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| 1 | AN ACT concerning public safety. | |||||||||||||||||||
| 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 5. The Statewide Use of Force Standardization Act | |||||||||||||||||||
| 6 | is repealed. | |||||||||||||||||||
| 7 | (730 ILCS 205/Act rep.) | |||||||||||||||||||
| 8 | Section 10. The No Representation Without Population Act | |||||||||||||||||||
| 9 | is repealed. | |||||||||||||||||||
| 10 | (730 ILCS 210/Act rep.) | |||||||||||||||||||
| 11 | Section 15. The Reporting of Deaths in Custody Act is | |||||||||||||||||||
| 12 | repealed. | |||||||||||||||||||
| 13 | (5 ILCS 70/1.43 rep.) | |||||||||||||||||||
| 14 | Section 20. The Statute on Statutes is amended by | |||||||||||||||||||
| 15 | repealing Section 1.43. | |||||||||||||||||||
| 16 | (5 ILCS 100/5-45.35 rep.) | |||||||||||||||||||
| 17 | Section 25. The Illinois Administrative Procedure Act is | |||||||||||||||||||
| 18 | amended by repealing Section 5-45.35 as added by Public Act | |||||||||||||||||||
| 19 | 102-1104. | |||||||||||||||||||
| |||||||
| |||||||
| 1 | Section 30. The Freedom of Information Act is amended by | ||||||
| 2 | changing Section 2.15 as follows: | ||||||
| 3 | (5 ILCS 140/2.15) | ||||||
| 4 | Sec. 2.15. Arrest reports and criminal history records. | ||||||
| 5 | (a) Arrest reports. The following chronologically | ||||||
| 6 | maintained arrest and criminal history information maintained | ||||||
| 7 | by State or local criminal justice agencies shall be furnished | ||||||
| 8 | as soon as practical, but in no event later than 72 hours after | ||||||
| 9 | the arrest, notwithstanding the time limits otherwise provided | ||||||
| 10 | for in Section 3 of this Act: (i) information that identifies | ||||||
| 11 | the individual, including the name, age, address, and | ||||||
| 12 | photograph, when and if available; (ii) information detailing | ||||||
| 13 | any charges relating to the arrest; (iii) the time and | ||||||
| 14 | location of the arrest; (iv) the name of the investigating or | ||||||
| 15 | arresting law enforcement agency; (v) if the individual is | ||||||
| 16 | incarcerated, the amount of any bail or bond (blank); and (vi) | ||||||
| 17 | if the individual is incarcerated, the time and date that the | ||||||
| 18 | individual was received into, discharged from, or transferred | ||||||
| 19 | from the arresting agency's 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 | ||||||
| |||||||
| |||||||
| 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. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; | ||||||
| 2 | 102-1104, eff. 1-1-23.) | ||||||
| 3 | Section 35. 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) (Blank). | ||||||
| 19 | (5.1) If the individual is incarcerated, the amount of | ||||||
| 20 | any bail or bond. | ||||||
| 21 | (6) If the individual is incarcerated, the time and | ||||||
| 22 | date that the individual was received, discharged, or | ||||||
| 23 | transferred from the arresting agency's custody. | ||||||
| 24 | (b) The information required by this Section must be made | ||||||
| |||||||
| |||||||
| 1 | available to the news media for inspection and copying as soon | ||||||
| 2 | as practicable, but in no event shall the time period exceed 72 | ||||||
| 3 | hours from the arrest. The information described in paragraphs | ||||||
| 4 | (3), (4), (5), and (6) of subsection (a), however, may be | ||||||
| 5 | withheld if it is determined that disclosure would: | ||||||
| 6 | (1) interfere with pending or actually and reasonably | ||||||
| 7 | contemplated law enforcement proceedings conducted by any | ||||||
| 8 | law enforcement or correctional agency; | ||||||
| 9 | (2) endanger the life or physical safety of law | ||||||
| 10 | enforcement or correctional personnel or any other person; | ||||||
| 11 | or | ||||||
| 12 | (3) compromise the security of any correctional | ||||||
| 13 | facility. | ||||||
| 14 | (c) For the purposes of this Section, the term "news | ||||||
| 15 | media" means personnel of a newspaper or other periodical | ||||||
| 16 | issued at regular intervals whether in print or electronic | ||||||
| 17 | format, a news service whether in print or electronic format, | ||||||
| 18 | a radio station, a television station, a television network, a | ||||||
| 19 | community antenna television service, or a person or | ||||||
| 20 | corporation engaged in making news reels or other motion | ||||||
| 21 | picture news for public showing. | ||||||
| 22 | (d) Each law enforcement or correctional agency may charge | ||||||
| 23 | fees for arrest records, but in no instance may the fee exceed | ||||||
| 24 | the actual cost of copying and reproduction. The fees may not | ||||||
| 25 | include the cost of the labor used to reproduce the arrest | ||||||
| 26 | record. | ||||||
| |||||||
| |||||||
| 1 | (e) The provisions of this Section do not supersede the | ||||||
| 2 | confidentiality provisions for arrest records of the Juvenile | ||||||
| 3 | Court Act of 1987. | ||||||
| 4 | (f) All information, including photographs, made available | ||||||
| 5 | under this Section is subject to the provisions of Section | ||||||
| 6 | 2QQQ of the Consumer Fraud and Deceptive Business Practices | ||||||
| 7 | Act. | ||||||
| 8 | (g) Notwithstanding the requirements of subsection (a), a | ||||||
| 9 | law enforcement agency may not publish booking photographs, | ||||||
| 10 | commonly known as "mugshots", on its social networking website | ||||||
| 11 | in connection with civil offenses, petty offenses, business | ||||||
| 12 | offenses, Class C misdemeanors, and Class B misdemeanors | ||||||
| 13 | unless the booking photograph is posted to the social | ||||||
| 14 | networking website to assist in the search for a missing | ||||||
| 15 | person or to assist in the search for a fugitive, person of | ||||||
| 16 | interest, or individual wanted in relation to a crime other | ||||||
| 17 | than a petty offense, business offense, Class C misdemeanor, | ||||||
| 18 | or Class B misdemeanor. As used in this subsection, "social | ||||||
| 19 | networking website" has the meaning provided in Section 10 of | ||||||
| 20 | the Right to Privacy in the Workplace Act. | ||||||
| 21 | (Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23; | ||||||
| 22 | 102-1104, eff. 1-1-23.) | ||||||
| 23 | Section 40. The Illinois Public Labor Relations Act is | ||||||
| 24 | amended by changing Section 14 as follows: | ||||||
| |||||||
| |||||||
| 1 | (5 ILCS 315/14) (from Ch. 48, par. 1614) | ||||||
| 2 | Sec. 14. Security employee, peace officer and fire fighter | ||||||
| 3 | disputes. | ||||||
| 4 | (a) In the case of collective bargaining agreements | ||||||
| 5 | involving units of security employees of a public employer, | ||||||
| 6 | Peace Officer Units, or units of fire fighters or paramedics, | ||||||
| 7 | and in the case of disputes under Section 18, unless the | ||||||
| 8 | parties mutually agree to some other time limit, mediation | ||||||
| 9 | shall commence 30 days prior to the expiration date of such | ||||||
| 10 | agreement or at such later time as the mediation services | ||||||
| 11 | chosen under subsection (b) of Section 12 can be provided to | ||||||
| 12 | the parties. In the case of negotiations for an initial | ||||||
| 13 | collective bargaining agreement, mediation shall commence upon | ||||||
| 14 | 15 days notice from either party or at such later time as the | ||||||
| 15 | mediation services chosen pursuant to subsection (b) of | ||||||
| 16 | Section 12 can be provided to the parties. In mediation under | ||||||
| 17 | this Section, if either party requests the use of mediation | ||||||
| 18 | services from the Federal Mediation and Conciliation Service, | ||||||
| 19 | the other party shall either join in such request or bear the | ||||||
| 20 | additional cost of mediation services from another source. The | ||||||
| 21 | mediator shall have a duty to keep the Board informed on the | ||||||
| 22 | progress of the mediation. If any dispute has not been | ||||||
| 23 | resolved within 15 days after the first meeting of the parties | ||||||
| 24 | and the mediator, or within such other time limit as may be | ||||||
| 25 | mutually agreed upon by the parties, either the exclusive | ||||||
| 26 | representative or employer may request of the other, in | ||||||
| |||||||
| |||||||
| 1 | writing, arbitration, and shall submit a copy of the request | ||||||
| 2 | to the Board. | ||||||
| 3 | (b) Within 10 days after such a request for arbitration | ||||||
| 4 | has been made, the employer shall choose a delegate and the | ||||||
| 5 | employees' exclusive representative shall choose a delegate to | ||||||
| 6 | a panel of arbitration as provided in this Section. The | ||||||
| 7 | employer and employees shall forthwith advise the other and | ||||||
| 8 | the Board of their selections. | ||||||
| 9 | (c) Within 7 days after the request of either party, the | ||||||
| 10 | parties shall request a panel of impartial arbitrators from | ||||||
| 11 | which they shall select the neutral chairman according to the | ||||||
| 12 | procedures provided in this Section. If the parties have | ||||||
| 13 | agreed to a contract that contains a grievance resolution | ||||||
| 14 | procedure as provided in Section 8, the chairman shall be | ||||||
| 15 | selected using their agreed contract procedure unless they | ||||||
| 16 | mutually agree to another procedure. If the parties fail to | ||||||
| 17 | notify the Board of their selection of neutral chairman within | ||||||
| 18 | 7 days after receipt of the list of impartial arbitrators, the | ||||||
| 19 | Board shall appoint, at random, a neutral chairman from the | ||||||
| 20 | list. In the absence of an agreed contract procedure for | ||||||
| 21 | selecting an impartial arbitrator, either party may request a | ||||||
| 22 | panel from the Board. Within 7 days of the request of either | ||||||
| 23 | party, the Board shall select from the Public Employees Labor | ||||||
| 24 | Mediation Roster 7 persons who are on the labor arbitration | ||||||
| 25 | panels of either the American Arbitration Association or the | ||||||
| 26 | Federal Mediation and Conciliation Service, or who are members | ||||||
| |||||||
| |||||||
| 1 | of the National Academy of Arbitrators, as nominees for | ||||||
| 2 | impartial arbitrator of the arbitration panel. The parties may | ||||||
| 3 | select an individual on the list provided by the Board or any | ||||||
| 4 | other individual mutually agreed upon by the parties. Within 7 | ||||||
| 5 | days following the receipt of the list, the parties shall | ||||||
| 6 | notify the Board of the person they have selected. Unless the | ||||||
| 7 | parties agree on an alternate selection procedure, they shall | ||||||
| 8 | alternatively strike one name from the list provided by the | ||||||
| 9 | Board until only one name remains. A coin toss shall determine | ||||||
| 10 | which party shall strike the first name. If the parties fail to | ||||||
| 11 | notify the Board in a timely manner of their selection for | ||||||
| 12 | neutral chairman, the Board shall appoint a neutral chairman | ||||||
| 13 | from the Illinois Public Employees Mediation/Arbitration | ||||||
| 14 | Roster. | ||||||
| 15 | (d) The chairman shall call a hearing to begin within 15 | ||||||
| 16 | days and give reasonable notice of the time and place of the | ||||||
| 17 | hearing. The hearing shall be held at the offices of the Board | ||||||
| 18 | or at such other location as the Board deems appropriate. The | ||||||
| 19 | chairman shall preside over the hearing and shall take | ||||||
| 20 | testimony. Any oral or documentary evidence and other data | ||||||
| 21 | deemed relevant by the arbitration panel may be received in | ||||||
| 22 | evidence. The proceedings shall be informal. Technical rules | ||||||
| 23 | of evidence shall not apply and the competency of the evidence | ||||||
| 24 | shall not thereby be deemed impaired. A verbatim record of the | ||||||
| 25 | proceedings shall be made and the arbitrator shall arrange for | ||||||
| 26 | the necessary recording service. Transcripts may be ordered at | ||||||
| |||||||
| |||||||
| 1 | the expense of the party ordering them, but the transcripts | ||||||
| 2 | shall not be necessary for a decision by the arbitration | ||||||
| 3 | panel. The expense of the proceedings, including a fee for the | ||||||
| 4 | chairman, shall be borne equally by each of the parties to the | ||||||
| 5 | dispute. The delegates, if public officers or employees, shall | ||||||
| 6 | continue on the payroll of the public employer without loss of | ||||||
| 7 | pay. The hearing conducted by the arbitration panel may be | ||||||
| 8 | adjourned from time to time, but unless otherwise agreed by | ||||||
| 9 | the parties, shall be concluded within 30 days of the time of | ||||||
| 10 | its commencement. Majority actions and rulings shall | ||||||
| 11 | constitute the actions and rulings of the arbitration panel. | ||||||
| 12 | Arbitration proceedings under this Section shall not be | ||||||
| 13 | interrupted or terminated by reason of any unfair labor | ||||||
| 14 | practice charge filed by either party at any time. | ||||||
| 15 | (e) The arbitration panel may administer oaths, require | ||||||
| 16 | the attendance of witnesses, and the production of such books, | ||||||
| 17 | papers, contracts, agreements and documents as may be deemed | ||||||
| 18 | by it material to a just determination of the issues in | ||||||
| 19 | dispute, and for such purpose may issue subpoenas. If any | ||||||
| 20 | person refuses to obey a subpoena, or refuses to be sworn or to | ||||||
| 21 | testify, or if any witness, party or attorney is guilty of any | ||||||
| 22 | contempt while in attendance at any hearing, the arbitration | ||||||
| 23 | panel may, or the attorney general if requested shall, invoke | ||||||
| 24 | the aid of any circuit court within the jurisdiction in which | ||||||
| 25 | the hearing is being held, which court shall issue an | ||||||
| 26 | appropriate order. Any failure to obey the order may be | ||||||
| |||||||
| |||||||
| 1 | punished by the court as contempt. | ||||||
| 2 | (f) At any time before the rendering of an award, the | ||||||
| 3 | chairman of the arbitration panel, if he is of the opinion that | ||||||
| 4 | it would be useful or beneficial to do so, may remand the | ||||||
| 5 | dispute to the parties for further collective bargaining for a | ||||||
| 6 | period not to exceed 2 weeks. If the dispute is remanded for | ||||||
| 7 | further collective bargaining the time provisions of this Act | ||||||
| 8 | shall be extended for a time period equal to that of the | ||||||
| 9 | remand. The chairman of the panel of arbitration shall notify | ||||||
| 10 | the Board of the remand. | ||||||
| 11 | (g) At or before the conclusion of the hearing held | ||||||
| 12 | pursuant to subsection (d), the arbitration panel shall | ||||||
| 13 | identify the economic issues in dispute, and direct each of | ||||||
| 14 | the parties to submit, within such time limit as the panel | ||||||
| 15 | shall prescribe, to the arbitration panel and to each other | ||||||
| 16 | its last offer of settlement on each economic issue. The | ||||||
| 17 | determination of the arbitration panel as to the issues in | ||||||
| 18 | dispute and as to which of these issues are economic shall be | ||||||
| 19 | conclusive. The arbitration panel, within 30 days after the | ||||||
| 20 | conclusion of the hearing, or such further additional periods | ||||||
| 21 | to which the parties may agree, shall make written findings of | ||||||
| 22 | fact and promulgate a written opinion and shall mail or | ||||||
| 23 | otherwise deliver a true copy thereof to the parties and their | ||||||
| 24 | representatives and to the Board. As to each economic issue, | ||||||
| 25 | the arbitration panel shall adopt the last offer of settlement | ||||||
| 26 | which, in the opinion of the arbitration panel, more nearly | ||||||
| |||||||
| |||||||
| 1 | complies with the applicable factors prescribed in subsection | ||||||
| 2 | (h). The findings, opinions and order as to all other issues | ||||||
| 3 | shall be based upon the applicable factors prescribed in | ||||||
| 4 | subsection (h). | ||||||
| 5 | (h) Where there is no agreement between the parties, or | ||||||
| 6 | where there is an agreement but the parties have begun | ||||||
| 7 | negotiations or discussions looking to a new agreement or | ||||||
| 8 | amendment of the existing agreement, and wage rates or other | ||||||
| 9 | conditions of employment under the proposed new or amended | ||||||
| 10 | agreement are in dispute, the arbitration panel shall base its | ||||||
| 11 | findings, opinions and order upon the following factors, as | ||||||
| 12 | applicable: | ||||||
| 13 | (1) The lawful authority of the employer. | ||||||
| 14 | (2) Stipulations of the parties. | ||||||
| 15 | (3) The interests and welfare of the public and the | ||||||
| 16 | financial ability of the unit of government to meet those | ||||||
| 17 | costs. | ||||||
| 18 | (4) Comparison of the wages, hours and conditions of | ||||||
| 19 | employment of the employees involved in the arbitration | ||||||
| 20 | proceeding with the wages, hours and conditions of | ||||||
| 21 | employment of other employees performing similar services | ||||||
| 22 | and with other employees generally: | ||||||
| 23 | (A) In public employment in comparable | ||||||
| 24 | communities. | ||||||
| 25 | (B) In private employment in comparable | ||||||
| 26 | communities. | ||||||
| |||||||
| |||||||
| 1 | (5) The average consumer prices for goods and | ||||||
| 2 | services, commonly known as the cost of living. | ||||||
| 3 | (6) The overall compensation presently received by the | ||||||
| 4 | employees, including direct wage compensation, vacations, | ||||||
| 5 | holidays and other excused time, insurance and pensions, | ||||||
| 6 | medical and hospitalization benefits, the continuity and | ||||||
| 7 | stability of employment and all other benefits received. | ||||||
| 8 | (7) Changes in any of the foregoing circumstances | ||||||
| 9 | during the pendency of the arbitration proceedings. | ||||||
| 10 | (8) Such other factors, not confined to the foregoing, | ||||||
| 11 | which are normally or traditionally taken into | ||||||
| 12 | consideration in the determination of wages, hours and | ||||||
| 13 | conditions of employment through voluntary collective | ||||||
| 14 | bargaining, mediation, fact-finding, arbitration or | ||||||
| 15 | otherwise between the parties, in the public service or in | ||||||
| 16 | private employment. | ||||||
| 17 | (i) In the case of peace officers, the arbitration | ||||||
| 18 | decision shall be limited to wages, hours, and conditions of | ||||||
| 19 | employment (which may include residency requirements in | ||||||
| 20 | municipalities with a population under 1,000,000, 100,000, but | ||||||
| 21 | those residency requirements shall not allow residency outside | ||||||
| 22 | of Illinois) and shall not include the following: i) residency | ||||||
| 23 | requirements in municipalities with a population of at least | ||||||
| 24 | 1,000,000 100,000; ii) the type of equipment, other than | ||||||
| 25 | uniforms, issued or used; iii) manning; iv) the total number | ||||||
| 26 | of employees employed by the department; v) mutual aid and | ||||||
| |||||||
| |||||||
| 1 | assistance agreements to other units of government; and vi) | ||||||
| 2 | the criterion pursuant to which force, including deadly force, | ||||||
| 3 | can be used; provided, nothing herein shall preclude an | ||||||
| 4 | arbitration decision regarding equipment or manning levels if | ||||||
