil proceeding,

26 or operate to disqualify a minor from subsequently holding

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1 public office, or operate as a forfeiture of any public

2 benefit, right, privilege, or right to receive any license

3 granted by public authority.

4 (D) Pending or following any adjudication of delinquency

5 for any offense defined in Sections 11-1.20 through 11-1.60 or

6 12-13 through 12-16 of the Criminal Code of 1961 or the

7 Criminal Code of 2012, the victim of any such offense shall

8 receive the rights set out in Sections 4 and 6 of the Bill of

9 Rights for Victims and Witnesses of Violent Crime Act; and the

10 juvenile who is the subject of the adjudication,

11 notwithstanding any other provision of this Act, shall be

12 treated as an adult for the purpose of affording such rights to

13 the victim.

14 (E) Nothing in this Section shall affect the right of a

15 Civil Service Commission or appointing authority of the

16 federal government, or any state, county, or municipality

17 examining the character and fitness of an applicant for

18 employment with a law enforcement agency, correctional

19 institution, or fire department to ascertain whether that

20 applicant was ever adjudicated to be a delinquent minor and,

21 if so, to examine the records of disposition or evidence which

22 were made in proceedings under this Act.

23 (F) Following any adjudication of delinquency for a crime

24 which would be a felony if committed by an adult, or following

25 any adjudication of delinquency for a violation of Section

26 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012, the State's Attorney shall ascertain

2 whether the minor respondent is enrolled in school and, if so,

3 shall provide a copy of the dispositional order to the

4 principal or chief administrative officer of the school.

5 Access to the dispositional order shall be limited to the

6 principal or chief administrative officer of the school and

7 any school counselor designated by him or her.

8 (G) Nothing contained in this Act prevents the sharing or

9 disclosure of information or records relating or pertaining to

10 juveniles subject to the provisions of the Serious Habitual

11 Offender Comprehensive Action Program when that information is

12 used to assist in the early identification and treatment of

13 habitual juvenile offenders.

14 (H) When a court hearing a proceeding under Article II of

15 this Act becomes aware that an earlier proceeding under

16 Article II had been heard in a different county, that court

17 shall request, and the court in which the earlier proceedings

18 were initiated shall transmit, an authenticated copy of the

19 juvenile court record, including all documents, petitions, and

20 orders filed and the minute orders, transcript of proceedings,

21 and docket entries of the court.

22 (I) The Clerk of the Circuit Court shall report to the

23 Illinois State Police, in the form and manner required by the

24 Illinois State Police, the final disposition of each minor who

25 has been arrested or taken into custody before his or her 18th

26 birthday for those offenses required to be reported under

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1 Section 5 of the Criminal Identification Act. Information

2 reported to the Department under this Section may be

3 maintained with records that the Department files under

4 Section 2.1 of the Criminal Identification Act.

5 (J) The changes made to this Section by Public Act 98-61

6 apply to juvenile law enforcement records of a minor who has

7 been arrested or taken into custody on or after January 1, 2014

8 (the effective date of Public Act 98-61).

9 (K) Willful violation of this Section is a Class C

10 misdemeanor and each violation is subject to a fine of $1,000.

11 This subsection (K) shall not apply to the person who is the

12 subject of the record.

13 (L) A person convicted of violating this Section is liable

14 for damages in the amount of $1,000 or actual damages,

15 whichever is greater.

16 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;

17 revised 10-12-21.)

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

19 Sec. 1-8. Confidentiality and accessibility of juvenile

20 court records.

21 (A) A juvenile adjudication shall never be considered a

22 conviction nor shall an adjudicated individual be considered a

23 criminal. Unless expressly allowed by law, a juvenile

24 adjudication shall not operate to impose upon the individual

25 any of the civil disabilities ordinarily imposed by or

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1 resulting from conviction. Unless expressly allowed by law,

2 adjudications shall not prejudice or disqualify the individual

3 in any civil service application or appointment, from holding

4 public office, or from receiving any license granted by public

5 authority. All juvenile court records which have not been

6 expunged are sealed and may never be disclosed to the general

7 public or otherwise made widely available. Sealed juvenile

8 court records may be obtained only under this Section and

9 Section 1-7 and Part 9 of Article V of this Act, when their use

10 is needed for good cause and with an order from the juvenile

11 court. Inspection and copying of juvenile court records

12 relating to a minor who is the subject of a proceeding under

13 this Act shall be restricted to the following:

14 (1) The minor who is the subject of record, his or her

15 parents, guardian, and counsel.

16 (2) Law enforcement officers and law enforcement

17 agencies when such information is essential to executing

18 an arrest or search warrant or other compulsory process,

19 or to conducting an ongoing investigation or relating to a

20 minor who has been adjudicated delinquent and there has

21 been a previous finding that the act which constitutes the

22 previous offense was committed in furtherance of criminal

23 activities by a criminal street gang.

24 Before July 1, 1994, for the purposes of this Section,

25 "criminal street gang" means any ongoing organization,

26 association, or group of 3 or more persons, whether formal

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LRB102 21800 RLC 30920 b

1 or informal, having as one of its primary activities the

2 commission of one or more criminal acts and that has a

3 common name or common identifying sign, symbol or specific

4 color apparel displayed, and whose members individually or

5 collectively engage in or have engaged in a pattern of

6 criminal activity.

7 Beginning July 1, 1994, for purposes of this Section,

8 "criminal street gang" has the meaning ascribed to it in

9 Section 10 of the Illinois Streetgang Terrorism Omnibus

10 Prevention Act.

11 (3) Judges, hearing officers, prosecutors, public

12 defenders, probation officers, social workers, or other

13 individuals assigned by the court to conduct a

14 pre-adjudication or pre-disposition investigation, and

15 individuals responsible for supervising or providing

16 temporary or permanent care and custody for minors under

17 the order of the juvenile court when essential to

18 performing their responsibilities.

19 (4) Judges, federal, State, and local prosecutors,

20 public defenders, probation officers, and designated

21 staff:

22 (a) in the course of a trial when institution of

23 criminal proceedings has been permitted or required

24 under Section 5-805;

25 (b) when criminal proceedings have been permitted

26 or required under Section 5-805 and a minor is the

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LRB102 21800 RLC 30920 b

1 subject of a proceeding to determine the~~conditions of~~

2 ~~pretrial release~~ amount of bail;

3 (c) when criminal proceedings have been permitted

4 or required under Section 5-805 and a minor is the

5 subject of a pre-trial investigation, pre-sentence

6 investigation or fitness hearing, or proceedings on an

7 application for probation; or

8 (d) when a minor becomes 18 years of age or older,

9 and is the subject of criminal proceedings, including

10 a hearing to determine the ~~conditions of pretrial~~

11 ~~release~~ amount of bail, a pre-trial investigation, a

12 pre-sentence investigation, a fitness hearing, or

13 proceedings on an application for probation.

14 (5) Adult and Juvenile Prisoner Review Boards.

15 (6) Authorized military personnel.

16 (6.5) Employees of the federal government authorized

17 by law.

18 (7) Victims, their subrogees and legal

19 representatives; however, such persons shall have access

20 only to the name and address of the minor and information

21 pertaining to the disposition or alternative adjustment

22 plan of the juvenile court.

23 (8) Persons engaged in bona fide research, with the

24 permission of the presiding judge of the juvenile court

25 and the chief executive of the agency that prepared the

26 particular records; provided that publication of such

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LRB102 21800 RLC 30920 b

1 research results in no disclosure of a minor's identity

2 and protects the confidentiality of the record.

3 (9) The Secretary of State to whom the Clerk of the

4 Court shall report the disposition of all cases, as

5 required in Section 6-204 of the Illinois Vehicle Code.

6 However, information reported relative to these offenses

7 shall be privileged and available only to the Secretary of

8 State, courts, and police officers.

9 (10) The administrator of a bonafide substance abuse

10 student assistance program with the permission of the

11 presiding judge of the juvenile court.

12 (11) Mental health professionals on behalf of the

13 Department of Corrections or the Department of Human

14 Services or prosecutors who are evaluating, prosecuting,

15 or investigating a potential or actual petition brought

16 under the Sexually Violent Persons Commitment Act relating

17 to a person who is the subject of juvenile court records or

18 the respondent to a petition brought under the Sexually

19 Violent Persons Commitment Act, who is the subject of

20 juvenile court records sought. Any records and any

21 information obtained from those records under this

22 paragraph (11) may be used only in sexually violent

23 persons commitment proceedings.

24 (12) Collection agencies, contracted or otherwise

25 engaged by a governmental entity, to collect any debts due

26 and owing to the governmental entity.

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LRB102 21800 RLC 30920 b

1 (A-1) Findings and exclusions of paternity entered in

2 proceedings occurring under Article II of this Act shall be

3 disclosed, in a manner and form approved by the Presiding

4 Judge of the Juvenile Court, to the Department of Healthcare

5 and Family Services when necessary to discharge the duties of

6 the Department of Healthcare and Family Services under Article

7 X of the Illinois Public Aid Code.

8 (B) A minor who is the victim in a juvenile proceeding

9 shall be provided the same confidentiality regarding

10 disclosure of identity as the minor who is the subject of

11 record.

12 (C)(0.1) In cases where the records concern a pending

13 juvenile court case, the requesting party seeking to inspect

14 the juvenile court records shall provide actual notice to the

15 attorney or guardian ad litem of the minor whose records are

16 sought.

17 (0.2) In cases where the juvenile court records concern a

18 juvenile court case that is no longer pending, the requesting

19 party seeking to inspect the juvenile court records shall

20 provide actual notice to the minor or the minor's parent or

21 legal guardian, and the matter shall be referred to the chief

22 judge presiding over matters pursuant to this Act.

23 (0.3) In determining whether juvenile court records should

24 be made available for inspection and whether inspection should

25 be limited to certain parts of the file, the court shall

26 consider the minor's interest in confidentiality and

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LRB102 21800 RLC 30920 b

1 rehabilitation over the requesting party's interest in

2 obtaining the information. The State's Attorney, the minor,

3 and the minor's parents, guardian, and counsel shall at all

4 times have the right to examine court files and records.

5 (0.4) Any records obtained in violation of this Section

6 shall not be admissible in any criminal or civil proceeding,

7 or operate to disqualify a minor from subsequently holding

8 public office, or operate as a forfeiture of any public

9 benefit, right, privilege, or right to receive any license

10 granted by public authority.

11 (D) Pending or following any adjudication of delinquency

12 for any offense defined in Sections 11-1.20 through 11-1.60 or

13 12-13 through 12-16 of the Criminal Code of 1961 or the

14 Criminal Code of 2012, the victim of any such offense shall

15 receive the rights set out in Sections 4 and 6 of the Bill of

16 Rights for Victims and Witnesses of Violent Crime Act; and the

17 juvenile who is the subject of the adjudication,

18 notwithstanding any other provision of this Act, shall be

19 treated as an adult for the purpose of affording such rights to

20 the victim.

21 (E) Nothing in this Section shall affect the right of a

22 Civil Service Commission or appointing authority of the

23 federal government, or any state, county, or municipality

24 examining the character and fitness of an applicant for

25 employment with a law enforcement agency, correctional

26 institution, or fire department to ascertain whether that

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LRB102 21800 RLC 30920 b

1 applicant was ever adjudicated to be a delinquent minor and,

2 if so, to examine the records of disposition or evidence which

3 were made in proceedings under this Act.

4 (F) Following any adjudication of delinquency for a crime

5 which would be a felony if committed by an adult, or following

6 any adjudication of delinquency for a violation of Section

7 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

8 Criminal Code of 2012, the State's Attorney shall ascertain

9 whether the minor respondent is enrolled in school and, if so,

10 shall provide a copy of the dispositional order to the

11 principal or chief administrative officer of the school.

12 Access to the dispositional order shall be limited to the

13 principal or chief administrative officer of the school and

14 any school counselor designated by him or her.

15 (G) Nothing contained in this Act prevents the sharing or

16 disclosure of information or records relating or pertaining to

17 juveniles subject to the provisions of the Serious Habitual

18 Offender Comprehensive Action Program when that information is

19 used to assist in the early identification and treatment of

20 habitual juvenile offenders.

21 (H) When a court hearing a proceeding under Article II of

22 this Act becomes aware that an earlier proceeding under

23 Article II had been heard in a different county, that court

24 shall request, and the court in which the earlier proceedings

25 were initiated shall transmit, an authenticated copy of the

26 juvenile court record, including all documents, petitions, and

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LRB102 21800 RLC 30920 b

1 orders filed and the minute orders, transcript of proceedings,

2 and docket entries of the court.

3 (I) The Clerk of the Circuit Court shall report to the

4 Illinois State Police, in the form and manner required by the

5 Illinois State Police, the final disposition of each minor who

6 has been arrested or taken into custody before his or her 18th

7 birthday for those offenses required to be reported under

8 Section 5 of the Criminal Identification Act. Information

9 reported to the Department under this Section may be

10 maintained with records that the Department files under

11 Section 2.1 of the Criminal Identification Act.

12 (J) The changes made to this Section by Public Act 98-61

13 apply to juvenile law enforcement records of a minor who has

14 been arrested or taken into custody on or after January 1, 2014

15 (the effective date of Public Act 98-61).

16 (K) Willful violation of this Section is a Class C

17 misdemeanor and each violation is subject to a fine of $1,000.

18 This subsection (K) shall not apply to the person who is the

19 subject of the record.

20 (L) A person convicted of violating this Section is liable

21 for damages in the amount of $1,000 or actual damages,

22 whichever is greater.

23 (Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;

24 102-538, eff. 8-20-21; revised 10-12-21.)

25 (705 ILCS 405/5-150)

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1 Sec. 5-150. Admissibility of evidence and adjudications in

2 other proceedings.

3 (1) Evidence and adjudications in proceedings under this

4 Act shall be admissible:

5 (a) in subsequent proceedings under this Act

6 concerning the same minor; or

7 (b) in criminal proceedings when the court is to

8 determine the ~~conditions of pretrial release~~ amount of

9 bail, fitness of the defendant or in sentencing under the

10 Unified Code of Corrections; or

11 (c) in proceedings under this Act or in criminal

12 proceedings in which anyone who has been adjudicated

13 delinquent under Section 5-105 is to be a witness

14 including the minor or defendant if he or she testifies,

15 and then only for purposes of impeachment and pursuant to

16 the rules of evidence for criminal trials; or

17 (d) in civil proceedings concerning causes of action

18 arising out of the incident or incidents which initially

19 gave rise to the proceedings under this Act.

20 (2) No adjudication or disposition under this Act shall

21 operate to disqualify a minor from subsequently holding public

22 office nor shall operate as a forfeiture of any right,

23 privilege or right to receive any license granted by public

24 authority.

25 (3) The court which adjudicated that a minor has committed

26 any offense relating to motor vehicles prescribed in Sections

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1 4-102 and 4-103 of the Illinois Vehicle Code shall notify the

2 Secretary of State of that adjudication and the notice shall

3 constitute sufficient grounds for revoking that minor's

4 driver's license or permit as provided in Section 6-205 of the

5 Illinois Vehicle Code; no minor shall be considered a criminal

6 by reason thereof, nor shall any such adjudication be

7 considered a conviction.

8 (Source: P.A. 90-590, eff. 1-1-99; 101-652.)

9 Section 205. The Criminal Code of 2012 is amended by

10 changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as

11 follows:

12 (720 ILCS 5/26.5-5)

13 Sec. 26.5-5. Sentence.

14 (a) Except as provided in subsection (b), a person who

15 violates any of the provisions of Section 26.5-1, 26.5-2, or

16 26.5-3 of this Article is guilty of a Class B misdemeanor.

17 Except as provided in subsection (b), a second or subsequent

18 violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article

19 is a Class A misdemeanor, for which the court shall impose a

20 minimum of 14 days in jail or, if public or community service

21 is established in the county in which the offender was

22 convicted, 240 hours of public or community service.

23 (b) In any of the following circumstances, a person who

24 violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article

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1 shall be guilty of a Class 4 felony:

2 (1) The person has 3 or more prior violations in the

3 last 10 years of harassment by telephone, harassment

4 through electronic communications, or any similar offense

5 of any other state;

6 (2) The person has previously violated the harassment

7 by telephone provisions, or the harassment through

8 electronic communications provisions, or committed any

9 similar offense in any other state with the same victim or

10 a member of the victim's family or household;

11 (3) At the time of the offense, the offender was under

12 conditions of ~~pretrial release~~ bail, probation,

13 conditional discharge, mandatory supervised release or was

14 the subject of an order of protection, in this or any other

15 state, prohibiting contact with the victim or any member

16 of the victim's family or household;

17 (4) In the course of the offense, the offender

18 threatened to kill the victim or any member of the

19 victim's family or household;

20 (5) The person has been convicted in the last 10 years

21 of a forcible felony as defined in Section 2-8 of the

22 Criminal Code of 1961 or the Criminal Code of 2012;

23 (6) The person violates paragraph (5) of Section

24 26.5-2 or paragraph (4) of Section 26.5-3; or

25 (7) The person was at least 18 years of age at the time

26 of the commission of the offense and the victim was under

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1 18 years of age at the time of the commission of the

2 offense.

3 (c) The court may order any person convicted under this

4 Article to submit to a psychiatric examination.

5 (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;

6 101-652.)

7 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)

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

9 Sec. 31-1. Resisting or obstructing a peace officer,

10 firefighter, or correctional institution employee.

11 (a) A person who knowingly resists or obstructs the

12 performance by one known to the person to be a peace officer,

13 firefighter, or correctional institution employee of any

14 authorized act within his or her official capacity commits a

15 Class A misdemeanor.

16 (a-5) In addition to any other sentence that may be

17 imposed, a court shall order any person convicted of resisting

18 or obstructing a peace officer, firefighter, or correctional

19 institution employee to be sentenced to a minimum of 48

20 consecutive hours of imprisonment or ordered to perform

21 community service for not less than 100 hours as may be

22 determined by the court. The person shall not be eligible for

23 probation in order to reduce the sentence of imprisonment or

24 community service.

25 (a-7) A person convicted for a violation of this Section

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1 whose violation was the proximate cause of an injury to a peace

2 officer, firefighter, or correctional institution employee is

3 guilty of a Class 4 felony.

4 (b) For purposes of this Section, "correctional

5 institution employee" means any person employed to supervise

6 and control inmates incarcerated in a penitentiary, State

7 farm, reformatory, prison, jail, house of correction, police

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

9 for the incarceration or custody of persons under sentence for

10 offenses or awaiting trial or sentence for offenses, under

11 arrest for an offense, a violation of probation, a violation

12 of parole, a violation of aftercare release, a violation of

13 mandatory supervised release, or awaiting a bail setting

14 hearing or preliminary hearing, or who are sexually dangerous

15 persons or who are sexually violent persons; and "firefighter"

16 means any individual, either as an employee or volunteer, of a

17 regularly constituted fire department of a municipality or

18 fire protection district who performs fire fighting duties,

19 including, but not limited to, the fire chief, assistant fire

20 chief, captain, engineer, driver, ladder person, hose person,

21 pipe person, and any other member of a regularly constituted

22 fire department. "Firefighter" also means a person employed by

23 the Office of the State Fire Marshal to conduct arson

24 investigations.

25 (c) It is an affirmative defense to a violation of this

26 Section if a person resists or obstructs the performance of

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1 one known by the person to be a firefighter by returning to or

2 remaining in a dwelling, residence, building, or other

3 structure to rescue or to attempt to rescue any person.

4 (Source: P.A. 98-558, eff. 1-1-14.)

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

6 Sec. 31-1. Resisting or obstructing a peace officer,

7 firefighter, or correctional institution employee.

8 (a) A person who knowingly resists or obstructs the

9 performance by one known to the person to be a peace officer,

10 firefighter, or correctional institution employee of any

11 authorized act within his or her official capacity commits a

12 Class A misdemeanor.

13 (a-5) In addition to any other sentence that may be

14 imposed, a court shall order any person convicted of resisting

15 or obstructing a peace officer, firefighter, or correctional

16 institution employee to be sentenced to a minimum of 48

17 consecutive hours of imprisonment or ordered to perform

18 community service for not less than 100 hours as may be

19 determined by the court. The person shall not be eligible for

20 probation in order to reduce the sentence of imprisonment or

21 community service.

22 (a-7) A person convicted for a violation of this Section

23 whose violation was the proximate cause of an injury to a peace

24 officer, firefighter, or correctional institution employee is

25 guilty of a Class 4 felony.

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1 (b) For purposes of this Section, "correctional

2 institution employee" means any person employed to supervise

3 and control inmates incarcerated in a penitentiary, State

4 farm, reformatory, prison, jail, house of correction, police

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

6 for the incarceration or custody of persons under sentence for

7 offenses or awaiting trial or sentence for offenses, under

8 arrest for an offense, a violation of probation, a violation

9 of parole, a violation of aftercare release, a violation of

10 mandatory supervised release, or awaiting abail setting

11 hearing or preliminary hearing ~~on setting the conditions of~~

12 ~~pretrial release~~, or who are sexually dangerous persons or who

13 are sexually violent persons; and "firefighter" means any

14 individual, either as an employee or volunteer, of a regularly

15 constituted fire department of a municipality or fire

16 protection district who performs fire fighting duties,

17 including, but not limited to, the fire chief, assistant fire

18 chief, captain, engineer, driver, ladder person, hose person,

19 pipe person, and any other member of a regularly constituted

20 fire department. "Firefighter" also means a person employed by

21 the Office of the State Fire Marshal to conduct arson

22 investigations.

23 (c) It is an affirmative defense to a violation of this

24 Section if a person resists or obstructs the performance of

25 one known by the person to be a firefighter by returning to or

26 remaining in a dwelling, residence, building, or other

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1 structure to rescue or to attempt to rescue any person.

2 ~~(d) A person shall not be subject to arrest under this~~

3 ~~Section unless there is an underlying offense for which the~~

4 ~~person was initially subject to arrest.~~

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

6 (720 ILCS 5/31A-0.1)

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

8 Article:

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

10 attempted transfer of possession of an item of contraband,

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

12 agency relationship.

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

14 or employee of a penal institution or of the governing

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

16 services for the penal institution pursuant to contract with

17 the penal institution or its governing authority.

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

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

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

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

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

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

24 in the Illinois Controlled Substances Act.

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

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1 the Illinois Controlled Substances Act or the

2 Methamphetamine Control and Community Protection Act.

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

4 instrument adapted for use of controlled substances or

5 cannabis by subcutaneous injection.

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

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

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

9 includes any of the devices or implements designated in

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

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

12 like character.

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

14 known, which is designed to expel a projectile or

15 projectiles by the action of an explosion, expansion of

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

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

18 which expels a single globular projectile not

19 exceeding .18 inch in diameter; or

20 (B) any device used exclusively for signaling or

21 safety and required as recommended by the United

22 States Coast Guard or the Interstate Commerce

23 Commission; or

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

25 stud cartridges, explosive rivets or industrial

26 ammunition; or

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1 (D) any device which is powered by electrical

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

3 or several barbs attached to a length of wire and

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

5 capable of disrupting the person's nervous system in

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

7 normal functioning, commonly referred to as a stun gun

8 or taser.

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

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

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

12 including but not limited to:

13 (A) any ammunition exclusively designed for use

14 with a device used exclusively for signaling or safety

15 and required or recommended by the United States Coast

16 Guard or the Interstate Commerce Commission; or

17 (B) any ammunition designed exclusively for use

18 with a stud or rivet driver or other similar

19 industrial ammunition.

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

21 bombshell, grenade, bottle or other container containing

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

23 purposes such as black powder bombs and Molotov cocktails

24 or artillery projectiles.

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

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

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

2 instrument used to or capable of unlocking or preventing

3 from locking any handcuff or security restraints, doors to

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

5 institution.

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

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

8 capable of cutting through metal.

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

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

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

12 cellular communications equipment, including, but not

13 limited to, cellular telephones, cellular telephone

14 batteries, videotape recorders, pagers, computers, and

15 computer peripheral equipment brought into or possessed in

16 a penal institution without the written authorization of

17 the Chief Administrative Officer. "Electronic contraband"

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

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

20 recording device, computer, or cellular communications

21 equipment, including, but not limited to, cellular

22 telephones, cellular telephone batteries, videotape

23 recorders, pagers, computers, and computer peripheral

24 equipment.

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

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

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

2 for the incarceration or custody of persons under sentence for

3 offenses awaiting trial or sentence for offenses, under arrest

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

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

6 mandatory supervised release, or awaiting abail setting

7 hearing ~~on the setting of conditions of pretrial release~~ or

8 preliminary hearing; provided that where the place for

9 incarceration or custody is housed within another public

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

11 building unrelated to the incarceration or custody of persons.

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

13 101-652.)

14 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)

15 Sec. 32-10. Violation of ~~conditions of pretrial release~~

16 bail bond.

17 (a) Whoever, having been ~~released pretrial under~~

18 ~~conditions~~ admitted to bailfor appearance before any court of

19 this State, incurs a ~~violation of conditions of pretrial~~

20 ~~release~~ forfeiture of the bail and knowingly fails to

21 surrender himself or herself within 30 days following the date

22 of the ~~violation~~ forfeiture, commits, if the~~conditions of~~

23 ~~pretrial release~~ bail was given in connection with a charge of

24 felony or pending appeal or certiorari after conviction of any

25 offense, a felony of the next lower Class or a Class A

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1 misdemeanor if the underlying offense was a Class 4 felony ~~. If~~

2 ~~the violation of pretrial conditions were made~~ ; or, if the

3 bail was givenin connection with a charge of committing a

4 misdemeanor, or for appearance as a witness, commits a

5 misdemeanor of the next lower Class, but not less than a Class

6 C misdemeanor.

7 (a-5) Any person who knowingly violates a condition of

8 ~~pretrial release~~ bail bondby possessing a firearm in

9 violation of his or her conditions of ~~pretrial release~~ bail

10 commits a Class 4 felony for a first violation and a Class 3

11 felony for a second or subsequent violation.

12 (b) Whoever, having been ~~released pretrial under~~

13 ~~conditions~~ admitted to bailfor appearance before any court of

14 this State, while charged with a criminal offense in which the

15 victim is a family or household member as defined in Article

16 112A of the Code of Criminal Procedure of 1963, knowingly

17 violates a condition of that release as set forth in Section

18 110-10, subsection (d) of the Code of Criminal Procedure of

19 1963, commits a Class A misdemeanor.

20 (c) Whoever, having been ~~released pretrial under~~

21 ~~conditions~~ admitted to bailfor appearance before any court of

22 this State for a felony, Class A misdemeanor or a criminal

23 offense in which the victim is a family or household member as

24 defined in Article 112A of the Code of Criminal Procedure of

25 1963, is charged with any other felony, Class A misdemeanor,

26 or a criminal offense in which the victim is a family or

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1 household member as defined in Article 112A of the Code of

2 Criminal Procedure of 1963 while on this release, must appear

3 before the court before bail is statutorily set.

4 (d) Nothing in this Section shall interfere with or

5 prevent the exercise by any court of its power to punishment

6 for contempt. Any sentence imposed for violation of this

7 Section ~~may~~ shallbe served consecutive to the sentence

8 imposed for the charge for which ~~pretrial release~~ bail had

9 been granted and with respect to which the defendant has been

10 convicted.

11 (Source: P.A. 97-1108, eff. 1-1-13; 101-652.)

12 (720 ILCS 5/32-15)

13 Sec. 32-15. ~~Pretrial release~~ Bail bond false statement.

14 Any person who in any affidavit, document, schedule or other

15 application to ~~ensure compliance of another with the terms of~~

16 ~~pretrial release~~ become surety or bail for another on any bail

17 bond or recognizance in any civil or criminal proceeding then

18 pending or about to be started against the other person,

19 having taken a lawful oath or made affirmation, shall swear or

20 affirm wilfully, corruptly and falsely as to the~~factors the~~

21 ~~court relied on to approve the conditions of the other~~

22 ~~person's pretrial release~~ ownership or liens or incumbrances

23 upon or the value of any real or personal property alleged to

24 be owned by the person proposed ~~to ensure those conditions~~ as

25 surety or bail, the financial worth or standing of the person

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1 proposed as surety or bail, or as to the number or total

2 penalties of all other bonds or recognizances signed by and

3 standing against the proposed surety or bail, or any person

4 who, having taken a lawful oath or made affirmation, shall

5 testify wilfully, corruptly and falsely as to any of said

6 matters for the purpose of inducing the approval of any such

7 ~~conditions of pretrial release~~ bail bondor recognizance; or

8 for the purpose of justifying on any such ~~conditions of~~

9 ~~pretrial release~~ bail bondor recognizance, or who shall

10 suborn any other person to so swear, affirm or testify as

11 aforesaid, shall be deemed and adjudged guilty of perjury or

12 subornation of perjury (as the case may be) and punished

13 accordingly.

14 (Source: P.A. 97-1108, eff. 1-1-13; 101-652.)

15 Section 210. The Criminal Code of 2012 is amended by

16 changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:

17 (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)

18 Sec. 7-5. Peace officer's use of force in making arrest.

19 (a) A peace officer, or any person whom he has summoned or

20 directed to assist him, need not retreat or desist from

21 efforts to make a lawful arrest because of resistance or

22 threatened resistance to the arrest. He is justified in the

23 use of any force which he reasonably believes~~, based on the~~

24 ~~totality of the circumstances,~~to be necessary to effect the

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1 arrest and of any force which he reasonably believes~~, based on~~

2 ~~the totality of the circumstances,~~ to be necessary to defend

3 himself or another from bodily harm while making the arrest.

4 However, he is justified in using force likely to cause death

5 or great bodily harm only when: (i) he reasonably believes~~,~~

6 ~~based on the totality of the circumstances,~~that such force is

7 necessary to prevent death or great bodily harm to himself or

8 such other person; or (ii) when he reasonably believes~~, based~~

9 ~~on the totality of the circumstances,~~ both that:

10 (1) Such force is necessary to prevent the arrest from

11 being defeated by resistance or escape~~and the officer~~

12 ~~reasonably believes that the person to be arrested is~~

13 ~~likely to cause great bodily harm to another~~; and

14 (2) The person to be arrested committed or attempted a

15 forcible felony which involves the infliction or

16 threatened infliction of great bodily harm or is

17 attempting to escape by use of a deadly weapon, or

18 otherwise indicates that he will endanger human life or

19 inflict great bodily harm unless arrested without delay.

20 ~~As used in this subsection, "retreat" does not mean~~

21 ~~tactical repositioning or other de-escalation tactics.~~

22 ~~A peace officer is not justified in using force likely to~~

23 ~~cause death or great bodily harm when there is no longer an~~

24 ~~imminent threat of great bodily harm to the officer or~~

25 ~~another.~~

26 ~~(a-5) Where feasible, a peace officer shall, prior to the~~

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1 ~~use of force, make reasonable efforts to identify himself or~~

2 ~~herself as a peace officer and to warn that deadly force may be~~

3 ~~used.~~

4 ~~(a-10) A peace officer shall not use deadly force against~~

5 ~~a person based on the danger that the person poses to himself~~

6 ~~or herself if an reasonable officer would believe the person~~

7 ~~does not pose an imminent threat of death or great bodily harm~~

8 ~~to the peace officer or to another person.~~

9 ~~(a-15) A peace officer shall not use deadly force against~~

10 ~~a person who is suspected of committing a property offense,~~

11 ~~unless that offense is terrorism or unless deadly force is~~

12 ~~otherwise authorized by law.~~

13 ~~(b) A peace officer making an arrest pursuant to an~~

14 ~~invalid warrant is justified in the use of any force which he~~

15 ~~would be justified in using if the warrant were valid, unless~~

16 ~~he knows that the warrant is invalid.~~

17 ~~(c) The authority to use physical force conferred on peace~~

18 ~~officers by this Article is a serious responsibility that~~

19 ~~shall be exercised judiciously and with respect for human~~

20 ~~rights and dignity and for the sanctity of every human life.~~

21 ~~(d) Peace officers shall use deadly force only when~~

22 ~~reasonably necessary in defense of human life. In determining~~

23 ~~whether deadly force is reasonably necessary, officers shall~~

24 ~~evaluate each situation in light of the totality of~~

25 ~~circumstances of each case including but not limited to the~~

26 ~~proximity in time of the use of force to the commission of a~~

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1 ~~forcible felony, and the reasonable feasibility of safely~~

2 ~~apprehending a subject at a later time, and shall use other~~

3 ~~available resources and techniques, if reasonably safe and~~

4 ~~feasible to a reasonable officer.~~

5 ~~(e) The decision by a peace officer to use force shall be~~

6 ~~evaluated carefully and thoroughly, in a manner that reflects~~

7 ~~the gravity of that authority and the serious consequences of~~

8 ~~the use of force by peace officers, in order to ensure that~~

9 ~~officers use force consistent with law and agency policies.~~

10 ~~(f) The decision by a peace officer to use force shall be~~

11 ~~evaluated from the perspective of a reasonable officer in the~~

12 ~~same situation, based on the totality of the circumstances~~

13 ~~known to or perceived by the officer at the time of the~~

14 ~~decision, rather than with the benefit of hindsight, and that~~

15 ~~the totality of the circumstances shall account for occasions~~

16 ~~when officers may be forced to make quick judgments about~~

17 ~~using force.~~

18 ~~(g) Law enforcement agencies are encouraged to adopt and~~

19 ~~develop policies designed to protect individuals with~~

20 ~~physical, mental health, developmental, or intellectual~~

21 ~~disabilities, or individuals who are significantly more likely~~

22 ~~to experience greater levels of physical force during police~~

23 ~~interactions, as these disabilities may affect the ability of~~

24 ~~a person to understand or comply with commands from peace~~

25 ~~officers.~~

26 ~~(h) As used in this Section:~~

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1 ~~(1) "Deadly force" means any use of force that creates~~

2 ~~a substantial risk of causing death or great bodily harm,~~

3 ~~including, but not limited to, the discharge of a firearm.~~

4 ~~(2) A threat of death or serious bodily injury is~~

5 ~~"imminent" when, based on the totality of the~~

6 ~~circumstances, a reasonable officer in the same situation~~

7 ~~would believe that a person has the present ability,~~

8 ~~opportunity, and apparent intent to immediately cause~~

9 ~~death or great bodily harm to the peace officer or another~~

10 ~~person. An imminent harm is not merely a fear of future~~

11 ~~harm, no matter how great the fear and no matter how great~~

12 ~~the likelihood of the harm, but is one that, from~~

13 ~~appearances, must be instantly confronted and addressed.~~

14 ~~(3) "Totality of the circumstances" means all facts~~

15 ~~known to the peace officer at the time, or that would be~~

16 ~~known to a reasonable officer in the same situation,~~

17 ~~including the conduct of the officer and the subject~~

18 ~~leading up to the use of deadly force.~~

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

20 revised 8-2-21.)

21 (720 ILCS 5/7-5.5)

22 Sec. 7-5.5. Prohibited use of force by a peace officer.

23 (a) A peace officer~~, or any other person acting under the~~

24 ~~color of law,~~ shall not use a chokehold ~~or restraint above the~~

25 ~~shoulders with risk of asphyxiation~~ in the performance of his

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1 or her duties, unless deadly force is justified under this

2 Article ~~7 of this Code~~.

3 (b) A peace officer~~, or any other person acting under the~~

4 ~~color of law,~~ shall not use a chokehold ~~or restraint above the~~

5 ~~shoulders with risk of asphyxiation~~, or any lesser contact

6 with the throat or neck area of another, in order to prevent

7 the destruction of evidence by ingestion.

8 (c) As used in this Section, "chokehold" means applying

9 any direct pressure to the throat, windpipe, or airway of

10 another with the intent to reduce or prevent the intake of

11 air.. "Chokehold" does not include any holding involving

12 contact with the neck that is not intended to reduce the intake

13 of air such as a headlock where the only pressure applied is to

14 the head.

15 ~~(d) As used in this Section, "restraint above the~~

16 ~~shoulders with risk of positional asphyxiation" means a use of~~

17 ~~a technique used to restrain a person above the shoulders,~~

18 ~~including the neck or head, in a position which interferes~~

19 ~~with the person's ability to breathe after the person no~~

20 ~~longer poses a threat to the officer or any other person.~~

21 ~~(e) A peace officer, or any other person acting under the~~

22 ~~color of law, shall not:~~

23 ~~(i) use force as punishment or retaliation;~~

24 ~~(ii) discharge kinetic impact projectiles and all~~

25 ~~other non-or less-lethal projectiles in a manner that~~

26 ~~targets the head, neck, groin, anterior pelvis, or back;~~

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1 ~~(iii) discharge conducted electrical weapons in a~~

2 ~~manner that targets the head, chest, neck, groin, or~~

3 ~~anterior pelvis;~~

4 ~~(iv) discharge firearms or kinetic impact projectiles~~

5 ~~indiscriminately into a crowd;~~

6 ~~(v) use chemical agents or irritants for crowd~~

7 ~~control, including pepper spray and tear gas, prior to~~

8 ~~issuing an order to disperse in a sufficient manner to~~

9 ~~allow for the order to be heard and repeated if necessary,~~

10 ~~followed by sufficient time and space to allow compliance~~

11 ~~with the order unless providing such time and space would~~

12 ~~unduly place an officer or another person at risk of death~~

13 ~~or great bodily harm; or~~

14 ~~(vi) use chemical agents or irritants, including~~

15 ~~pepper spray and tear gas, prior to issuing an order in a~~

16 ~~sufficient manner to ensure the order is heard, and~~

17 ~~repeated if necessary, to allow compliance with the order~~

18 ~~unless providing such time and space would unduly place an~~

19 ~~officer or another person at risk of death or great bodily~~

20 ~~harm.~~

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

22 revised 8-2-21.)

23 (720 ILCS 5/7-9) (from Ch. 38, par. 7-9)

24 Sec. 7-9. Use of force to prevent escape.

25 (a) A peace officer or other person who has an arrested

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1 person in his custody is justified in the use ofsuch force~~,~~

2 ~~except deadly force,~~to prevent the escape of the arrested

3 person from custody as he would be justified in using if he

4 were arresting such person.

5 (b) A guard or other peace officer is justified in the use

6 of force, including force likely to cause death or great

7 bodily harm,which he reasonably believes to be necessary to

8 prevent the escape from a penal institution of a person whom

9 the officer reasonably believes to be lawfully detained in

10 such institution under sentence for an offense or awaiting

11 trial or commitment for an offense.

12 ~~(c) Deadly force shall not be used to prevent escape under~~

13 ~~this Section unless, based on the totality of the~~

14 ~~circumstances, deadly force is necessary to prevent death or~~

15 ~~great bodily harm to himself or such other person.~~

16 (Source: Laws 1961, p. 1983; P.A. 101-652.)

17 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

18 Sec. 9-1. First degree murder; death penalties;

19 exceptions; separate hearings; proof; findings; appellate

20 procedures; reversals.

21 (a) A person who kills an individual without lawful

22 justification commits first degree murder if, in performing

23 the acts which cause the death:

24 (1) he or she either intends to kill or do great bodily

25 harm to that individual or another, or knows that such

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1 acts will cause death to that individual or another; or

2 (2) he or she knows that such acts create a strong

3 probability of death or great bodily harm to that

4 individual or another; or

5 (3) ~~he or she, acting alone or with one or more~~

6 ~~participants, commits or attempts to commit a forcible~~

7 ~~felony other than second degree murder, and in the course~~

8 ~~of or in furtherance of such crime or flight therefrom, he~~

9 ~~or she or another participant causes the death of a person~~

10 he or she is attempting or committing a forcible felony

11 other than second degree murder.

12 (b) Aggravating Factors. A defendant who at the time of

13 the commission of the offense has attained the age of 18 or

14 more and who has been found guilty of first degree murder may

15 be sentenced to death if:

16 (1) the murdered individual was a peace officer or

17 fireman killed in the course of performing his official

18 duties, to prevent the performance of his or her official

19 duties, or in retaliation for performing his or her

20 official duties, and the defendant knew or should have

21 known that the murdered individual was a peace officer or

22 fireman; or

23 (2) the murdered individual was an employee of an

24 institution or facility of the Department of Corrections,

25 or any similar local correctional agency, killed in the

26 course of performing his or her official duties, to

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1 prevent the performance of his or her official duties, or

2 in retaliation for performing his or her official duties,

3 or the murdered individual was an inmate at such

4 institution or facility and was killed on the grounds

5 thereof, or the murdered individual was otherwise present

6 in such institution or facility with the knowledge and

7 approval of the chief administrative officer thereof; or

8 (3) the defendant has been convicted of murdering two

9 or more individuals under subsection (a) of this Section

10 or under any law of the United States or of any state which

11 is substantially similar to subsection (a) of this Section

12 regardless of whether the deaths occurred as the result of

13 the same act or of several related or unrelated acts so

14 long as the deaths were the result of either an intent to

15 kill more than one person or of separate acts which the

16 defendant knew would cause death or create a strong

17 probability of death or great bodily harm to the murdered

18 individual or another; or

19 (4) the murdered individual was killed as a result of

20 the hijacking of an airplane, train, ship, bus, or other

21 public conveyance; or

22 (5) the defendant committed the murder pursuant to a

23 contract, agreement, or understanding by which he or she

24 was to receive money or anything of value in return for

25 committing the murder or procured another to commit the

26 murder for money or anything of value; or

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1 (6) the murdered individual was killed in the course

2 of another felony if:

3 (a) the murdered individual:

4 (i) was actually killed by the defendant, or

5 (ii) received physical injuries personally

6 inflicted by the defendant substantially

7 contemporaneously with physical injuries caused by

8 one or more persons for whose conduct the

9 defendant is legally accountable under Section 5-2

10 of this Code, and the physical injuries inflicted

11 by either the defendant or the other person or

12 persons for whose conduct he is legally

13 accountable caused the death of the murdered

14 individual; and

15 (b) in performing the acts which caused the death

16 of the murdered individual or which resulted in

17 physical injuries personally inflicted by the

18 defendant on the murdered individual under the

19 circumstances of subdivision (ii) of subparagraph (a)

20 of paragraph (6) of subsection (b) of this Section,

21 the defendant acted with the intent to kill the

22 murdered individual or with the knowledge that his

23 acts created a strong probability of death or great

24 bodily harm to the murdered individual or another; and

25 (c) the other felony was an inherently violent

26 crime or the attempt to commit an inherently violent

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1 crime. In this subparagraph (c), "inherently violent

2 crime" includes, but is not limited to, armed robbery,

3 robbery, predatory criminal sexual assault of a child,

4 aggravated criminal sexual assault, aggravated

5 kidnapping, aggravated vehicular hijacking, aggravated

6 arson, aggravated stalking, residential burglary, and

7 home invasion; or

8 (7) the murdered individual was under 12 years of age

9 and the death resulted from exceptionally brutal or

10 heinous behavior indicative of wanton cruelty; or

11 (8) the defendant committed the murder with intent to

12 prevent the murdered individual from testifying or

13 participating in any criminal investigation or prosecution

14 or giving material assistance to the State in any

15 investigation or prosecution, either against the defendant

16 or another; or the defendant committed the murder because

17 the murdered individual was a witness in any prosecution

18 or gave material assistance to the State in any

19 investigation or prosecution, either against the defendant

20 or another; for purposes of this paragraph (8),

21 "participating in any criminal investigation or

22 prosecution" is intended to include those appearing in the

23 proceedings in any capacity such as trial judges,

24 prosecutors, defense attorneys, investigators, witnesses,

25 or jurors; or

26 (9) the defendant, while committing an offense

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1 punishable under Sections 401, 401.1, 401.2, 405, 405.2,

2 407 or 407.1 or subsection (b) of Section 404 of the

3 Illinois Controlled Substances Act, or while engaged in a

4 conspiracy or solicitation to commit such offense,

5 intentionally killed an individual or counseled,

6 commanded, induced, procured or caused the intentional

7 killing of the murdered individual; or

8 (10) the defendant was incarcerated in an institution

9 or facility of the Department of Corrections at the time

10 of the murder, and while committing an offense punishable

11 as a felony under Illinois law, or while engaged in a

12 conspiracy or solicitation to commit such offense,

13 intentionally killed an individual or counseled,

14 commanded, induced, procured or caused the intentional

15 killing of the murdered individual; or

16 (11) the murder was committed in a cold, calculated

17 and premeditated manner pursuant to a preconceived plan,

18 scheme or design to take a human life by unlawful means,

19 and the conduct of the defendant created a reasonable

20 expectation that the death of a human being would result

21 therefrom; or

22 (12) the murdered individual was an emergency medical

23 technician - ambulance, emergency medical technician -

24 intermediate, emergency medical technician - paramedic,

25 ambulance driver, or other medical assistance or first aid

26 personnel, employed by a municipality or other

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1 governmental unit, killed in the course of performing his

2 official duties, to prevent the performance of his

3 official duties, or in retaliation for performing his

4 official duties, and the defendant knew or should have

5 known that the murdered individual was an emergency

6 medical technician - ambulance, emergency medical

7 technician - intermediate, emergency medical technician -

8 paramedic, ambulance driver, or other medical assistance

9 or first aid personnel; or

10 (13) the defendant was a principal administrator,

11 organizer, or leader of a calculated criminal drug

12 conspiracy consisting of a hierarchical position of

13 authority superior to that of all other members of the

14 conspiracy, and the defendant counseled, commanded,

15 induced, procured, or caused the intentional killing of

16 the murdered person; or

17 (14) the murder was intentional and involved the

18 infliction of torture. For the purpose of this Section

19 torture means the infliction of or subjection to extreme

20 physical pain, motivated by an intent to increase or

21 prolong the pain, suffering or agony of the victim; or

22 (15) the murder was committed as a result of the

23 intentional discharge of a firearm by the defendant from a

24 motor vehicle and the victim was not present within the

25 motor vehicle; or

26 (16) the murdered individual was 60 years of age or

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1 older and the death resulted from exceptionally brutal or

2 heinous behavior indicative of wanton cruelty; or

3 (17) the murdered individual was a person with a

4 disability and the defendant knew or should have known

5 that the murdered individual was a person with a

6 disability. For purposes of this paragraph (17), "person

7 with a disability" means a person who suffers from a

8 permanent physical or mental impairment resulting from

9 disease, an injury, a functional disorder, or a congenital

10 condition that renders the person incapable of adequately

11 providing for his or her own health or personal care; or

12 (18) the murder was committed by reason of any

13 person's activity as a community policing volunteer or to

14 prevent any person from engaging in activity as a

15 community policing volunteer; or

16 (19) the murdered individual was subject to an order

17 of protection and the murder was committed by a person

18 against whom the same order of protection was issued under

19 the Illinois Domestic Violence Act of 1986; or

20 (20) the murdered individual was known by the

21 defendant to be a teacher or other person employed in any

22 school and the teacher or other employee is upon the

23 grounds of a school or grounds adjacent to a school, or is

24 in any part of a building used for school purposes; or

25 (21) the murder was committed by the defendant in

26 connection with or as a result of the offense of terrorism

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1 as defined in Section 29D-14.9 of this Code; or

2 (22) the murdered individual was a member of a

3 congregation engaged in prayer or other religious

4 activities at a church, synagogue, mosque, or other

5 building, structure, or place used for religious worship.

6 (b-5) Aggravating Factor; Natural Life Imprisonment. A

7 defendant who has been found guilty of first degree murder and

8 who at the time of the commission of the offense had attained

9 the age of 18 years or more may be sentenced to natural life

10 imprisonment if (i) the murdered individual was a physician,

11 physician assistant, psychologist, nurse, or advanced practice

12 registered nurse, (ii) the defendant knew or should have known

13 that the murdered individual was a physician, physician

14 assistant, psychologist, nurse, or advanced practice

15 registered nurse, and (iii) the murdered individual was killed

16 in the course of acting in his or her capacity as a physician,

17 physician assistant, psychologist, nurse, or advanced practice

18 registered nurse, or to prevent him or her from acting in that

19 capacity, or in retaliation for his or her acting in that

20 capacity.

21 (c) Consideration of factors in Aggravation and

22 Mitigation.

23 The court shall consider, or shall instruct the jury to

24 consider any aggravating and any mitigating factors which are

25 relevant to the imposition of the death penalty. Aggravating

26 factors may include but need not be limited to those factors

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1 set forth in subsection (b). Mitigating factors may include

2 but need not be limited to the following:

3 (1) the defendant has no significant history of prior

4 criminal activity;

5 (2) the murder was committed while the defendant was

6 under the influence of extreme mental or emotional

7 disturbance, although not such as to constitute a defense

8 to prosecution;

9 (3) the murdered individual was a participant in the

10 defendant's homicidal conduct or consented to the

11 homicidal act;

12 (4) the defendant acted under the compulsion of threat

13 or menace of the imminent infliction of death or great

14 bodily harm;

15 (5) the defendant was not personally present during

16 commission of the act or acts causing death;

17 (6) the defendant's background includes a history of

18 extreme emotional or physical abuse;

19 (7) the defendant suffers from a reduced mental

20 capacity.

21 Provided, however, that an action that does not otherwise

22 mitigate first degree murder cannot qualify as a mitigating

23 factor for first degree murder because of the discovery,

24 knowledge, or disclosure of the victim's sexual orientation as

25 defined in Section 1-103 of the Illinois Human Rights Act.

26 (d) Separate sentencing hearing.

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1 Where requested by the State, the court shall conduct a

2 separate sentencing proceeding to determine the existence of

3 factors set forth in subsection (b) and to consider any

4 aggravating or mitigating factors as indicated in subsection

5 (c). The proceeding shall be conducted:

6 (1) before the jury that determined the defendant's

7 guilt; or

8 (2) before a jury impanelled for the purpose of the

9 proceeding if:

10 A. the defendant was convicted upon a plea of

11 guilty; or

12 B. the defendant was convicted after a trial

13 before the court sitting without a jury; or

14 C. the court for good cause shown discharges the

15 jury that determined the defendant's guilt; or

16 (3) before the court alone if the defendant waives a

17 jury for the separate proceeding.

18 (e) Evidence and Argument.

19 During the proceeding any information relevant to any of

20 the factors set forth in subsection (b) may be presented by

21 either the State or the defendant under the rules governing

22 the admission of evidence at criminal trials. Any information

23 relevant to any additional aggravating factors or any

24 mitigating factors indicated in subsection (c) may be

25 presented by the State or defendant regardless of its

26 admissibility under the rules governing the admission of

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1 evidence at criminal trials. The State and the defendant shall

2 be given fair opportunity to rebut any information received at

3 the hearing.

4 (f) Proof.

5 The burden of proof of establishing the existence of any

6 of the factors set forth in subsection (b) is on the State and

7 shall not be satisfied unless established beyond a reasonable

8 doubt.

9 (g) Procedure - Jury.

10 If at the separate sentencing proceeding the jury finds

11 that none of the factors set forth in subsection (b) exists,

12 the court shall sentence the defendant to a term of

13 imprisonment under Chapter V of the Unified Code of

14 Corrections. If there is a unanimous finding by the jury that

15 one or more of the factors set forth in subsection (b) exist,

16 the jury shall consider aggravating and mitigating factors as

17 instructed by the court and shall determine whether the

18 sentence of death shall be imposed. If the jury determines

19 unanimously, after weighing the factors in aggravation and

20 mitigation, that death is the appropriate sentence, the court

21 shall sentence the defendant to death. If the court does not

22 concur with the jury determination that death is the

23 appropriate sentence, the court shall set forth reasons in

24 writing including what facts or circumstances the court relied

25 upon, along with any relevant documents, that compelled the

26 court to non-concur with the sentence. This document and any

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1 attachments shall be part of the record for appellate review.

2 The court shall be bound by the jury's sentencing

3 determination.

4 If after weighing the factors in aggravation and

5 mitigation, one or more jurors determines that death is not

6 the appropriate sentence, the court shall sentence the

7 defendant to a term of imprisonment under Chapter V of the

8 Unified Code of Corrections.

9 (h) Procedure - No Jury.

10 In a proceeding before the court alone, if the court finds

11 that none of the factors found in subsection (b) exists, the

12 court shall sentence the defendant to a term of imprisonment

13 under Chapter V of the Unified Code of Corrections.

14 If the Court determines that one or more of the factors set

15 forth in subsection (b) exists, the Court shall consider any

16 aggravating and mitigating factors as indicated in subsection

17 (c). If the Court determines, after weighing the factors in

18 aggravation and mitigation, that death is the appropriate

19 sentence, the Court shall sentence the defendant to death.

20 If the court finds that death is not the appropriate

21 sentence, the court shall sentence the defendant to a term of

22 imprisonment under Chapter V of the Unified Code of

23 Corrections.

24 (h-5) Decertification as a capital case.

25 In a case in which the defendant has been found guilty of

26 first degree murder by a judge or jury, or a case on remand for

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1 resentencing, and the State seeks the death penalty as an

2 appropriate sentence, on the court's own motion or the written

3 motion of the defendant, the court may decertify the case as a

4 death penalty case if the court finds that the only evidence

5 supporting the defendant's conviction is the uncorroborated

6 testimony of an informant witness, as defined in Section

7 115-21 of the Code of Criminal Procedure of 1963, concerning

8 the confession or admission of the defendant or that the sole

9 evidence against the defendant is a single eyewitness or

10 single accomplice without any other corroborating evidence. If

11 the court decertifies the case as a capital case under either

12 of the grounds set forth above, the court shall issue a written

13 finding. The State may pursue its right to appeal the

14 decertification pursuant to Supreme Court Rule 604(a)(1). If

15 the court does not decertify the case as a capital case, the

16 matter shall proceed to the eligibility phase of the

17 sentencing hearing.

18 (i) Appellate Procedure.

19 The conviction and sentence of death shall be subject to

20 automatic review by the Supreme Court. Such review shall be in

21 accordance with rules promulgated by the Supreme Court. The

22 Illinois Supreme Court may overturn the death sentence, and

23 order the imposition of imprisonment under Chapter V of the

24 Unified Code of Corrections if the court finds that the death

25 sentence is fundamentally unjust as applied to the particular

26 case. If the Illinois Supreme Court finds that the death

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1 sentence is fundamentally unjust as applied to the particular

2 case, independent of any procedural grounds for relief, the

3 Illinois Supreme Court shall issue a written opinion

4 explaining this finding.

5 (j) Disposition of reversed death sentence.

6 In the event that the death penalty in this Act is held to

7 be unconstitutional by the Supreme Court of the United States

8 or of the State of Illinois, any person convicted of first

9 degree murder shall be sentenced by the court to a term of

10 imprisonment under Chapter V of the Unified Code of

11 Corrections.

12 In the event that any death sentence pursuant to the

13 sentencing provisions of this Section is declared

14 unconstitutional by the Supreme Court of the United States or

15 of the State of Illinois, the court having jurisdiction over a

16 person previously sentenced to death shall cause the defendant

17 to be brought before the court, and the court shall sentence

18 the defendant to a term of imprisonment under Chapter V of the

19 Unified Code of Corrections.

20 (k) Guidelines for seeking the death penalty.

21 The Attorney General and State's Attorneys Association

22 shall consult on voluntary guidelines for procedures governing

23 whether or not to seek the death penalty. The guidelines do not

24 have the force of law and are only advisory in nature.

25 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;

26 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652.)

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1 (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)

2 Sec. 33-3. Official misconduct.

3 (a) A public officer or employee or special government

4 agent commits misconduct when, in his official capacity or

5 capacity as a special government agent, he or she commits any

6 of the following acts:

7 (1) Intentionally or recklessly fails to perform any

8 mandatory duty as required by law; or

9 (2) Knowingly performs an act which he knows he is

10 forbidden by law to perform; or

11 (3) With intent to obtain a personal advantage for

12 himself or another, he performs an act in excess of his

13 lawful authority; or

14 (4) Solicits or knowingly accepts for the performance

15 of any act a fee or reward which he knows is not authorized

16 by law.

17 (b) An employee of a law enforcement agency commits

18 misconduct when he or she knowingly uses or communicates,

19 directly or indirectly, information acquired in the course of

20 employment, with the intent to obstruct, impede, or prevent

21 the investigation, apprehension, or prosecution of any

22 criminal offense or person. Nothing in this subsection (b)

23 shall be construed to impose liability for communicating to a

24 confidential resource, who is participating or aiding law

25 enforcement, in an ongoing investigation.

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1 (c) A public officer or employee or special government

2 agent convicted of violating any provision of this Section

3 forfeits his or her office or employment or position as a

4 special government agent. In addition, he or she commits a

5 Class 3 felony.

6 (d) For purposes of this Section~~:~~

7 ~~"Special~~ , "special government agent" has the meaning

8 ascribed to it in subsection (l) of Section 4A-101 of the

9 Illinois Governmental Ethics Act.

10 (Source: P.A. 98-867, eff. 1-1-15; 101-652.)

11 (720 ILCS 5/7-15 rep.)

12 (720 ILCS 5/7-16 rep.)

13 (720 ILCS 5/33-9 rep.)

14 Section 215. The Criminal Code of 2012 is amended by

15 repealing Sections 7-15, 7-16, and 33-9.

16 Section 220. The Code of Criminal Procedure of 1963 is

17 amended by changing the heading of Article 110 and by changing

18 Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,

19 106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1,

20 110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,

21 110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1,

22 115-4.1, and 122-6 as follows:

23 (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)

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1 Sec. 102-6. ~~Pretrial release~~ "Bail".

2 ~~"Pretrial release"~~ "Bail" ~~has the meaning ascribed to bail~~

3 ~~in Section 9 of Article I of the Illinois Constitution that is~~

4 ~~non-monetary~~ means the amount of money set by the court which

5 is required to be obligated and secured as provided by law for

6 the release of a person in custody in order that he will appear

7 before the court in which his appearance may be required and

8 that he will comply with such conditions as set forth in the

9 bail bond.

10 (Source: Laws 1963, p. 2836; P.A. 101-652.)

11 (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)

12 Sec. 102-7. ~~Conditions of pretrial release~~ "Bail bond".

13 ~~"Conditions of pretrial release"~~ "Bail bond" means ~~the~~

14 ~~conditions established by the court~~ an undertaking secured by

15 bailentered into by a person in custody by which he binds

16 himself to comply with such conditions as are set forth

17 therein.

18 (Source: Laws 1963, p. 2836; P.A. 101-652.)

19 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)

20 Sec. 103-5. Speedy trial.)

21 (a) Every person in custody in this State for an alleged

22 offense shall be tried by the court having jurisdiction within

23 120 days from the date he or she was taken into custody unless

24 delay is occasioned by the defendant, by an examination for

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1 fitness ordered pursuant to Section 104-13 of this Act, by a

2 fitness hearing, by an adjudication of unfitness to stand

3 trial, by a continuance allowed pursuant to Section 114-4 of

4 this Act after a court's determination of the defendant's

5 physical incapacity for trial, or by an interlocutory appeal.

6 Delay shall be considered to be agreed to by the defendant

7 unless he or she objects to the delay by making a written

8 demand for trial or an oral demand for trial on the record. The

9 provisions of this subsection (a) do not apply to a person on

10 ~~pretrial release~~ bailor recognizance for an offense but who

11 is in custody for a violation of his or her parole, aftercare

12 release, or mandatory supervised release for another offense.

13 The 120-day term must be one continuous period of

14 incarceration. In computing the 120-day term, separate periods

15 of incarceration may not be combined. If a defendant is taken

16 into custody a second (or subsequent) time for the same

17 offense, the term will begin again at day zero.

18 (b) Every person on ~~pretrial release~~ bail or recognizance

19 shall be tried by the court having jurisdiction within 160

20 days from the date defendant demands trial unless delay is

21 occasioned by the defendant, by an examination for fitness

22 ordered pursuant to Section 104-13 of this Act, by a fitness

23 hearing, by an adjudication of unfitness to stand trial, by a

24 continuance allowed pursuant to Section 114-4 of this Act

25 after a court's determination of the defendant's physical

26 incapacity for trial, or by an interlocutory appeal. The

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1 defendant's failure to appear for any court date set by the

2 court operates to waive the defendant's demand for trial made

3 under this subsection.

4 For purposes of computing the 160 day period under this

5 subsection (b), every person who was in custody for an alleged

6 offense and demanded trial and is subsequently released on

7 ~~pretrial release~~ bailor recognizance and demands trial, shall

8 be given credit for time spent in custody following the making

9 of the demand while in custody. Any demand for trial made under

10 this subsection (b) shall be in writing; and in the case of a

11 defendant not in custody, the demand for trial shall include

12 the date of any prior demand made under this provision while

13 the defendant was in custody.

14 (c) If the court determines that the State has exercised

15 without success due diligence to obtain evidence material to

16 the case and that there are reasonable grounds to believe that

17 such evidence may be obtained at a later day the court may

18 continue the cause on application of the State for not more

19 than an additional 60 days. If the court determines that the

20 State has exercised without success due diligence to obtain

21 results of DNA testing that is material to the case and that

22 there are reasonable grounds to believe that such results may

23 be obtained at a later day, the court may continue the cause on

24 application of the State for not more than an additional 120

25 days.

26 (d) Every person not tried in accordance with subsections

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1 (a), (b) and (c) of this Section shall be discharged from

2 custody or released from the obligations of his~~pretrial~~

3 ~~release~~ bail or recognizance.

4 (e) If a person is simultaneously in custody upon more

5 than one charge pending against him in the same county, or

6 simultaneously demands trial upon more than one charge pending

7 against him in the same county, he shall be tried, or adjudged

8 guilty after waiver of trial, upon at least one such charge

9 before expiration relative to any of such pending charges of

10 the period prescribed by subsections (a) and (b) of this

11 Section. Such person shall be tried upon all of the remaining

12 charges thus pending within 160 days from the date on which

13 judgment relative to the first charge thus prosecuted is

14 rendered pursuant to the Unified Code of Corrections or, if

15 such trial upon such first charge is terminated without

16 judgment and there is no subsequent trial of, or adjudication

17 of guilt after waiver of trial of, such first charge within a

18 reasonable time, the person shall be tried upon all of the

19 remaining charges thus pending within 160 days from the date

20 on which such trial is terminated; if either such period of 160

21 days expires without the commencement of trial of, or

22 adjudication of guilt after waiver of trial of, any of such

23 remaining charges thus pending, such charge or charges shall

24 be dismissed and barred for want of prosecution unless delay

25 is occasioned by the defendant, by an examination for fitness

26 ordered pursuant to Section 104-13 of this Act, by a fitness

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1 hearing, by an adjudication of unfitness for trial, by a

2 continuance allowed pursuant to Section 114-4 of this Act

3 after a court's determination of the defendant's physical

4 incapacity for trial, or by an interlocutory appeal; provided,

5 however, that if the court determines that the State has

6 exercised without success due diligence to obtain evidence

7 material to the case and that there are reasonable grounds to

8 believe that such evidence may be obtained at a later day the

9 court may continue the cause on application of the State for

10 not more than an additional 60 days.

11 (f) Delay occasioned by the defendant shall temporarily

12 suspend for the time of the delay the period within which a

13 person shall be tried as prescribed by subsections (a), (b),

14 or (e) of this Section and on the day of expiration of the

15 delay the said period shall continue at the point at which it

16 was suspended. Where such delay occurs within 21 days of the

17 end of the period within which a person shall be tried as

18 prescribed by subsections (a), (b), or (e) of this Section,

19 the court may continue the cause on application of the State

20 for not more than an additional 21 days beyond the period

21 prescribed by subsections (a), (b), or (e). This subsection

22 (f) shall become effective on, and apply to persons charged

23 with alleged offenses committed on or after, March 1, 1977.

24 (Source: P.A. 98-558, eff. 1-1-14; 101-652.)

25 (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)

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1 Sec. 103-7. Posting notice of rights.