| 5 | such decision is based on a finding that the equipment or | ||||||
| 6 | manning considerations in a specific work assignment involve a | ||||||
| 7 | serious risk to the safety of a peace officer beyond that which | ||||||
| 8 | is inherent in the normal performance of police duties. | ||||||
| 9 | Limitation of the terms of the arbitration decision pursuant | ||||||
| 10 | to this subsection shall not be construed to limit the factors | ||||||
| 11 | upon which the decision may be based, as set forth in | ||||||
| 12 | subsection (h). | ||||||
| 13 | In the case of fire fighter, and fire department or fire | ||||||
| 14 | district paramedic matters, the arbitration decision shall be | ||||||
| 15 | limited to wages, hours, and conditions of employment | ||||||
| 16 | (including manning and also including residency requirements | ||||||
| 17 | in municipalities with a population under 1,000,000, but those | ||||||
| 18 | residency requirements shall not allow residency outside of | ||||||
| 19 | Illinois) and shall not include the following matters: i) | ||||||
| 20 | residency requirements in municipalities with a population of | ||||||
| 21 | at least 1,000,000; ii) the type of equipment (other than | ||||||
| 22 | uniforms and fire fighter turnout gear) issued or used; iii) | ||||||
| 23 | the total number of employees employed by the department; iv) | ||||||
| 24 | mutual aid and assistance agreements to other units of | ||||||
| 25 | government; and v) the criterion pursuant to which force, | ||||||
| 26 | including deadly force, can be used; provided, however, | ||||||
| |||||||
| |||||||
| 1 | nothing herein shall preclude an arbitration decision | ||||||
| 2 | regarding equipment levels if such decision is based on a | ||||||
| 3 | finding that the equipment considerations in a specific work | ||||||
| 4 | assignment involve a serious risk to the safety of a fire | ||||||
| 5 | fighter beyond that which is inherent in the normal | ||||||
| 6 | performance of fire fighter duties. Limitation of the terms of | ||||||
| 7 | the arbitration decision pursuant to this subsection shall not | ||||||
| 8 | be construed to limit the facts upon which the decision may be | ||||||
| 9 | based, as set forth in subsection (h). | ||||||
| 10 | The changes to this subsection (i) made by Public Act | ||||||
| 11 | 90-385 (relating to residency requirements) do not apply to | ||||||
| 12 | persons who are employed by a combined department that | ||||||
| 13 | performs both police and firefighting services; these persons | ||||||
| 14 | shall be governed by the provisions of this subsection (i) | ||||||
| 15 | relating to peace officers, as they existed before the | ||||||
| 16 | amendment by Public Act 90-385. | ||||||
| 17 | To preserve historical bargaining rights, this subsection | ||||||
| 18 | shall not apply to any provision of a fire fighter collective | ||||||
| 19 | bargaining agreement in effect and applicable on the effective | ||||||
| 20 | date of this Act; provided, however, nothing herein shall | ||||||
| 21 | preclude arbitration with respect to any such provision. | ||||||
| 22 | (j) Arbitration procedures shall be deemed to be initiated | ||||||
| 23 | by the filing of a letter requesting mediation as required | ||||||
| 24 | under subsection (a) of this Section. The commencement of a | ||||||
| 25 | new municipal fiscal year after the initiation of arbitration | ||||||
| 26 | procedures under this Act, but before the arbitration | ||||||
| |||||||
| |||||||
| 1 | decision, or its enforcement, shall not be deemed to render a | ||||||
| 2 | dispute moot, or to otherwise impair the jurisdiction or | ||||||
| 3 | authority of the arbitration panel or its decision. Increases | ||||||
| 4 | in rates of compensation awarded by the arbitration panel may | ||||||
| 5 | be effective only at the start of the fiscal year next | ||||||
| 6 | commencing after the date of the arbitration award. If a new | ||||||
| 7 | fiscal year has commenced either since the initiation of | ||||||
| 8 | arbitration procedures under this Act or since any mutually | ||||||
| 9 | agreed extension of the statutorily required period of | ||||||
| 10 | mediation under this Act by the parties to the labor dispute | ||||||
| 11 | causing a delay in the initiation of arbitration, the | ||||||
| 12 | foregoing limitations shall be inapplicable, and such awarded | ||||||
| 13 | increases may be retroactive to the commencement of the fiscal | ||||||
| 14 | year, any other statute or charter provisions to the contrary, | ||||||
| 15 | notwithstanding. At any time the parties, by stipulation, may | ||||||
| 16 | amend or modify an award of arbitration. | ||||||
| 17 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
| 18 | upon appropriate petition by either the public employer or the | ||||||
| 19 | exclusive bargaining representative, by the circuit court for | ||||||
| 20 | the county in which the dispute arose or in which a majority of | ||||||
| 21 | the affected employees reside, but only for reasons that the | ||||||
| 22 | arbitration panel was without or exceeded its statutory | ||||||
| 23 | authority; the order is arbitrary, or capricious; or the order | ||||||
| 24 | was procured by fraud, collusion or other similar and unlawful | ||||||
| 25 | means. Such petitions for review must be filed with the | ||||||
| 26 | appropriate circuit court within 90 days following the | ||||||
| |||||||
| |||||||
| 1 | issuance of the arbitration order. The pendency of such | ||||||
| 2 | proceeding for review shall not automatically stay the order | ||||||
| 3 | of the arbitration panel. The party against whom the final | ||||||
| 4 | decision of any such court shall be adverse, if such court | ||||||
| 5 | finds such appeal or petition to be frivolous, shall pay | ||||||
| 6 | reasonable attorneys' fees and costs to the successful party | ||||||
| 7 | as determined by said court in its discretion. If said court's | ||||||
| 8 | decision affirms the award of money, such award, if | ||||||
| 9 | retroactive, shall bear interest at the rate of 12 percent per | ||||||
| 10 | annum from the effective retroactive date. | ||||||
| 11 | (l) During the pendency of proceedings before the | ||||||
| 12 | arbitration panel, existing wages, hours, and other conditions | ||||||
| 13 | of employment shall not be changed by action of either party | ||||||
| 14 | without the consent of the other but a party may so consent | ||||||
| 15 | without prejudice to his rights or position under this Act. | ||||||
| 16 | The proceedings are deemed to be pending before the | ||||||
| 17 | arbitration panel upon the initiation of arbitration | ||||||
| 18 | procedures under this Act. | ||||||
| 19 | (m) Security officers of public employers, and Peace | ||||||
| 20 | Officers, Fire Fighters and fire department and fire | ||||||
| 21 | protection district paramedics, covered by this Section may | ||||||
| 22 | not withhold services, nor may public employers lock out or | ||||||
| 23 | prevent such employees from performing services at any time. | ||||||
| 24 | (n) All of the terms decided upon by the arbitration panel | ||||||
| 25 | shall be included in an agreement to be submitted to the public | ||||||
| 26 | employer's governing body for ratification and adoption by | ||||||
| |||||||
| |||||||
| 1 | law, ordinance or the equivalent appropriate means. | ||||||
| 2 | The governing body shall review each term decided by the | ||||||
| 3 | arbitration panel. If the governing body fails to reject one | ||||||
| 4 | or more terms of the arbitration panel's decision by a 3/5 vote | ||||||
| 5 | of those duly elected and qualified members of the governing | ||||||
| 6 | body, within 20 days of issuance, or in the case of | ||||||
| 7 | firefighters employed by a state university, at the next | ||||||
| 8 | regularly scheduled meeting of the governing body after | ||||||
| 9 | issuance, such term or terms shall become a part of the | ||||||
| 10 | collective bargaining agreement of the parties. If the | ||||||
| 11 | governing body affirmatively rejects one or more terms of the | ||||||
| 12 | arbitration panel's decision, it must provide reasons for such | ||||||
| 13 | rejection with respect to each term so rejected, within 20 | ||||||
| 14 | days of such rejection and the parties shall return to the | ||||||
| 15 | arbitration panel for further proceedings and issuance of a | ||||||
| 16 | supplemental decision with respect to the rejected terms. Any | ||||||
| 17 | supplemental decision by an arbitration panel or other | ||||||
| 18 | decision maker agreed to by the parties shall be submitted to | ||||||
| 19 | the governing body for ratification and adoption in accordance | ||||||
| 20 | with the procedures and voting requirements set forth in this | ||||||
| 21 | Section. The voting requirements of this subsection shall | ||||||
| 22 | apply to all disputes submitted to arbitration pursuant to | ||||||
| 23 | this Section notwithstanding any contrary voting requirements | ||||||
| 24 | contained in any existing collective bargaining agreement | ||||||
| 25 | between the parties. | ||||||
| 26 | (o) If the governing body of the employer votes to reject | ||||||
| |||||||
| |||||||
| 1 | the panel's decision, the parties shall return to the panel | ||||||
| 2 | within 30 days from the issuance of the reasons for rejection | ||||||
| 3 | for further proceedings and issuance of a supplemental | ||||||
| 4 | decision. All reasonable costs of such supplemental proceeding | ||||||
| 5 | including the exclusive representative's reasonable attorney's | ||||||
| 6 | fees, as established by the Board, shall be paid by the | ||||||
| 7 | employer. | ||||||
| 8 | (p) Notwithstanding the provisions of this Section the | ||||||
| 9 | employer and exclusive representative may agree to submit | ||||||
| 10 | unresolved disputes concerning wages, hours, terms and | ||||||
| 11 | conditions of employment to an alternative form of impasse | ||||||
| 12 | resolution. | ||||||
| 13 | The amendatory changes to this Section made by Public Act | ||||||
| 14 | 101-652 take effect July 1, 2022. | ||||||
| 15 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) | ||||||
| 16 | (15 ILCS 205/10 rep.) | ||||||
| 17 | Section 45. The Attorney General Act is amended by | ||||||
| 18 | repealing Section 10. | ||||||
| 19 | Section 50. The Illinois State Police Law of the Civil | ||||||
| 20 | Administrative Code of Illinois is amended by changing Section | ||||||
| 21 | 2605-302 as follows: | ||||||
| 22 | (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part) | ||||||
| 23 | Sec. 2605-302. Arrest reports. | ||||||
| |||||||
| |||||||
| 1 | (a) When an individual is arrested, the following | ||||||
| 2 | information must be made available to the news media for | ||||||
| 3 | inspection and copying: | ||||||
| 4 | (1) Information that identifies the individual, | ||||||
| 5 | including the name, age, address, and photograph, when and | ||||||
| 6 | if available. | ||||||
| 7 | (2) Information detailing any charges relating to the | ||||||
| 8 | arrest. | ||||||
| 9 | (3) The time and location of the arrest. | ||||||
| 10 | (4) The name of the investigating or arresting law | ||||||
| 11 | enforcement agency. | ||||||
| 12 | (5) (Blank). | ||||||
| 13 | (5.1) If the individual is incarcerated, the amount of | ||||||
| 14 | any bail or bond. | ||||||
| 15 | (6) If the individual is incarcerated, the time and | ||||||
| 16 | date that the individual was received, discharged, or | ||||||
| 17 | transferred from the arresting agency's custody. | ||||||
| 18 | (b) The information required by this Section must be made | ||||||
| 19 | available to the news media for inspection and copying as soon | ||||||
| 20 | as practicable, but in no event shall the time period exceed 72 | ||||||
| 21 | hours from the arrest. The information described in items (3), | ||||||
| 22 | (4), (5), and (6) of subsection (a), however, may be withheld | ||||||
| 23 | if it is determined that disclosure would (i) interfere with | ||||||
| 24 | pending or actually and reasonably contemplated law | ||||||
| 25 | enforcement proceedings conducted by any law enforcement or | ||||||
| 26 | correctional agency; (ii) endanger the life or physical safety | ||||||
| |||||||
| |||||||
| 1 | of law enforcement or correctional personnel or any other | ||||||
| 2 | person; or (iii) compromise the security of any correctional | ||||||
| 3 | facility. | ||||||
| 4 | (c) For the purposes of this Section, the term "news | ||||||
| 5 | media" means personnel of a newspaper or other periodical | ||||||
| 6 | issued at regular intervals whether in print or electronic | ||||||
| 7 | format, a news service whether in print or electronic format, | ||||||
| 8 | a radio 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 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 21 | Section 55. The State Police Act is amended by changing | ||||||
| 22 | Section 14 as follows: | ||||||
| 23 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14) | ||||||
| 24 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
| |||||||
| |||||||
| 1 | Illinois State Police officer shall be removed, demoted, or | ||||||
| 2 | suspended except for cause, upon written charges filed with | ||||||
| 3 | the Board by the Director and a hearing before the Board | ||||||
| 4 | thereon upon not less than 10 days' notice at a place to be | ||||||
| 5 | designated by the chairman thereof. At such hearing, the | ||||||
| 6 | accused shall be afforded full opportunity to be heard in his | ||||||
| 7 | or her own defense and to produce proof in his or her defense. | ||||||
| 8 | Anyone It shall not be a requirement of a person filing a | ||||||
| 9 | complaint against a State Police officer must to have the a | ||||||
| 10 | complaint supported by a sworn affidavit. Any such complaint, | ||||||
| 11 | having been supported by a sworn affidavit, and having been | ||||||
| 12 | found, in total or in part, to contain false information, | ||||||
| 13 | shall be presented to the appropriate State's Attorney for a | ||||||
| 14 | determination of prosecution or any other legal documentation. | ||||||
| 15 | This ban on an affidavit requirement shall apply to any | ||||||
| 16 | collective bargaining agreements entered after the effective | ||||||
| 17 | date of this provision. | ||||||
| 18 | Before any such officer may be interrogated or examined by | ||||||
| 19 | or before the Board, or by an Illinois State Police agent or | ||||||
| 20 | investigator specifically assigned to conduct an internal | ||||||
| 21 | investigation, the results of which hearing, interrogation, or | ||||||
| 22 | examination may be the basis for filing charges seeking his or | ||||||
| 23 | her suspension for more than 15 days or his or her removal or | ||||||
| 24 | discharge, he or she shall be advised in writing as to what | ||||||
| 25 | specific improper or illegal act he or she is alleged to have | ||||||
| 26 | committed; he or she shall be advised in writing that his or | ||||||
| |||||||
| |||||||
| 1 | her admissions made in the course of the hearing, | ||||||
| 2 | interrogation, or examination may be used as the basis for | ||||||
| 3 | charges seeking his or her suspension, removal, or discharge; | ||||||
| 4 | and he or she shall be advised in writing that he or she has a | ||||||
| 5 | right to counsel of his or her choosing, who may be present to | ||||||
| 6 | advise him or her at any hearing, interrogation, or | ||||||
| 7 | examination. A complete record of any hearing, interrogation, | ||||||
| 8 | or examination shall be made, and a complete transcript or | ||||||
| 9 | electronic recording thereof shall be made available to such | ||||||
| 10 | officer without charge and without delay. | ||||||
| 11 | The Board shall have the power to secure by its subpoena | ||||||
| 12 | both the attendance and testimony of witnesses and the | ||||||
| 13 | production of books and papers in support of the charges and | ||||||
| 14 | for the defense. Each member of the Board or a designated | ||||||
| 15 | hearing officer shall have the power to administer oaths or | ||||||
| 16 | affirmations. If the charges against an accused are | ||||||
| 17 | established by a preponderance of evidence, the Board shall | ||||||
| 18 | make a finding of guilty and order either removal, demotion, | ||||||
| 19 | suspension for a period of not more than 180 days, or such | ||||||
| 20 | other disciplinary punishment as may be prescribed by the | ||||||
| 21 | rules and regulations of the Board which, in the opinion of the | ||||||
| 22 | members thereof, the offense merits. Thereupon the Director | ||||||
| 23 | shall direct such removal or other punishment as ordered by | ||||||
| 24 | the Board and if the accused refuses to abide by any such | ||||||
| 25 | disciplinary order, the Director shall remove him or her | ||||||
| 26 | forthwith. | ||||||
| |||||||
| |||||||
| 1 | If the accused is found not guilty or has served a period | ||||||
| 2 | of suspension greater than prescribed by the Board, the Board | ||||||
| 3 | shall order that the officer receive compensation for the | ||||||
| 4 | period involved. The award of compensation shall include | ||||||
| 5 | interest at the rate of 7% per annum. | ||||||
| 6 | The Board may include in its order appropriate sanctions | ||||||
| 7 | based upon the Board's rules and regulations. If the Board | ||||||
| 8 | finds that a party has made allegations or denials without | ||||||
| 9 | reasonable cause or has engaged in frivolous litigation for | ||||||
| 10 | the purpose of delay or needless increase in the cost of | ||||||
| 11 | litigation, it may order that party to pay the other party's | ||||||
| 12 | reasonable expenses, including costs and reasonable attorney's | ||||||
| 13 | fees. The State of Illinois and the Illinois State Police | ||||||
| 14 | shall be subject to these sanctions in the same manner as other | ||||||
| 15 | parties. | ||||||
| 16 | In case of the neglect or refusal of any person to obey a | ||||||
| 17 | subpoena issued by the Board, any circuit court, upon | ||||||
| 18 | application of any member of the Board, may order such person | ||||||
| 19 | to appear before the Board and give testimony or produce | ||||||
| 20 | evidence, and any failure to obey such order is punishable by | ||||||
| 21 | the court as a contempt thereof. | ||||||
| 22 | The provisions of the Administrative Review Law, and all | ||||||
| 23 | amendments and modifications thereof, and the rules adopted | ||||||
| 24 | pursuant thereto, shall apply to and govern all proceedings | ||||||
| 25 | for the judicial review of any order of the Board rendered | ||||||
| 26 | pursuant to the provisions of this Section. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding the provisions of this Section, a policy | ||||||
| 2 | making officer, as defined in the Employee Rights Violation | ||||||
| 3 | Act, of the Illinois State Police shall be discharged from the | ||||||
| 4 | Illinois State Police as provided in the Employee Rights | ||||||
| 5 | Violation Act, enacted by the 85th General Assembly. | ||||||
| 6 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
| 7 | 102-813, eff. 5-13-22.) | ||||||
| 8 | (20 ILCS 2610/17c rep.) | ||||||
| 9 | Section 60. The State Police Act is amended by repealing | ||||||
| 10 | Section 17c. | ||||||
| 11 | (20 ILCS 3930/7.7 rep.) | ||||||
| 12 | (20 ILCS 3930/7.8 rep.) | ||||||
| 13 | Section 65. The Illinois Criminal Justice Information Act | ||||||
| 14 | is amended by repealing Sections 7.7 and 7.8. | ||||||
| 15 | (30 ILCS 105/5.990 rep.) | ||||||
| 16 | Section 70. The State Finance Act is amended by repealing | ||||||
| 17 | Section 5.990 as added by Public Act 102-1104. | ||||||