2 Every sheriff, chief of police or other person who is in

3 charge of any jail, police station or other building where

4 persons under arrest are held in custody pending

5 investigation, ~~pretrial release~~ bail or other criminal

6 proceedings, shall post in every room, other than cells, of

7 such buildings where persons are held in custody, in

8 conspicuous places where it may be seen and read by persons in

9 custody and others, a poster, printed in large type,

10 containing a verbatim copy in the English language of the

11 provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,

12 110-4, and sub-parts (a) and (b) of Sections 110-7 and 113-3 of

13 this Code. Each person who is in charge of any courthouse or

14 other building in which any trial of an offense is conducted

15 shall post in each room primarily used for such trials and in

16 each room in which defendants are confined or wait, pending

17 trial, in conspicuous places where it may be seen and read by

18 persons in custody and others, a poster, printed in large

19 type, containing a verbatim copy in the English language of

20 the provisions of Sections 103-6, 113-1, 113-4 and 115-1 and

21 of subparts (a) and (b) of Section 113-3 of this Code.

22 (Source: Laws 1965, p. 2622; P.A. 101-652.)

23 (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)

24 Sec. 103-9. Bail bondsmen. No bail bondsman from any state

25 may seize or transport unwillingly any person found in this

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1 State who is allegedly in violation of a bail bond posted in

2 some other state ~~or conditions of pretrial release~~. The return

3 of any such person to another state may be accomplished only as

4 provided by the laws of this State. Any bail bondsman who

5 violates this Section is fully subject to the criminal and

6 civil penalties provided by the laws of this State for his

7 actions.

8 (Source: P.A. 84-694; 101-652.)

9 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)

10 Sec. 104-13. Fitness Examination.

11 (a) When the issue of fitness involves the defendant's

12 mental condition, the court shall order an examination of the

13 defendant by one or more licensed physicians, clinical

14 psychologists, or psychiatrists chosen by the court. No

15 physician, clinical psychologist or psychiatrist employed by

16 the Department of Human Services shall be ordered to perform,

17 in his official capacity, an examination under this Section.

18 (b) If the issue of fitness involves the defendant's

19 physical condition, the court shall appoint one or more

20 physicians and in addition, such other experts as it may deem

21 appropriate to examine the defendant and to report to the

22 court regarding the defendant's condition.

23 (c) An examination ordered under this Section shall be

24 given at the place designated by the person who will conduct

25 the examination, except that if the defendant is being held in

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1 custody, the examination shall take place at such location as

2 the court directs. No examinations under this Section shall be

3 ordered to take place at mental health or developmental

4 disabilities facilities operated by the Department of Human

5 Services. If the defendant fails to keep appointments without

6 reasonable cause or if the person conducting the examination

7 reports to the court that diagnosis requires hospitalization

8 or extended observation, the court may order the defendant

9 admitted to an appropriate facility for an examination, other

10 than a screening examination, for not more than 7 days. The

11 court may, upon a showing of good cause, grant an additional 7

12 days to complete the examination.

13 (d) Release on ~~pretrial release~~ bail or on recognizance

14 shall not be revoked and an application therefor shall not be

15 denied on the grounds that an examination has been ordered.

16 (e) Upon request by the defense and if the defendant is

17 indigent, the court may appoint, in addition to the expert or

18 experts chosen pursuant to subsection (a) of this Section, a

19 qualified expert selected by the defendant to examine him and

20 to make a report as provided in Section 104-15. Upon the filing

21 with the court of a verified statement of services rendered,

22 the court shall enter an order on the county board to pay such

23 expert a reasonable fee stated in the order.

24 (Source: P.A. 89-507, eff. 7-1-97; 101-652.)

25 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)

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1 Sec. 104-17. Commitment for treatment; treatment plan.

2 (a) If the defendant is eligible to be or has been released

3 on ~~pretrial release~~ bailor on his own recognizance, the court

4 shall select the least physically restrictive form of

5 treatment therapeutically appropriate and consistent with the

6 treatment plan. The placement may be ordered either on an

7 inpatient or an outpatient basis.

8 (b) If the defendant's disability is mental, the court may

9 order him placed for treatment in the custody of the

10 Department of Human Services, or the court may order him

11 placed in the custody of any other appropriate public or

12 private mental health facility or treatment program which has

13 agreed to provide treatment to the defendant. If the court

14 orders the defendant placed in the custody of the Department

15 of Human Services, the Department shall evaluate the defendant

16 to determine to which secure facility the defendant shall be

17 transported and, within 20 days of the transmittal by the

18 clerk of the circuit court of the placement court order,

19 notify the sheriff of the designated facility. Upon receipt of

20 that notice, the sheriff shall promptly transport the

21 defendant to the designated facility. If the defendant is

22 placed in the custody of the Department of Human Services, the

23 defendant shall be placed in a secure setting. During the

24 period of time required to determine the appropriate placement

25 the defendant shall remain in jail. If during the course of

26 evaluating the defendant for placement, the Department of

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1 Human Services determines that the defendant is currently fit

2 to stand trial, it shall immediately notify the court and

3 shall submit a written report within 7 days. In that

4 circumstance the placement shall be held pending a court

5 hearing on the Department's report. Otherwise, upon completion

6 of the placement process, the sheriff shall be notified and

7 shall transport the defendant to the designated facility. If,

8 within 20 days of the transmittal by the clerk of the circuit

9 court of the placement court order, the Department fails to

10 notify the sheriff of the identity of the facility to which the

11 defendant shall be transported, the sheriff shall contact a

12 designated person within the Department to inquire about when

13 a placement will become available at the designated facility

14 and bed availability at other facilities. If, within 20 days

15 of the transmittal by the clerk of the circuit court of the

16 placement court order, the Department fails to notify the

17 sheriff of the identity of the facility to which the defendant

18 shall be transported, the sheriff shall notify the Department

19 of its intent to transfer the defendant to the nearest secure

20 mental health facility operated by the Department and inquire

21 as to the status of the placement evaluation and availability

22 for admission to such facility operated by the Department by

23 contacting a designated person within the Department. The

24 Department shall respond to the sheriff within 2 business days

25 of the notice and inquiry by the sheriff seeking the transfer

26 and the Department shall provide the sheriff with the status

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1 of the evaluation, information on bed and placement

2 availability, and an estimated date of admission for the

3 defendant and any changes to that estimated date of admission.

4 If the Department notifies the sheriff during the 2 business

5 day period of a facility operated by the Department with

6 placement availability, the sheriff shall promptly transport

7 the defendant to that facility. The placement may be ordered

8 either on an inpatient or an outpatient basis.

9 (c) If the defendant's disability is physical, the court

10 may order him placed under the supervision of the Department

11 of Human Services which shall place and maintain the defendant

12 in a suitable treatment facility or program, or the court may

13 order him placed in an appropriate public or private facility

14 or treatment program which has agreed to provide treatment to

15 the defendant. The placement may be ordered either on an

16 inpatient or an outpatient basis.

17 (d) The clerk of the circuit court shall within 5 days of

18 the entry of the order transmit to the Department, agency or

19 institution, if any, to which the defendant is remanded for

20 treatment, the following:

21 (1) a certified copy of the order to undergo

22 treatment. Accompanying the certified copy of the order to

23 undergo treatment shall be the complete copy of any report

24 prepared under Section 104-15 of this Code or other report

25 prepared by a forensic examiner for the court;

26 (2) the county and municipality in which the offense

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1 was committed;

2 (3) the county and municipality in which the arrest

3 took place;

4 (4) a copy of the arrest report, criminal charges,

5 arrest record; and

6 (5) all additional matters which the Court directs the

7 clerk to transmit.

8 (e) Within 30 days of entry of an order to undergo

9 treatment, the person supervising the defendant's treatment

10 shall file with the court, the State, and the defense a report

11 assessing the facility's or program's capacity to provide

12 appropriate treatment for the defendant and indicating his

13 opinion as to the probability of the defendant's attaining

14 fitness within a period of time from the date of the finding of

15 unfitness. For a defendant charged with a felony, the period

16 of time shall be one year. For a defendant charged with a

17 misdemeanor, the period of time shall be no longer than the

18 sentence if convicted of the most serious offense. If the

19 report indicates that there is a substantial probability that

20 the defendant will attain fitness within the time period, the

21 treatment supervisor shall also file a treatment plan which

22 shall include:

23 (1) A diagnosis of the defendant's disability;

24 (2) A description of treatment goals with respect to

25 rendering the defendant fit, a specification of the

26 proposed treatment modalities, and an estimated timetable

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1 for attainment of the goals;

2 (3) An identification of the person in charge of

3 supervising the defendant's treatment.

4 (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18;

5 101-652.)

6 (725 ILCS 5/106D-1)

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

8 Sec. 106D-1. Defendant's appearance by closed circuit

9 television and video conference.

10 (a) Whenever the appearance in person in court, in either

11 a civil or criminal proceeding, is required of anyone held in a

12 place of custody or confinement operated by the State or any of

13 its political subdivisions, including counties and

14 municipalities, the chief judge of the circuit by rule may

15 permit the personal appearance to be made by means of two-way

16 audio-visual communication, including closed circuit

17 television and computerized video conference, in the following

18 proceedings:

19 (1) the initial appearance before a judge on a

20 criminal complaint, at which bail will be set;

21 (2) the waiver of a preliminary hearing;

22 (3) the arraignment on an information or indictment at

23 which a plea of not guilty will be entered;

24 (4) the presentation of a jury waiver;

25 (5) any status hearing;

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1 (6) any hearing conducted under the Sexually Violent

2 Persons Commitment Act at which no witness testimony will

3 be taken; and

4 (7) at any hearing at which no witness testimony will

5 be taken conducted under the following:

6 (A) Section 104-20 of this Code (90-day hearings);

7 (B) Section 104-22 of this Code (trial with

8 special provisions and assistance);

9 (C) Section 104-25 of this Code (discharge

10 hearing); or

11 (D) Section 5-2-4 of the Unified Code of

12 Corrections (proceedings after acquittal by reason of

13 insanity).

14 (b) The two-way audio-visual communication facilities must

15 provide two-way audio-visual communication between the court

16 and the place of custody or confinement, and must include a

17 secure line over which the person in custody and his or her

18 counsel, if any, may communicate.

19 (c) Nothing in this Section shall be construed to prohibit

20 other court appearances through the use of two-way

21 audio-visual communication, upon waiver of any right the

22 person in custody or confinement may have to be present

23 physically.

24 (d) Nothing in this Section shall be construed to

25 establish a right of any person held in custody or confinement

26 to appear in court through two-way audio-visual communication

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1 or to require that any governmental entity, or place of

2 custody or confinement, provide two-way audio-visual

3 communication.

4 (Source: P.A. 102-486, eff. 8-20-21.)

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

6 Sec. 106D-1. Defendant's appearance by closed circuit

7 television and video conference.

8 (a) Whenever the appearance in person in court, in either

9 a civil or criminal proceeding, is required of anyone held in a

10 place of custody or confinement operated by the State or any of

11 its political subdivisions, including counties and

12 municipalities, the chief judge of the circuit by rule may

13 permit the personal appearance to be made by means of two-way

14 audio-visual communication, including closed circuit

15 television and computerized video conference, in the following

16 proceedings:

17 (1) the initial appearance before a judge on a

18 criminal complaint, at which ~~the conditions of pretrial~~

19 ~~release~~ bail will be set;

20 (2) the waiver of a preliminary hearing;

21 (3) the arraignment on an information or indictment at

22 which a plea of not guilty will be entered;

23 (4) the presentation of a jury waiver;

24 (5) any status hearing;

25 (6) any hearing conducted under the Sexually Violent

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1 Persons Commitment Act at which no witness testimony will

2 be taken; and

3 (7) at any hearing at which no witness testimony will

4 be taken conducted under the following:

5 (A) Section 104-20 of this Code (90-day hearings);

6 (B) Section 104-22 of this Code (trial with

7 special provisions and assistance);

8 (C) Section 104-25 of this Code (discharge

9 hearing); or

10 (D) Section 5-2-4 of the Unified Code of

11 Corrections (proceedings after acquittal by reason of

12 insanity).

13 (b) The two-way audio-visual communication facilities must

14 provide two-way audio-visual communication between the court

15 and the place of custody or confinement, and must include a

16 secure line over which the person in custody and his or her

17 counsel, if any, may communicate.

18 (c) Nothing in this Section shall be construed to prohibit

19 other court appearances through the use of two-way

20 audio-visual communication, upon waiver of any right the

21 person in custody or confinement may have to be present

22 physically.

23 (d) Nothing in this Section shall be construed to

24 establish a right of any person held in custody or confinement

25 to appear in court through two-way audio-visual communication

26 or to require that any governmental entity, or place of

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1 custody or confinement, provide two-way audio-visual

2 communication.

3 (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;

4 revised 10-12-21.)

5 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)

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

7 Sec. 107-4. Arrest by peace officer from other

8 jurisdiction.

9 (a) As used in this Section:

10 (1) "State" means any State of the United States and

11 the District of Columbia.

12 (2) "Peace Officer" means any peace officer or member

13 of any duly organized State, County, or Municipal peace

14 unit, any police force of another State, the United States

15 Department of Defense, or any police force whose members,

16 by statute, are granted and authorized to exercise powers

17 similar to those conferred upon any peace officer employed

18 by a law enforcement agency of this State.

19 (3) "Fresh pursuit" means the immediate pursuit of a

20 person who is endeavoring to avoid arrest.

21 (4) "Law enforcement agency" means a municipal police

22 department or county sheriff's office of this State.

23 (a-3) Any peace officer employed by a law enforcement

24 agency of this State may conduct temporary questioning

25 pursuant to Section 107-14 of this Code and may make arrests in

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1 any jurisdiction within this State: (1) if the officer is

2 engaged in the investigation of criminal activity that

3 occurred in the officer's primary jurisdiction and the

4 temporary questioning or arrest relates to, arises from, or is

5 conducted pursuant to that investigation; or (2) if the

6 officer, while on duty as a peace officer, becomes personally

7 aware of the immediate commission of a felony or misdemeanor

8 violation of the laws of this State; or (3) if the officer,

9 while on duty as a peace officer, is requested by an

10 appropriate State or local law enforcement official to render

11 aid or assistance to the requesting law enforcement agency

12 that is outside the officer's primary jurisdiction; or (4) in

13 accordance with Section 2605-580 of the Illinois State Police

14 Law of the Civil Administrative Code of Illinois. While acting

15 pursuant to this subsection, an officer has the same authority

16 as within his or her own jurisdiction.

17 (a-7) The law enforcement agency of the county or

18 municipality in which any arrest is made under this Section

19 shall be immediately notified of the arrest.

20 (b) Any peace officer of another State who enters this

21 State in fresh pursuit and continues within this State in

22 fresh pursuit of a person in order to arrest him on the ground

23 that he has committed an offense in the other State has the

24 same authority to arrest and hold the person in custody as

25 peace officers of this State have to arrest and hold a person

26 in custody on the ground that he has committed an offense in

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1 this State.

2 (c) If an arrest is made in this State by a peace officer

3 of another State in accordance with the provisions of this

4 Section he shall without unnecessary delay take the person

5 arrested before the circuit court of the county in which the

6 arrest was made. Such court shall conduct a hearing for the

7 purpose of determining the lawfulness of the arrest. If the

8 court determines that the arrest was lawful it shall commit

9 the person arrested, to await for a reasonable time the

10 issuance of an extradition warrant by the Governor of this

11 State, or admit him to bail for such purpose. If the court

12 determines that the arrest was unlawful it shall discharge the

13 person arrested.

14 (Source: P.A. 102-538, eff. 8-20-21.)

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

16 Sec. 107-4. Arrest by peace officer from other

17 jurisdiction.

18 (a) As used in this Section:

19 (1) "State" means any State of the United States and

20 the District of Columbia.

21 (2) "Peace Officer" means any peace officer or member

22 of any duly organized State, County, or Municipal peace

23 unit, any police force of another State, the United States

24 Department of Defense, or any police force whose members,

25 by statute, are granted and authorized to exercise powers

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1 similar to those conferred upon any peace officer employed

2 by a law enforcement agency of this State.

3 (3) "Fresh pursuit" means the immediate pursuit of a

4 person who is endeavoring to avoid arrest.

5 (4) "Law enforcement agency" means a municipal police

6 department or county sheriff's office of this State.

7 (a-3) Any peace officer employed by a law enforcement

8 agency of this State may conduct temporary questioning

9 pursuant to Section 107-14 of this Code and may make arrests in

10 any jurisdiction within this State: (1) if the officer is

11 engaged in the investigation of criminal activity that

12 occurred in the officer's primary jurisdiction and the

13 temporary questioning or arrest relates to, arises from, or is

14 conducted pursuant to that investigation; or (2) if the

15 officer, while on duty as a peace officer, becomes personally

16 aware of the immediate commission of a felony or misdemeanor

17 violation of the laws of this State; or (3) if the officer,

18 while on duty as a peace officer, is requested by an

19 appropriate State or local law enforcement official to render

20 aid or assistance to the requesting law enforcement agency

21 that is outside the officer's primary jurisdiction; or (4) in

22 accordance with Section 2605-580 of the Illinois State Police

23 Law of the Civil Administrative Code of Illinois. While acting

24 pursuant to this subsection, an officer has the same authority

25 as within his or her own jurisdiction.

26 (a-7) The law enforcement agency of the county or

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1 municipality in which any arrest is made under this Section

2 shall be immediately notified of the arrest.

3 (b) Any peace officer of another State who enters this

4 State in fresh pursuit and continues within this State in

5 fresh pursuit of a person in order to arrest him on the ground

6 that he has committed an offense in the other State has the

7 same authority to arrest and hold the person in custody as

8 peace officers of this State have to arrest and hold a person

9 in custody on the ground that he has committed an offense in

10 this State.

11 (c) If an arrest is made in this State by a peace officer

12 of another State in accordance with the provisions of this

13 Section he shall without unnecessary delay take the person

14 arrested before the circuit court of the county in which the

15 arrest was made. Such court shall conduct a hearing for the

16 purpose of determining the lawfulness of the arrest. If the

17 court determines that the arrest was lawful it shall commit

18 the person arrested, to await for a reasonable time the

19 issuance of an extradition warrant by the Governor of this

20 State, or admit him to ~~pretrial release~~ bail for such purpose.

21 If the court determines that the arrest was unlawful it shall

22 discharge the person arrested.

23 (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;

24 revised 10-20-21.)

25 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)

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1 Sec. 107-9. Issuance of arrest warrant upon complaint.

2 (a) When a complaint is presented to a court charging that

3 an offense has been committed it shall examine upon oath or

4 affirmation the complainant or any witnesses.

5 (b) The complaint shall be in writing and shall:

6 (1) State the name of the accused if known, and if not

7 known the accused may be designated by any name or

8 description by which he can be identified with reasonable

9 certainty;

10 (2) State the offense with which the accused is

11 charged;

12 (3) State the time and place of the offense as

13 definitely as can be done by the complainant; and

14 (4) Be subscribed and sworn to by the complainant.

15 (b-5) If an arrest warrant is sought and the request is

16 made by electronic means that has a simultaneous video and

17 audio transmission between the requester and a judge, the

18 judge may issue an arrest warrant based upon a sworn complaint

19 or sworn testimony communicated in the transmission.

20 (c) A warrant shall be issued by the court for the arrest

21 of the person complained against if it appears from the

22 contents of the complaint and the examination of the

23 complainant or other witnesses, if any, that the person

24 against whom the complaint was made has committed an offense.

25 (d) The warrant of arrest shall:

26 (1) Be in writing;

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1 (2) Specify the name, sex and birth date of the person

2 to be arrested or if his name, sex or birth date is

3 unknown, shall designate such person by any name or

4 description by which he can be identified with reasonable

5 certainty;

6 (3) Set forth the nature of the offense;

7 (4) State the date when issued and the municipality or

8 county where issued;

9 (5) Be signed by the judge of the court with the title

10 of his office;

11 (6) Command that the person against whom the complaint

12 was made be arrested and brought before the court issuing

13 the warrant or if he is absent or unable to act before the

14 nearest or most accessible court in the same county;

15 (7) Specify the ~~conditions of pretrial release~~ amount

16 of bail; and

17 (8) Specify any geographical limitation placed on the

18 execution of the warrant, but such limitation shall not be

19 expressed in mileage.

20 (e) The warrant shall be directed to all peace officers in

21 the State. It shall be executed by the peace officer, or by a

22 private person specially named therein, at any location within

23 the geographic limitation for execution placed on the warrant.

24 If no geographic limitation is placed on the warrant, then it

25 may be executed anywhere in the State.

26 (f) The arrest warrant may be issued electronically or

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1 electromagnetically by use of electronic mail or a facsimile

2 transmission machine and any arrest warrant shall have the

3 same validity as a written warrant.

4 (Source: P.A. 101-239, eff. 1-1-20; 101-652.)

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

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

7 ~~custody and court appearance; geographical constraints prevent~~

8 ~~in-person appearances~~.

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

10 ~~offense for which pretrial release may be denied under~~

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

12 without unnecessary delay before the nearest and most

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

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

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

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

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

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

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

20 closed circuit television system, except that a hearing to

21 deny ~~pretrial release~~ bailto the defendant may not be

22 conducted by way of closed circuit television.

23 ~~(a-1) Law enforcement shall issue a citation in lieu of~~

24 ~~custodial arrest, upon proper identification, for those~~

25 ~~accused of traffic and Class B and C criminal misdemeanor~~

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1 ~~offenses, or of petty and business offenses, who pose no~~

2 ~~obvious threat to the community or any person, or who have no~~

3 ~~obvious medical or mental health issues that pose a risk to~~

4 ~~their own safety. Those released on citation shall be~~

5 ~~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 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~~ bail is

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

17 desires counsel for his or her initial appearance but is

18 unable to obtain counsel, the court shall appoint a public

19 defender or licensed attorney at law of this State to

20 represent him or her for purposes of that hearing.

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

22 ~~the~~ The judge shall:

23 (1) ~~inform~~ Inform the defendant of the charge against

24 him and shall provide him with a copy of the charge;

25 (2) ~~advise~~ Advise the defendant of his right to

26 counsel and if indigent shall appoint a public defender or

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1 licensed 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~~ Schedule a preliminary hearing in

5 appropriate cases;

6 (4) ~~admit~~ Admit the defendant to ~~pretrial release~~ bail

7 in accordance with the provisions of Article~~110/5~~ 110 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 the confiscation of the person's passport or

12 impose travel restrictions on a defendant arrested for

13 first degree murder or other violent crime as defined in

14 Section 3 of the Rights of Crime Victims and Witnesses

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

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

17 ensure the appearance of the defendant and compliance by

18 the defendant with all conditions of release.

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

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

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

22 ~~office of this hearing as required in paragraph (2) of~~

23 ~~subsection (b) of the Rights of Crime Victims and Witnesses~~

24 ~~Act and shall be informed of their opportunity at this hearing~~

25 ~~to obtain an order of protection under Article 112A of this~~

26 ~~Code.~~

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

2 criminal proceeding, the court must advise the defendant in

3 open court that any foreign national who is arrested or

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

5 detention given to his or her country's consular

6 representatives and the right to communicate with those

7 consular representatives if the notice has not already been

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

9 the defendant.

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

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

12 court shall grant any reasonable request for a continuance of

13 the proceedings to allow contact with the defendant's

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

15 defendant shall temporarily suspend for the time of the delay

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

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

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

19 continue at the point at which it was suspended.

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

21 ~~are determined, the person charged shall be present in person~~

22 ~~rather than by video phone or any other form of electronic~~

23 ~~communication, unless the physical health and safety of the~~

24 ~~person would be endangered by appearing in court or the~~

25 ~~accused waives the right to be present in person.~~

26 ~~(g) Defense counsel shall be given adequate opportunity to~~

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1 ~~confer with Defendant prior to any hearing in which conditions~~

2 ~~of release or the detention of the Defendant is to be~~

3 ~~considered, with a physical accommodation made to facilitate~~

4 ~~attorney/client consultation.~~

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

6 eff. 1-1-18; 101-652.)

7 (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)

8 Sec. 109-2. Person arrested in another county. (a) Any

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

10 warrant for his arrest was issued shall be taken without

11 unnecessary delay before the nearest and most accessible judge

12 in the county where the arrest was made or, if no additional

13 delay is created, before the nearest and most accessible judge

14 in the county from which the warrant was issued. ~~Upon arrival~~

15 ~~in the county in which the warrant was issued, the status of~~

16 ~~the arrested person's release status shall be determined by~~

17 ~~the release revocation process described in Section 110-6.~~ He

18 shall be admitted to bail in the amount specified in the

19 warrant or, for offenses other than felonies, in an amount as

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

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

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

23 the same person as named in the warrant.

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

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

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

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

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

4 agency shall surrender such person to a law enforcement agency

5 of the county that issued the warrant without unnecessary

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

7 person so arrested.

8 ~~(c) If a defendant is charged with a felony offense, but~~

9 ~~has a warrant in another county, the defendant shall be taken~~

10 ~~to the county that issued the warrant within 72 hours of the~~

11 ~~completion of condition or detention hearing, so that release~~

12 ~~or detention status can be resolved. This provision shall not~~

13 ~~apply to warrants issued outside of Illinois.~~

14 (Source: P.A. 86-298; 101-652.)

15 (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)

16 Sec. 109-3. Preliminary examination.)

17 (a) The judge shall hold the defendant to answer to the

18 court having jurisdiction of the offense if from the evidence

19 it appears there is probable cause to believe an offense has

20 been committed by the defendant, as provided in Section

21 109-3.1 of this Code, if the offense is a felony.

22 (b) If the defendant waives preliminary examination the

23 judge shall hold him to answer and may, or on the demand of the

24 prosecuting attorney shall, cause the witnesses for the State

25 to be examined. After hearing the testimony if it appears that

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1 there is not probable cause to believe the defendant guilty of

2 any offense the judge shall discharge him.

3 (c) During the examination of any witness or when the

4 defendant is making a statement or testifying the judge may

5 and on the request of the defendant or State shall exclude all

6 other witnesses. He may also cause the witnesses to be kept

7 separate and to be prevented from communicating with each

8 other until all are examined.

9 (d) If the defendant is held to answer the judge may

10 require any material witness for the State or defendant to

11 enter into a written undertaking to appear at the trial, and

12 may provide for the forfeiture of a sum certain in the event

13 the witness does not appear at the trial. Any witness who

14 refuses to execute a recognizance may be committed by the

15 judge to the custody of the sheriff until trial or further

16 order of the court having jurisdiction of the cause. Any

17 witness who executes a recognizance and fails to comply with

18 its terms shall, in addition to any forfeiture provided in the

19 recognizance, be subject to the penalty provided in Section

20 32-10 of the Criminal Code of 2012 for violation of ~~the~~

21 ~~conditions of pretrial release~~ bail bond.

22 (e) During preliminary hearing or examination the

23 defendant may move for an order of suppression of evidence

24 pursuant to Section 114-11 or 114-12 of this Act or for other

25 reasons, and may move for dismissal of the charge pursuant to

26 Section 114-1 of this Act or for other reasons.

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1 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

2 (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)

3 Sec. 109-3.1. Persons Charged with Felonies. (a) In any

4 case involving a person charged with a felony in this State,

5 alleged to have been committed on or after January 1, 1984, the

6 provisions of this Section shall apply.

7 (b) Every person in custody in this State for the alleged

8 commission of a felony shall receive either a preliminary

9 examination as provided in Section 109-3 or an indictment by

10 Grand Jury as provided in Section 111-2, within 30 days from

11 the date he or she was taken into custody. Every person on

12 ~~pretrial release~~bail or recognizance for the alleged

13 commission of a felony shall receive either a preliminary

14 examination as provided in Section 109-3 or an indictment by

15 Grand Jury as provided in Section 111-2, within 60 days from

16 the date he or she was arrested.

17 The provisions of this paragraph shall not apply in the

18 following situations:

19 (1) when delay is occasioned by the defendant; or

20 (2) when the defendant has been indicted by the Grand Jury

21 on the felony offense for which he or she was initially taken

22 into custody or on an offense arising from the same

23 transaction or conduct of the defendant that was the basis for

24 the felony offense or offenses initially charged; or

25 (3) when a competency examination is ordered by the court;

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1 or

2 (4) when a competency hearing is held; or

3 (5) when an adjudication of incompetency for trial has

4 been made; or

5 (6) when the case has been continued by the court under

6 Section 114-4 of this Code after a determination that the

7 defendant is physically incompetent to stand trial.

8 (c) Delay occasioned by the defendant shall temporarily

9 suspend, for the time of the delay, the period within which the

10 preliminary examination must be held. On the day of expiration

11 of the delay the period in question shall continue at the point

12 at which it was suspended.

13 (Source: P.A. 83-644; 101-652.)

14 (725 ILCS 5/Art. 110 heading)

15 ARTICLE 110. ~~PRETRIAL RELEASE~~ BAIL

16 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)

17 Sec. 110-1. Definitions. (a) ~~(Blank).~~ "Security" is that

18 which is required to be pledged to insure the payment of bail.

19 (b) "Sureties" encompasses the monetary and nonmonetary

20 requirements set by the court as conditions for release either

21 before or after conviction."Surety" is one who executes a

22 bail bond and binds himself to pay the bail if the person in

23 custody fails to comply with all conditions of the bail bond.

24 (c) The phrase "for which a sentence of imprisonment,

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1 without conditional and revocable release, shall be imposed by

2 law as a consequence of conviction" means an offense for which

3 a sentence of imprisonment, without probation, periodic

4 imprisonment or conditional discharge, is required by law upon

5 conviction.

6 (d) ~~(Blank.)~~ "Real and present threat to the physical

7 safety of any person or persons", as used in this Article,

8 includes a threat to the community, person, persons or class

9 of persons.

10 ~~(e) Willful flight means planning or attempting to~~

11 ~~intentionally evade prosecution by concealing oneself. Simple~~

12 ~~past non-appearance in court alone is not evidence of future~~

13 ~~intent to evade prosecution.~~

14 (Source: P.A. 85-892; 101-652.)

15 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)

16 Sec. 110-2. Release on own recognizance.

17 ~~(a) It is presumed that a defendant is entitled to release~~

18 ~~on personal recognizance on the condition that the defendant~~

19 ~~attend all required court proceedings and the defendant does~~

20 ~~not commit any criminal offense, and complies with all terms~~

21 ~~of pretrial release, including, but not limited to, orders of~~

22 ~~protection under both Section 112A-4 of this Code and Section~~

23 ~~214 of the Illinois Domestic Violence Act of 1986, all civil no~~

24 ~~contact orders, and all stalking no contact orders.~~

25 ~~(b) Additional conditions of release, including those~~

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1 ~~highlighted above, shall be set only when it is determined~~

2 ~~that they are necessary to assure the defendant's appearance~~

3 ~~in court, assure the defendant does not commit any criminal~~

4 ~~offense, and complies with all conditions of pretrial release.~~

5 ~~(c) Detention only shall be imposed when it is determined~~

6 ~~that the defendant poses a specific, real and present threat~~

7 ~~to a person, or has a high likelihood of willful flight. If the~~

8 ~~court deems that the defendant is to be released on personal~~

9 ~~recognizance, the court may require that a written~~

10 ~~admonishment be signed by~~ When from all the circumstances the

11 court is of the opinion that the defendant will appear as

12 required either before or after conviction and the defendant

13 will not pose a danger to any person or the community and that

14 the defendant will comply with all conditions of bond, which

15 shall include the defendant's current address with a written

16 admonishment tothe defendant~~requiring~~ that he or she must

17 comply with the provisions of Section 110-12 of this Code

18 regarding any change in his or her address~~. The~~ , the defendant

19 may be released on his or her own recognizance ~~upon signature~~.

20 The defendant's address shall at all times remain a matter of

21 public record with the clerk of the court. A failure to appear

22 as required by such recognizance shall constitute an offense

23 subject to the penalty provided in Section 32-10 of the

24 Criminal Code of 2012 for violation of the ~~conditions of~~

25 ~~pretrial release~~bail bond, and any obligated sum fixed in the

26 recognizance shall be forfeited and collected in accordance

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1 with subsection (g) of Section 110-7 of this Code.

2 ~~(d) If, after the procedures set out in Section 110-6.1,~~

3 ~~the court decides to detain the defendant, the Court must make~~

4 ~~a written finding as to why less restrictive conditions would~~

5 ~~not assure safety to the community and assure the defendant's~~

6 ~~appearance in court. At each subsequent appearance of the~~

7 ~~defendant before the Court, the judge must find that continued~~

8 ~~detention or the current set of conditions imposed are~~

9 ~~necessary to avoid the specific, real and present threat to~~

10 ~~any person or of willful flight from prosecution to continue~~

11 ~~detention of the defendant. The court is not required to be~~

12 ~~presented with new information or a change in circumstance to~~

13 ~~consider reconsidering pretrial detention on current~~

14 ~~conditions.~~

15 ~~(e)~~ This Section shall be liberally construed to

16 effectuate the purpose of relying upon contempt of court

17 proceedings or criminal sanctions instead of financial loss to

18 assure the appearance of the defendant, and that the defendant

19 will not pose a danger to any person or the community and that

20 the defendant will ~~not pose~~ comply with all conditions of

21 bond. Monetary bail should be set only when it is determined

22 that no other conditions of release will reasonably assure the

23 defendant's appearance in court, that the defendant does not

24 presenta danger to any person or the community and that the

25 defendant will comply with all conditions of~~pretrial release~~

26 bond.

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1 The State may appeal any order permitting release by

2 personal recognizance.

3 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

4 (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)

5 Sec. 110-3. ~~Options for warrant alternatives~~ Issuance of

6 warrant.

7 ~~(a)~~ Upon failure to comply with any condition of ~~pretrial~~

8 ~~release~~ a bail bondor recognizance the court having

9 jurisdiction at the time of such failure may, ~~on its own motion~~

10 ~~or upon motion from the State, issue an order to show cause as~~

11 ~~to why he or she shall not be subject to revocation of pretrial~~

12 ~~release, or for sanctions, as provided in Section 110-6.~~

13 ~~Nothing in this Section prohibits the court from issuing a~~

14 ~~warrant under subsection (c) upon failure to comply with any~~

15 ~~condition of pretrial release or recognizance.~~

16 ~~(b) The order issued by the court shall state the facts~~

17 ~~alleged to constitute the hearing to show cause or otherwise~~

18 ~~why the person is subject to revocation of pretrial release. A~~

19 ~~certified copy of the order shall be served upon the person at~~

20 ~~least 48 hours in advance of the scheduled hearing.~~

21 ~~(c) If the person does not appear at the hearing to show~~

22 ~~cause or absconds, the court may,~~in addition to any other

23 action provided by law, issue a warrant for the arrest of the

24 person at liberty on ~~pretrial release~~ bail or his own

25 recognizance. The contents of such a warrant shall be the same

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1 as required for an arrest warrant issued upon complaint~~and~~

2 ~~may modify any previously imposed conditions placed upon the~~

3 ~~person, rather than revoking pretrial release or issuing a~~

4 ~~warrant for the person in accordance with the requirements in~~

5 ~~subsections (d) and (e) of Section 110-5~~. When a defendant is

6 at liberty on ~~pretrial release~~ bailor his own recognizance on

7 a felony charge and fails to appear in court as directed, the

8 court ~~may~~ shallissue a warrant for the arrest of such person

9 ~~after his or her failure to appear at the show for cause~~

10 ~~hearing as provided in this Section~~. Such warrant shall be

11 noted with a directive to peace officers to arrest the person

12 and hold such person without~~pretrial release~~ bail and to

13 deliver such person before the court for further proceedings.

14 ~~(d) If the order as described in Subsection B is issued, a~~

15 ~~failure to appear shall not be recorded until the Defendant~~

16 ~~fails to appear at the hearing to show cause. For the purpose~~

17 ~~of any risk assessment or future evaluation of risk of willful~~

18 ~~flight or risk of failure to appear, a non-appearance in court~~

19 ~~cured by an appearance at the hearing to show cause shall not~~

20 ~~be considered as evidence of future likelihood appearance in~~

21 ~~court.~~ A defendant who is arrested or surrenders within 30

22 days of the issuance of such warrant shall not be bailable in

23 the case in question unless he shows by the preponderance of

24 the evidence that his failure to appear was not intentional.

25 (Source: P.A. 86-298; 86-984; 86-1028; 101-652.)

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1 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)

2 Sec. 110-4. ~~Pretrial release~~ Bailable Offenses.

3 (a) ~~All persons charged with an offense shall be eligible~~

4 ~~for pretrial release before conviction. Pretrial release may~~

5 ~~only be denied when a person is charged with an offense listed~~

6 ~~in Section 110-6.1 or when the defendant has a high likelihood~~

7 ~~of willful flight, and after the court has held a hearing under~~

8 ~~Section 110-6.1.~~ All persons shall be bailable before

9 conviction, except the following offenses where the proof is

10 evident or the presumption great that the defendant is guilty

11 of the offense: capital offenses; offenses for which a

12 sentence of life imprisonment may be imposed as a consequence

13 of conviction; felony offenses for which a sentence of

14 imprisonment, without conditional and revocable release, shall

15 be imposed by law as a consequence of conviction, where the

16 court after a hearing, determines that the release of the

17 defendant would pose a real and present threat to the physical

18 safety of any person or persons; stalking or aggravated

19 stalking, where the court, after a hearing, determines that

20 the release of the defendant would pose a real and present

21 threat to the physical safety of the alleged victim of the

22 offense and denial of bail is necessary to prevent fulfillment

23 of the threat upon which the charge is based; or unlawful use

24 of weapons in violation of item (4) of subsection (a) of

25 Section 24-1 of the Criminal Code of 1961 or the Criminal Code

26 of 2012 when that offense occurred in a school or in any

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1 conveyance owned, leased, or contracted by a school to

2 transport students to or from school or a school-related

3 activity, or on any public way within 1,000 feet of real

4 property comprising any school, where the court, after a

5 hearing, determines that the release of the defendant would

6 pose a real and present threat to the physical safety of any

7 person and denial of bail is necessary to prevent fulfillment

8 of that threat; or making a terrorist threat in violation of

9 Section 29D-20 of the Criminal Code of 1961 or the Criminal

10 Code of 2012 or an attempt to commit the offense of making a

11 terrorist threat, where the court, after a hearing, determines

12 that the release of the defendant would pose a real and present

13 threat to the physical safety of any person and denial of bail

14 is necessary to prevent fulfillment of that threat.

15 (b) A person seeking ~~pretrial~~ release on bail who is

16 charged with a capital offense or an offense for which a

17 sentence of life imprisonment may be imposed shall not be

18 ~~eligible for release pretrial~~ bailable until a hearing is held

19 wherein such person has the burden of demonstrating that the

20 proof of his guilt is not evident and the presumption is not

21 great.

22 (c) Where it is alleged that ~~pretrial~~ bail should be

23 denied to a person upon the grounds that the person presents a

24 real and present threat to the physical safety of any person or

25 persons, the burden of proof of such allegations shall be upon

26 the State.

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1 (d) When it is alleged that ~~pretrial~~ bail should be denied

2 to a person charged with stalking or aggravated stalking upon

3 the grounds set forth in Section 110-6.3 of this Code, the

4 burden of proof of those allegations shall be upon the State.

5 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

6 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)

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

8 Sec. 110-5. Determining the amount of bail and conditions

9 of release.

10 (a) In determining the amount of monetary bail or

11 conditions of release, if any, which will reasonably assure

12 the appearance of a defendant as required or the safety of any

13 other person or the community and the likelihood of compliance

14 by the defendant with all the conditions of bail, the court

15 shall, on the basis of available information, take into

16 account such matters as the nature and circumstances of the

17 offense charged, whether the evidence shows that as part of

18 the offense there was a use of violence or threatened use of

19 violence, whether the offense involved corruption of public

20 officials or employees, whether there was physical harm or

21 threats of physical harm to any public official, public

22 employee, judge, prosecutor, juror or witness, senior citizen,

23 child, or person with a disability, whether evidence shows

24 that during the offense or during the arrest the defendant

25 possessed or used a firearm, machine gun, explosive or metal

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1 piercing ammunition or explosive bomb device or any military

2 or paramilitary armament, whether the evidence shows that the

3 offense committed was related to or in furtherance of the

4 criminal activities of an organized gang or was motivated by

5 the defendant's membership in or allegiance to an organized

6 gang, the condition of the victim, any written statement

7 submitted by the victim or proffer or representation by the

8 State regarding the impact which the alleged criminal conduct

9 has had on the victim and the victim's concern, if any, with

10 further contact with the defendant if released on bail,

11 whether the offense was based on racial, religious, sexual

12 orientation or ethnic hatred, the likelihood of the filing of

13 a greater charge, the likelihood of conviction, the sentence

14 applicable upon conviction, the weight of the evidence against

15 such defendant, whether there exists motivation or ability to

16 flee, whether there is any verification as to prior residence,

17 education, or family ties in the local jurisdiction, in

18 another county, state or foreign country, the defendant's

19 employment, financial resources, character and mental

20 condition, past conduct, prior use of alias names or dates of

21 birth, and length of residence in the community, the consent

22 of the defendant to periodic drug testing in accordance with

23 Section 110-6.5, whether a foreign national defendant is

24 lawfully admitted in the United States of America, whether the

25 government of the foreign national maintains an extradition

26 treaty with the United States by which the foreign government

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1 will extradite to the United States its national for a trial

2 for a crime allegedly committed in the United States, whether

3 the defendant is currently subject to deportation or exclusion

4 under the immigration laws of the United States, whether the

5 defendant, although a United States citizen, is considered

6 under the law of any foreign state a national of that state for

7 the purposes of extradition or non-extradition to the United

8 States, the amount of unrecovered proceeds lost as a result of

9 the alleged offense, the source of bail funds tendered or

10 sought to be tendered for bail, whether from the totality of

11 the court's consideration, the loss of funds posted or sought

12 to be posted for bail will not deter the defendant from flight,

13 whether the evidence shows that the defendant is engaged in

14 significant possession, manufacture, or delivery of a

15 controlled substance or cannabis, either individually or in

16 consort with others, whether at the time of the offense

17 charged he or she was on bond or pre-trial release pending

18 trial, probation, periodic imprisonment or conditional

19 discharge pursuant to this Code or the comparable Code of any

20 other state or federal jurisdiction, whether the defendant is

21 on bond or pre-trial release pending the imposition or

22 execution of sentence or appeal of sentence for any offense

23 under the laws of Illinois or any other state or federal

24 jurisdiction, whether the defendant is under parole, aftercare

25 release, mandatory supervised release, or work release from

26 the Illinois Department of Corrections or Illinois Department

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1 of Juvenile Justice or any penal institution or corrections

2 department of any state or federal jurisdiction, the

3 defendant's record of convictions, whether the defendant has

4 been convicted of a misdemeanor or ordinance offense in

5 Illinois or similar offense in other state or federal

6 jurisdiction within the 10 years preceding the current charge

7 or convicted of a felony in Illinois, whether the defendant

8 was convicted of an offense in another state or federal

9 jurisdiction that would be a felony if committed in Illinois

10 within the 20 years preceding the current charge or has been

11 convicted of such felony and released from the penitentiary

12 within 20 years preceding the current charge if a penitentiary

13 sentence was imposed in Illinois or other state or federal

14 jurisdiction, the defendant's records of juvenile adjudication

15 of delinquency in any jurisdiction, any record of appearance

16 or failure to appear by the defendant at court proceedings,

17 whether there was flight to avoid arrest or prosecution,

18 whether the defendant escaped or attempted to escape to avoid

19 arrest, whether the defendant refused to identify himself or

20 herself, or whether there was a refusal by the defendant to be

21 fingerprinted as required by law. Information used by the

22 court in its findings or stated in or offered in connection

23 with this Section may be by way of proffer based upon reliable

24 information offered by the State or defendant. All evidence

25 shall be admissible if it is relevant and reliable regardless

26 of whether it would be admissible under the rules of evidence

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LRB102 21800 RLC 30920 b

1 applicable at criminal trials. If the State presents evidence

2 that the offense committed by the defendant was related to or

3 in furtherance of the criminal activities of an organized gang

4 or was motivated by the defendant's membership in or

5 allegiance to an organized gang, and if the court determines

6 that the evidence may be substantiated, the court shall

7 prohibit the defendant from associating with other members of

8 the organized gang as a condition of bail or release. For the

9 purposes of this Section, "organized gang" has the meaning

10 ascribed to it in Section 10 of the Illinois Streetgang

11 Terrorism Omnibus Prevention Act.

12 (a-5) There shall be a presumption that any conditions of

13 release imposed shall be non-monetary in nature and the court

14 shall impose the least restrictive conditions or combination

15 of conditions necessary to reasonably assure the appearance of

16 the defendant for further court proceedings and protect the

17 integrity of the judicial proceedings from a specific threat

18 to a witness or participant. Conditions of release may

19 include, but not be limited to, electronic home monitoring,

20 curfews, drug counseling, stay-away orders, and in-person

21 reporting. The court shall consider the defendant's

22 socio-economic circumstance when setting conditions of release

23 or imposing monetary bail.

24 (b) The amount of bail shall be:

25 (1) Sufficient to assure compliance with the

26 conditions set forth in the bail bond, which shall include

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1 the defendant's current address with a written

2 admonishment to the defendant that he or she must comply

3 with the provisions of Section 110-12 regarding any change

4 in his or her address. The defendant's address shall at

5 all times remain a matter of public record with the clerk

6 of the court.

7 (2) Not oppressive.

8 (3) Considerate of the financial ability of the

9 accused.

10 (4) When a person is charged with a drug related

11 offense involving possession or delivery of cannabis or

12 possession or delivery of a controlled substance as

13 defined in the Cannabis Control Act, the Illinois

14 Controlled Substances Act, or the Methamphetamine Control

15 and Community Protection Act, the full street value of the

16 drugs seized shall be considered. "Street value" shall be

17 determined by the court on the basis of a proffer by the

18 State based upon reliable information of a law enforcement

19 official contained in a written report as to the amount

20 seized and such proffer may be used by the court as to the

21 current street value of the smallest unit of the drug

22 seized.

23 (b-5) Upon the filing of a written request demonstrating

24 reasonable cause, the State's Attorney may request a source of

25 bail hearing either before or after the posting of any funds.

26 If the hearing is granted, before the posting of any bail, the

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1 accused must file a written notice requesting that the court

2 conduct a source of bail hearing. The notice must be

3 accompanied by justifying affidavits stating the legitimate

4 and lawful source of funds for bail. At the hearing, the court

5 shall inquire into any matters stated in any justifying

6 affidavits, and may also inquire into matters appropriate to

7 the determination which shall include, but are not limited to,

8 the following:

9 (1) the background, character, reputation, and

10 relationship to the accused of any surety; and

11 (2) the source of any money or property deposited by

12 any surety, and whether any such money or property

13 constitutes the fruits of criminal or unlawful conduct;

14 and

15 (3) the source of any money posted as cash bail, and

16 whether any such money constitutes the fruits of criminal

17 or unlawful conduct; and

18 (4) the background, character, reputation, and

19 relationship to the accused of the person posting cash

20 bail.

21 Upon setting the hearing, the court shall examine, under

22 oath, any persons who may possess material information.

23 The State's Attorney has a right to attend the hearing, to

24 call witnesses and to examine any witness in the proceeding.

25 The court shall, upon request of the State's Attorney,

26 continue the proceedings for a reasonable period to allow the

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1 State's Attorney to investigate the matter raised in any

2 testimony or affidavit. If the hearing is granted after the

3 accused has posted bail, the court shall conduct a hearing

4 consistent with this subsection (b-5). At the conclusion of

5 the hearing, the court must issue an order either approving or

6 ~~of~~disapproving the bail.

7 (c) When a person is charged with an offense punishable by

8 fine only the amount of the bail shall not exceed double the

9 amount of the maximum penalty.

10 (d) When a person has been convicted of an offense and only

11 a fine has been imposed the amount of the bail shall not exceed

12 double the amount of the fine.

13 (e) The State may appeal any order granting bail or

14 setting a given amount for bail.

15 (f) When a person is charged with a violation of an order

16 of protection under Section 12-3.4 or 12-30 of the Criminal

17 Code of 1961 or the Criminal Code of 2012 or when a person is

18 charged with domestic battery, aggravated domestic battery,

19 kidnapping, aggravated kidnaping, unlawful restraint,

20 aggravated unlawful restraint, stalking, aggravated stalking,

21 cyberstalking, harassment by telephone, harassment through

22 electronic communications, or an attempt to commit first

23 degree murder committed against an intimate partner regardless

24 whether an order of protection has been issued against the

25 person,

26 (1) whether the alleged incident involved harassment

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1 or abuse, as defined in the Illinois Domestic Violence Act

2 of 1986;

3 (2) whether the person has a history of domestic

4 violence, as defined in the Illinois Domestic Violence

5 Act, or a history of other criminal acts;

6 (3) based on the mental health of the person;

7 (4) whether the person has a history of violating the

8 orders of any court or governmental entity;

9 (5) whether the person has been, or is, potentially a

10 threat to any other person;

11 (6) whether the person has access to deadly weapons or

12 a history of using deadly weapons;

13 (7) whether the person has a history of abusing

14 alcohol or any controlled substance;

15 (8) based on the severity of the alleged incident that

16 is the basis of the alleged offense, including, but not

17 limited to, the duration of the current incident, and

18 whether the alleged incident involved the use of a weapon,

19 physical injury, sexual assault, strangulation, abuse

20 during the alleged victim's pregnancy, abuse of pets, or

21 forcible entry to gain access to the alleged victim;

22 (9) whether a separation of the person from the

23 alleged victim or a termination of the relationship

24 between the person and the alleged victim has recently

25 occurred or is pending;

26 (10) whether the person has exhibited obsessive or

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1 controlling behaviors toward the alleged victim,

2 including, but not limited to, stalking, surveillance, or

3 isolation of the alleged victim or victim's family member

4 or members;

5 (11) whether the person has expressed suicidal or

6 homicidal ideations;

7 (12) based on any information contained in the

8 complaint and any police reports, affidavits, or other

9 documents accompanying the complaint,

10 the court may, in its discretion, order the respondent to

11 undergo a risk assessment evaluation using a recognized,

12 evidence-based instrument conducted by an Illinois Department

13 of Human Services approved partner abuse intervention program

14 provider, pretrial service, probation, or parole agency. These

15 agencies shall have access to summaries of the defendant's

16 criminal history, which shall not include victim interviews or

17 information, for the risk evaluation. Based on the information

18 collected from the 12 points to be considered at a bail hearing

19 under this subsection (f), the results of any risk evaluation

20 conducted and the other circumstances of the violation, the

21 court may order that the person, as a condition of bail, be

22 placed under electronic surveillance as provided in Section

23 5-8A-7 of the Unified Code of Corrections. Upon making a

24 determination whether or not to order the respondent to

25 undergo a risk assessment evaluation or to be placed under

26 electronic surveillance and risk assessment, the court shall

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1 document in the record the court's reasons for making those

2 determinations. The cost of the electronic surveillance and

3 risk assessment shall be paid by, or on behalf, of the

4 defendant. As used in this subsection (f), "intimate partner"

5 means a spouse or a current or former partner in a cohabitation

6 or dating relationship.

7 (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;

8 revised 7-12-19.)

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

10 Sec. 110-5. Determining the amount of bail and conditions

11 of release.

12 (a) In determining ~~which~~ the amount of monetary bail or

13 conditions of ~~pretrial~~release, if any, which will reasonably

14 assure the appearance of a defendant as required or the safety

15 of any other person or the community and the likelihood of

16 compliance by the defendant with all the conditions of

17 ~~pretrial release~~ bail, the court shall, on the basis of

18 available information, take into account such matters as~~:~~

19 ~~(1)~~the nature and circumstances of the offense

20 charged~~;~~

21 ~~(2) the weight of the evidence against the eligible~~

22 ~~defendant, except that the court may consider the~~

23 ~~admissibility of any evidence sought to be excluded;~~

24 ~~(3) the history and characteristics of the eligible~~

25 ~~defendant, including:~~

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1 ~~(A) the eligible defendant's character, physical~~

2 ~~and mental condition, family ties, employment,~~

3 ~~financial resources, length of residence in the~~

4 ~~community, community ties, past relating to drug or~~

5 ~~alcohol abuse, conduct, history criminal history, and~~

6 ~~record concerning appearance at court proceedings; and~~

7 ~~(B) whether, at the time of the current offense or~~

8 ~~arrest, the eligible defendant was on probation,~~

9 ~~parole, or on other release pending trial, sentencing,~~

10 ~~appeal, or completion of sentence for an offense under~~

11 ~~federal law, or the law of this or any other state;~~

12 ~~(4) the nature and seriousness of the specific, real~~

13 ~~and present threat to any person that would be posed by the~~

14 ~~eligible defendant's release, if applicable; as required~~

15 ~~under paragraph (7.5) of Section 4 of the Rights of Crime~~

16 ~~Victims and Witnesses Act; and~~

17 ~~(5) the nature and seriousness of the risk of~~

18 ~~obstructing or attempting to obstruct the criminal justice~~

19 ~~process that would be posed by the eligible defendant's~~

20 ~~release, if applicable.~~

21 ~~(b) The court shall impose any conditions that are~~

22 ~~mandatory under Section 110-10. The court may impose any~~

23 ~~conditions that are permissible under Section 110-10.~~ , whether

24 the evidence shows that as part of the offense there was a use

25 of violence or threatened use of violence, whether the offense

26 involved corruption of public officials or employees, whether

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1 there was physical harm or threats of physical harm to any

2 public official, public employee, judge, prosecutor, juror or

3 witness, senior citizen, child, or person with a disability,

4 whether evidence shows that during the offense or during the

5 arrest the defendant possessed or used a firearm, machine gun,

6 explosive or metal piercing ammunition or explosive bomb

7 device or any military or paramilitary armament, whether the

8 evidence shows that the offense committed was related to or in

9 furtherance of the criminal activities of an organized gang or

10 was motivated by the defendant's membership in or allegiance

11 to an organized gang, the condition of the victim, any written

12 statement submitted by the victim or proffer or representation

13 by the State regarding the impact which the alleged criminal

14 conduct has had on the victim and the victim's concern, if any,

15 with further contact with the defendant if released on bail,

16 whether the offense was based on racial, religious, sexual

17 orientation or ethnic hatred, the likelihood of the filing of

18 a greater charge, the likelihood of conviction, the sentence

19 applicable upon conviction, the weight of the evidence against

20 such defendant, whether there exists motivation or ability to

21 flee, whether there is any verification as to prior residence,

22 education, or family ties in the local jurisdiction, in

23 another county, state or foreign country, the defendant's

24 employment, financial resources, character and mental

25 condition, past conduct, prior use of alias names or dates of

26 birth, and length of residence in the community, the consent

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1 of the defendant to periodic drug testing in accordance with

2 Section 110-6.5, whether a foreign national defendant is

3 lawfully admitted in the United States of America, whether the

4 government of the foreign national maintains an extradition

5 treaty with the United States by which the foreign government

6 will extradite to the United States its national for a trial

7 for a crime allegedly committed in the United States, whether

8 the defendant is currently subject to deportation or exclusion

9 under the immigration laws of the United States, whether the

10 defendant, although a United States citizen, is considered

11 under the law of any foreign state a national of that state for

12 the purposes of extradition or non-extradition to the United

13 States, the amount of unrecovered proceeds lost as a result of

14 the alleged offense, the source of bail funds tendered or

15 sought to be tendered for bail, whether from the totality of

16 the court's consideration, the loss of funds posted or sought

17 to be posted for bail will not deter the defendant from flight,

18 whether the evidence shows that the defendant is engaged in

19 significant possession, manufacture, or delivery of a

20 controlled substance or cannabis, either individually or in

21 consort with others, whether at the time of the offense

22 charged he or she was on bond or pre-trial release pending

23 trial, probation, periodic imprisonment or conditional

24 discharge pursuant to this Code or the comparable Code of any

25 other state or federal jurisdiction, whether the defendant is

26 on bond or pre-trial release pending the imposition or

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1 execution of sentence or appeal of sentence for any offense

2 under the laws of Illinois or any other state or federal

3 jurisdiction, whether the defendant is under parole, aftercare

4 release, mandatory supervised release, or work release from

5 the Illinois Department of Corrections or Illinois Department

6 of Juvenile Justice or any penal institution or corrections

7 department of any state or federal jurisdiction, the

8 defendant's record of convictions, whether the defendant has

9 been convicted of a misdemeanor or ordinance offense in

10 Illinois or similar offense in other state or federal

11 jurisdiction within the 10 years preceding the current charge

12 or convicted of a felony in Illinois, whether the defendant

13 was convicted of an offense in another state or federal

14 jurisdiction that would be a felony if committed in Illinois

15 within the 20 years preceding the current charge or has been

16 convicted of such felony and released from the penitentiary

17 within 20 years preceding the current charge if a penitentiary

18 sentence was imposed in Illinois or other state or federal

19 jurisdiction, the defendant's records of juvenile adjudication

20 of delinquency in any jurisdiction, any record of appearance

21 or failure to appear by the defendant at court proceedings,

22 whether there was flight to avoid arrest or prosecution,

23 whether the defendant escaped or attempted to escape to avoid

24 arrest, whether the defendant refused to identify himself or

25 herself, or whether there was a refusal by the defendant to be

26 fingerprinted as required by law. Information used by the

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1 court in its findings or stated in or offered in connection

2 with this Section may be by way of proffer based upon reliable

3 information offered by the State or defendant. All evidence

4 shall be admissible if it is relevant and reliable regardless

5 of whether it would be admissible under the rules of evidence

6 applicable at criminal trials. If the State presents evidence

7 that the offense committed by the defendant was related to or

8 in furtherance of the criminal activities of an organized gang

9 or was motivated by the defendant's membership in or

10 allegiance to an organized gang, and if the court determines

11 that the evidence may be substantiated, the court shall

12 prohibit the defendant from associating with other members of

13 the organized gang as a condition of bail or release. For the

14 purposes of this Section, "organized gang" has the meaning

15 ascribed to it in Section 10 of the Illinois Streetgang

16 Terrorism Omnibus Prevention Act.

17 (a-5) There shall be a presumption that any conditions of

18 release imposed shall be non-monetary in nature and the court

19 shall impose the least restrictive conditions or combination

20 of conditions necessary to reasonably assure the appearance of

21 the defendant for further court proceedings and protect the

22 integrity of the judicial proceedings from a specific threat

23 to a witness or participant. Conditions of release may

24 include, but not be limited to, electronic home monitoring,

25 curfews, drug counseling, stay-away orders, and in-person

26 reporting. The court shall consider the defendant's

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1 socio-economic circumstance when setting conditions of release

2 or imposing monetary bail.

3 (b) The amount of bail shall be:

4 (1) Sufficient to assure compliance with the

5 conditions set forth in the bail bond, which shall include

6 the defendant's current address with a written

7 admonishment to the defendant that he or she must comply

8 with the provisions of Section 110-12 regarding any change

9 in his or her address. The defendant's address shall at

10 all times remain a matter of public record with the clerk

11 of the court.

12 (2) Not oppressive.

13 (3) Considerate of the financial ability of the

14 accused.

15 (4) When a person is charged with a drug related

16 offense involving possession or delivery of cannabis or

17 possession or delivery of a controlled substance as

18 defined in the Cannabis Control Act, the Illinois

19 Controlled Substances Act, or the Methamphetamine Control

20 and Community Protection Act, the full street value of the

21 drugs seized shall be considered. "Street value" shall be

22 determined by the court on the basis of a proffer by the

23 State based upon reliable information of a law enforcement

24 official contained in a written report as to the amount

25 seized and such proffer may be used by the court as to the

26 current street value of the smallest unit of the drug

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1 seized.

2 (b-5) Upon the filing of a written request demonstrating

3 reasonable cause, the State's Attorney may request a source of

4 bail hearing either before or after the posting of any funds.

5 If the hearing is granted, before the posting of any bail, the

6 accused must file a written notice requesting that the court

7 conduct a source of bail hearing. The notice must be

8 accompanied by justifying affidavits stating the legitimate

9 and lawful source of funds for bail. At the hearing, the court

10 shall inquire into any matters stated in any justifying

11 affidavits, and may also inquire into matters appropriate to

12 the determination which shall include, but are not limited to,

13 the following:

14 (1) the background, character, reputation, and

15 relationship to the accused of any surety; and

16 (2) the source of any money or property deposited by

17 any surety, and whether any such money or property

18 constitutes the fruits of criminal or unlawful conduct;

19 and

20 (3) the source of any money posted as cash bail, and

21 whether any such money constitutes the fruits of criminal

22 or unlawful conduct; and

23 (4) the background, character, reputation, and

24 relationship to the accused of the person posting cash

25 bail.

26 Upon setting the hearing, the court shall examine, under

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1 oath, any persons who may possess material information.

2 The State's Attorney has a right to attend the hearing, to

3 call witnesses and to examine any witness in the proceeding.

4 The court shall, upon request of the State's Attorney,

5 continue the proceedings for a reasonable period to allow the

6 State's Attorney to investigate the matter raised in any

7 testimony or affidavit. If the hearing is granted after the

8 accused has posted bail, the court shall conduct a hearing

9 consistent with this subsection (b-5). At the conclusion of

10 the hearing, the court must issue an order either approving of

11 disapproving the bail.

12 (c) When a person is charged with an offense punishable by

13 fine only the amount of the bail shall not exceed double the

14 amount of the maximum penalty.

15 (d) When a person has been convicted of an offense and only

16 a fine has been imposed the amount of the bail shall not exceed

17 double the amount of the fine.

18 (e) The State may appeal any order granting bail or

19 setting a given amount for bail.

20 (f) ~~(b)~~ When a person is charged with a violation of an

21 order of protection under Section 12-3.4 or 12-30 of the

22 Criminal Code of 1961 or the Criminal Code of 2012 or when a

23 person is charged with domestic battery, aggravated domestic

24 battery, kidnapping, aggravated kidnaping, unlawful restraint,

25 aggravated unlawful restraint, stalking, aggravated stalking,

26 cyberstalking, harassment by telephone, harassment through

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1 electronic communications, or an attempt to commit first

2 degree murder committed against an intimate partner regardless

3 whether an order of protection has been issued against the

4 person,

5 (1) whether the alleged incident involved harassment

6 or abuse, as defined in the Illinois Domestic Violence Act

7 of 1986;

8 (2) whether the person has a history of domestic

9 violence, as defined in the Illinois Domestic Violence

10 Act, or a history of other criminal acts;

11 (3) based on the mental health of the person;

12 (4) whether the person has a history of violating the

13 orders of any court or governmental entity;

14 (5) whether the person has been, or is, potentially a

15 threat to any other person;

16 (6) whether the person has access to deadly weapons or

17 a history of using deadly weapons;

18 (7) whether the person has a history of abusing

19 alcohol or any controlled substance;

20 (8) based on the severity of the alleged incident that

21 is the basis of the alleged offense, including, but not

22 limited to, the duration of the current incident, and

23 whether the alleged incident involved the use of a weapon,

24 physical injury, sexual assault, strangulation, abuse

25 during the alleged victim's pregnancy, abuse of pets, or

26 forcible entry to gain access to the alleged victim;

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1 (9) whether a separation of the person from the ~~victim~~

2 ~~of abuse~~ alleged victim or a termination of the

3 relationship between the person and the ~~victim of abuse~~

4 alleged victim has recently occurred or is pending;

5 (10) whether the person has exhibited obsessive or

6 controlling behaviors toward the ~~victim of abuse~~ alleged

7 victim, including, but not limited to, stalking,

8 surveillance, or isolation of the ~~victim of abuse~~ alleged

9 victim or victim's family member or members;

10 (11) whether the person has expressed suicidal or

11 homicidal ideations;

12 ~~(11.5) any other factors deemed by the court to have a~~

13 ~~reasonable bearing upon the defendant's propensity or~~

14 ~~reputation for violent, abusive or assaultive behavior, or~~

15 ~~lack of that behavior~~

16 (12) based on any information contained in the

17 complaint and any police reports, affidavits, or other

18 documents accompanying the complaint,

19 the court may, in its discretion, order the respondent to

20 undergo a risk assessment evaluation using a recognized,

21 evidence-based instrument conducted by an Illinois Department

22 of Human Services approved partner abuse intervention program

23 provider, pretrial service, probation, or parole agency. These

24 agencies shall have access to summaries of the defendant's

25 criminal history, which shall not include victim interviews or

26 information, for the risk evaluation. Based on the information

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1 collected from the 12 points to be considered at a bail hearing

2 under this subsection (f), the results of any risk evaluation

3 conducted and the other circumstances of the violation, the

4 court may order that the person, as a condition of bail, be

5 placed under electronic surveillance as provided in Section

6 5-8A-7 of the Unified Code of Corrections. Upon making a

7 determination whether or not to order the respondent to

8 undergo a risk assessment evaluation or to be placed under

9 electronic surveillance and risk assessment, the court shall

10 document in the record the court's reasons for making those

11 determinations. The cost of the electronic surveillance and

12 risk assessment shall be paid by, or on behalf, of the

13 defendant. As used in this subsection (f), "intimate partner"

14 means a spouse or a current or former partner in a cohabitation

15 or dating relationship.