| 18 | Section 75. The Community Partnership for Deflection and | ||||||
| 19 | Substance Use Disorder Treatment Act is amended by changing | ||||||
| 20 | Sections 1, 5, 10, 15, 20, 30, and 35 as follows: | ||||||
| 21 | (50 ILCS 71/1) (was 5 ILCS 820/1) | ||||||
| |||||||
| |||||||
| 1 | Sec. 1. Short title. This Act may be cited as the | ||||||
| 2 | Community-Law Enforcement Community Partnership for Deflection | ||||||
| 3 | and Substance Use Disorder Treatment Act. | ||||||
| 4 | (Source: P.A. 103-361, eff. 1-1-24.) | ||||||
| 5 | (50 ILCS 71/5) (was 5 ILCS 820/5) | ||||||
| 6 | Sec. 5. Purposes. The General Assembly hereby acknowledges | ||||||
| 7 | that opioid use disorders, overdoses, and deaths in Illinois | ||||||
| 8 | are persistent and growing concerns for Illinois communities. | ||||||
| 9 | These concerns compound existing challenges to adequately | ||||||
| 10 | address and manage substance use and mental health disorders. | ||||||
| 11 | Local government agencies and , law enforcement officers, | ||||||
| 12 | other first responders, and co-responders have a unique | ||||||
| 13 | opportunity to facilitate connections to community-based | ||||||
| 14 | services, including case management, and mental and behavioral | ||||||
| 15 | health interventions that provide harm reduction or substance | ||||||
| 16 | use treatment and can help save and restore lives; help reduce | ||||||
| 17 | drug use, overdose incidence, criminal offending, and | ||||||
| 18 | recidivism; and help prevent arrest and conviction records | ||||||
| 19 | that destabilize health, families, and opportunities for | ||||||
| 20 | community citizenship and self-sufficiency. These efforts are | ||||||
| 21 | bolstered when pursued in partnership with licensed behavioral | ||||||
| 22 | health treatment providers and community members or | ||||||
| 23 | organizations. It is the intent of the General Assembly to | ||||||
| 24 | authorize law enforcement, other first responders, and local | ||||||
| 25 | government agencies to develop and implement collaborative | ||||||
| |||||||
| |||||||
| 1 | deflection programs in Illinois that offer immediate pathways | ||||||
| 2 | to substance use treatment and other services as an | ||||||
| 3 | alternative to traditional case processing and involvement in | ||||||
| 4 | the criminal justice system, and to unnecessary admission to | ||||||
| 5 | emergency departments. | ||||||
| 6 | (Source: P.A. 103-361, eff. 1-1-24.) | ||||||
| 7 | (50 ILCS 71/10) (was 5 ILCS 820/10) | ||||||
| 8 | Sec. 10. Definitions. In this Act: | ||||||
| 9 | "Case management" means those services which use | ||||||
| 10 | evidence-based practices, including harm reduction and | ||||||
| 11 | motivational interviewing, to assist persons in gaining access | ||||||
| 12 | to needed social, educational, medical, substance use and | ||||||
| 13 | mental health treatment, and other services. | ||||||
| 14 | "Community member or organization" means an individual | ||||||
| 15 | volunteer, resident, public office, or a not-for-profit | ||||||
| 16 | organization, religious institution, charitable organization, | ||||||
| 17 | or other public body committed to the improvement of | ||||||
| 18 | individual and family mental and physical well-being and the | ||||||
| 19 | overall social welfare of the community, and may include | ||||||
| 20 | persons with lived experience in recovery from substance use | ||||||
| 21 | disorder, either themselves or as family members. | ||||||
| 22 | "Other first responder" means and includes emergency | ||||||
| 23 | medical services providers that are public units of | ||||||
| 24 | government, fire departments and districts, and officials and | ||||||
| 25 | responders representing and employed by these entities. | ||||||
| |||||||
| |||||||
| 1 | "Deflection program" means a program in which a peace | ||||||
| 2 | officer or member of a law enforcement agency, other first | ||||||
| 3 | responder, or local government agency facilitates contact | ||||||
| 4 | between an individual and a licensed substance use treatment | ||||||
| 5 | provider, clinician, or case management agency for assessment | ||||||
| 6 | and coordination of treatment planning, including co-responder | ||||||
| 7 | approaches that incorporate behavioral health, peer, or social | ||||||
| 8 | work professionals with law enforcement or other first | ||||||
| 9 | responders at the scene. This facilitation includes defined | ||||||
| 10 | criteria for eligibility and communication protocols agreed to | ||||||
| 11 | by the law enforcement agency or other first responder entity | ||||||
| 12 | and the licensed treatment provider or case management agency | ||||||
| 13 | for the purpose of providing substance use treatment or care | ||||||
| 14 | collaboration to those persons in lieu of arrest or further | ||||||
| 15 | justice system involvement, or unnecessary admissions to the | ||||||
| 16 | emergency department. Deflection programs may include, but are | ||||||
| 17 | not limited to, the following types of responses: | ||||||
| 18 | (1) a post-overdose deflection response initiated by a | ||||||
| 19 | peace officer or law enforcement agency subsequent to | ||||||
| 20 | emergency administration of medication to reverse an | ||||||
| 21 | overdose, or in cases of severe substance use disorder | ||||||
| 22 | with acute risk for overdose; | ||||||
| 23 | (2) a self-referral deflection response initiated by | ||||||
| 24 | an individual by contacting a peace officer, law | ||||||
| 25 | enforcement agency, other first responder, or local | ||||||
| 26 | government agency in the acknowledgment of their substance | ||||||
| |||||||
| |||||||
| 1 | use or disorder; | ||||||
| 2 | (3) an active outreach deflection response initiated | ||||||
| 3 | by a peace officer, law enforcement agency, other first | ||||||
| 4 | responder, or local government agency as a result of | ||||||
| 5 | proactive identification of persons thought likely to have | ||||||
| 6 | a substance use disorder or untreated or undiagnosed | ||||||
| 7 | mental illness; | ||||||
| 8 | (4) an officer, other first responder, or local | ||||||
| 9 | government agency prevention deflection response initiated | ||||||
| 10 | by a peace officer, law enforcement agency, or local | ||||||
| 11 | government agency in response to a community call when no | ||||||
| 12 | criminal charges are present; | ||||||
| 13 | (5) an officer intervention during routine activities, | ||||||
| 14 | such as patrol or response to a service call during which a | ||||||
| 15 | referral to treatment, to services, or to a case manager | ||||||
| 16 | is made in lieu of arrest. | ||||||
| 17 | "Harm reduction" means a reduction of, or attempt to | ||||||
| 18 | reduce, the adverse consequences of substance use, including, | ||||||
| 19 | but not limited to, by addressing the substance use and | ||||||
| 20 | conditions that give rise to the substance use. "Harm | ||||||
| 21 | reduction" includes, but is not limited to, syringe service | ||||||
| 22 | programs, naloxone distribution, and public awareness | ||||||
| 23 | campaigns about the Good Samaritan Act. | ||||||
| 24 | "Law enforcement agency" means a municipal police | ||||||
| 25 | department or county sheriff's office of this State, the | ||||||
| 26 | Illinois State Police, or other law enforcement agency whose | ||||||
| |||||||
| |||||||
| 1 | officers, by statute, are granted and authorized to exercise | ||||||
| 2 | powers similar to those conferred upon any peace officer | ||||||
| 3 | employed by a law enforcement agency of this State. | ||||||
| 4 | "Licensed treatment provider" means an organization | ||||||
| 5 | licensed by the Department of Human Services to perform an | ||||||
| 6 | activity or service, or a coordinated range of those | ||||||
| 7 | activities or services, as the Department of Human Services | ||||||
| 8 | may establish by rule, such as the broad range of emergency, | ||||||
| 9 | outpatient, intensive outpatient, and residential services and | ||||||
| 10 | care, including assessment, diagnosis, case management, | ||||||
| 11 | medical, psychiatric, psychological and social services, | ||||||
| 12 | medication-assisted treatment, care and counseling, and | ||||||
| 13 | recovery support, which may be extended to persons to assess | ||||||
| 14 | or treat substance use disorder or to families of those | ||||||
| 15 | persons. | ||||||
| 16 | "Local government agency" means a county, municipality, or | ||||||
| 17 | township office, a State's Attorney's Office, a Public | ||||||
| 18 | Defender's Office, or a local health department. | ||||||
| 19 | "Peace officer" means any peace officer or member of any | ||||||
| 20 | duly organized State, county, or municipal peace officer unit, | ||||||
| 21 | any police force of another State, or any police force whose | ||||||
| 22 | members, by statute, are granted and authorized to exercise | ||||||
| 23 | powers similar to those conferred upon any peace officer | ||||||
| 24 | employed by a law enforcement agency of this State. | ||||||
| 25 | "Substance use disorder" means a pattern of use of alcohol | ||||||
| 26 | or other drugs leading to clinical or functional impairment, | ||||||
| |||||||
| |||||||
| 1 | in accordance with the definition in the Diagnostic and | ||||||
| 2 | Statistical Manual of Mental Disorders (DSM-5), or in any | ||||||
| 3 | subsequent editions. | ||||||
| 4 | "Treatment" means the broad range of emergency, | ||||||
| 5 | outpatient, intensive outpatient, and residential services and | ||||||
| 6 | care (including assessment, diagnosis, case management, | ||||||
| 7 | medical, psychiatric, psychological and social services, | ||||||
| 8 | medication-assisted treatment, care and counseling, and | ||||||
| 9 | recovery support) which may be extended to persons who have | ||||||
| 10 | substance use disorders, persons with mental illness, or | ||||||
| 11 | families of those persons. | ||||||
| 12 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
| 13 | 103-361, eff. 1-1-24.) | ||||||
| 14 | (50 ILCS 71/15) (was 5 ILCS 820/15) | ||||||
| 15 | Sec. 15. Authorization. | ||||||
| 16 | (a) Any law enforcement agency, other first responder | ||||||
| 17 | entity, or local government agency may establish a deflection | ||||||
| 18 | program subject to the provisions of this Act in partnership | ||||||
| 19 | with one or more licensed providers of substance use disorder | ||||||
| 20 | treatment services and one or more community members or | ||||||
| 21 | organizations. Programs established by another first responder | ||||||
| 22 | entity or a local government agency shall also include a law | ||||||
| 23 | enforcement agency. | ||||||
| 24 | (b) The deflection program may involve a post-overdose | ||||||
| 25 | deflection response, a self-referral deflection response, a | ||||||
| |||||||
| |||||||
| 1 | pre-arrest diversion response, an active outreach deflection | ||||||
| 2 | response, an officer or other first responder prevention | ||||||
| 3 | deflection response, or an officer intervention deflection | ||||||
| 4 | response, or any combination of those. | ||||||
| 5 | (c) Nothing shall preclude the General Assembly from | ||||||
| 6 | adding other responses to a deflection program, or preclude a | ||||||
| 7 | law enforcement agency, other first responder entity, or local | ||||||
| 8 | government agency from developing a deflection program | ||||||
| 9 | response based on a model unique and responsive to local | ||||||
| 10 | issues, substance use or mental health needs, and | ||||||
| 11 | partnerships, using sound and promising or evidence-based | ||||||
| 12 | practices. | ||||||
| 13 | (c-5) Whenever appropriate and available, case management | ||||||
| 14 | should be provided by a licensed treatment provider or other | ||||||
| 15 | appropriate provider and may include peer recovery support | ||||||
| 16 | approaches. | ||||||
| 17 | (d) To receive funding for activities as described in | ||||||
| 18 | Section 35 of this Act, planning for the deflection program | ||||||
| 19 | shall include: | ||||||
| 20 | (1) the involvement of one or more licensed treatment | ||||||
| 21 | programs and one or more community members or | ||||||
| 22 | organizations; and | ||||||
| 23 | (2) an agreement with the Illinois Criminal Justice | ||||||
| 24 | Information Authority to collect and evaluate relevant | ||||||
| 25 | statistical data related to the program, as established by | ||||||
| 26 | the Illinois Criminal Justice Information Authority in | ||||||
| |||||||
| |||||||
| 1 | paragraph (2) of subsection (a) of Section 25 of this Act. | ||||||
| 2 | (3) an agreement with participating licensed treatment | ||||||
| 3 | providers authorizing the release of statistical data to | ||||||
| 4 | the Illinois Criminal Justice Information Authority, in | ||||||
| 5 | compliance with State and Federal law, as established by | ||||||
| 6 | the Illinois Criminal Justice Information Authority in | ||||||
| 7 | paragraph (2) of subsection (a) of Section 25 of this Act. | ||||||
| 8 | (Source: P.A. 103-361, eff. 1-1-24.) | ||||||
| 9 | (50 ILCS 71/20) (was 5 ILCS 820/20) | ||||||
| 10 | Sec. 20. Procedure. The law enforcement agency, other | ||||||
| 11 | first responder entity, local government agency, licensed | ||||||
| 12 | treatment providers, and community members or organizations | ||||||
| 13 | shall establish a local deflection program plan that includes | ||||||
| 14 | protocols and procedures for participant identification, | ||||||
| 15 | screening or assessment, case management, treatment | ||||||
| 16 | facilitation, reporting, restorative justice, and ongoing | ||||||
| 17 | involvement of the law enforcement agency. Licensed substance | ||||||
| 18 | use disorder treatment organizations shall adhere to 42 CFR | ||||||
| 19 | Part 2 regarding confidentiality regulations for information | ||||||
| 20 | exchange or release. Substance use disorder treatment services | ||||||
| 21 | shall adhere to all regulations specified in Department of | ||||||
| 22 | Human Services Administrative Rules, Parts 2060 and 2090. | ||||||
| 23 | A deflection program organized and operating under this | ||||||
| 24 | Act may accept, receive, and disburse, in furtherance of its | ||||||
| 25 | duties and functions, any funds, grants, and services made | ||||||
| |||||||
| |||||||
| 1 | available by the State and its agencies, the federal | ||||||
| 2 | government and its agencies, units of local government, and | ||||||
| 3 | private or civic sources. | ||||||
| 4 | (Source: P.A. 103-361, eff. 1-1-24.) | ||||||
| 5 | (50 ILCS 71/30) (was 5 ILCS 820/30) | ||||||
| 6 | Sec. 30. Exemption from civil liability. The law | ||||||
| 7 | enforcement agency, peace officer, other first responder, or | ||||||
| 8 | local government agency or employee of the agency acting in | ||||||
| 9 | good faith shall not, as the result of acts or omissions in | ||||||
| 10 | providing services under Section 15 of this Act, be liable for | ||||||
| 11 | civil damages, unless the acts or omissions constitute willful | ||||||
| 12 | and wanton misconduct. | ||||||
| 13 | (Source: P.A. 103-361, eff. 1-1-24.) | ||||||
| 14 | (50 ILCS 71/35) (was 5 ILCS 820/35) | ||||||
| 15 | Sec. 35. Funding. | ||||||
| 16 | (a) The General Assembly may appropriate funds to the | ||||||
| 17 | Illinois Criminal Justice Information Authority for the | ||||||
| 18 | purpose of funding law enforcement agencies, other first | ||||||
| 19 | responder entities, or local government agencies for services | ||||||
| 20 | provided by deflection program partners as part of deflection | ||||||
| 21 | programs subject to subsection (d) of Section 15 of this Act. | ||||||
| 22 | (Blank). (a.1) Up to 10 percent of appropriated funds may | ||||||
| 23 | be expended on activities related to knowledge dissemination, | ||||||
| 24 | training, technical assistance, or other similar activities | ||||||
| |||||||
| |||||||
| 1 | intended to increase practitioner and public awareness of | ||||||
| 2 | deflection and/or to support its implementation. The Illinois | ||||||
| 3 | Criminal Justice Information Authority may adopt guidelines | ||||||
| 4 | and requirements to direct the distribution of funds for these | ||||||
| 5 | activities. | ||||||
| 6 | (b) The For all appropriated funds not distributed under | ||||||
| 7 | subsection (a.1), the Illinois Criminal Justice Information | ||||||
| 8 | Authority may adopt guidelines and requirements to direct the | ||||||
| 9 | distribution of funds for expenses related to deflection | ||||||
| 10 | programs. Funding shall be made available to support both new | ||||||
| 11 | and existing deflection programs in a broad spectrum of | ||||||
| 12 | geographic regions in this State, including urban, suburban, | ||||||
| 13 | and rural communities. Funding for deflection programs shall | ||||||
| 14 | be prioritized for communities that have been impacted by the | ||||||
| 15 | war on drugs, communities that have a police/community | ||||||
| 16 | relations issue, and communities that have a disproportionate | ||||||
| 17 | lack of access to mental health and drug treatment. Activities | ||||||
| 18 | eligible for funding under this Act may include, but are not | ||||||
| 19 | limited to, the following: | ||||||
| 20 | (1) activities related to program administration, | ||||||
| 21 | coordination, or management, including, but not limited | ||||||
| 22 | to, the development of collaborative partnerships with | ||||||
| 23 | licensed treatment providers and community members or | ||||||
| 24 | organizations; collection of program data; or monitoring | ||||||
| 25 | of compliance with a local deflection program plan; | ||||||
| 26 | (2) case management including case management provided | ||||||
| |||||||
| |||||||
| 1 | prior to assessment, diagnosis, and engagement in | ||||||
| 2 | treatment, as well as assistance navigating and gaining | ||||||
| 3 | access to various treatment modalities and support | ||||||
| 4 | services; | ||||||
| 5 | (3) peer recovery or recovery support services that | ||||||
| 6 | include the perspectives of persons with the experience of | ||||||
| 7 | recovering from a substance use disorder, either | ||||||
| 8 | themselves or as family members; | ||||||
| 9 | (4) transportation to a licensed treatment provider or | ||||||
| 10 | other program partner location; | ||||||
| 11 | (5) program evaluation activities; | ||||||
| 12 | (6) (blank); naloxone and related harm reduction | ||||||
| 13 | supplies necessary for carrying out overdose prevention | ||||||
| 14 | and reversal for purposes of distribution to program | ||||||
| 15 | participants or for use by law enforcement, other first | ||||||
| 16 | responders, or local government agencies; | ||||||
| 17 | (7) (blank); and treatment necessary to prevent gaps | ||||||
| 18 | in service delivery between linkage and coverage by other | ||||||
| 19 | funding sources when otherwise non-reimbursable; and | ||||||
| 20 | (8) wraparound participant funds to be used to | ||||||
| 21 | incentivize participation and meet participant needs. | ||||||
| 22 | Eligible items include, but are not limited to, clothing, | ||||||
| 23 | transportation, application fees, emergency shelter, | ||||||
| 24 | utilities, toiletries, medical supplies, haircuts, and | ||||||
| 25 | snacks. Food and drink is allowed if it is necessary for | ||||||
| 26 | the program's success where it incentivizes participation | ||||||
| |||||||
| |||||||
| 1 | in case management or addresses an emergency need as a | ||||||
| 2 | bridge to self-sufficiency when other sources of emergency | ||||||
| 3 | food are not available. | ||||||
| 4 | (c) Specific linkage agreements with recovery support | ||||||
| 5 | services or self-help entities may be a requirement of the | ||||||
| 6 | program services protocols. All deflection programs shall | ||||||
| 7 | encourage the involvement of key family members and | ||||||
| 8 | significant others as a part of a family-based approach to | ||||||
| 9 | treatment. All deflection programs are encouraged to use | ||||||
| 10 | evidence-based practices and outcome measures in the provision | ||||||
| 11 | of case management, substance use disorder treatment, and | ||||||
| 12 | medication-assisted treatment for persons with opioid use | ||||||
| 13 | disorders. | ||||||
| 14 | (Source: P.A. 102-813, eff. 5-13-22; 103-361, eff. 1-1-24.) | ||||||
| 15 | (50 ILCS 71/21 rep.) | ||||||
| 16 | Section 80. The Community Partnership for Deflection and | ||||||
| 17 | Substance Use Disorder Treatment Act is amended by repealing | ||||||
| 18 | Section 21. | ||||||
| 19 | (50 ILCS 105/4.1 rep.) | ||||||
| 20 | Section 85. The Public Officer Prohibited Activities Act | ||||||
| 21 | is amended by repealing Section 4.1. | ||||||
| 22 | Section 90. The Local Records Act is amended by changing | ||||||
| 23 | Section 3b as follows: | ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 205/3b) | ||||||
| 2 | Sec. 3b. Arrest records and reports. | ||||||
| 3 | (a) When an individual is arrested, the following | ||||||
| 4 | information must be made available to the news media for | ||||||
| 5 | inspection and copying: | ||||||
| 6 | (1) Information that identifies the individual, | ||||||
| 7 | including the name, age, address, and photograph, when and | ||||||
| 8 | if available. | ||||||
| 9 | (2) Information detailing any charges relating to the | ||||||
| 10 | arrest. | ||||||
| 11 | (3) The time and location of the arrest. | ||||||
| 12 | (4) The name of the investigating or arresting law | ||||||
| 13 | enforcement agency. | ||||||
| 14 | (5) (Blank). | ||||||
| 15 | (5.1) If the individual is incarcerated, the amount of | ||||||
| 16 | any bail or bond. | ||||||
| 17 | (6) If the individual is incarcerated, the time and | ||||||
| 18 | date that the individual was received, discharged, or | ||||||
| 19 | transferred from the arresting agency's custody. | ||||||
| 20 | (b) The information required by this Section must be made | ||||||
| 21 | available to the news media for inspection and copying as soon | ||||||
| 22 | as practicable, but in no event shall the time period exceed 72 | ||||||
| 23 | hours from the arrest. The information described in paragraphs | ||||||
| 24 | (3), (4), (5), and (6) of subsection (a), however, may be | ||||||
| 25 | withheld if it is determined that disclosure would: | ||||||
| |||||||
| |||||||
| 1 | (1) interfere with pending or actually and reasonably | ||||||
| 2 | contemplated law enforcement proceedings conducted by any | ||||||
| 3 | law enforcement or correctional agency; | ||||||
| 4 | (2) endanger the life or physical safety of law | ||||||
| 5 | enforcement or correctional personnel or any other person; | ||||||
| 6 | or | ||||||
| 7 | (3) compromise the security of any correctional | ||||||
| 8 | facility. | ||||||
| 9 | (c) For the purposes of this Section the term "news media" | ||||||
| 10 | means personnel of a newspaper or other periodical issued at | ||||||
| 11 | regular intervals whether in print or electronic format, a | ||||||
| 12 | news service whether in print or electronic format, a radio | ||||||
| 13 | station, a television station, a television network, a | ||||||
| 14 | community antenna television service, or a person or | ||||||
| 15 | corporation engaged in making news reels or other motion | ||||||
| 16 | picture news for public showing. | ||||||
| 17 | (d) Each law enforcement or correctional agency may charge | ||||||
| 18 | fees for arrest records, but in no instance may the fee exceed | ||||||
| 19 | the actual cost of copying and reproduction. The fees may not | ||||||
| 20 | include the cost of the labor used to reproduce the arrest | ||||||
| 21 | record. | ||||||
| 22 | (e) The provisions of this Section do not supersede the | ||||||
| 23 | confidentiality provisions for arrest records of the Juvenile | ||||||
| 24 | Court Act of 1987. | ||||||
| 25 | (f) All information, including photographs, made available | ||||||
| 26 | under this Section is subject to the provisions of Section | ||||||
| |||||||
| |||||||
| 1 | 2QQQ of the Consumer Fraud and Deceptive Business Practices | ||||||
| 2 | Act. | ||||||
| 3 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 4 | (50 ILCS 205/25 rep.) | ||||||
| 5 | Section 95. The Local Records Act is amended by repealing | ||||||
| 6 | Section 25. | ||||||
| 7 | Section 100. The Illinois Police Training Act is amended | ||||||
| 8 | by changing Sections 6.2 and 10.17 as follows: | ||||||
| 9 | (50 ILCS 705/6.2) | ||||||
| 10 | Sec. 6.2. Officer professional conduct database. In order | ||||||
| 11 | to ensure the continuing effectiveness of this Section, it is | ||||||
| 12 | set forth in full and reenacted by this amendatory Act of the | ||||||
| 13 | 102nd General Assembly. This reenactment is intended as a | ||||||
| 14 | continuation of this Section. This reenactment is not intended | ||||||
| 15 | to supersede any amendment to this Section that may be made by | ||||||
| 16 | any other Public Act of the 102nd General Assembly. | ||||||
| 17 | (a) All law enforcement agencies shall notify the Board of | ||||||
| 18 | any final determination of willful violation of department or | ||||||
| 19 | agency policy, official misconduct, or violation of law when: | ||||||
| 20 | (1) the officer is discharged or dismissed as a result | ||||||
| 21 | of the violation; or | ||||||
| 22 | (2) the officer resigns during the course of an | ||||||
| 23 | investigation and after the officer has been served notice | ||||||
| |||||||
| |||||||
| 1 | that he or she is under investigation that is based on the | ||||||
| 2 | commission of a Class 2 or greater any felony or sex | ||||||
| 3 | offense. | ||||||
| 4 | The agency shall report to the Board within 30 days of a | ||||||
| 5 | final decision of discharge or dismissal and final exhaustion | ||||||
| 6 | of any appeal, or resignation, and shall provide information | ||||||
| 7 | regarding the nature of the violation. | ||||||
| 8 | (b) Upon receiving notification from a law enforcement | ||||||
| 9 | agency, the Board must notify the law enforcement officer of | ||||||
| 10 | the report and his or her right to provide a statement | ||||||
| 11 | regarding the reported violation. | ||||||
| 12 | (c) The Board shall maintain a database readily available | ||||||
| 13 | to any chief administrative officer, or his or her designee, | ||||||
| 14 | of a law enforcement agency or any State's Attorney that shall | ||||||
| 15 | show each reported instance, including the name of the | ||||||
| 16 | officer, the nature of the violation, reason for the final | ||||||
| 17 | decision of discharge or dismissal, and any statement provided | ||||||
| 18 | by the officer. | ||||||
| 19 | (Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652, | ||||||
| 20 | Article 25, Section 25-45, eff. 1-1-22; 102-694, eff. 1-7-22. | ||||||
| 21 | Reenacted and changed by 102-694, eff. 1-7-22.) | ||||||
| 22 | (50 ILCS 705/10.17) | ||||||
| 23 | (Text of Section before amendment by P.A. 104-106) | ||||||
| 24 | Sec. 10.17. Crisis intervention team training; mental | ||||||
| 25 | health awareness training. | ||||||
| |||||||
| |||||||
| 1 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
| 2 | shall develop and approve a standard curriculum for certified | ||||||
| 3 | training programs in crisis intervention, including a | ||||||
| 4 | specialty certification course of at least 40 hours, | ||||||
| 5 | addressing specialized policing responses to people with | ||||||
| 6 | mental illnesses. The Board shall conduct Crisis Intervention | ||||||
| 7 | Team (CIT) training programs that train officers to identify | ||||||
| 8 | signs and symptoms of mental illness, to de-escalate | ||||||
| 9 | situations involving individuals who appear to have a mental | ||||||
| 10 | illness, and connect that person in crisis to treatment. | ||||||
| 11 | Crisis Intervention Team (CIT) training programs shall be a | ||||||
| 12 | collaboration between law enforcement professionals, mental | ||||||
| 13 | health providers, families, and consumer advocates and must | ||||||
| 14 | minimally include the following components: (1) basic | ||||||
| 15 | information about mental illnesses and how to recognize them; | ||||||
| 16 | (2) information about mental health laws and resources; (3) | ||||||
| 17 | learning from family members of individuals with mental | ||||||
| 18 | illness and their experiences; and (4) verbal de-escalation | ||||||
| 19 | training and role-plays. Officers who have successfully | ||||||
| 20 | completed this program shall be issued a certificate attesting | ||||||
| 21 | to their attendance of a Crisis Intervention Team (CIT) | ||||||
| 22 | training program. | ||||||
| 23 | (b) The Board shall create an introductory course | ||||||
| 24 | incorporating adult learning models that provides law | ||||||
| 25 | enforcement officers with an awareness of mental health issues | ||||||
| 26 | including a history of the mental health system, types of | ||||||
| |||||||
| |||||||
| 1 | mental health illness including signs and symptoms of mental | ||||||
| 2 | illness and common treatments and medications, and the | ||||||
| 3 | potential interactions law enforcement officers may have on a | ||||||
| 4 | regular basis with these individuals, their families, and | ||||||
| 5 | service providers including de-escalating a potential crisis | ||||||
| 6 | situation. This course, in addition to other traditional | ||||||
| 7 | learning settings, may be made available in an electronic | ||||||
| 8 | format. | ||||||
| 9 | The amendatory changes to this Section made by Public Act | ||||||
| 10 | 101-652 shall take effect January 1, 2022. | ||||||
| 11 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) | ||||||
| 12 | (Text of Section after amendment by P.A. 104-106) | ||||||
| 13 | Sec. 10.17. Crisis Intervention Team (CIT) training; | ||||||
| 14 | mental health awareness training; certified therapy dog team | ||||||
| 15 | training and certification. | ||||||
| 16 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
| 17 | shall develop and approve a standard curriculum for certified | ||||||
| 18 | training programs in crisis intervention, including a | ||||||
| 19 | specialty certification course of at least 40 hours, | ||||||
| 20 | addressing specialized policing responses to people with | ||||||
| 21 | mental illnesses. The Board shall conduct Crisis Intervention | ||||||
| 22 | Team (CIT) training programs that train officers to identify | ||||||
| 23 | signs and symptoms of mental illness, to de-escalate | ||||||
| 24 | situations involving individuals who appear to have a mental | ||||||
| 25 | illness, and connect that person in crisis to treatment. | ||||||
| |||||||
| |||||||
| 1 | Crisis Intervention Team (CIT) training programs shall be a | ||||||
| 2 | collaboration between law enforcement professionals, mental | ||||||
| 3 | health providers, families, and consumer advocates and must | ||||||
| 4 | minimally include the following components: (1) basic | ||||||
| 5 | information about mental illnesses and how to recognize them; | ||||||
| 6 | (2) information about mental health laws and resources; (3) | ||||||
| 7 | learning from family members of individuals with mental | ||||||
| 8 | illness and their experiences; and (4) verbal de-escalation | ||||||
| 9 | training and role-plays. Officers who have successfully | ||||||
| 10 | completed this program shall be issued a certificate attesting | ||||||
| 11 | to their attendance of a Crisis Intervention Team (CIT) | ||||||
| 12 | training program. | ||||||
| 13 | (b) The Board shall create an introductory course | ||||||
| 14 | incorporating adult learning models that provides law | ||||||
| 15 | enforcement officers with an awareness of mental health issues | ||||||
| 16 | including a history of the mental health system, types of | ||||||
| 17 | mental health illness including signs and symptoms of mental | ||||||
| 18 | illness and common treatments and medications, and the | ||||||
| 19 | potential interactions law enforcement officers may have on a | ||||||
| 20 | regular basis with these individuals, their families, and | ||||||
| 21 | service providers including de-escalating a potential crisis | ||||||
| 22 | situation. This course, in addition to other traditional | ||||||
| 23 | learning settings, may be made available in an electronic | ||||||
| 24 | format. | ||||||
| 25 | (c) The Board shall develop a course and certification | ||||||
| 26 | program for certified therapy dog teams consisting of officers | ||||||
| |||||||
| |||||||
| 1 | employing the use of therapy dogs in relation to crisis and | ||||||
| 2 | emergency response. This program shall aim to ensure that | ||||||
| 3 | Crisis Intervention Team (CIT) officers and therapy dog teams | ||||||
| 4 | are available in various regions throughout the State to be | ||||||
| 5 | dispatched in the event of a crisis. | ||||||
| 6 | The amendatory changes to this Section made by Public Act | ||||||
| 7 | 101-652 shall take effect January 1, 2022. | ||||||
| 8 | (Source: P.A. 104-106, eff. 1-1-26.) | ||||||
| 9 | (50 ILCS 705/10.6 rep.) | ||||||
| 10 | Section 105. The Illinois Police Training Act is amended | ||||||
| 11 | by repealing Section 10.6. | ||||||
| 12 | Section 110. The Law Enforcement Officer-Worn Body Camera | ||||||
| 13 | Act is amended by changing Sections 10-10, 10-15, 10-20, and | ||||||
| 14 | 10-25 as follows: | ||||||
| 15 | (50 ILCS 706/10-10) | ||||||
| 16 | Sec. 10-10. Definitions. As used in this Act: | ||||||
| 17 | "Badge" means an officer's department issued | ||||||
| 18 | identification number associated with his or her position as a | ||||||
| 19 | police officer with that department. | ||||||
| 20 | "Board" means the Illinois Law Enforcement Training | ||||||
| 21 | Standards Board created by the Illinois Police Training Act. | ||||||
| 22 | "Business offense" means a petty offense for which the | ||||||
| 23 | fine is in excess of $1,000. | ||||||
| |||||||
| |||||||
| 1 | "Community caretaking function" means a task undertaken by | ||||||
| 2 | a law enforcement officer in which the officer is performing | ||||||
| 3 | an articulable act unrelated to the investigation of a crime. | ||||||
| 4 | "Community caretaking function" includes, but is not limited | ||||||
| 5 | to, participating in town halls or other community outreach, | ||||||
| 6 | helping a child find his or her parents, providing death | ||||||
| 7 | notifications, and performing in-home or hospital well-being | ||||||
| 8 | checks on the sick, elderly, or persons presumed missing. | ||||||
| 9 | "Community caretaking function" excludes law | ||||||
| 10 | enforcement-related encounters or activities. | ||||||
| 11 | "Fund" means the Law Enforcement Camera Grant Fund. | ||||||
| 12 | "In uniform" means a law enforcement officer who is | ||||||
| 13 | wearing any officially authorized uniform designated by a law | ||||||
| 14 | enforcement agency, or a law enforcement officer who is | ||||||
| 15 | visibly wearing articles of clothing, a badge, tactical gear, | ||||||
| 16 | gun belt, a patch, or other insignia that he or she is a law | ||||||
| 17 | enforcement officer acting in the course of his or her duties. | ||||||
| 18 | "Law enforcement officer" or "officer" means any person | ||||||
| 19 | employed by a State, county, municipality, special district, | ||||||
| 20 | college, unit of government, or any other entity authorized by | ||||||
| 21 | law to employ peace officers or exercise police authority and | ||||||
| 22 | who is primarily responsible for the prevention or detection | ||||||
| 23 | of crime and the enforcement of the laws of this State. | ||||||
| 24 | "Law enforcement agency" means all State agencies with law | ||||||
| 25 | enforcement officers, county sheriff's offices, municipal, | ||||||
| 26 | special district, college, or unit of local government police | ||||||
| |||||||
| |||||||
| 1 | departments. | ||||||
| 2 | "Law enforcement-related encounters or activities" | ||||||
| 3 | include, but are not limited to, traffic stops, pedestrian | ||||||
| 4 | stops, arrests, searches, interrogations, investigations, | ||||||
| 5 | pursuits, crowd control, traffic control, non-community | ||||||
| 6 | caretaking interactions with an individual while on patrol, or | ||||||
| 7 | any other instance in which the officer is enforcing the laws | ||||||
| 8 | of the municipality, county, or State. "Law | ||||||
| 9 | enforcement-related encounter or activities" does not include | ||||||
| 10 | when the officer is completing paperwork alone, is | ||||||
| 11 | participating in training in a classroom setting, or is only | ||||||
| 12 | in the presence of another law enforcement officer. | ||||||
| 13 | "Minor traffic offense" means a petty offense, business | ||||||
| 14 | offense, or Class C misdemeanor under the Illinois Vehicle | ||||||
| 15 | Code or a similar provision of a municipal or local ordinance. | ||||||
| 16 | "Officer-worn body camera" means an electronic camera | ||||||
| 17 | system for creating, generating, sending, receiving, storing, | ||||||
| 18 | displaying, and processing audiovisual recordings that may be | ||||||
| 19 | worn about the person of a law enforcement officer. | ||||||
| 20 | "Peace officer" has the meaning provided in Section 2-13 | ||||||
| 21 | of the Criminal Code of 2012. | ||||||
| 22 | "Petty offense" means any offense for which a sentence of | ||||||
| 23 | imprisonment is not an authorized disposition. | ||||||
| 24 | "Recording" means the process of capturing data or | ||||||
| 25 | information stored on a recording medium as required under | ||||||
| 26 | this Act. | ||||||
| |||||||
| |||||||
| 1 | "Recording medium" means any recording medium authorized | ||||||
| 2 | by the Board for the retention and playback of recorded audio | ||||||
| 3 | and video including, but not limited to, VHS, DVD, hard drive, | ||||||
| 4 | cloud storage, solid state, digital, flash memory technology, | ||||||
| 5 | or any other electronic medium. | ||||||
| 6 | (Source: P.A. 102-1104, eff. 12-6-22.) | ||||||
| 7 | (50 ILCS 706/10-15) | ||||||
| 8 | Sec. 10-15. Applicability. Any law enforcement agency | ||||||
| 9 | which employs the use of officer-worn body cameras is subject | ||||||
| 10 | to the provisions of this Act, whether or not the agency | ||||||
| 11 | receives or has received monies from the Law Enforcement | ||||||
| 12 | Camera Grant Fund. (a) All law enforcement agencies must | ||||||
| 13 | employ the use of officer-worn body cameras in accordance with | ||||||
| 14 | the provisions of this Act, whether or not the agency receives | ||||||
| 15 | or has received monies from the Law Enforcement Camera Grant | ||||||
| 16 | Fund. | ||||||
| 17 | (b) Except as provided in subsection (b-5), all law | ||||||
| 18 | enforcement agencies must implement the use of body cameras | ||||||
| 19 | for all law enforcement officers, according to the following | ||||||
| 20 | schedule: | ||||||
| 21 | (1) for municipalities and counties with populations | ||||||
| 22 | of 500,000 or more, body cameras shall be implemented by | ||||||
| 23 | January 1, 2022; | ||||||
| 24 | (2) for municipalities and counties with populations | ||||||
| 25 | of 100,000 or more but under 500,000, body cameras shall | ||||||
| |||||||
| |||||||
| 1 | be implemented by January 1, 2023; | ||||||
| 2 | (3) for municipalities and counties with populations | ||||||