16 ~~(c) In cases of stalking or aggravated stalking under~~

17 ~~Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the~~

18 ~~court may consider the following additional factors:~~

19 ~~(1) Any evidence of the defendant's prior criminal~~

20 ~~history indicative of violent, abusive or assaultive~~

21 ~~behavior, or lack of that behavior. The evidence may~~

22 ~~include testimony or documents received in juvenile~~

23 ~~proceedings, criminal, quasi-criminal, civil commitment,~~

24 ~~domestic relations or other proceedings;~~

25 ~~(2) Any evidence of the defendant's psychological,~~

26 ~~psychiatric or other similar social history that tends to~~

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1 ~~indicate a violent, abusive, or assaultive nature, or lack~~

2 ~~of any such history.~~

3 ~~(3) The nature of the threat which is the basis of the~~

4 ~~charge against the defendant;~~

5 ~~(4) Any statements made by, or attributed to the~~

6 ~~defendant, together with the circumstances surrounding~~

7 ~~them;~~

8 ~~(5) The age and physical condition of any person~~

9 ~~allegedly assaulted by the defendant;~~

10 ~~(6) Whether the defendant is known to possess or have~~

11 ~~access to any weapon or weapons;~~

12 ~~(7) Any other factors deemed by the court to have a~~

13 ~~reasonable bearing upon the defendant's propensity or~~

14 ~~reputation for violent, abusive or assaultive behavior, or~~

15 ~~lack of that behavior.~~

16 ~~(d) The Court may use a regularly validated risk~~

17 ~~assessment tool to aid it determination of appropriate~~

18 ~~conditions of release as provided for in Section 110-6.4. Risk~~

19 ~~assessment tools may not be used as the sole basis to deny~~

20 ~~pretrial release. If a risk assessment tool is used, the~~

21 ~~defendant's counsel shall be provided with the information and~~

22 ~~scoring system of the risk assessment tool used to arrive at~~

23 ~~the determination. The defendant retains the right to~~

24 ~~challenge the validity of a risk assessment tool used by the~~

25 ~~court and to present evidence relevant to the defendant's~~

26 ~~challenge.~~

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1 ~~(e) If a person remains in pretrial detention after his or~~

2 ~~her pretrial conditions hearing after having been ordered~~

3 ~~released with pretrial conditions, the court shall hold a~~

4 ~~hearing to determine the reason for continued detention. If~~

5 ~~the reason for continued detention is due to the~~

6 ~~unavailability or the defendant's ineligibility for one or~~

7 ~~more pretrial conditions previously ordered by the court or~~

8 ~~directed by a pretrial services agency, the court shall reopen~~

9 ~~the conditions of release hearing to determine what available~~

10 ~~pretrial conditions exist that will reasonably assure the~~

11 ~~appearance of a defendant as required or the safety of any~~

12 ~~other person and the likelihood of compliance by the defendant~~

13 ~~with all the conditions of pretrial release. The inability of~~

14 ~~Defendant to pay for a condition of release or any other~~

15 ~~ineligibility for a condition of pretrial release shall not be~~

16 ~~used as a justification for the pretrial detention of that~~

17 ~~Defendant.~~

18 ~~(f) Prior to the defendant's first appearance, the Court~~

19 ~~shall appoint the public defender or a licensed attorney at~~

20 ~~law of this State to represent the Defendant for purposes of~~

21 ~~that hearing, unless the defendant has obtained licensed~~

22 ~~counsel for themselves.~~

23 ~~(g) Electronic monitoring, GPS monitoring, or home~~

24 ~~confinement can only be imposed condition of pretrial release~~

25 ~~if a no less restrictive condition of release or combination~~

26 ~~of less restrictive condition of release would reasonably~~

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1 ~~ensure the appearance of the defendant for later hearings or~~

2 ~~protect an identifiable person or persons from imminent threat~~

3 ~~of serious physical harm.~~

4 ~~(h) If the court imposes electronic monitoring, GPS~~

5 ~~monitoring, or home confinement the court shall set forth in~~

6 ~~the record the basis for its finding. A defendant shall be~~

7 ~~given custodial credit for each day he or she was subjected to~~

8 ~~that program, at the same rate described in subsection (b) of~~

9 ~~Section 5-4.5-100 of the unified code of correction.~~

10 ~~(i) If electronic monitoring, GPS monitoring, or home~~

11 ~~confinement is imposed, the court shall determine every 60~~

12 ~~days if no less restrictive condition of release or~~

13 ~~combination of less restrictive conditions of release would~~

14 ~~reasonably ensure the appearance, or continued appearance, of~~

15 ~~the defendant for later hearings or protect an identifiable~~

16 ~~person or persons from imminent threat of serious physical~~

17 ~~harm. If the court finds that there are less restrictive~~

18 ~~conditions of release, the court shall order that the~~

19 ~~condition be removed.~~

20 ~~(j) Crime Victims shall be given notice by the State's~~

21 ~~Attorney's office of this hearing as required in paragraph (1)~~

22 ~~of subsection (b) of Section 4.5 of the Rights of Crime Victims~~

23 ~~and Witnesses Act and shall be informed of their opportunity~~

24 ~~at this hearing to obtain an order of protection under Article~~

25 ~~112A of this Code.~~

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

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1 (725 ILCS 5/110-5.2)

2 Sec. 110-5.2. ~~Pretrial release~~ Bail; pregnant pre-trial

3 detainee.

4 (a) It is the policy of this State that a pre-trial

5 detainee shall not be required to deliver a child while in

6 custody absent a finding by the court that continued pre-trial

7 custody is necessary to protect the public or the victim of the

8 offense on which the charge is based.

9 (b) If the court reasonably believes that a pre-trial

10 detainee will give birth while in custody, the court shall

11 order an alternative to custody unless, after a hearing, the

12 court determines:

13 (1) that the release of the pregnant pre-trial

14 detainee would pose a real and present threat to the

15 physical safety of the alleged victim of the offense and

16 continuing custody is necessary to prevent the fulfillment

17 of the threat upon which the charge is based; or

18 (2) that the release of the pregnant pre-trial

19 detainee would pose a real and present threat to the

20 physical safety of any person or persons or the general

21 public.

22 (c) The court may order a pregnant or post-partum detainee

23 to be subject to electronic monitoring as a condition of

24 pre-trial release or order other condition or combination of

25 conditions the court reasonably determines are in the best

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1 interest of the detainee and the public.

2 (d) This Section shall be applicable to a pregnant

3 pre-trial detainee in custody on or after the effective date

4 of this amendatory Act of the 100th General Assembly.

5 (Source: P.A. 100-630, eff. 1-1-19; 101-652.)

6 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)

7 Sec. 110-6. ~~Revocation of pretrial release, modification~~

8 ~~of conditions of pretrial release, and sanctions for~~

9 ~~violations of conditions of pretrial release~~ Modification of

10 bail or conditions.

11 (a) ~~When a defendant is granted pretrial release under~~

12 ~~this section, that pretrial release may be revoked only under~~

13 ~~the following conditions:~~

14 ~~(1) if the defendant is charged with a detainable~~

15 ~~felony as defined in 110-6.1, a defendant may be detained~~

16 ~~after the State files a verified petition for such a~~

17 ~~hearing, and gives the defendant notice as prescribed in~~

18 ~~110-6.1; or~~

19 ~~(2) in accordance with subsection (b) of this section.~~

20 ~~(b) Revocation due to a new criminal charge: If an~~

21 ~~individual, while on pretrial release for a Felony or Class A~~

22 ~~misdemeanor under this Section, is charged with a new felony~~

23 ~~or Class A misdemeanor under the Criminal Code of 2012, the~~

24 ~~court may, on its own motion or motion of the state, begin~~

25 ~~proceedings to revoke the individual's' pretrial release.~~

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1 ~~(1) When the defendant is charged with a felony or~~

2 ~~class A misdemeanor offense and while free on pretrial~~

3 ~~release bail is charged with a subsequent felony or class~~

4 ~~A misdemeanor offense that is alleged to have occurred~~

5 ~~during the defendant's pretrial release, the state may~~

6 ~~file a verified petition for revocation of pretrial~~

7 ~~release.~~

8 ~~(2) When a defendant on pretrial release is charged~~

9 ~~with a violation of an order of protection issued under~~

10 ~~Section 112A-14 of this Code, or Section 214 of the~~

11 ~~Illinois Domestic Violence Act of 1986 or previously was~~

12 ~~convicted of a violation of an order of protection under~~

13 ~~Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the~~

14 ~~Criminal Code of 2012, and the subject of the order of~~

15 ~~protection is the same person as the victim in the~~

16 ~~underlying matter, the state shall file a verified~~

17 ~~petition for revocation of pretrial release.~~

18 ~~(3) Upon the filing of this petition, the court shall~~

19 ~~order the transfer of the defendant and the application to~~

20 ~~the court before which the previous felony matter is~~

21 ~~pending. The defendant shall be held without bond pending~~

22 ~~transfer to and a hearing before such court. The defendant~~

23 ~~shall be transferred to the court before which the~~

24 ~~previous matter is pending without unnecessary delay. In~~

25 ~~no event shall the time between the filing of the state's~~

26 ~~petition for revocation and the defendant's appearance~~

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1 ~~before the court before which the previous matter is~~

2 ~~pending exceed 72 hours.~~

3 ~~(4) The court before which the previous felony matter~~

4 ~~is pending may revoke the defendant's pretrial release~~

5 ~~only if it finds, after considering all relevant~~

6 ~~circumstances including, but not limited to, the nature~~

7 ~~and seriousness of the violation or criminal act alleged,~~

8 ~~by the court finds clear and convincing evidence that no~~

9 ~~condition or combination of conditions of release would~~

10 ~~reasonably assure the appearance of the defendant for~~

11 ~~later hearings or prevent the defendant from being charged~~

12 ~~with a subsequent felony or class A misdemeanor.~~

13 ~~(5) In lieu of revocation, the court may release the~~

14 ~~defendant pre-trial, with or without modification of~~

15 ~~conditions of pretrial release.~~

16 ~~(6) If the case that caused the revocation is~~

17 ~~dismissed, the defendant is found not guilty in the case~~

18 ~~causing the revocation, or the defendant completes a~~

19 ~~lawfully imposed sentence on the case causing the~~

20 ~~revocation, the court shall, without unnecessary delay,~~

21 ~~hold a hearing on conditions of release pursuant to~~

22 ~~section 110-5 and release the defendant with or without~~

23 ~~modification of conditions of pretrial release.~~

24 ~~(7) Both the state and the defense may appeal an order~~

25 ~~revoking pretrial release or denying a petition for~~

26 ~~revocation of release.~~

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1 ~~(c) Violations other than re-arrest for a felony or class~~

2 ~~A misdemeanor. If a defendant:~~

3 ~~(1) fails to appear in court as required by their~~

4 ~~conditions of release;~~

5 ~~(2) is charged with a class B or C misdemeanor, petty~~

6 ~~offense, traffic offense, or ordinance violation that is~~

7 ~~alleged to have occurred during the defendant's pretrial~~

8 ~~release; or~~

9 ~~(3) violates any other condition of release set by the~~

10 ~~court,~~

11 ~~the court shall follow the procedures set forth in Section~~

12 ~~110-3 to ensure the defendant's appearance in court to address~~

13 ~~the violation.~~

14 ~~(d) When a defendant appears in court for a notice to show~~

15 ~~cause hearing, or after being arrested on a warrant issued~~

16 ~~because of a failure to appear at a notice to show cause~~

17 ~~hearing, or after being arrested for an offense other than a~~

18 ~~felony or class A misdemeanor, the state may file a verified~~

19 ~~petition requesting a hearing for sanctions.~~

20 ~~(e) During the hearing for sanctions, the defendant shall~~

21 ~~be represented by counsel and have an opportunity to be heard~~

22 ~~regarding the violation and evidence in mitigation. The court~~

23 ~~shall only impose sanctions if it finds by clear and~~

24 ~~convincing evidence that:~~

25 ~~1. The defendant committed an act that violated a term~~

26 ~~of their pretrial release;~~

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1 ~~2. The defendant had actual knowledge that their~~

2 ~~action would violate a court order;~~

3 ~~3. The violation of the court order was willful; and~~

4 ~~4. The violation was not caused by a lack of access to~~

5 ~~financial monetary resources.~~

6 ~~(f) Sanctions: sanctions for violations of pretrial~~

7 ~~release may include:~~

8 ~~1. A verbal or written admonishment from the court;~~

9 ~~2. Imprisonment in the county jail for a period not~~

10 ~~exceeding 30 days;~~

11 ~~3. A fine of not more than $200; or~~

12 ~~4. A modification of the defendant's pretrial~~

13 ~~conditions.~~

14 ~~(g) Modification of Pretrial Conditions~~

15 ~~(a) The court may, at any time, after motion by either~~

16 ~~party or on its own motion, remove previously set~~

17 ~~conditions of pretrial release, subject to the provisions~~

18 ~~in section (e). The court may only add or increase~~

19 ~~conditions of pretrial release at a hearing under this~~

20 ~~Section, in a warrant issued under Section 110-3, or upon~~

21 ~~motion from the state.~~

22 ~~(b) Modification of conditions of release regarding~~

23 ~~contact with victims or witnesses. The court shall not~~

24 ~~remove a previously set condition of bond regulating~~

25 ~~contact with a victim or witness in the case, unless the~~

26 ~~subject of the condition has been given notice of the~~

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1 ~~hearing as required in paragraph (1) of subsection (b) of~~

2 ~~Section 4.5 of the Rights of Crime Victims and Witnesses~~

3 ~~Act. If the subject of the condition of release is not~~

4 ~~present, the court shall follow the procedures of~~

5 ~~paragraph (10) of subsection (c-1) of the Rights of Crime~~

6 ~~Victims and Witnesses Act.~~

7 ~~(h) Notice to Victims: Crime Victims shall be given notice~~

8 ~~by the State's Attorney's office of all hearings in this~~

9 ~~section as required in paragraph (1) of subsection (b) of~~

10 ~~Section 4.5 of the Rights of Crime Victims and Witnesses Act~~

11 ~~and shall be informed of their opportunity at these hearing to~~

12 ~~obtain an order of protection under Article 112A of this Code.~~

13 Upon verified application by the State or the defendant or on

14 its own motion the court before which the proceeding is

15 pending may increase or reduce the amount of bail or may alter

16 the conditions of the bail bond or grant bail where it has been

17 previously revoked or denied. If bail has been previously

18 revoked pursuant to subsection (f) of this Section or if bail

19 has been denied to the defendant pursuant to subsection (e) of

20 Section 110-6.1 or subsection (e) of Section 110-6.3, the

21 defendant shall be required to present a verified application

22 setting forth in detail any new facts not known or obtainable

23 at the time of the previous revocation or denial of bail

24 proceedings. If the court grants bail where it has been

25 previously revoked or denied, the court shall state on the

26 record of the proceedings the findings of facts and conclusion

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1 of law upon which such order is based.

2 (a-5) In addition to any other available motion or

3 procedure under this Code, a person in custody solely for a

4 Category B offense due to an inability to post monetary bail

5 shall be brought before the court at the next available court

6 date or 7 calendar days from the date bail was set, whichever

7 is earlier, for a rehearing on the amount or conditions of bail

8 or release pending further court proceedings. The court may

9 reconsider conditions of release for any other person whose

10 inability to post monetary bail is the sole reason for

11 continued incarceration, including a person in custody for a

12 Category A offense or a Category A offense and a Category B

13 offense. The court may deny the rehearing permitted under this

14 subsection (a-5) if the person has failed to appear as

15 required before the court and is incarcerated based on a

16 warrant for failure to appear on the same original criminal

17 offense.

18 (b) Violation of the conditions of Section 110-10 of this

19 Code or any special conditions of bail as ordered by the court

20 shall constitute grounds for the court to increase the amount

21 of bail, or otherwise alter the conditions of bail, or, where

22 the alleged offense committed on bail is a forcible felony in

23 Illinois or a Class 2 or greater offense under the Illinois

24 Controlled Substances Act, the Cannabis Control Act, or the

25 Methamphetamine Control and Community Protection Act, revoke

26 bail pursuant to the appropriate provisions of subsection (e)

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1 of this Section.

2 (c) Reasonable notice of such application by the defendant

3 shall be given to the State.

4 (d) Reasonable notice of such application by the State

5 shall be given to the defendant, except as provided in

6 subsection (e).

7 (e) Upon verified application by the State stating facts

8 or circumstances constituting a violation or a threatened

9 violation of any of the conditions of the bail bond the court

10 may issue a warrant commanding any peace officer to bring the

11 defendant without unnecessary delay before the court for a

12 hearing on the matters set forth in the application. If the

13 actual court before which the proceeding is pending is absent

14 or otherwise unavailable another court may issue a warrant

15 pursuant to this Section. When the defendant is charged with a

16 felony offense and while free on bail is charged with a

17 subsequent felony offense and is the subject of a proceeding

18 set forth in Section 109-1 or 109-3 of this Code, upon the

19 filing of a verified petition by the State alleging a

20 violation of Section 110-10 (a) (4) of this Code, the court

21 shall without prior notice to the defendant, grant leave to

22 file such application and shall order the transfer of the

23 defendant and the application without unnecessary delay to the

24 court before which the previous felony matter is pending for a

25 hearing as provided in subsection (b) or this subsection of

26 this Section. The defendant shall be held without bond pending

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1 transfer to and a hearing before such court. At the conclusion

2 of the hearing based on a violation of the conditions of

3 Section 110-10 of this Code or any special conditions of bail

4 as ordered by the court the court may enter an order increasing

5 the amount of bail or alter the conditions of bail as deemed

6 appropriate.

7 (f) Where the alleged violation consists of the violation

8 of one or more felony statutes of any jurisdiction which would

9 be a forcible felony in Illinois or a Class 2 or greater

10 offense under the Illinois Controlled Substances Act, the

11 Cannabis Control Act, or the Methamphetamine Control and

12 Community Protection Act and the defendant is on bail for the

13 alleged commission of a felony, or where the defendant is on

14 bail for a felony domestic battery (enhanced pursuant to

15 subsection (b) of Section 12-3.2 of the Criminal Code of 1961

16 or the Criminal Code of 2012), aggravated domestic battery,

17 aggravated battery, unlawful restraint, aggravated unlawful

18 restraint or domestic battery in violation of item (1) of

19 subsection (a) of Section 12-3.2 of the Criminal Code of 1961

20 or the Criminal Code of 2012 against a family or household

21 member as defined in Section 112A-3 of this Code and the

22 violation is an offense of domestic battery against the same

23 victim the court shall, on the motion of the State or its own

24 motion, revoke bail in accordance with the following

25 provisions:

26 (1) The court shall hold the defendant without bail

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1 pending the hearing on the alleged breach; however, if the

2 defendant is not admitted to bail the hearing shall be

3 commenced within 10 days from the date the defendant is

4 taken into custody or the defendant may not be held any

5 longer without bail, unless delay is occasioned by the

6 defendant. Where defendant occasions the delay, the

7 running of the 10 day period is temporarily suspended and

8 resumes at the termination of the period of delay. Where

9 defendant occasions the delay with 5 or fewer days

10 remaining in the 10 day period, the court may grant a

11 period of up to 5 additional days to the State for good

12 cause shown. The State, however, shall retain the right to

13 proceed to hearing on the alleged violation at any time,

14 upon reasonable notice to the defendant and the court.

15 (2) At a hearing on the alleged violation the State

16 has the burden of going forward and proving the violation

17 by clear and convincing evidence. The evidence shall be

18 presented in open court with the opportunity to testify,

19 to present witnesses in his behalf, and to cross-examine

20 witnesses if any are called by the State, and

21 representation by counsel and if the defendant is indigent

22 to have counsel appointed for him. The rules of evidence

23 applicable in criminal trials in this State shall not

24 govern the admissibility of evidence at such hearing.

25 Information used by the court in its findings or stated in

26 or offered in connection with hearings for increase or

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1 revocation of bail may be by way of proffer based upon

2 reliable information offered by the State or defendant.

3 All evidence shall be admissible if it is relevant and

4 reliable regardless of whether it would be admissible

5 under the rules of evidence applicable at criminal trials.

6 A motion by the defendant to suppress evidence or to

7 suppress a confession shall not be entertained at such a

8 hearing. Evidence that proof may have been obtained as a

9 result of an unlawful search and seizure or through

10 improper interrogation is not relevant to this hearing.

11 (3) Upon a finding by the court that the State has

12 established by clear and convincing evidence that the

13 defendant has committed a forcible felony or a Class 2 or

14 greater offense under the Illinois Controlled Substances

15 Act, the Cannabis Control Act, or the Methamphetamine

16 Control and Community Protection Act while admitted to

17 bail, or where the defendant is on bail for a felony

18 domestic battery (enhanced pursuant to subsection (b) of

19 Section 12-3.2 of the Criminal Code of 1961 or the

20 Criminal Code of 2012), aggravated domestic battery,

21 aggravated battery, unlawful restraint, aggravated

22 unlawful restraint or domestic battery in violation of

23 item (1) of subsection (a) of Section 12-3.2 of the

24 Criminal Code of 1961 or the Criminal Code of 2012 against

25 a family or household member as defined in Section 112A-3

26 of this Code and the violation is an offense of domestic

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1 battery, against the same victim, the court shall revoke

2 the bail of the defendant and hold the defendant for trial

3 without bail. Neither the finding of the court nor any

4 transcript or other record of the hearing shall be

5 admissible in the State's case in chief, but shall be

6 admissible for impeachment, or as provided in Section

7 115-10.1 of this Code or in a perjury proceeding.

8 (4) If the bail of any defendant is revoked pursuant

9 to paragraph (f) (3) of this Section, the defendant may

10 demand and shall be entitled to be brought to trial on the

11 offense with respect to which he was formerly released on

12 bail within 90 days after the date on which his bail was

13 revoked. If the defendant is not brought to trial within

14 the 90 day period required by the preceding sentence, he

15 shall not be held longer without bail. In computing the 90

16 day period, the court shall omit any period of delay

17 resulting from a continuance granted at the request of the

18 defendant.

19 (5) If the defendant either is arrested on a warrant

20 issued pursuant to this Code or is arrested for an

21 unrelated offense and it is subsequently discovered that

22 the defendant is a subject of another warrant or warrants

23 issued pursuant to this Code, the defendant shall be

24 transferred promptly to the court which issued such

25 warrant. If, however, the defendant appears initially

26 before a court other than the court which issued such

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1 warrant, the non-issuing court shall not alter the amount

2 of bail set on such warrant unless the court sets forth on

3 the record of proceedings the conclusions of law and facts

4 which are the basis for such altering of another court's

5 bond. The non-issuing court shall not alter another courts

6 bail set on a warrant unless the interests of justice and

7 public safety are served by such action.

8 (g) The State may appeal any order where the court has

9 increased or reduced the amount of bail or altered the

10 conditions of the bail bond or granted bail where it has

11 previously been revoked.

12 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;

13 101-652.)

14 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)

15 Sec. 110-6.1. Denial of ~~pretrial release~~ bail in

16 non-probationable felony offenses.

17 (a) Upon verified petition by the State, the court shall

18 hold a hearing ~~and may deny~~ to determine whether bail should be

19 denied to a defendant ~~pretrial release only if:~~

20 ~~(1) the defendant~~ whois charged with a~~forcible~~

21 felony offense for which a sentence of imprisonment,

22 without probation, periodic imprisonment or conditional

23 discharge, is required by law upon conviction,~~and~~ when it

24 is alleged that the defendant's ~~pretrial release poses a~~

25 ~~specific, real and present threat to any person or the~~

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1 ~~community.~~ admission to bail poses a real and present

2 threat to the physical safety of any person or persons ~~;~~ .

3 ~~(2) the defendant is charged with stalking or~~

4 ~~aggravated stalking and it is alleged that the defendant's~~

5 ~~pre-trial release poses a real and present threat to the~~

6 ~~physical safety of a victim of the alleged offense, and~~

7 ~~denial of release is necessary to prevent fulfillment of~~

8 ~~the threat upon which the charge is based;~~

9 ~~(3) the victim of abuse was a family or household~~

10 ~~member as defined by paragraph (6) of Section 103 of the~~

11 ~~Illinois Domestic Violence Act of 1986, and the person~~

12 ~~charged, at the time of the alleged offense, was subject~~

13 ~~to the terms of an order of protection issued under~~

14 ~~Section 112A-14 of this Code, or Section 214 of the~~

15 ~~Illinois Domestic Violence Act of 1986 or previously was~~

16 ~~convicted of a violation of an order of protection under~~

17 ~~Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the~~

18 ~~Criminal Code of 2012 or a violent crime if the victim was~~

19 ~~a family or household member as defined by paragraph (6)~~

20 ~~of the Illinois Domestic Violence Act of 1986 at the time~~

21 ~~of the offense or a violation of a substantially similar~~

22 ~~municipal ordinance or law of this or any other state or~~

23 ~~the United States if the victim was a family or household~~

24 ~~member as defined by paragraph (6) of Section 103 of the~~

25 ~~Illinois Domestic Violence Act of 1986 at the time of the~~

26 ~~offense, and it is alleged that the defendant's pre-trial~~

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1 ~~release poses a real and present threat to the physical~~

2 ~~safety of any person or persons;~~

3 ~~(4) the defendant is charged with domestic battery or~~

4 ~~aggravated domestic battery under Section 12-3.2 or 12-3.3~~

5 ~~of the Criminal Code of 2012 and it is alleged that the~~

6 ~~defendant's pretrial release poses a real and present~~

7 ~~threat to the physical safety of any person or persons;~~

8 ~~(5) the defendant is charged with any offense under~~

9 ~~Article 11 of the Criminal Code of 2012, except for~~

10 ~~Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal~~

11 ~~Code of 2012, or similar provisions of the Criminal Code~~

12 ~~of 1961 and it is alleged that the defendant's pretrial~~

13 ~~release poses a real and present threat to the physical~~

14 ~~safety of any person or persons;~~

15 ~~(6) the defendant is charged with any of these~~

16 ~~violations under the Criminal Code of 2012 and it is~~

17 ~~alleged that the defendant's pretrial releases poses a~~

18 ~~real and present threat to the physical safety of any~~

19 ~~specifically identifiable person or persons.~~

20 ~~(A) Section 24-1.2 (aggravated discharge of a~~

21 ~~firearm);~~

22 ~~(B) Section 24-2.5 (aggravated discharge of a~~

23 ~~machine gun or a firearm equipped with a device~~

24 ~~designed or use for silencing the report of a~~

25 ~~firearm);~~

26 ~~(C) Section 24-1.5 (reckless discharge of a~~

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1 ~~firearm);~~

2 ~~(D) Section 24-1.7 (armed habitual criminal);~~

3 ~~(E) Section 24-2.2 2 (manufacture, sale or~~

4 ~~transfer of bullets or shells represented to be armor~~

5 ~~piercing bullets, dragon's breath shotgun shells, bolo~~

6 ~~shells or flechette shells);~~

7 ~~(F) Section 24-3 (unlawful sale or delivery of~~

8 ~~firearms);~~

9 ~~(G) Section 24-3.3 (unlawful sale or delivery of~~

10 ~~firearms on the premises of any school);~~

11 ~~(H) Section 24-34 (unlawful sale of firearms by~~

12 ~~liquor license);~~

13 ~~(I) Section 24-3.5 {unlawful purchase of a~~

14 ~~firearm);~~

15 ~~(J) Section 24-3A (gunrunning); or~~

16 ~~(K) Section on 24-3B (firearms trafficking );~~

17 ~~(L) Section 10-9 (b) (involuntary servitude);~~

18 ~~(M) Section 10-9 (c) (involuntary sexual servitude~~

19 ~~of a minor);~~

20 ~~(N) Section 10-9(d) (trafficking in persons);~~

21 ~~(O) Non-probationable violations: (i) (unlawful~~

22 ~~use or possession of weapons by felons or persons in~~

23 ~~the Custody of the Department of Corrections~~

24 ~~facilities (Section 24-1.1), (ii) aggravated unlawful~~

25 ~~use of a weapon (Section 24-1.6, or (iii) aggravated~~

26 ~~possession of a stolen firearm (Section 24-3.9);~~

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1 ~~(7) the person has a high likelihood of willful flight~~

2 ~~to avoid prosecution and is charged with:~~

3 ~~(A) Any felony described in Sections (a)(1)~~

4 ~~through (a)(5) of this Section; or~~

5 ~~(B) A felony offense other than a Class 4 offense.~~

6 ~~(b) If the charged offense is a felony, the Court shall~~

7 ~~hold a hearing pursuant to 109-3 of this Code to~~

8 ~~determine whether there is probable cause the~~

9 ~~defendant has committed an offense, unless a grand~~

10 ~~jury has returned a true bill of indictment against~~

11 ~~the defendant. If there is a finding of no probable~~

12 ~~cause, the defendant shall be released. No such~~

13 ~~finding is necessary if the defendant is charged with~~

14 ~~a misdemeanor.~~

15 ~~(c) Timing of petition.~~

16 (1) A petition may be filed without prior notice to

17 the defendant at the first appearance before a judge, or

18 within the 21 calendar days, except as provided in Section

19 110-6, after arrest and release of the defendant upon

20 reasonable notice to defendant; provided that while such

21 petition is pending before the court, the defendant if

22 previously released shall not be detained.

23 (2) ~~(2) Upon filing, the court shall immediately hold~~

24 ~~a hearing on the petition unless a continuance is~~

25 ~~requested. If a continuance is requested, the hearing~~

26 ~~shall be held within 48 hours of the defendant's first~~

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1 ~~appearance if the defendant is charged with a Class X,~~

2 ~~Class 1, Class 2, or Class 3 felony, and within 24 hours if~~

3 ~~the defendant is charged with a Class 4 or misdemeanor~~

4 ~~offense. The Court may deny and or grant the request for~~

5 ~~continuance. If the court decides to grant the~~

6 ~~continuance, the Court retains the discretion to detain or~~

7 ~~release the defendant in the time between the filing of~~

8 ~~the petition and the hearing.~~

9 ~~(d) Contents of petition.~~

10 ~~(1) The petition shall be verified by the State and~~

11 ~~shall state the grounds upon which it contends the~~

12 ~~defendant should be denied pretrial release, including the~~

13 ~~identity of the specific person or persons the State~~

14 ~~believes the defendant poses a danger to.~~

15 ~~(2) Only one petition may be filed under this Section.~~

16 ~~(e) Eligibility: All defendants shall be presumed eligible~~

17 ~~for pretrial release, and the State shall bear the burden of~~

18 ~~proving by clear and convincing evidence that:~~ The hearing

19 shall be held immediately upon the defendant's appearance

20 before the court, unless for good cause shown the defendant or

21 the State seeks a continuance. A continuance on motion of the

22 defendant may not exceed 5 calendar days, and a continuance on

23 the motion of the State may not exceed 3 calendar days. The

24 defendant may be held in custody during such continuance.

25 (b) The court may deny bail to the defendant where, after

26 the hearing, it is determined that:

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1 (1) the proof is evident or the presumption great that

2 the defendant has committed an offense~~listed in~~

3 ~~paragraphs (1) through (6) of subsection (a)~~ for which a

4 sentence of imprisonment, without probation, periodic

5 imprisonment or conditional discharge, must be imposed by

6 law as a consequence of conviction, and

7 (2) the defendant poses a real and present threat to

8 the physicalsafety of~~a specific, identifiable~~ any person

9 or persons, by conduct which may include, but is not

10 limited to, a forcible felony, the obstruction of justice,

11 intimidation, injury, ~~or abuse as defined by paragraph (1)~~

12 ~~of Section 103 of the Illinois Domestic Violence Act of~~

13 ~~1986~~ physical harm, an offense under the Illinois

14 Controlled Substances Act which is a Class X felony, or an

15 offense under the Methamphetamine Control and Community

16 Protection Act which is a Class X felony, and

17 (3) the court finds that no condition or combination

18 of conditions set forth in subsection (b) of Section

19 110-10 of this Article ~~can mitigate the real and present~~

20 ~~threat to the safety of any~~ , can reasonably assure the

21 physical safety of any other person or persons ~~or the~~

22 ~~defendant's willful flight~~.

23 ~~(f)~~ (c) Conduct of the hearings.

24 (1) ~~Prior to the hearing the State shall tender to the~~

25 ~~defendant copies of defendant's criminal history~~

26 ~~available, any written or recorded statements, and the~~

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1 ~~substance of any oral statements made by any person, if~~

2 ~~relied upon by the State in its petition, and any police~~

3 ~~reports in the State's Attorney's possession at the time~~

4 ~~of the hearing that are required to be disclosed to the~~

5 ~~defense under Illinois Supreme Court rules.~~ The hearing on

6 the defendant's culpability and dangerousness shall be

7 conducted in accordance with the following provisions:

8 ~~(2) The State or defendant may present evidence at the~~

9 ~~hearing~~ (A) Information used by the court in its findings

10 or stated in or offered at such hearing may be by way of

11 proffer based upon reliable informationoffered by the

12 State or by defendant.

13 ~~(3) The defendant~~ Defendanthas the right to be

14 represented by counsel, and if he ~~or she~~ is indigent, to

15 have counsel appointed for him~~or her. The defendant~~ .

16 Defendant shall have the opportunity to testify, to

17 present witnesses~~on~~ in his ~~or her~~ own behalf, and to

18 cross-examine ~~any~~ witnesses ~~that~~ if anyare called by the

19 State.

20 ~~(4) If the defense seeks to call the complaining~~

21 ~~witness as a witness in its favor, it shall petition the~~

22 ~~court for permission.~~ The defendant has the right to

23 present witnesses in his favor. When the ends of justice

24 so require, the court may ~~exercise~~ exercisesits

25 discretion and compel the appearance of a complaining

26 witness. The court shall state on the record reasons for

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1 granting a defense request to compel the presence of a

2 complaining witness. ~~In making a determination under this~~

3 ~~section, the court shall state on the record the reason~~

4 ~~for granting a defense request to compel the presence of a~~

5 ~~complaining witness, and only grant the request if the~~

6 ~~court finds by clear and convincing evidence that the~~

7 ~~defendant will be materially prejudiced if the complaining~~

8 ~~witness does not appear.~~Cross-examination of a

9 complaining witness at the pretrial detention hearing for

10 the purpose of impeaching the witness' credibility is

11 insufficient reason to compel the presence of the witness.

12 In deciding whether to compel the appearance of a

13 complaining witness, the court shall be considerate of the

14 emotional and physical well-being of the witness. The

15 pre-trial detention hearing is not to be used for purposes

16 of discovery, and the post arraignment rules of discovery

17 do not apply. The State shall tender to the defendant,

18 prior to the hearing, copies of defendant's criminal

19 history, if any, if available, and any written or recorded

20 statements and the substance of any oral statements made

21 by any person, if relied upon by the State in its petition.

22 ~~(5)~~ The rules concerning the admissibility of evidence

23 in criminal trials do not apply to the presentation and

24 consideration of information at the hearing. At the trial

25 concerning the offense for which the hearing was conducted

26 neither the finding of the court nor any transcript or

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1 other record of the hearing shall be admissible in the

2 State's case in chief, but shall be admissible for

3 impeachment, or as provided in Section 115-10.1 of this

4 Code, or in a perjury proceeding.

5 ~~(6) The~~ (B) A motion by the defendant ~~may not move~~ to

6 suppress evidence or to suppressa confession~~, however,~~

7 ~~evidence~~ shall not be entertained. Evidence that proof ~~of~~

8 ~~the charged crime~~may have beenobtained as the result of

9 an unlawful search ~~or~~ and seizure~~, or both,~~or through

10 improper interrogation~~,~~ is not relevant ~~in assessing the~~

11 ~~weight of the evidence against the defendant~~ to this state

12 of the prosecution.

13 ~~(7) Decisions regarding release, conditions of release~~

14 ~~and detention prior trial should be individualized, and no~~

15 ~~single factor or standard should be used exclusively to~~

16 ~~make a condition or detention decision.~~

17 (2) The facts relied upon by the court to support a

18 finding that the defendant poses a real and present threat

19 to the physical safety of any person or persons shall be

20 supported by clear and convincing evidence presented by

21 the State.

22 ~~(g)~~ (d) Factors to be considered in making a determination

23 of dangerousness. The court may, in determining whether the

24 defendant poses a ~~specific, imminent~~ real and present threat

25 ~~of serious~~ to the physical ~~harm to an identifiable~~ safety of

26 anyperson or persons, consider but shall not be limited to

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1 evidence or testimony concerning:

2 (1) The nature and circumstances of any offense

3 charged, including whether the offense is a crime of

4 violence, involving a weapon~~, or a sex offense~~.

5 (2) The history and characteristics of the defendant

6 including:

7 (A) Any evidence of the defendant's prior criminal

8 history indicative of violent, abusive or assaultive

9 behavior, or lack of such behavior. Such evidence may

10 include testimony or documents received in juvenile

11 proceedings, criminal, quasi-criminal, civil

12 commitment, domestic relations or other proceedings.

13 (B) Any evidence of the defendant's psychological,

14 psychiatric or other similar social history which

15 tends to indicate a violent, abusive, or assaultive

16 nature, or lack of any such history.

17 (3) The identity of any person or persons to whose

18 safety the defendant is believed to pose a threat, and the

19 nature of the threat;

20 (4) Any statements made by, or attributed to the

21 defendant, together with the circumstances surrounding

22 them;

23 (5) The age and physical condition of any person

24 assaulted by the defendant;

25 (6) ~~The age and physical condition of any victim or~~

26 ~~complaining witness;~~

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1 ~~(7)~~ Whether the defendant is known to possess or have

2 access to any weapon or weapons;

3 ~~(8)~~ (7) Whether, at the time of the current offense or

4 any other offense or arrest, the defendant was on

5 probation, parole, aftercare release, mandatory supervised

6 release or other release from custody pending trial,

7 sentencing, appeal or completion of sentence for an

8 offense under federal or state law;

9 ~~(9)~~ (8) Any other factors, including those listed in

10 Section 110-5 of this Article deemed by the court to have a

11 reasonable bearing upon the defendant's propensity or

12 reputation for violent, abusive or assaultive behavior, or

13 lack of such behavior.

14 ~~(h)~~ (e) Detention order. The court shall, in any order for

15 detention:

16 (1) briefly summarize the evidence of the defendant's

17 ~~guilt or innocence,~~ culpability and ~~the court's~~ its

18 reasons for concluding that the defendant should be ~~denied~~

19 ~~pretrial release~~ held without bail;

20 (2) direct that the defendant be committed to the

21 custody of the sheriff for confinement in the county jail

22 pending trial;

23 (3) direct that the defendant be given a reasonable

24 opportunity for private consultation with counsel, and for

25 communication with others of his~~or her~~ choice by

26 visitation, mail and telephone; and

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1 (4) direct that the sheriff deliver the defendant as

2 required for appearances in connection with court

3 proceedings.

4 ~~(i) Detention.~~ (f) If the court enters an order for the

5 detention of the defendant pursuant to subsection (e) of this

6 Section, the defendant shall be brought to trial on the

7 offense for which he is detained within 90 days after the date

8 on which the order for detention was entered. If the defendant

9 is not brought to trial within the 90 day period required by

10 the preceding sentence, he shall not be ~~denied pretrial~~

11 ~~release~~ held longer without bail. In computing the 90 day

12 period, the court shall omit any period of delay resulting

13 from a continuance granted at the request of the defendant.

14 ~~(j)~~ (g) Rights of the defendant. Any person shall be

15 entitled to appeal any order entered under this Section

16 denying ~~pretrial release~~ bail to the defendant.

17 ~~(k) Appeal.~~ (h) The State may appeal any order entered

18 under this Section denying any motion for denial of~~pretrial~~

19 ~~release~~ bail.

20 ~~(l) Presumption of innocence.~~ (i) Nothing in this Section

21 shall be construed as modifying or limiting in any way the

22 defendant's presumption of innocence in further criminal

23 proceedings.

24 ~~(m) Victim notice.~~

25 ~~(1) Crime Victims shall be given notice by the State's~~

26 ~~Attorney's office of this hearing as required in paragraph~~

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1 ~~(1) of subsection (b) of Section 4.5 of the Rights of Crime~~

2 ~~Victims and Witnesses Act and shall be informed of their~~

3 ~~opportunity at this hearing to obtain an order of~~

4 ~~protection under Article 112A of this Code.~~

5 (Source: P.A. 98-558, eff. 1-1-14; 101-652.)

6 (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)

7 Sec. 110-6.2. Post-conviction Detention.

8 (a) The court may order that a person who has been found

9 guilty of an offense and who is waiting imposition or

10 execution of sentence be held without ~~release~~ bond unless the

11 court finds by clear and convincing evidence that the person

12 is not likely to flee or pose a danger to any other person or

13 the community if released under Sections 110-5 and 110-10 of

14 this Act.

15 (b) The court may order that person who has been found

16 guilty of an offense and sentenced to a term of imprisonment be

17 held without ~~release~~ bondunless the court finds by clear and

18 convincing evidence that:

19 (1) the person is not likely to flee or pose a danger

20 to the safety of any other person or the community if

21 released on bond pending appeal; and

22 (2) that the appeal is not for purpose of delay and

23 raises a substantial question of law or fact likely to

24 result in reversal or an order for a new trial.

25 (Source: P.A. 96-1200, eff. 7-22-10; 101-652.)

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1 (725 ILCS 5/110-6.4)

2 Sec. 110-6.4. Statewide risk-assessment tool. The Supreme

3 Court may establish a statewide risk-assessment tool to be

4 used in proceedings to assist the court in establishing

5 ~~conditions of pretrial release~~ bail for a defendant by

6 assessing the defendant's likelihood of appearing at future

7 court proceedings or determining if the defendant poses a real

8 and present threat to the physical safety of any person or

9 persons. The Supreme Court shall consider establishing a

10 risk-assessment tool that does not discriminate on the basis

11 of race, gender, educational level, socio-economic status, or

12 neighborhood. If a risk-assessment tool is utilized within a

13 circuit that does not require a personal interview to be

14 completed, the Chief Judge of the circuit or the director of

15 the pretrial services agency may exempt the requirement under

16 Section 9 and subsection (a) of Section 7 of the Pretrial

17 Services Act.

18 For the purpose of this Section, "risk-assessment tool"

19 means an empirically validated, evidence-based screening

20 instrument that demonstrates reduced instances of a

21 defendant's failure to appear for further court proceedings or

22 prevents future criminal activity.

23 (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;

24 101-652.)

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1 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

2 Sec. 110-10. Conditions of ~~pretrial release~~ bail bond.

3 (a) If a person is released prior to conviction, either

4 upon payment of bail security or on his or her own

5 recognizance, the conditions of ~~pretrial release~~ the bail bond

6 shall be that he or she will:

7 (1) Appear to answer the charge in the court having

8 jurisdiction on a day certain and thereafter as ordered by

9 the court until discharged or final order of the court;

10 (2) Submit himself or herself to the orders and

11 process of the court;

12 (3) ~~(Blank);~~ Not depart this State without leave of

13 the court;

14 (4) Not violate any criminal statute of any

15 jurisdiction;

16 (5) At a time and place designated by the court,

17 surrender all firearms in his or her possession to a law

18 enforcement officer designated by the court to take

19 custody of and impound the firearms and physically

20 surrender his or her Firearm Owner's Identification Card

21 to the clerk of the circuit court when the offense the

22 person has been charged with is a forcible felony,

23 stalking, aggravated stalking, domestic battery, any

24 violation of the Illinois Controlled Substances Act, the

25 Methamphetamine Control and Community Protection Act, or

26 the Cannabis Control Act that is classified as a Class 2 or

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1 greater felony, or any felony violation of Article 24 of

2 the Criminal Code of 1961 or the Criminal Code of 2012; the

3 court may, however, forgo the imposition of this condition

4 when the circumstances of the case clearly do not warrant

5 it or when its imposition would be impractical; if the

6 Firearm Owner's Identification Card is confiscated, the

7 clerk of the circuit court shall mail the confiscated card

8 to the Illinois State Police; all legally possessed

9 firearms shall be returned to the person upon the charges

10 being dismissed, or if the person is found not guilty,

11 unless the finding of not guilty is by reason of insanity;

12 and

13 (6) At a time and place designated by the court,

14 submit to a psychological evaluation when the person has

15 been charged with a violation of item (4) of subsection

16 (a) of Section 24-1 of the Criminal Code of 1961 or the

17 Criminal Code of 2012 and that violation occurred in a

18 school or in any conveyance owned, leased, or contracted

19 by a school to transport students to or from school or a

20 school-related activity, or on any public way within 1,000

21 feet of real property comprising any school.

22 Psychological evaluations ordered pursuant to this Section

23 shall be completed promptly and made available to the State,

24 the defendant, and the court. As a further condition of

25 ~~pretrial release~~ bailunder these circumstances, the court

26 shall order the defendant to refrain from entering upon the

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1 property of the school, including any conveyance owned,

2 leased, or contracted by a school to transport students to or

3 from school or a school-related activity, or on any public way

4 within 1,000 feet of real property comprising any school. Upon

5 receipt of the psychological evaluation, either the State or

6 the defendant may request a change in the conditions of

7 ~~pretrial release~~ bail, pursuant to Section 110-6 of this Code.

8 The court may change the conditions of ~~pretrial release~~ bail

9 to include a requirement that the defendant follow the

10 recommendations of the psychological evaluation, including

11 undergoing psychiatric treatment. The conclusions of the

12 psychological evaluation and any statements elicited from the

13 defendant during its administration are not admissible as

14 evidence of guilt during the course of any trial on the charged

15 offense, unless the defendant places his or her mental

16 competency in issue.

17 (b) The court may impose other conditions, such as the

18 following, if the court finds that such conditions are

19 reasonably necessary to assure the defendant's appearance in

20 court, protect the public from the defendant, or prevent the

21 defendant's unlawful interference with the orderly

22 administration of justice:

23 ~~(0.05) Not depart this State without leave of the~~

24 ~~court;~~

25 (1) Report to or appear in person before such person

26 or agency as the court may direct;

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1 (2) Refrain from possessing a firearm or other

2 dangerous weapon;

3 (3) Refrain from approaching or communicating with

4 particular persons or classes of persons;

5 (4) Refrain from going to certain described

6 geographical areas or premises;

7 (5) Refrain from engaging in certain activities or

8 indulging in intoxicating liquors or in certain drugs;

9 (6) Undergo treatment for drug addiction or

10 alcoholism;

11 (7) Undergo medical or psychiatric treatment;

12 (8) Work or pursue a course of study or vocational

13 training;

14 (9) Attend or reside in a facility designated by the

15 court;

16 (10) Support his or her dependents;

17 (11) If a minor resides with his or her parents or in a

18 foster home, attend school, attend a non-residential

19 program for youths, and contribute to his or her own

20 support at home or in a foster home;

21 (12) Observe any curfew ordered by the court;

22 (13) Remain in the custody of such designated person

23 or organization agreeing to supervise his release. Such

24 third party custodian shall be responsible for notifying

25 the court if the defendant fails to observe the conditions

26 of release which the custodian has agreed to monitor, and

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1 shall be subject to contempt of court for failure so to

2 notify the court;

3 (14) Be placed under direct supervision of the

4 Pretrial Services Agency, Probation Department or Court

5 Services Department in a pretrialbond home supervision

6 capacity with or without the use of an approved electronic

7 monitoring device subject to Article 8A of Chapter V of

8 the Unified Code of Corrections;

9 (14.1) The court ~~may~~ shall impose upon a defendant who

10 is charged with any alcohol, cannabis, methamphetamine, or

11 controlled substance violation and is placed under direct

12 supervision of the Pretrial Services Agency, Probation

13 Department or Court Services Department in a pretrialbond

14 home supervision capacity with the use of an approved

15 monitoring device, as a condition of such ~~pretrial~~

16 ~~monitoring~~ bail bond, a fee that represents costs

17 incidental to the electronic monitoring for each day of

18 such ~~pretrial~~ bailsupervision ordered by the court,

19 unless after determining the inability of the defendant to

20 pay the fee, the court assesses a lesser fee or no fee as

21 the case may be. The fee shall be collected by the clerk of

22 the circuit court, except as provided in an administrative

23 order of the Chief Judge of the circuit court. The clerk of

24 the circuit court shall pay all monies collected from this

25 fee to the county treasurer for deposit in the substance

26 abuse services fund under Section 5-1086.1 of the Counties

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1 Code, except as provided in an administrative order of the

2 Chief Judge of the circuit court.

3 The Chief Judge of the circuit court of the county may

4 by administrative order establish a program for electronic

5 monitoring of offenders with regard to drug-related and

6 alcohol-related offenses, in which a vendor supplies and

7 monitors the operation of the electronic monitoring

8 device, and collects the fees on behalf of the county. The

9 program shall include provisions for indigent offenders

10 and the collection of unpaid fees. The program shall not

11 unduly burden the offender and shall be subject to review

12 by the Chief Judge.

13 The Chief Judge of the circuit court may suspend any

14 additional charges or fees for late payment, interest, or

15 damage to any device;

16 (14.2) The court ~~may~~ shall impose upon all defendants,

17 including those defendants subject to paragraph (14.1)

18 above, placed under direct supervision of the Pretrial

19 Services Agency, Probation Department or Court Services

20 Department in a pretrial bond home supervision capacity

21 with the use of an approved monitoring device, as a

22 condition of such ~~release~~ bail bond, a fee which shall

23 represent costs incidental to such electronic monitoring

24 for each day of such bailsupervision ordered by the

25 court, unless after determining the inability of the

26 defendant to pay the fee, the court assesses a lesser fee

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1 or no fee as the case may be. The fee shall be collected by

2 the clerk of the circuit court, except as provided in an

3 administrative order of the Chief Judge of the circuit

4 court. The clerk of the circuit court shall pay all monies

5 collected from this fee to the county treasurer who shall

6 use the monies collected to defray the costs of

7 corrections. The county treasurer shall deposit the fee

8 collected in the county working cash fund under Section

9 6-27001 or Section 6-29002 of the Counties Code, as the

10 case may be, except as provided in an administrative order

11 of the Chief Judge of the circuit court.

12 The Chief Judge of the circuit court of the county may

13 by administrative order establish a program for electronic

14 monitoring of offenders with regard to drug-related and

15 alcohol-related offenses, in which a vendor supplies and

16 monitors the operation of the electronic monitoring

17 device, and collects the fees on behalf of the county. The

18 program shall include provisions for indigent offenders

19 and the collection of unpaid fees. The program shall not

20 unduly burden the offender and shall be subject to review

21 by the Chief Judge.

22 The Chief Judge of the circuit court may suspend any

23 additional charges or fees for late payment, interest, or

24 damage to any device;

25 (14.3) The Chief Judge of the Judicial Circuit may

26 establish reasonable fees to be paid by a person receiving

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1 pretrial services while under supervision of a pretrial

2 services agency, probation department, or court services

3 department. Reasonable fees may be charged for pretrial

4 services including, but not limited to, pretrial

5 supervision, diversion programs, electronic monitoring,

6 victim impact services, drug and alcohol testing, DNA

7 testing, GPS electronic monitoring, assessments and

8 evaluations related to domestic violence and other

9 victims, and victim mediation services. The person

10 receiving pretrial services may be ordered to pay all

11 costs incidental to pretrial services in accordance with

12 his or her ability to pay those costs;

13 (14.4) For persons charged with violating Section

14 11-501 of the Illinois Vehicle Code, refrain from

15 operating a motor vehicle not equipped with an ignition

16 interlock device, as defined in Section 1-129.1 of the

17 Illinois Vehicle Code, pursuant to the rules promulgated

18 by the Secretary of State for the installation of ignition

19 interlock devices. Under this condition the court may

20 allow a defendant who is not self-employed to operate a

21 vehicle owned by the defendant's employer that is not

22 equipped with an ignition interlock device in the course

23 and scope of the defendant's employment;

24 (15) Comply with the terms and conditions of an order

25 of protection issued by the court under the Illinois

26 Domestic Violence Act of 1986 or an order of protection

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1 issued by the court of another state, tribe, or United

2 States territory;

3 (16) ~~(Blank); and~~ Under Section 110-6.5 comply with

4 the conditions of the drug testing program; and

5 (17) Such other reasonable conditions as the court may

6 impose.

7 (c) When a person is charged with an offense under Section

8 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

9 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

10 Criminal Code of 2012, involving a victim who is a minor under

11 18 years of age living in the same household with the defendant

12 at the time of the offense, in granting bail or releasing the

13 defendant on his own recognizance, the judge shall impose

14 conditions to restrict the defendant's access to the victim

15 which may include, but are not limited to conditions that he

16 will:

17 1. Vacate the household.

18 2. Make payment of temporary support to his

19 dependents.

20 3. Refrain from contact or communication with the

21 child victim, except as ordered by the court.

22 (d) When a person is charged with a criminal offense and

23 the victim is a family or household member as defined in

24 Article 112A, conditions shall be imposed at the time of the

25 defendant's release on bondthat restrict the defendant's

26 access to the victim. Unless provided otherwise by the court,

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1 the restrictions shall include requirements that the defendant

2 do the following:

3 (1) refrain from contact or communication with the

4 victim for a minimum period of 72 hours following the

5 defendant's release; and

6 (2) refrain from entering or remaining at the victim's

7 residence for a minimum period of 72 hours following the

8 defendant's release.

9 (e) Local law enforcement agencies shall develop

10 standardized ~~pretrial release~~ bondforms for use in cases

11 involving family or household members as defined in Article

12 112A, including specific conditions of ~~pretrial release~~ bond

13 as provided in subsection (d). Failure of any law enforcement

14 department to develop or use those forms shall in no way limit

15 the applicability and enforcement of subsections (d) and (f).

16 (f) If the defendant is ~~released~~ admitted to bail after

17 conviction ~~following appeal or other post-conviction~~

18 ~~proceeding,~~the conditions of the~~pretrial release~~ bail bond

19 shall be that he will, in addition to the conditions set forth

20 in subsections (a) and (b) hereof:

21 (1) Duly prosecute his appeal;

22 (2) Appear at such time and place as the court may

23 direct;

24 (3) Not depart this State without leave of the court;

25 (4) Comply with such other reasonable conditions as

26 the court may impose; and

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1 (5) If the judgment is affirmed or the cause reversed

2 and remanded for a new trial, forthwith surrender to the

3 officer from whose custody he was~~released~~ bailed.

4 (g) Upon a finding of guilty for any felony offense, the

5 defendant shall physically surrender, at a time and place

6 designated by the court, any and all firearms in his or her

7 possession and his or her Firearm Owner's Identification Card

8 as a condition of ~~being released~~ remaining on bond pending

9 sentencing.

10 (h) In the event the defendant is ~~denied pretrial release~~

11 unable to post bond, the court may impose a no contact

12 provision with the victim or other interested party that shall

13 be enforced while the defendant remains in custody.

14 (Source: P.A. 101-138, eff. 1-1-20; 101-652.)

15 (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)

16 Sec. 110-11. ~~Pretrial release~~ Bail on a new trial. If the

17 judgment of conviction is reversed and the cause remanded for

18 a new trial the trial court may order that the~~conditions of~~

19 ~~pretrial release~~ bailstand pending such trial, or~~modify the~~

20 ~~conditions of pretrial release~~ reduce or increase bail.

21 (Source: Laws 1963, p. 2836; P.A. 101-652.)

22 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)

23 Sec. 110-12. Notice of change of address.

24 A defendant who has been admitted to ~~pretrial release~~ bail

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1 shall file a written notice with the clerk of the court before

2 which the proceeding is pending of any change in his or her

3 address within 24 hours after such change, except that a

4 defendant who has been admitted to~~pretrial release~~ bail for a

5 forcible felony as defined in Section 2-8 of the Criminal Code

6 of 2012 shall file a written notice with the clerk of the court

7 before which the proceeding is pending and the clerk shall

8 immediately deliver a time stamped copy of the written notice

9 to the State's Attorney charged with the prosecution within 24

10 hours prior to such change. The address of a defendant who has

11 been admitted to~~pretrial release~~ bail shall at all times

12 remain a matter of public record with the clerk of the court.

13 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

14 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)

15 Sec. 111-2. Commencement of prosecutions.

16 (a) All prosecutions of felonies shall be by information

17 or by indictment. No prosecution may be pursued by information

18 unless a preliminary hearing has been held or waived in

19 accordance with Section 109-3 and at that hearing probable

20 cause to believe the defendant committed an offense was found,

21 and the provisions of Section 109-3.1 of this Code have been

22 complied with.

23 (b) All other prosecutions may be by indictment,

24 information or complaint.

25 (c) Upon the filing of an information or indictment in

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1 open court charging the defendant with the commission of a sex

2 offense defined in any Section of Article 11 of the Criminal

3 Code of 1961 or the Criminal Code of 2012, and a minor as

4 defined in Section 1-3 of the Juvenile Court Act of 1987 is

5 alleged to be the victim of the commission of the acts of the

6 defendant in the commission of such offense, the court may

7 appoint a guardian ad litem for the minor as provided in

8 Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of

9 1987.

10 (d) Upon the filing of an information or indictment in

11 open court, the court shall immediately issue a warrant for

12 the arrest of each person charged with an offense directed to a

13 peace officer or some other person specifically named

14 commanding him to arrest such person.

15 (e) When the offense is ~~eligible for pretrial release~~

16 bailable, the judge shall endorse on the warrant the

17 ~~conditions of pretrial release~~ amount of bail required by the

18 order of the court, and if the court orders the process

19 returnable forthwith, the warrant shall require that the

20 accused be arrested and brought immediately into court.

21 (f) Where the prosecution of a felony is by information or

22 complaint after preliminary hearing, or after a waiver of

23 preliminary hearing in accordance with paragraph (a) of this

24 Section, such prosecution may be for all offenses, arising

25 from the same transaction or conduct of a defendant even

26 though the complaint or complaints filed at the preliminary

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LRB102 21800 RLC 30920 b

1 hearing charged only one or some of the offenses arising from

2 that transaction or conduct.

3 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

4 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

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

6 Sec. 112A-23. Enforcement of protective orders.

7 (a) When violation is crime. A violation of any protective

8 order, whether issued in a civil, quasi-criminal proceeding,

9 shall be enforced by a criminal court when:

10 (1) The respondent commits the crime of violation of a

11 domestic violence order of protection pursuant to Section

12 12-3.4 or 12-30 of the Criminal Code of 1961 or the

13 Criminal Code of 2012, by having knowingly violated:

14 (i) remedies described in paragraph ~~paragraphs~~

15 (1), (2), (3), (14), or (14.5) of subsection (b) of

16 Section 112A-14 of this Code,

17 (ii) a remedy, which is substantially similar to

18 the remedies authorized underparagraph ~~paragraphs~~

19 (1), (2), (3), (14), or (14.5) of subsection (b) of

20 Section 214 of the Illinois Domestic Violence Act of

21 1986, in a valid order of protection, which is

22 authorized under the laws of another state, tribe, or

23 United States territory, or

24 (iii) any other remedy when the act constitutes a

25 crime against the protected parties as defined by the

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1 Criminal Code of 1961 or the Criminal Code of 2012.

2 Prosecution for a violation of a domestic violence

3 order of protection shall not bar concurrent prosecution

4 for any other crime, including any crime that may have

5 been committed at the time of the violation of the

6 domestic violence order of protection; or

7 (2) The respondent commits the crime of child

8 abduction pursuant to Section 10-5 of the Criminal Code of

9 1961 or the Criminal Code of 2012, by having knowingly

10 violated:

11 (i) remedies described in paragraph ~~paragraphs~~

12 (5), (6), or (8) of subsection (b) of Section 112A-14

13 of this Code, or

14 (ii) a remedy, which is substantially similar to

15 the remedies authorized underparagraph ~~paragraphs~~

16 (1), (5), (6), or (8) of subsection (b) of Section 214

17 of the Illinois Domestic Violence Act of 1986, in a

18 valid domestic violence order of protection, which is

19 authorized under the laws of another state, tribe, or

20 United States territory.

21 (3) The respondent commits the crime of violation of a

22 civil no contact order when the respondent violates

23 Section 12-3.8 of the Criminal Code of 2012. Prosecution

24 for a violation of a civil no contact order shall not bar

25 concurrent prosecution for any other crime, including any

26 crime that may have been committed at the time of the

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1 violation of the civil no contact order.

2 (4) The respondent commits the crime of violation of a

3 stalking no contact order when the respondent violates

4 Section 12-3.9 of the Criminal Code of 2012. Prosecution

5 for a violation of a stalking no contact order shall not

6 bar concurrent prosecution for any other crime, including

7 any crime that may have been committed at the time of the

8 violation of the stalking no contact order.

9 (b) When violation is contempt of court. A violation of

10 any valid protective order, whether issued in a civil or

11 criminal proceeding, may be enforced through civil or criminal

12 contempt procedures, as appropriate, by any court with

13 jurisdiction, regardless where the act or acts which violated

14 the protective order were committed, to the extent consistent

15 with the venue provisions of this Article. Nothing in this

16 Article shall preclude any Illinois court from enforcing any

17 valid protective order issued in another state. Illinois

18 courts may enforce protective orders through both criminal

19 prosecution and contempt proceedings, unless the action which

20 is second in time is barred by collateral estoppel or the

21 constitutional prohibition against double jeopardy.

22 (1) In a contempt proceeding where the petition for a

23 rule to show cause sets forth facts evidencing an

24 immediate danger that the respondent will flee the

25 jurisdiction, conceal a child, or inflict physical abuse

26 on the petitioner or minor children or on dependent adults

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1 in petitioner's care, the court may order the attachment

2 of the respondent without prior service of the rule to

3 show cause or the petition for a rule to show cause. Bond

4 shall be set unless specifically denied in writing.

5 (2) A petition for a rule to show cause for violation

6 of a protective order shall be treated as an expedited

7 proceeding.