| 3 | of 50,000 or more but under 100,000, body cameras shall be | ||||||
| 4 | implemented by January 1, 2024; | ||||||
| 5 | (4) for municipalities and counties under 50,000, body | ||||||
| 6 | cameras shall be implemented by January 1, 2025; and | ||||||
| 7 | (5) for all State agencies with law enforcement | ||||||
| 8 | officers and other remaining law enforcement agencies, | ||||||
| 9 | body cameras shall be implemented by January 1, 2025. | ||||||
| 10 | (b-5) If a law enforcement agency that serves a | ||||||
| 11 | municipality with a population of at least 100,000 but not | ||||||
| 12 | more than 500,000 or a law enforcement agency that serves a | ||||||
| 13 | county with a population of at least 100,000 but not more than | ||||||
| 14 | 500,000 has ordered by October 1, 2022 or purchased by that | ||||||
| 15 | date officer-worn body cameras for use by the law enforcement | ||||||
| 16 | agency, then the law enforcement agency may implement the use | ||||||
| 17 | of body cameras for all of its law enforcement officers by no | ||||||
| 18 | later than July 1, 2023. Records of purchase within this | ||||||
| 19 | timeline shall be submitted to the Illinois Law Enforcement | ||||||
| 20 | Training Standards Board by January 1, 2023. | ||||||
| 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 | (d) This Section does not apply to court security | ||||||
| |||||||
| |||||||
| 1 | officers, State's Attorney investigators, and Attorney General | ||||||
| 2 | investigators. | ||||||
| 3 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 4 | 102-1104, eff. 12-6-22.) | ||||||
| 5 | (50 ILCS 706/10-20) | ||||||
| 6 | Sec. 10-20. Requirements. | ||||||
| 7 | (a) The Board shall develop basic guidelines for the use | ||||||
| 8 | of officer-worn body cameras by law enforcement agencies. The | ||||||
| 9 | guidelines developed by the Board shall be the basis for the | ||||||
| 10 | written policy which must be adopted by each law enforcement | ||||||
| 11 | agency which employs the use of officer-worn body cameras. The | ||||||
| 12 | written policy adopted by the law enforcement agency must | ||||||
| 13 | include, at a minimum, all of the following: | ||||||
| 14 | (1) Cameras must be equipped with pre-event recording, | ||||||
| 15 | capable of recording at least the 30 seconds prior to | ||||||
| 16 | camera activation, unless the officer-worn body camera was | ||||||
| 17 | purchased and acquired by the law enforcement agency prior | ||||||
| 18 | to July 1, 2015. | ||||||
| 19 | (2) Cameras must be capable of recording for a period | ||||||
| 20 | of 10 hours or more, unless the officer-worn body camera | ||||||
| 21 | was purchased and acquired by the law enforcement agency | ||||||
| 22 | prior to July 1, 2015. | ||||||
| 23 | (3) Cameras must be turned on at all times when the | ||||||
| 24 | officer is in uniform and is responding to calls for | ||||||
| 25 | service or engaged in any law enforcement-related | ||||||
| |||||||
| |||||||
| 1 | encounter or activity, that occurs while the officer is on | ||||||
| 2 | duty. | ||||||
| 3 | (A) If exigent circumstances exist which prevent | ||||||
| 4 | the camera from being turned on, the camera must be | ||||||
| 5 | turned on as soon as practicable. | ||||||
| 6 | (B) Officer-worn body cameras may be turned off | ||||||
| 7 | when the officer is inside of a patrol car which is | ||||||
| 8 | equipped with a functioning in-car camera; however, | ||||||
| 9 | the officer must turn on the camera upon exiting the | ||||||
| 10 | patrol vehicle for law enforcement-related encounters. | ||||||
| 11 | (C) Officer-worn body cameras may be turned off | ||||||
| 12 | when the officer is inside a correctional facility or | ||||||
| 13 | courthouse which is equipped with a functioning camera | ||||||
| 14 | system. | ||||||
| 15 | (4) Cameras must be turned off when: | ||||||
| 16 | (A) the victim of a crime requests that the camera | ||||||
| 17 | be turned off, and unless impractical or impossible, | ||||||
| 18 | that request is made on the recording; | ||||||
| 19 | (B) a witness of a crime or a community member who | ||||||
| 20 | wishes to report a crime requests that the camera be | ||||||
| 21 | turned off, and unless impractical or impossible that | ||||||
| 22 | request is made on the recording; | ||||||
| 23 | (C) the officer is interacting with a confidential | ||||||
| 24 | informant used by the law enforcement agency; or | ||||||
| 25 | (D) an officer of the Department of Revenue enters | ||||||
| 26 | a Department of Revenue facility or conducts an | ||||||
| |||||||
| |||||||
| 1 | interview during which return information will be | ||||||
| 2 | discussed or visible. | ||||||
| 3 | However, an officer may continue to record or resume | ||||||
| 4 | recording a victim or a witness, if exigent circumstances | ||||||
| 5 | exist, or if the officer has reasonable articulable | ||||||
| 6 | suspicion that a victim or witness, or confidential | ||||||
| 7 | informant has committed or is in the process of committing | ||||||
| 8 | a crime. Under these circumstances, and unless impractical | ||||||
| 9 | or impossible, the officer must indicate on the recording | ||||||
| 10 | the reason for continuing to record despite the request of | ||||||
| 11 | the victim or witness. | ||||||
| 12 | (4.5) Cameras may be turned off when the officer is | ||||||
| 13 | engaged in community caretaking functions. However, the | ||||||
| 14 | camera must be turned on when the officer has reason to | ||||||
| 15 | believe that the person on whose behalf the officer is | ||||||
| 16 | performing a community caretaking function has committed | ||||||
| 17 | or is in the process of committing a crime. If exigent | ||||||
| 18 | circumstances exist which prevent the camera from being | ||||||
| 19 | turned on, the camera must be turned on as soon as | ||||||
| 20 | practicable. | ||||||
| 21 | (5) The officer must provide notice of recording to | ||||||
| 22 | any person if the person has a reasonable expectation of | ||||||
| 23 | privacy and proof of notice must be evident in the | ||||||
| 24 | recording. If exigent circumstances exist which prevent | ||||||
| 25 | the officer from providing notice, notice must be provided | ||||||
| 26 | as soon as practicable. | ||||||
| |||||||
| |||||||
| 1 | (6) (A) For the purposes of redaction, labeling, or | ||||||
| 2 | duplicating recordings, access to camera recordings shall | ||||||
| 3 | be restricted to only those personnel responsible for | ||||||
| 4 | those purposes. The recording officer or his or her | ||||||
| 5 | supervisor may not redact, label, duplicate, or otherwise | ||||||
| 6 | alter the recording officer's camera recordings. Except as | ||||||
| 7 | otherwise provided in this Section, the recording officer | ||||||
| 8 | and his or her supervisor may access and review recordings | ||||||
| 9 | prior to completing incident reports or other | ||||||
| 10 | documentation, provided that the officer or his or her | ||||||
| 11 | supervisor discloses that fact in the report or | ||||||
| 12 | documentation. | ||||||
| 13 | (i) A law enforcement officer shall not have | ||||||
| 14 | access to or review his or her body-worn camera | ||||||
| 15 | recordings or the body-worn camera recordings of | ||||||
| 16 | another officer prior to completing incident reports | ||||||
| 17 | or other documentation when the officer: | ||||||
| 18 | (a) has been involved in or is a witness to an | ||||||
| 19 | officer-involved shooting, use of deadly force | ||||||
| 20 | incident, or use of force incidents resulting in | ||||||
| 21 | great bodily harm; | ||||||
| 22 | (b) is ordered to write a report in response | ||||||
| 23 | to or during the investigation of a misconduct | ||||||
| 24 | complaint against the officer. | ||||||
| 25 | (ii) If the officer subject to subparagraph (i) | ||||||
| 26 | prepares a report, any report shall be prepared | ||||||
| |||||||
| |||||||
| 1 | without viewing body-worn camera recordings, and | ||||||
| 2 | subject to supervisor's approval, officers may file | ||||||
| 3 | amendatory reports after viewing body-worn camera | ||||||
| 4 | recordings. Supplemental reports under this provision | ||||||
| 5 | shall also contain documentation regarding access to | ||||||
| 6 | the video footage. | ||||||
| 7 | (B) The recording officer's assigned field | ||||||
| 8 | training officer may access and review recordings for | ||||||
| 9 | training purposes. Any detective or investigator | ||||||
| 10 | directly involved in the investigation of a matter may | ||||||
| 11 | access and review recordings which pertain to that | ||||||
| 12 | investigation but may not have access to delete or | ||||||
| 13 | alter such recordings. | ||||||
| 14 | (7) Recordings made on officer-worn cameras must be | ||||||
| 15 | retained by the law enforcement agency or by the camera | ||||||
| 16 | vendor used by the agency, on a recording medium for a | ||||||
| 17 | period of 90 days. | ||||||
| 18 | (A) Under no circumstances shall any recording, | ||||||
| 19 | except for a non-law enforcement related activity or | ||||||
| 20 | encounter, made with an officer-worn body camera be | ||||||
| 21 | altered, erased, or destroyed prior to the expiration | ||||||
| 22 | of the 90-day storage period. In the event any | ||||||
| 23 | recording made with an officer-worn body camera is | ||||||
| 24 | altered, erased, or destroyed prior to the expiration | ||||||
| 25 | of the 90-day storage period, the law enforcement | ||||||
| 26 | agency shall maintain, for a period of one year, a | ||||||
| |||||||
| |||||||
| 1 | written record including (i) the name of the | ||||||
| 2 | individual who made such alteration, erasure, or | ||||||
| 3 | destruction, and (ii) the reason for any such | ||||||
| 4 | alteration, erasure, or destruction. | ||||||
| 5 | (B) Following the 90-day storage period, any and | ||||||
| 6 | all recordings made with an officer-worn body camera | ||||||
| 7 | must be destroyed, unless any encounter captured on | ||||||
| 8 | the recording has been flagged. An encounter is deemed | ||||||
| 9 | to be flagged when: | ||||||
| 10 | (i) a formal or informal complaint has been | ||||||
| 11 | filed; | ||||||
| 12 | (ii) the officer discharged his or her firearm | ||||||
| 13 | or used force during the encounter; | ||||||
| 14 | (iii) death or great bodily harm occurred to | ||||||
| 15 | any person in the recording; | ||||||
| 16 | (iv) the encounter resulted in a detention or | ||||||
| 17 | an arrest, excluding traffic stops which resulted | ||||||
| 18 | in only a minor traffic offense or business | ||||||
| 19 | offense; | ||||||
| 20 | (v) the officer is the subject of an internal | ||||||
| 21 | investigation or otherwise being investigated for | ||||||
| 22 | possible misconduct; | ||||||
| 23 | (vi) the supervisor of the officer, | ||||||
| 24 | prosecutor, defendant, or court determines that | ||||||
| 25 | the encounter has evidentiary value in a criminal | ||||||
| 26 | prosecution; or | ||||||
| |||||||
| |||||||
| 1 | (vii) the recording officer requests that the | ||||||
| 2 | video be flagged for official purposes related to | ||||||
| 3 | his or her official duties or believes it may have | ||||||
| 4 | evidentiary value in a criminal prosecution. | ||||||
| 5 | (C) Under no circumstances shall any recording | ||||||
| 6 | made with an officer-worn body camera relating to a | ||||||
| 7 | flagged encounter be altered or destroyed prior to 2 | ||||||
| 8 | years after the recording was flagged. If the flagged | ||||||
| 9 | recording was used in a criminal, civil, or | ||||||
| 10 | administrative proceeding, the recording shall not be | ||||||
| 11 | destroyed except upon a final disposition and order | ||||||
| 12 | from the court. | ||||||
| 13 | (D) Nothing in this Act prohibits law enforcement | ||||||
| 14 | agencies from labeling officer-worn body camera video | ||||||
| 15 | within the recording medium; provided that the | ||||||
| 16 | labeling does not alter the actual recording of the | ||||||
| 17 | incident captured on the officer-worn body camera. The | ||||||
| 18 | labels, titles, and tags shall not be construed as | ||||||
| 19 | altering the officer-worn body camera video in any | ||||||
| 20 | way. | ||||||
| 21 | (8) Following the 90-day storage period, recordings | ||||||
| 22 | may be retained if a supervisor at the law enforcement | ||||||
| 23 | agency designates the recording for training purposes. If | ||||||
| 24 | the recording is designated for training purposes, the | ||||||
| 25 | recordings may be viewed by officers, in the presence of a | ||||||
| 26 | supervisor or training instructor, for the purposes of | ||||||
| |||||||
| |||||||
| 1 | instruction, training, or ensuring compliance with agency | ||||||
| 2 | policies. | ||||||
| 3 | (9) Recordings shall not be used to discipline law | ||||||
| 4 | enforcement officers unless: | ||||||
| 5 | (A) a formal or informal complaint of misconduct | ||||||
| 6 | has been made; | ||||||
| 7 | (B) a use of force incident has occurred; | ||||||
| 8 | (C) the encounter on the recording could result in | ||||||
| 9 | a formal investigation under the Uniform Peace | ||||||
| 10 | Officers' Disciplinary Act; or | ||||||
| 11 | (D) as corroboration of other evidence of | ||||||
| 12 | misconduct. | ||||||
| 13 | Nothing in this paragraph (9) shall be construed to | ||||||
| 14 | limit or prohibit a law enforcement officer from being | ||||||
| 15 | subject to an action that does not amount to discipline. | ||||||
| 16 | (10) The law enforcement agency shall ensure proper | ||||||
| 17 | care and maintenance of officer-worn body cameras. Upon | ||||||
| 18 | becoming aware, officers must as soon as practical | ||||||
| 19 | document and notify the appropriate supervisor of any | ||||||
| 20 | technical difficulties, failures, or problems with the | ||||||
| 21 | officer-worn body camera or associated equipment. Upon | ||||||
| 22 | receiving notice, the appropriate supervisor shall make | ||||||
| 23 | every reasonable effort to correct and repair any of the | ||||||
| 24 | officer-worn body camera equipment. | ||||||
| 25 | (11) No officer may hinder or prohibit any person, not | ||||||
| 26 | a law enforcement officer, from recording a law | ||||||
| |||||||
| |||||||
| 1 | enforcement officer in the performance of his or her | ||||||
| 2 | duties in a public place or when the officer has no | ||||||
| 3 | reasonable expectation of privacy. The law enforcement | ||||||
| 4 | agency's written policy shall indicate the potential | ||||||
| 5 | criminal penalties, as well as any departmental | ||||||
| 6 | discipline, which may result from unlawful confiscation or | ||||||
| 7 | destruction of the recording medium of a person who is not | ||||||
| 8 | a law enforcement officer. However, an officer may take | ||||||
| 9 | reasonable action to maintain safety and control, secure | ||||||
| 10 | crime scenes and accident sites, protect the integrity and | ||||||
| 11 | confidentiality of investigations, and protect the public | ||||||
| 12 | safety and order. | ||||||
| 13 | (b) Recordings made with the use of an officer-worn body | ||||||
| 14 | camera are not subject to disclosure under the Freedom of | ||||||
| 15 | Information Act, except that: | ||||||
| 16 | (1) if the subject of the encounter has a reasonable | ||||||
| 17 | expectation of privacy, at the time of the recording, any | ||||||
| 18 | recording which is flagged, due to the filing of a | ||||||
| 19 | complaint, discharge of a firearm, use of force, arrest or | ||||||
| 20 | detention, or resulting death or bodily harm, shall be | ||||||
| 21 | disclosed in accordance with the Freedom of Information | ||||||
| 22 | Act if: | ||||||
| 23 | (A) the subject of the encounter captured on the | ||||||
| 24 | recording is a victim or witness; and | ||||||
| 25 | (B) the law enforcement agency obtains written | ||||||
| 26 | permission of the subject or the subject's legal | ||||||
| |||||||
| |||||||
| 1 | representative; | ||||||
| 2 | (2) except as provided in paragraph (1) of this | ||||||
| 3 | subsection (b), any recording which is flagged due to the | ||||||
| 4 | filing of a complaint, discharge of a firearm, use of | ||||||
| 5 | force, arrest or detention, or resulting death or bodily | ||||||
| 6 | harm shall be disclosed in accordance with the Freedom of | ||||||
| 7 | Information Act; and | ||||||
| 8 | (3) upon request, the law enforcement agency shall | ||||||
| 9 | disclose, in accordance with the Freedom of Information | ||||||
| 10 | Act, the recording to the subject of the encounter | ||||||
| 11 | captured on the recording or to the subject's attorney, or | ||||||
| 12 | the officer or his or her legal representative. | ||||||
| 13 | For the purposes of paragraph (1) of this subsection (b), | ||||||
| 14 | the subject of the encounter does not have a reasonable | ||||||
| 15 | expectation of privacy if the subject was arrested as a result | ||||||
| 16 | of the encounter. For purposes of subparagraph (A) of | ||||||
| 17 | paragraph (1) of this subsection (b), "witness" does not | ||||||
| 18 | include a person who is a victim or who was arrested as a | ||||||
| 19 | result of the encounter. | ||||||
| 20 | Only recordings or portions of recordings responsive to | ||||||
| 21 | the request shall be available for inspection or reproduction. | ||||||
| 22 | Any recording disclosed under the Freedom of Information Act | ||||||
| 23 | shall be redacted to remove identification of any person that | ||||||
| 24 | appears on the recording and is not the officer, a subject of | ||||||
| 25 | the encounter, or directly involved in the encounter. Nothing | ||||||
| 26 | in this subsection (b) shall require the disclosure of any | ||||||
| |||||||
| |||||||
| 1 | recording or portion of any recording which would be exempt | ||||||
| 2 | from disclosure under the Freedom of Information Act. | ||||||
| 3 | (c) Nothing in this Section shall limit access to a camera | ||||||
| 4 | recording for the purposes of complying with Supreme Court | ||||||
| 5 | rules or the rules of evidence. | ||||||
| 6 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 7 | 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff. | ||||||
| 8 | 12-6-22.) | ||||||
| 9 | (50 ILCS 706/10-25) | ||||||
| 10 | Sec. 10-25. Reporting. | ||||||
| 11 | (a) Each law enforcement agency which employs the use of | ||||||
| 12 | officer-worn body cameras must provide an annual report on the | ||||||
| 13 | use of officer-worn body cameras to the Board, on or before May | ||||||
| 14 | 1 of the year. The report shall include: | ||||||
| 15 | (1) a brief overview of the makeup of the agency, | ||||||
| 16 | including the number of officers utilizing officer-worn | ||||||
| 17 | body cameras; | ||||||
| 18 | (2) the number of officer-worn body cameras utilized | ||||||
| 19 | by the law enforcement agency; | ||||||
| 20 | (3) any technical issues with the equipment and how | ||||||
| 21 | those issues were remedied; | ||||||
| 22 | (4) a brief description of the review process used by | ||||||
| 23 | supervisors within the law enforcement agency; | ||||||
| 24 | (5) (blank); and | ||||||
| 25 | (5.1) for each recording used in prosecutions of | ||||||
| |||||||
| |||||||
| 1 | conservation, criminal, or traffic offenses or municipal | ||||||
| 2 | ordinance violations: | ||||||
| 3 | (A) the time, date, location, and precinct of the | ||||||
| 4 | incident; and | ||||||
| 5 | (B) the offense charged and the date charges were | ||||||
| 6 | filed; and | ||||||
| 7 | (6) any other information relevant to the | ||||||
| 8 | administration of the program. | ||||||
| 9 | (b) On or before July 30 of each year, the Board must | ||||||
| 10 | analyze the law enforcement agency reports and provide an | ||||||