8 (c) Violation of custody, allocation of parental

9 responsibility, or support orders. A violation of remedies

10 described in paragraph ~~paragraphs~~ (5), (6), (8), or (9) of

11 subsection (b) of Section 112A-14 of this Code may be enforced

12 by any remedy provided by Section 607.5 of the Illinois

13 Marriage and Dissolution of Marriage Act. The court may

14 enforce any order for support issued under paragraph (12) of

15 subsection (b) of Section 112A-14 of this Code in the manner

16 provided for under Parts V and VII of the Illinois Marriage and

17 Dissolution of Marriage Act.

18 (d) Actual knowledge. A protective order may be enforced

19 pursuant to this Section if the respondent violates the order

20 after therespondent has actual knowledge of its contents as

21 shown through one of the following means:

22 (1) (Blank).

23 (2) (Blank).

24 (3) By service of a protective order under subsection

25 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

26 (4) By other means demonstrating actual knowledge of

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1 the contents of the order.

2 (e) The enforcement of a protective order in civil or

3 criminal court shall not be affected by either of the

4 following:

5 (1) The existence of a separate, correlative order

6 entered under Section 112A-15 of this Code.

7 (2) Any finding or order entered in a conjoined

8 criminal proceeding.

9 (e-5) If a civil no contact order entered under subsection

10 (6) of Section 112A-20 of the Code of Criminal Procedure of

11 1963 conflicts with an order issued pursuant to the Juvenile

12 Court Act of 1987 or the Illinois Marriage and Dissolution of

13 Marriage Act, the conflicting order issued under subsection

14 (6) of Section 112A-20 of the Code of Criminal Procedure of

15 1963 shall be void.

16 (f) Circumstances. The court, when determining whether or

17 not a violation of a protective order has occurred, shall not

18 require physical manifestations of abuse on the person of the

19 victim.

20 (g) Penalties.

21 (1) Except as provided in paragraph (3) of this

22 subsection (g), where the court finds the commission of a

23 crime or contempt of court undersubsection ~~subsections~~

24 (a) or (b) of this Section, the penalty shall be the

25 penalty that generally applies in such criminal or

26 contempt proceedings, and may include one or more of the

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1 following: incarceration, payment of restitution, a fine,

2 payment of attorneys' fees and costs, or community

3 service.

4 (2) The court shall hear and take into account

5 evidence of any factors in aggravation or mitigation

6 before deciding an appropriate penalty under paragraph (1)

7 of this subsection (g).

8 (3) To the extent permitted by law, the court is

9 encouraged to:

10 (i) increase the penalty for the knowing violation

11 of any protective order over any penalty previously

12 imposed by any court for respondent's violation of any

13 protective order or penal statute involving petitioner

14 as victim and respondent as defendant;

15 (ii) impose a minimum penalty of 24 hours

16 imprisonment for respondent's first violation of any

17 protective order; and

18 (iii) impose a minimum penalty of 48 hours

19 imprisonment for respondent's second or subsequent

20 violation of a protective order

21 unless the court explicitly finds that an increased

22 penalty or that period of imprisonment would be manifestly

23 unjust.

24 (4) In addition to any other penalties imposed for a

25 violation of a protective order, a criminal court may

26 consider evidence of any violations of a protective order:

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1 (i) to increase, revoke, or modify the bail bond

2 on an underlying criminal charge pursuant to Section

3 110-6 of this Code;

4 (ii) to revoke or modify an order of probation,

5 conditional discharge, or supervision, pursuant to

6 Section 5-6-4 of the Unified Code of Corrections;

7 (iii) to revoke or modify a sentence of periodic

8 imprisonment, pursuant to Section 5-7-2 of the Unified

9 Code of Corrections.

10 (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)

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

12 Sec. 112A-23. Enforcement of protective orders.

13 (a) When violation is crime. A violation of any protective

14 order, whether issued in a civil, quasi-criminal proceeding,

15 shall be enforced by a criminal court when:

16 (1) The respondent commits the crime of violation of a

17 domestic violence order of protection pursuant to Section

18 12-3.4 or 12-30 of the Criminal Code of 1961 or the

19 Criminal Code of 2012, by having knowingly violated:

20 (i) remedies described in paragraph ~~paragraphs~~

21 (1), (2), (3), (14), or (14.5) of subsection (b) of

22 Section 112A-14 of this Code,

23 (ii) a remedy, which is substantially similar to

24 the remedies authorized underparagraph ~~paragraphs~~

25 (1), (2), (3), (14), or (14.5) of subsection (b) of

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1 Section 214 of the Illinois Domestic Violence Act of

2 1986, in a valid order of protection, which is

3 authorized under the laws of another state, tribe, or

4 United States territory,~~or~~

5 (iii) orany other remedy when the act constitutes

6 a crime against the protected parties as defined by

7 the Criminal Code of 1961 or the Criminal Code of 2012.

8 Prosecution for a violation of a domestic violence

9 order of protection shall not bar concurrent prosecution

10 for any other crime, including any crime that may have

11 been committed at the time of the violation of the

12 domestic violence order of protection; or

13 (2) The respondent commits the crime of child

14 abduction pursuant to Section 10-5 of the Criminal Code of

15 1961 or the Criminal Code of 2012, by having knowingly

16 violated:

17 (i) remedies described in paragraph ~~paragraphs~~

18 (5), (6), or (8) of subsection (b) of Section 112A-14

19 of this Code, or

20 (ii) a remedy, which is substantially similar to

21 the remedies authorized underparagraph ~~paragraphs~~

22 (1), (5), (6), or (8) of subsection (b) of Section 214

23 of the Illinois Domestic Violence Act of 1986, in a

24 valid domestic violence order of protection, which is

25 authorized under the laws of another state, tribe, or

26 United States territory.

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1 (3) The respondent commits the crime of violation of a

2 civil no contact order when the respondent violates

3 Section 12-3.8 of the Criminal Code of 2012. Prosecution

4 for a violation of a civil no contact order shall not bar

5 concurrent prosecution for any other crime, including any

6 crime that may have been committed at the time of the

7 violation of the civil no contact order.

8 (4) The respondent commits the crime of violation of a

9 stalking no contact order when the respondent violates

10 Section 12-3.9 of the Criminal Code of 2012. Prosecution

11 for a violation of a stalking no contact order shall not

12 bar concurrent prosecution for any other crime, including

13 any crime that may have been committed at the time of the

14 violation of the stalking no contact order.

15 (b) When violation is contempt of court. A violation of

16 any valid protective order, whether issued in a civil or

17 criminal proceeding, may be enforced through civil or criminal

18 contempt procedures, as appropriate, by any court with

19 jurisdiction, regardless where the act or acts which violated

20 the protective order were committed, to the extent consistent

21 with the venue provisions of this Article. Nothing in this

22 Article shall preclude any Illinois court from enforcing any

23 valid protective order issued in another state. Illinois

24 courts may enforce protective orders through both criminal

25 prosecution and contempt proceedings, unless the action which

26 is second in time is barred by collateral estoppel or the

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1 constitutional prohibition against double jeopardy.

2 (1) In a contempt proceeding where the petition for a

3 rule to show cause sets forth facts evidencing an

4 immediate danger that the respondent will flee the

5 jurisdiction, conceal a child, or inflict physical abuse

6 on the petitioner or minor children or on dependent adults

7 in petitioner's care, the court may order the attachment

8 of the respondent without prior service of the rule to

9 show cause or the petition for a rule to show cause. Bond

10 shall be set unless specifically denied in writing.

11 (2) A petition for a rule to show cause for violation

12 of a protective order shall be treated as an expedited

13 proceeding.

14 (c) Violation of custody, allocation of parental

15 responsibility, or support orders. A violation of remedies

16 described in paragraph ~~paragraphs~~ (5), (6), (8), or (9) of

17 subsection (b) of Section 112A-14 of this Code may be enforced

18 by any remedy provided by Section 607.5 of the Illinois

19 Marriage and Dissolution of Marriage Act. The court may

20 enforce any order for support issued under paragraph (12) of

21 subsection (b) of Section 112A-14 of this Code in the manner

22 provided for under Parts V and VII of the Illinois Marriage and

23 Dissolution of Marriage Act.

24 (d) Actual knowledge. A protective order may be enforced

25 pursuant to this Section if the respondent violates the order

26 after therespondent has actual knowledge of its contents as

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1 shown through one of the following means:

2 (1) (Blank).

3 (2) (Blank).

4 (3) By service of a protective order under subsection

5 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

6 (4) By other means demonstrating actual knowledge of

7 the contents of the order.

8 (e) The enforcement of a protective order in civil or

9 criminal court shall not be affected by either of the

10 following:

11 (1) The existence of a separate, correlative order

12 entered under Section 112A-15 of this Code.

13 (2) Any finding or order entered in a conjoined

14 criminal proceeding.

15 (e-5) If a civil no contact order entered under subsection

16 (6) of Section 112A-20 of the Code of Criminal Procedure of

17 1963 conflicts with an order issued pursuant to the Juvenile

18 Court Act of 1987 or the Illinois Marriage and Dissolution of

19 Marriage Act, the conflicting order issued under subsection

20 (6) of Section 112A-20 of the Code of Criminal Procedure of

21 1963 shall be void.

22 (f) Circumstances. The court, when determining whether or

23 not a violation of a protective order has occurred, shall not

24 require physical manifestations of abuse on the person of the

25 victim.

26 (g) Penalties.

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1 (1) Except as provided in paragraph (3) of this

2 subsection (g), where the court finds the commission of a

3 crime or contempt of court undersubsection ~~subsections~~

4 (a) or (b) of this Section, the penalty shall be the

5 penalty that generally applies in such criminal or

6 contempt proceedings, and may include one or more of the

7 following: incarceration, payment of restitution, a fine,

8 payment of attorneys' fees and costs, or community

9 service.

10 (2) The court shall hear and take into account

11 evidence of any factors in aggravation or mitigation

12 before deciding an appropriate penalty under paragraph (1)

13 of this subsection (g).

14 (3) To the extent permitted by law, the court is

15 encouraged to:

16 (i) increase the penalty for the knowing violation

17 of any protective order over any penalty previously

18 imposed by any court for respondent's violation of any

19 protective order or penal statute involving petitioner

20 as victim and respondent as defendant;

21 (ii) impose a minimum penalty of 24 hours

22 imprisonment for respondent's first violation of any

23 protective order; and

24 (iii) impose a minimum penalty of 48 hours

25 imprisonment for respondent's second or subsequent

26 violation of a protective order

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1 unless the court explicitly finds that an increased

2 penalty or that period of imprisonment would be manifestly

3 unjust.

4 (4) In addition to any other penalties imposed for a

5 violation of a protective order, a criminal court may

6 consider evidence of any violations of a protective order:

7 (i) to increase, revoke, or modify the ~~conditions~~

8 ~~of pretrial release~~ bail bondon an underlying

9 criminal charge pursuant to Section 110-6 of this

10 Code;

11 (ii) to revoke or modify an order of probation,

12 conditional discharge, or supervision, pursuant to

13 Section 5-6-4 of the Unified Code of Corrections;

14 (iii) to revoke or modify a sentence of periodic

15 imprisonment, pursuant to Section 5-7-2 of the Unified

16 Code of Corrections.

17 (Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;

18 102-558, eff. 8-20-21; revised 10-12-21.)

19 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)

20 Sec. 114-1. Motion to dismiss charge.

21 (a) Upon the written motion of the defendant made prior to

22 trial before or after a plea has been entered the court may

23 dismiss the indictment, information or complaint upon any of

24 the following grounds:

25 (1) The defendant has not been placed on trial in

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1 compliance with Section 103-5 of this Code.

2 (2) The prosecution of the offense is barred by

3 Sections 3-3 through 3-8 of the Criminal Code of 2012.

4 (3) The defendant has received immunity from

5 prosecution for the offense charged.

6 (4) The indictment was returned by a Grand Jury which

7 was improperly selected and which results in substantial

8 injustice to the defendant.

9 (5) The indictment was returned by a Grand Jury which

10 acted contrary to Article 112 of this Code and which

11 results in substantial injustice to the defendant.

12 (6) The court in which the charge has been filed does

13 not have jurisdiction.

14 (7) The county is an improper place of trial.

15 (8) The charge does not state an offense.

16 (9) The indictment is based solely upon the testimony

17 of an incompetent witness.

18 (10) The defendant is misnamed in the charge and the

19 misnomer results in substantial injustice to the

20 defendant.

21 (11) The requirements of Section 109-3.1 have not been

22 complied with.

23 (b) The court shall require any motion to dismiss to be

24 filed within a reasonable time after the defendant has been

25 arraigned. Any motion not filed within such time or an

26 extension thereof shall not be considered by the court and the

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1 grounds therefor, except as to subsections (a)(6) and (a)(8)

2 of this Section, are waived.

3 (c) If the motion presents only an issue of law the court

4 shall determine it without the necessity of further pleadings.

5 If the motion alleges facts not of record in the case the State

6 shall file an answer admitting or denying each of the factual

7 allegations of the motion.

8 (d) When an issue of fact is presented by a motion to

9 dismiss and the answer of the State the court shall conduct a

10 hearing and determine the issues.

11 (d-5) When a defendant seeks dismissal of the charge upon

12 the ground set forth in subsection (a)(7) of this Section, the

13 defendant shall make a prima facie showing that the county is

14 an improper place of trial. Upon such showing, the State shall

15 have the burden of proving, by a preponderance of the

16 evidence, that the county is the proper place of trial.

17 (d-6) When a defendant seeks dismissal of the charge upon

18 the grounds set forth in subsection (a)(2) of this Section,

19 the prosecution shall have the burden of proving, by a

20 preponderance of the evidence, that the prosecution of the

21 offense is not barred by Sections 3-3 through 3-8 of the

22 Criminal Code of 2012.

23 (e) Dismissal of the charge upon the grounds set forth in

24 subsections (a)(4) through (a)(11) of this Section shall not

25 prevent the return of a new indictment or the filing of a new

26 charge, and upon such dismissal the court may order that the

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1 defendant be held in custody or, if the defendant had been

2 previously released on ~~pretrial release~~ bail, that the

3 ~~pretrial release~~ bail be continued for a specified time

4 pending the return of a new indictment or the filing of a new

5 charge.

6 (f) If the court determines that the motion to dismiss

7 based upon the grounds set forth in subsections (a)(6) and

8 (a)(7) is well founded it may, instead of dismissal, order the

9 cause transferred to a court of competent jurisdiction or to a

10 proper place of trial.

11 (Source: P.A. 100-434, eff. 1-1-18; 101-652.)

12 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)

13 Sec. 115-4.1. Absence of defendant.

14 (a) When a defendant after arrest and an initial court

15 appearance for a non-capital felony or a misdemeanor, fails to

16 appear for trial, at the request of the State and after the

17 State has affirmatively proven through substantial evidence

18 that the defendant is willfully avoiding trial, the court may

19 commence trial in the absence of the defendant. Absence of a

20 defendant as specified in this Section shall not be a bar to

21 indictment of a defendant, return of information against a

22 defendant, or arraignment of a defendant for the charge for

23 which~~pretrial release~~ bail has been granted. If a defendant

24 fails to appear at arraignment, the court may enter a plea of

25 "not guilty" on his behalf. If a defendant absents himself

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1 before trial on a capital felony, trial may proceed as

2 specified in this Section provided that the State certifies

3 that it will not seek a death sentence following conviction.

4 Trial in the defendant's absence shall be by jury unless the

5 defendant had previously waived trial by jury. The absent

6 defendant must be represented by retained or appointed

7 counsel. The court, at the conclusion of all of the

8 proceedings, may order the clerk of the circuit court to pay

9 counsel such sum as the court deems reasonable, from any bond

10 monies which were posted by the defendant with the clerk,

11 after the clerk has first deducted all court costs. If trial

12 had previously commenced in the presence of the defendant and

13 the defendant willfully absents himself for two successive

14 court days, the court shall proceed to trial. All procedural

15 rights guaranteed by the United States Constitution,

16 Constitution of the State of Illinois, statutes of the State

17 of Illinois, and rules of court shall apply to the proceedings

18 the same as if the defendant were present in court and had not

19 either ~~had his or her pretrial release revoked~~ forfeited his

20 bail bondor escaped from custody. The court may set the case

21 for a trial which may be conducted under this Section despite

22 the failure of the defendant to appear at the hearing at which

23 the trial date is set. When such trial date is set the clerk

24 shall send to the defendant, by certified mail at his last

25 known address indicated on his bond slip, notice of the new

26 date which has been set for trial. Such notification shall be

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1 required when the defendant was not personally present in open

2 court at the time when the case was set for trial.

3 (b) The absence of a defendant from a trial conducted

4 pursuant to this Section does not operate as a bar to

5 concluding the trial, to a judgment of conviction resulting

6 therefrom, or to a final disposition of the trial in favor of

7 the defendant.

8 (c) Upon a verdict of not guilty, the court shall enter

9 judgment for the defendant. Upon a verdict of guilty, the

10 court shall set a date for the hearing of post-trial motions

11 and shall hear such motion in the absence of the defendant. If

12 post-trial motions are denied, the court shall proceed to

13 conduct a sentencing hearing and to impose a sentence upon the

14 defendant.

15 (d) A defendant who is absent for part of the proceedings

16 of trial, post-trial motions, or sentencing, does not thereby

17 forfeit his right to be present at all remaining proceedings.

18 (e) When a defendant who in his absence has been either

19 convicted or sentenced or both convicted and sentenced appears

20 before the court, he must be granted a new trial or new

21 sentencing hearing if the defendant can establish that his

22 failure to appear in court was both without his fault and due

23 to circumstances beyond his control. A hearing with notice to

24 the State's Attorney on the defendant's request for a new

25 trial or a new sentencing hearing must be held before any such

26 request may be granted. At any such hearing both the defendant

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1 and the State may present evidence.

2 (f) If the court grants only the defendant's request for a

3 new sentencing hearing, then a new sentencing hearing shall be

4 held in accordance with the provisions of the Unified Code of

5 Corrections. At any such hearing, both the defendant and the

6 State may offer evidence of the defendant's conduct during his

7 period of absence from the court. The court may impose any

8 sentence authorized by the Unified Code of Corrections and is

9 not in any way limited or restricted by any sentence

10 previously imposed.

11 (g) A defendant whose motion under paragraph (e) for a new

12 trial or new sentencing hearing has been denied may file a

13 notice of appeal therefrom. Such notice may also include a

14 request for review of the judgment and sentence not vacated by

15 the trial court.

16 (Source: P.A. 90-787, eff. 8-14-98; 101-652.)

17 (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)

18 Sec. 122-6. Disposition in trial court.

19 The court may receive proof by affidavits, depositions,

20 oral testimony, or other evidence. In its discretion the court

21 may order the petitioner brought before the court for the

22 hearing. If the court finds in favor of the petitioner, it

23 shall enter an appropriate order with respect to the judgment

24 or sentence in the former proceedings and such supplementary

25 orders as to rearraignment, retrial, custody, ~~conditions of~~

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1 ~~pretrial release~~ bailor discharge as may be necessary and

2 proper.

3 (Source: Laws 1963, p. 2836; P.A. 101-652.)

4 (725 ILCS 5/110-1.5 rep.)

5 Section 225. The Code of Criminal Procedure of 1963 is

6 amended by repealing Section 110-1.5.

7 Section 230. The Code of Criminal Procedure of 1963 is

8 amended by changing the heading of Article 110 by changing

9 Sections 103-2, 103-3, and 108-8 as follows:

10 (725 ILCS 5/103-2) (from Ch. 38, par. 103-2)

11 Sec. 103-2. Treatment while in custody.

12 (a) On being taken into custody every person shall have

13 the right to remain silent.

14 (b) No unlawful means of any kind shall be used to obtain a

15 statement, admission or confession from any person in custody.

16 (c) Persons in custody shall be treated humanely and

17 provided with proper food, shelter and, if required, medical

18 treatment ~~without unreasonable delay if the need for the~~

19 ~~treatment is apparent~~.

20 (Source: Laws 1963, p. 2836; P.A. 101-652.)

21 (725 ILCS 5/103-3) (from Ch. 38, par. 103-3)

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

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1 Sec. 103-3. Right to communicate with attorney and family;

2 transfers.

3 (a) Persons who are arrested shall have the right to

4 communicate with an attorney of their choice and a member of

5 their family by making a reasonable number of telephone calls

6 or in any other reasonable manner. Such communication shall be

7 permitted within a reasonable time after arrival at the first

8 place of custody.

9 (b) In the event the accused is transferred to a new place

10 of custody his right to communicate with an attorney and a

11 member of his family is renewed.

12 (Source: Laws 1963, p. 2836.)

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

14 Sec. 103-3. Right to communicate with attorney and family;

15 transfers.

16 (a) ~~(Blank).~~ Persons who are arrested shall have the right

17 to communicate with an attorney of their choice and a member of

18 their family by making a reasonable number of telephone calls

19 or in any other reasonable manner. Such communication shall be

20 permitted within a reasonable time after arrival at the first

21 place of custody.

22 ~~(a-5) Persons who are in police custody have the right to~~

23 ~~communicate free of charge with an attorney of their choice~~

24 ~~and members of their family as soon as possible upon being~~

25 ~~taken into police custody, but no later than three hours after~~

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1 ~~arrival at the first place of custody. Persons in police~~

2 ~~custody must be given:~~

3 ~~(1) access to use a telephone via a land line or~~

4 ~~cellular phone to make three phone calls; and~~

5 ~~(2) the ability to retrieve phone numbers contained in~~

6 ~~his or her contact list on his or her cellular phone prior~~

7 ~~to the phone being placed into inventory.~~

8 ~~(a-10) In accordance with Section 103-7, at every facility~~

9 ~~where a person is in police custody a sign containing, at~~

10 ~~minimum, the following information in bold block type must be~~

11 ~~posted in a conspicuous place:~~

12 ~~(1) a short statement notifying persons who are in~~

13 ~~police custody of their right to have access to a phone~~

14 ~~within three hours after being taken into police custody;~~

15 ~~and~~

16 ~~(2) persons who are in police custody have the right~~

17 ~~to make three phone calls within three hours after being~~

18 ~~taken into custody, at no charge.~~

19 ~~(a-15) In addition to the information listed in subsection~~

20 ~~(a-10), if the place of custody is located in a jurisdiction~~

21 ~~where the court has appointed the public defender or other~~

22 ~~attorney to represent persons who are in police custody, the~~

23 ~~telephone number to the public defender or appointed~~

24 ~~attorney's office must also be displayed. The telephone call~~

25 ~~to the public defender or other attorney must not be~~

26 ~~monitored, eavesdropped upon, or recorded.~~

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1 (b) ~~(Blank).~~ In the event the accused is transferred to a

2 new place of custody his right to communicate with an attorney

3 and a member of his family is renewed.

4 ~~(c) In the event a person who is in police custody is~~

5 ~~transferred to a new place of custody, his or her right to make~~

6 ~~telephone calls under this Section within three hours after~~

7 ~~arrival is renewed.~~

8 ~~(d) In this Section "custody" means the restriction of a~~

9 ~~person's freedom of movement by a law enforcement officer's~~

10 ~~exercise of his or her lawful authority.~~

11 ~~(e) The three hours requirement shall not apply while the~~

12 ~~person in police custody is asleep, unconscious, or otherwise~~

13 ~~incapacitated.~~

14 ~~(f) Nothing in this Section shall interfere with a~~

15 ~~person's rights or override procedures required in the Bill of~~

16 ~~Rights of the Illinois and US Constitutions, including but not~~

17 ~~limited to Fourth Amendment search and seizure rights, Fifth~~

18 ~~Amendment due process rights and rights to be free from~~

19 ~~self-incrimination and Sixth Amendment right to counsel.~~

20 (Source: P.A. 101-652, eff. 7-1-21.)

21 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)

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

23 Sec. 108-8. Use of force in execution of search warrant.

24 (a) All necessary and reasonable force may be used to

25 effect an entry into any building or property or part thereof

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1 to execute a search warrant.

2 (b) The court issuing a warrant may authorize the officer

3 executing the warrant to make entry without first knocking and

4 announcing his or her office if it finds, based upon a showing

5 of specific facts, the existence of the following exigent

6 circumstances:

7 (1) That the officer reasonably believes that if

8 notice were given a weapon would be used:

9 (i) against the officer executing the search

10 warrant; or

11 (ii) against another person.

12 (2) That if notice were given there is an imminent

13 "danger" that evidence will be destroyed.

14 (Source: P.A. 92-502, eff. 12-19-01.)

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

16 Sec. 108-8. Use of force in execution of search warrant.

17 (a) All necessary and reasonable force may be used to

18 effect an entry into any building or property or part thereof

19 to execute a search warrant.

20 (b) The court issuing a warrant may authorize the officer

21 executing the warrant to make entry without first knocking and

22 announcing his or her office if it finds, based upon a showing

23 of specific facts, the existence of the following exigent

24 circumstances:

25 (1) That the officer reasonably believes that if

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1 notice were given a weapon would be used:

2 (i) against the officer executing the search

3 warrant; or

4 (ii) against another person.

5 (2) That if notice were given there is an imminent

6 "danger" that evidence will be destroyed.

7 ~~(c) Prior to the issuing of a warrant under subsection~~

8 ~~(b), the officer must attest that:~~

9 ~~(1) prior to entering the location described in the~~

10 ~~search warrant, a supervising officer will ensure that~~

11 ~~each participating member is assigned a body worn camera~~

12 ~~and is following policies and procedures in accordance~~

13 ~~with Section 10-20 of the Law Enforcement Officer-Worn~~

14 ~~Body Camera Act; provided that the law enforcement agency~~

15 ~~has implemented body worn camera in accordance with~~

16 ~~Section 10-15 of the Law Enforcement Officer-Worn Body~~

17 ~~Camera Act. If a law enforcement agency has not~~

18 ~~implemented a body camera in accordance with Section 10-15~~

19 ~~of the Law Enforcement Officer-Worn Body Camera Act, the~~

20 ~~officer must attest that the interaction authorized by the~~

21 ~~warrant is otherwise recorded;~~

22 ~~(2) steps were taken in planning the search to ensure~~

23 ~~accuracy and plan for children or other vulnerable people~~

24 ~~on-site; and~~

25 ~~(3) if an officer becomes aware the search warrant was~~

26 ~~executed at an address, unit, or apartment different from~~

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1 ~~the location listed on the search warrant, that member~~

2 ~~will immediately notify a supervisor who will ensure an~~

3 ~~internal investigation ensues.~~

4 (Source: P.A. 101-652, eff. 7-1-21.)

5 Section 235. The Code of Criminal Procedure of 1963 is

6 amended by reenacting Sections 110-6.3, 110-6.5, 110-7, 110-8,

7 110-9, 110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 as

8 follows:

9 (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)

10 Sec. 110-6.3. Denial of bail in stalking and aggravated

11 stalking offenses.

12 (a) Upon verified petition by the State, the court shall

13 hold a hearing to determine whether bail should be denied to a

14 defendant who is charged with stalking or aggravated stalking,

15 when it is alleged that the defendant's admission to bail

16 poses a real and present threat to the physical safety of the

17 alleged victim of the offense, and denial of release on bail or

18 personal recognizance is necessary to prevent fulfillment of

19 the threat upon which the charge is based.

20 (1) A petition may be filed without prior notice to

21 the defendant at the first appearance before a judge, or

22 within 21 calendar days, except as provided in Section

23 110-6, after arrest and release of the defendant upon

24 reasonable notice to defendant; provided that while the

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1 petition is pending before the court, the defendant if

2 previously released shall not be detained.

3 (2) The hearing shall be held immediately upon the

4 defendant's appearance before the court, unless for good

5 cause shown the defendant or the State seeks a

6 continuance. A continuance on motion of the defendant may

7 not exceed 5 calendar days, and the defendant may be held

8 in custody during the continuance. A continuance on the

9 motion of the State may not exceed 3 calendar days;

10 however, the defendant may be held in custody during the

11 continuance under this provision if the defendant has been

12 previously found to have violated an order of protection

13 or has been previously convicted of, or granted court

14 supervision for, any of the offenses set forth in Sections

15 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,

16 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,

17 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code

18 of 1961 or the Criminal Code of 2012, against the same

19 person as the alleged victim of the stalking or aggravated

20 stalking offense.

21 (b) The court may deny bail to the defendant when, after

22 the hearing, it is determined that:

23 (1) the proof is evident or the presumption great that

24 the defendant has committed the offense of stalking or

25 aggravated stalking; and

26 (2) the defendant poses a real and present threat to

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1 the physical safety of the alleged victim of the offense;

2 and

3 (3) the denial of release on bail or personal

4 recognizance is necessary to prevent fulfillment of the

5 threat upon which the charge is based; and

6 (4) the court finds that no condition or combination

7 of conditions set forth in subsection (b) of Section

8 110-10 of this Code, including mental health treatment at

9 a community mental health center, hospital, or facility of

10 the Department of Human Services, can reasonably assure

11 the physical safety of the alleged victim of the offense.

12 (c) Conduct of the hearings.

13 (1) The hearing on the defendant's culpability and

14 threat to the alleged victim of the offense shall be

15 conducted in accordance with the following provisions:

16 (A) Information used by the court in its findings

17 or stated in or offered at the hearing may be by way of

18 proffer based upon reliable information offered by the

19 State or by defendant. Defendant has the right to be

20 represented by counsel, and if he is indigent, to have

21 counsel appointed for him. Defendant shall have the

22 opportunity to testify, to present witnesses in his

23 own behalf, and to cross-examine witnesses if any are

24 called by the State. The defendant has the right to

25 present witnesses in his favor. When the ends of

26 justice so require, the court may exercise its

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1 discretion and compel the appearance of a complaining

2 witness. The court shall state on the record reasons

3 for granting a defense request to compel the presence

4 of a complaining witness. Cross-examination of a

5 complaining witness at the pretrial detention hearing

6 for the purpose of impeaching the witness' credibility

7 is insufficient reason to compel the presence of the

8 witness. In deciding whether to compel the appearance

9 of a complaining witness, the court shall be

10 considerate of the emotional and physical well-being

11 of the witness. The pretrial detention hearing is not

12 to be used for the purposes of discovery, and the post

13 arraignment rules of discovery do not apply. The State

14 shall tender to the defendant, prior to the hearing,

15 copies of defendant's criminal history, if any, if

16 available, and any written or recorded statements and

17 the substance of any oral statements made by any

18 person, if relied upon by the State. The rules

19 concerning the admissibility of evidence in criminal

20 trials do not apply to the presentation and

21 consideration of information at the hearing. At the

22 trial concerning the offense for which the hearing was

23 conducted neither the finding of the court nor any

24 transcript or other record of the hearing shall be

25 admissible in the State's case in chief, but shall be

26 admissible for impeachment, or as provided in Section

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1 115-10.1 of this Code, or in a perjury proceeding.

2 (B) A motion by the defendant to suppress evidence

3 or to suppress a confession shall not be entertained.

4 Evidence that proof may have been obtained as the

5 result of an unlawful search and seizure or through

6 improper interrogation is not relevant to this state

7 of the prosecution.

8 (2) The facts relied upon by the court to support a

9 finding that:

10 (A) the defendant poses a real and present threat

11 to the physical safety of the alleged victim of the

12 offense; and

13 (B) the denial of release on bail or personal

14 recognizance is necessary to prevent fulfillment of

15 the threat upon which the charge is based;

16 shall be supported by clear and convincing evidence

17 presented by the State.

18 (d) Factors to be considered in making a determination of

19 the threat to the alleged victim of the offense. The court may,

20 in determining whether the defendant poses, at the time of the

21 hearing, a real and present threat to the physical safety of

22 the alleged victim of the offense, consider but shall not be

23 limited to evidence or testimony concerning:

24 (1) The nature and circumstances of the offense

25 charged;

26 (2) The history and characteristics of the defendant

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1 including:

2 (A) Any evidence of the defendant's prior criminal

3 history indicative of violent, abusive or assaultive

4 behavior, or lack of that behavior. The evidence may

5 include testimony or documents received in juvenile

6 proceedings, criminal, quasi-criminal, civil

7 commitment, domestic relations or other proceedings;

8 (B) Any evidence of the defendant's psychological,

9 psychiatric or other similar social history that tends

10 to indicate a violent, abusive, or assaultive nature,

11 or lack of any such history.

12 (3) The nature of the threat which is the basis of the

13 charge against the defendant;

14 (4) Any statements made by, or attributed to the

15 defendant, together with the circumstances surrounding

16 them;

17 (5) The age and physical condition of any person

18 assaulted by the defendant;

19 (6) Whether the defendant is known to possess or have

20 access to any weapon or weapons;

21 (7) Whether, at the time of the current offense or any

22 other offense or arrest, the defendant was on probation,

23 parole, aftercare release, mandatory supervised release or

24 other release from custody pending trial, sentencing,

25 appeal or completion of sentence for an offense under

26 federal or state law;

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1 (8) Any other factors, including those listed in

2 Section 110-5 of this Code, deemed by the court to have a

3 reasonable bearing upon the defendant's propensity or

4 reputation for violent, abusive or assaultive behavior, or

5 lack of that behavior.

6 (e) The court shall, in any order denying bail to a person

7 charged with stalking or aggravated stalking:

8 (1) briefly summarize the evidence of the defendant's

9 culpability and its reasons for concluding that the

10 defendant should be held without bail;

11 (2) direct that the defendant be committed to the

12 custody of the sheriff for confinement in the county jail

13 pending trial;

14 (3) direct that the defendant be given a reasonable

15 opportunity for private consultation with counsel, and for

16 communication with others of his choice by visitation,

17 mail and telephone; and

18 (4) direct that the sheriff deliver the defendant as

19 required for appearances in connection with court

20 proceedings.

21 (f) If the court enters an order for the detention of the

22 defendant under subsection (e) of this Section, the defendant

23 shall be brought to trial on the offense for which he is

24 detained within 90 days after the date on which the order for

25 detention was entered. If the defendant is not brought to

26 trial within the 90 day period required by this subsection

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1 (f), he shall not be held longer without bail. In computing the

2 90 day period, the court shall omit any period of delay

3 resulting from a continuance granted at the request of the

4 defendant. The court shall immediately notify the alleged

5 victim of the offense that the defendant has been admitted to

6 bail under this subsection.

7 (g) Any person shall be entitled to appeal any order

8 entered under this Section denying bail to the defendant.

9 (h) The State may appeal any order entered under this

10 Section denying any motion for denial of bail.

11 (i) Nothing in this Section shall be construed as

12 modifying or limiting in any way the defendant's presumption

13 of innocence in further criminal proceedings.

14 (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;

15 98-558, eff. 1-1-14; 101-652, eff. 7-1-21.)

16 (725 ILCS 5/110-6.5)

17 Sec. 110-6.5. Drug testing program. The Chief Judge of the

18 circuit may establish a drug testing program as provided by

19 this Section in any county in the circuit if the county board

20 has approved the establishment of the program and the county

21 probation department or pretrial services agency has consented

22 to administer it. The drug testing program shall be conducted

23 under the following provisions:

24 (a) The court, in the case of a defendant charged with a

25 felony offense or any offense involving the possession or

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1 delivery of cannabis or a controlled substance, shall:

2 (1) not consider the release of the defendant on his

3 or her own recognizance, unless the defendant consents to

4 periodic drug testing during the period of release on his

5 or her own recognizance, in accordance with this Section;

6 (2) consider the consent of the defendant to periodic

7 drug testing during the period of release on bail in

8 accordance with this Section as a favorable factor for the

9 defendant in determining the amount of bail, the

10 conditions of release or in considering the defendant's

11 motion to reduce the amount of bail.

12 (b) The drug testing shall be conducted by the pretrial

13 services agency or under the direction of the probation

14 department when a pretrial services agency does not exist in

15 accordance with this Section.

16 (c) A defendant who consents to periodic drug testing as

17 set forth in this Section shall sign an agreement with the

18 court that, during the period of release, the defendant shall

19 refrain from using illegal drugs and that the defendant will

20 comply with the conditions of the testing program. The

21 agreement shall be on a form prescribed by the court and shall

22 be executed at the time of the bail hearing. This agreement

23 shall be made a specific condition of bail.

24 (d) The drug testing program shall be conducted as

25 follows:

26 (1) The testing shall be done by urinalysis for the

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1 detection of phencyclidine, heroin, cocaine, methadone and

2 amphetamines.

3 (2) The collection of samples shall be performed under

4 reasonable and sanitary conditions.

5 (3) Samples shall be collected and tested with due

6 regard for the privacy of the individual being tested and

7 in a manner reasonably calculated to prevent substitutions

8 or interference with the collection or testing of reliable

9 samples.

10 (4) Sample collection shall be documented, and the

11 documentation procedures shall include:

12 (i) Labeling of samples so as to reasonably

13 preclude the probability of erroneous identification

14 of test results; and

15 (ii) An opportunity for the defendant to provide

16 information on the identification of prescription or

17 nonprescription drugs used in connection with a

18 medical condition.

19 (5) Sample collection, storage, and transportation to

20 the place of testing shall be performed so as to

21 reasonably preclude the probability of sample

22 contamination or adulteration.

23 (6) Sample testing shall conform to scientifically

24 accepted analytical methods and procedures. Testing shall

25 include verification or confirmation of any positive test

26 result by a reliable analytical method before the result

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1 of any test may be used as a basis for any action by the

2 court.

3 (e) The initial sample shall be collected before the

4 defendant's release on bail. Thereafter, the defendant shall

5 report to the pretrial services agency or probation department

6 as required by the agency or department. The pretrial services

7 agency or probation department shall immediately notify the

8 court of any defendant who fails to report for testing.

9 (f) After the initial test, a subsequent confirmed

10 positive test result indicative of continued drug use shall

11 result in the following:

12 (1) Upon the first confirmed positive test result, the

13 pretrial services agency or probation department, shall

14 place the defendant on a more frequent testing schedule

15 and shall warn the defendant of the consequences of

16 continued drug use.

17 (2) A second confirmed positive test result shall be

18 grounds for a hearing before the judge who authorized the

19 release of the defendant in accordance with the provisions

20 of subsection (g) of this Section.

21 (g) The court shall, upon motion of the State or upon its

22 own motion, conduct a hearing in connection with any defendant

23 who fails to appear for testing, fails to cooperate with the

24 persons conducting the testing program, attempts to submit a

25 sample not his or her own or has had a confirmed positive test

26 result indicative of continued drug use for the second or

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1 subsequent time after the initial test. The hearing shall be

2 conducted in accordance with the procedures of Section 110-6.

3 Upon a finding by the court that the State has established

4 by clear and convincing evidence that the defendant has

5 violated the drug testing conditions of bail, the court may

6 consider any of the following sanctions:

7 (1) increase the amount of the defendant's bail or

8 conditions of release;

9 (2) impose a jail sentence of up to 5 days;

10 (3) revoke the defendant's bail; or

11 (4) enter such other orders which are within the power

12 of the court as deemed appropriate.

13 (h) The results of any drug testing conducted under this

14 Section shall not be admissible on the issue of the

15 defendant's guilt in connection with any criminal charge.

16 (i) The court may require that the defendant pay for the

17 cost of drug testing.

18 (Source: P.A. 88-677, eff. 12-15-94; 101-652, eff. 7-1-21.)

19 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)

20 Sec. 110-7. Deposit of bail security.

21 (a) The person for whom bail has been set shall execute the

22 bail bond and deposit with the clerk of the court before which

23 the proceeding is pending a sum of money equal to 10% of the

24 bail, but in no event shall such deposit be less than $25. The

25 clerk of the court shall provide a space on each form for a

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1 person other than the accused who has provided the money for

2 the posting of bail to so indicate and a space signed by an

3 accused who has executed the bail bond indicating whether a

4 person other than the accused has provided the money for the

5 posting of bail. The form shall also include a written notice

6 to such person who has provided the defendant with the money

7 for the posting of bail indicating that the bail may be used to

8 pay costs, attorney's fees, fines, or other purposes

9 authorized by the court and if the defendant fails to comply

10 with the conditions of the bail bond, the court shall enter an

11 order declaring the bail to be forfeited. The written notice

12 must be: (1) distinguishable from the surrounding text; (2) in

13 bold type or underscored; and (3) in a type size at least 2

14 points larger than the surrounding type. When a person for

15 whom bail has been set is charged with an offense under the

16 Illinois Controlled Substances Act or the Methamphetamine

17 Control and Community Protection Act which is a Class X

18 felony, or making a terrorist threat in violation of Section

19 29D-20 of the Criminal Code of 1961 or the Criminal Code of

20 2012 or an attempt to commit the offense of making a terrorist

21 threat, the court may require the defendant to deposit a sum

22 equal to 100% of the bail. Where any person is charged with a

23 forcible felony while free on bail and is the subject of

24 proceedings under Section 109-3 of this Code the judge

25 conducting the preliminary examination may also conduct a

26 hearing upon the application of the State pursuant to the

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1 provisions of Section 110-6 of this Code to increase or revoke

2 the bail for that person's prior alleged offense.

3 (b) Upon depositing this sum and any bond fee authorized

4 by law, the person shall be released from custody subject to

5 the conditions of the bail bond.

6 (c) Once bail has been given and a charge is pending or is

7 thereafter filed in or transferred to a court of competent

8 jurisdiction the latter court shall continue the original bail

9 in that court subject to the provisions of Section 110-6 of

10 this Code.

11 (d) After conviction the court may order that the original

12 bail stand as bail pending appeal or deny, increase or reduce

13 bail subject to the provisions of Section 110-6.2.

14 (e) After the entry of an order by the trial court allowing

15 or denying bail pending appeal either party may apply to the

16 reviewing court having jurisdiction or to a justice thereof

17 sitting in vacation for an order increasing or decreasing the

18 amount of bail or allowing or denying bail pending appeal

19 subject to the provisions of Section 110-6.2.

20 (f) When the conditions of the bail bond have been

21 performed and the accused has been discharged from all

22 obligations in the cause the clerk of the court shall return to

23 the accused or to the defendant's designee by an assignment

24 executed at the time the bail amount is deposited, unless the

25 court orders otherwise, 90% of the sum which had been

26 deposited and shall retain as bail bond costs 10% of the amount

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1 deposited. However, in no event shall the amount retained by

2 the clerk as bail bond costs be less than $5. Notwithstanding

3 the foregoing, in counties with a population of 3,000,000 or

4 more, in no event shall the amount retained by the clerk as

5 bail bond costs exceed $100. Bail bond deposited by or on

6 behalf of a defendant in one case may be used, in the court's

7 discretion, to satisfy financial obligations of that same

8 defendant incurred in a different case due to a fine, court

9 costs, restitution or fees of the defendant's attorney of

10 record. In counties with a population of 3,000,000 or more,

11 the court shall not order bail bond deposited by or on behalf

12 of a defendant in one case to be used to satisfy financial

13 obligations of that same defendant in a different case until

14 the bail bond is first used to satisfy court costs and

15 attorney's fees in the case in which the bail bond has been

16 deposited and any other unpaid child support obligations are

17 satisfied. In counties with a population of less than

18 3,000,000, the court shall not order bail bond deposited by or

19 on behalf of a defendant in one case to be used to satisfy

20 financial obligations of that same defendant in a different

21 case until the bail bond is first used to satisfy court costs

22 in the case in which the bail bond has been deposited.

23 At the request of the defendant the court may order such

24 90% of defendant's bail deposit, or whatever amount is

25 repayable to defendant from such deposit, to be paid to

26 defendant's attorney of record.

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1 (g) If the accused does not comply with the conditions of

2 the bail bond the court having jurisdiction shall enter an

3 order declaring the bail to be forfeited. Notice of such order

4 of forfeiture shall be mailed forthwith to the accused at his

5 last known address. If the accused does not appear and

6 surrender to the court having jurisdiction within 30 days from

7 the date of the forfeiture or within such period satisfy the

8 court that appearance and surrender by the accused is

9 impossible and without his fault the court shall enter

10 judgment for the State if the charge for which the bond was

11 given was a felony or misdemeanor, or if the charge was

12 quasi-criminal or traffic, judgment for the political

13 subdivision of the State which prosecuted the case, against

14 the accused for the amount of the bail and costs of the court

15 proceedings; however, in counties with a population of less

16 than 3,000,000, instead of the court entering a judgment for

17 the full amount of the bond the court may, in its discretion,

18 enter judgment for the cash deposit on the bond, less costs,

19 retain the deposit for further disposition or, if a cash bond

20 was posted for failure to appear in a matter involving

21 enforcement of child support or maintenance, the amount of the

22 cash deposit on the bond, less outstanding costs, may be

23 awarded to the person or entity to whom the child support or

24 maintenance is due. The deposit made in accordance with

25 paragraph (a) shall be applied to the payment of costs. If

26 judgment is entered and any amount of such deposit remains

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1 after the payment of costs it shall be applied to payment of

2 the judgment and transferred to the treasury of the municipal

3 corporation wherein the bond was taken if the offense was a

4 violation of any penal ordinance of a political subdivision of

5 this State, or to the treasury of the county wherein the bond

6 was taken if the offense was a violation of any penal statute

7 of this State. The balance of the judgment may be enforced and

8 collected in the same manner as a judgment entered in a civil

9 action.

10 (h) After a judgment for a fine and court costs or either

11 is entered in the prosecution of a cause in which a deposit had

12 been made in accordance with paragraph (a) the balance of such

13 deposit, after deduction of bail bond costs, shall be applied

14 to the payment of the judgment.

15 (i) When a court appearance is required for an alleged

16 violation of the Criminal Code of 1961, the Criminal Code of

17 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish

18 and Aquatic Life Code, the Child Passenger Protection Act, or

19 a comparable offense of a unit of local government as

20 specified in Supreme Court Rule 551, and if the accused does

21 not appear in court on the date set for appearance or any date

22 to which the case may be continued and the court issues an

23 arrest warrant for the accused, based upon his or her failure

24 to appear when having so previously been ordered to appear by

25 the court, the accused upon his or her admission to bail shall

26 be assessed by the court a fee of $75. Payment of the fee shall

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1 be a condition of release unless otherwise ordered by the

2 court. The fee shall be in addition to any bail that the

3 accused is required to deposit for the offense for which the

4 accused has been charged and may not be used for the payment of

5 court costs or fines assessed for the offense. The clerk of the

6 court shall remit $70 of the fee assessed to the arresting

7 agency who brings the offender in on the arrest warrant. If the

8 Department of State Police is the arresting agency, $70 of the

9 fee assessed shall be remitted by the clerk of the court to the

10 State Treasurer within one month after receipt for deposit

11 into the State Police Operations Assistance Fund. The clerk of

12 the court shall remit $5 of the fee assessed to the Circuit

13 Court Clerk Operation and Administrative Fund as provided in

14 Section 27.3d of the Clerks of Courts Act.

15 (Source: P.A. 99-412, eff. 1-1-16; 101-652, eff. 7-1-21.)

16 (725 ILCS 5/110-8) (from Ch. 38, par. 110-8)

17 Sec. 110-8. Cash, stocks, bonds and real estate as

18 security for bail.

19 (a) In lieu of the bail deposit provided for in Section

20 110-7 of this Code any person for whom bail has been set may

21 execute the bail bond with or without sureties which bond may

22 be secured:

23 (1) By a deposit, with the clerk of the court, of an amount

24 equal to the required bail, of cash, or stocks and bonds in

25 which trustees are authorized to invest trust funds under the

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1 laws of this State; or

2 (2) By real estate situated in this State with

3 unencumbered equity not exempt owned by the accused or

4 sureties worth double the amount of bail set in the bond.

5 (b) If the bail bond is secured by stocks and bonds the

6 accused or sureties shall file with the bond a sworn schedule

7 which shall be approved by the court and shall contain:

8 (1) A list of the stocks and bonds deposited

9 describing each in sufficient detail that it may be

10 identified;

11 (2) The market value of each stock and bond;

12 (3) The total market value of the stocks and bonds

13 listed;

14 (4) A statement that the affiant is the sole owner of

15 the stocks and bonds listed and they are not exempt from

16 the enforcement of a judgment thereon;

17 (5) A statement that such stocks and bonds have not

18 previously been used or accepted as bail in this State

19 during the 12 months preceding the date of the bail bond;

20 and

21 (6) A statement that such stocks and bonds are

22 security for the appearance of the accused in accordance

23 with the conditions of the bail bond.

24 (c) If the bail bond is secured by real estate the accused

25 or sureties shall file with the bond a sworn schedule which

26 shall contain:

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1 (1) A legal description of the real estate;

2 (2) A description of any and all encumbrances on the

3 real estate including the amount of each and the holder

4 thereof;

5 (3) The market value of the unencumbered equity owned

6 by the affiant;

7 (4) A statement that the affiant is the sole owner of

8 such unencumbered equity and that it is not exempt from

9 the enforcement of a judgment thereon;

10 (5) A statement that the real estate has not

11 previously been used or accepted as bail in this State

12 during the 12 months preceding the date of the bail bond;

13 and

14 (6) A statement that the real estate is security for

15 the appearance of the accused in accordance with the

16 conditions of the bail bond.

17 (d) The sworn schedule shall constitute a material part of

18 the bail bond. The affiant commits perjury if in the sworn

19 schedule he makes a false statement which he does not believe

20 to be true. He shall be prosecuted and punished accordingly,

21 or, he may be punished for contempt.

22 (e) A certified copy of the bail bond and schedule of real

23 estate shall be filed immediately in the office of the

24 registrar of titles or recorder of the county in which the real

25 estate is situated and the State shall have a lien on such real

26 estate from the time such copies are filed in the office of the

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1 registrar of titles or recorder. The registrar of titles or

2 recorder shall enter, index and record (or register as the

3 case may be) such bail bonds and schedules without requiring

4 any advance fee, which fee shall be taxed as costs in the

5 proceeding and paid out of such costs when collected.

6 (f) When the conditions of the bail bond have been

7 performed and the accused has been discharged from his

8 obligations in the cause, the clerk of the court shall return

9 to him or his sureties the deposit of any cash, stocks or

10 bonds. If the bail bond has been secured by real estate the

11 clerk of the court shall forthwith notify in writing the

12 registrar of titles or recorder and the lien of the bail bond

13 on the real estate shall be discharged.

14 (g) If the accused does not comply with the conditions of

15 the bail bond the court having jurisdiction shall enter an

16 order declaring the bail to be forfeited. Notice of such order

17 of forfeiture shall be mailed forthwith by the clerk of the

18 court to the accused and his sureties at their last known

19 address. If the accused does not appear and surrender to the

20 court having jurisdiction within 30 days from the date of the

21 forfeiture or within such period satisfy the court that

22 appearance and surrender by the accused is impossible and

23 without his fault the court shall enter judgment for the State

24 against the accused and his sureties for the amount of the bail

25 and costs of the proceedings; however, in counties with a

26 population of less than 3,000,000, if the defendant has posted

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1 a cash bond, instead of the court entering a judgment for the

2 full amount of the bond the court may, in its discretion, enter

3 judgment for the cash deposit on the bond, less costs, retain

4 the deposit for further disposition or, if a cash bond was

5 posted for failure to appear in a matter involving enforcement

6 of child support or maintenance, the amount of the cash

7 deposit on the bond, less outstanding costs, may be awarded to

8 the person or entity to whom the child support or maintenance

9 is due.

10 (h) When judgment is entered in favor of the State on any

11 bail bond given for a felony or misdemeanor, or judgement for a

12 political subdivision of the state on any bail bond given for a

13 quasi-criminal or traffic offense, the State's Attorney or

14 political subdivision's attorney shall forthwith obtain a

15 certified copy of the judgment and deliver same to the sheriff

16 to be enforced by levy on the stocks or bonds deposited with

17 the clerk of the court and the real estate described in the

18 bail bond schedule. Any cash forfeited under subsection (g) of

19 this Section shall be used to satisfy the judgment and costs

20 and, without necessity of levy, ordered paid into the treasury

21 of the municipal corporation wherein the bail bond was taken

22 if the offense was a violation of any penal ordinance of a

23 political subdivision of this State, or into the treasury of

24 the county wherein the bail bond was taken if the offense was a

25 violation of any penal statute of this State, or to the person

26 or entity to whom child support or maintenance is owed if the

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1 bond was taken for failure to appear in a matter involving

2 child support or maintenance. The stocks, bonds and real

3 estate shall be sold in the same manner as in sales for the

4 enforcement of a judgment in civil actions and the proceeds of

5 such sale shall be used to satisfy all court costs, prior

6 encumbrances, if any, and from the balance a sufficient amount

7 to satisfy the judgment shall be paid into the treasury of the

8 municipal corporation wherein the bail bond was taken if the

9 offense was a violation of any penal ordinance of a political

10 subdivision of this State, or into the treasury of the county

11 wherein the bail bond was taken if the offense was a violation

12 of any penal statute of this State. The balance shall be

13 returned to the owner. The real estate so sold may be redeemed

14 in the same manner as real estate may be redeemed after

15 judicial sales or sales for the enforcement of judgments in

16 civil actions.

17 (i) No stocks, bonds or real estate may be used or accepted

18 as bail bond security in this State more than once in any 12

19 month period.

20 (Source: P.A. 89-469, eff. 1-1-97; 101-652, eff. 7-1-21.)

21 (725 ILCS 5/110-9) (from Ch. 38, par. 110-9)

22 Sec. 110-9. Taking of bail by peace officer. When bail has

23 been set by a judicial officer for a particular offense or

24 offender any sheriff or other peace officer may take bail in

25 accordance with the provisions of Section 110-7 or 110-8 of

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1 this Code and release the offender to appear in accordance

2 with the conditions of the bail bond, the Notice to Appear or

3 the Summons. The officer shall give a receipt to the offender

4 for the bail so taken and within a reasonable time deposit such

5 bail with the clerk of the court having jurisdiction of the

6 offense. A sheriff or other peace officer taking bail in

7 accordance with the provisions of Section 110-7 or 110-8 of

8 this Code shall accept payments made in the form of currency,

9 and may accept other forms of payment as the sheriff shall by

10 rule authorize. For purposes of this Section, "currency" has

11 the meaning provided in subsection (a) of Section 3 of the

12 Currency Reporting Act.

13 (Source: P.A. 99-618, eff. 1-1-17; 101-652, eff. 7-1-21.)

14 (725 ILCS 5/110-13) (from Ch. 38, par. 110-13)

15 Sec. 110-13. Persons prohibited from furnishing bail

16 security. No attorney at law practicing in this State and no

17 official authorized to admit another to bail or to accept bail

18 shall furnish any part of any security for bail in any criminal

19 action or any proceeding nor shall any such person act as

20 surety for any accused admitted to bail.

21 (Source: Laws 1963, p. 2836; 101-652, eff. 7-1-21.)

22 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)

23 Sec. 110-14. Credit for incarceration on bailable offense;

24 credit against monetary bail for certain offenses.

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1 (a) Any person incarcerated on a bailable offense who does

2 not supply bail and against whom a fine is levied on conviction

3 of the offense shall be allowed a credit of $30 for each day so

4 incarcerated upon application of the defendant. However, in no

5 case shall the amount so allowed or credited exceed the amount

6 of the fine.

7 (b) Subsection (a) does not apply to a person incarcerated

8 for sexual assault as defined in paragraph (1) of subsection

9 (a) of Section 5-9-1.7 of the Unified Code of Corrections.

10 (c) A person subject to bail on a Category B offense shall

11 have $30 deducted from his or her 10% cash bond amount every

12 day the person is incarcerated. The sheriff shall calculate

13 and apply this $30 per day reduction and send notice to the

14 circuit clerk if a defendant's 10% cash bond amount is reduced

15 to $0, at which point the defendant shall be released upon his

16 or her own recognizance.

17 (d) The court may deny the incarceration credit in

18 subsection (c) of this Section if the person has failed to

19 appear as required before the court and is incarcerated based

20 on a warrant for failure to appear on the same original

21 criminal offense.

22 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;

23 101-408, eff. 1-1-20; 101-652, eff. 7-1-21.)

24 (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)

25 Sec. 110-15. Applicability of provisions for giving and

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1 taking bail. The provisions of Sections 110-7 and 110-8 of

2 this Code are exclusive of other provisions of law for the

3 giving, taking, or enforcement of bail. In all cases where a

4 person is admitted to bail the provisions of Sections 110-7

5 and 110-8 of this Code shall be applicable.

6 However, the Supreme Court may, by rule or order,

7 prescribe a uniform schedule of amounts of bail in all but

8 felony offenses. The uniform schedule shall not require a

9 person cited for violating the Illinois Vehicle Code or a

10 similar provision of a local ordinance for which a violation

11 is a petty offense as defined by Section 5-1-17 of the Unified

12 Code of Corrections, excluding business offenses as defined by

13 Section 5-1-2 of the Unified Code of Corrections or a

14 violation of Section 15-111 or subsection (d) of Section 3-401

15 of the Illinois Vehicle Code, to post bond to secure bail for

16 his or her release. Such uniform schedule may provide that the

17 cash deposit provisions of Section 110-7 shall not apply to

18 bail amounts established for alleged violations punishable by

19 fine alone, and the schedule may further provide that in

20 specified traffic cases a valid Illinois chauffeur's or

21 operator's license must be deposited, in addition to 10% of

22 the amount of the bail specified in the schedule.

23 (Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15;

24 101-652, eff. 7-1-21.)

25 (725 ILCS 5/110-16) (from Ch. 38, par. 110-16)

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1 Sec. 110-16. Bail bond-forfeiture in same case or absents

2 self during trial-not bailable.If a person admitted to bail

3 on a felony charge forfeits his bond and fails to appear in

4 court during the 30 days immediately after such forfeiture, on

5 being taken into custody thereafter he shall not be bailable

6 in the case in question, unless the court finds that his

7 absence was not for the purpose of obstructing justice or

8 avoiding prosecution.

9 (Source: P.A. 77-1447; 101-652, eff. 7-1-21.)

10 (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)

11 Sec. 110-17. Unclaimed bail deposits. Any sum of money

12 deposited by any person to secure his or her release from

13 custody which remains unclaimed by the person entitled to its

14 return for 3 years after the conditions of the bail bond have

15 been performed and the accused has been discharged from all

16 obligations in the cause shall be presumed to be abandoned and

17 subject to disposition under the Revised Uniform Unclaimed

18 Property Act.

19 (Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;

20 101-81, eff. 7-12-19; 101-652, eff. 7-1-21.)

21 (725 ILCS 5/110-18) (from Ch. 38, par. 110-18)

22 Sec. 110-18. Reimbursement. The sheriff of each county

23 shall certify to the treasurer of each county the number of

24 days that persons had been detained in the custody of the

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1 sheriff without a bond being set as a result of an order

2 entered pursuant to Section 110-6.1 of this Code. The county

3 treasurer shall, no later than January 1, annually certify to

4 the Supreme Court the number of days that persons had been

5 detained without bond during the twelve-month period ending

6 November 30. The Supreme Court shall reimburse, from funds

7 appropriated to it by the General Assembly for such purposes,

8 the treasurer of each county an amount of money for deposit in

9 the county general revenue fund at a rate of $50 per day for

10 each day that persons were detained in custody without bail as

11 a result of an order entered pursuant to Section 110-6.1 of

12 this Code.

13 (Source: P.A. 85-892; 101-652, eff. 7-1-21.)

14 Section 240. The Rights of Crime Victims and Witnesses Act

15 is amended by changing Sections 4 and 4.5 as follows:

16 (725 ILCS 120/4) (from Ch. 38, par. 1404)

17 Sec. 4. Rights of crime victims.

18 (a) Crime victims shall have the following rights:

19 (1) The right to be treated with fairness and respect

20 for their dignity and privacy and to be free from

21 harassment, intimidation, and abuse throughout the

22 criminal justice process.

23 (1.5) The right to notice and to a hearing before a

24 court ruling on a request for access to any of the victim's

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1 records, information, or communications which are

2 privileged or confidential by law.

3 (2) The right to timely notification of all court

4 proceedings.

5 (3) The right to communicate with the prosecution.

6 (4) The right to be heard at any post-arraignment

7 court proceeding in which a right of the victim is at issue

8 and any court proceeding involving a post-arraignment

9 release decision, plea, or sentencing.

10 (5) The right to be notified of the conviction, the

11 sentence, the imprisonment and the release of the accused.

12 (6) The right to the timely disposition of the case

13 following the arrest of the accused.

14 (7) The right to be reasonably protected from the

15 accused through the criminal justice process.

16 (7.5) The right to have the safety of the victim and

17 the victim's family considered in denying or fixing the

18 amount of bail, determining whether to release the

19 defendant, and setting conditions of release after arrest

20 and conviction.

21 (8) The right to be present at the trial and all other

22 court proceedings on the same basis as the accused, unless

23 the victim is to testify and the court determines that the

24 victim's testimony would be materially affected if the

25 victim hears other testimony at the trial.

26 (9) The right to have present at all court

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1 proceedings, including proceedings under the Juvenile

2 Court Act of 1987, subject to the rules of evidence, an

3 advocate and other support person of the victim's choice.

4 (10) The right to restitution.

5 (b) Any law enforcement agency that investigates an

6 offense committed in this State shall provide a crime victim

7 with a written statement and explanation of the rights of

8 crime victims under this amendatory Act of the 99th General

9 Assembly within 48 hours of law enforcement's initial contact

10 with a victim. The statement shall include information about

11 crime victim compensation, including how to contact the Office

12 of the Illinois Attorney General to file a claim, and

13 appropriate referrals to local and State programs that provide

14 victim services. The content of the statement shall be

15 provided to law enforcement by the Attorney General. Law

16 enforcement shall also provide a crime victim with a sign-off

17 sheet that the victim shall sign and date as an

18 acknowledgement that he or she has been furnished with

19 information and an explanation of the rights of crime victims

20 and compensation set forth in this Act.

21 (b-5) Upon the request of the victim, the law enforcement

22 agency having jurisdiction shall provide a free copy of the

23 police report concerning the victim's incident, as soon as

24 practicable, but in no event later than 5 business days from

25 the request.

26 (c) The Clerk of the Circuit Court shall post the rights of

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1 crime victims set forth in Article I, Section 8.1(a) of the

2 Illinois Constitution and subsection (a) of this Section

3 within 3 feet of the door to any courtroom where criminal

4 proceedings are conducted. The clerk may also post the rights

5 in other locations in the courthouse.

6 (d) At any point, the victim has the right to retain a

7 victim's attorney who may be present during all stages of any

8 interview, investigation, or other interaction with

9 representatives of the criminal justice system. Treatment of

10 the victim should not be affected or altered in any way as a

11 result of the victim's decision to exercise this right.

12 (Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19;

13 101-652.)

14 (725 ILCS 120/4.5)

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

16 Sec. 4.5. Procedures to implement the rights of crime

17 victims. To afford crime victims their rights, law

18 enforcement, prosecutors, judges, and corrections will provide

19 information, as appropriate, of the following procedures:

20 (a) At the request of the crime victim, law enforcement

21 authorities investigating the case shall provide notice of the

22 status of the investigation, except where the State's Attorney

23 determines that disclosure of such information would

24 unreasonably interfere with the investigation, until such time

25 as the alleged assailant is apprehended or the investigation

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1 is closed.

2 (a-5) When law enforcement authorities reopen a closed

3 case to resume investigating, they shall provide notice of the

4 reopening of the case, except where the State's Attorney

5 determines that disclosure of such information would

6 unreasonably interfere with the investigation.

7 (b) The office of the State's Attorney:

8 (1) shall provide notice of the filing of an

9 information, the return of an indictment, or the filing of

10 a petition to adjudicate a minor as a delinquent for a

11 violent crime;

12 (2) shall provide timely notice of the date, time, and

13 place of court proceedings; of any change in the date,

14 time, and place of court proceedings; and of any

15 cancellation of court proceedings. Notice shall be

16 provided in sufficient time, wherever possible, for the

17 victim to make arrangements to attend or to prevent an

18 unnecessary appearance at court proceedings;

19 (3) or victim advocate personnel shall provide

20 information of social services and financial assistance

21 available for victims of crime, including information of

22 how to apply for these services and assistance;

23 (3.5) or victim advocate personnel shall provide

24 information about available victim services, including

25 referrals to programs, counselors, and agencies that

26 assist a victim to deal with trauma, loss, and grief;

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1 (4) shall assist in having any stolen or other

2 personal property held by law enforcement authorities for

3 evidentiary or other purposes returned as expeditiously as

4 possible, pursuant to the procedures set out in Section

5 115-9 of the Code of Criminal Procedure of 1963;

6 (5) or victim advocate personnel shall provide

7 appropriate employer intercession services to ensure that

8 employers of victims will cooperate with the criminal

9 justice system in order to minimize an employee's loss of

10 pay and other benefits resulting from court appearances;

11 (6) shall provide, whenever possible, a secure waiting

12 area during court proceedings that does not require

13 victims to be in close proximity to defendants or

14 juveniles accused of a violent crime, and their families

15 and friends;

16 (7) shall provide notice to the crime victim of the

17 right to have a translator present at all court

18 proceedings and, in compliance with the federal Americans

19 with Disabilities Act of 1990, the right to communications

20 access through a sign language interpreter or by other

21 means;

22 (8) (blank);

23 (8.5) shall inform the victim of the right to be

24 present at all court proceedings, unless the victim is to

25 testify and the court determines that the victim's

26 testimony would be materially affected if the victim hears

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1 other testimony at trial;

2 (9) shall inform the victim of the right to have

3 present at all court proceedings, subject to the rules of

4 evidence and confidentiality, an advocate and other

5 support person of the victim's choice;

6 (9.3) shall inform the victim of the right to retain

7 an attorney, at the victim's own expense, who, upon

8 written notice filed with the clerk of the court and

9 State's Attorney, is to receive copies of all notices,

10 motions, and court orders filed thereafter in the case, in

11 the same manner as if the victim were a named party in the

12 case;

13 (9.5) shall inform the victim of (A) the victim's

14 right under Section 6 of this Act to make a statement at

15 the sentencing hearing; (B) the right of the victim's

16 spouse, guardian, parent, grandparent, and other immediate

17 family and household members under Section 6 of this Act

18 to present a statement at sentencing; and (C) if a

19 presentence report is to be prepared, the right of the

20 victim's spouse, guardian, parent, grandparent, and other

21 immediate family and household members to submit

22 information to the preparer of the presentence report

23 about the effect the offense has had on the victim and the

24 person;

25 (10) at the sentencing shall make a good faith attempt

26 to explain the minimum amount of time during which the

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1 defendant may actually be physically imprisoned. The

2 Office of the State's Attorney shall further notify the

3 crime victim of the right to request from the Prisoner

4 Review Board or Department of Juvenile Justice information

5 concerning the release of the defendant;

6 (11) shall request restitution at sentencing and as

7 part of a plea agreement if the victim requests

8 restitution;

9 (12) shall, upon the court entering a verdict of not

10 guilty by reason of insanity, inform the victim of the

11 notification services available from the Department of

12 Human Services, including the statewide telephone number,

13 under subparagraph (d)(2) of this Section;

14 (13) shall provide notice within a reasonable time

15 after receipt of notice from the custodian, of the release

16 of the defendant on bail or personal recognizance or the

17 release from detention of a minor who has been detained;

18 (14) shall explain in nontechnical language the

19 details of any plea or verdict of a defendant, or any

20 adjudication of a juvenile as a delinquent;

21 (15) shall make all reasonable efforts to consult with

22 the crime victim before the Office of the State's Attorney

23 makes an offer of a plea bargain to the defendant or enters

24 into negotiations with the defendant concerning a possible

25 plea agreement, and shall consider the written statement,

26 if prepared prior to entering into a plea agreement. The

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1 right to consult with the prosecutor does not include the

2 right to veto a plea agreement or to insist the case go to

3 trial. If the State's Attorney has not consulted with the

4 victim prior to making an offer or entering into plea

5 negotiations with the defendant, the Office of the State's

6 Attorney shall notify the victim of the offer or the

7 negotiations within 2 business days and confer with the

8 victim;

9 (16) shall provide notice of the ultimate disposition

10 of the cases arising from an indictment or an information,

11 or a petition to have a juvenile adjudicated as a

12 delinquent for a violent crime;

13 (17) shall provide notice of any appeal taken by the

14 defendant and information on how to contact the

15 appropriate agency handling the appeal, and how to request

16 notice of any hearing, oral argument, or decision of an

17 appellate court;

18 (18) shall provide timely notice of any request for

19 post-conviction review filed by the defendant under

20 Article 122 of the Code of Criminal Procedure of 1963, and

21 of the date, time and place of any hearing concerning the

22 petition. Whenever possible, notice of the hearing shall

23 be given within 48 hours of the court's scheduling of the

24 hearing; and

25 (19) shall forward a copy of any statement presented

26 under Section 6 to the Prisoner Review Board or Department

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1 of Juvenile Justice to be considered in making a

2 determination under Section 3-2.5-85 or subsection (b) of

3 Section 3-3-8 of the Unified Code of Corrections.

4 (c) The court shall ensure that the rights of the victim

5 are afforded.

6 (c-5) The following procedures shall be followed to afford

7 victims the rights guaranteed by Article I, Section 8.1 of the

8 Illinois Constitution:

9 (1) Written notice. A victim may complete a written

10 notice of intent to assert rights on a form prepared by the

11 Office of the Attorney General and provided to the victim

12 by the State's Attorney. The victim may at any time

13 provide a revised written notice to the State's Attorney.

14 The State's Attorney shall file the written notice with

15 the court. At the beginning of any court proceeding in

16 which the right of a victim may be at issue, the court and

17 prosecutor shall review the written notice to determine

18 whether the victim has asserted the right that may be at

19 issue.

20 (2) Victim's retained attorney. A victim's attorney

21 shall file an entry of appearance limited to assertion of

22 the victim's rights. Upon the filing of the entry of

23 appearance and service on the State's Attorney and the

24 defendant, the attorney is to receive copies of all

25 notices, motions and court orders filed thereafter in the

26 case.

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1 (3) Standing. The victim has standing to assert the

2 rights enumerated in subsection (a) of Article I, Section

3 8.1 of the Illinois Constitution and the statutory rights

4 under Section 4 of this Act in any court exercising

5 jurisdiction over the criminal case. The prosecuting

6 attorney, a victim, or the victim's retained attorney may

7 assert the victim's rights. The defendant in the criminal

8 case has no standing to assert a right of the victim in any

9 court proceeding, including on appeal.

10 (4) Assertion of and enforcement of rights.

11 (A) The prosecuting attorney shall assert a

12 victim's right or request enforcement of a right by

13 filing a motion or by orally asserting the right or

14 requesting enforcement in open court in the criminal

15 case outside the presence of the jury. The prosecuting

16 attorney shall consult with the victim and the

17 victim's attorney regarding the assertion or

18 enforcement of a right. If the prosecuting attorney

19 decides not to assert or enforce a victim's right, the

20 prosecuting attorney shall notify the victim or the

21 victim's attorney in sufficient time to allow the

22 victim or the victim's attorney to assert the right or

23 to seek enforcement of a right.

24 (B) If the prosecuting attorney elects not to

25 assert a victim's right or to seek enforcement of a

26 right, the victim or the victim's attorney may assert

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1 the victim's right or request enforcement of a right

2 by filing a motion or by orally asserting the right or

3 requesting enforcement in open court in the criminal

4 case outside the presence of the jury.

5 (C) If the prosecuting attorney asserts a victim's

6 right or seeks enforcement of a right, and the court

7 denies the assertion of the right or denies the

8 request for enforcement of a right, the victim or

9 victim's attorney may file a motion to assert the

10 victim's right or to request enforcement of the right

11 within 10 days of the court's ruling. The motion need

12 not demonstrate the grounds for a motion for

13 reconsideration. The court shall rule on the merits of

14 the motion.

15 (D) The court shall take up and decide any motion

16 or request asserting or seeking enforcement of a

17 victim's right without delay, unless a specific time

18 period is specified by law or court rule. The reasons

19 for any decision denying the motion or request shall

20 be clearly stated on the record.

21 (5) Violation of rights and remedies.

22 (A) If the court determines that a victim's right

23 has been violated, the court shall determine the

24 appropriate remedy for the violation of the victim's

25 right by hearing from the victim and the parties,

26 considering all factors relevant to the issue, and

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1 then awarding appropriate relief to the victim.

2 (A-5) Consideration of an issue of a substantive

3 nature or an issue that implicates the constitutional

4 or statutory right of a victim at a court proceeding

5 labeled as a status hearing shall constitute a per se

6 violation of a victim's right.

7 (B) The appropriate remedy shall include only

8 actions necessary to provide the victim the right to

9 which the victim was entitled and may include

10 reopening previously held proceedings; however, in no

11 event shall the court vacate a conviction. Any remedy

12 shall be tailored to provide the victim an appropriate

13 remedy without violating any constitutional right of

14 the defendant. In no event shall the appropriate

15 remedy be a new trial, damages, or costs.

16 (6) Right to be heard. Whenever a victim has the right

17 to be heard, the court shall allow the victim to exercise

18 the right in any reasonable manner the victim chooses.

19 (7) Right to attend trial. A party must file a written

20 motion to exclude a victim from trial at least 60 days

21 prior to the date set for trial. The motion must state with

22 specificity the reason exclusion is necessary to protect a

23 constitutional right of the party, and must contain an

24 offer of proof. The court shall rule on the motion within

25 30 days. If the motion is granted, the court shall set

26 forth on the record the facts that support its finding

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1 that the victim's testimony will be materially affected if

2 the victim hears other testimony at trial.

3 (8) Right to have advocate and support person present

4 at court proceedings.

5 (A) A party who intends to call an advocate as a

6 witness at trial must seek permission of the court

7 before the subpoena is issued. The party must file a

8 written motion at least 90 days before trial that sets

9 forth specifically the issues on which the advocate's

10 testimony is sought and an offer of proof regarding

11 (i) the content of the anticipated testimony of the

12 advocate; and (ii) the relevance, admissibility, and

13 materiality of the anticipated testimony. The court

14 shall consider the motion and make findings within 30

15 days of the filing of the motion. If the court finds by

16 a preponderance of the evidence that: (i) the

17 anticipated testimony is not protected by an absolute

18 privilege; and (ii) the anticipated testimony contains

19 relevant, admissible, and material evidence that is

20 not available through other witnesses or evidence, the

21 court shall issue a subpoena requiring the advocate to

22 appear to testify at an in camera hearing. The

23 prosecuting attorney and the victim shall have 15 days

24 to seek appellate review before the advocate is

25 required to testify at an ex parte in camera

26 proceeding.

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1 The prosecuting attorney, the victim, and the

2 advocate's attorney shall be allowed to be present at

3 the ex parte in camera proceeding. If, after

4 conducting the ex parte in camera hearing, the court

5 determines that due process requires any testimony

6 regarding confidential or privileged information or

7 communications, the court shall provide to the

8 prosecuting attorney, the victim, and the advocate's

9 attorney a written memorandum on the substance of the

10 advocate's testimony. The prosecuting attorney, the

11 victim, and the advocate's attorney shall have 15 days

12 to seek appellate review before a subpoena may be

13 issued for the advocate to testify at trial. The

14 presence of the prosecuting attorney at the ex parte

15 in camera proceeding does not make the substance of

16 the advocate's testimony that the court has ruled

17 inadmissible subject to discovery.

18 (B) If a victim has asserted the right to have a

19 support person present at the court proceedings, the

20 victim shall provide the name of the person the victim

21 has chosen to be the victim's support person to the

22 prosecuting attorney, within 60 days of trial. The

23 prosecuting attorney shall provide the name to the

24 defendant. If the defendant intends to call the

25 support person as a witness at trial, the defendant

26 must seek permission of the court before a subpoena is

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1 issued. The defendant must file a written motion at

2 least 45 days prior to trial that sets forth

3 specifically the issues on which the support person

4 will testify and an offer of proof regarding: (i) the

5 content of the anticipated testimony of the support

6 person; and (ii) the relevance, admissibility, and

7 materiality of the anticipated testimony.

8 If the prosecuting attorney intends to call the

9 support person as a witness during the State's

10 case-in-chief, the prosecuting attorney shall inform

11 the court of this intent in the response to the

12 defendant's written motion. The victim may choose a

13 different person to be the victim's support person.

14 The court may allow the defendant to inquire about

15 matters outside the scope of the direct examination

16 during cross-examination. If the court allows the

17 defendant to do so, the support person shall be

18 allowed to remain in the courtroom after the support

19 person has testified. A defendant who fails to

20 question the support person about matters outside the

21 scope of direct examination during the State's

22 case-in-chief waives the right to challenge the

23 presence of the support person on appeal. The court

24 shall allow the support person to testify if called as

25 a witness in the defendant's case-in-chief or the

26 State's rebuttal.

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1 If the court does not allow the defendant to

2 inquire about matters outside the scope of the direct

3 examination, the support person shall be allowed to

4 remain in the courtroom after the support person has

5 been called by the defendant or the defendant has

6 rested. The court shall allow the support person to

7 testify in the State's rebuttal.

8 If the prosecuting attorney does not intend to

9 call the support person in the State's case-in-chief,

10 the court shall verify with the support person whether

11 the support person, if called as a witness, would

12 testify as set forth in the offer of proof. If the

13 court finds that the support person would testify as

14 set forth in the offer of proof, the court shall rule

15 on the relevance, materiality, and admissibility of

16 the anticipated testimony. If the court rules the

17 anticipated testimony is admissible, the court shall

18 issue the subpoena. The support person may remain in

19 the courtroom after the support person testifies and

20 shall be allowed to testify in rebuttal.

21 If the court excludes the victim's support person

22 during the State's case-in-chief, the victim shall be

23 allowed to choose another support person to be present

24 in court.

25 If the victim fails to designate a support person

26 within 60 days of trial and the defendant has

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1 subpoenaed the support person to testify at trial, the

2 court may exclude the support person from the trial

3 until the support person testifies. If the court

4 excludes the support person the victim may choose

5 another person as a support person.

6 (9) Right to notice and hearing before disclosure of

7 confidential or privileged information or records. A

8 defendant who seeks to subpoena records of or concerning

9 the victim that are confidential or privileged by law must

10 seek permission of the court before the subpoena is

11 issued. The defendant must file a written motion and an

12 offer of proof regarding the relevance, admissibility and

13 materiality of the records. If the court finds by a

14 preponderance of the evidence that: (A) the records are

15 not protected by an absolute privilege and (B) the records

16 contain relevant, admissible, and material evidence that

17 is not available through other witnesses or evidence, the

18 court shall issue a subpoena requiring a sealed copy of

19 the records be delivered to the court to be reviewed in

20 camera. If, after conducting an in camera review of the

21 records, the court determines that due process requires

22 disclosure of any portion of the records, the court shall

23 provide copies of what it intends to disclose to the

24 prosecuting attorney and the victim. The prosecuting

25 attorney and the victim shall have 30 days to seek

26 appellate review before the records are disclosed to the

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1 defendant. The disclosure of copies of any portion of the

2 records to the prosecuting attorney does not make the

3 records subject to discovery.

4 (10) Right to notice of court proceedings. If the

5 victim is not present at a court proceeding in which a

6 right of the victim is at issue, the court shall ask the

7 prosecuting attorney whether the victim was notified of

8 the time, place, and purpose of the court proceeding and

9 that the victim had a right to be heard at the court

10 proceeding. If the court determines that timely notice was

11 not given or that the victim was not adequately informed

12 of the nature of the court proceeding, the court shall not

13 rule on any substantive issues, accept a plea, or impose a

14 sentence and shall continue the hearing for the time

15 necessary to notify the victim of the time, place and

16 nature of the court proceeding. The time between court

17 proceedings shall not be attributable to the State under

18 Section 103-5 of the Code of Criminal Procedure of 1963.

19 (11) Right to timely disposition of the case. A victim

20 has the right to timely disposition of the case so as to

21 minimize the stress, cost, and inconvenience resulting

22 from the victim's involvement in the case. Before ruling

23 on a motion to continue trial or other court proceeding,

24 the court shall inquire into the circumstances for the

25 request for the delay and, if the victim has provided

26 written notice of the assertion of the right to a timely

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1 disposition, and whether the victim objects to the delay.

2 If the victim objects, the prosecutor shall inform the

3 court of the victim's objections. If the prosecutor has

4 not conferred with the victim about the continuance, the

5 prosecutor shall inform the court of the attempts to

6 confer. If the court finds the attempts of the prosecutor

7 to confer with the victim were inadequate to protect the

8 victim's right to be heard, the court shall give the

9 prosecutor at least 3 but not more than 5 business days to

10 confer with the victim. In ruling on a motion to continue,

11 the court shall consider the reasons for the requested

12 continuance, the number and length of continuances that

13 have been granted, the victim's objections and procedures

14 to avoid further delays. If a continuance is granted over

15 the victim's objection, the court shall specify on the

16 record the reasons for the continuance and the procedures

17 that have been or will be taken to avoid further delays.

18 (12) Right to Restitution.

19 (A) If the victim has asserted the right to

20 restitution and the amount of restitution is known at

21 the time of sentencing, the court shall enter the

22 judgment of restitution at the time of sentencing.

23 (B) If the victim has asserted the right to

24 restitution and the amount of restitution is not known

25 at the time of sentencing, the prosecutor shall,

26 within 5 days after sentencing, notify the victim what

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1 information and documentation related to restitution

2 is needed and that the information and documentation

3 must be provided to the prosecutor within 45 days

4 after sentencing. Failure to timely provide

5 information and documentation related to restitution

6 shall be deemed a waiver of the right to restitution.

7 The prosecutor shall file and serve within 60 days

8 after sentencing a proposed judgment for restitution

9 and a notice that includes information concerning the

10 identity of any victims or other persons seeking

11 restitution, whether any victim or other person

12 expressly declines restitution, the nature and amount

13 of any damages together with any supporting

14 documentation, a restitution amount recommendation,

15 and the names of any co-defendants and their case

16 numbers. Within 30 days after receipt of the proposed

17 judgment for restitution, the defendant shall file any

18 objection to the proposed judgment, a statement of

19 grounds for the objection, and a financial statement.

20 If the defendant does not file an objection, the court

21 may enter the judgment for restitution without further

22 proceedings. If the defendant files an objection and

23 either party requests a hearing, the court shall

24 schedule a hearing.

25 (13) Access to presentence reports.

26 (A) The victim may request a copy of the

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1 presentence report prepared under the Unified Code of

2 Corrections from the State's Attorney. The State's

3 Attorney shall redact the following information before

4 providing a copy of the report:

5 (i) the defendant's mental history and

6 condition;

7 (ii) any evaluation prepared under subsection

8 (b) or (b-5) of Section 5-3-2; and

9 (iii) the name, address, phone number, and

10 other personal information about any other victim.

11 (B) The State's Attorney or the defendant may

12 request the court redact other information in the

13 report that may endanger the safety of any person.

14 (C) The State's Attorney may orally disclose to

15 the victim any of the information that has been

16 redacted if there is a reasonable likelihood that the

17 information will be stated in court at the sentencing.

18 (D) The State's Attorney must advise the victim

19 that the victim must maintain the confidentiality of

20 the report and other information. Any dissemination of

21 the report or information that was not stated at a

22 court proceeding constitutes indirect criminal

23 contempt of court.

24 (14) Appellate relief. If the trial court denies the

25 relief requested, the victim, the victim's attorney, or

26 the prosecuting attorney may file an appeal within 30 days

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1 of the trial court's ruling. The trial or appellate court

2 may stay the court proceedings if the court finds that a

3 stay would not violate a constitutional right of the

4 defendant. If the appellate court denies the relief

5 sought, the reasons for the denial shall be clearly stated

6 in a written opinion. In any appeal in a criminal case, the

7 State may assert as error the court's denial of any crime

8 victim's right in the proceeding to which the appeal

9 relates.

10 (15) Limitation on appellate relief. In no case shall

11 an appellate court provide a new trial to remedy the

12 violation of a victim's right.

13 (16) The right to be reasonably protected from the

14 accused throughout the criminal justice process and the

15 right to have the safety of the victim and the victim's

16 family considered in denying or fixing the amount of bail,

17 determining whether to release the defendant, and setting

18 conditions of release after arrest and conviction. A

19 victim of domestic violence, a sexual offense, or stalking

20 may request the entry of a protective order under Article

21 112A of the Code of Criminal Procedure of 1963.

22 (d) Procedures after the imposition of sentence.

23 (1) The Prisoner Review Board shall inform a victim or

24 any other concerned citizen, upon written request, of the

25 prisoner's release on parole, mandatory supervised

26 release, electronic detention, work release, international

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1 transfer or exchange, or by the custodian, other than the

2 Department of Juvenile Justice, of the discharge of any

3 individual who was adjudicated a delinquent for a crime

4 from State custody and by the sheriff of the appropriate

5 county of any such person's final discharge from county

6 custody. The Prisoner Review Board, upon written request,

7 shall provide to a victim or any other concerned citizen a

8 recent photograph of any person convicted of a felony,

9 upon his or her release from custody. The Prisoner Review

10 Board, upon written request, shall inform a victim or any

11 other concerned citizen when feasible at least 7 days

12 prior to the prisoner's release on furlough of the times

13 and dates of such furlough. Upon written request by the

14 victim or any other concerned citizen, the State's

15 Attorney shall notify the person once of the times and

16 dates of release of a prisoner sentenced to periodic

17 imprisonment. Notification shall be based on the most

18 recent information as to victim's or other concerned

19 citizen's residence or other location available to the

20 notifying authority.

21 (2) When the defendant has been committed to the

22 Department of Human Services pursuant to Section 5-2-4 or

23 any other provision of the Unified Code of Corrections,

24 the victim may request to be notified by the releasing

25 authority of the approval by the court of an on-grounds

26 pass, a supervised off-grounds pass, an unsupervised

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1 off-grounds pass, or conditional release; the release on

2 an off-grounds pass; the return from an off-grounds pass;

3 transfer to another facility; conditional release; escape;

4 death; or final discharge from State custody. The

5 Department of Human Services shall establish and maintain

6 a statewide telephone number to be used by victims to make

7 notification requests under these provisions and shall

8 publicize this telephone number on its website and to the

9 State's Attorney of each county.

10 (3) In the event of an escape from State custody, the

11 Department of Corrections or the Department of Juvenile

12 Justice immediately shall notify the Prisoner Review Board

13 of the escape and the Prisoner Review Board shall notify

14 the victim. The notification shall be based upon the most

15 recent information as to the victim's residence or other

16 location available to the Board. When no such information

17 is available, the Board shall make all reasonable efforts

18 to obtain the information and make the notification. When

19 the escapee is apprehended, the Department of Corrections

20 or the Department of Juvenile Justice immediately shall

21 notify the Prisoner Review Board and the Board shall

22 notify the victim.

23 (4) The victim of the crime for which the prisoner has

24 been sentenced has the right to register with the Prisoner

25 Review Board's victim registry. Victims registered with

26 the Board shall receive reasonable written notice not less

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1 than 30 days prior to the parole hearing or target

2 aftercare release date. The victim has the right to submit

3 a victim statement for consideration by the Prisoner

4 Review Board or the Department of Juvenile Justice in

5 writing, on film, videotape, or other electronic means, or

6 in the form of a recording prior to the parole hearing or

7 target aftercare release date, or in person at the parole

8 hearing or aftercare release protest hearing, or by

9 calling the toll-free number established in subsection (f)

10 of this Section. The victim shall be notified within 7

11 days after the prisoner has been granted parole or

12 aftercare release and shall be informed of the right to

13 inspect the registry of parole decisions, established

14 under subsection (g) of Section 3-3-5 of the Unified Code

15 of Corrections. The provisions of this paragraph (4) are

16 subject to the Open Parole Hearings Act. Victim statements

17 provided to the Board shall be confidential and

18 privileged, including any statements received prior to

19 January 1, 2020 (the effective date of Public Act

20 101-288), except if the statement was an oral statement

21 made by the victim at a hearing open to the public.

22 (4-1) The crime victim has the right to submit a

23 victim statement for consideration by the Prisoner Review

24 Board or the Department of Juvenile Justice prior to or at

25 a hearing to determine the conditions of mandatory

26 supervised release of a person sentenced to a determinate

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1 sentence or at a hearing on revocation of mandatory

2 supervised release of a person sentenced to a determinate

3 sentence. A victim statement may be submitted in writing,

4 on film, videotape, or other electronic means, or in the

5 form of a recording, or orally at a hearing, or by calling

6 the toll-free number established in subsection (f) of this

7 Section. Victim statements provided to the Board shall be

8 confidential and privileged, including any statements

9 received prior to January 1, 2020 (the effective date of

10 Public Act 101-288), except if the statement was an oral

11 statement made by the victim at a hearing open to the

12 public.

13 (4-2) The crime victim has the right to submit a

14 victim statement to the Prisoner Review Board for

15 consideration at an executive clemency hearing as provided

16 in Section 3-3-13 of the Unified Code of Corrections. A

17 victim statement may be submitted in writing, on film,

18 videotape, or other electronic means, or in the form of a

19 recording prior to a hearing, or orally at a hearing, or by

20 calling the toll-free number established in subsection (f)

21 of this Section. Victim statements provided to the Board

22 shall be confidential and privileged, including any

23 statements received prior to January 1, 2020 (the

24 effective date of Public Act 101-288), except if the

25 statement was an oral statement made by the victim at a

26 hearing open to the public.

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1 (5) If a statement is presented under Section 6, the

2 Prisoner Review Board or Department of Juvenile Justice

3 shall inform the victim of any order of discharge pursuant

4 to Section 3-2.5-85 or 3-3-8 of the Unified Code of

5 Corrections.

6 (6) At the written or oral request of the victim of the

7 crime for which the prisoner was sentenced or the State's

8 Attorney of the county where the person seeking parole or

9 aftercare release was prosecuted, the Prisoner Review

10 Board or Department of Juvenile Justice shall notify the

11 victim and the State's Attorney of the county where the

12 person seeking parole or aftercare release was prosecuted

13 of the death of the prisoner if the prisoner died while on

14 parole or aftercare release or mandatory supervised

15 release.

16 (7) When a defendant who has been committed to the

17 Department of Corrections, the Department of Juvenile

18 Justice, or the Department of Human Services is released

19 or discharged and subsequently committed to the Department

20 of Human Services as a sexually violent person and the

21 victim had requested to be notified by the releasing

22 authority of the defendant's discharge, conditional

23 release, death, or escape from State custody, the

24 releasing authority shall provide to the Department of

25 Human Services such information that would allow the

26 Department of Human Services to contact the victim.

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1 (8) When a defendant has been convicted of a sex

2 offense as defined in Section 2 of the Sex Offender

3 Registration Act and has been sentenced to the Department

4 of Corrections or the Department of Juvenile Justice, the

5 Prisoner Review Board or the Department of Juvenile

6 Justice shall notify the victim of the sex offense of the

7 prisoner's eligibility for release on parole, aftercare

8 release, mandatory supervised release, electronic

9 detention, work release, international transfer or

10 exchange, or by the custodian of the discharge of any

11 individual who was adjudicated a delinquent for a sex

12 offense from State custody and by the sheriff of the

13 appropriate county of any such person's final discharge

14 from county custody. The notification shall be made to the

15 victim at least 30 days, whenever possible, before release

16 of the sex offender.

17 (e) The officials named in this Section may satisfy some

18 or all of their obligations to provide notices and other

19 information through participation in a statewide victim and

20 witness notification system established by the Attorney

21 General under Section 8.5 of this Act.

22 (f) The Prisoner Review Board shall establish a toll-free

23 number that may be accessed by the crime victim to present a

24 victim statement to the Board in accordance with paragraphs

25 (4), (4-1), and (4-2) of subsection (d).

26 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;

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1 102-22, eff. 6-25-21; 102-558, eff. 8-20-21.)

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

3 Sec. 4.5. Procedures to implement the rights of crime

4 victims. To afford crime victims their rights, law

5 enforcement, prosecutors, judges, and corrections will provide

6 information, as appropriate, of the following procedures:

7 (a) At the request of the crime victim, law enforcement

8 authorities investigating the case shall provide notice of the

9 status of the investigation, except where the State's Attorney

10 determines that disclosure of such information would

11 unreasonably interfere with the investigation, until such time

12 as the alleged assailant is apprehended or the investigation

13 is closed.

14 (a-5) When law enforcement authorities reopen a closed

15 case to resume investigating, they shall provide notice of the

16 reopening of the case, except where the State's Attorney

17 determines that disclosure of such information would

18 unreasonably interfere with the investigation.

19 (b) The office of the State's Attorney:

20 (1) shall provide notice of the filing of an

21 information, the return of an indictment, or the filing of

22 a petition to adjudicate a minor as a delinquent for a

23 violent crime;

24 (2) shall provide timely notice of the date, time, and

25 place of court proceedings; of any change in the date,

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1 time, and place of court proceedings; and of any

2 cancellation of court proceedings. Notice shall be

3 provided in sufficient time, wherever possible, for the

4 victim to make arrangements to attend or to prevent an

5 unnecessary appearance at court proceedings;

6 (3) or victim advocate personnel shall provide

7 information of social services and financial assistance

8 available for victims of crime, including information of

9 how to apply for these services and assistance;

10 (3.5) or victim advocate personnel shall provide

11 information about available victim services, including

12 referrals to programs, counselors, and agencies that

13 assist a victim to deal with trauma, loss, and grief;

14 (4) shall assist in having any stolen or other

15 personal property held by law enforcement authorities for

16 evidentiary or other purposes returned as expeditiously as

17 possible, pursuant to the procedures set out in Section

18 115-9 of the Code of Criminal Procedure of 1963;

19 (5) or victim advocate personnel shall provide

20 appropriate employer intercession services to ensure that

21 employers of victims will cooperate with the criminal

22 justice system in order to minimize an employee's loss of

23 pay and other benefits resulting from court appearances;

24 (6) shall provide, whenever possible, a secure waiting

25 area during court proceedings that does not require

26 victims to be in close proximity to defendants or

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1 juveniles accused of a violent crime, and their families

2 and friends;

3 (7) shall provide notice to the crime victim of the

4 right to have a translator present at all court

5 proceedings and, in compliance with the federal Americans

6 with Disabilities Act of 1990, the right to communications

7 access through a sign language interpreter or by other

8 means;

9 (8) (blank);

10 (8.5) shall inform the victim of the right to be

11 present at all court proceedings, unless the victim is to

12 testify and the court determines that the victim's

13 testimony would be materially affected if the victim hears

14 other testimony at trial;

15 (9) shall inform the victim of the right to have

16 present at all court proceedings, subject to the rules of

17 evidence and confidentiality, an advocate and other

18 support person of the victim's choice;

19 (9.3) shall inform the victim of the right to retain

20 an attorney, at the victim's own expense, who, upon

21 written notice filed with the clerk of the court and

22 State's Attorney, is to receive copies of all notices,

23 motions, and court orders filed thereafter in the case, in

24 the same manner as if the victim were a named party in the

25 case;

26 (9.5) shall inform the victim of (A) the victim's

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1 right under Section 6 of this Act to make a statement at

2 the sentencing hearing; (B) the right of the victim's

3 spouse, guardian, parent, grandparent, and other immediate

4 family and household members under Section 6 of this Act

5 to present a statement at sentencing; and (C) if a

6 presentence report is to be prepared, the right of the

7 victim's spouse, guardian, parent, grandparent, and other

8 immediate family and household members to submit

9 information to the preparer of the presentence report

10 about the effect the offense has had on the victim and the

11 person;

12 (10) at the sentencing shall make a good faith attempt

13 to explain the minimum amount of time during which the

14 defendant may actually be physically imprisoned. The

15 Office of the State's Attorney shall further notify the

16 crime victim of the right to request from the Prisoner

17 Review Board or Department of Juvenile Justice information

18 concerning the release of the defendant;

19 (11) shall request restitution at sentencing and as

20 part of a plea agreement if the victim requests

21 restitution;

22 (12) shall, upon the court entering a verdict of not

23 guilty by reason of insanity, inform the victim of the

24 notification services available from the Department of

25 Human Services, including the statewide telephone number,

26 under subparagraph (d)(2) of this Section;

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1 (13) shall provide notice within a reasonable time

2 after receipt of notice from the custodian, of the release

3 of the defendant on ~~pretrial release~~ bail or personal

4 recognizance or the release from detention of a minor who

5 has been detained;

6 (14) shall explain in nontechnical language the

7 details of any plea or verdict of a defendant, or any

8 adjudication of a juvenile as a delinquent;

9 (15) shall make all reasonable efforts to consult with

10 the crime victim before the Office of the State's Attorney

11 makes an offer of a plea bargain to the defendant or enters

12 into negotiations with the defendant concerning a possible

13 plea agreement, and shall consider the written statement,

14 if prepared prior to entering into a plea agreement. The

15 right to consult with the prosecutor does not include the

16 right to veto a plea agreement or to insist the case go to

17 trial. If the State's Attorney has not consulted with the

18 victim prior to making an offer or entering into plea

19 negotiations with the defendant, the Office of the State's

20 Attorney shall notify the victim of the offer or the

21 negotiations within 2 business days and confer with the

22 victim;

23 (16) shall provide notice of the ultimate disposition

24 of the cases arising from an indictment or an information,

25 or a petition to have a juvenile adjudicated as a

26 delinquent for a violent crime;

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1 (17) shall provide notice of any appeal taken by the

2 defendant and information on how to contact the

3 appropriate agency handling the appeal, and how to request

4 notice of any hearing, oral argument, or decision of an

5 appellate court;

6 (18) shall provide timely notice of any request for

7 post-conviction review filed by the defendant under

8 Article 122 of the Code of Criminal Procedure of 1963, and

9 of the date, time and place of any hearing concerning the

10 petition. Whenever possible, notice of the hearing shall

11 be given within 48 hours of the court's scheduling of the

12 hearing;

13 (19) shall forward a copy of any statement presented

14 under Section 6 to the Prisoner Review Board or Department

15 of Juvenile Justice to be considered in making a

16 determination under Section 3-2.5-85 or subsection (b) of

17 Section 3-3-8 of the Unified Code of Corrections;

18 (20) shall, within a reasonable time, offer to meet

19 with the crime victim regarding the decision of the

20 State's Attorney not to charge an offense, and shall meet

21 with the victim, if the victim agrees. The victim has a

22 right to have an attorney, advocate, and other support

23 person of the victim's choice attend this meeting with the

24 victim; and

25 (21) shall give the crime victim timely notice of any

26 decision not to pursue charges and consider the safety of

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1 the victim when deciding how to give such notice.

2 (c) The court shall ensure that the rights of the victim

3 are afforded.

4 (c-5) The following procedures shall be followed to afford

5 victims the rights guaranteed by Article I, Section 8.1 of the

6 Illinois Constitution:

7 (1) Written notice. A victim may complete a written

8 notice of intent to assert rights on a form prepared by the

9 Office of the Attorney General and provided to the victim

10 by the State's Attorney. The victim may at any time

11 provide a revised written notice to the State's Attorney.

12 The State's Attorney shall file the written notice with

13 the court. At the beginning of any court proceeding in

14 which the right of a victim may be at issue, the court and

15 prosecutor shall review the written notice to determine

16 whether the victim has asserted the right that may be at

17 issue.

18 (2) Victim's retained attorney. A victim's attorney

19 shall file an entry of appearance limited to assertion of

20 the victim's rights. Upon the filing of the entry of

21 appearance and service on the State's Attorney and the

22 defendant, the attorney is to receive copies of all

23 notices, motions and court orders filed thereafter in the

24 case.

25 (3) Standing. The victim has standing to assert the

26 rights enumerated in subsection (a) of Article I, Section

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1 8.1 of the Illinois Constitution and the statutory rights

2 under Section 4 of this Act in any court exercising

3 jurisdiction over the criminal case. The prosecuting

4 attorney, a victim, or the victim's retained attorney may

5 assert the victim's rights. The defendant in the criminal

6 case has no standing to assert a right of the victim in any

7 court proceeding, including on appeal.

8 (4) Assertion of and enforcement of rights.

9 (A) The prosecuting attorney shall assert a

10 victim's right or request enforcement of a right by

11 filing a motion or by orally asserting the right or

12 requesting enforcement in open court in the criminal

13 case outside the presence of the jury. The prosecuting

14 attorney shall consult with the victim and the

15 victim's attorney regarding the assertion or

16 enforcement of a right. If the prosecuting attorney

17 decides not to assert or enforce a victim's right, the

18 prosecuting attorney shall notify the victim or the

19 victim's attorney in sufficient time to allow the

20 victim or the victim's attorney to assert the right or

21 to seek enforcement of a right.

22 (B) If the prosecuting attorney elects not to

23 assert a victim's right or to seek enforcement of a

24 right, the victim or the victim's attorney may assert

25 the victim's right or request enforcement of a right

26 by filing a motion or by orally asserting the right or

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1 requesting enforcement in open court in the criminal

2 case outside the presence of the jury.

3 (C) If the prosecuting attorney asserts a victim's

4 right or seeks enforcement of a right, unless the

5 prosecuting attorney objects or the trial court does

6 not allow it, the victim or the victim's attorney may

7 be heard regarding the prosecuting attorney's motion

8 or may file a simultaneous motion to assert or request

9 enforcement of the victim's right. If the victim or

10 the victim's attorney was not allowed to be heard at

11 the hearing regarding the prosecuting attorney's

12 motion, and the court denies the prosecuting

13 attorney's assertion of the right or denies the

14 request for enforcement of a right, the victim or

15 victim's attorney may file a motion to assert the

16 victim's right or to request enforcement of the right

17 within 10 days of the court's ruling. The motion need

18 not demonstrate the grounds for a motion for

19 reconsideration. The court shall rule on the merits of

20 the motion.

21 (D) The court shall take up and decide any motion

22 or request asserting or seeking enforcement of a

23 victim's right without delay, unless a specific time

24 period is specified by law or court rule. The reasons

25 for any decision denying the motion or request shall

26 be clearly stated on the record.

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1 (E) No later than January 1, 2023, the Office of

2 the Attorney General shall:

3 (i) designate an administrative authority

4 within the Office of the Attorney General to

5 receive and investigate complaints relating to the

6 provision or violation of the rights of a crime

7 victim as described in Article I, Section 8.1 of

8 the Illinois Constitution and in this Act;

9 (ii) create and administer a course of

10 training for employees and offices of the State of

11 Illinois that fail to comply with provisions of

12 Illinois law pertaining to the treatment of crime

13 victims as described in Article I, Section 8.1 of

14 the Illinois Constitution and in this Act as

15 required by the court under Section 5 of this Act;

16 and

17 (iii) have the authority to make

18 recommendations to employees and offices of the

19 State of Illinois to respond more effectively to

20 the needs of crime victims, including regarding

21 the violation of the rights of a crime victim.

22 (F) Crime victims' rights may also be asserted by

23 filing a complaint for mandamus, injunctive, or

24 declaratory relief in the jurisdiction in which the

25 victim's right is being violated or where the crime is

26 being prosecuted. For complaints or motions filed by

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1 or on behalf of the victim, the clerk of court shall

2 waive filing fees that would otherwise be owed by the

3 victim for any court filing with the purpose of

4 enforcing crime victims' rights. If the court denies

5 the relief sought by the victim, the reasons for the

6 denial shall be clearly stated on the record in the

7 transcript of the proceedings, in a written opinion,

8 or in the docket entry, and the victim may appeal the

9 circuit court's decision to the appellate court. The

10 court shall issue prompt rulings regarding victims'

11 rights. Proceedings seeking to enforce victims' rights

12 shall not be stayed or subject to unreasonable delay

13 via continuances.

14 (5) Violation of rights and remedies.

15 (A) If the court determines that a victim's right

16 has been violated, the court shall determine the

17 appropriate remedy for the violation of the victim's

18 right by hearing from the victim and the parties,

19 considering all factors relevant to the issue, and

20 then awarding appropriate relief to the victim.

21 (A-5) Consideration of an issue of a substantive

22 nature or an issue that implicates the constitutional

23 or statutory right of a victim at a court proceeding

24 labeled as a status hearing shall constitute a per se

25 violation of a victim's right.

26 (B) The appropriate remedy shall include only

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1 actions necessary to provide the victim the right to

2 which the victim was entitled. Remedies may include,

3 but are not limited to: injunctive relief requiring

4 the victim's right to be afforded; declaratory

5 judgment recognizing or clarifying the victim's

6 rights; a writ of mandamus; and may include reopening

7 previously held proceedings; however, in no event

8 shall the court vacate a conviction. Any remedy shall

9 be tailored to provide the victim an appropriate

10 remedy without violating any constitutional right of

11 the defendant. In no event shall the appropriate

12 remedy to the victim be a new trial or damages.

13 The court shall impose a mandatory training course

14 provided by the Attorney General for the employee under

15 item (ii) of subparagraph (E) of paragraph (4), which must

16 be successfully completed within 6 months of the entry of

17 the court order.

18 This paragraph (5) takes effect January 2, 2023.

19 (6) Right to be heard. Whenever a victim has the right

20 to be heard, the court shall allow the victim to exercise

21 the right in any reasonable manner the victim chooses.

22 (7) Right to attend trial. A party must file a written

23 motion to exclude a victim from trial at least 60 days

24 prior to the date set for trial. The motion must state with

25 specificity the reason exclusion is necessary to protect a

26 constitutional right of the party, and must contain an

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1 offer of proof. The court shall rule on the motion within

2 30 days. If the motion is granted, the court shall set

3 forth on the record the facts that support its finding

4 that the victim's testimony will be materially affected if

5 the victim hears other testimony at trial.

6 (8) Right to have advocate and support person present

7 at court proceedings.

8 (A) A party who intends to call an advocate as a

9 witness at trial must seek permission of the court

10 before the subpoena is issued. The party must file a

11 written motion at least 90 days before trial that sets

12 forth specifically the issues on which the advocate's

13 testimony is sought and an offer of proof regarding

14 (i) the content of the anticipated testimony of the

15 advocate; and (ii) the relevance, admissibility, and

16 materiality of the anticipated testimony. The court

17 shall consider the motion and make findings within 30

18 days of the filing of the motion. If the court finds by

19 a preponderance of the evidence that: (i) the

20 anticipated testimony is not protected by an absolute

21 privilege; and (ii) the anticipated testimony contains

22 relevant, admissible, and material evidence that is

23 not available through other witnesses or evidence, the

24 court shall issue a subpoena requiring the advocate to

25 appear to testify at an in camera hearing. The

26 prosecuting attorney and the victim shall have 15 days

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1 to seek appellate review before the advocate is

2 required to testify at an ex parte in camera

3 proceeding.

4 The prosecuting attorney, the victim, and the

5 advocate's attorney shall be allowed to be present at

6 the ex parte in camera proceeding. If, after

7 conducting the ex parte in camera hearing, the court

8 determines that due process requires any testimony

9 regarding confidential or privileged information or

10 communications, the court shall provide to the

11 prosecuting attorney, the victim, and the advocate's

12 attorney a written memorandum on the substance of the

13 advocate's testimony. The prosecuting attorney, the

14 victim, and the advocate's attorney shall have 15 days

15 to seek appellate review before a subpoena may be

16 issued for the advocate to testify at trial. The

17 presence of the prosecuting attorney at the ex parte

18 in camera proceeding does not make the substance of

19 the advocate's testimony that the court has ruled

20 inadmissible subject to discovery.

21 (B) If a victim has asserted the right to have a

22 support person present at the court proceedings, the

23 victim shall provide the name of the person the victim

24 has chosen to be the victim's support person to the

25 prosecuting attorney, within 60 days of trial. The

26 prosecuting attorney shall provide the name to the

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1 defendant. If the defendant intends to call the

2 support person as a witness at trial, the defendant

3 must seek permission of the court before a subpoena is

4 issued. The defendant must file a written motion at

5 least 45 days prior to trial that sets forth

6 specifically the issues on which the support person

7 will testify and an offer of proof regarding: (i) the

8 content of the anticipated testimony of the support

9 person; and (ii) the relevance, admissibility, and

10 materiality of the anticipated testimony.

11 If the prosecuting attorney intends to call the

12 support person as a witness during the State's

13 case-in-chief, the prosecuting attorney shall inform

14 the court of this intent in the response to the

15 defendant's written motion. The victim may choose a

16 different person to be the victim's support person.

17 The court may allow the defendant to inquire about

18 matters outside the scope of the direct examination

19 during cross-examination. If the court allows the

20 defendant to do so, the support person shall be

21 allowed to remain in the courtroom after the support

22 person has testified. A defendant who fails to

23 question the support person about matters outside the

24 scope of direct examination during the State's

25 case-in-chief waives the right to challenge the

26 presence of the support person on appeal. The court

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1 shall allow the support person to testify if called as

2 a witness in the defendant's case-in-chief or the

3 State's rebuttal.

4 If the court does not allow the defendant to

5 inquire about matters outside the scope of the direct

6 examination, the support person shall be allowed to

7 remain in the courtroom after the support person has

8 been called by the defendant or the defendant has

9 rested. The court shall allow the support person to

10 testify in the State's rebuttal.

11 If the prosecuting attorney does not intend to

12 call the support person in the State's case-in-chief,

13 the court shall verify with the support person whether

14 the support person, if called as a witness, would

15 testify as set forth in the offer of proof. If the

16 court finds that the support person would testify as

17 set forth in the offer of proof, the court shall rule

18 on the relevance, materiality, and admissibility of

19 the anticipated testimony. If the court rules the

20 anticipated testimony is admissible, the court shall

21 issue the subpoena. The support person may remain in

22 the courtroom after the support person testifies and

23 shall be allowed to testify in rebuttal.

24 If the court excludes the victim's support person

25 during the State's case-in-chief, the victim shall be

26 allowed to choose another support person to be present

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1 in court.

2 If the victim fails to designate a support person

3 within 60 days of trial and the defendant has

4 subpoenaed the support person to testify at trial, the

5 court may exclude the support person from the trial

6 until the support person testifies. If the court

7 excludes the support person the victim may choose

8 another person as a support person.

9 (9) Right to notice and hearing before disclosure of

10 confidential or privileged information or records.

11 (A) A defendant who seeks to subpoena testimony or

12 records of or concerning the victim that are

13 confidential or privileged by law must seek permission

14 of the court before the subpoena is issued. The

15 defendant must file a written motion and an offer of

16 proof regarding the relevance, admissibility and

17 materiality of the testimony or records. If the court

18 finds by a preponderance of the evidence that:

19 (i) the testimony or records are not protected

20 by an absolute privilege and

21 (ii) the testimony or records contain

22 relevant, admissible, and material evidence that

23 is not available through other witnesses or

24 evidence, the court shall issue a subpoena

25 requiring the witness to appear in camera or a

26 sealed copy of the records be delivered to the

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1 court to be reviewed in camera. If, after

2 conducting an in camera review of the witness

3 statement or records, the court determines that

4 due process requires disclosure of any potential

5 testimony or any portion of the records, the court

6 shall provide copies of the records that it

7 intends to disclose to the prosecuting attorney

8 and the victim. The prosecuting attorney and the

9 victim shall have 30 days to seek appellate review

10 before the records are disclosed to the defendant,

11 used in any court proceeding, or disclosed to

12 anyone or in any way that would subject the

13 testimony or records to public review. The

14 disclosure of copies of any portion of the

15 testimony or records to the prosecuting attorney

16 under this Section does not make the records

17 subject to discovery or required to be provided to

18 the defendant.

19 (B) A prosecuting attorney who seeks to subpoena

20 information or records concerning the victim that are

21 confidential or privileged by law must first request

22 the written consent of the crime victim. If the victim

23 does not provide such written consent, including where

24 necessary the appropriate signed document required for

25 waiving privilege, the prosecuting attorney must serve

26 the subpoena at least 21 days prior to the date a

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1 response or appearance is required to allow the

2 subject of the subpoena time to file a motion to quash

3 or request a hearing. The prosecuting attorney must

4 also send a written notice to the victim at least 21

5 days prior to the response date to allow the victim to

6 file a motion or request a hearing. The notice to the

7 victim shall inform the victim (i) that a subpoena has

8 been issued for confidential information or records

9 concerning the victim, (ii) that the victim has the

10 right to request a hearing prior to the response date

11 of the subpoena, and (iii) how to request the hearing.

12 The notice to the victim shall also include a copy of

13 the subpoena. If requested, a hearing regarding the

14 subpoena shall occur before information or records are

15 provided to the prosecuting attorney.

16 (10) Right to notice of court proceedings. If the

17 victim is not present at a court proceeding in which a

18 right of the victim is at issue, the court shall ask the

19 prosecuting attorney whether the victim was notified of

20 the time, place, and purpose of the court proceeding and

21 that the victim had a right to be heard at the court

22 proceeding. If the court determines that timely notice was

23 not given or that the victim was not adequately informed

24 of the nature of the court proceeding, the court shall not

25 rule on any substantive issues, accept a plea, or impose a

26 sentence and shall continue the hearing for the time

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1 necessary to notify the victim of the time, place and

2 nature of the court proceeding. The time between court

3 proceedings shall not be attributable to the State under

4 Section 103-5 of the Code of Criminal Procedure of 1963.

5 (11) Right to timely disposition of the case. A victim

6 has the right to timely disposition of the case so as to

7 minimize the stress, cost, and inconvenience resulting

8 from the victim's involvement in the case. Before ruling

9 on a motion to continue trial or other court proceeding,

10 the court shall inquire into the circumstances for the

11 request for the delay and, if the victim has provided

12 written notice of the assertion of the right to a timely

13 disposition, and whether the victim objects to the delay.

14 If the victim objects, the prosecutor shall inform the

15 court of the victim's objections. If the prosecutor has

16 not conferred with the victim about the continuance, the

17 prosecutor shall inform the court of the attempts to

18 confer. If the court finds the attempts of the prosecutor

19 to confer with the victim were inadequate to protect the

20 victim's right to be heard, the court shall give the

21 prosecutor at least 3 but not more than 5 business days to

22 confer with the victim. In ruling on a motion to continue,

23 the court shall consider the reasons for the requested

24 continuance, the number and length of continuances that

25 have been granted, the victim's objections and procedures

26 to avoid further delays. If a continuance is granted over

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1 the victim's objection, the court shall specify on the

2 record the reasons for the continuance and the procedures

3 that have been or will be taken to avoid further delays.

4 (12) Right to Restitution.

5 (A) If the victim has asserted the right to

6 restitution and the amount of restitution is known at

7 the time of sentencing, the court shall enter the

8 judgment of restitution at the time of sentencing.

9 (B) If the victim has asserted the right to

10 restitution and the amount of restitution is not known

11 at the time of sentencing, the prosecutor shall,

12 within 5 days after sentencing, notify the victim what

13 information and documentation related to restitution

14 is needed and that the information and documentation

15 must be provided to the prosecutor within 45 days

16 after sentencing. Failure to timely provide

17 information and documentation related to restitution

18 shall be deemed a waiver of the right to restitution.

19 The prosecutor shall file and serve within 60 days

20 after sentencing a proposed judgment for restitution

21 and a notice that includes information concerning the

22 identity of any victims or other persons seeking

23 restitution, whether any victim or other person

24 expressly declines restitution, the nature and amount

25 of any damages together with any supporting

26 documentation, a restitution amount recommendation,

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1 and the names of any co-defendants and their case

2 numbers. Within 30 days after receipt of the proposed

3 judgment for restitution, the defendant shall file any

4 objection to the proposed judgment, a statement of

5 grounds for the objection, and a financial statement.

6 If the defendant does not file an objection, the court

7 may enter the judgment for restitution without further

8 proceedings. If the defendant files an objection and

9 either party requests a hearing, the court shall

10 schedule a hearing.

11 (13) Access to presentence reports.

12 (A) The victim may request a copy of the

13 presentence report prepared under the Unified Code of

14 Corrections from the State's Attorney. The State's

15 Attorney shall redact the following information before

16 providing a copy of the report:

17 (i) the defendant's mental history and

18 condition;

19 (ii) any evaluation prepared under subsection

20 (b) or (b-5) of Section 5-3-2; and

21 (iii) the name, address, phone number, and

22 other personal information about any other victim.

23 (B) The State's Attorney or the defendant may

24 request the court redact other information in the

25 report that may endanger the safety of any person.

26 (C) The State's Attorney may orally disclose to

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1 the victim any of the information that has been

2 redacted if there is a reasonable likelihood that the

3 information will be stated in court at the sentencing.

4 (D) The State's Attorney must advise the victim

5 that the victim must maintain the confidentiality of

6 the report and other information. Any dissemination of

7 the report or information that was not stated at a

8 court proceeding constitutes indirect criminal

9 contempt of court.

10 (14) Appellate relief. If the trial court denies the

11 relief requested, the victim, the victim's attorney, or

12 the prosecuting attorney may file an appeal within 30 days

13 of the trial court's ruling. The trial or appellate court

14 may stay the court proceedings if the court finds that a

15 stay would not violate a constitutional right of the

16 defendant. If the appellate court denies the relief

17 sought, the reasons for the denial shall be clearly stated

18 in a written opinion. In any appeal in a criminal case, the

19 State may assert as error the court's denial of any crime

20 victim's right in the proceeding to which the appeal

21 relates.

22 (15) Limitation on appellate relief. In no case shall

23 an appellate court provide a new trial to remedy the

24 violation of a victim's right.

25 (16) The right to be reasonably protected from the

26 accused throughout the criminal justice process and the

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1 right to have the safety of the victim and the victim's

2 family considered in denying or fixing the amount of bail,

3 determining whether to release the defendant, and setting

4 conditions of release after arrest and conviction. A

5 victim of domestic violence, a sexual offense, or stalking

6 may request the entry of a protective order under Article

7 112A of the Code of Criminal Procedure of 1963.

8 (d) Procedures after the imposition of sentence.

9 (1) The Prisoner Review Board shall inform a victim or

10 any other concerned citizen, upon written request, of the

11 prisoner's release on parole, mandatory supervised

12 release, electronic detention, work release, international

13 transfer or exchange, or by the custodian, other than the

14 Department of Juvenile Justice, of the discharge of any

15 individual who was adjudicated a delinquent for a crime

16 from State custody and by the sheriff of the appropriate

17 county of any such person's final discharge from county

18 custody. The Prisoner Review Board, upon written request,

19 shall provide to a victim or any other concerned citizen a

20 recent photograph of any person convicted of a felony,

21 upon his or her release from custody. The Prisoner Review

22 Board, upon written request, shall inform a victim or any

23 other concerned citizen when feasible at least 7 days

24 prior to the prisoner's release on furlough of the times

25 and dates of such furlough. Upon written request by the

26 victim or any other concerned citizen, the State's

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1 Attorney shall notify the person once of the times and

2 dates of release of a prisoner sentenced to periodic

3 imprisonment. Notification shall be based on the most

4 recent information as to victim's or other concerned

5 citizen's residence or other location available to the

6 notifying authority.

7 (2) When the defendant has been committed to the

8 Department of Human Services pursuant to Section 5-2-4 or

9 any other provision of the Unified Code of Corrections,

10 the victim may request to be notified by the releasing

11 authority of the approval by the court of an on-grounds

12 pass, a supervised off-grounds pass, an unsupervised

13 off-grounds pass, or conditional release; the release on

14 an off-grounds pass; the return from an off-grounds pass;

15 transfer to another facility; conditional release; escape;

16 death; or final discharge from State custody. The

17 Department of Human Services shall establish and maintain

18 a statewide telephone number to be used by victims to make

19 notification requests under these provisions and shall

20 publicize this telephone number on its website and to the

21 State's Attorney of each county.

22 (3) In the event of an escape from State custody, the

23 Department of Corrections or the Department of Juvenile

24 Justice immediately shall notify the Prisoner Review Board

25 of the escape and the Prisoner Review Board shall notify

26 the victim. The notification shall be based upon the most

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1 recent information as to the victim's residence or other

2 location available to the Board. When no such information

3 is available, the Board shall make all reasonable efforts

4 to obtain the information and make the notification. When

5 the escapee is apprehended, the Department of Corrections

6 or the Department of Juvenile Justice immediately shall

7 notify the Prisoner Review Board and the Board shall

8 notify the victim.

9 (4) The victim of the crime for which the prisoner has

10 been sentenced has the right to register with the Prisoner

11 Review Board's victim registry. Victims registered with

12 the Board shall receive reasonable written notice not less

13 than 30 days prior to the parole hearing or target

14 aftercare release date. The victim has the right to submit

15 a victim statement for consideration by the Prisoner

16 Review Board or the Department of Juvenile Justice in

17 writing, on film, videotape, or other electronic means, or

18 in the form of a recording prior to the parole hearing or

19 target aftercare release date, or in person at the parole

20 hearing or aftercare release protest hearing, or by

21 calling the toll-free number established in subsection (f)

22 of this Section. The victim shall be notified within 7

23 days after the prisoner has been granted parole or

24 aftercare release and shall be informed of the right to

25 inspect the registry of parole decisions, established

26 under subsection (g) of Section 3-3-5 of the Unified Code

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1 of Corrections. The provisions of this paragraph (4) are

2 subject to the Open Parole Hearings Act. Victim statements

3 provided to the Board shall be confidential and

4 privileged, including any statements received prior to

5 ~~January 1, 2020 (~~the effective date of ~~Public Act 101-288)~~

6 this amendatory Act of the 101st General Assembly, except

7 if the statement was an oral statement made by the victim

8 at a hearing open to the public.

9 (4-1) The crime victim has the right to submit a

10 victim statement for consideration by the Prisoner Review

11 Board or the Department of Juvenile Justice prior to or at

12 a hearing to determine the conditions of mandatory

13 supervised release of a person sentenced to a determinate

14 sentence or at a hearing on revocation of mandatory

15 supervised release of a person sentenced to a determinate

16 sentence. A victim statement may be submitted in writing,

17 on film, videotape, or other electronic means, or in the

18 form of a recording, or orally at a hearing, or by calling

19 the toll-free number established in subsection (f) of this

20 Section. Victim statements provided to the Board shall be

21 confidential and privileged, including any statements

22 received prior to ~~January 1, 2020 (~~the effective date of

23 ~~Public Act 101-288)~~ this amendatory Act of the 101st

24 General Assembly, except if the statement was an oral

25 statement made by the victim at a hearing open to the

26 public.

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1 (4-2) The crime victim has the right to submit a

2 victim statement to the Prisoner Review Board for

3 consideration at an executive clemency hearing as provided

4 in Section 3-3-13 of the Unified Code of Corrections. A

5 victim statement may be submitted in writing, on film,

6 videotape, or other electronic means, or in the form of a

7 recording prior to a hearing, or orally at a hearing, or by

8 calling the toll-free number established in subsection (f)

9 of this Section. Victim statements provided to the Board

10 shall be confidential and privileged, including any

11 statements received prior to ~~January 1, 2020 (~~the

12 effective date of ~~Public Act 101-288)~~ this amendatory Act

13 of the 101st General Assembly, except if the statement was

14 an oral statement made by the victim at a hearing open to

15 the public.

16 (5) If a statement is presented under Section 6, the

17 Prisoner Review Board or Department of Juvenile Justice

18 shall inform the victim of any order of discharge pursuant

19 to Section 3-2.5-85 or 3-3-8 of the Unified Code of

20 Corrections.

21 (6) At the written or oral request of the victim of the

22 crime for which the prisoner was sentenced or the State's

23 Attorney of the county where the person seeking parole or

24 aftercare release was prosecuted, the Prisoner Review

25 Board or Department of Juvenile Justice shall notify the

26 victim and the State's Attorney of the county where the

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1 person seeking parole or aftercare release was prosecuted

2 of the death of the prisoner if the prisoner died while on

3 parole or aftercare release or mandatory supervised

4 release.

5 (7) When a defendant who has been committed to the

6 Department of Corrections, the Department of Juvenile

7 Justice, or the Department of Human Services is released

8 or discharged and subsequently committed to the Department

9 of Human Services as a sexually violent person and the

10 victim had requested to be notified by the releasing

11 authority of the defendant's discharge, conditional

12 release, death, or escape from State custody, the

13 releasing authority shall provide to the Department of

14 Human Services such information that would allow the

15 Department of Human Services to contact the victim.

16 (8) When a defendant has been convicted of a sex

17 offense as defined in Section 2 of the Sex Offender

18 Registration Act and has been sentenced to the Department

19 of Corrections or the Department of Juvenile Justice, the

20 Prisoner Review Board or the Department of Juvenile

21 Justice shall notify the victim of the sex offense of the

22 prisoner's eligibility for release on parole, aftercare

23 release, mandatory supervised release, electronic

24 detention, work release, international transfer or

25 exchange, or by the custodian of the discharge of any

26 individual who was adjudicated a delinquent for a sex

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1 offense from State custody and by the sheriff of the

2 appropriate county of any such person's final discharge

3 from county custody. The notification shall be made to the

4 victim at least 30 days, whenever possible, before release

5 of the sex offender.

6 (e) The officials named in this Section may satisfy some

7 or all of their obligations to provide notices and other

8 information through participation in a statewide victim and

9 witness notification system established by the Attorney

10 General under Section 8.5 of this Act.

11 (f) The Prisoner Review Board shall establish a toll-free

12 number that may be accessed by the crime victim to present a

13 victim statement to the Board in accordance with paragraphs

14 (4), (4-1), and (4-2) of subsection (d).

15 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;

16 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.

17 8-20-21.)

18 Section 245. The Pretrial Services Act is amended by

19 changing Sections 11, 20, 22, and 34 as follows:

20 (725 ILCS 185/11) (from Ch. 38, par. 311)

21 Sec. 11. No person shall be interviewed by a pretrial

22 services agency unless he or she has first been apprised of the

23 identity and purpose of the interviewer, the scope of the

24 interview, the right to secure legal advice, and the right to

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1 refuse cooperation. Inquiry of the defendant shall carefully

2 exclude questions concerning the details of the current

3 charge. Statements made by the defendant during the interview,

4 or evidence derived therefrom, are admissible in evidence only

5 when the court is considering the imposition of pretrial or

6 posttrial conditions to bail or recognizance, or when

7 considering the modification of a prior release order.

8 (Source: P.A. 84-1449; 101-652.)

9 (725 ILCS 185/20) (from Ch. 38, par. 320)

10 Sec. 20. In preparing and presenting its written reports

11 under Sections 17 and 19, pretrial services agencies shall in

12 appropriate cases include specific recommendations forthe

13 setting ~~the conditions~~ , increase, or decreaseof~~pretrial~~

14 ~~release~~ bail; the release of the interviewee on his own

15 recognizance in sums certain; and the imposition ofpretrial

16 conditions ~~of pretrial release~~ to bailor recognizance

17 designed to minimize the risks of nonappearance, the

18 commission of new offenses while awaiting trial, and other

19 potential interference with the orderly administration of

20 justice. In establishing objective internal criteria of any

21 such recommendation policies, the agency may utilize so-called

22 "point scales" for evaluating the aforementioned risks, but no

23 interviewee shall be considered as ineligible for particular

24 agency recommendations by sole reference to such procedures.

25 (Source: P.A. 91-357, eff. 7-29-99; 101-652.)

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1 (725 ILCS 185/22) (from Ch. 38, par. 322)

2 Sec. 22. If so ordered by the court, the pretrial services

3 agency shall prepare and submit for the court's approval and

4 signature a uniform release order on the uniform form

5 established by the Supreme Court in all cases where an

6 interviewee may be released from custody under conditions

7 contained in an agency report. Such conditions shall become

8 part of the conditions of~~pretrial release~~ the bail bond. A

9 copy of the uniform release order shall be provided to the

10 defendant and defendant's attorney of record, and the

11 prosecutor.