| 11 | annual report to the General Assembly and the Governor. | ||||||
| 12 | (Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.) | ||||||
| 13 | Section 115. The Law Enforcement Camera Grant Act is | ||||||
| 14 | amended by changing Section 10 as follows: | ||||||
| 15 | (50 ILCS 707/10) | ||||||
| 16 | Sec. 10. Law Enforcement Camera Grant Fund; creation, | ||||||
| 17 | rules. | ||||||
| 18 | (a) The Law Enforcement Camera Grant Fund is created as a | ||||||
| 19 | special fund in the State treasury. From appropriations to the | ||||||
| 20 | Board from the Fund, the Board must make grants to units of | ||||||
| 21 | local government in Illinois and Illinois public universities | ||||||
| 22 | for the purpose of (1) purchasing or leasing in-car video | ||||||
| 23 | cameras for use in law enforcement vehicles, (2) purchasing or | ||||||
| 24 | leasing officer-worn body cameras and associated technology | ||||||
| |||||||
| |||||||
| 1 | for law enforcement officers, and (3) training for law | ||||||
| 2 | enforcement officers in the operation of the cameras. Grants | ||||||
| 3 | under this Section may be used to offset data storage and | ||||||
| 4 | related licensing costs for officer-worn body cameras. For the | ||||||
| 5 | purposes of this Section, "purchasing or leasing" includes | ||||||
| 6 | providing funding to units of local government in advance that | ||||||
| 7 | can be used to obtain this equipment rather than only for | ||||||
| 8 | reimbursement of purchased equipment. | ||||||
| 9 | Moneys received for the purposes of this Section, | ||||||
| 10 | including, without limitation, fee receipts and gifts, grants, | ||||||
| 11 | and awards from any public or private entity, must be | ||||||
| 12 | deposited into the Fund. Any interest earned on moneys in the | ||||||
| 13 | Fund must be deposited into the Fund. | ||||||
| 14 | (b) The Board may set requirements for the distribution of | ||||||
| 15 | grant moneys and determine which law enforcement agencies are | ||||||
| 16 | eligible. | ||||||
| 17 | (b-5) The Board shall consider compliance with the Uniform | ||||||
| 18 | Crime Reporting Act as a factor in awarding grant moneys. | ||||||
| 19 | (c) (Blank). | ||||||
| 20 | (d) (Blank). | ||||||
| 21 | (e) (Blank). | ||||||
| 22 | (f) (Blank). | ||||||
| 23 | (g) (Blank). | ||||||
| 24 | (h) (Blank). | ||||||
| 25 | (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22; | ||||||
| 26 | 103-588, eff. 7-1-24.) | ||||||
| |||||||
| |||||||
| 1 | Section 120. The Uniform Crime Reporting Act is amended by | ||||||
| 2 | changing Sections 5-10, 5-12, and 5-20 as follows: | ||||||
| 3 | (50 ILCS 709/5-10) | ||||||
| 4 | Sec. 5-10. Central repository of crime statistics. | ||||||
| 5 | (a) The Illinois State Police shall be a central | ||||||
| 6 | repository and custodian of crime statistics for the State and | ||||||
| 7 | shall have all the power necessary to carry out the purposes of | ||||||
| 8 | this Act, including the power to demand and receive | ||||||
| 9 | cooperation in the submission of crime statistics from all law | ||||||
| 10 | enforcement agencies. All data and information provided to the | ||||||
| 11 | Illinois State Police under this Act must be provided in a | ||||||
| 12 | manner and form prescribed by the Illinois State Police. On an | ||||||
| 13 | annual basis, the Illinois State Police shall make available | ||||||
| 14 | compilations of crime statistics and monthly reporting | ||||||
| 15 | required to be reported by each law enforcement agency. | ||||||
| 16 | (b) Beginning July 1, 2026, the Illinois State Police | ||||||
| 17 | shall submit to the Illinois Criminal Justice Information | ||||||
| 18 | Authority, or provide to the Authority through web-based | ||||||
| 19 | access, the information the Illinois Criminal Justice | ||||||
| 20 | Information Authority is required to publish under subsection | ||||||
| 21 | (b) of Section 14.1 16 of the Illinois Criminal Justice | ||||||
| 22 | Information Act and that the Illinois State Police has | ||||||
| 23 | collected from law enforcement agencies. | ||||||
| 24 | (Source: P.A. 104-197, eff. 1-1-26; revised 10-27-25.) | ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 709/5-12) | ||||||
| 2 | Sec. 5-12. Monthly reporting. All law enforcement agencies | ||||||
| 3 | shall submit to the Illinois State Police on a monthly basis | ||||||
| 4 | the following: | ||||||
| 5 | (1) beginning January 1, 2016, a report on any | ||||||
| 6 | arrest-related death that shall include information | ||||||
| 7 | regarding the deceased, the officer, any weapon used by | ||||||
| 8 | the officer or the deceased, and the circumstances of the | ||||||
| 9 | incident. The Illinois State Police shall submit on a | ||||||
| 10 | quarterly basis all information collected under this | ||||||
| 11 | paragraph (1) to the Illinois Criminal Justice Information | ||||||
| 12 | Authority, contingent upon updated federal guidelines | ||||||
| 13 | regarding the Uniform Crime Reporting Program; | ||||||
| 14 | (2) beginning January 1, 2017, a report on any | ||||||
| 15 | instance when a law enforcement officer discharges his or | ||||||
| 16 | her firearm causing a non-fatal injury to a person, during | ||||||
| 17 | the performance of his or her official duties or in the | ||||||
| 18 | line of duty; | ||||||
| 19 | (3) a report of incident-based information on hate | ||||||
| 20 | crimes including information describing the offense, | ||||||
| 21 | location of the offense, type of victim, offender, and | ||||||
| 22 | bias motivation. If no hate crime incidents occurred | ||||||
| 23 | during a reporting month, the law enforcement agency must | ||||||
| 24 | submit a no incident record, as required by the Illinois | ||||||
| 25 | State Police; | ||||||
| |||||||
| |||||||
| 1 | (4) a report on any incident of an alleged commission | ||||||
| 2 | of a domestic crime, that shall include information | ||||||
| 3 | regarding the victim, offender, date and time of the | ||||||
| 4 | incident, any injury inflicted, any weapons involved in | ||||||
| 5 | the commission of the offense, and the relationship | ||||||
| 6 | between the victim and the offender; | ||||||
| 7 | (5) data on an index of offenses selected by the | ||||||
| 8 | Illinois State Police based on the seriousness of the | ||||||
| 9 | offense, frequency of occurrence of the offense, and | ||||||
| 10 | likelihood of being reported to law enforcement. The data | ||||||
| 11 | shall include the number of index crime offenses committed | ||||||
| 12 | and number of associated arrests; and | ||||||
| 13 | (6) data on offenses and incidents reported by schools | ||||||
| 14 | to local law enforcement. The data shall include offenses | ||||||
| 15 | defined as an attack against school personnel, | ||||||
| 16 | intimidation offenses, drug incidents, and incidents | ||||||
| 17 | involving weapons. ; | ||||||
| 18 | (7) beginning on July 1, 2021, a report on incidents | ||||||
| 19 | where a law enforcement officer was dispatched to deal | ||||||
| 20 | with a person experiencing a mental health crisis or | ||||||
| 21 | incident. The report shall include the number of | ||||||
| 22 | incidents, the level of law enforcement response and the | ||||||
| 23 | outcome of each incident. For purposes of this Section, a | ||||||
| 24 | "mental health crisis" is when a person's behavior puts | ||||||
| 25 | them at risk of hurting themselves or others or prevents | ||||||
| 26 | them from being able to care for themselves; | ||||||
| |||||||
| |||||||
| 1 | (8) beginning on July 1, 2021, a report on use of | ||||||
| 2 | force, including any action that resulted in the death or | ||||||
| 3 | serious bodily injury of a person or the discharge of a | ||||||
| 4 | firearm at or in the direction of a person. The report | ||||||
| 5 | shall include information required by the Illinois State | ||||||
| 6 | Police, pursuant to Section 5-11 of this Act. | ||||||
| 7 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 8 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
| 9 | (50 ILCS 709/5-20) | ||||||
| 10 | Sec. 5-20. Reporting compliance. The Illinois State Police | ||||||
| 11 | shall annually report to the Illinois Law Enforcement Training | ||||||
| 12 | Standards Board and the Department of Revenue any law | ||||||
| 13 | enforcement agency not in compliance with the reporting | ||||||
| 14 | requirements under this Act. A law enforcement agency's | ||||||
| 15 | compliance with the reporting requirements under this Act | ||||||
| 16 | shall be a factor considered by the Illinois Law Enforcement | ||||||
| 17 | Training Standards Board in awarding grant funding under the | ||||||
| 18 | Law Enforcement Camera Grant Act, with preference to law | ||||||
| 19 | enforcement agencies which are in compliance with reporting | ||||||
| 20 | requirements under this Act. | ||||||
| 21 | (Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21; | ||||||
| 22 | 102-813, eff. 5-13-22.) | ||||||
| 23 | (50 ILCS 709/5-11 rep.) | ||||||
| 24 | Section 125. The Uniform Crime Reporting Act is amended by | ||||||
| |||||||
| |||||||
| 1 | repealing Section 5-11. | ||||||
| 2 | Section 130. The Uniform Peace Officers' Disciplinary Act | ||||||
| 3 | is amended by changing Sections 3.2, 3.4, and 3.8 as follows: | ||||||
| 4 | (50 ILCS 725/3.2) (from Ch. 85, par. 2555) | ||||||
| 5 | Sec. 3.2. No officer shall be subjected to interrogation | ||||||
| 6 | without first being informed in writing of the nature of the | ||||||
| 7 | investigation. If an administrative proceeding is instituted, | ||||||
| 8 | the officer shall be informed beforehand of the names of all | ||||||
| 9 | complainants. The information shall be sufficient as to | ||||||
| 10 | reasonably apprise the officer of the nature of the | ||||||
| 11 | investigation. | ||||||
| 12 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| 13 | (50 ILCS 725/3.4) (from Ch. 85, par. 2557) | ||||||
| 14 | Sec. 3.4. The officer under investigation shall be | ||||||
| 15 | informed in writing of the name, rank and unit or command of | ||||||
| 16 | the officer in charge of the investigation, the interrogators, | ||||||
| 17 | and all persons who will be present on the behalf of the | ||||||
| 18 | employer during any interrogation except at a public | ||||||
| 19 | administrative proceeding. The officer under investigation | ||||||
| 20 | shall inform the employer of any person who will be present on | ||||||
| 21 | his or her behalf during any interrogation except at a public | ||||||
| 22 | administrative hearing. | ||||||
| 23 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 725/3.8) (from Ch. 85, par. 2561) | ||||||
| 2 | Sec. 3.8. Admissions; counsel; verified complaint. | ||||||
| 3 | (a) No officer shall be interrogated without first being | ||||||
| 4 | advised in writing that admissions made in the course of the | ||||||
| 5 | interrogation may be used as evidence of misconduct or as the | ||||||
| 6 | basis for charges seeking suspension, removal, or discharge; | ||||||
| 7 | and without first being advised in writing that he or she has | ||||||
| 8 | the right to counsel of his or her choosing who may be present | ||||||
| 9 | to advise him or her at any stage of any interrogation. | ||||||
| 10 | (b) Anyone It shall not be a requirement for a person | ||||||
| 11 | filing a complaint against a sworn peace officer must to have | ||||||
| 12 | the complaint supported by a sworn affidavit. Any complaint, | ||||||
| 13 | having been supported by a sworn affidavit, and having been | ||||||
| 14 | found, in total or in part, to contain knowingly false | ||||||
| 15 | material information, shall be presented to the appropriate | ||||||
| 16 | State's Attorney for a determination of prosecution. or any | ||||||
| 17 | other legal documentation. This ban on an affidavit | ||||||
| 18 | requirement shall apply to any collective bargaining | ||||||
| 19 | agreements entered after the effective date of this provision. | ||||||
| 20 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| 21 | Section 140. The Uniform Peace Officers' Disciplinary Act | ||||||
| 22 | is amended by adding Section 6.1 as follows: | ||||||
| 23 | (50 ILCS 725/6.1 new) | ||||||
| |||||||
| |||||||
| 1 | Sec. 6.1. Applicability. Except as otherwise provided in | ||||||
| 2 | this Act, the provisions of this Act apply only to the extent | ||||||
| 3 | there is no collective bargaining agreement currently in | ||||||
| 4 | effect dealing with the subject matter of this Act. | ||||||
| 5 | (50 ILCS 727/1-35 rep.) | ||||||
| 6 | Section 145. The Police and Community Relations | ||||||
| 7 | Improvement Act is amended by repealing Section 1-35. | ||||||
| 8 | Section 150. The Counties Code is amended by changing | ||||||
| 9 | Sections 4-5001, 4-12001, and 4-12001.1 as follows: | ||||||
| 10 | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001) | ||||||
| 11 | Sec. 4-5001. Sheriffs; counties of first and second class. | ||||||
| 12 | The fees of sheriffs in counties of the first and second class, | ||||||
| 13 | except when increased by county ordinance under this Section, | ||||||
| 14 | shall be as follows: | ||||||
| 15 | For serving or attempting to serve summons on each | ||||||
| 16 | defendant in each county, $10. | ||||||
| 17 | For serving or attempting to serve an order or judgment | ||||||
| 18 | granting injunctive relief in each county, $10. | ||||||
| 19 | For serving or attempting to serve each garnishee in each | ||||||
| 20 | county, $10. | ||||||
| 21 | For serving or attempting to serve an order for replevin | ||||||
| 22 | in each county, $10. | ||||||
| 23 | For serving or attempting to serve an order for attachment | ||||||
| |||||||
| |||||||
| 1 | on each defendant in each county, $10. | ||||||
| 2 | For serving or attempting to serve a warrant of arrest, | ||||||
| 3 | $8, to be paid upon conviction. | ||||||
| 4 | For returning a defendant from outside the State of | ||||||
| 5 | Illinois, upon conviction, the court shall assess, as court | ||||||
| 6 | costs, the cost of returning a defendant to the jurisdiction. | ||||||
| 7 | For taking special bail, $1 in each county. | ||||||
| 8 | For serving or attempting to serve a subpoena on each | ||||||
| 9 | witness, in each county, $10. | ||||||
| 10 | For advertising property for sale, $5. | ||||||
| 11 | For returning each process, in each county, $5. | ||||||
| 12 | Mileage for each mile of necessary travel to serve any | ||||||
| 13 | such process as Stated above, calculating from the place of | ||||||
| 14 | holding court to the place of residence of the defendant, or | ||||||
| 15 | witness, 50¢ each way. | ||||||
| 16 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
| 17 | all counties. | ||||||
| 18 | For serving or attempting to serve notice of judgments or | ||||||
| 19 | levying to enforce a judgment, $3 with 50¢ mileage each way in | ||||||
| 20 | all counties. | ||||||
| 21 | For taking possession of and removing property levied on, | ||||||
| 22 | the officer shall be allowed to tax the actual cost of such | ||||||
| 23 | possession or removal. | ||||||
| 24 | For feeding each prisoner, such compensation to cover the | ||||||
| 25 | actual cost as may be fixed by the county board, but such | ||||||
| 26 | compensation shall not be considered a part of the fees of the | ||||||
| |||||||
| |||||||
| 1 | office. | ||||||
| 2 | For attending before a court with prisoner, on an order | ||||||
| 3 | for habeas corpus, in each county, $10 per day. | ||||||
| 4 | For attending before a court with a prisoner in any | ||||||
| 5 | criminal proceeding, in each county, $10 per day. | ||||||
| 6 | For each mile of necessary travel in taking such prisoner | ||||||
| 7 | before the court as stated above, 15¢ a mile each way. | ||||||
| 8 | For serving or attempting to serve an order or judgment | ||||||
| 9 | for the possession of real estate in an action of ejectment or | ||||||
| 10 | in any other action, or for restitution in an eviction action | ||||||
| 11 | without aid, $10 and when aid is necessary, the sheriff shall | ||||||
| 12 | be allowed to tax in addition the actual costs thereof, and for | ||||||
| 13 | each mile of necessary travel, 50¢ each way. | ||||||
| 14 | For executing and acknowledging a deed of sale of real | ||||||
| 15 | estate, in counties of first class, $4; second class, $4. | ||||||
| 16 | For preparing, executing and acknowledging a deed on | ||||||
| 17 | redemption from a court sale of real estate in counties of | ||||||
| 18 | first class, $5; second class, $5. | ||||||
| 19 | For making certificates of sale, and making and filing | ||||||
| 20 | duplicate, in counties of first class, $3; in counties of the | ||||||
| 21 | second class, $3. | ||||||
| 22 | For making certificate of redemption, $3. | ||||||
| 23 | For certificate of levy and filing, $3, and the fee for | ||||||
| 24 | recording shall be advanced by the judgment creditor and | ||||||
| 25 | charged as costs. | ||||||
| 26 | For taking all civil bonds on legal process, civil and | ||||||
| |||||||
| |||||||
| 1 | criminal, in counties of first class, $1; in second class, $1. | ||||||
| 2 | For executing copies in criminal cases, $4 and mileage for | ||||||
| 3 | each mile of necessary travel, 20¢ each way. | ||||||
| 4 | For executing requisitions from other states, $5. | ||||||
| 5 | For conveying each prisoner from the prisoner's own county | ||||||
| 6 | to the jail of another county, or from another county to the | ||||||
| 7 | jail of the prisoner's county, per mile, for going, only, 30¢. | ||||||
| 8 | For conveying persons to the penitentiary, reformatories, | ||||||
| 9 | Illinois State Training School for Boys, Illinois State | ||||||
| 10 | Training School for Girls and Reception Centers, the following | ||||||
| 11 | fees, payable out of the State treasury. For each person who is | ||||||
| 12 | conveyed, 35¢ per mile in going only to the penitentiary, | ||||||
| 13 | reformatory, Illinois State Training School for Boys, Illinois | ||||||
| 14 | State Training School for Girls and Reception Centers, from | ||||||
| 15 | the place of conviction. | ||||||
| 16 | The fees provided for transporting persons to the | ||||||
| 17 | penitentiary, reformatories, Illinois State Training School | ||||||
| 18 | for Boys, Illinois State Training School for Girls and | ||||||
| 19 | Reception Centers shall be paid for each trip so made. Mileage | ||||||
| 20 | as used in this Section means the shortest practical route, | ||||||
| 21 | between the place from which the person is to be transported, | ||||||
| 22 | to the penitentiary, reformatories, Illinois State Training | ||||||
| 23 | School for Boys, Illinois State Training School for Girls and | ||||||
| 24 | Reception Centers and all fees per mile shall be computed on | ||||||
| 25 | such basis. | ||||||
| 26 | For conveying any person to or from any of the charitable | ||||||
| |||||||
| |||||||
| 1 | institutions of the State, when properly committed by | ||||||
| 2 | competent authority, when one person is conveyed, 35¢ per | ||||||
| 3 | mile; when two persons are conveyed at the same time, 35¢ per | ||||||
| 4 | mile for the first person and 20¢ per mile for the second | ||||||
| 5 | person; and 10¢ per mile for each additional person. | ||||||
| 6 | For conveying a person from the penitentiary to the county | ||||||
| 7 | jail when required by law, 35¢ per mile. | ||||||
| 8 | For attending Supreme Court, $10 per day. | ||||||
| 9 | In addition to the above fees there shall be allowed to the | ||||||
| 10 | sheriff a fee of $600 for the sale of real estate which is made | ||||||
| 11 | by virtue of any judgment of a court, except that in the case | ||||||