12 (Source: P.A. 84-1449; 101-652.)

13 (725 ILCS 185/34)

14 Sec. 34. Probation and court services departments

15 considered pretrial services agencies. For the purposes of

16 administering the provisions of Public Act 95-773, known as

17 the Cindy Bischof Law, all probation and court services

18 departments are to be considered pretrial services agencies

19 under this Act and under the ~~pretrial release~~ bail bond

20 provisions of the Code of Criminal Procedure of 1963.

21 (Source: P.A. 96-341, eff. 8-11-09; 101-652.)

22 Section 250. The Quasi-criminal and Misdemeanor Bail Act

23 is amended by changing the title of the Act and Sections 0.01,

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1 1, 2, 3, and 5 as follows:

2 (725 ILCS 195/Act title)

3 An Act to authorize designated officers to let persons

4 charged with quasi-criminal offenses and misdemeanors to

5 ~~pretrial release~~ bail and to accept and receipt for fines on

6 pleas of guilty in minor offenses, in accordance with

7 schedules established by rule of court.

8 (725 ILCS 195/0.01) (from Ch. 16, par. 80)

9 Sec. 0.01. Short title. This Act may be cited as the

10 Quasi-criminal and Misdemeanor ~~Pretrial Release~~ Bail Act.

11 (Source: P.A. 86-1324; 101-652.)

12 (725 ILCS 195/1) (from Ch. 16, par. 81)

13 Sec. 1. Whenever in any circuit there shall be in force a

14 rule or order of the Supreme Court establishing a uniform~~form~~

15 scheduleprescribing the~~conditions of pretrial release~~

16 amounts of bail for specified conservation cases, traffic

17 cases, quasi-criminal offenses and misdemeanors, any general

18 superintendent, chief, captain, lieutenant, or sergeant of

19 police, or other police officer, the sheriff, the circuit

20 clerk, and any deputy sheriff or deputy circuit clerk

21 designated by the Circuit Court for the purpose, are

22 authorized to let to ~~pretrial release~~ bail any person charged

23 with a quasi-criminal offense or misdemeanorand to accept and

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1 receipt for bonds or cash bail in accordance with regulations

2 established by rule or order of the Supreme Court. Unless

3 otherwise provided by Supreme Court Rule, no such bail may be

4 posted or accepted in any place other than a police station,

5 sheriff's office or jail, or other county, municipal or other

6 building housing governmental units, or a division

7 headquarters building of the Illinois State Police. Bonds and

8 cash so received shall be delivered to the office of the

9 circuit clerk or that of his designated deputy as provided by

10 regulation. Such cash and securities so received shall be

11 delivered to the office of such clerk or deputy clerk within at

12 least 48 hours of receipt or within the time set for the

13 accused's appearance in court whichever is earliest.

14 In all cases where a person is admitted to bail under a

15 uniform schedule prescribing the amount of bail for specified

16 conservation cases, traffic cases, quasi-criminal offenses and

17 misdemeanors the provisions of Section 110-15 of the "Code of

18 Criminal Procedure of 1963", approved August 14, 1963, as

19 amended by the 75th General Assembly shall be applicable.

20 (Source: P.A. 80-897; 101-652.)

21 (725 ILCS 195/2) (from Ch. 16, par. 82)

22 Sec. 2. The conditions of the ~~pretrial release~~ bail bond

23 or deposit of cash bailshall be that the accused will appear

24 to answer the charge in court at a time and place specified in

25 the ~~pretrial release form~~ bond and thereafter as ordered by

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1 the court until discharged on final order of the court and to

2 submit himself to the orders and process of the court. The

3 accused shall be furnished with an official receipt on a form

4 prescribed by rule of court for any cash or other security

5 deposited, and shall receive a copy of the ~~pretrial release~~

6 ~~form~~ bondspecifying the time and place of his court

7 appearance.

8 Upon performance of the conditions of the ~~pretrial release~~

9 bond, the ~~pretrial release form~~ bondshall be null and void and

10 ~~the accused shall be released from the conditions of pretrial~~

11 ~~release~~ any cash bail or other security shall be returned to

12 the accused.

13 (Source: Laws 1963, p. 2652; P.A. 101-652.)

14 (725 ILCS 195/3) (from Ch. 16, par. 83)

15 Sec. 3. In lieu of ~~complying with the conditions of~~

16 ~~pretrial release~~ making bond or depositing cash bail as

17 provided in this Act or the deposit of other security

18 authorized by law, any accused person has the right to be

19 brought without unnecessary delay before the nearest or most

20 accessible judge of the circuit to be dealt with according to

21 law.

22 (Source: P.A. 77-1248; 101-652.)

23 (725 ILCS 195/5) (from Ch. 16, par. 85)

24 Sec. 5. Any person authorized to accept ~~pretrial release~~

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1 bailor pleas of guilty by this Act who violates any provision

2 of this Act is guilty of a Class B misdemeanor.

3 (Source: P.A. 77-2319; 101-652.)

4 Section 255. The Unified Code of Corrections is amended by

5 changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, and

6 8-2-1 as follows:

7 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)

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

9 Sec. 5-3-2. Presentence report.

10 (a) In felony cases, the presentence report shall set

11 forth:

12 (1) the defendant's history of delinquency or

13 criminality, physical and mental history and condition,

14 family situation and background, economic status,

15 education, occupation and personal habits;

16 (2) information about special resources within the

17 community which might be available to assist the

18 defendant's rehabilitation, including treatment centers,

19 residential facilities, vocational training services,

20 correctional manpower programs, employment opportunities,

21 special educational programs, alcohol and drug abuse

22 programming, psychiatric and marriage counseling, and

23 other programs and facilities which could aid the

24 defendant's successful reintegration into society;

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1 (3) the effect the offense committed has had upon the

2 victim or victims thereof, and any compensatory benefit

3 that various sentencing alternatives would confer on such

4 victim or victims;

5 (3.5) information provided by the victim's spouse,

6 guardian, parent, grandparent, and other immediate family

7 and household members about the effect the offense

8 committed has had on the victim and on the person

9 providing the information; if the victim's spouse,

10 guardian, parent, grandparent, or other immediate family

11 or household member has provided a written statement, the

12 statement shall be attached to the report;

13 (4) information concerning the defendant's status

14 since arrest, including his record if released on his own

15 recognizance, or the defendant's achievement record if

16 released on a conditional pre-trial supervision program;

17 (5) when appropriate, a plan, based upon the personal,

18 economic and social adjustment needs of the defendant,

19 utilizing public and private community resources as an

20 alternative to institutional sentencing;

21 (6) any other matters that the investigatory officer

22 deems relevant or the court directs to be included;

23 (7) information concerning the defendant's eligibility

24 for a sentence to a county impact incarceration program

25 under Section 5-8-1.2 of this Code; and

26 (8) information concerning the defendant's eligibility

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1 for a sentence to an impact incarceration program

2 administered by the Department under Section 5-8-1.1.

3 (b) The investigation shall include a physical and mental

4 examination of the defendant when so ordered by the court. If

5 the court determines that such an examination should be made,

6 it shall issue an order that the defendant submit to

7 examination at such time and place as designated by the court

8 and that such examination be conducted by a physician,

9 psychologist or psychiatrist designated by the court. Such an

10 examination may be conducted in a court clinic if so ordered by

11 the court. The cost of such examination shall be paid by the

12 county in which the trial is held.

13 (b-5) In cases involving felony sex offenses in which the

14 offender is being considered for probation only or any felony

15 offense that is sexually motivated as defined in the Sex

16 Offender Management Board Act in which the offender is being

17 considered for probation only, the investigation shall include

18 a sex offender evaluation by an evaluator approved by the

19 Board and conducted in conformance with the standards

20 developed under the Sex Offender Management Board Act. In

21 cases in which the offender is being considered for any

22 mandatory prison sentence, the investigation shall not include

23 a sex offender evaluation.

24 (c) In misdemeanor, business offense or petty offense

25 cases, except as specified in subsection (d) of this Section,

26 when a presentence report has been ordered by the court, such

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1 presentence report shall contain information on the

2 defendant's history of delinquency or criminality and shall

3 further contain only those matters listed in any of paragraphs

4 (1) through (6) of subsection (a) or in subsection (b) of this

5 Section as are specified by the court in its order for the

6 report.

7 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or

8 12-30 of the Criminal Code of 1961 or the Criminal Code of

9 2012, the presentence report shall set forth information about

10 alcohol, drug abuse, psychiatric, and marriage counseling or

11 other treatment programs and facilities, information on the

12 defendant's history of delinquency or criminality, and shall

13 contain those additional matters listed in any of paragraphs

14 (1) through (6) of subsection (a) or in subsection (b) of this

15 Section as are specified by the court.

16 (e) Nothing in this Section shall cause the defendant to

17 be held without bail or to have his bail revoked for the

18 purpose of preparing the presentence report or making an

19 examination.

20 (Source: P.A. 101-105, eff. 1-1-20; 102-558, eff. 8-20-21.)

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

22 Sec. 5-3-2. Presentence report.

23 (a) In felony cases, the presentence report shall set

24 forth:

25 (1) the defendant's history of delinquency or

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1 criminality, physical and mental history and condition,

2 family situation and background, economic status,

3 education, occupation and personal habits;

4 (2) information about special resources within the

5 community which might be available to assist the

6 defendant's rehabilitation, including treatment centers,

7 residential facilities, vocational training services,

8 correctional manpower programs, employment opportunities,

9 special educational programs, alcohol and drug abuse

10 programming, psychiatric and marriage counseling, and

11 other programs and facilities which could aid the

12 defendant's successful reintegration into society;

13 (3) the effect the offense committed has had upon the

14 victim or victims thereof, and any compensatory benefit

15 that various sentencing alternatives would confer on such

16 victim or victims;

17 (3.5) information provided by the victim's spouse,

18 guardian, parent, grandparent, and other immediate family

19 and household members about the effect the offense

20 committed has had on the victim and on the person

21 providing the information; if the victim's spouse,

22 guardian, parent, grandparent, or other immediate family

23 or household member has provided a written statement, the

24 statement shall be attached to the report;

25 (4) information concerning the defendant's status

26 since arrest, including his record if released on his own

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1 recognizance, or the defendant's achievement record if

2 released on a conditional pre-trial supervision program;

3 (5) when appropriate, a plan, based upon the personal,

4 economic and social adjustment needs of the defendant,

5 utilizing public and private community resources as an

6 alternative to institutional sentencing;

7 (6) any other matters that the investigatory officer

8 deems relevant or the court directs to be included;

9 (7) information concerning the defendant's eligibility

10 for a sentence to a county impact incarceration program

11 under Section 5-8-1.2 of this Code; and

12 (8) information concerning the defendant's eligibility

13 for a sentence to an impact incarceration program

14 administered by the Department under Section 5-8-1.1.

15 (b) The investigation shall include a physical and mental

16 examination of the defendant when so ordered by the court. If

17 the court determines that such an examination should be made,

18 it shall issue an order that the defendant submit to

19 examination at such time and place as designated by the court

20 and that such examination be conducted by a physician,

21 psychologist or psychiatrist designated by the court. Such an

22 examination may be conducted in a court clinic if so ordered by

23 the court. The cost of such examination shall be paid by the

24 county in which the trial is held.

25 (b-5) In cases involving felony sex offenses in which the

26 offender is being considered for probation only or any felony

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1 offense that is sexually motivated as defined in the Sex

2 Offender Management Board Act in which the offender is being

3 considered for probation only, the investigation shall include

4 a sex offender evaluation by an evaluator approved by the

5 Board and conducted in conformance with the standards

6 developed under the Sex Offender Management Board Act. In

7 cases in which the offender is being considered for any

8 mandatory prison sentence, the investigation shall not include

9 a sex offender evaluation.

10 (c) In misdemeanor, business offense or petty offense

11 cases, except as specified in subsection (d) of this Section,

12 when a presentence report has been ordered by the court, such

13 presentence report shall contain information on the

14 defendant's history of delinquency or criminality and shall

15 further contain only those matters listed in any of paragraphs

16 (1) through (6) of subsection (a) or in subsection (b) of this

17 Section as are specified by the court in its order for the

18 report.

19 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or

20 12-30 of the Criminal Code of 1961 or the Criminal Code of

21 2012, the presentence report shall set forth information about

22 alcohol, drug abuse, psychiatric, and marriage counseling or

23 other treatment programs and facilities, information on the

24 defendant's history of delinquency or criminality, and shall

25 contain those additional matters listed in any of paragraphs

26 (1) through (6) of subsection (a) or in subsection (b) of this

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1 Section as are specified by the court.

2 (e) Nothing in this Section shall cause the defendant to

3 be held without~~pretrial release~~ bail or to have his ~~pretrial~~

4 ~~release~~ bailrevoked for the purpose of preparing the

5 presentence report or making an examination.

6 (Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23;

7 102-558, eff. 8-20-21.)

8 (730 ILCS 5/5-5-3.2)

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

10 Sec. 5-5-3.2. Factors in aggravation and extended-term

11 sentencing.

12 (a) The following factors shall be accorded weight in

13 favor of imposing a term of imprisonment or may be considered

14 by the court as reasons to impose a more severe sentence under

15 Section 5-8-1 or Article 4.5 of Chapter V:

16 (1) the defendant's conduct caused or threatened

17 serious harm;

18 (2) the defendant received compensation for committing

19 the offense;

20 (3) the defendant has a history of prior delinquency

21 or criminal activity;

22 (4) the defendant, by the duties of his office or by

23 his position, was obliged to prevent the particular

24 offense committed or to bring the offenders committing it

25 to justice;

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1 (5) the defendant held public office at the time of

2 the offense, and the offense related to the conduct of

3 that office;

4 (6) the defendant utilized his professional reputation

5 or position in the community to commit the offense, or to

6 afford him an easier means of committing it;

7 (7) the sentence is necessary to deter others from

8 committing the same crime;

9 (8) the defendant committed the offense against a

10 person 60 years of age or older or such person's property;

11 (9) the defendant committed the offense against a

12 person who has a physical disability or such person's

13 property;

14 (10) by reason of another individual's actual or

15 perceived race, color, creed, religion, ancestry, gender,

16 sexual orientation, physical or mental disability, or

17 national origin, the defendant committed the offense

18 against (i) the person or property of that individual;

19 (ii) the person or property of a person who has an

20 association with, is married to, or has a friendship with

21 the other individual; or (iii) the person or property of a

22 relative (by blood or marriage) of a person described in

23 clause (i) or (ii). For the purposes of this Section,

24 "sexual orientation" has the meaning ascribed to it in

25 paragraph (O-1) of Section 1-103 of the Illinois Human

26 Rights Act;

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1 (11) the offense took place in a place of worship or on

2 the grounds of a place of worship, immediately prior to,

3 during or immediately following worship services. For

4 purposes of this subparagraph, "place of worship" shall

5 mean any church, synagogue or other building, structure or

6 place used primarily for religious worship;

7 (12) the defendant was convicted of a felony committed

8 while he was released on bail or his own recognizance

9 pending trial for a prior felony and was convicted of such

10 prior felony, or the defendant was convicted of a felony

11 committed while he was serving a period of probation,

12 conditional discharge, or mandatory supervised release

13 under subsection (d) of Section 5-8-1 for a prior felony;

14 (13) the defendant committed or attempted to commit a

15 felony while he was wearing a bulletproof vest. For the

16 purposes of this paragraph (13), a bulletproof vest is any

17 device which is designed for the purpose of protecting the

18 wearer from bullets, shot or other lethal projectiles;

19 (14) the defendant held a position of trust or

20 supervision such as, but not limited to, family member as

21 defined in Section 11-0.1 of the Criminal Code of 2012,

22 teacher, scout leader, baby sitter, or day care worker, in

23 relation to a victim under 18 years of age, and the

24 defendant committed an offense in violation of Section

25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

26 11-14.4 except for an offense that involves keeping a

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1 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

2 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

3 or 12-16 of the Criminal Code of 1961 or the Criminal Code

4 of 2012 against that victim;

5 (15) the defendant committed an offense related to the

6 activities of an organized gang. For the purposes of this

7 factor, "organized gang" has the meaning ascribed to it in

8 Section 10 of the Streetgang Terrorism Omnibus Prevention

9 Act;

10 (16) the defendant committed an offense in violation

11 of one of the following Sections while in a school,

12 regardless of the time of day or time of year; on any

13 conveyance owned, leased, or contracted by a school to

14 transport students to or from school or a school related

15 activity; on the real property of a school; or on a public

16 way within 1,000 feet of the real property comprising any

17 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

18 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

19 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

20 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

21 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

22 for subdivision (a)(4) or (g)(1), of the Criminal Code of

23 1961 or the Criminal Code of 2012;

24 (16.5) the defendant committed an offense in violation

25 of one of the following Sections while in a day care

26 center, regardless of the time of day or time of year; on

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1 the real property of a day care center, regardless of the

2 time of day or time of year; or on a public way within

3 1,000 feet of the real property comprising any day care

4 center, regardless of the time of day or time of year:

5 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

6 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

7 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

8 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

9 18-2, or 33A-2, or Section 12-3.05 except for subdivision

10 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

11 Criminal Code of 2012;

12 (17) the defendant committed the offense by reason of

13 any person's activity as a community policing volunteer or

14 to prevent any person from engaging in activity as a

15 community policing volunteer. For the purpose of this

16 Section, "community policing volunteer" has the meaning

17 ascribed to it in Section 2-3.5 of the Criminal Code of

18 2012;

19 (18) the defendant committed the offense in a nursing

20 home or on the real property comprising a nursing home.

21 For the purposes of this paragraph (18), "nursing home"

22 means a skilled nursing or intermediate long term care

23 facility that is subject to license by the Illinois

24 Department of Public Health under the Nursing Home Care

25 Act, the Specialized Mental Health Rehabilitation Act of

26 2013, the ID/DD Community Care Act, or the MC/DD Act;

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1 (19) the defendant was a federally licensed firearm

2 dealer and was previously convicted of a violation of

3 subsection (a) of Section 3 of the Firearm Owners

4 Identification Card Act and has now committed either a

5 felony violation of the Firearm Owners Identification Card

6 Act or an act of armed violence while armed with a firearm;

7 (20) the defendant (i) committed the offense of

8 reckless homicide under Section 9-3 of the Criminal Code

9 of 1961 or the Criminal Code of 2012 or the offense of

10 driving under the influence of alcohol, other drug or

11 drugs, intoxicating compound or compounds or any

12 combination thereof under Section 11-501 of the Illinois

13 Vehicle Code or a similar provision of a local ordinance

14 and (ii) was operating a motor vehicle in excess of 20

15 miles per hour over the posted speed limit as provided in

16 Article VI of Chapter 11 of the Illinois Vehicle Code;

17 (21) the defendant (i) committed the offense of

18 reckless driving or aggravated reckless driving under

19 Section 11-503 of the Illinois Vehicle Code and (ii) was

20 operating a motor vehicle in excess of 20 miles per hour

21 over the posted speed limit as provided in Article VI of

22 Chapter 11 of the Illinois Vehicle Code;

23 (22) the defendant committed the offense against a

24 person that the defendant knew, or reasonably should have

25 known, was a member of the Armed Forces of the United

26 States serving on active duty. For purposes of this clause

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1 (22), the term "Armed Forces" means any of the Armed

2 Forces of the United States, including a member of any

3 reserve component thereof or National Guard unit called to

4 active duty;

5 (23) the defendant committed the offense against a

6 person who was elderly or infirm or who was a person with a

7 disability by taking advantage of a family or fiduciary

8 relationship with the elderly or infirm person or person

9 with a disability;

10 (24) the defendant committed any offense under Section

11 11-20.1 of the Criminal Code of 1961 or the Criminal Code

12 of 2012 and possessed 100 or more images;

13 (25) the defendant committed the offense while the

14 defendant or the victim was in a train, bus, or other

15 vehicle used for public transportation;

16 (26) the defendant committed the offense of child

17 pornography or aggravated child pornography, specifically

18 including paragraph (1), (2), (3), (4), (5), or (7) of

19 subsection (a) of Section 11-20.1 of the Criminal Code of

20 1961 or the Criminal Code of 2012 where a child engaged in,

21 solicited for, depicted in, or posed in any act of sexual

22 penetration or bound, fettered, or subject to sadistic,

23 masochistic, or sadomasochistic abuse in a sexual context

24 and specifically including paragraph (1), (2), (3), (4),

25 (5), or (7) of subsection (a) of Section 11-20.1B or

26 Section 11-20.3 of the Criminal Code of 1961 where a child

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1 engaged in, solicited for, depicted in, or posed in any

2 act of sexual penetration or bound, fettered, or subject

3 to sadistic, masochistic, or sadomasochistic abuse in a

4 sexual context;

5 (27) the defendant committed the offense of first

6 degree murder, assault, aggravated assault, battery,

7 aggravated battery, robbery, armed robbery, or aggravated

8 robbery against a person who was a veteran and the

9 defendant knew, or reasonably should have known, that the

10 person was a veteran performing duties as a representative

11 of a veterans' organization. For the purposes of this

12 paragraph (27), "veteran" means an Illinois resident who

13 has served as a member of the United States Armed Forces, a

14 member of the Illinois National Guard, or a member of the

15 United States Reserve Forces; and "veterans' organization"

16 means an organization comprised of members of which

17 substantially all are individuals who are veterans or

18 spouses, widows, or widowers of veterans, the primary

19 purpose of which is to promote the welfare of its members

20 and to provide assistance to the general public in such a

21 way as to confer a public benefit;

22 (28) the defendant committed the offense of assault,

23 aggravated assault, battery, aggravated battery, robbery,

24 armed robbery, or aggravated robbery against a person that

25 the defendant knew or reasonably should have known was a

26 letter carrier or postal worker while that person was

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1 performing his or her duties delivering mail for the

2 United States Postal Service;

3 (29) the defendant committed the offense of criminal

4 sexual assault, aggravated criminal sexual assault,

5 criminal sexual abuse, or aggravated criminal sexual abuse

6 against a victim with an intellectual disability, and the

7 defendant holds a position of trust, authority, or

8 supervision in relation to the victim;

9 (30) the defendant committed the offense of promoting

10 juvenile prostitution, patronizing a prostitute, or

11 patronizing a minor engaged in prostitution and at the

12 time of the commission of the offense knew that the

13 prostitute or minor engaged in prostitution was in the

14 custody or guardianship of the Department of Children and

15 Family Services;

16 (31) the defendant (i) committed the offense of

17 driving while under the influence of alcohol, other drug

18 or drugs, intoxicating compound or compounds or any

19 combination thereof in violation of Section 11-501 of the

20 Illinois Vehicle Code or a similar provision of a local

21 ordinance and (ii) the defendant during the commission of

22 the offense was driving his or her vehicle upon a roadway

23 designated for one-way traffic in the opposite direction

24 of the direction indicated by official traffic control

25 devices;

26 (32) the defendant committed the offense of reckless

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1 homicide while committing a violation of Section 11-907 of

2 the Illinois Vehicle Code;

3 (33) the defendant was found guilty of an

4 administrative infraction related to an act or acts of

5 public indecency or sexual misconduct in the penal

6 institution. In this paragraph (33), "penal institution"

7 has the same meaning as in Section 2-14 of the Criminal

8 Code of 2012; or

9 (34) the defendant committed the offense of leaving

10 the scene of an accident in violation of subsection (b) of

11 Section 11-401 of the Illinois Vehicle Code and the

12 accident resulted in the death of a person and at the time

13 of the offense, the defendant was: (i) driving under the

14 influence of alcohol, other drug or drugs, intoxicating

15 compound or compounds or any combination thereof as

16 defined by Section 11-501 of the Illinois Vehicle Code; or

17 (ii) operating the motor vehicle while using an electronic

18 communication device as defined in Section 12-610.2 of the

19 Illinois Vehicle Code.

20 For the purposes of this Section:

21 "School" is defined as a public or private elementary or

22 secondary school, community college, college, or university.

23 "Day care center" means a public or private State

24 certified and licensed day care center as defined in Section

25 2.09 of the Child Care Act of 1969 that displays a sign in

26 plain view stating that the property is a day care center.

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1 "Intellectual disability" means significantly subaverage

2 intellectual functioning which exists concurrently with

3 impairment in adaptive behavior.

4 "Public transportation" means the transportation or

5 conveyance of persons by means available to the general

6 public, and includes paratransit services.

7 "Traffic control devices" means all signs, signals,

8 markings, and devices that conform to the Illinois Manual on

9 Uniform Traffic Control Devices, placed or erected by

10 authority of a public body or official having jurisdiction,

11 for the purpose of regulating, warning, or guiding traffic.

12 (b) The following factors, related to all felonies, may be

13 considered by the court as reasons to impose an extended term

14 sentence under Section 5-8-2 upon any offender:

15 (1) When a defendant is convicted of any felony, after

16 having been previously convicted in Illinois or any other

17 jurisdiction of the same or similar class felony or

18 greater class felony, when such conviction has occurred

19 within 10 years after the previous conviction, excluding

20 time spent in custody, and such charges are separately

21 brought and tried and arise out of different series of

22 acts; or

23 (2) When a defendant is convicted of any felony and

24 the court finds that the offense was accompanied by

25 exceptionally brutal or heinous behavior indicative of

26 wanton cruelty; or

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1 (3) When a defendant is convicted of any felony

2 committed against:

3 (i) a person under 12 years of age at the time of

4 the offense or such person's property;

5 (ii) a person 60 years of age or older at the time

6 of the offense or such person's property; or

7 (iii) a person who had a physical disability at

8 the time of the offense or such person's property; or

9 (4) When a defendant is convicted of any felony and

10 the offense involved any of the following types of

11 specific misconduct committed as part of a ceremony, rite,

12 initiation, observance, performance, practice or activity

13 of any actual or ostensible religious, fraternal, or

14 social group:

15 (i) the brutalizing or torturing of humans or

16 animals;

17 (ii) the theft of human corpses;

18 (iii) the kidnapping of humans;

19 (iv) the desecration of any cemetery, religious,

20 fraternal, business, governmental, educational, or

21 other building or property; or

22 (v) ritualized abuse of a child; or

23 (5) When a defendant is convicted of a felony other

24 than conspiracy and the court finds that the felony was

25 committed under an agreement with 2 or more other persons

26 to commit that offense and the defendant, with respect to

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1 the other individuals, occupied a position of organizer,

2 supervisor, financier, or any other position of management

3 or leadership, and the court further finds that the felony

4 committed was related to or in furtherance of the criminal

5 activities of an organized gang or was motivated by the

6 defendant's leadership in an organized gang; or

7 (6) When a defendant is convicted of an offense

8 committed while using a firearm with a laser sight

9 attached to it. For purposes of this paragraph, "laser

10 sight" has the meaning ascribed to it in Section 26-7 of

11 the Criminal Code of 2012; or

12 (7) When a defendant who was at least 17 years of age

13 at the time of the commission of the offense is convicted

14 of a felony and has been previously adjudicated a

15 delinquent minor under the Juvenile Court Act of 1987 for

16 an act that if committed by an adult would be a Class X or

17 Class 1 felony when the conviction has occurred within 10

18 years after the previous adjudication, excluding time

19 spent in custody; or

20 (8) When a defendant commits any felony and the

21 defendant used, possessed, exercised control over, or

22 otherwise directed an animal to assault a law enforcement

23 officer engaged in the execution of his or her official

24 duties or in furtherance of the criminal activities of an

25 organized gang in which the defendant is engaged; or

26 (9) When a defendant commits any felony and the

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1 defendant knowingly video or audio records the offense

2 with the intent to disseminate the recording.

3 (c) The following factors may be considered by the court

4 as reasons to impose an extended term sentence under Section

5 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

6 offenses:

7 (1) When a defendant is convicted of first degree

8 murder, after having been previously convicted in Illinois

9 of any offense listed under paragraph (c)(2) of Section

10 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

11 occurred within 10 years after the previous conviction,

12 excluding time spent in custody, and the charges are

13 separately brought and tried and arise out of different

14 series of acts.

15 (1.5) When a defendant is convicted of first degree

16 murder, after having been previously convicted of domestic

17 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

18 (720 ILCS 5/12-3.3) committed on the same victim or after

19 having been previously convicted of violation of an order

20 of protection (720 ILCS 5/12-30) in which the same victim

21 was the protected person.

22 (2) When a defendant is convicted of voluntary

23 manslaughter, second degree murder, involuntary

24 manslaughter, or reckless homicide in which the defendant

25 has been convicted of causing the death of more than one

26 individual.

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1 (3) When a defendant is convicted of aggravated

2 criminal sexual assault or criminal sexual assault, when

3 there is a finding that aggravated criminal sexual assault

4 or criminal sexual assault was also committed on the same

5 victim by one or more other individuals, and the defendant

6 voluntarily participated in the crime with the knowledge

7 of the participation of the others in the crime, and the

8 commission of the crime was part of a single course of

9 conduct during which there was no substantial change in

10 the nature of the criminal objective.

11 (4) If the victim was under 18 years of age at the time

12 of the commission of the offense, when a defendant is

13 convicted of aggravated criminal sexual assault or

14 predatory criminal sexual assault of a child under

15 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

16 of Section 12-14.1 of the Criminal Code of 1961 or the

17 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

18 (5) When a defendant is convicted of a felony

19 violation of Section 24-1 of the Criminal Code of 1961 or

20 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

21 finding that the defendant is a member of an organized

22 gang.

23 (6) When a defendant was convicted of unlawful use of

24 weapons under Section 24-1 of the Criminal Code of 1961 or

25 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

26 a weapon that is not readily distinguishable as one of the

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1 weapons enumerated in Section 24-1 of the Criminal Code of

2 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

3 (7) When a defendant is convicted of an offense

4 involving the illegal manufacture of a controlled

5 substance under Section 401 of the Illinois Controlled

6 Substances Act (720 ILCS 570/401), the illegal manufacture

7 of methamphetamine under Section 25 of the Methamphetamine

8 Control and Community Protection Act (720 ILCS 646/25), or

9 the illegal possession of explosives and an emergency

10 response officer in the performance of his or her duties

11 is killed or injured at the scene of the offense while

12 responding to the emergency caused by the commission of

13 the offense. In this paragraph, "emergency" means a

14 situation in which a person's life, health, or safety is

15 in jeopardy; and "emergency response officer" means a

16 peace officer, community policing volunteer, fireman,

17 emergency medical technician-ambulance, emergency medical

18 technician-intermediate, emergency medical

19 technician-paramedic, ambulance driver, other medical

20 assistance or first aid personnel, or hospital emergency

21 room personnel.

22 (8) When the defendant is convicted of attempted mob

23 action, solicitation to commit mob action, or conspiracy

24 to commit mob action under Section 8-1, 8-2, or 8-4 of the

25 Criminal Code of 2012, where the criminal object is a

26 violation of Section 25-1 of the Criminal Code of 2012,

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1 and an electronic communication is used in the commission

2 of the offense. For the purposes of this paragraph (8),

3 "electronic communication" shall have the meaning provided

4 in Section 26.5-0.1 of the Criminal Code of 2012.

5 (d) For the purposes of this Section, "organized gang" has

6 the meaning ascribed to it in Section 10 of the Illinois

7 Streetgang Terrorism Omnibus Prevention Act.

8 (e) The court may impose an extended term sentence under

9 Article 4.5 of Chapter V upon an offender who has been

10 convicted of a felony violation of Section 11-1.20, 11-1.30,

11 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

12 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

13 when the victim of the offense is under 18 years of age at the

14 time of the commission of the offense and, during the

15 commission of the offense, the victim was under the influence

16 of alcohol, regardless of whether or not the alcohol was

17 supplied by the offender; and the offender, at the time of the

18 commission of the offense, knew or should have known that the

19 victim had consumed alcohol.

20 (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;

21 101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)

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

23 Sec. 5-5-3.2. Factors in aggravation and extended-term

24 sentencing.

25 (a) The following factors shall be accorded weight in

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1 favor of imposing a term of imprisonment or may be considered

2 by the court as reasons to impose a more severe sentence under

3 Section 5-8-1 or Article 4.5 of Chapter V:

4 (1) the defendant's conduct caused or threatened

5 serious harm;

6 (2) the defendant received compensation for committing

7 the offense;

8 (3) the defendant has a history of prior delinquency

9 or criminal activity;

10 (4) the defendant, by the duties of his office or by

11 his position, was obliged to prevent the particular

12 offense committed or to bring the offenders committing it

13 to justice;

14 (5) the defendant held public office at the time of

15 the offense, and the offense related to the conduct of

16 that office;

17 (6) the defendant utilized his professional reputation

18 or position in the community to commit the offense, or to

19 afford him an easier means of committing it;

20 (7) the sentence is necessary to deter others from

21 committing the same crime;

22 (8) the defendant committed the offense against a

23 person 60 years of age or older or such person's property;

24 (9) the defendant committed the offense against a

25 person who has a physical disability or such person's

26 property;

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1 (10) by reason of another individual's actual or

2 perceived race, color, creed, religion, ancestry, gender,

3 sexual orientation, physical or mental disability, or

4 national origin, the defendant committed the offense

5 against (i) the person or property of that individual;

6 (ii) the person or property of a person who has an

7 association with, is married to, or has a friendship with

8 the other individual; or (iii) the person or property of a

9 relative (by blood or marriage) of a person described in

10 clause (i) or (ii). For the purposes of this Section,

11 "sexual orientation" has the meaning ascribed to it in

12 paragraph (O-1) of Section 1-103 of the Illinois Human

13 Rights Act;

14 (11) the offense took place in a place of worship or on

15 the grounds of a place of worship, immediately prior to,

16 during or immediately following worship services. For

17 purposes of this subparagraph, "place of worship" shall

18 mean any church, synagogue or other building, structure or

19 place used primarily for religious worship;

20 (12) the defendant was convicted of a felony committed

21 while he was~~on pretrial release~~ released on bail or his

22 own recognizance pending trial for a prior felony and was

23 convicted of such prior felony, or the defendant was

24 convicted of a felony committed while he was serving a

25 period of probation, conditional discharge, or mandatory

26 supervised release under subsection (d) of Section 5-8-1

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1 for a prior felony;

2 (13) the defendant committed or attempted to commit a

3 felony while he was wearing a bulletproof vest. For the

4 purposes of this paragraph (13), a bulletproof vest is any

5 device which is designed for the purpose of protecting the

6 wearer from bullets, shot or other lethal projectiles;

7 (14) the defendant held a position of trust or

8 supervision such as, but not limited to, family member as

9 defined in Section 11-0.1 of the Criminal Code of 2012,

10 teacher, scout leader, baby sitter, or day care worker, in

11 relation to a victim under 18 years of age, and the

12 defendant committed an offense in violation of Section

13 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

14 11-14.4 except for an offense that involves keeping a

15 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

16 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

17 or 12-16 of the Criminal Code of 1961 or the Criminal Code

18 of 2012 against that victim;

19 (15) the defendant committed an offense related to the

20 activities of an organized gang. For the purposes of this

21 factor, "organized gang" has the meaning ascribed to it in

22 Section 10 of the Streetgang Terrorism Omnibus Prevention

23 Act;

24 (16) the defendant committed an offense in violation

25 of one of the following Sections while in a school,

26 regardless of the time of day or time of year; on any

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1 conveyance owned, leased, or contracted by a school to

2 transport students to or from school or a school related

3 activity; on the real property of a school; or on a public

4 way within 1,000 feet of the real property comprising any

5 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

6 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

7 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

8 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

9 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

10 for subdivision (a)(4) or (g)(1), of the Criminal Code of

11 1961 or the Criminal Code of 2012;

12 (16.5) the defendant committed an offense in violation

13 of one of the following Sections while in a day care

14 center, regardless of the time of day or time of year; on

15 the real property of a day care center, regardless of the

16 time of day or time of year; or on a public way within

17 1,000 feet of the real property comprising any day care

18 center, regardless of the time of day or time of year:

19 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

20 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

21 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

22 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

23 18-2, or 33A-2, or Section 12-3.05 except for subdivision

24 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

25 Criminal Code of 2012;

26 (17) the defendant committed the offense by reason of

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1 any person's activity as a community policing volunteer or

2 to prevent any person from engaging in activity as a

3 community policing volunteer. For the purpose of this

4 Section, "community policing volunteer" has the meaning

5 ascribed to it in Section 2-3.5 of the Criminal Code of

6 2012;

7 (18) the defendant committed the offense in a nursing

8 home or on the real property comprising a nursing home.

9 For the purposes of this paragraph (18), "nursing home"

10 means a skilled nursing or intermediate long term care

11 facility that is subject to license by the Illinois

12 Department of Public Health under the Nursing Home Care

13 Act, the Specialized Mental Health Rehabilitation Act of

14 2013, the ID/DD Community Care Act, or the MC/DD Act;

15 (19) the defendant was a federally licensed firearm

16 dealer and was previously convicted of a violation of

17 subsection (a) of Section 3 of the Firearm Owners

18 Identification Card Act and has now committed either a

19 felony violation of the Firearm Owners Identification Card

20 Act or an act of armed violence while armed with a firearm;

21 (20) the defendant (i) committed the offense of

22 reckless homicide under Section 9-3 of the Criminal Code

23 of 1961 or the Criminal Code of 2012 or the offense of

24 driving under the influence of alcohol, other drug or

25 drugs, intoxicating compound or compounds or any

26 combination thereof under Section 11-501 of the Illinois

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1 Vehicle Code or a similar provision of a local ordinance

2 and (ii) was operating a motor vehicle in excess of 20

3 miles per hour over the posted speed limit as provided in

4 Article VI of Chapter 11 of the Illinois Vehicle Code;

5 (21) the defendant (i) committed the offense of

6 reckless driving or aggravated reckless driving under

7 Section 11-503 of the Illinois Vehicle Code and (ii) was

8 operating a motor vehicle in excess of 20 miles per hour

9 over the posted speed limit as provided in Article VI of

10 Chapter 11 of the Illinois Vehicle Code;

11 (22) the defendant committed the offense against a

12 person that the defendant knew, or reasonably should have

13 known, was a member of the Armed Forces of the United

14 States serving on active duty. For purposes of this clause

15 (22), the term "Armed Forces" means any of the Armed

16 Forces of the United States, including a member of any

17 reserve component thereof or National Guard unit called to

18 active duty;

19 (23) the defendant committed the offense against a

20 person who was elderly or infirm or who was a person with a

21 disability by taking advantage of a family or fiduciary

22 relationship with the elderly or infirm person or person

23 with a disability;

24 (24) the defendant committed any offense under Section

25 11-20.1 of the Criminal Code of 1961 or the Criminal Code

26 of 2012 and possessed 100 or more images;

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1 (25) the defendant committed the offense while the

2 defendant or the victim was in a train, bus, or other

3 vehicle used for public transportation;

4 (26) the defendant committed the offense of child

5 pornography or aggravated child pornography, specifically

6 including paragraph (1), (2), (3), (4), (5), or (7) of

7 subsection (a) of Section 11-20.1 of the Criminal Code of

8 1961 or the Criminal Code of 2012 where a child engaged in,

9 solicited for, depicted in, or posed in any act of sexual

10 penetration or bound, fettered, or subject to sadistic,

11 masochistic, or sadomasochistic abuse in a sexual context

12 and specifically including paragraph (1), (2), (3), (4),

13 (5), or (7) of subsection (a) of Section 11-20.1B or

14 Section 11-20.3 of the Criminal Code of 1961 where a child

15 engaged in, solicited for, depicted in, or posed in any

16 act of sexual penetration or bound, fettered, or subject

17 to sadistic, masochistic, or sadomasochistic abuse in a

18 sexual context;

19 (27) the defendant committed the offense of first

20 degree murder, assault, aggravated assault, battery,

21 aggravated battery, robbery, armed robbery, or aggravated

22 robbery against a person who was a veteran and the

23 defendant knew, or reasonably should have known, that the

24 person was a veteran performing duties as a representative

25 of a veterans' organization. For the purposes of this

26 paragraph (27), "veteran" means an Illinois resident who

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1 has served as a member of the United States Armed Forces, a

2 member of the Illinois National Guard, or a member of the

3 United States Reserve Forces; and "veterans' organization"

4 means an organization comprised of members of which

5 substantially all are individuals who are veterans or

6 spouses, widows, or widowers of veterans, the primary

7 purpose of which is to promote the welfare of its members

8 and to provide assistance to the general public in such a

9 way as to confer a public benefit;

10 (28) the defendant committed the offense of assault,

11 aggravated assault, battery, aggravated battery, robbery,

12 armed robbery, or aggravated robbery against a person that

13 the defendant knew or reasonably should have known was a

14 letter carrier or postal worker while that person was

15 performing his or her duties delivering mail for the

16 United States Postal Service;

17 (29) the defendant committed the offense of criminal

18 sexual assault, aggravated criminal sexual assault,

19 criminal sexual abuse, or aggravated criminal sexual abuse

20 against a victim with an intellectual disability, and the

21 defendant holds a position of trust, authority, or

22 supervision in relation to the victim;

23 (30) the defendant committed the offense of promoting

24 juvenile prostitution, patronizing a prostitute, or

25 patronizing a minor engaged in prostitution and at the

26 time of the commission of the offense knew that the

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1 prostitute or minor engaged in prostitution was in the

2 custody or guardianship of the Department of Children and

3 Family Services;

4 (31) the defendant (i) committed the offense of

5 driving while under the influence of alcohol, other drug

6 or drugs, intoxicating compound or compounds or any

7 combination thereof in violation of Section 11-501 of the

8 Illinois Vehicle Code or a similar provision of a local

9 ordinance and (ii) the defendant during the commission of

10 the offense was driving his or her vehicle upon a roadway

11 designated for one-way traffic in the opposite direction

12 of the direction indicated by official traffic control

13 devices;

14 (32) the defendant committed the offense of reckless

15 homicide while committing a violation of Section 11-907 of

16 the Illinois Vehicle Code;

17 (33) the defendant was found guilty of an

18 administrative infraction related to an act or acts of

19 public indecency or sexual misconduct in the penal

20 institution. In this paragraph (33), "penal institution"

21 has the same meaning as in Section 2-14 of the Criminal

22 Code of 2012; or

23 (34) the defendant committed the offense of leaving

24 the scene of an accident in violation of subsection (b) of

25 Section 11-401 of the Illinois Vehicle Code and the

26 accident resulted in the death of a person and at the time

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1 of the offense, the defendant was: (i) driving under the

2 influence of alcohol, other drug or drugs, intoxicating

3 compound or compounds or any combination thereof as

4 defined by Section 11-501 of the Illinois Vehicle Code; or

5 (ii) operating the motor vehicle while using an electronic

6 communication device as defined in Section 12-610.2 of the

7 Illinois Vehicle Code.

8 For the purposes of this Section:

9 "School" is defined as a public or private elementary or

10 secondary school, community college, college, or university.

11 "Day care center" means a public or private State

12 certified and licensed day care center as defined in Section

13 2.09 of the Child Care Act of 1969 that displays a sign in

14 plain view stating that the property is a day care center.

15 "Intellectual disability" means significantly subaverage

16 intellectual functioning which exists concurrently with

17 impairment in adaptive behavior.

18 "Public transportation" means the transportation or

19 conveyance of persons by means available to the general

20 public, and includes paratransit services.

21 "Traffic control devices" means all signs, signals,

22 markings, and devices that conform to the Illinois Manual on

23 Uniform Traffic Control Devices, placed or erected by

24 authority of a public body or official having jurisdiction,

25 for the purpose of regulating, warning, or guiding traffic.

26 (b) The following factors, related to all felonies, may be

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1 considered by the court as reasons to impose an extended term

2 sentence under Section 5-8-2 upon any offender:

3 (1) When a defendant is convicted of any felony, after

4 having been previously convicted in Illinois or any other

5 jurisdiction of the same or similar class felony or

6 greater class felony, when such conviction has occurred

7 within 10 years after the previous conviction, excluding

8 time spent in custody, and such charges are separately

9 brought and tried and arise out of different series of

10 acts; or

11 (2) When a defendant is convicted of any felony and

12 the court finds that the offense was accompanied by

13 exceptionally brutal or heinous behavior indicative of

14 wanton cruelty; or

15 (3) When a defendant is convicted of any felony

16 committed against:

17 (i) a person under 12 years of age at the time of

18 the offense or such person's property;

19 (ii) a person 60 years of age or older at the time

20 of the offense or such person's property; or

21 (iii) a person who had a physical disability at

22 the time of the offense or such person's property; or

23 (4) When a defendant is convicted of any felony and

24 the offense involved any of the following types of

25 specific misconduct committed as part of a ceremony, rite,

26 initiation, observance, performance, practice or activity

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1 of any actual or ostensible religious, fraternal, or

2 social group:

3 (i) the brutalizing or torturing of humans or

4 animals;

5 (ii) the theft of human corpses;

6 (iii) the kidnapping of humans;

7 (iv) the desecration of any cemetery, religious,

8 fraternal, business, governmental, educational, or

9 other building or property; or

10 (v) ritualized abuse of a child; or

11 (5) When a defendant is convicted of a felony other

12 than conspiracy and the court finds that the felony was

13 committed under an agreement with 2 or more other persons

14 to commit that offense and the defendant, with respect to

15 the other individuals, occupied a position of organizer,

16 supervisor, financier, or any other position of management

17 or leadership, and the court further finds that the felony

18 committed was related to or in furtherance of the criminal

19 activities of an organized gang or was motivated by the

20 defendant's leadership in an organized gang; or

21 (6) When a defendant is convicted of an offense

22 committed while using a firearm with a laser sight

23 attached to it. For purposes of this paragraph, "laser

24 sight" has the meaning ascribed to it in Section 26-7 of

25 the Criminal Code of 2012; or

26 (7) When a defendant who was at least 17 years of age

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1 at the time of the commission of the offense is convicted

2 of a felony and has been previously adjudicated a

3 delinquent minor under the Juvenile Court Act of 1987 for

4 an act that if committed by an adult would be a Class X or

5 Class 1 felony when the conviction has occurred within 10

6 years after the previous adjudication, excluding time

7 spent in custody; or

8 (8) When a defendant commits any felony and the

9 defendant used, possessed, exercised control over, or

10 otherwise directed an animal to assault a law enforcement

11 officer engaged in the execution of his or her official

12 duties or in furtherance of the criminal activities of an

13 organized gang in which the defendant is engaged; or

14 (9) When a defendant commits any felony and the

15 defendant knowingly video or audio records the offense

16 with the intent to disseminate the recording.

17 (c) The following factors may be considered by the court

18 as reasons to impose an extended term sentence under Section

19 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

20 offenses:

21 (1) When a defendant is convicted of first degree

22 murder, after having been previously convicted in Illinois

23 of any offense listed under paragraph (c)(2) of Section

24 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

25 occurred within 10 years after the previous conviction,

26 excluding time spent in custody, and the charges are

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1 separately brought and tried and arise out of different

2 series of acts.

3 (1.5) When a defendant is convicted of first degree

4 murder, after having been previously convicted of domestic

5 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

6 (720 ILCS 5/12-3.3) committed on the same victim or after

7 having been previously convicted of violation of an order

8 of protection (720 ILCS 5/12-30) in which the same victim

9 was the protected person.

10 (2) When a defendant is convicted of voluntary

11 manslaughter, second degree murder, involuntary

12 manslaughter, or reckless homicide in which the defendant

13 has been convicted of causing the death of more than one

14 individual.

15 (3) When a defendant is convicted of aggravated

16 criminal sexual assault or criminal sexual assault, when

17 there is a finding that aggravated criminal sexual assault

18 or criminal sexual assault was also committed on the same

19 victim by one or more other individuals, and the defendant

20 voluntarily participated in the crime with the knowledge

21 of the participation of the others in the crime, and the

22 commission of the crime was part of a single course of

23 conduct during which there was no substantial change in

24 the nature of the criminal objective.

25 (4) If the victim was under 18 years of age at the time

26 of the commission of the offense, when a defendant is

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1 convicted of aggravated criminal sexual assault or

2 predatory criminal sexual assault of a child under

3 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

4 of Section 12-14.1 of the Criminal Code of 1961 or the

5 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

6 (5) When a defendant is convicted of a felony

7 violation of Section 24-1 of the Criminal Code of 1961 or

8 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

9 finding that the defendant is a member of an organized

10 gang.

11 (6) When a defendant was convicted of unlawful use of

12 weapons under Section 24-1 of the Criminal Code of 1961 or

13 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

14 a weapon that is not readily distinguishable as one of the

15 weapons enumerated in Section 24-1 of the Criminal Code of

16 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

17 (7) When a defendant is convicted of an offense

18 involving the illegal manufacture of a controlled

19 substance under Section 401 of the Illinois Controlled

20 Substances Act (720 ILCS 570/401), the illegal manufacture

21 of methamphetamine under Section 25 of the Methamphetamine

22 Control and Community Protection Act (720 ILCS 646/25), or

23 the illegal possession of explosives and an emergency

24 response officer in the performance of his or her duties

25 is killed or injured at the scene of the offense while

26 responding to the emergency caused by the commission of

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1 the offense. In this paragraph, "emergency" means a

2 situation in which a person's life, health, or safety is

3 in jeopardy; and "emergency response officer" means a

4 peace officer, community policing volunteer, fireman,

5 emergency medical technician-ambulance, emergency medical

6 technician-intermediate, emergency medical

7 technician-paramedic, ambulance driver, other medical

8 assistance or first aid personnel, or hospital emergency

9 room personnel.

10 (8) When the defendant is convicted of attempted mob

11 action, solicitation to commit mob action, or conspiracy

12 to commit mob action under Section 8-1, 8-2, or 8-4 of the

13 Criminal Code of 2012, where the criminal object is a

14 violation of Section 25-1 of the Criminal Code of 2012,

15 and an electronic communication is used in the commission

16 of the offense. For the purposes of this paragraph (8),

17 "electronic communication" shall have the meaning provided

18 in Section 26.5-0.1 of the Criminal Code of 2012.

19 (d) For the purposes of this Section, "organized gang" has

20 the meaning ascribed to it in Section 10 of the Illinois

21 Streetgang Terrorism Omnibus Prevention Act.

22 (e) The court may impose an extended term sentence under

23 Article 4.5 of Chapter V upon an offender who has been

24 convicted of a felony violation of Section 11-1.20, 11-1.30,

25 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

26 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

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1 when the victim of the offense is under 18 years of age at the

2 time of the commission of the offense and, during the

3 commission of the offense, the victim was under the influence

4 of alcohol, regardless of whether or not the alcohol was

5 supplied by the offender; and the offender, at the time of the

6 commission of the offense, knew or should have known that the

7 victim had consumed alcohol.

8 (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;

9 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff.

10 1-1-23; 102-558, eff. 8-20-21.)

11 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)

12 Sec. 5-6-4. Violation, Modification or Revocation of

13 Probation, of Conditional Discharge or Supervision or of a

14 sentence of county impact incarceration - Hearing.

15 (a) Except in cases where conditional discharge or

16 supervision was imposed for a petty offense as defined in

17 Section 5-1-17, when a petition is filed charging a violation

18 of a condition, the court may:

19 (1) in the case of probation violations, order the

20 issuance of a notice to the offender to be present by the

21 County Probation Department or such other agency

22 designated by the court to handle probation matters; and

23 in the case of conditional discharge or supervision

24 violations, such notice to the offender shall be issued by

25 the Circuit Court Clerk; and in the case of a violation of

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1 a sentence of county impact incarceration, such notice

2 shall be issued by the Sheriff;

3 (2) order a summons to the offender to be present for

4 hearing; or

5 (3) order a warrant for the offender's arrest where

6 there is danger of his fleeing the jurisdiction or causing

7 serious harm to others or when the offender fails to

8 answer a summons or notice from the clerk of the court or

9 Sheriff.

10 Personal service of the petition for violation of

11 probation or the issuance of such warrant, summons or notice

12 shall toll the period of probation, conditional discharge,

13 supervision, or sentence of county impact incarceration until

14 the final determination of the charge, and the term of

15 probation, conditional discharge, supervision, or sentence of

16 county impact incarceration shall not run until the hearing

17 and disposition of the petition for violation.

18 (b) The court shall conduct a hearing of the alleged

19 violation. The court shall admit the offender to~~pretrial~~

20 ~~release~~ bailpending the hearing unless the alleged violation

21 is itself a criminal offense in which case the offender shall

22 be admitted to ~~pretrial release~~ bail on such terms as are

23 provided in the Code of Criminal Procedure of 1963, as

24 amended. In any case where an offender remains incarcerated

25 only as a result of his alleged violation of the court's

26 earlier order of probation, supervision, conditional

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1 discharge, or county impact incarceration such hearing shall

2 be held within 14 days of the onset of said incarceration,

3 unless the alleged violation is the commission of another

4 offense by the offender during the period of probation,

5 supervision or conditional discharge in which case such

6 hearing shall be held within the time limits described in

7 Section 103-5 of the Code of Criminal Procedure of 1963, as

8 amended.

9 (c) The State has the burden of going forward with the

10 evidence and proving the violation by the preponderance of the

11 evidence. The evidence shall be presented in open court with

12 the right of confrontation, cross-examination, and

13 representation by counsel.

14 (d) Probation, conditional discharge, periodic

15 imprisonment and supervision shall not be revoked for failure

16 to comply with conditions of a sentence or supervision, which

17 imposes financial obligations upon the offender unless such

18 failure is due to his willful refusal to pay.

19 (e) If the court finds that the offender has violated a

20 condition at any time prior to the expiration or termination

21 of the period, it may continue him on the existing sentence,

22 with or without modifying or enlarging the conditions, or may

23 impose any other sentence that was available under Article 4.5

24 of Chapter V of this Code or Section 11-501 of the Illinois

25 Vehicle Code at the time of initial sentencing. If the court

26 finds that the person has failed to successfully complete his

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1 or her sentence to a county impact incarceration program, the

2 court may impose any other sentence that was available under

3 Article 4.5 of Chapter V of this Code or Section 11-501 of the

4 Illinois Vehicle Code at the time of initial sentencing,

5 except for a sentence of probation or conditional discharge.

6 If the court finds that the offender has violated paragraph

7 (8.6) of subsection (a) of Section 5-6-3, the court shall

8 revoke the probation of the offender. If the court finds that

9 the offender has violated subsection (o) of Section 5-6-3.1,

10 the court shall revoke the supervision of the offender.

11 (f) The conditions of probation, of conditional discharge,

12 of supervision, or of a sentence of county impact

13 incarceration may be modified by the court on motion of the

14 supervising agency or on its own motion or at the request of

15 the offender after notice and a hearing.

16 (g) A judgment revoking supervision, probation,

17 conditional discharge, or a sentence of county impact

18 incarceration is a final appealable order.

19 (h) Resentencing after revocation of probation,

20 conditional discharge, supervision, or a sentence of county

21 impact incarceration shall be under Article 4. The term on

22 probation, conditional discharge or supervision shall not be

23 credited by the court against a sentence of imprisonment or

24 periodic imprisonment unless the court orders otherwise. The

25 amount of credit to be applied against a sentence of

26 imprisonment or periodic imprisonment when the defendant

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1 served a term or partial term of periodic imprisonment shall

2 be calculated upon the basis of the actual days spent in

3 confinement rather than the duration of the term.

4 (i) Instead of filing a violation of probation,

5 conditional discharge, supervision, or a sentence of county

6 impact incarceration, an agent or employee of the supervising

7 agency with the concurrence of his or her supervisor may serve

8 on the defendant a Notice of Intermediate Sanctions. The

9 Notice shall contain the technical violation or violations

10 involved, the date or dates of the violation or violations,

11 and the intermediate sanctions to be imposed. Upon receipt of

12 the Notice, the defendant shall immediately accept or reject

13 the intermediate sanctions. If the sanctions are accepted,

14 they shall be imposed immediately. If the intermediate

15 sanctions are rejected or the defendant does not respond to

16 the Notice, a violation of probation, conditional discharge,

17 supervision, or a sentence of county impact incarceration

18 shall be immediately filed with the court. The State's

19 Attorney and the sentencing court shall be notified of the

20 Notice of Sanctions. Upon successful completion of the

21 intermediate sanctions, a court may not revoke probation,

22 conditional discharge, supervision, or a sentence of county

23 impact incarceration or impose additional sanctions for the

24 same violation. A notice of intermediate sanctions may not be

25 issued for any violation of probation, conditional discharge,

26 supervision, or a sentence of county impact incarceration

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1 which could warrant an additional, separate felony charge. The

2 intermediate sanctions shall include a term of home detention

3 as provided in Article 8A of Chapter V of this Code for

4 multiple or repeat violations of the terms and conditions of a

5 sentence of probation, conditional discharge, or supervision.

6 (j) When an offender is re-sentenced after revocation of

7 probation that was imposed in combination with a sentence of

8 imprisonment for the same offense, the aggregate of the

9 sentences may not exceed the maximum term authorized under

10 Article 4.5 of Chapter V.

11 (k)(1) On and after the effective date of this amendatory

12 Act of the 101st General Assembly, this subsection (k) shall

13 apply to arrest warrants in Cook County only. An arrest

14 warrant issued under paragraph (3) of subsection (a) when the

15 underlying conviction is for the offense of theft, retail

16 theft, or possession of a controlled substance shall remain

17 active for a period not to exceed 10 years from the date the

18 warrant was issued unless a motion to extend the warrant is

19 filed by the office of the State's Attorney or by, or on behalf

20 of, the agency supervising the wanted person. A motion to

21 extend the warrant shall be filed within one year before the

22 warrant expiration date and notice shall be provided to the

23 office of the sheriff.

24 (2) If a motion to extend a warrant issued under paragraph

25 (3) of subsection (a) is not filed, the warrant shall be

26 quashed and recalled as a matter of law under paragraph (1) of

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1 this subsection (k) and the wanted person's period of

2 probation, conditional discharge, or supervision shall

3 terminate unsatisfactorily as a matter of law.

4 (Source: P.A. 101-406, eff. 1-1-20; 101-652.)

5 (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)

6 Sec. 5-6-4.1. Violation, Modification or Revocation of

7 Conditional Discharge or Supervision - Hearing.)

8 (a) In cases where a defendant was placed upon supervision

9 or conditional discharge for the commission of a petty

10 offense, upon the oral or written motion of the State, or on

11 the court's own motion, which charges that a violation of a

12 condition of that conditional discharge or supervision has

13 occurred, the court may:

14 (1) Conduct a hearing instanter if the offender is

15 present in court;

16 (2) Order the issuance by the court clerk of a notice

17 to the offender to be present for a hearing for violation;

18 (3) Order summons to the offender to be present; or

19 (4) Order a warrant for the offender's arrest.

20 The oral motion, if the defendant is present, or the

21 issuance of such warrant, summons or notice shall toll the

22 period of conditional discharge or supervision until the final

23 determination of the charge, and the term of conditional

24 discharge or supervision shall not run until the hearing and

25 disposition of the petition for violation.

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1 (b) The Court shall admit the offender to ~~pretrial release~~

2 bailpending the hearing.

3 (c) The State has the burden of going forward with the

4 evidence and proving the violation by the preponderance of the

5 evidence. The evidence shall be presented in open court with

6 the right of confrontation, cross-examination, and

7 representation by counsel.

8 (d) Conditional discharge or supervision shall not be

9 revoked for failure to comply with the conditions of the

10 discharge or supervision which imposed financial obligations

11 upon the offender unless such failure is due to his wilful

12 refusal to pay.

13 (e) If the court finds that the offender has violated a

14 condition at any time prior to the expiration or termination

15 of the period, it may continue him on the existing sentence or

16 supervision with or without modifying or enlarging the

17 conditions, or may impose any other sentence that was

18 available under Article 4.5 of Chapter V of this Code or

19 Section 11-501 of the Illinois Vehicle Code at the time of

20 initial sentencing.

21 (f) The conditions of conditional discharge and of

22 supervision may be modified by the court on motion of the

23 probation officer or on its own motion or at the request of the

24 offender after notice to the defendant and a hearing.

25 (g) A judgment revoking supervision is a final appealable

26 order.

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1 (h) Resentencing after revocation of conditional discharge

2 or of supervision shall be under Article 4. Time served on

3 conditional discharge or supervision shall be credited by the

4 court against a sentence of imprisonment or periodic

5 imprisonment unless the court orders otherwise.

6 (Source: P.A. 95-1052, eff. 7-1-09; 101-652.)

7 (730 ILCS 5/5-8A-7)

8 Sec. 5-8A-7. Domestic violence surveillance program. If

9 the Prisoner Review Board, Department of Corrections,

10 Department of Juvenile Justice, or court (the supervising

11 authority) orders electronic surveillance as a condition of

12 parole, aftercare release, mandatory supervised release, early

13 release, probation, or conditional discharge for a violation

14 of an order of protection or as a condition of ~~pretrial release~~

15 bail for a person charged with a violation of an order of

16 protection, the supervising authority shall use the best

17 available global positioning technology to track domestic

18 violence offenders. Best available technology must have

19 real-time and interactive capabilities that facilitate the

20 following objectives: (1) immediate notification to the

21 supervising authority of a breach of a court ordered exclusion

22 zone; (2) notification of the breach to the offender; and (3)

23 communication between the supervising authority, law

24 enforcement, and the victim, regarding the breach. The

25 supervising authority may also require that the electronic

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1 surveillance ordered under this Section monitor the

2 consumption of alcohol or drugs.

3 (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;

4 100-201, eff. 8-18-17; 101-652.)

5 (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)

6 Sec. 8-2-1. Saving Clause.

7 The repeal of Acts or parts of Acts enumerated in Section

8 8-5-1 does not: (1) affect any offense committed, act done,

9 prosecution pending, penalty, punishment or forfeiture

10 incurred, or rights, powers or remedies accrued under any law

11 in effect immediately prior to the effective date of this

12 Code; (2) impair, avoid, or affect any grant or conveyance

13 made or right acquired or cause of action then existing under

14 any such repealed Act or amendment thereto; (3) affect or

15 impair the validity of any ~~pretrial release~~ bail or other bond

16 or other obligation issued or sold and constituting a valid

17 obligation of the issuing authority immediately prior to the

18 effective date of this Code; (4) the validity of any contract;

19 or (5) the validity of any tax levied under any law in effect

20 prior to the effective date of this Code. The repeal of any

21 validating Act or part thereof shall not avoid the effect of

22 the validation. No Act repealed by Section 8-5-1 shall repeal

23 any Act or part thereof which embraces the same or a similar

24 subject matter as the Act repealed.

25 (Source: P.A. 78-255; 101-652.)

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1 Section 260. The Unified Code of Corrections is amended by

2 changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,

3 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:

4 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

5 Sec. 3-6-3. Rules and regulations for sentence credit.

6 (a)(1) The Department of Corrections shall prescribe rules

7 and regulations for awarding and revoking sentence credit for

8 persons committed to the Department which shall be subject to

9 review by the Prisoner Review Board.

10 (1.5) As otherwise provided by law, sentence credit may be

11 awarded for the following:

12 (A) successful completion of programming while in

13 custody of the Department or while in custody prior to

14 sentencing;

15 (B) compliance with the rules and regulations of the

16 Department; or

17 (C) service to the institution, service to a

18 community, or service to the State.