| 12 | of a sale of unimproved real estate which sells for $10,000 or | ||||||
| 13 | less, the fee shall be $150. In addition to this fee and all | ||||||
| 14 | other fees provided by this Section, there shall be allowed to | ||||||
| 15 | the sheriff a fee in accordance with the following schedule | ||||||
| 16 | for the sale of personal estate which is made by virtue of any | ||||||
| 17 | judgment of a court: | ||||||
| 18 | For judgments up to $1,000, $75; | ||||||
| 19 | For judgments from $1,001 to $15,000, $150; | ||||||
| 20 | For judgments over $15,000, $300. | ||||||
| 21 | The foregoing fees allowed by this Section are the maximum | ||||||
| 22 | fees that may be collected from any officer, agency, | ||||||
| 23 | department or other instrumentality of the State. The county | ||||||
| 24 | board may, however, by ordinance, increase the fees allowed by | ||||||
| 25 | this Section and collect those increased fees from all persons | ||||||
| 26 | and entities other than officers, agencies, departments and | ||||||
| |||||||
| |||||||
| 1 | other instrumentalities of the State if the increase is | ||||||
| 2 | justified by an acceptable cost study showing that the fees | ||||||
| 3 | allowed by this Section are not sufficient to cover the costs | ||||||
| 4 | of providing the service. A statement of the costs of | ||||||
| 5 | providing each service, program and activity shall be prepared | ||||||
| 6 | by the county board. All supporting documents shall be public | ||||||
| 7 | records and subject to public examination and audit. All | ||||||
| 8 | direct and indirect costs, as defined in the United States | ||||||
| 9 | Office of Management and Budget Circular A-87, may be included | ||||||
| 10 | in the determination of the costs of each service, program and | ||||||
| 11 | activity. | ||||||
| 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 his fee for levying and mileage, together with half | ||||||
| 16 | the fee for all money collected by him which he would be | ||||||
| 17 | entitled to if the same was made by sale to enforce the | ||||||
| 18 | judgment. In no case shall the fee exceed the amount of money | ||||||
| 19 | arising from the sale. | ||||||
| 20 | The fee requirements of this Section do not apply to | ||||||
| 21 | police departments or other law enforcement agencies. For the | ||||||
| 22 | purposes of this Section, "law enforcement agency" means an | ||||||
| 23 | agency of the State or unit of local government which is vested | ||||||
| 24 | by law or ordinance with the duty to maintain public order and | ||||||
| 25 | to enforce criminal laws. | ||||||
| 26 | (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
| |||||||
| |||||||
| 1 | 101-652, eff. 1-1-23.) | ||||||
| 2 | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001) | ||||||
| 3 | (Text of Section before amendment by P.A. 104-96) | ||||||
| 4 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
| 5 | officers herein named, in counties of the third class, shall | ||||||
| 6 | be entitled to receive the fees herein specified, for the | ||||||
| 7 | services mentioned and such other fees as may be provided by | ||||||
| 8 | law for such other services not herein designated. | ||||||
| 9 | Fees for Sheriff | ||||||
| 10 | For serving or attempting to serve any summons on each | ||||||
| 11 | defendant, $35. | ||||||
| 12 | For serving or attempting to serve each alias summons or | ||||||
| 13 | other process mileage will be charged as hereinafter provided | ||||||
| 14 | when the address for service differs from the address for | ||||||
| 15 | service on the original summons or other process. | ||||||
| 16 | For serving or attempting to serve all other process, on | ||||||
| 17 | each defendant, $35. | ||||||
| 18 | For serving or attempting to serve a subpoena on each | ||||||
| 19 | witness, $35. | ||||||
| 20 | For serving or attempting to serve each warrant, $35. | ||||||
| 21 | For serving or attempting to serve each garnishee, $35. | ||||||
| 22 | For summoning each juror, $10. | ||||||
| 23 | For serving or attempting to serve each order or judgment | ||||||
| 24 | for replevin, $35. | ||||||
| 25 | For serving or attempting to serve an order for | ||||||
| |||||||
| |||||||
| 1 | attachment, on each defendant, $35. | ||||||
| 2 | For serving or attempting to serve an order or judgment | ||||||
| 3 | for the possession of real estate in an action of ejectment or | ||||||
| 4 | in any other action, or for restitution in an eviction action, | ||||||
| 5 | without aid, $35, and when aid is necessary, the sheriff shall | ||||||
| 6 | be allowed to tax in addition the actual costs thereof. | ||||||
| 7 | For serving or attempting to serve notice of judgment, | ||||||
| 8 | $35. | ||||||
| 9 | For levying to satisfy an order in an action for | ||||||
| 10 | attachment, $25. | ||||||
| 11 | For executing order of court to seize personal property, | ||||||
| 12 | $25. | ||||||
| 13 | For making certificate of levy on real estate and filing | ||||||
| 14 | or recording same, $8, and the fee for filing or recording | ||||||
| 15 | shall be advanced by the plaintiff in attachment or by the | ||||||
| 16 | judgment creditor and taxed as costs. For taking possession of | ||||||
| 17 | or removing property levied on, the sheriff shall be allowed | ||||||
| 18 | to tax the necessary actual costs of such possession or | ||||||
| 19 | removal. | ||||||
| 20 | For advertising property for sale, $20. | ||||||
| 21 | For making certificate of sale and making and filing | ||||||
| 22 | duplicate for record, $15, and the fee for recording same | ||||||
| 23 | shall be advanced by the judgment creditor and taxed as costs. | ||||||
| 24 | For preparing, executing and acknowledging deed on | ||||||
| 25 | redemption from a court sale of real estate, $15; for | ||||||
| 26 | preparing, executing and acknowledging all other deeds on sale | ||||||
| |||||||
| |||||||
| 1 | of real estate, $10. | ||||||
| 2 | For making and filing certificate of redemption, $15, and | ||||||
| 3 | the fee for recording same shall be advanced by party making | ||||||
| 4 | the redemption and taxed as costs. | ||||||
| 5 | For making and filing certificate of redemption from a | ||||||
| 6 | court sale, $11, and the fee for recording same shall be | ||||||
| 7 | advanced by the party making the redemption and taxed as | ||||||
| 8 | costs. | ||||||
| 9 | For taking all bonds on legal process, $10. | ||||||
| 10 | For returning each process, $15. | ||||||
| 11 | Mileage for service or attempted service of all process is | ||||||
| 12 | a $10 flat fee. | ||||||
| 13 | For attending before a court with a prisoner on an order | ||||||
| 14 | for habeas corpus, $9 per day. | ||||||
| 15 | For executing requisitions from other States, $13. | ||||||
| 16 | For conveying each prisoner from the prisoner's county to | ||||||
| 17 | the jail of another county, per mile for going only, 25¢. | ||||||
| 18 | For committing to or discharging each prisoner from jail, | ||||||
| 19 | $3. | ||||||
| 20 | For feeding each prisoner, such compensation to cover | ||||||
| 21 | actual costs as may be fixed by the county board, but such | ||||||
| 22 | compensation shall not be considered a part of the fees of the | ||||||
| 23 | office. | ||||||
| 24 | For committing each prisoner to jail under the laws of the | ||||||
| 25 | United States, to be paid by the marshal or other person | ||||||
| 26 | requiring his confinement, $3. | ||||||
| |||||||
| |||||||
| 1 | For feeding such prisoners per day, $3, to be paid by the | ||||||
| 2 | marshal or other person requiring the prisoner's confinement. | ||||||
| 3 | For discharging such prisoners, $3. | ||||||
| 4 | For conveying persons to the penitentiary, reformatories, | ||||||
| 5 | Illinois State Training School for Boys, Illinois State | ||||||
| 6 | Training School for Girls, Reception Centers and Illinois | ||||||
| 7 | Security Hospital, the following fees, payable out of the | ||||||
| 8 | State Treasury. When one person is conveyed, 20¢ per mile in | ||||||
| 9 | going to the penitentiary, reformatories, Illinois State | ||||||
| 10 | Training School for Boys, Illinois State Training School for | ||||||
| 11 | Girls, Reception Centers and Illinois Security Hospital from | ||||||
| 12 | the place of conviction; when 2 persons are conveyed at the | ||||||
| 13 | same time, 20¢ per mile for the first and 15¢ per mile for the | ||||||
| 14 | second person; when more than 2 persons are conveyed at the | ||||||
| 15 | same time as Stated above, the sheriff shall be allowed 20¢ per | ||||||
| 16 | mile for the first, 15¢ per mile for the second and 10¢ per | ||||||
| 17 | mile for each additional person. | ||||||
| 18 | The fees provided for herein for transporting persons to | ||||||
| 19 | the penitentiary, reformatories, Illinois State Training | ||||||
| 20 | School for Boys, Illinois State Training School for Girls, | ||||||
| 21 | Reception Centers and Illinois Security Hospital, shall be | ||||||
| 22 | paid for each trip so made. Mileage as used in this Section | ||||||
| 23 | means the shortest route on a hard surfaced road, (either | ||||||
| 24 | State Bond Issue Route or Federal highways) or railroad, | ||||||
| 25 | whichever is shorter, between the place from which the person | ||||||
| 26 | is to be transported, to the penitentiary, reformatories, | ||||||
| |||||||
| |||||||
| 1 | Illinois State Training School for Boys, Illinois State | ||||||
| 2 | Training School for Girls, Reception Centers and Illinois | ||||||
| 3 | Security Hospital, and all fees per mile shall be computed on | ||||||
| 4 | such basis. | ||||||
| 5 | In addition to the above fees, there shall be allowed to | ||||||
| 6 | the sheriff a fee of $900 for the sale of real estate which | ||||||
| 7 | shall be made by virtue of any judgment of a court. In addition | ||||||
| 8 | to this fee and all other fees provided by this Section, there | ||||||
| 9 | shall be allowed to the sheriff a fee in accordance with the | ||||||
| 10 | following schedule for the sale of personal estate which is | ||||||
| 11 | made by virtue of any judgment of a court: | ||||||
| 12 | For judgments up to $1,000, $100; | ||||||
| 13 | For judgments over $1,000 to $15,000, $300; | ||||||
| 14 | For judgments over $15,000, $500. | ||||||
| 15 | In all cases where the judgment is settled by the parties, | ||||||
| 16 | replevied, stopped by injunction or paid, or where the | ||||||
| 17 | property levied upon is not actually sold, the sheriff shall | ||||||
| 18 | be allowed the fee for levying and mileage, together with half | ||||||
| 19 | the fee for all money collected by him or her which he or she | ||||||
| 20 | would be entitled to if the same were made by sale in the | ||||||
| 21 | enforcement of a judgment. In no case shall the fee exceed the | ||||||
| 22 | amount of money arising from the sale. | ||||||
| 23 | The fee requirements of this Section do not apply to | ||||||
| 24 | police departments or other law enforcement agencies. For the | ||||||
| 25 | purposes of this Section, "law enforcement agency" means an | ||||||
| 26 | agency of the State or unit of local government which is vested | ||||||
| |||||||
| |||||||
| 1 | by law or ordinance with the duty to maintain public order and | ||||||
| 2 | to enforce criminal laws or ordinances. | ||||||
| 3 | The fee requirements of this Section do not apply to units | ||||||
| 4 | of local government or school districts. | ||||||
| 5 | (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.) | ||||||
| 6 | (Text of Section after amendment by P.A. 104-96) | ||||||
| 7 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
| 8 | officers herein named, in counties of the third class, shall | ||||||
| 9 | be entitled to receive the fees herein specified, for the | ||||||
| 10 | services mentioned and such other fees as may be provided by | ||||||
| 11 | law for such other services not herein designated. | ||||||
| 12 | Fees for Sheriff | ||||||
| 13 | For serving or attempting to serve any summons filed in | ||||||
| 14 | person on each defendant, $60. | ||||||
| 15 | For serving or attempting to serve any summons filed | ||||||
| 16 | electronically on each defendant, $35. | ||||||
| 17 | For serving or attempting to serve each alias summons or | ||||||
| 18 | other process mileage will be charged as hereinafter provided | ||||||
| 19 | when the address for service differs from the address for | ||||||
| 20 | service on the original summons or other process. | ||||||
| 21 | For serving or attempting to serve all other process filed | ||||||
| 22 | in person on each defendant, $60. | ||||||
| 23 | For serving or attempting to serve all other process filed | ||||||
| 24 | electronically on each defendant, $35. | ||||||
| 25 | For serving or attempting to serve a subpoena on each | ||||||
| |||||||
| |||||||
| 1 | witness, $35. | ||||||
| 2 | For serving or attempting to serve each warrant, $35. | ||||||
| 3 | For serving or attempting to serve each garnishee, $35. | ||||||
| 4 | For summoning each juror, $10. | ||||||
| 5 | For serving or attempting to serve each order or judgment | ||||||
| 6 | for replevin, $35. | ||||||
| 7 | For serving or attempting to serve an order for | ||||||
| 8 | attachment, on each defendant, $35. | ||||||
| 9 | For serving or attempting to serve an order or judgment | ||||||
| 10 | for the possession of real estate in an action of ejectment or | ||||||
| 11 | in any other action, or for restitution in an eviction action, | ||||||
| 12 | without aid, $60, and when aid is necessary, the sheriff shall | ||||||
| 13 | be allowed to tax in addition the actual costs of service. | ||||||
| 14 | For serving or attempting to serve an order or judgment | ||||||
| 15 | for the possession of real estate in an action of ejectment or | ||||||
| 16 | in any other action, or for restitution in an eviction action, | ||||||
| 17 | without aid, when filed electronically $35, and when aid is | ||||||
| 18 | necessary, the sheriff shall be allowed to tax in addition the | ||||||
| 19 | actual costs of service. | ||||||
| 20 | For serving or attempting to serve notice of judgment, | ||||||
| 21 | $35. | ||||||
| 22 | For levying to satisfy an order in an action for | ||||||
| 23 | attachment, $25. | ||||||
| 24 | For executing order of court to seize personal property, | ||||||
| 25 | $25. | ||||||
| 26 | For making certificate of levy on real estate and filing | ||||||
| |||||||
| |||||||
| 1 | or recording same, $8, and the fee for filing or recording | ||||||
| 2 | shall be advanced by the plaintiff in attachment or by the | ||||||
| 3 | judgment creditor and taxed as costs. For taking possession of | ||||||
| 4 | or removing property levied on, the sheriff shall be allowed | ||||||
| 5 | to tax the necessary actual costs of such possession or | ||||||
| 6 | removal. | ||||||
| 7 | For advertising property for sale, $20. | ||||||
| 8 | For making certificate of sale and making and filing | ||||||
| 9 | duplicate for record, $15, and the fee for recording same | ||||||
| 10 | shall be advanced by the judgment creditor and taxed as costs. | ||||||
| 11 | For preparing, executing and acknowledging deed on | ||||||
| 12 | redemption from a court sale of real estate, $15; for | ||||||
| 13 | preparing, executing and acknowledging all other deeds on sale | ||||||
| 14 | of real estate, $10. | ||||||
| 15 | For making and filing certificate of redemption, $15, and | ||||||
| 16 | the fee for recording same shall be advanced by party making | ||||||
| 17 | the redemption and taxed as costs. | ||||||
| 18 | For making and filing certificate of redemption from a | ||||||
| 19 | court sale, $11, and the fee for recording same shall be | ||||||
| 20 | advanced by the party making the redemption and taxed as | ||||||
| 21 | costs. | ||||||
| 22 | For taking all bonds on legal process, $10. | ||||||
| 23 | For returning each process initially filed in person, $25. | ||||||
| 24 | For taking special bail, $5. | ||||||
| 25 | For returning each process initially filed electronically, | ||||||
| 26 | $15. | ||||||
| |||||||
| |||||||
| 1 | Mileage for service or attempted service of all process is | ||||||
| 2 | a $10 flat fee. | ||||||
| 3 | For attending before a court with a prisoner on an order | ||||||
| 4 | for habeas corpus, $9 per day. | ||||||
| 5 | For executing requisitions from other States, $13. | ||||||
| 6 | For conveying each prisoner from the prisoner's county to | ||||||
| 7 | the jail of another county, per mile for going only, 25¢. | ||||||
| 8 | For committing to or discharging each prisoner from jail, | ||||||
| 9 | $3. | ||||||
| 10 | For feeding each prisoner, such compensation to cover | ||||||
| 11 | actual costs as may be fixed by the county board, but such | ||||||
| 12 | compensation shall not be considered a part of the fees of the | ||||||
| 13 | office. | ||||||
| 14 | For committing each prisoner to jail under the laws of the | ||||||
| 15 | United States, to be paid by the marshal or other person | ||||||
| 16 | requiring his confinement, $3. | ||||||
| 17 | For feeding such prisoners per day, $3, to be paid by the | ||||||
| 18 | marshal or other person requiring the prisoner's confinement. | ||||||
| 19 | For discharging such prisoners, $3. | ||||||
| 20 | For conveying persons to the penitentiary, reformatories, | ||||||
| 21 | Illinois State Training School for Boys, Illinois State | ||||||
| 22 | Training School for Girls, Reception Centers and Illinois | ||||||
| 23 | Security Hospital, the following fees, payable out of the | ||||||
| 24 | State Treasury. When one person is conveyed, 20¢ per mile in | ||||||
| 25 | going to the penitentiary, reformatories, Illinois State | ||||||
| 26 | Training School for Boys, Illinois State Training School for | ||||||
| |||||||
| |||||||
| 1 | Girls, Reception Centers and Illinois Security Hospital from | ||||||
| 2 | the place of conviction; when 2 persons are conveyed at the | ||||||
| 3 | same time, 20¢ per mile for the first and 15¢ per mile for the | ||||||
| 4 | second person; when more than 2 persons are conveyed at the | ||||||
| 5 | same time as Stated above, the sheriff shall be allowed 20¢ per | ||||||
| 6 | mile for the first, 15¢ per mile for the second and 10¢ per | ||||||
| 7 | mile for each additional person. | ||||||
| 8 | The fees provided for herein for transporting persons to | ||||||
| 9 | the penitentiary, reformatories, Illinois State Training | ||||||
| 10 | School for Boys, Illinois State Training School for Girls, | ||||||
| 11 | Reception Centers and Illinois Security Hospital, shall be | ||||||
| 12 | paid for each trip so made. Mileage as used in this Section | ||||||
| 13 | means the shortest route on a hard surfaced road, (either | ||||||
| 14 | State Bond Issue Route or Federal highways) or railroad, | ||||||
| 15 | whichever is shorter, between the place from which the person | ||||||
| 16 | is to be transported, to the penitentiary, reformatories, | ||||||
| 17 | Illinois State Training School for Boys, Illinois State | ||||||
| 18 | Training School for Girls, Reception Centers and Illinois | ||||||
| 19 | Security Hospital, and all fees per mile shall be computed on | ||||||
| 20 | such basis. | ||||||
| 21 | In addition to the above fees, there shall be allowed to | ||||||
| 22 | the sheriff a fee of $900 for the sale of real estate which | ||||||
| 23 | shall be made by virtue of any judgment of a court. In addition | ||||||
| 24 | to this fee and all other fees provided by this Section, there | ||||||
| 25 | shall be allowed to the sheriff a fee in accordance with the | ||||||
| 26 | following schedule for the sale of personal estate which is | ||||||
| |||||||
| |||||||
| 1 | made by virtue of any judgment of a court: | ||||||
| 2 | For judgments up to $1,000, $100; | ||||||