19 (2) Except as provided in paragraph (4.7) of this

20 subsection (a), the rules and regulations on sentence credit

21 shall provide, with respect to offenses listed in clause (i),

22 (ii), or (iii) of this paragraph (2) committed on or after June

23 19, 1998 or with respect to the offense listed in clause (iv)

24 of this paragraph (2) committed on or after June 23, 2005 (the

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1 effective date of Public Act 94-71) or with respect to offense

2 listed in clause (vi) committed on or after June 1, 2008 (the

3 effective date of Public Act 95-625) or with respect to the

4 offense of being an armed habitual criminal committed on or

5 after August 2, 2005 (the effective date of Public Act 94-398)

6 or with respect to the offenses listed in clause (v) of this

7 paragraph (2) committed on or after August 13, 2007 (the

8 effective date of Public Act 95-134) or with respect to the

9 offense of aggravated domestic battery committed on or after

10 July 23, 2010 (the effective date of Public Act 96-1224) or

11 with respect to the offense of attempt to commit terrorism

12 committed on or after January 1, 2013 (the effective date of

13 Public Act 97-990), the following:

14 (i) that a prisoner who is serving a term of

15 imprisonment for first degree murder or for the offense of

16 terrorism shall receive no sentence credit and shall serve

17 the entire sentence imposed by the court;

18 (ii) that a prisoner serving a sentence for attempt to

19 commit terrorism, attempt to commit first degree murder,

20 solicitation of murder, solicitation of murder for hire,

21 intentional homicide of an unborn child, predatory

22 criminal sexual assault of a child, aggravated criminal

23 sexual assault, criminal sexual assault, aggravated

24 kidnapping, aggravated battery with a firearm as described

25 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

26 or (e)(4) of Section 12-3.05, heinous battery as described

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1 in Section 12-4.1 or subdivision (a)(2) of Section

2 12-3.05, being an armed habitual criminal, aggravated

3 battery of a senior citizen as described in Section 12-4.6

4 or subdivision (a)(4) of Section 12-3.05, or aggravated

5 battery of a child as described in Section 12-4.3 or

6 subdivision (b)(1) of Section 12-3.05 shall receive no

7 more than 4.5 days of sentence credit for each month of his

8 or her sentence of imprisonment;

9 (iii) that a prisoner serving a sentence for home

10 invasion, armed robbery, aggravated vehicular hijacking,

11 aggravated discharge of a firearm, or armed violence with

12 a category I weapon or category II weapon, when the court

13 has made and entered a finding, pursuant to subsection

14 (c-1) of Section 5-4-1 of this Code, that the conduct

15 leading to conviction for the enumerated offense resulted

16 in great bodily harm to a victim, shall receive no more

17 than 4.5 days of sentence credit for each month of his or

18 her sentence of imprisonment;

19 (iv) that a prisoner serving a sentence for aggravated

20 discharge of a firearm, whether or not the conduct leading

21 to conviction for the offense resulted in great bodily

22 harm to the victim, shall receive no more than 4.5 days of

23 sentence credit for each month of his or her sentence of

24 imprisonment;

25 (v) that a person serving a sentence for gunrunning,

26 narcotics racketeering, controlled substance trafficking,

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1 methamphetamine trafficking, drug-induced homicide,

2 aggravated methamphetamine-related child endangerment,

3 money laundering pursuant to clause (c) (4) or (5) of

4 Section 29B-1 of the Criminal Code of 1961 or the Criminal

5 Code of 2012, or a Class X felony conviction for delivery

6 of a controlled substance, possession of a controlled

7 substance with intent to manufacture or deliver,

8 calculated criminal drug conspiracy, criminal drug

9 conspiracy, street gang criminal drug conspiracy,

10 participation in methamphetamine manufacturing,

11 aggravated participation in methamphetamine

12 manufacturing, delivery of methamphetamine, possession

13 with intent to deliver methamphetamine, aggravated

14 delivery of methamphetamine, aggravated possession with

15 intent to deliver methamphetamine, methamphetamine

16 conspiracy when the substance containing the controlled

17 substance or methamphetamine is 100 grams or more shall

18 receive no more than 7.5 days sentence credit for each

19 month of his or her sentence of imprisonment;

20 (vi) that a prisoner serving a sentence for a second

21 or subsequent offense of luring a minor shall receive no

22 more than 4.5 days of sentence credit for each month of his

23 or her sentence of imprisonment; and

24 (vii) that a prisoner serving a sentence for

25 aggravated domestic battery shall receive no more than 4.5

26 days of sentence credit for each month of his or her

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1 sentence of imprisonment.

2 (2.1) For all offenses, other than those enumerated in

3 subdivision (a)(2)(i), (ii), or (iii) committed on or after

4 June 19, 1998 or subdivision (a)(2)(iv) committed on or after

5 June 23, 2005 (the effective date of Public Act 94-71) or

6 subdivision (a)(2)(v) committed on or after August 13, 2007

7 (the effective date of Public Act 95-134) or subdivision

8 (a)(2)(vi) committed on or after June 1, 2008 (the effective

9 date of Public Act 95-625) or subdivision (a)(2)(vii)

10 committed on or after July 23, 2010 (the effective date of

11 Public Act 96-1224), and other than the offense of aggravated

12 driving under the influence of alcohol, other drug or drugs,

13 or intoxicating compound or compounds, or any combination

14 thereof as defined in subparagraph (F) of paragraph (1) of

15 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

16 and other than the offense of aggravated driving under the

17 influence of alcohol, other drug or drugs, or intoxicating

18 compound or compounds, or any combination thereof as defined

19 in subparagraph (C) of paragraph (1) of subsection (d) of

20 Section 11-501 of the Illinois Vehicle Code committed on or

21 after January 1, 2011 (the effective date of Public Act

22 96-1230), the rules and regulations shall provide that a

23 prisoner who is serving a term of imprisonment shall receive

24 one day of sentence credit for each day of his or her sentence

25 of imprisonment or recommitment under Section 3-3-9. Each day

26 of sentence credit shall reduce by one day the prisoner's

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1 period of imprisonment or recommitment under Section 3-3-9.

2 (2.2) A prisoner serving a term of natural life

3 imprisonment or a prisoner who has been sentenced to death

4 shall receive no sentence credit.

5 (2.3) Except as provided in paragraph (4.7) of this

6 subsection (a), the rules and regulations on sentence credit

7 shall provide that a prisoner who is serving a sentence for

8 aggravated driving under the influence of alcohol, other drug

9 or drugs, or intoxicating compound or compounds, or any

10 combination thereof as defined in subparagraph (F) of

11 paragraph (1) of subsection (d) of Section 11-501 of the

12 Illinois Vehicle Code, shall receive no more than 4.5 days of

13 sentence credit for each month of his or her sentence of

14 imprisonment.

15 (2.4) Except as provided in paragraph (4.7) of this

16 subsection (a), the rules and regulations on sentence credit

17 shall provide with respect to the offenses of aggravated

18 battery with a machine gun or a firearm equipped with any

19 device or attachment designed or used for silencing the report

20 of a firearm or aggravated discharge of a machine gun or a

21 firearm equipped with any device or attachment designed or

22 used for silencing the report of a firearm, committed on or

23 after July 15, 1999 (the effective date of Public Act 91-121),

24 that a prisoner serving a sentence for any of these offenses

25 shall receive no more than 4.5 days of sentence credit for each

26 month of his or her sentence of imprisonment.

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1 (2.5) Except as provided in paragraph (4.7) of this

2 subsection (a), the rules and regulations on sentence credit

3 shall provide that a prisoner who is serving a sentence for

4 aggravated arson committed on or after July 27, 2001 (the

5 effective date of Public Act 92-176) shall receive no more

6 than 4.5 days of sentence credit for each month of his or her

7 sentence of imprisonment.

8 (2.6) Except as provided in paragraph (4.7) of this

9 subsection (a), the rules and regulations on sentence credit

10 shall provide that a prisoner who is serving a sentence for

11 aggravated driving under the influence of alcohol, other drug

12 or drugs, or intoxicating compound or compounds or any

13 combination thereof as defined in subparagraph (C) of

14 paragraph (1) of subsection (d) of Section 11-501 of the

15 Illinois Vehicle Code committed on or after January 1, 2011

16 (the effective date of Public Act 96-1230) shall receive no

17 more than 4.5 days of sentence credit for each month of his or

18 her sentence of imprisonment.

19 (3) In addition to the sentence credits earned under

20 paragraphs (2.1), (4), (4.1), ~~(4.2),~~ and (4.7) of this

21 subsection (a), the rules and regulations shall also provide

22 that the Director may award up to 180 days of earned sentence

23 credit ~~for prisoners serving a sentence of incarceration of~~

24 ~~less than 5 years, and up to 365 days of earned sentence credit~~

25 ~~for prisoners serving a sentence of 5 years or longer. The~~

26 ~~Director may grant this credit~~ for good conduct in specific

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1 instances as the Director deems proper. The good conduct may

2 include, but is not limited to, compliance with the rules and

3 regulations of the Department, service to the Department,

4 service to a community, or service to the State.

5 Eligible inmates for an award of earned sentence credit

6 under this paragraph (3) may be selected to receive the credit

7 at the Director's or his or her designee's sole discretion.

8 Eligibility for the additional earned sentence credit under

9 this paragraph (3) ~~may~~ shall be based on, but is not limited

10 to, ~~participation in programming offered by the Department as~~

11 ~~appropriate for the prisoner based on~~ the results of any

12 available risk/needs assessment or other relevant assessments

13 or evaluations administered by the Department using a

14 validated instrument, the circumstances of the crime,

15 ~~demonstrated commitment to rehabilitation by a~~ any prisoner

16 with a history of conviction for a forcible felony enumerated

17 in Section 2-8 of the Criminal Code of 2012, the inmate's

18 behavior and ~~improvements in~~ disciplinary history while

19 incarcerated, and the inmate's commitment to rehabilitation,

20 including participation in programming offered by the

21 Department.

22 The Director shall not award sentence credit under this

23 paragraph (3) to an inmate unless the inmate has served a

24 minimum of 60 days of the sentence; except nothing in this

25 paragraph shall be construed to permit the Director to extend

26 an inmate's sentence beyond that which was imposed by the

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1 court. Prior to awarding credit under this paragraph (3), the

2 Director shall make a written determination that the inmate:

3 (A) is eligible for the earned sentence credit;

4 (B) has served a minimum of 60 days, or as close to 60

5 days as the sentence will allow;

6 (B-1) has received a risk/needs assessment or other

7 relevant evaluation or assessment administered by the

8 Department using a validated instrument; and

9 (C) has met the eligibility criteria established by

10 rule for earned sentence credit.

11 The Director shall determine the form and content of the

12 written determination required in this subsection.

13 (3.5) The Department shall provide annual written reports

14 to the Governor and the General Assembly on the award of earned

15 sentence credit no later than February 1 of each year. The

16 Department must publish both reports on its website within 48

17 hours of transmitting the reports to the Governor and the

18 General Assembly. The reports must include:

19 (A) the number of inmates awarded earned sentence

20 credit;

21 (B) the average amount of earned sentence credit

22 awarded;

23 (C) the holding offenses of inmates awarded earned

24 sentence credit; and

25 (D) the number of earned sentence credit revocations.

26 (4)(A) Except as provided in paragraph (4.7) of this

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1 subsection (a), the rules and regulations shall also provide

2 that ~~any prisoner who~~ the sentence credit accumulated and

3 retained under paragraph (2.1) of subsection (a) of this

4 Section by any inmate during specific periods of time in which

5 such inmate is engaged full-time in substance abuse programs,

6 correctional industry assignments, educational programs,

7 ~~work-release programs or activities in accordance with Article~~

8 ~~13 of Chapter III of this Code,~~ behavior modification

9 programs, life skills courses, or re-entry planning provided

10 by the Department under this paragraph (4) and satisfactorily

11 completes the assigned program as determined by the standards

12 of the Department, shall receive ~~one day of sentence credit~~

13 ~~for each day in which that prisoner is engaged in the~~

14 ~~activities described in this paragraph~~ be multiplied by a

15 factor of 1.25 for program participation before August 11,

16 1993 and 1.50 for program participation on or after that date.

17 The rules and regulations shall also provide that sentence

18 credit, subject to the same offense limits and multiplier

19 provided in this paragraph, may be provided to an inmate who

20 was held in pre-trial detention prior to his or her current

21 commitment to the Department of Corrections and successfully

22 completed a full-time, 60-day or longer substance abuse

23 program, educational program, behavior modification program,

24 life skills course, or re-entry planning provided by the

25 county department of corrections or county jail. Calculation

26 of this county program credit shall be done at sentencing as

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1 provided in Section 5-4.5-100 of this Code and shall be

2 included in the sentencing order. ~~The rules and regulations~~

3 ~~shall also provide that sentence credit may be provided to an~~

4 ~~inmate who is in compliance with programming requirements in~~

5 ~~an adult transition center~~. However, no inmate shall be

6 eligible for the additional sentence credit under this

7 paragraph (4) or (4.1) of this subsection (a) while assigned

8 to a boot camp or electronic detention.

9 (B) The Department shall award sentence credit under this

10 paragraph (4) accumulated prior to ~~January 1, 2020 (~~the

11 effective date of ~~Public Act 101-440)~~ this amendatory Act of

12 the 101st General Assembly in an amount specified in

13 subparagraph (C) of this paragraph (4) to an inmate serving a

14 sentence for an offense committed prior to June 19, 1998, if

15 the Department determines that the inmate is entitled to this

16 sentence credit, based upon:

17 (i) documentation provided by the Department that the

18 inmate engaged in any full-time substance abuse programs,

19 correctional industry assignments, educational programs,

20 behavior modification programs, life skills courses, or

21 re-entry planning provided by the Department under this

22 paragraph (4) and satisfactorily completed the assigned

23 program as determined by the standards of the Department

24 during the inmate's current term of incarceration; or

25 (ii) the inmate's own testimony in the form of an

26 affidavit or documentation, or a third party's

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1 documentation or testimony in the form of an affidavit

2 that the inmate likely engaged in any full-time substance

3 abuse programs, correctional industry assignments,

4 educational programs, behavior modification programs, life

5 skills courses, or re-entry planning provided by the

6 Department under paragraph (4) and satisfactorily

7 completed the assigned program as determined by the

8 standards of the Department during the inmate's current

9 term of incarceration.

10 (C) If the inmate can provide documentation that he or she

11 is entitled to sentence credit under subparagraph (B) in

12 excess of 45 days of participation in those programs, the

13 inmate shall receive 90 days of sentence credit. If the inmate

14 cannot provide documentation of more than 45 days of

15 participation in those programs, the inmate shall receive 45

16 days of sentence credit. In the event of a disagreement

17 between the Department and the inmate as to the amount of

18 credit accumulated under subparagraph (B), if the Department

19 provides documented proof of a lesser amount of days of

20 participation in those programs, that proof shall control. If

21 the Department provides no documentary proof, the inmate's

22 proof as set forth in clause (ii) of subparagraph (B) shall

23 control as to the amount of sentence credit provided.

24 (D) If the inmate has been convicted of a sex offense as

25 defined in Section 2 of the Sex Offender Registration Act,

26 sentencing credits under subparagraph (B) of this paragraph

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1 (4) shall be awarded by the Department only if the conditions

2 set forth in paragraph (4.6) of subsection (a) are satisfied.

3 No inmate serving a term of natural life imprisonment shall

4 receive sentence credit under subparagraph (B) of this

5 paragraph (4).

6 Educational, vocational, substance abuse, behavior

7 modification programs, life skills courses, re-entry planning,

8 and correctional industry programs under which sentence credit

9 may be earned under this paragraph (4) and paragraph (4.1) of

10 this subsection (a) shall be evaluated by the Department on

11 the basis of documented standards. The Department shall report

12 the results of these evaluations to the Governor and the

13 General Assembly by September 30th of each year. The reports

14 shall include data relating to the recidivism rate among

15 program participants.

16 Availability of these programs shall be subject to the

17 limits of fiscal resources appropriated by the General

18 Assembly for these purposes. Eligible inmates who are denied

19 immediate admission shall be placed on a waiting list under

20 criteria established by the Department. ~~The rules and~~

21 ~~regulations shall provide that a prisoner who has been placed~~

22 ~~on a waiting list but is transferred for non-disciplinary~~

23 ~~reasons before beginning a program shall receive priority~~

24 ~~placement on the waitlist for appropriate programs at the new~~

25 ~~facility.~~The inability of any inmate to become engaged in any

26 such programs by reason of insufficient program resources or

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1 for any other reason established under the rules and

2 regulations of the Department shall not be deemed a cause of

3 action under which the Department or any employee or agent of

4 the Department shall be liable for damages to the inmate. ~~The~~

5 ~~rules and regulations shall provide that a prisoner who begins~~

6 ~~an educational, vocational, substance abuse, work-release~~

7 ~~programs or activities in accordance with Article 13 of~~

8 ~~Chapter III of this Code, behavior modification program, life~~

9 ~~skills course, re-entry planning, or correctional industry~~

10 ~~programs but is unable to complete the program due to illness,~~

11 ~~disability, transfer, lockdown, or another reason outside of~~

12 ~~the prisoner's control shall receive prorated sentence credits~~

13 ~~for the days in which the prisoner did participate.~~

14 (4.1) Except as provided in paragraph (4.7) of this

15 subsection (a), the rules and regulations shall also provide

16 that an additional 90 days of sentence credit shall be awarded

17 to any prisoner who passes high school equivalency testing

18 while the prisoner is committed to the Department of

19 Corrections. The sentence credit awarded under this paragraph

20 (4.1) shall be in addition to, and shall not affect, the award

21 of sentence credit under any other paragraph of this Section,

22 but shall also be pursuant to the guidelines and restrictions

23 set forth in paragraph (4) of subsection (a) of this Section.

24 The sentence credit provided for in this paragraph shall be

25 available only to those prisoners who have not previously

26 earned a high school diploma or a high school equivalency

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1 certificate. If, after an award of the high school equivalency

2 testing sentence credit has been made, the Department

3 determines that the prisoner was not eligible, then the award

4 shall be revoked. The Department may also award 90 days of

5 sentence credit to any committed person who passed high school

6 equivalency testing while he or she was held in pre-trial

7 detention prior to the current commitment to the Department of

8 Corrections. ~~Except as provided in paragraph (4.7) of this~~

9 ~~subsection (a), the rules and regulations shall provide that~~

10 ~~an additional 120 days of sentence credit shall be awarded to~~

11 ~~any prisoner who obtains an associate degree while the~~

12 ~~prisoner is committed to the Department of Corrections,~~

13 ~~regardless of the date that the associate degree was obtained,~~

14 ~~including if prior to July 1, 2021 (the effective date of~~

15 ~~Public Act 101-652). The sentence credit awarded under this~~

16 ~~paragraph (4.1) shall be in addition to, and shall not affect,~~

17 ~~the award of sentence credit under any other paragraph of this~~

18 ~~Section, but shall also be under the guidelines and~~

19 ~~restrictions set forth in paragraph (4) of subsection (a) of~~

20 ~~this Section. The sentence credit provided for in this~~

21 ~~paragraph (4.1) shall be available only to those prisoners who~~

22 ~~have not previously earned an associate degree prior to the~~

23 ~~current commitment to the Department of Corrections. If, after~~

24 ~~an award of the associate degree sentence credit has been made~~

25 ~~and the Department determines that the prisoner was not~~

26 ~~eligible, then the award shall be revoked. The Department may~~

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1 ~~also award 120 days of sentence credit to any committed person~~

2 ~~who earned an associate degree while he or she was held in~~

3 ~~pre-trial detention prior to the current commitment to the~~

4 ~~Department of Corrections.~~

5 Except as provided in paragraph (4.7) of this subsection

6 (a), the rules and regulations shall provide that an

7 additional 180 days of sentence credit shall be awarded to any

8 prisoner who obtains a bachelor's degree while the prisoner is

9 committed to the Department of Corrections. The sentence

10 credit awarded under this paragraph (4.1) shall be in addition

11 to, and shall not affect, the award of sentence credit under

12 any other paragraph of this Section, but shall also be under

13 the guidelines and restrictions set forth in paragraph (4) of

14 this subsection (a). The sentence credit provided for in this

15 paragraph shall be available only to those prisoners who have

16 not earned a bachelor's degree prior to the current commitment

17 to the Department of Corrections. If, after an award of the

18 bachelor's degree sentence credit has been made, the

19 Department determines that the prisoner was not eligible, then

20 the award shall be revoked. The Department may also award 180

21 days of sentence credit to any committed person who earned a

22 bachelor's degree while he or she was held in pre-trial

23 detention prior to the current commitment to the Department of

24 Corrections.

25 Except as provided in paragraph (4.7) of this subsection

26 (a), the rules and regulations shall provide that an

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1 additional 180 days of sentence credit shall be awarded to any

2 prisoner who obtains a master's or professional degree while

3 the prisoner is committed to the Department of Corrections.

4 The sentence credit awarded under this paragraph (4.1) shall

5 be in addition to, and shall not affect, the award of sentence

6 credit under any other paragraph of this Section, but shall

7 also be under the guidelines and restrictions set forth in

8 paragraph (4) of this subsection (a). The sentence credit

9 provided for in this paragraph shall be available only to

10 those prisoners who have not previously earned a master's or

11 professional degree prior to the current commitment to the

12 Department of Corrections. If, after an award of the master's

13 or professional degree sentence credit has been made, the

14 Department determines that the prisoner was not eligible, then

15 the award shall be revoked. The Department may also award 180

16 days of sentence credit to any committed person who earned a

17 master's or professional degree while he or she was held in

18 pre-trial detention prior to the current commitment to the

19 Department of Corrections.

20 ~~(4.2) The rules and regulations shall also provide that~~

21 ~~any prisoner engaged in self-improvement programs, volunteer~~

22 ~~work, or work assignments that are not otherwise eligible~~

23 ~~activities under paragraph (4), shall receive up to 0.5 days~~

24 ~~of sentence credit for each day in which the prisoner is~~

25 ~~engaged in activities described in this paragraph.~~

26 (4.5) The rules and regulations on sentence credit shall

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1 also provide that when the court's sentencing order recommends

2 a prisoner for substance abuse treatment and the crime was

3 committed on or after September 1, 2003 (the effective date of

4 Public Act 93-354), the prisoner shall receive no sentence

5 credit awarded under clause (3) of this subsection (a) unless

6 he or she participates in and completes a substance abuse

7 treatment program. The Director may waive the requirement to

8 participate in or complete a substance abuse treatment program

9 in specific instances if the prisoner is not a good candidate

10 for a substance abuse treatment program for medical,

11 programming, or operational reasons. Availability of substance

12 abuse treatment shall be subject to the limits of fiscal

13 resources appropriated by the General Assembly for these

14 purposes. If treatment is not available and the requirement to

15 participate and complete the treatment has not been waived by

16 the Director, the prisoner shall be placed on a waiting list

17 under criteria established by the Department. The Director may

18 allow a prisoner placed on a waiting list to participate in and

19 complete a substance abuse education class or attend substance

20 abuse self-help meetings in lieu of a substance abuse

21 treatment program. A prisoner on a waiting list who is not

22 placed in a substance abuse program prior to release may be

23 eligible for a waiver and receive sentence credit under clause

24 (3) of this subsection (a) at the discretion of the Director.

25 (4.6) The rules and regulations on sentence credit shall

26 also provide that a prisoner who has been convicted of a sex

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1 offense as defined in Section 2 of the Sex Offender

2 Registration Act shall receive no sentence credit unless he or

3 she either has successfully completed or is participating in

4 sex offender treatment as defined by the Sex Offender

5 Management Board. However, prisoners who are waiting to

6 receive treatment, but who are unable to do so due solely to

7 the lack of resources on the part of the Department, may, at

8 the Director's sole discretion, be awarded sentence credit at

9 a rate as the Director shall determine.

10 (4.7) On or after ~~January 1, 2018 (~~the effective date of

11 ~~Public Act 100-3)~~ this amendatory Act of the 100th General

12 Assembly, sentence credit under paragraph (3), (4), or (4.1)

13 of this subsection (a) may be awarded to a prisoner who is

14 serving a sentence for an offense described in paragraph (2),

15 (2.3), (2.4), (2.5), or (2.6) for credit earned on or after

16 ~~January 1, 2018 (~~the effective date of ~~Public Act 100-3)~~ this

17 amendatory Act of the 100th General Assembly; provided, the

18 award of the credits under this paragraph (4.7) shall not

19 reduce the sentence of the prisoner to less than the following

20 amounts:

21 (i) 85% of his or her sentence if the prisoner is

22 required to serve 85% of his or her sentence; or

23 (ii) 60% of his or her sentence if the prisoner is

24 required to serve 75% of his or her sentence, except if the

25 prisoner is serving a sentence for gunrunning his or her

26 sentence shall not be reduced to less than 75%.

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1 (iii) 100% of his or her sentence if the prisoner is

2 required to serve 100% of his or her sentence.

3 (5) Whenever the Department is to release any inmate

4 earlier than it otherwise would because of a grant of earned

5 sentence credit under paragraph (3) of subsection (a) of this

6 Section given at any time during the term, the Department

7 shall give reasonable notice of the impending release not less

8 than 14 days prior to the date of the release to the State's

9 Attorney of the county where the prosecution of the inmate

10 took place, and if applicable, the State's Attorney of the

11 county into which the inmate will be released. The Department

12 must also make identification information and a recent photo

13 of the inmate being released accessible on the Internet by

14 means of a hyperlink labeled "Community Notification of Inmate

15 Early Release" on the Department's World Wide Web homepage.

16 The identification information shall include the inmate's:

17 name, any known alias, date of birth, physical

18 characteristics, commitment offense, and county where

19 conviction was imposed. The identification information shall

20 be placed on the website within 3 days of the inmate's release

21 and the information may not be removed until either:

22 completion of the first year of mandatory supervised release

23 or return of the inmate to custody of the Department.

24 (b) Whenever a person is or has been committed under

25 several convictions, with separate sentences, the sentences

26 shall be construed under Section 5-8-4 in granting and

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1 forfeiting of sentence credit.

2 (c) ~~(1)~~ The Department shall prescribe rules and

3 regulations for revoking sentence credit, including revoking

4 sentence credit awarded under paragraph (3) of subsection (a)

5 of this Section. ~~The Department shall prescribe rules and~~

6 ~~regulations establishing and requiring the use of a sanctions~~

7 ~~matrix for revoking sentence credit.~~ The Department shall

8 prescribe rules and regulations for suspending or reducing the

9 rate of accumulation of sentence credit for specific rule

10 violations, during imprisonment. These rules and regulations

11 shall provide that no inmate may be penalized more than one

12 year of sentence credit for any one infraction.

13 ~~(2)~~ When the Department seeks to revoke, suspend, or

14 reduce the rate of accumulation of any sentence credits for an

15 alleged infraction of its rules, it shall bring charges

16 therefor against the prisoner sought to be so deprived of

17 sentence credits before the Prisoner Review Board as provided

18 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

19 amount of credit at issue exceeds 30 days~~, whether from one~~

20 ~~infraction or cumulatively from multiple infractions arising~~

21 ~~out of a single event,~~or when~~,~~ during any 12 month ~~12-month~~

22 period, the cumulative amount of credit revoked exceeds 30

23 days except where the infraction is committed or discovered

24 within 60 days of scheduled release. In those cases, the

25 Department of Corrections may revoke up to 30 days of sentence

26 credit. The Board may subsequently approve the revocation of

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1 additional sentence credit, if the Department seeks to revoke

2 sentence credit in excess of 30 days. However, the Board shall

3 not be empowered to review the Department's decision with

4 respect to the loss of 30 days of sentence credit within any

5 calendar year for any prisoner or to increase any penalty

6 beyond the length requested by the Department.

7 ~~(3)~~ The Director of the Department of Corrections, in

8 appropriate cases, may restoreup to 30 days of sentence

9 credits which have been revoked, suspended~~,~~or reduced.~~The~~

10 ~~Department shall prescribe rules and regulations governing the~~

11 ~~restoration of sentence credits. These rules and regulations~~

12 ~~shall provide for the automatic restoration of sentence~~

13 ~~credits following a period in which the prisoner maintains a~~

14 ~~record without a disciplinary violation.~~ Any restoration of

15 sentence credits in excess of 30 days shall be subject to

16 review by the Prisoner Review Board. However, the Board may

17 not restore sentence credit in excess of the amount requested

18 by the Director.

19 Nothing contained in this Section shall prohibit the

20 Prisoner Review Board from ordering, pursuant to Section

21 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

22 sentence imposed by the court that was not served due to the

23 accumulation of sentence credit.

24 (d) If a lawsuit is filed by a prisoner in an Illinois or

25 federal court against the State, the Department of

26 Corrections, or the Prisoner Review Board, or against any of

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1 their officers or employees, and the court makes a specific

2 finding that a pleading, motion, or other paper filed by the

3 prisoner is frivolous, the Department of Corrections shall

4 conduct a hearing to revoke up to 180 days of sentence credit

5 by bringing charges against the prisoner sought to be deprived

6 of the sentence credits before the Prisoner Review Board as

7 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

8 If the prisoner has not accumulated 180 days of sentence

9 credit at the time of the finding, then the Prisoner Review

10 Board may revoke all sentence credit accumulated by the

11 prisoner.

12 For purposes of this subsection (d):

13 (1) "Frivolous" means that a pleading, motion, or

14 other filing which purports to be a legal document filed

15 by a prisoner in his or her lawsuit meets any or all of the

16 following criteria:

17 (A) it lacks an arguable basis either in law or in

18 fact;

19 (B) it is being presented for any improper

20 purpose, such as to harass or to cause unnecessary

21 delay or needless increase in the cost of litigation;

22 (C) the claims, defenses, and other legal

23 contentions therein are not warranted by existing law

24 or by a nonfrivolous argument for the extension,

25 modification, or reversal of existing law or the

26 establishment of new law;

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1 (D) the allegations and other factual contentions

2 do not have evidentiary support or, if specifically so

3 identified, are not likely to have evidentiary support

4 after a reasonable opportunity for further

5 investigation or discovery; or

6 (E) the denials of factual contentions are not

7 warranted on the evidence, or if specifically so

8 identified, are not reasonably based on a lack of

9 information or belief.

10 (2) "Lawsuit" means a motion pursuant to Section 116-3

11 of the Code of Criminal Procedure of 1963, a habeas corpus

12 action under Article X of the Code of Civil Procedure or

13 under federal law (28 U.S.C. 2254), a petition for claim

14 under the Court of Claims Act, an action under the federal

15 Civil Rights Act (42 U.S.C. 1983), or a second or

16 subsequent petition for post-conviction relief under

17 Article 122 of the Code of Criminal Procedure of 1963

18 whether filed with or without leave of court or a second or

19 subsequent petition for relief from judgment under Section

20 2-1401 of the Code of Civil Procedure.

21 (e) Nothing in Public Act 90-592 or 90-593 affects the

22 validity of Public Act 89-404.

23 (f) Whenever the Department is to release any inmate who

24 has been convicted of a violation of an order of protection

25 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

26 the Criminal Code of 2012, earlier than it otherwise would

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1 because of a grant of sentence credit, the Department, as a

2 condition of release, shall require that the person, upon

3 release, be placed under electronic surveillance as provided

4 in Section 5-8A-7 of this Code.

5 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;

6 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)

7 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

8 Sec. 5-4-1. Sentencing hearing.

9 (a) Except when the death penalty is sought under hearing

10 procedures otherwise specified, after a determination of

11 guilt, a hearing shall be held to impose the sentence.

12 However, prior to the imposition of sentence on an individual

13 being sentenced for an offense based upon a charge for a

14 violation of Section 11-501 of the Illinois Vehicle Code or a

15 similar provision of a local ordinance, the individual must

16 undergo a professional evaluation to determine if an alcohol

17 or other drug abuse problem exists and the extent of such a

18 problem. Programs conducting these evaluations shall be

19 licensed by the Department of Human Services. However, if the

20 individual is not a resident of Illinois, the court may, in its

21 discretion, accept an evaluation from a program in the state

22 of such individual's residence. The court shall make a

23 specific finding about whether the defendant is eligible for

24 participation in a Department impact incarceration program as

25 provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an

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1 explanation as to why a sentence to impact incarceration is

2 not an appropriate sentence. The court may in its sentencing

3 order recommend a defendant for placement in a Department of

4 Corrections substance abuse treatment program as provided in

5 paragraph (a) of subsection (1) of Section 3-2-2 conditioned

6 upon the defendant being accepted in a program by the

7 Department of Corrections. At the hearing the court shall:

8 (1) consider the evidence, if any, received upon the

9 trial;

10 (2) consider any presentence reports;

11 (3) consider the financial impact of incarceration

12 based on the financial impact statement filed with the

13 clerk of the court by the Department of Corrections;

14 (4) consider evidence and information offered by the

15 parties in aggravation and mitigation;

16 (4.5) consider substance abuse treatment, eligibility

17 screening, and an assessment, if any, of the defendant by

18 an agent designated by the State of Illinois to provide

19 assessment services for the Illinois courts;

20 (5) hear arguments as to sentencing alternatives;

21 (6) afford the defendant the opportunity to make a

22 statement in his own behalf;

23 (7) afford the victim of a violent crime or a

24 violation of Section 11-501 of the Illinois Vehicle Code,

25 or a similar provision of a local ordinance, the

26 opportunity to present an oral or written statement, as

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1 guaranteed by Article I, Section 8.1 of the Illinois

2 Constitution and provided in Section 6 of the Rights of

3 Crime Victims and Witnesses Act. The court shall allow a

4 victim to make an oral statement if the victim is present

5 in the courtroom and requests to make an oral or written

6 statement. An oral or written statement includes the

7 victim or a representative of the victim reading the

8 written statement. The court may allow persons impacted by

9 the crime who are not victims under subsection (a) of

10 Section 3 of the Rights of Crime Victims and Witnesses Act

11 to present an oral or written statement. A victim and any

12 person making an oral statement shall not be put under

13 oath or subject to cross-examination. All statements

14 offered under this paragraph (7) shall become part of the

15 record of the court. In this paragraph (7), "victim of a

16 violent crime" means a person who is a victim of a violent

17 crime for which the defendant has been convicted after a

18 bench or jury trial or a person who is the victim of a

19 violent crime with which the defendant was charged and the

20 defendant has been convicted under a plea agreement of a

21 crime that is not a violent crime as defined in subsection

22 (c) of 3 of the Rights of Crime Victims and Witnesses Act;

23 (7.5) afford a qualified person affected by: (i) a

24 violation of Section 405, 405.1, 405.2, or 407 of the

25 Illinois Controlled Substances Act or a violation of

26 Section 55 or Section 65 of the Methamphetamine Control

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1 and Community Protection Act; or (ii) a Class 4 felony

2 violation of Section 11-14, 11-14.3 except as described in

3 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

4 11-18.1, or 11-19 of the Criminal Code of 1961 or the

5 Criminal Code of 2012, committed by the defendant the

6 opportunity to make a statement concerning the impact on

7 the qualified person and to offer evidence in aggravation

8 or mitigation; provided that the statement and evidence

9 offered in aggravation or mitigation shall first be

10 prepared in writing in conjunction with the State's

11 Attorney before it may be presented orally at the hearing.

12 Sworn testimony offered by the qualified person is subject

13 to the defendant's right to cross-examine. All statements

14 and evidence offered under this paragraph (7.5) shall

15 become part of the record of the court. In this paragraph

16 (7.5), "qualified person" means any person who: (i) lived

17 or worked within the territorial jurisdiction where the

18 offense took place when the offense took place; or (ii) is

19 familiar with various public places within the territorial

20 jurisdiction where the offense took place when the offense

21 took place. "Qualified person" includes any peace officer

22 or any member of any duly organized State, county, or

23 municipal peace officer unit assigned to the territorial

24 jurisdiction where the offense took place when the offense

25 took place;

26 (8) in cases of reckless homicide afford the victim's

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1 spouse, guardians, parents or other immediate family

2 members an opportunity to make oral statements;

3 (9) in cases involving a felony sex offense as defined

4 under the Sex Offender Management Board Act, consider the

5 results of the sex offender evaluation conducted pursuant

6 to Section 5-3-2 of this Act; and

7 (10) make a finding of whether a motor vehicle was

8 used in the commission of the offense for which the

9 defendant is being sentenced.

10 (b) All sentences shall be imposed by the judge based upon

11 his independent assessment of the elements specified above and

12 any agreement as to sentence reached by the parties. The judge

13 who presided at the trial or the judge who accepted the plea of

14 guilty shall impose the sentence unless he is no longer

15 sitting as a judge in that court. Where the judge does not

16 impose sentence at the same time on all defendants who are

17 convicted as a result of being involved in the same offense,

18 the defendant or the State's Attorney may advise the

19 sentencing court of the disposition of any other defendants

20 who have been sentenced.

21 (b-1) In imposing a sentence of imprisonment or periodic

22 imprisonment for a Class 3 or Class 4 felony for which a

23 sentence of probation or conditional discharge is an available

24 sentence, if the defendant has no prior sentence of probation

25 or conditional discharge and no prior conviction for a violent

26 crime, the defendant shall not be sentenced to imprisonment

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1 before review and consideration of a presentence report and

2 determination and explanation of why the particular evidence,

3 information, factor in aggravation, factual finding, or other

4 reasons support a sentencing determination that one or more of

5 the factors under subsection (a) of Section 5-6-1 of this Code

6 apply and that probation or conditional discharge is not an

7 appropriate sentence.

8 (c) In imposing a sentence for a violent crime or for an

9 offense of operating or being in physical control of a vehicle

10 while under the influence of alcohol, any other drug or any

11 combination thereof, or a similar provision of a local

12 ordinance, when such offense resulted in the personal injury

13 to someone other than the defendant, the trial judge shall

14 specify on the record the particular evidence, information,

15 factors in mitigation and aggravation or other reasons that

16 led to his sentencing determination. The full verbatim record

17 of the sentencing hearing shall be filed with the clerk of the

18 court and shall be a public record.

19 (c-1) In imposing a sentence for the offense of aggravated

20 kidnapping for ransom, home invasion, armed robbery,

21 aggravated vehicular hijacking, aggravated discharge of a

22 firearm, or armed violence with a category I weapon or

23 category II weapon, the trial judge shall make a finding as to

24 whether the conduct leading to conviction for the offense

25 resulted in great bodily harm to a victim, and shall enter that

26 finding and the basis for that finding in the record.

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1 (c-2) If the defendant is sentenced to prison, other than

2 when a sentence of natural life imprisonment or a sentence of

3 death is imposed, at the time the sentence is imposed the judge

4 shall state on the record in open court the approximate period

5 of time the defendant will serve in custody according to the

6 then current statutory rules and regulations for sentence

7 credit found in Section 3-6-3 and other related provisions of

8 this Code. This statement is intended solely to inform the

9 public, has no legal effect on the defendant's actual release,

10 and may not be relied on by the defendant on appeal.

11 The judge's statement, to be given after pronouncing the

12 sentence, other than when the sentence is imposed for one of

13 the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

14 shall include the following:

15 "The purpose of this statement is to inform the public of

16 the actual period of time this defendant is likely to spend in

17 prison as a result of this sentence. The actual period of

18 prison time served is determined by the statutes of Illinois

19 as applied to this sentence by the Illinois Department of

20 Corrections and the Illinois Prisoner Review Board. In this

21 case, assuming the defendant receives all of his or her

22 sentence credit, the period of estimated actual custody is ...

23 years and ... months, less up to 180 days additional earned

24 sentence credit. If the defendant, because of his or her own

25 misconduct or failure to comply with the institutional

26 regulations, does not receive those credits, the actual time

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1 served in prison will be longer. The defendant may also

2 receive an additional one-half day sentence credit for each

3 day of participation in vocational, industry, substance abuse,

4 and educational programs as provided for by Illinois statute."

5 When the sentence is imposed for one of the offenses

6 enumerated in paragraph (a)(2) of Section 3-6-3, other than

7 first degree murder, and the offense was committed on or after

8 June 19, 1998, and when the sentence is imposed for reckless

9 homicide as defined in subsection (e) of Section 9-3 of the

10 Criminal Code of 1961 or the Criminal Code of 2012 if the

11 offense was committed on or after January 1, 1999, and when the

12 sentence is imposed for aggravated driving under the influence

13 of alcohol, other drug or drugs, or intoxicating compound or

14 compounds, or any combination thereof as defined in

15 subparagraph (F) of paragraph (1) of subsection (d) of Section

16 11-501 of the Illinois Vehicle Code, and when the sentence is

17 imposed for aggravated arson if the offense was committed on

18 or after July 27, 2001 (the effective date of Public Act

19 92-176), and when the sentence is imposed for aggravated

20 driving under the influence of alcohol, other drug or drugs,

21 or intoxicating compound or compounds, or any combination

22 thereof as defined in subparagraph (C) of paragraph (1) of

23 subsection (d) of Section 11-501 of the Illinois Vehicle Code

24 committed on or after January 1, 2011 (the effective date of

25 Public Act 96-1230), the judge's statement, to be given after

26 pronouncing the sentence, shall include the following:

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1 "The purpose of this statement is to inform the public of

2 the actual period of time this defendant is likely to spend in

3 prison as a result of this sentence. The actual period of

4 prison time served is determined by the statutes of Illinois

5 as applied to this sentence by the Illinois Department of

6 Corrections and the Illinois Prisoner Review Board. In this

7 case, the defendant is entitled to no more than 4 1/2 days of

8 sentence credit for each month of his or her sentence of

9 imprisonment. Therefore, this defendant will serve at least

10 85% of his or her sentence. Assuming the defendant receives 4

11 1/2 days credit for each month of his or her sentence, the

12 period of estimated actual custody is ... years and ...

13 months. If the defendant, because of his or her own misconduct

14 or failure to comply with the institutional regulations

15 receives lesser credit, the actual time served in prison will

16 be longer."

17 When a sentence of imprisonment is imposed for first

18 degree murder and the offense was committed on or after June

19 19, 1998, the judge's statement, to be given after pronouncing

20 the sentence, shall include the following:

21 "The purpose of this statement is to inform the public of

22 the actual period of time this defendant is likely to spend in

23 prison as a result of this sentence. The actual period of

24 prison time served is determined by the statutes of Illinois

25 as applied to this sentence by the Illinois Department of

26 Corrections and the Illinois Prisoner Review Board. In this

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1 case, the defendant is not entitled to sentence credit.

2 Therefore, this defendant will serve 100% of his or her

3 sentence."

4 When the sentencing order recommends placement in a

5 substance abuse program for any offense that results in

6 incarceration in a Department of Corrections facility and the

7 crime was committed on or after September 1, 2003 (the

8 effective date of Public Act 93-354), the judge's statement,

9 in addition to any other judge's statement required under this

10 Section, to be given after pronouncing the sentence, shall

11 include the following:

12 "The purpose of this statement is to inform the public of

13 the actual period of time this defendant is likely to spend in

14 prison as a result of this sentence. The actual period of

15 prison time served is determined by the statutes of Illinois

16 as applied to this sentence by the Illinois Department of

17 Corrections and the Illinois Prisoner Review Board. In this

18 case, the defendant shall receive no earned sentence credit

19 under clause (3) of subsection (a) of Section 3-6-3 until he or

20 she participates in and completes a substance abuse treatment

21 program or receives a waiver from the Director of Corrections

22 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

23 (c-4) Before the sentencing hearing and as part of the

24 presentence investigation under Section 5-3-1, the court shall

25 inquire of the defendant whether the defendant is currently

26 serving in or is a veteran of the Armed Forces of the United

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1 States. If the defendant is currently serving in the Armed

2 Forces of the United States or is a veteran of the Armed Forces

3 of the United States and has been diagnosed as having a mental

4 illness by a qualified psychiatrist or clinical psychologist

5 or physician, the court may:

6 (1) order that the officer preparing the presentence

7 report consult with the United States Department of

8 Veterans Affairs, Illinois Department of Veterans'

9 Affairs, or another agency or person with suitable

10 knowledge or experience for the purpose of providing the

11 court with information regarding treatment options

12 available to the defendant, including federal, State, and

13 local programming; and

14 (2) consider the treatment recommendations of any

15 diagnosing or treating mental health professionals

16 together with the treatment options available to the

17 defendant in imposing sentence.

18 For the purposes of this subsection (c-4), "qualified

19 psychiatrist" means a reputable physician licensed in Illinois

20 to practice medicine in all its branches, who has specialized

21 in the diagnosis and treatment of mental and nervous disorders

22 for a period of not less than 5 years.

23 (c-6) In imposing a sentence, the trial judge shall

24 specify, on the record, the particular evidence and other

25 reasons which led to his or her determination that a motor

26 vehicle was used in the commission of the offense.

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1 ~~(c-7) In imposing a sentence for a Class 3 or 4 felony,~~

2 ~~other than a violent crime as defined in Section 3 of the~~

3 ~~Rights of Crime Victims and Witnesses Act, the court shall~~

4 ~~determine and indicate in the sentencing order whether the~~

5 ~~defendant has 4 or more or fewer than 4 months remaining on his~~

6 ~~or her sentence accounting for time served.~~

7 (d) When the defendant is committed to the Department of

8 Corrections, the State's Attorney shall and counsel for the

9 defendant may file a statement with the clerk of the court to

10 be transmitted to the department, agency or institution to

11 which the defendant is committed to furnish such department,

12 agency or institution with the facts and circumstances of the

13 offense for which the person was committed together with all

14 other factual information accessible to them in regard to the

15 person prior to his commitment relative to his habits,

16 associates, disposition and reputation and any other facts and

17 circumstances which may aid such department, agency or

18 institution during its custody of such person. The clerk shall

19 within 10 days after receiving any such statements transmit a

20 copy to such department, agency or institution and a copy to

21 the other party, provided, however, that this shall not be

22 cause for delay in conveying the person to the department,

23 agency or institution to which he has been committed.

24 (e) The clerk of the court shall transmit to the

25 department, agency or institution, if any, to which the

26 defendant is committed, the following:

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1 (1) the sentence imposed;

2 (2) any statement by the court of the basis for

3 imposing the sentence;

4 (3) any presentence reports;

5 (3.5) any sex offender evaluations;

6 (3.6) any substance abuse treatment eligibility

7 screening and assessment of the defendant by an agent

8 designated by the State of Illinois to provide assessment

9 services for the Illinois courts;

10 (4) the number of days, if any, which the defendant

11 has been in custody and for which he is entitled to credit

12 against the sentence, which information shall be provided

13 to the clerk by the sheriff;

14 (4.1) any finding of great bodily harm made by the

15 court with respect to an offense enumerated in subsection

16 (c-1);

17 (5) all statements filed under subsection (d) of this

18 Section;

19 (6) any medical or mental health records or summaries

20 of the defendant;

21 (7) the municipality where the arrest of the offender

22 or the commission of the offense has occurred, where such

23 municipality has a population of more than 25,000 persons;

24 (8) all statements made and evidence offered under

25 paragraph (7) of subsection (a) of this Section; and

26 (9) all additional matters which the court directs the

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1 clerk to transmit.

2 (f) In cases in which the court finds that a motor vehicle

3 was used in the commission of the offense for which the

4 defendant is being sentenced, the clerk of the court shall,

5 within 5 days thereafter, forward a report of such conviction

6 to the Secretary of State.

7 (Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;

8 101-105, eff. 1-1-20; 101-652.)

9 (730 ILCS 5/5-4.5-95)

10 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.

11 (a) HABITUAL CRIMINALS.

12 (1) Every person who has been twice convicted in any

13 state or federal court of an offense that contains the

14 same elements as an offense now (the date of the offense

15 committed after the 2 prior convictions) classified in

16 Illinois as a Class X felony, criminal sexual assault,

17 aggravated kidnapping, or first degree murder, and who is

18 thereafter convicted of a Class X felony, criminal sexual

19 assault, or first degree murder, committed after the 2

20 prior convictions, shall be adjudged an habitual criminal.

21 (2) The 2 prior convictions need not have been for the

22 same offense.

23 (3) Any convictions that result from or are connected

24 with the same transaction, or result from offenses

25 committed at the same time, shall be counted for the

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1 purposes of this Section as one conviction.

2 (4) This Section does not apply unless each of the

3 following requirements are satisfied:

4 (A) The third offense was committed after July 3,

5 1980.

6 (B) The third offense was committed within 20

7 years of the date that judgment was entered on the

8 first conviction; provided, however, that time spent

9 in custody shall not be counted.

10 (C) The third offense was committed after

11 conviction on the second offense.

12 (D) The second offense was committed after

13 conviction on the first offense.

14 ~~(E) The first offense was committed when the~~

15 ~~person was 21 years of age or older.~~

16 (5) Anyone who, having attained the age of 18 at the

17 time of the third offense, is adjudged an habitual

18 criminal shall be sentenced to a term of natural life

19 imprisonment.

20 (6) A prior conviction shall not be alleged in the

21 indictment, and no evidence or other disclosure of that

22 conviction shall be presented to the court or the jury

23 during the trial of an offense set forth in this Section

24 unless otherwise permitted by the issues properly raised

25 in that trial. After a plea or verdict or finding of guilty

26 and before sentence is imposed, the prosecutor may file

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1 with the court a verified written statement signed by the

2 State's Attorney concerning any former conviction of an

3 offense set forth in this Section rendered against the

4 defendant. The court shall then cause the defendant to be

5 brought before it; shall inform the defendant of the

6 allegations of the statement so filed, and of his or her

7 right to a hearing before the court on the issue of that

8 former conviction and of his or her right to counsel at

9 that hearing; and unless the defendant admits such

10 conviction, shall hear and determine the issue, and shall

11 make a written finding thereon. If a sentence has

12 previously been imposed, the court may vacate that

13 sentence and impose a new sentence in accordance with this

14 Section.

15 (7) A duly authenticated copy of the record of any

16 alleged former conviction of an offense set forth in this

17 Section shall be prima facie evidence of that former

18 conviction; and a duly authenticated copy of the record of

19 the defendant's final release or discharge from probation

20 granted, or from sentence and parole supervision (if any)

21 imposed pursuant to that former conviction, shall be prima

22 facie evidence of that release or discharge.

23 (8) Any claim that a previous conviction offered by

24 the prosecution is not a former conviction of an offense

25 set forth in this Section because of the existence of any

26 exceptions described in this Section, is waived unless

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1 duly raised at the hearing on that conviction, or unless

2 the prosecution's proof shows the existence of the

3 exceptions described in this Section.

4 (9) If the person so convicted shows to the

5 satisfaction of the court before whom that conviction was

6 had that he or she was released from imprisonment, upon

7 either of the sentences upon a pardon granted for the

8 reason that he or she was innocent, that conviction and

9 sentence shall not be considered under this Section.

10 (b) When a defendant, over the age of 21 years, is

11 convicted of a Class 1 or Class 2 ~~forcible~~ felony, except for

12 an offense listed in subsection (c) of this Section, after

13 having twice been convicted in any state or federal court of an

14 offense that contains the same elements as an offense now (the

15 date the Class 1 or Class 2 ~~forcible~~ felony was committed)

16 classified in Illinois as a Class 2 or greater Class ~~forcible~~

17 felony, except for an offense listed in subsection (c) of this

18 Section, and those charges are separately brought and tried

19 and arise out of different series of acts, that defendant

20 shall be sentenced as a Class X offender. This subsection does

21 not apply unless:

22 (1) the first ~~forcible~~ felony was committed after

23 February 1, 1978 (the effective date of Public Act

24 80-1099);

25 (2) the second ~~forcible~~ felony was committed after

26 conviction on the first; and

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1 (3) the third ~~forcible~~ felony was committed after

2 conviction on the second~~; and~~

3 ~~(4) the first offense was committed when the person~~

4 ~~was 21 years of age or older~~.

5 (c) ~~(Blank).~~ Subsection (b) of this Section does not apply

6 to Class 1 or Class 2 felony convictions for a violation of

7 Section 16-1 of the Criminal Code of 2012.

8 A person sentenced as a Class X offender under this

9 subsection (b) is not eligible to apply for treatment as a

10 condition of probation as provided by Section 40-10 of the

11 Substance Use Disorder Act (20 ILCS 301/40-10).

12 (Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,

13 eff. 1-1-19; 101-652.)

14 (730 ILCS 5/5-4.5-100)

15 Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.

16 (a) COMMENCEMENT. A sentence of imprisonment shall

17 commence on the date on which the offender is received by the

18 Department or the institution at which the sentence is to be

19 served.

20 (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set

21 forth in subsection (e), the offender shall be given credit on

22 the determinate sentence or maximum term and the minimum

23 period of imprisonment for the number of days spent in custody

24 as a result of the offense for which the sentence was imposed.

25 The Department shall calculate the credit at the rate

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1 specified in Section 3-6-3 (730 ILCS 5/3-6-3). ~~The~~ Except when

2 prohibited by subsection (d), the trial court shall give

3 credit to the defendant for time spent in home detention on the

4 same sentencing terms as incarceration as provided in Section

5 5-8A-3 (730 ILCS 5/5-8A-3). ~~Home detention for purposes of~~

6 ~~credit includes restrictions on liberty such as curfews~~

7 ~~restricting movement for 12 hours or more per day and~~

8 ~~electronic monitoring that restricts travel or movement.~~

9 ~~Electronic monitoring is not required for home detention to be~~

10 ~~considered custodial for purposes of sentencing credit.~~ The

11 trial court may give credit to the defendant for the number of

12 days spent confined for psychiatric or substance abuse

13 treatment prior to judgment, if the court finds that the

14 detention or confinement was custodial.

15 (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender

16 arrested on one charge and prosecuted on another charge for

17 conduct that occurred prior to his or her arrest shall be given

18 credit on the determinate sentence or maximum term and the

19 minimum term of imprisonment for time spent in custody under

20 the former charge not credited against another sentence.

21 (c-5) CREDIT; PROGRAMMING. The trial court shall give the

22 defendant credit for successfully completing county

23 programming while in custody prior to imposition of sentence

24 at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For

25 the purposes of this subsection, "custody" includes time spent

26 in home detention.

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1 (d) ~~(Blank).~~ NO CREDIT; SOME HOME DETENTION. An offender

2 sentenced to a term of imprisonment for an offense listed in

3 paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS

4 5/5-5-3) or in paragraph (3) of subsection (c-1) of Section

5 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall

6 not receive credit for time spent in home detention prior to

7 judgment.

8 (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED

9 RELEASE, OR PROBATION. An offender charged with the commission

10 of an offense committed while on parole, mandatory supervised

11 release, or probation shall not be given credit for time spent

12 in custody under subsection (b) for that offense for any time

13 spent in custody as a result of a revocation of parole,

14 mandatory supervised release, or probation where such

15 revocation is based on a sentence imposed for a previous

16 conviction, regardless of the facts upon which the revocation

17 of parole, mandatory supervised release, or probation is

18 based, unless both the State and the defendant agree that the

19 time served for a violation of mandatory supervised release,

20 parole, or probation shall be credited towards the sentence

21 for the current offense.

22 (Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12;

23 101-652.)

24 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

25 Sec. 5-8-1. Natural life imprisonment; enhancements for

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1 use of a firearm; mandatory supervised release terms.

2 (a) Except as otherwise provided in the statute defining

3 the offense or in Article 4.5 of Chapter V, a sentence of

4 imprisonment for a felony shall be a determinate sentence set

5 by the court under this Section, subject to Section 5-4.5-115

6 of this Code, according to the following limitations:

7 (1) for first degree murder,

8 (a) (blank),

9 (b) if a trier of fact finds beyond a reasonable

10 doubt that the murder was accompanied by exceptionally

11 brutal or heinous behavior indicative of wanton

12 cruelty or, except as set forth in subsection

13 (a)(1)(c) of this Section, that any of the aggravating

14 factors listed in subsection (b) or (b-5) of Section

15 9-1 of the Criminal Code of 1961 or the Criminal Code

16 of 2012 are present, the court may sentence the

17 defendant, subject to Section 5-4.5-105, to a term of

18 natural life imprisonment, or

19 (c) the court shall sentence the defendant to a

20 term of natural life imprisonment if the defendant, at

21 the time of the commission of the murder, had attained

22 the age of 18, and:

23 (i) has previously been convicted of first

24 degree murder under any state or federal law, or

25 (ii) is found guilty of murdering more than

26 one victim, or

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1 (iii) is found guilty of murdering a peace

2 officer, fireman, or emergency management worker

3 when the peace officer, fireman, or emergency

4 management worker was killed in the course of

5 performing his official duties, or to prevent the

6 peace officer or fireman from performing his

7 official duties, or in retaliation for the peace

8 officer, fireman, or emergency management worker

9 from performing his official duties, and the

10 defendant knew or should have known that the

11 murdered individual was a peace officer, fireman,

12 or emergency management worker, or

13 (iv) is found guilty of murdering an employee

14 of an institution or facility of the Department of

15 Corrections, or any similar local correctional

16 agency, when the employee was killed in the course

17 of performing his official duties, or to prevent

18 the employee from performing his official duties,

19 or in retaliation for the employee performing his

20 official duties, or

21 (v) is found guilty of murdering an emergency

22 medical technician - ambulance, emergency medical

23 technician - intermediate, emergency medical

24 technician - paramedic, ambulance driver or other

25 medical assistance or first aid person while

26 employed by a municipality or other governmental

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1 unit when the person was killed in the course of

2 performing official duties or to prevent the

3 person from performing official duties or in

4 retaliation for performing official duties and the

5 defendant knew or should have known that the

6 murdered individual was an emergency medical

7 technician - ambulance, emergency medical

8 technician - intermediate, emergency medical

9 technician - paramedic, ambulance driver, or other

10 medical assistant or first aid personnel, or

11 (vi) (blank), or

12 (vii) is found guilty of first degree murder

13 and the murder was committed by reason of any

14 person's activity as a community policing

15 volunteer or to prevent any person from engaging

16 in activity as a community policing volunteer. For

17 the purpose of this Section, "community policing

18 volunteer" has the meaning ascribed to it in

19 Section 2-3.5 of the Criminal Code of 2012.

20 For purposes of clause (v), "emergency medical

21 technician - ambulance", "emergency medical technician -

22 intermediate", "emergency medical technician -

23 paramedic", have the meanings ascribed to them in the

24 Emergency Medical Services (EMS) Systems Act.

25 (d)(i) if the person committed the offense while

26 armed with a firearm, 15 years shall be added to

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1 the term of imprisonment imposed by the court;

2 (ii) if, during the commission of the offense, the

3 person personally discharged a firearm, 20 years shall

4 be added to the term of imprisonment imposed by the

5 court;

6 (iii) if, during the commission of the offense,

7 the person personally discharged a firearm that

8 proximately caused great bodily harm, permanent

9 disability, permanent disfigurement, or death to

10 another person, 25 years or up to a term of natural

11 life shall be added to the term of imprisonment

12 imposed by the court.

13 (2) (blank);

14 (2.5) for a person who has attained the age of 18 years

15 at the time of the commission of the offense and who is

16 convicted under the circumstances described in subdivision

17 (b)(1)(B) of Section 11-1.20 or paragraph (3) of

18 subsection (b) of Section 12-13, subdivision (d)(2) of

19 Section 11-1.30 or paragraph (2) of subsection (d) of

20 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

21 paragraph (1.2) of subsection (b) of Section 12-14.1,

22 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

23 subsection (b) of Section 12-14.1 of the Criminal Code of

24 1961 or the Criminal Code of 2012, the sentence shall be a

25 term of natural life imprisonment.

26 (b) (Blank).

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1 (c) (Blank).

2 (d) Subject to earlier termination under Section 3-3-8,

3 the parole or mandatory supervised release term shall be

4 written as part of the sentencing order and shall be as

5 follows:

6 (1) for first degree murder ~~or for the offenses of~~

7 ~~predatory criminal sexual assault of a child, aggravated~~

8 ~~criminal sexual assault, and criminal sexual assault if~~

9 ~~committed on or before December 12, 2005~~ or a Class X

10 felony except for the offenses of predatory criminal

11 sexual assault of a child, aggravated criminal sexual

12 assault, and criminal sexual assault if committed on or

13 after the effective date of this amendatory Act of the

14 94th General Assembly and except for the offense of

15 aggravated child pornography under Section 11-20.1B,

16 11-20.3, or 11-20.1 with sentencing under subsection (c-5)

17 of Section 11-20.1 of the Criminal Code of 1961 or the

18 Criminal Code of 2012, if committed on or after January 1,

19 2009, 3 years;

20 ~~(1.5) except as provided in paragraph (7) of this~~

21 ~~subsection (d), for a Class X felony except for the~~

22 ~~offenses of predatory criminal sexual assault of a child,~~

23 ~~aggravated criminal sexual assault, and criminal sexual~~

24 ~~assault if committed on or after December 13, 2005 (the~~

25 ~~effective date of Public Act 94-715) and except for the~~

26 ~~offense of aggravated child pornography under Section~~

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1 ~~11-20.1B., 11-20.3, or 11-20.1 with sentencing under~~

2 ~~subsection (c-5) of Section 11-20.1 of the Criminal Code~~

3 ~~of 1961 or the Criminal Code of 2012, if committed on or~~

4 ~~after January 1, 2009, 18 months;~~

5 (2) ~~except as provided in paragraph (7) of this~~

6 ~~subsection (d),~~ for a Class 1 felony or a Class 2 felony

7 except for the offense of criminal sexual assault if

8 committed on or after ~~December 13, 2005 (~~the effective

9 date of ~~Public Act 94-715)~~ this amendatory Act of the 94th

10 General Assembly and except for the offenses of

11 manufacture and dissemination of child pornography under

12 clauses (a)(1) and (a)(2) of Section 11-20.1 of the

13 Criminal Code of 1961 or the Criminal Code of 2012, if

14 committed on or after January 1, 2009, ~~12 months~~ 2 years;

15 (3) ~~except as provided in paragraph (4), (6), or (7)~~

16 ~~of this subsection (d), a mandatory supervised release~~

17 ~~term shall not be imposed for a Class 3 felony or a Class 4~~

18 ~~felony; unless:~~

19 ~~(A) the Prisoner Review Board, based on a~~

20 ~~validated risk and needs assessment, determines it is~~

21 ~~necessary for an offender to serve a mandatory~~

22 ~~supervised release term;~~

23 ~~(B) if the Prisoner Review Board determines a~~

24 ~~mandatory supervised release term is necessary~~

25 ~~pursuant to subparagraph (A) of this paragraph (3),~~

26 ~~the Prisoner Review Board shall specify the maximum~~

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1 ~~number of months of mandatory supervised release the~~

2 ~~offender may serve, limited to a term of: (i) 12 months~~

3 ~~for a Class 3 felony; and (ii) 12 months for a Class 4~~

4 ~~felony~~ for a Class 3 felony or a Class 4 felony, 1

5 year;

6 (4) for defendants who commit the offense of predatory

7 criminal sexual assault of a child, aggravated criminal

8 sexual assault, or criminal sexual assault, on or after

9 December 13, 2005 (the effective date of Public Act

10 94-715) ~~this amendatory Act of the 94th General Assembly~~,

11 or who commit the offense of aggravated child pornography

12 under Section 11-20.1B, 11-20.3, or 11-20.1 with

13 sentencing under subsection (c-5) of Section 11-20.1 of

14 the Criminal Code of 1961 or the Criminal Code of 2012,

15 manufacture of child pornography, or dissemination of

16 child pornography after January 1, 2009, the term of

17 mandatory supervised release shall range from a minimum of

18 3 years to a maximum of the natural life of the defendant;

19 (5) if the victim is under 18 years of age, for a

20 second or subsequent offense of aggravated criminal sexual

21 abuse or felony criminal sexual abuse, 4 years, at least

22 the first 2 years of which the defendant shall serve in an

23 electronic monitoring or home detention program under

24 Article 8A of Chapter V of this Code;

25 (6) for a felony domestic battery, aggravated domestic

26 battery, stalking, aggravated stalking, and a felony

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1 violation of an order of protection, 4 years~~;~~ .

2 ~~(7) for any felony described in paragraph (a)(2)(ii),~~

3 ~~(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),~~

4 ~~(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section~~

5 ~~3-6-3 of the Unified Code of Corrections requiring an~~

6 ~~inmate to serve a minimum of 85% of their court-imposed~~

7 ~~sentence, except for the offenses of predatory criminal~~

8 ~~sexual assault of a child, aggravated criminal sexual~~

9 ~~assault, and criminal sexual assault if committed on or~~

10 ~~after December 13, 2005 (the effective date of Public Act~~

11 ~~94-715) and except for the offense of aggravated child~~

12 ~~pornography under Section 11-20.1B., 11-20.3, or 11-20.1~~

13 ~~with sentencing under subsection (c-5) of Section 11-20.1~~

14 ~~of the Criminal Code of 1961 or the Criminal Code of 2012,~~

15 ~~if committed on or after January 1, 2009 and except as~~

16 ~~provided in paragraph (4) or paragraph (6) of this~~

17 ~~subsection (d), the term of mandatory supervised release~~

18 ~~shall be as follows:~~

19 ~~(A) Class X felony, 3 years;~~

20 ~~(B) Class 1 or Class 2 felonies, 2 years;~~

21 ~~(C) Class 3 or Class 4 felonies, 1 year.~~

22 (e) (Blank).

23 (f) (Blank).

24 (g) Notwithstanding any other provisions of this Act and

25 of Public Act 101-652: (i) the provisions of paragraph (3) of

26 subsection (d) are effective on January 1, 2022 and shall

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1 apply to all individuals convicted on or after the effective

2 date of paragraph (3) of subsection (d); and (ii) the

3 provisions of paragraphs (1.5) and (2) of subsection (d) are

4 effective on July 1, 2021 and shall apply to all individuals

5 convicted on or after the effective date of paragraphs (1.5)

6 and (2) of subsection (d).

7 (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;

8 102-28, eff. 6-25-21; revised 8-2-21.)

9 (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)

10 Sec. 5-8-6. Place of confinement.

11 (a) ~~Except as otherwise provided in this subsection (a),~~

12 ~~offenders~~ Offenderssentenced to a term of imprisonment for a

13 felony shall be committed to the penitentiary system of the

14 Department of Corrections. However, such sentence shall not

15 limit the powers of the Department of Children and Family

16 Services in relation to any child under the age of one year in

17 the sole custody of a person so sentenced, nor in relation to

18 any child delivered by a female so sentenced while she is so

19 confined as a consequence of such sentence.~~Except as~~

20 ~~otherwise provided in this subsection (a), a~~ A person

21 sentenced for a felony may be assigned by the Department of

22 Corrections to any of its institutions, facilities or

23 programs. ~~An offender sentenced to a term of imprisonment for~~

24 ~~a Class 3 or 4 felony, other than a violent crime as defined in~~

25 ~~Section 3 of the Rights of Crime Victims and Witnesses Act, in~~

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1 ~~which the sentencing order indicates that the offender has~~

2 ~~less than 4 months remaining on his or her sentence accounting~~

3 ~~for time served may not be confined in the penitentiary system~~

4 ~~of the Department of Corrections but may be assigned to~~

5 ~~electronic home detention under Article 8A of this Chapter V,~~

6 ~~an adult transition center, or another facility or program~~

7 ~~within the Department of Corrections.~~

8 (b) Offenders sentenced to a term of imprisonment for less

9 than one year shall be committed to the custody of the sheriff.

10 A person committed to the Department of Corrections, prior to

11 July 14, 1983, for less than one year may be assigned by the

12 Department to any of its institutions, facilities or programs.

13 (c) All offenders under 18 years of age when sentenced to

14 imprisonment shall be committed to the Department of Juvenile

15 Justice and the court in its order of commitment shall set a

16 definite term. The provisions of Section 3-3-3 shall be a part

17 of such commitment as fully as though written in the order of

18 commitment. The place of confinement for sentences imposed

19 before the effective date of this amendatory Act of the 99th

20 General Assembly are not affected or abated by this amendatory

21 Act of the 99th General Assembly.

22 (d) No defendant shall be committed to the Department of

23 Corrections for the recovery of a fine or costs.

24 (e) When a court sentences a defendant to a term of

25 imprisonment concurrent with a previous and unexpired sentence

26 of imprisonment imposed by any district court of the United

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1 States, it may commit the offender to the custody of the

2 Attorney General of the United States. The Attorney General of

3 the United States, or the authorized representative of the

4 Attorney General of the United States, shall be furnished with

5 the warrant of commitment from the court imposing sentence,

6 which warrant of commitment shall provide that, when the

7 offender is released from federal confinement, whether by

8 parole or by termination of sentence, the offender shall be

9 transferred by the Sheriff of the committing county to the

10 Department of Corrections. The court shall cause the

11 Department to be notified of such sentence at the time of

12 commitment and to be provided with copies of all records

13 regarding the sentence.

14 (Source: P.A. 99-628, eff. 1-1-17; 101-652.)

15 (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)

16 Sec. 5-8A-2. Definitions. As used in this Article:

17 (A) "Approved electronic monitoring device" means a device

18 approved by the supervising authority which is primarily

19 intended to record or transmit information as to the

20 defendant's presence or nonpresence in the home, consumption

21 of alcohol, consumption of drugs, location as determined

22 through GPS, cellular triangulation, Wi-Fi, or other

23 electronic means.

24 An approved electronic monitoring device may record or

25 transmit: oral or wire communications or an auditory sound;

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1 visual images; or information regarding the offender's

2 activities while inside the offender's home. These devices are

3 subject to the required consent as set forth in Section 5-8A-5

4 of this Article.

5 An approved electronic monitoring device may be used to

6 record a conversation between the participant and the

7 monitoring device, or the participant and the person

8 supervising the participant solely for the purpose of

9 identification and not for the purpose of eavesdropping or

10 conducting any other illegally intrusive monitoring.

11 (A-10) "Department" means the Department of Corrections or

12 the Department of Juvenile Justice.

13 (A-20) "Electronic monitoring" means the monitoring of an

14 inmate, person, or offender with an electronic device both

15 within and outside of their home under the terms and

16 conditions established by the supervising authority.

17 (B) "Excluded offenses" means first degree murder, escape,

18 predatory criminal sexual assault of a child, aggravated

19 criminal sexual assault, criminal sexual assault, aggravated

20 battery with a firearm as described in Section 12-4.2 or

21 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section

22 12-3.05, bringing or possessing a firearm, ammunition or

23 explosive in a penal institution, any "Super-X" drug offense

24 or calculated criminal drug conspiracy or streetgang criminal

25 drug conspiracy, or any predecessor or successor offenses with

26 the same or substantially the same elements, or any inchoate

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1 offenses relating to the foregoing offenses.

2 (B-10) "GPS" means a device or system which utilizes the

3 Global Positioning Satellite system for determining the

4 location of a person, inmate or offender.

5 (C) "Home detention" means the confinement of a person

6 convicted or charged with an offense to his or her place of

7 residence under the terms and conditions established by the

8 supervising authority. ~~Confinement need not be 24 hours per~~

9 ~~day to qualify as home detention, and significant restrictions~~

10 ~~on liberty such as 7pm to 7am curfews shall qualify. Home~~

11 ~~confinement may or may not be accompanied by electronic~~

12 ~~monitoring, and electronic monitoring is not required for~~

13 ~~purposes of sentencing credit.~~

14 (D) "Participant" means an inmate or offender placed into

15 an electronic monitoring program.

16 (E) "Supervising authority" means the Department of

17 Corrections, the Department of Juvenile Justice, probation

18 department, ~~a Chief Judge's office, pretrial services division~~

19 ~~or department,~~sheriff, superintendent of municipal house of

20 corrections or any other officer or agency charged with

21 authorizing and supervising electronic monitoring and home

22 detention.

23 (F) "Super-X drug offense" means a violation of Section

24 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);

25 Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),

26 (C), or (D) of the Illinois Controlled Substances Act.

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1 (G) "Wi-Fi" or "WiFi" means a device or system which

2 utilizes a wireless local area network for determining the

3 location of a person, inmate or offender.

4 (Source: P.A. 99-797, eff. 8-12-16; 101-652.)

5 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)

6 Sec. 5-8A-4. Program description. The supervising

7 authority may promulgate rules that prescribe reasonable

8 guidelines under which an electronic monitoring and home

9 detention program shall operate. When using electronic

10 monitoring for home detention these rules ~~may~~ shall include,

11 but not be limited to, the following:

12 (A) The participant ~~may be instructed to~~ shall remain

13 within the interior premises or within the property

14 boundaries of his or her residence at all times during the

15 hours designated by the supervising authority. Such

16 instances of approved absences from the home~~shall~~ may

17 include, but are not limited to, the following:

18 (1) working or employment approved by the court or

19 traveling to or from approved employment;

20 (2) unemployed and seeking employment approved for

21 the participant by the court;

22 (3) undergoing medical, psychiatric, mental health

23 treatment, counseling, or other treatment programs

24 approved for the participant by the court;

25 (4) attending an educational institution or a

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1 program approved for the participant by the court;

2 (5) attending a regularly scheduled religious

3 service at a place of worship;

4 (6) participating in community work release or

5 community service programs approved for the

6 participant by the supervising authority; ~~or~~

7 (7) for another compelling reason consistent with

8 the public interest, as approved by the supervising

9 authority; or ~~.~~

10 ~~(8) purchasing groceries, food, or other basic~~

11 ~~necessities.~~

12 ~~(A-1) At a minimum, any person ordered to pretrial~~

13 ~~home confinement with or without electronic monitoring~~

14 ~~must be provided with movement spread out over no fewer~~

15 ~~than two days per week, to participate in basic activities~~

16 ~~such as those listed in paragraph (A).~~

17 (B) The participant shall admit any person or agent

18 designated by the supervising authority into his or her

19 residence at any time for purposes of verifying the

20 participant's compliance with the conditions of his or her

21 detention.

22 (C) The participant shall make the necessary

23 arrangements to allow for any person or agent designated

24 by the supervising authority to visit the participant's

25 place of education or employment at any time, based upon

26 the approval of the educational institution employer or

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1 both, for the purpose of verifying the participant's

2 compliance with the conditions of his or her detention.

3 (D) The participant shall acknowledge and participate

4 with the approved electronic monitoring device as

5 designated by the supervising authority at any time for

6 the purpose of verifying the participant's compliance with

7 the conditions of his or her detention.

8 (E) The participant shall maintain the following:

9 (1) ~~access to~~ a working telephone in the

10 participant's home;

11 (2) a monitoring device in the participant's home,

12 or on the participant's person, or both; and

13 (3) a monitoring device in the participant's home

14 and on the participant's person in the absence of a

15 telephone.

16 (F) The participant shall obtain approval from the

17 supervising authority before the participant changes

18 residence or the schedule described in subsection (A) of

19 this Section. ~~Such approval shall not be unreasonably~~

20 ~~withheld.~~

21 (G) The participant shall not commit another crime

22 during the period of home detention ordered by the Court.

23 (H) Notice to the participant that violation of the

24 order for home detention may subject the participant to

25 prosecution for the crime of escape as described in

26 Section 5-8A-4.1.

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1 (I) The participant shall abide by other conditions as

2 set by the supervising authority.

3 (J) This Section takes effect January 1, 2022.

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

5 revised 8-3-21.)

6 (730 ILCS 5/5-8A-4.1)

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

8 of the electronic monitoring or home detention program.

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

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

11 committed by an adult, would constitute a felony,

12 conditionally released from the supervising authority through

13 an electronic monitoring or home detention program, who

14 knowingly violates a condition of the electronic monitoring or

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

16 ~~48 hours~~ is guilty of a Class 3 felony.

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

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

19 committed by an adult, would constitute a misdemeanor,

20 conditionally released from the supervising authority through

21 an electronic monitoring or home detention program, who

22 knowingly violates a condition of the electronic monitoring or

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

24 ~~48 hours~~ is guilty of a Class B misdemeanor.

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

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1 dangerous weapon is guilty of a Class 1 felony.

2 (Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17;

3 101-652.)

4 (730 ILCS 5/5-6-3.8 rep.)

5 Section 265. The Unified Code of Corrections is amended by

6 repealing Section 5-6-3.8.

7 Section 270. The Probation and Probation Officers Act is

8 amended by changing Section 18 as follows:

9 (730 ILCS 110/18)

10 Sec. 18. Probation and court services departments

11 considered pretrial services agencies. For the purposes of

12 administering the provisions of Public Act 95-773, known as

13 the Cindy Bischof Law, all probation and court services

14 departments are to be considered pretrial services agencies

15 under the Pretrial Services Act and under the ~~pretrial release~~

16 bail bond provisions of the Code of Criminal Procedure of

17 1963.

18 (Source: P.A. 96-341, eff. 8-11-09; 101-652.)

19 Section 275. The County Jail Act is amended by changing

20 Section 5 as follows:

21 (730 ILCS 125/5) (from Ch. 75, par. 105)

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1 Sec. 5. Costs of maintaining prisoners.

2 (a) Except as provided in subsections (b) and (c), all

3 costs of maintaining persons committed for violations of

4 Illinois law, shall be the responsibility of the county.

5 Except as provided in subsection (b), all costs of maintaining

6 persons committed under any ordinance or resolution of a unit

7 of local government, including medical costs, is the

8 responsibility of the unit of local government enacting the

9 ordinance or resolution, and arresting the person.

10 (b) If a person who is serving a term of mandatory

11 supervised release for a felony is incarcerated in a county

12 jail, the Illinois Department of Corrections shall pay the

13 county in which that jail is located one-half of the cost of

14 incarceration, as calculated by the Governor's Office of

15 Management and Budget and the county's chief financial

16 officer, for each day that the person remains in the county

17 jail after notice of the incarceration is given to the

18 Illinois Department of Corrections by the county, provided

19 that (i) the Illinois Department of Corrections has issued a

20 warrant for an alleged violation of mandatory supervised

21 release by the person; (ii) if the person is incarcerated on a

22 new charge, unrelated to the offense for which he or she is on

23 mandatory supervised release, there has been a court hearing

24 at which ~~the conditions of pretrial release have~~ bail has been

25 set on the new charge; (iii) the county has notified the

26 Illinois Department of Corrections that the person is

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1 incarcerated in the county jail, which notice shall not be

2 given until the bailhearing has concluded, if the person is

3 incarcerated on a new charge; and (iv) the person remains

4 incarcerated in the county jail for more than 48 hours after

5 the notice has been given to the Department of Corrections by

6 the county. Calculation of the per diem cost shall be agreed

7 upon prior to the passage of the annual State budget.

8 (c) If a person who is serving a term of mandatory

9 supervised release is incarcerated in a county jail, following

10 an arrest on a warrant issued by the Illinois Department of

11 Corrections, solely for violation of a condition of mandatory

12 supervised release and not on any new charges for a new

13 offense, then the Illinois Department of Corrections shall pay

14 the medical costs incurred by the county in securing treatment

15 for that person, for any injury or condition other than one

16 arising out of or in conjunction with the arrest of the person

17 or resulting from the conduct of county personnel, while he or

18 she remains in the county jail on the warrant issued by the

19 Illinois Department of Corrections.

20 (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07;

21 101-652.)

22 Section 280. The County Jail Good Behavior Allowance Act

23 is amended by changing Section 3 as follows:

24 (730 ILCS 130/3) (from Ch. 75, par. 32)

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1 Sec. 3. The good behavior of any person who commences a

2 sentence of confinement in a county jail for a fixed term of

3 imprisonment after January 1, 1987 shall entitle such person

4 to a good behavior allowance, except that: (1) a person who

5 inflicted physical harm upon another person in committing the

6 offense for which he is confined shall receive no good

7 behavior allowance; and (2) a person sentenced for an offense

8 for which the law provides a mandatory minimum sentence shall

9 not receive any portion of a good behavior allowance that

10 would reduce the sentence below the mandatory minimum; and (3)

11 a person sentenced to a county impact incarceration program;

12 and (4) a person who is convicted of criminal sexual assault

13 under subdivision (a)(3) of Section 11-1.20 or paragraph

14 (a)(3) of Section 12-13 of the Criminal Code of 1961 or the

15 Criminal Code of 2012, criminal sexual abuse, or aggravated

16 criminal sexual abuse shall receive no good behavior

17 allowance. The good behavior allowance provided for in this

18 Section shall not apply to individuals sentenced for a felony

19 to probation or conditional discharge where a condition of

20 such probation or conditional discharge is that the individual

21 serve a sentence of periodic imprisonment or to individuals

22 sentenced under an order of court for civil contempt.

23 Such good behavior allowance shall be cumulative and

24 awarded as provided in this Section.

25 The good behavior allowance rate shall be cumulative and

26 awarded on the following basis:

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1 The prisoner shall receive one day of good behavior

2 allowance for each day of service of sentence in the county

3 jail, and one day of good behavior allowance for each day of

4 incarceration in the county jail before sentencing for the

5 offense that he or she is currently serving sentence but was

6 unable to~~comply with the conditions of pretrial release~~ post

7 bail before sentencing, except that a prisoner serving a

8 sentence of periodic imprisonment under Section 5-7-1 of the

9 Unified Code of Corrections shall only be eligible to receive

10 good behavior allowance if authorized by the sentencing judge.

11 Each day of good behavior allowance shall reduce by one day the

12 prisoner's period of incarceration set by the court. For the

13 purpose of calculating a prisoner's good behavior allowance, a

14 fractional part of a day shall not be calculated as a day of

15 service of sentence in the county jail unless the fractional

16 part of the day is over 12 hours in which case a whole day

17 shall be credited on the good behavior allowance.

18 If consecutive sentences are served and the time served

19 amounts to a total of one year or more, the good behavior

20 allowance shall be calculated on a continuous basis throughout

21 the entire time served beginning on the first date of sentence

22 or incarceration, as the case may be.

23 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;

24 101-652.)

25 Section 285. The Veterans and Servicemembers Court

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1 Treatment Act is amended by changing Section 20 as follows:

2 (730 ILCS 167/20)

3 Sec. 20. Eligibility. Veterans and Servicemembers are

4 eligible for Veterans and Servicemembers Courts, provided the

5 following:

6 (a) A defendant, who is eligible for probation based on

7 the nature of the crime convicted of and in consideration of

8 his or her criminal background, if any, may be admitted into a

9 Veterans and Servicemembers Court program before adjudication

10 only upon the agreement of the defendant and with the approval

11 of the Court. A defendant may be admitted into a Veterans and

12 Servicemembers Court program post-adjudication only with the

13 approval of the court.

14 (b) A defendant shall be excluded from Veterans and

15 Servicemembers Court program if any of one of the following

16 applies:

17 (1) The crime is a crime of violence as set forth in

18 clause (3) of this subsection (b).

19 (2) The defendant does not demonstrate a willingness

20 to participate in a treatment program.

21 (3) The defendant has been convicted of a crime of

22 violence within the past 10 years excluding incarceration

23 time, including first degree murder, second degree murder,

24 predatory criminal sexual assault of a child, aggravated

25 criminal sexual assault, criminal sexual assault, armed

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1 robbery, aggravated arson, arson, aggravated kidnapping

2 and kidnapping, aggravated battery resulting in great

3 bodily harm or permanent disability, stalking, aggravated

4 stalking, or any offense involving the discharge of a

5 firearm.

6 (4) (Blank).

7 (5) ~~(Blank).~~ The crime for which the defendant has

8 been convicted is non-probationable.

9 (6) The sentence imposed on the defendant, whether the

10 result of a plea or a finding of guilt, renders the

11 defendant ineligible for probation.

12 (Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18;

13 101-652.)

14 Section 290. The Mental Health Court Treatment Act is

15 amended by changing Section 20 as follows:

16 (730 ILCS 168/20)

17 Sec. 20. Eligibility.

18 (a) A defendant, who is eligible for probation based on

19 the nature of the crime convicted of and in consideration of

20 his or her criminal background, if any, may be admitted into a

21 mental health court program only upon the agreement of the

22 defendant and with the approval of the court.

23 (b) A defendant shall be excluded from a mental health

24 court program if any one of the following applies:

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1 (1) The crime is a crime of violence as set forth in

2 clause (3) of this subsection (b).

3 (2) The defendant does not demonstrate a willingness

4 to participate in a treatment program.

5 (3) The defendant has been convicted of a crime of

6 violence within the past 10 years excluding incarceration

7 time. As used in this paragraph (3), "crime of violence"

8 means: first degree murder, second degree murder,

9 predatory criminal sexual assault of a child, aggravated

10 criminal sexual assault, criminal sexual assault, armed

11 robbery, aggravated arson, arson, aggravated kidnapping,

12 kidnapping, aggravated battery resulting in great bodily

13 harm or permanent disability, stalking, aggravated

14 stalking, or any offense involving the discharge of a

15 firearm.

16 (4) (Blank).

17 (5) ~~(Blank).~~ The crime for which the defendant has

18 been convicted is non-probationable.

19 (6) The sentence imposed on the defendant, whether the

20 result of a plea or a finding of guilt, renders the

21 defendant ineligible for probation.

22 (c) A defendant charged with prostitution under Section

23 11-14 of the Criminal Code of 2012 may be admitted into a

24 mental health court program, if available in the jurisdiction

25 and provided that the requirements in subsections (a) and (b)

26 are satisfied. Mental health court programs may include

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1 specialized service programs specifically designed to address

2 the trauma associated with prostitution and human trafficking,

3 and may offer those specialized services to defendants

4 admitted to the mental health court program. Judicial circuits

5 establishing these specialized programs shall partner with

6 prostitution and human trafficking advocates, survivors, and

7 service providers in the development of the programs.

8 (Source: P.A. 100-426, eff. 1-1-18; 101-652.)

9 Section 295. The Code of Civil Procedure is amended by

10 changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and

11 21-103 as follows:

12 (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)

13 Sec. 10-106. Grant of relief - Penalty. Unless it shall

14 appear from the complaint itself, or from the documents

15 thereto annexed, that the party can neither be discharged,

16 admitted to ~~pretrial release~~ bail nor otherwise relieved, the

17 court shall forthwith award relief by habeas corpus. Any judge

18 empowered to grant relief by habeas corpus who shall corruptly

19 refuse to grant the relief when legally applied for in a case

20 where it may lawfully be granted, or who shall for the purpose

21 of oppression unreasonably delay the granting of such relief

22 shall, for every such offense, forfeit to the prisoner or

23 party affected a sum not exceeding $1,000.

24 (Source: P.A. 83-707; 101-652.)

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1 (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)

2 Sec. 10-125. New commitment. In all cases where the

3 imprisonment is for a criminal, or supposed criminal matter,

4 if it appears to the court that there is sufficient legal cause

5 for the commitment of the prisoner, although such commitment

6 may have been informally made, or without due authority, or

7 the process may have been executed by a person not duly

8 authorized, the court shall make a new commitment in proper

9 form, and direct it to the proper officer, or admit the party

10 to ~~pretrial release~~ bailif the case is~~eligible for pretrial~~

11 ~~release~~ bailable. The court shall also, when necessary, take

12 the recognizance of all material witnesses against the

13 prisoner, as in other cases. The recognizances shall be in the

14 form provided by law, and returned as other recognizances. If

15 any judge shall neglect or refuse to bind any such prisoner or

16 witness by recognizance, or to return a recognizance when

17 taken as hereinabove stated, he or she shall be guilty of a

18 Class A misdemeanor in office, and be proceeded against

19 accordingly.

20 (Source: P.A. 82-280; 101-652.)

21 (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)

22 Sec. 10-127. Grant of habeas corpus. It is not lawful for

23 any court, on a second order of habeas corpus obtained by such

24 prisoner, to discharge the prisoner, if he or she is clearly

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1 and specifically charged in the warrant of commitment with a

2 criminal offense; but the court shall, on the return of such

3 second order, have power only to admit such prisoner to

4 ~~pretrial release~~ bail where the offense is ~~eligible for~~

5 ~~pretrial release~~ bailableby law, or remand him or her to

6 prison where the offense is not ~~eligible for pretrial release~~

7 bailable, or being ~~eligible for pretrial release~~ bailable,

8 where such prisoner fails to~~comply with the terms of pretrial~~

9 ~~release~~ give the bail required.

10 (Source: P.A. 82-280; 101-652.)

11 (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)

12 Sec. 10-135. Habeas corpus to testify. The several courts

13 having authority to grant relief by habeas corpus, may enter

14 orders, when necessary, to bring before them any prisoner to

15 testify, or to be surrendered in discharge of ~~pretrial release~~

16 bail, or for trial upon any criminal charge lawfully pending

17 in the same court or to testify in a criminal proceeding in

18 another state as provided for by Section 2 of the "Uniform Act

19 to secure the attendance of witnesses from within or without a

20 state in criminal proceedings", approved July 23, 1959, as

21 heretofore or hereafter amended; and the order may be directed

22 to any county in the State, and there be served and returned by

23 any officer to whom it is directed.

24 (Source: P.A. 82-280; 101-652.)

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1 (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)

2 Sec. 10-136. Prisoner remanded or punished. After a

3 prisoner has given his or her testimony, or been surrendered,

4 or his or her ~~pretrial release~~ bail discharged, or he or she

5 has been tried for the crime with which he or she is charged,

6 he or she shall be returned to the jail or other place of

7 confinement from which he or she was taken for that purpose. If

8 such prisoner is convicted of a crime punishable with death or

9 imprisonment in the penitentiary, he or she may be punished

10 accordingly; but in any case where the prisoner has been taken

11 from the penitentiary, and his or her punishment is by

12 imprisonment, the time of such imprisonment shall not commence

13 to run until the expiration of the time of service under any

14 former sentence.

15 (Source: P.A. 82-280; 101-652.)

16 (735 ILCS 5/21-103)

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

18 Sec. 21-103. Notice by publication.

19 (a) Previous notice shall be given of the intended

20 application by publishing a notice thereof in some newspaper

21 published in the municipality in which the person resides if

22 the municipality is in a county with a population under

23 2,000,000, or if the person does not reside in a municipality

24 in a county with a population under 2,000,000, or if no

25 newspaper is published in the municipality or if the person

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1 resides in a county with a population of 2,000,000 or more,

2 then in some newspaper published in the county where the

3 person resides, or if no newspaper is published in that

4 county, then in some convenient newspaper published in this

5 State. The notice shall be inserted for 3 consecutive weeks

6 after filing, the first insertion to be at least 6 weeks before

7 the return day upon which the petition is to be heard, and

8 shall be signed by the petitioner or, in case of a minor, the

9 minor's parent or guardian, and shall set forth the return day

10 of court on which the petition is to be heard and the name

11 sought to be assumed.

12 (b) The publication requirement of subsection (a) shall

13 not be required in any application for a change of name

14 involving a minor if, before making judgment under this

15 Article, reasonable notice and opportunity to be heard is

16 given to any parent whose parental rights have not been

17 previously terminated and to any person who has physical

18 custody of the child. If any of these persons are outside this

19 State, notice and opportunity to be heard shall be given under

20 Section 21-104.

21 (b-3) The publication requirement of subsection (a) shall

22 not be required in any application for a change of name

23 involving a person who has received a judgment for dissolution

24 of marriage or declaration of invalidity of marriage and

25 wishes to change his or her name to resume the use of his or

26 her former or maiden name.

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1 (b-5) Upon motion, the court may issue an order directing

2 that the notice and publication requirement be waived for a

3 change of name involving a person who files with the court a

4 written declaration that the person believes that publishing

5 notice of the name change would put the person at risk of

6 physical harm or discrimination. The person must provide

7 evidence to support the claim that publishing notice of the

8 name change would put the person at risk of physical harm or

9 discrimination.

10 (c) The Director of the Illinois State Police or his or her

11 designee may apply to the circuit court for an order directing

12 that the notice and publication requirements of this Section

13 be waived if the Director or his or her designee certifies that

14 the name change being sought is intended to protect a witness

15 during and following a criminal investigation or proceeding.

16 (c-1) The court may enter a written order waiving the

17 publication requirement of subsection (a) if:

18 (i) the petitioner is 18 years of age or older; and

19 (ii) concurrent with the petition, the petitioner

20 files with the court a statement, verified under oath as

21 provided under Section 1-109 of this Code, attesting that

22 the petitioner is or has been a person protected under the

23 Illinois Domestic Violence Act of 1986, the Stalking No

24 Contact Order Act, the Civil No Contact Order Act, Article

25 112A of the Code of Criminal Procedure of 1963, a

26 condition of bail under subsections (b) through (d) of

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1 Section 110-10 of the Code of Criminal Procedure of 1963,

2 or a similar provision of a law in another state or

3 jurisdiction.

4 The petitioner may attach to the statement any supporting

5 documents, including relevant court orders.

6 (c-2) If the petitioner files a statement attesting that

7 disclosure of the petitioner's address would put the

8 petitioner or any member of the petitioner's family or

9 household at risk or reveal the confidential address of a

10 shelter for domestic violence victims, that address may be

11 omitted from all documents filed with the court, and the

12 petitioner may designate an alternative address for service.

13 (c-3) Court administrators may allow domestic abuse

14 advocates, rape crisis advocates, and victim advocates to

15 assist petitioners in the preparation of name changes under

16 subsection (c-1).

17 (c-4) If the publication requirements of subsection (a)

18 have been waived, the circuit court shall enter an order

19 impounding the case.

20 (d) The maximum rate charged for publication of a notice

21 under this Section may not exceed the lowest classified rate

22 paid by commercial users for comparable space in the newspaper

23 in which the notice appears and shall include all cash

24 discounts, multiple insertion discounts, and similar benefits

25 extended to the newspaper's regular customers.

26 (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;

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1 102-538, eff. 8-20-21.)

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

3 Sec. 21-103. Notice by publication.

4 (a) Previous notice shall be given of the intended

5 application by publishing a notice thereof in some newspaper

6 published in the municipality in which the person resides if

7 the municipality is in a county with a population under

8 2,000,000, or if the person does not reside in a municipality

9 in a county with a population under 2,000,000, or if no

10 newspaper is published in the municipality or if the person

11 resides in a county with a population of 2,000,000 or more,

12 then in some newspaper published in the county where the

13 person resides, or if no newspaper is published in that

14 county, then in some convenient newspaper published in this

15 State. The notice shall be inserted for 3 consecutive weeks

16 after filing, the first insertion to be at least 6 weeks before

17 the return day upon which the petition is to be heard, and

18 shall be signed by the petitioner or, in case of a minor, the

19 minor's parent or guardian, and shall set forth the return day

20 of court on which the petition is to be heard and the name

21 sought to be assumed.

22 (b) The publication requirement of subsection (a) shall

23 not be required in any application for a change of name

24 involving a minor if, before making judgment under this

25 Article, reasonable notice and opportunity to be heard is

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1 given to any parent whose parental rights have not been

2 previously terminated and to any person who has physical

3 custody of the child. If any of these persons are outside this

4 State, notice and opportunity to be heard shall be given under

5 Section 21-104.

6 (b-3) The publication requirement of subsection (a) shall

7 not be required in any application for a change of name

8 involving a person who has received a judgment for dissolution

9 of marriage or declaration of invalidity of marriage and

10 wishes to change his or her name to resume the use of his or

11 her former or maiden name.

12 (b-5) Upon motion, the court may issue an order directing

13 that the notice and publication requirement be waived for a

14 change of name involving a person who files with the court a

15 written declaration that the person believes that publishing

16 notice of the name change would put the person at risk of

17 physical harm or discrimination. The person must provide

18 evidence to support the claim that publishing notice of the

19 name change would put the person at risk of physical harm or

20 discrimination.

21 (c) The Director of the Illinois State Police or his or her

22 designee may apply to the circuit court for an order directing

23 that the notice and publication requirements of this Section

24 be waived if the Director or his or her designee certifies that

25 the name change being sought is intended to protect a witness

26 during and following a criminal investigation or proceeding.

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1 (c-1) The court may enter a written order waiving the

2 publication requirement of subsection (a) if:

3 (i) the petitioner is 18 years of age or older; and

4 (ii) concurrent with the petition, the petitioner

5 files with the court a statement, verified under oath as

6 provided under Section 1-109 of this Code, attesting that

7 the petitioner is or has been a person protected under the

8 Illinois Domestic Violence Act of 1986, the Stalking No

9 Contact Order Act, the Civil No Contact Order Act, Article

10 112A of the Code of Criminal Procedure of 1963, a

11 condition of ~~pretrial release~~ bail under subsections (b)

12 through (d) of Section 110-10 of the Code of Criminal

13 Procedure of 1963, or a similar provision of a law in

14 another state or jurisdiction.

15 The petitioner may attach to the statement any supporting

16 documents, including relevant court orders.

17 (c-2) If the petitioner files a statement attesting that

18 disclosure of the petitioner's address would put the

19 petitioner or any member of the petitioner's family or

20 household at risk or reveal the confidential address of a

21 shelter for domestic violence victims, that address may be

22 omitted from all documents filed with the court, and the

23 petitioner may designate an alternative address for service.

24 (c-3) Court administrators may allow domestic abuse

25 advocates, rape crisis advocates, and victim advocates to

26 assist petitioners in the preparation of name changes under

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1 subsection (c-1).

2 (c-4) If the publication requirements of subsection (a)

3 have been waived, the circuit court shall enter an order

4 impounding the case.

5 (d) The maximum rate charged for publication of a notice

6 under this Section may not exceed the lowest classified rate

7 paid by commercial users for comparable space in the newspaper

8 in which the notice appears and shall include all cash

9 discounts, multiple insertion discounts, and similar benefits

10 extended to the newspaper's regular customers.

11 (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;

12 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised

13 10-12-21.)

14 Section 300. The Civil No Contact Order Act is amended by

15 changing Section 220 as follows:

16 (740 ILCS 22/220)

17 Sec. 220. Enforcement of a civil no contact order.

18 (a) Nothing in this Act shall preclude any Illinois court

19 from enforcing a valid protective order issued in another

20 state.

21 (b) Illinois courts may enforce civil no contact orders

22 through both criminal proceedings and civil contempt

23 proceedings, unless the action which is second in time is

24 barred by collateral estoppel or the constitutional

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1 prohibition against double jeopardy.

2 (b-1) The court shall not hold a school district or

3 private or non-public school or any of its employees in civil

4 or criminal contempt unless the school district or private or

5 non-public school has been allowed to intervene.

6 (b-2) The court may hold the parents, guardian, or legal

7 custodian of a minor respondent in civil or criminal contempt

8 for a violation of any provision of any order entered under

9 this Act for conduct of the minor respondent in violation of

10 this Act if the parents, guardian, or legal custodian

11 directed, encouraged, or assisted the respondent minor in such

12 conduct.

13 (c) Criminal prosecution. A violation of any civil no

14 contact order, whether issued in a civil or criminal

15 proceeding, shall be enforced by a criminal court when the

16 respondent commits the crime of violation of a civil no

17 contact order pursuant to Section 219 by having knowingly

18 violated:

19 (1) remedies described in Section 213 and included in

20 a civil no contact order; or

21 (2) a provision of an order, which is substantially

22 similar to provisions of Section 213, in a valid civil no

23 contact order which is authorized under the laws of

24 another state, tribe, or United States territory.

25 Prosecution for a violation of a civil no contact order

26 shall not bar a concurrent prosecution for any other crime,

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1 including any crime that may have been committed at the time of

2 the violation of the civil no contact order.

3 (d) Contempt of court. A violation of any valid Illinois

4 civil no contact order, whether issued in a civil or criminal

5 proceeding, may be enforced through civil or criminal contempt

6 procedures, as appropriate, by any court with jurisdiction,

7 regardless of where the act or acts which violated the civil no

8 contact order were committed, to the extent consistent with

9 the venue provisions of this Act.

10 (1) In a contempt proceeding where the petition for a

11 rule to show cause or petition for adjudication of

12 criminal contempt sets forth facts evidencing an immediate

13 danger that the respondent will flee the jurisdiction or

14 inflict physical abuse on the petitioner or minor children

15 or on dependent adults in the petitioner's care, the court

16 may order the attachment of the respondent without prior

17 service of the petition for a rule to show cause, the rule

18 to show cause, the petition for adjudication of criminal

19 contempt or the adjudication of criminal contempt.

20 ~~Conditions of release~~ Bond shall be set unless

21 specifically denied in writing.

22 (2) A petition for a rule to show cause or a petition

23 for adjudication of criminal contempt for violation of a

24 civil no contact order shall be treated as an expedited

25 proceeding.

26 (e) Actual knowledge. A civil no contact order may be

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1 enforced pursuant to this Section if the respondent violates

2 the order after the respondent has actual knowledge of its

3 contents as shown through one of the following means:

4 (1) by service, delivery, or notice under Section 208;

5 (2) by notice under Section 218;

6 (3) by service of a civil no contact order under

7 Section 218; or

8 (4) by other means demonstrating actual knowledge of

9 the contents of the order.

10 (f) The enforcement of a civil no contact order in civil or

11 criminal court shall not be affected by either of the

12 following:

13 (1) the existence of a separate, correlative order,

14 entered under Section 202; or

15 (2) any finding or order entered in a conjoined

16 criminal proceeding.

17 (g) Circumstances. The court, when determining whether or

18 not a violation of a civil no contact order has occurred, shall

19 not require physical manifestations of abuse on the person of

20 the victim.

21 (h) Penalties.

22 (1) Except as provided in paragraph (3) of this

23 subsection, where the court finds the commission of a

24 crime or contempt of court under subsection (a) or (b) of

25 this Section, the penalty shall be the penalty that

26 generally applies in such criminal or contempt

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1 proceedings, and may include one or more of the following:

2 incarceration, payment of restitution, a fine, payment of

3 attorneys' fees and costs, or community service.

4 (2) The court shall hear and take into account

5 evidence of any factors in aggravation or mitigation

6 before deciding an appropriate penalty under paragraph (1)

7 of this subsection.

8 (3) To the extent permitted by law, the court is

9 encouraged to:

10 (i) increase the penalty for the knowing violation

11 of any civil no contact order over any penalty

12 previously imposed by any court for respondent's

13 violation of any civil no contact order or penal

14 statute involving petitioner as victim and respondent

15 as defendant;

16 (ii) impose a minimum penalty of 24 hours

17 imprisonment for respondent's first violation of any

18 civil no contact order; and

19 (iii) impose a minimum penalty of 48 hours

20 imprisonment for respondent's second or subsequent

21 violation of a civil no contact order unless the court

22 explicitly finds that an increased penalty or that

23 period of imprisonment would be manifestly unjust.

24 (4) In addition to any other penalties imposed for a

25 violation of a civil no contact order, a criminal court

26 may consider evidence of any previous violations of a

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1 civil no contact order:

2 (i) to increase, revoke or modify the ~~conditions~~

3 ~~of pretrial release~~ bail bond on an underlying

4 criminal charge pursuant to Section 110-6 of the Code

5 of Criminal Procedure of 1963;

6 (ii) to revoke or modify an order of probation,

7 conditional discharge or supervision, pursuant to

8 Section 5-6-4 of the Unified Code of Corrections; or

9 (iii) to revoke or modify a sentence of periodic

10 imprisonment, pursuant to Section 5-7-2 of the Unified

11 Code of Corrections.

12 (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;

13 101-652.)

14 Section 305. The Illinois Domestic Violence Act of 1986 is

15 amended by changing Sections 223 and 301 as follows:

16 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)

17 Sec. 223. Enforcement of orders of protection.

18 (a) When violation is crime. A violation of any order of

19 protection, whether issued in a civil or criminal proceeding,

20 shall be enforced by a criminal court when:

21 (1) The respondent commits the crime of violation of

22 an order of protection pursuant to Section 12-3.4 or 12-30

23 of the Criminal Code of 1961 or the Criminal Code of 2012,

24 by having knowingly violated:

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1 (i) remedies described in paragraphs (1), (2),

2 (3), (14), or (14.5) of subsection (b) of Section 214

3 of this Act; or

4 (ii) a remedy, which is substantially similar to

5 the remedies authorized under paragraphs (1), (2),

6 (3), (14), and (14.5) of subsection (b) of Section 214

7 of this Act, in a valid order of protection which is

8 authorized under the laws of another state, tribe, or

9 United States territory; or

10 (iii) any other remedy when the act constitutes a

11 crime against the protected parties as defined by the

12 Criminal Code of 1961 or the Criminal Code of 2012.

13 Prosecution for a violation of an order of protection

14 shall not bar concurrent prosecution for any other crime,

15 including any crime that may have been committed at the

16 time of the violation of the order of protection; or

17 (2) The respondent commits the crime of child

18 abduction pursuant to Section 10-5 of the Criminal Code of

19 1961 or the Criminal Code of 2012, by having knowingly

20 violated:

21 (i) remedies described in paragraphs (5), (6) or

22 (8) of subsection (b) of Section 214 of this Act; or

23 (ii) a remedy, which is substantially similar to

24 the remedies authorized under paragraphs (5), (6), or

25 (8) of subsection (b) of Section 214 of this Act, in a

26 valid order of protection which is authorized under

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1 the laws of another state, tribe, or United States

2 territory.

3 (b) When violation is contempt of court. A violation of

4 any valid Illinois order of protection, whether issued in a

5 civil or criminal proceeding, may be enforced through civil or

6 criminal contempt procedures, as appropriate, by any court

7 with jurisdiction, regardless where the act or acts which

8 violated the order of protection were committed, to the extent

9 consistent with the venue provisions of this Act. Nothing in

10 this Act shall preclude any Illinois court from enforcing any

11 valid order of protection issued in another state. Illinois

12 courts may enforce orders of protection through both criminal

13 prosecution and contempt proceedings, unless the action which

14 is second in time is barred by collateral estoppel or the

15 constitutional prohibition against double jeopardy.

16 (1) In a contempt proceeding where the petition for a

17 rule to show cause sets forth facts evidencing an

18 immediate danger that the respondent will flee the

19 jurisdiction, conceal a child, or inflict physical abuse

20 on the petitioner or minor children or on dependent adults

21 in petitioner's care, the court may order the attachment

22 of the respondent without prior service of the rule to

23 show cause or the petition for a rule to show cause.

24 ~~Conditions of release~~ Bondshall be set unless

25 specifically denied in writing.

26 (2) A petition for a rule to show cause for violation

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1 of an order of protection shall be treated as an expedited

2 proceeding.

3 (b-1) The court shall not hold a school district or

4 private or non-public school or any of its employees in civil

5 or criminal contempt unless the school district or private or

6 non-public school has been allowed to intervene.

7 (b-2) The court may hold the parents, guardian, or legal

8 custodian of a minor respondent in civil or criminal contempt

9 for a violation of any provision of any order entered under

10 this Act for conduct of the minor respondent in violation of

11 this Act if the parents, guardian, or legal custodian

12 directed, encouraged, or assisted the respondent minor in such

13 conduct.

14 (c) Violation of custody or support orders or temporary or

15 final judgments allocating parental responsibilities. A

16 violation of remedies described in paragraphs (5), (6), (8),

17 or (9) of subsection (b) of Section 214 of this Act may be

18 enforced by any remedy provided by Section 607.5 of the

19 Illinois Marriage and Dissolution of Marriage Act. The court

20 may enforce any order for support issued under paragraph (12)

21 of subsection (b) of Section 214 in the manner provided for

22 under Parts V and VII of the Illinois Marriage and Dissolution

23 of Marriage Act.

24 (d) Actual knowledge. An order of protection may be

25 enforced pursuant to this Section if the respondent violates

26 the order after the respondent has actual knowledge of its

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1 contents as shown through one of the following means:

2 (1) By service, delivery, or notice under Section 210.

3 (2) By notice under Section 210.1 or 211.

4 (3) By service of an order of protection under Section

5 222.

6 (4) By other means demonstrating actual knowledge of

7 the contents of the order.

8 (e) The enforcement of an order of protection in civil or

9 criminal court shall not be affected by either of the

10 following:

11 (1) The existence of a separate, correlative order,

12 entered under Section 215.

13 (2) Any finding or order entered in a conjoined

14 criminal proceeding.

15 (f) Circumstances. The court, when determining whether or

16 not a violation of an order of protection has occurred, shall

17 not require physical manifestations of abuse on the person of

18 the victim.

19 (g) Penalties.

20 (1) Except as provided in paragraph (3) of this

21 subsection, where the court finds the commission of a

22 crime or contempt of court under subsections (a) or (b) of

23 this Section, the penalty shall be the penalty that

24 generally applies in such criminal or contempt

25 proceedings, and may include one or more of the following:

26 incarceration, payment of restitution, a fine, payment of

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1 attorneys' fees and costs, or community service.

2 (2) The court shall hear and take into account

3 evidence of any factors in aggravation or mitigation

4 before deciding an appropriate penalty under paragraph (1)

5 of this subsection.

6 (3) To the extent permitted by law, the court is

7 encouraged to:

8 (i) increase the penalty for the knowing violation

9 of any order of protection over any penalty previously

10 imposed by any court for respondent's violation of any

11 order of protection or penal statute involving

12 petitioner as victim and respondent as defendant;

13 (ii) impose a minimum penalty of 24 hours

14 imprisonment for respondent's first violation of any

15 order of protection; and

16 (iii) impose a minimum penalty of 48 hours

17 imprisonment for respondent's second or subsequent

18 violation of an order of protection

19 unless the court explicitly finds that an increased

20 penalty or that period of imprisonment would be manifestly

21 unjust.

22 (4) In addition to any other penalties imposed for a

23 violation of an order of protection, a criminal court may

24 consider evidence of any violations of an order of

25 protection:

26 (i) to increase, revoke or modify the ~~conditions~~

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1 ~~of pretrial release~~ bail bondon an underlying

2 criminal charge pursuant to Section 110-6 of the Code

3 of Criminal Procedure of 1963;

4 (ii) to revoke or modify an order of probation,

5 conditional discharge or supervision, pursuant to

6 Section 5-6-4 of the Unified Code of Corrections;

7 (iii) to revoke or modify a sentence of periodic

8 imprisonment, pursuant to Section 5-7-2 of the Unified

9 Code of Corrections.

10 (5) In addition to any other penalties, the court

11 shall impose an additional fine of $20 as authorized by

12 Section 5-9-1.11 of the Unified Code of Corrections upon

13 any person convicted of or placed on supervision for a

14 violation of an order of protection. The additional fine

15 shall be imposed for each violation of this Section.

16 (Source: P.A. 99-90, eff. 1-1-16; 101-652.)

17 (750 ILCS 60/301) (from Ch. 40, par. 2313-1)

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

19 Sec. 301. Arrest without warrant.

20 (a) Any law enforcement officer may make an arrest without

21 warrant if the officer has probable cause to believe that the

22 person has committed or is committing any crime, including but

23 not limited to violation of an order of protection, under

24 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

25 Criminal Code of 2012, even if the crime was not committed in

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1 the presence of the officer.

2 (b) The law enforcement officer may verify the existence

3 of an order of protection by telephone or radio communication

4 with his or her law enforcement agency or by referring to the

5 copy of the order, or order of protection described on a Hope

6 Card under Section 219.5, provided by the petitioner or

7 respondent.

8 (c) Any law enforcement officer may make an arrest without

9 warrant if the officer has reasonable grounds to believe a

10 defendant at liberty under the provisions of subdivision

11 (d)(1) or (d)(2) of Section 110-10 of the Code of Criminal

12 Procedure of 1963 has violated a condition of his or her bail

13 bond or recognizance.

14 (Source: P.A. 102-481, eff. 1-1-22.)

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

16 Sec. 301. Arrest without warrant.

17 (a) Any law enforcement officer may make an arrest without

18 warrant if the officer has probable cause to believe that the

19 person has committed or is committing any crime, including but

20 not limited to violation of an order of protection, under

21 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, even if the crime was not committed in

23 the presence of the officer.

24 (b) The law enforcement officer may verify the existence

25 of an order of protection by telephone or radio communication

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1 with his or her law enforcement agency or by referring to the

2 copy of the order, or order of protection described on a Hope

3 Card under Section 219.5, provided by the petitioner or

4 respondent.

5 (c) Any law enforcement officer may make an arrest without

6 warrant if the officer has reasonable grounds to believe a

7 defendant at liberty under the provisions of subdivision

8 (d)(1) or (d)(2) of Section 110-10 of the Code of Criminal

9 Procedure of 1963 has violated a condition of his or her

10 ~~pretrial release~~ bail bond or recognizance.

11 (Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;

12 revised 10-14-21.)

13 Section 310. The Industrial and Linen Supplies Marking Law

14 is amended by changing Section 11 as follows:

15 (765 ILCS 1045/11) (from Ch. 140, par. 111)

16 Sec. 11. Search warrant.

17 Whenever the registrant, or officer, or authorized agent

18 of any firm, partnership or corporation which is a registrant

19 under this Act, takes an oath before any circuit court, that he

20 has reason to believe that any supplies are being unlawfully

21 used, sold, or secreted in any place, the court shall issue a

22 search warrant to any police officer authorizing such officer

23 to search the premises wherein it is alleged such articles may

24 be found and take into custody any person in whose possession

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1 the articles are found. Any person so seized shall be taken

2 without unnecessary delay before the court issuing the search

3 warrant. The court is empowered to impose ~~conditions of~~

4 ~~pretrial release~~ bailon any such person to compel his

5 attendance at any continued hearing.

6 (Source: P.A. 77-1273; 101-652.)

7 Section 315. The Illinois Torture Inquiry and Relief

8 Commission Act is amended by changing Section 50 as follows:

9 (775 ILCS 40/50)

10 Sec. 50. Post-commission judicial review.

11 (a) If the Commission concludes there is sufficient

12 evidence of torture to merit judicial review, the Chair of the

13 Commission shall request the Chief Judge of the Circuit Court

14 of Cook County for assignment to a trial judge for

15 consideration. The court may receive proof by affidavits,

16 depositions, oral testimony, or other evidence. In its

17 discretion the court may order the petitioner brought before

18 the court for the hearing. Notwithstanding the status of any

19 other postconviction proceedings relating to the petitioner,

20 if the court finds in favor of the petitioner, it shall enter

21 an appropriate order with respect to the judgment or sentence

22 in the former proceedings and such supplementary orders as to

23 rearraignment, retrial, custody,~~pretrial release~~ bail or

24 discharge, or for such relief as may be granted under a

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1 petition for a certificate of innocence, as may be necessary

2 and proper.

3 (b) The State's Attorney, or the State's Attorney's

4 designee, shall represent the State at the hearing before the

5 assigned judge.

6 (Source: P.A. 96-223, eff. 8-10-09; 101-652.)

7 Section 320. The Unemployment Insurance Act is amended by

8 changing Section 602 as follows:

9 (820 ILCS 405/602) (from Ch. 48, par. 432)

10 Sec. 602. Discharge for misconduct - Felony.

11 A. An individual shall be ineligible for benefits for the

12 week in which he has been discharged for misconduct connected

13 with his work and, thereafter, until he has become reemployed

14 and has had earnings equal to or in excess of his current

15 weekly benefit amount in each of four calendar weeks which are

16 either for services in employment, or have been or will be

17 reported pursuant to the provisions of the Federal Insurance

18 Contributions Act by each employing unit for which such

19 services are performed and which submits a statement

20 certifying to that fact. The requalification requirements of

21 the preceding sentence shall be deemed to have been satisfied,

22 as of the date of reinstatement, if, subsequent to his

23 discharge by an employing unit for misconduct connected with

24 his work, such individual is reinstated by such employing

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1 unit. For purposes of this subsection, the term "misconduct"

2 means the deliberate and willful violation of a reasonable

3 rule or policy of the employing unit, governing the

4 individual's behavior in performance of his work, provided

5 such violation has harmed the employing unit or other

6 employees or has been repeated by the individual despite a

7 warning or other explicit instruction from the employing unit.

8 The previous definition notwithstanding, "misconduct" shall

9 include any of the following work-related circumstances:

10 1. Falsification of an employment application, or any

11 other documentation provided to the employer, to obtain

12 employment through subterfuge.

13 2. Failure to maintain licenses, registrations, and

14 certifications reasonably required by the employer, or

15 those that the individual is required to possess by law,

16 to perform his or her regular job duties, unless the

17 failure is not within the control of the individual.

18 3. Knowing, repeated violation of the attendance

19 policies of the employer that are in compliance with State

20 and federal law following a written warning for an

21 attendance violation, unless the individual can

22 demonstrate that he or she has made a reasonable effort to

23 remedy the reason or reasons for the violations or that

24 the reason or reasons for the violations were out of the

25 individual's control. Attendance policies of the employer

26 shall be reasonable and provided to the individual in

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1 writing, electronically, or via posting in the workplace.

2 4. Damaging the employer's property through conduct

3 that is grossly negligent.

4 5. Refusal to obey an employer's reasonable and lawful

5 instruction, unless the refusal is due to the lack of

6 ability, skills, or training for the individual required

7 to obey the instruction or the instruction would result in

8 an unsafe act.

9 6. Consuming alcohol or illegal or non-prescribed

10 prescription drugs, or using an impairing substance in an

11 off-label manner, on the employer's premises during

12 working hours in violation of the employer's policies.

13 7. Reporting to work under the influence of alcohol,

14 illegal or non-prescribed prescription drugs, or an

15 impairing substance used in an off-label manner in

16 violation of the employer's policies, unless the

17 individual is compelled to report to work by the employer

18 outside of scheduled and on-call working hours and informs

19 the employer that he or she is under the influence of

20 alcohol, illegal or non-prescribed prescription drugs, or

21 an impairing substance used in an off-label manner in

22 violation of the employer's policies.

23 8. Grossly negligent conduct endangering the safety of

24 the individual or co-workers.

25 For purposes of paragraphs 4 and 8, conduct is "grossly

26 negligent" when the individual is, or reasonably should be,

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1 aware of a substantial risk that the conduct will result in the

2 harm sought to be prevented and the conduct constitutes a

3 substantial deviation from the standard of care a reasonable

4 person would exercise in the situation.

5 Nothing in paragraph 6 or 7 prohibits the lawful use of

6 over-the-counter drug products as defined in Section 206 of

7 the Illinois Controlled Substances Act, provided that the

8 medication does not affect the safe performance of the

9 employee's work duties.

10 B. Notwithstanding any other provision of this Act, no

11 benefit rights shall accrue to any individual based upon wages

12 from any employer for service rendered prior to the day upon

13 which such individual was discharged because of the commission

14 of a felony in connection with his work, or because of theft in

15 connection with his work, for which the employer was in no way

16 responsible; provided, that the employer notified the Director

17 of such possible ineligibility within the time limits

18 specified by regulations of the Director, and that the

19 individual has admitted his commission of the felony or theft

20 to a representative of the Director, or has signed a written

21 admission of such act and such written admission has been

22 presented to a representative of the Director, or such act has

23 resulted in a conviction or order of supervision by a court of

24 competent jurisdiction; and provided further, that if by

25 reason of such act, he is in legal custody, held on~~pretrial~~

26 ~~release~~ bailor is a fugitive from justice, the determination

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1 of his benefit rights shall be held in abeyance pending the

2 result of any legal proceedings arising therefrom.

3 (Source: P.A. 99-488, eff. 1-3-16; 101-652.)

4 (730 ILCS 5/3-6-7.1 rep.)

5 (730 ILCS 5/3-6-7.2 rep.)

6 (730 ILCS 5/3-6-7.3 rep.)

7 (730 ILCS 5/3-6-7.4 rep.)

8 Section 325. The Unified Code of Corrections is amended by

9 repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.

10 (730 ILCS 125/17.6 rep.)

11 (730 ILCS 125/17.7 rep.)

12 (730 ILCS 125/17.8 rep.)

13 (730 ILCS 125/17.9 rep.)

14 Section 330. The County Jail Act is amended by repealing

15 Sections 17.6, 17.7, 17.8, and 17.9.

16 Section 335. The Unified Code of Corrections is amended by

17 changing Section 5-4-1 as follows:

18 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

19 Sec. 5-4-1. Sentencing hearing.

20 (a) Except when the death penalty is sought under hearing

21 procedures otherwise specified, after a determination of

22 guilt, a hearing shall be held to impose the sentence.

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1 However, prior to the imposition of sentence on an individual

2 being sentenced for an offense based upon a charge for a

3 violation of Section 11-501 of the Illinois Vehicle Code or a

4 similar provision of a local ordinance, the individual must

5 undergo a professional evaluation to determine if an alcohol

6 or other drug abuse problem exists and the extent of such a

7 problem. Programs conducting these evaluations shall be

8 licensed by the Department of Human Services. However, if the

9 individual is not a resident of Illinois, the court may, in its

10 discretion, accept an evaluation from a program in the state

11 of such individual's residence. The court may in its

12 sentencing order approve an eligible defendant for placement

13 in a Department of Corrections impact incarceration program as

14 provided in Section 5-8-1.1 or 5-8-1.3. The court may in its

15 sentencing order recommend a defendant for placement in a

16 Department of Corrections substance abuse treatment program as

17 provided in paragraph (a) of subsection (1) of Section 3-2-2

18 conditioned upon the defendant being accepted in a program by

19 the Department of Corrections. At the hearing the court shall:

20 (1) consider the evidence, if any, received upon the

21 trial;

22 (2) consider any presentence reports;

23 (3) consider the financial impact of incarceration

24 based on the financial impact statement filed with the

25 clerk of the court by the Department of Corrections;

26 (4) consider evidence and information offered by the

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1 parties in aggravation and mitigation;

2 (4.5) consider substance abuse treatment, eligibility

3 screening, and an assessment, if any, of the defendant by

4 an agent designated by the State of Illinois to provide

5 assessment services for the Illinois courts;

6 (5) hear arguments as to sentencing alternatives;

7 (6) afford the defendant the opportunity to make a

8 statement in his own behalf;

9 (7) afford the victim of a violent crime or a

10 violation of Section 11-501 of the Illinois Vehicle Code,

11 or a similar provision of a local ordinance, the

12 opportunity to present an oral or written statement, as

13 guaranteed by Article I, Section 8.1 of the Illinois

14 Constitution and provided in Section 6 of the Rights of

15 Crime Victims and Witnesses Act. The court shall allow a

16 victim to make an oral statement if the victim is present

17 in the courtroom and requests to make an oral or written

18 statement. An oral or written statement includes the

19 victim or a representative of the victim reading the

20 written statement. The court may allow persons impacted by

21 the crime who are not victims under subsection (a) of

22 Section 3 of the Rights of Crime Victims and Witnesses Act

23 to present an oral or written statement. A victim and any

24 person making an oral statement shall not be put under

25 oath or subject to cross-examination. All statements

26 offered under this paragraph (7) shall become part of the

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1 record of the court. In this paragraph (7), "victim of a

2 violent crime" means a person who is a victim of a violent

3 crime for which the defendant has been convicted after a

4 bench or jury trial or a person who is the victim of a

5 violent crime with which the defendant was charged and the

6 defendant has been convicted under a plea agreement of a

7 crime that is not a violent crime as defined in subsection

8 (c) of 3 of the Rights of Crime Victims and Witnesses Act;

9 (7.5) afford a qualified person affected by: (i) a

10 violation of Section 405, 405.1, 405.2, or 407 of the

11 Illinois Controlled Substances Act or a violation of

12 Section 55 or Section 65 of the Methamphetamine Control

13 and Community Protection Act; or (ii) a Class 4 felony

14 violation of Section 11-14, 11-14.3 except as described in

15 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

16 11-18.1, or 11-19 of the Criminal Code of 1961 or the

17 Criminal Code of 2012, committed by the defendant the

18 opportunity to make a statement concerning the impact on

19 the qualified person and to offer evidence in aggravation

20 or mitigation; provided that the statement and evidence

21 offered in aggravation or mitigation shall first be

22 prepared in writing in conjunction with the State's

23 Attorney before it may be presented orally at the hearing.

24 Sworn testimony offered by the qualified person is subject

25 to the defendant's right to cross-examine. All statements

26 and evidence offered under this paragraph (7.5) shall

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1 become part of the record of the court. In this paragraph

2 (7.5), "qualified person" means any person who: (i) lived

3 or worked within the territorial jurisdiction where the

4 offense took place when the offense took place; or (ii) is

5 familiar with various public places within the territorial

6 jurisdiction where the offense took place when the offense

7 took place. "Qualified person~~"~~ includes any peace officer

8 or any member of any duly organized State, county, or

9 municipal peace officer unit assigned to the territorial

10 jurisdiction where the offense took place when the offense

11 took place;

12 (8) in cases of reckless homicide afford the victim's

13 spouse, guardians, parents or other immediate family

14 members an opportunity to make oral statements;

15 (9) in cases involving a felony sex offense as defined

16 under the Sex Offender Management Board Act, consider the

17 results of the sex offender evaluation conducted pursuant

18 to Section 5-3-2 of this Act; and

19 (10) make a finding of whether a motor vehicle was

20 used in the commission of the offense for which the

21 defendant is being sentenced.

22 (b) All sentences shall be imposed by the judge based upon

23 his independent assessment of the elements specified above and

24 any agreement as to sentence reached by the parties. The judge

25 who presided at the trial or the judge who accepted the plea of

26 guilty shall impose the sentence unless he is no longer

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1 sitting as a judge in that court. Where the judge does not

2 impose sentence at the same time on all defendants who are

3 convicted as a result of being involved in the same offense,

4 the defendant or the State's Attorney may advise the

5 sentencing court of the disposition of any other defendants

6 who have been sentenced.

7 (b-1) In imposing a sentence of imprisonment or periodic

8 imprisonment for a Class 3 or Class 4 felony for which a

9 sentence of probation or conditional discharge is an available

10 sentence, if the defendant has no prior sentence of probation

11 or conditional discharge and no prior conviction for a violent

12 crime, the defendant shall not be sentenced to imprisonment

13 before review and consideration of a presentence report and

14 determination and explanation of why the particular evidence,

15 information, factor in aggravation, factual finding, or other

16 reasons support a sentencing determination that one or more of

17 the factors under subsection (a) of Section 5-6-1 of this Code

18 apply and that probation or conditional discharge is not an

19 appropriate sentence.

20 (c) In imposing a sentence for a violent crime or for an

21 offense of operating or being in physical control of a vehicle

22 while under the influence of alcohol, any other drug or any

23 combination thereof, or a similar provision of a local

24 ordinance, when such offense resulted in the personal injury

25 to someone other than the defendant, the trial judge shall

26 specify on the record the particular evidence, information,

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1 factors in mitigation and aggravation or other reasons that

2 led to his sentencing determination. The full verbatim record

3 of the sentencing hearing shall be filed with the clerk of the

4 court and shall be a public record.

5 (c-1) In imposing a sentence for the offense of aggravated

6 kidnapping for ransom, home invasion, armed robbery,

7 aggravated vehicular hijacking, aggravated discharge of a

8 firearm, or armed violence with a category I weapon or

9 category II weapon, the trial judge shall make a finding as to

10 whether the conduct leading to conviction for the offense

11 resulted in great bodily harm to a victim, and shall enter that

12 finding and the basis for that finding in the record.

13 ~~(c-1.5) Notwithstanding any other provision of law to the~~

14 ~~contrary, in imposing a sentence for an offense that requires~~

15 ~~a mandatory minimum sentence of imprisonment, the court may~~

16 ~~instead sentence the offender to probation, conditional~~

17 ~~discharge, or a lesser term of imprisonment it deems~~

18 ~~appropriate if: (1) the offense involves the use or possession~~

19 ~~of drugs, retail theft, or driving on a revoked license due to~~

20 ~~unpaid financial obligations; (2) the court finds that the~~

21 ~~defendant does not pose a risk to public safety; and (3) the~~

22 ~~interest of justice requires imposing a term of probation,~~

23 ~~conditional discharge, or a lesser term of imprisonment. The~~

24 ~~court must state on the record its reasons for imposing~~

25 ~~probation, conditional discharge, or a lesser term of~~

26 ~~imprisonment.~~

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