| 3 | For judgments over $1,000 to $15,000, $300; | ||||||
| 4 | For judgments over $15,000, $500. | ||||||
| 5 | In all cases where the judgment is settled by the parties, | ||||||
| 6 | replevied, stopped by injunction or paid, or where the | ||||||
| 7 | property levied upon is not actually sold, the sheriff shall | ||||||
| 8 | be allowed the fee for levying and mileage, together with half | ||||||
| 9 | the fee for all money collected by him or her which he or she | ||||||
| 10 | would be entitled to if the same were made by sale in the | ||||||
| 11 | enforcement of a judgment. In no case shall the fee exceed the | ||||||
| 12 | amount of money arising from the sale. | ||||||
| 13 | The fee requirements of this Section do not apply to | ||||||
| 14 | police departments or other law enforcement agencies. For the | ||||||
| 15 | purposes of this Section, "law enforcement agency" means an | ||||||
| 16 | agency of the State or unit of local government which is vested | ||||||
| 17 | by law or ordinance with the duty to maintain public order and | ||||||
| 18 | to enforce criminal laws or ordinances. | ||||||
| 19 | The fee requirements of this Section do not apply to units | ||||||
| 20 | of local government or school districts. | ||||||
| 21 | (Source: P.A. 104-96, eff. 1-1-26.) | ||||||
| 22 | (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1) | ||||||
| 23 | Sec. 4-12001.1. Fees of sheriff in third class counties; | ||||||
| 24 | local governments and school districts. The officers herein | ||||||
| 25 | named, in counties of the third class, shall be entitled to | ||||||
| |||||||
| |||||||
| 1 | receive the fees herein specified from all units of local | ||||||
| 2 | government and school districts, for the services mentioned | ||||||
| 3 | and such other fees as may be provided by law for such other | ||||||
| 4 | services not herein designated. | ||||||
| 5 | Fees for Sheriff | ||||||
| 6 | For serving or attempting to serve any summons on each | ||||||
| 7 | defendant, $25. | ||||||
| 8 | For serving or attempting to serve each alias summons or | ||||||
| 9 | other process mileage will be charged as hereinafter provided | ||||||
| 10 | when the address for service differs from the address for | ||||||
| 11 | service on the original summons or other process. | ||||||
| 12 | For serving or attempting to serve all other process, on | ||||||
| 13 | each defendant, $25. | ||||||
| 14 | For serving or attempting to serve a subpoena on each | ||||||
| 15 | witness, $25. | ||||||
| 16 | For serving or attempting to serve each warrant, $25. | ||||||
| 17 | For serving or attempting to serve each garnishee, $25. | ||||||
| 18 | For summoning each juror, $4. | ||||||
| 19 | For serving or attempting to serve each order or judgment | ||||||
| 20 | for replevin, $25. | ||||||
| 21 | For serving or attempting to serve an order for | ||||||
| 22 | attachment, on each defendant, $25. | ||||||
| 23 | For serving or attempting to serve an order or judgment | ||||||
| 24 | for the possession of real estate in an action of ejectment or | ||||||
| 25 | in any other action, or for restitution in an eviction action, | ||||||
| 26 | without aid, $9, and when aid is necessary, the sheriff shall | ||||||
| |||||||
| |||||||
| 1 | be allowed to tax in addition the actual costs thereof. | ||||||
| 2 | For serving or attempting to serve notice of judgment, | ||||||
| 3 | $25. | ||||||
| 4 | For levying to satisfy an order in an action for | ||||||
| 5 | attachment, $25. | ||||||
| 6 | For executing order of court to seize personal property, | ||||||
| 7 | $25. | ||||||
| 8 | For making certificate of levy on real estate and filing | ||||||
| 9 | or recording same, $3, and the fee for filing or recording | ||||||
| 10 | shall be advanced by the plaintiff in attachment or by the | ||||||
| 11 | judgment creditor and taxed as costs. For taking possession of | ||||||
| 12 | or removing property levied on, the sheriff shall be allowed | ||||||
| 13 | to tax the necessary actual costs of such possession or | ||||||
| 14 | removal. | ||||||
| 15 | For advertising property for sale, $3. | ||||||
| 16 | For making certificate of sale and making and filing | ||||||
| 17 | duplicate for record, $3, and the fee for recording same shall | ||||||
| 18 | be advanced by the judgment creditor and taxed as costs. | ||||||
| 19 | For preparing, executing and acknowledging deed on | ||||||
| 20 | redemption from a court sale of real estate, $6; for | ||||||
| 21 | preparing, executing and acknowledging all other deeds on sale | ||||||
| 22 | of real estate, $4. | ||||||
| 23 | For making and filing certificate of redemption, $3.50, | ||||||
| 24 | and the fee for recording same shall be advanced by party | ||||||
| 25 | making the redemption and taxed as costs. | ||||||
| 26 | For making and filing certificate of redemption from a | ||||||
| |||||||
| |||||||
| 1 | court sale, $4.50, and the fee for recording same shall be | ||||||
| 2 | advanced by the party making the redemption and taxed as | ||||||
| 3 | costs. | ||||||
| 4 | For taking all bonds on legal process, $2. | ||||||
| 5 | For taking special bail, $2. | ||||||
| 6 | For returning each process, $5. | ||||||
| 7 | Mileage for service or attempted service of all process is | ||||||
| 8 | a $10 flat fee. | ||||||
| 9 | For attending before a court with a prisoner on an order | ||||||
| 10 | for habeas corpus, $3.50 per day. | ||||||
| 11 | For executing requisitions from other States, $5. | ||||||
| 12 | For conveying each prisoner from the prisoner's county to | ||||||
| 13 | the jail of another county, per mile for going only, 25¢. | ||||||
| 14 | For committing to or discharging each prisoner from jail, | ||||||
| 15 | $1. | ||||||
| 16 | For feeding each prisoner, such compensation to cover | ||||||
| 17 | actual costs as may be fixed by the county board, but such | ||||||
| 18 | compensation shall not be considered a part of the fees of the | ||||||
| 19 | office. | ||||||
| 20 | For committing each prisoner to jail under the laws of the | ||||||
| 21 | United States, to be paid by the marshal or other person | ||||||
| 22 | requiring his confinement, $1. | ||||||
| 23 | For feeding such prisoners per day, $1, to be paid by the | ||||||
| 24 | marshal or other person requiring the prisoner's confinement. | ||||||
| 25 | For discharging such prisoners, $1. | ||||||
| 26 | For conveying persons to the penitentiary, reformatories, | ||||||
| |||||||
| |||||||
| 1 | Illinois State Training School for Boys, Illinois State | ||||||
| 2 | Training School for Girls, Reception Centers and Illinois | ||||||
| 3 | Security Hospital, the following fees, payable out of the | ||||||
| 4 | State Treasury. When one person is conveyed, 15¢ per mile in | ||||||
| 5 | going to the penitentiary, reformatories, Illinois State | ||||||
| 6 | Training School for Boys, Illinois State Training School for | ||||||
| 7 | Girls, Reception Centers and Illinois Security Hospital from | ||||||
| 8 | the place of conviction; when 2 persons are conveyed at the | ||||||
| 9 | same time, 15¢ per mile for the first and 10¢ per mile for the | ||||||
| 10 | second person; when more than 2 persons are conveyed at the | ||||||
| 11 | same time as stated above, the sheriff shall be allowed 15¢ per | ||||||
| 12 | mile for the first, 10¢ per mile for the second and 5¢ per mile | ||||||
| 13 | for each additional person. | ||||||
| 14 | The fees provided for herein for transporting persons to | ||||||
| 15 | the penitentiary, reformatories, Illinois State Training | ||||||
| 16 | School for Boys, Illinois State Training School for Girls, | ||||||
| 17 | Reception Centers and Illinois Security Hospital, shall be | ||||||
| 18 | paid for each trip so made. Mileage as used in this Section | ||||||
| 19 | means the shortest route on a hard surfaced road, (either | ||||||
| 20 | State Bond Issue Route or Federal highways) or railroad, | ||||||
| 21 | whichever is shorter, between the place from which the person | ||||||
| 22 | is to be transported, to the penitentiary, reformatories, | ||||||
| 23 | Illinois State Training School for Boys, Illinois State | ||||||
| 24 | Training School for Girls, Reception Centers and Illinois | ||||||
| 25 | Security Hospital, and all fees per mile shall be computed on | ||||||
| 26 | such basis. | ||||||
| |||||||
| |||||||
| 1 | In addition to the above fees, there shall be allowed to | ||||||
| 2 | the sheriff a fee of $600 for the sale of real estate which | ||||||
| 3 | shall be made by virtue of any judgment of a court. In addition | ||||||
| 4 | to this fee and all other fees provided by this Section, there | ||||||
| 5 | shall be allowed to the sheriff a fee in accordance with the | ||||||
| 6 | following schedule for the sale of personal estate which is | ||||||
| 7 | made by virtue of any judgment of a court: | ||||||
| 8 | For judgments up to $1,000, $90; | ||||||
| 9 | For judgments over $1,000 to $15,000, $275; | ||||||
| 10 | For judgments over $15,000, $400. | ||||||
| 11 | In all cases where the judgment is settled by the parties, | ||||||
| 12 | replevied, stopped by injunction or paid, or where the | ||||||
| 13 | property levied upon is not actually sold, the sheriff shall | ||||||
| 14 | be allowed the fee for levying and mileage, together with half | ||||||
| 15 | the fee for all money collected by him or her which he or she | ||||||
| 16 | would be entitled to if the same were made by sale in the | ||||||
| 17 | enforcement of a judgment. In no case shall the fee exceed the | ||||||
| 18 | amount of money arising from the sale. | ||||||
| 19 | All fees collected under Sections 4-12001 and 4-12001.1 | ||||||
| 20 | must be used for public safety purposes only. | ||||||
| 21 | (Source: P.A. 100-173, eff. 1-1-18; 101-652, eff. 1-1-23.) | ||||||
| 22 | (55 ILCS 5/3-4014 rep.) | ||||||
| 23 | (55 ILCS 5/3-6041 rep.) | ||||||
| 24 | Section 155. The Counties Code is amended by repealing | ||||||
| 25 | Sections 3-4014 and 3-6041. | ||||||
| |||||||
| |||||||
| 1 | (65 ILCS 5/11-5.1-2 rep.) | ||||||
| 2 | Section 160. The Illinois Municipal Code is amended by | ||||||
| 3 | repealing Section 11-5.1-2. | ||||||
| 4 | Section 165. The Illinois Municipal Code is amended by | ||||||
| 5 | adding Section 1-2-12.2 as follows: | ||||||
| 6 | (65 ILCS 5/1-2-12.2 new) | ||||||
| 7 | Sec. 1-2-12.2. 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 | Section 170. The Campus Security Enhancement Act of 2008 | ||||||
| 12 | is amended by changing Section 15 as follows: | ||||||
| 13 | (110 ILCS 12/15) | ||||||
| 14 | Sec. 15. Arrest reports. | ||||||
| 15 | (a) When an individual is arrested, the following | ||||||
| 16 | information must be made available to the news media for | ||||||
| 17 | inspection and copying: | ||||||
| 18 | (1) Information that identifies the individual, | ||||||
| 19 | including the name, age, address, and photograph, when and | ||||||
| 20 | if available. | ||||||
| 21 | (2) Information detailing any charges relating to the | ||||||
| |||||||
| |||||||
| 1 | arrest. | ||||||
| 2 | (3) The time and location of the arrest. | ||||||
| 3 | (4) The name of the investigating or arresting law | ||||||
| 4 | enforcement agency. | ||||||
| 5 | (5) (Blank). | ||||||
| 6 | (5.1) If the individual is incarcerated, the amount of | ||||||
| 7 | 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 | ||||||
| |||||||
| |||||||
| 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. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 16 | Section 175. The Illinois Insurance Code is amended by | ||||||
| 17 | changing Sections 143.19, 143.19.1, and 205 as follows: | ||||||
| 18 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19) | ||||||
| 19 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
| 20 | grounds. After a policy of automobile insurance as defined in | ||||||
| 21 | Section 143.13(a) has been effective for 60 days, or if such | ||||||
| 22 | policy is a renewal policy, the insurer shall not exercise its | ||||||
| 23 | option to cancel such policy except for one or more of the | ||||||
| 24 | following reasons: | ||||||
| |||||||
| |||||||
| 1 | a. Nonpayment of premium; | ||||||
| 2 | b. The policy was obtained through a material | ||||||
| 3 | misrepresentation; | ||||||
| 4 | c. Any insured violated any of the terms and | ||||||
| 5 | conditions of the policy; | ||||||
| 6 | d. The named insured failed to disclose fully his | ||||||
| 7 | motor vehicle crashes and moving traffic violations for | ||||||
| 8 | the preceding 36 months if called for in the application; | ||||||
| 9 | e. Any insured made a false or fraudulent claim or | ||||||
| 10 | knowingly aided or abetted another in the presentation of | ||||||
| 11 | such a claim; | ||||||
| 12 | f. The named insured or any other operator who either | ||||||
| 13 | resides in the same household or customarily operates an | ||||||
| 14 | automobile insured under such policy: | ||||||
| 15 | 1. has, within the 12 months prior to the notice of | ||||||
| 16 | cancellation, had his driver's license under | ||||||
| 17 | suspension or revocation; | ||||||
| 18 | 2. is or becomes subject to epilepsy or heart | ||||||
| 19 | attacks, and such individual does not produce a | ||||||
| 20 | certificate from a physician testifying to his | ||||||
| 21 | unqualified ability to operate a motor vehicle safely; | ||||||
| 22 | 3. has a crash record, conviction record (criminal | ||||||
| 23 | or traffic), physical, or mental condition which is | ||||||
| 24 | such that his operation of an automobile might | ||||||
| 25 | endanger the public safety; | ||||||
| 26 | 4. has, within the 36 months prior to the notice of | ||||||
| |||||||
| |||||||
| 1 | cancellation, been addicted to the use of narcotics or | ||||||
| 2 | other drugs; or | ||||||
| 3 | 5. has been convicted, or forfeited bail had | ||||||
| 4 | pretrial release revoked, during the 36 months | ||||||
| 5 | immediately preceding the notice of cancellation, for | ||||||
| 6 | any felony, criminal negligence resulting in death, | ||||||
| 7 | homicide or assault arising out of the operation of a | ||||||
| 8 | motor vehicle, operating a motor vehicle while in an | ||||||
| 9 | intoxicated condition or while under the influence of | ||||||
| 10 | drugs, being intoxicated while in, or about, an | ||||||
| 11 | automobile or while having custody of an automobile, | ||||||
| 12 | leaving the scene of a crash without stopping to | ||||||
| 13 | report, theft or unlawful taking of a motor vehicle, | ||||||
| 14 | making false statements in an application for an | ||||||
| 15 | operator's or chauffeur's license or has been | ||||||
| 16 | convicted or bail pretrial release has been revoked | ||||||
| 17 | for 3 or more violations within the 12 months | ||||||
| 18 | immediately preceding the notice of cancellation, of | ||||||
| 19 | any law, ordinance, or regulation limiting the speed | ||||||
| 20 | of motor vehicles or any of the provisions of the motor | ||||||
| 21 | vehicle laws of any state, violation of which | ||||||
| 22 | constitutes a misdemeanor, whether or not the | ||||||
| 23 | violations were repetitions of the same offense or | ||||||
| 24 | different offenses; | ||||||
| 25 | g. The insured automobile is: | ||||||
| 26 | 1. so mechanically defective that its operation | ||||||
| |||||||
| |||||||
| 1 | might endanger public safety; | ||||||
| 2 | 2. used in carrying passengers for hire or | ||||||
| 3 | compensation (the use of an automobile for a car pool | ||||||
| 4 | shall not be considered use of an automobile for hire | ||||||
| 5 | or compensation); | ||||||
| 6 | 3. used in the business of transportation of | ||||||
| 7 | flammables or explosives; | ||||||
| 8 | 4. an authorized emergency vehicle; | ||||||
| 9 | 5. changed in shape or condition during the policy | ||||||
| 10 | period so as to increase the risk substantially; or | ||||||
| 11 | 6. subject to an inspection law and has not been | ||||||
| 12 | inspected or, if inspected, has failed to qualify. | ||||||
| 13 | Nothing in this Section shall apply to nonrenewal. | ||||||
| 14 | (Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23; | ||||||
| 15 | 102-1104, eff. 1-1-23.) | ||||||
| 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 | ||||||
| 24 | conditions of the policy; or | ||||||
| 25 | c. The named insured failed to disclose fully his | ||||||
| |||||||
| |||||||
| 1 | motor vehicle crashes and moving traffic violations for | ||||||
| 2 | the preceding 36 months, if such information is called for | ||||||
| 3 | in the application; or | ||||||
| 4 | d. Any insured made a false or fraudulent claim or | ||||||
| 5 | knowingly aided or abetted another in the presentation of | ||||||
| 6 | such a claim; or | ||||||
| 7 | e. The named insured or any other operator who either | ||||||
| 8 | resides in the same household or customarily operates an | ||||||
| 9 | automobile insured under such a policy: | ||||||
| 10 | 1. Has, within the 12 months prior to the notice of | ||||||
| 11 | non-renewal had his driver's drivers license under | ||||||
| 12 | suspension or revocation; or | ||||||
| 13 | 2. Is or becomes subject to epilepsy or heart | ||||||
| 14 | attacks, and such individual does not produce a | ||||||
| 15 | certificate from a physician testifying to his | ||||||
| 16 | unqualified ability to operate a motor vehicle safely; | ||||||
| 17 | or | ||||||
| 18 | 3. Has a crash record, conviction record (criminal | ||||||
| 19 | or traffic), or a physical or mental condition which | ||||||
| 20 | is such that his operation of an automobile might | ||||||
| 21 | endanger the public safety; or | ||||||
| 22 | 4. Has, within the 36 months prior to the notice of | ||||||
| 23 | non-renewal, been addicted to the use of narcotics or | ||||||
| 24 | other drugs; or | ||||||
| 25 | 5. Has been convicted or forfeited bail pretrial | ||||||
| 26 | release has been revoked, during the 36 months | ||||||
| |||||||
| |||||||
| 1 | immediately preceding the notice of non-renewal, for | ||||||
| 2 | any felony, criminal negligence resulting in death, | ||||||
| 3 | homicide or assault arising out of the operation of a | ||||||
| 4 | motor vehicle, operating a motor vehicle while in an | ||||||
| 5 | intoxicated condition or while under the influence of | ||||||
| 6 | drugs, being intoxicated while in or about an | ||||||
| 7 | automobile or while having custody of an automobile, | ||||||
| 8 | leaving the scene of a crash without stopping to | ||||||
| 9 | report, theft or unlawful taking of a motor vehicle, | ||||||
| 10 | making false statements in an application for an | ||||||
| 11 | operators or chauffeurs license, or has been convicted | ||||||
| 12 | or forfeited bail pretrial release has been revoked | ||||||
| 13 | for 3 or more violations within the 12 months | ||||||
| 14 | immediately preceding the notice of non-renewal, of | ||||||
| 15 | any law, ordinance or regulation limiting the speed of | ||||||
| 16 | motor vehicles or any of the provisions of the motor | ||||||
| 17 | vehicle laws of any state, violation of which | ||||||
| 18 | constitutes a misdemeanor, whether or not the | ||||||
| 19 | violations were repetitions of the same offense or | ||||||
| 20 | different offenses; or | ||||||
| 21 | f. The insured automobile is: | ||||||
| 22 | 1. So mechanically defective that its operation | ||||||
| 23 | might endanger public safety; or | ||||||
| 24 | 2. Used in carrying passengers for hire or | ||||||
| 25 | compensation (the use of an automobile for a car pool | ||||||
| 26 | shall not be considered use of an automobile for hire | ||||||
| |||||||
| |||||||
| 1 | or compensation); or | ||||||
| 2 | 3. Used in the business of transportation of | ||||||
| 3 | flammables or explosives; or | ||||||
| 4 | 4. An authorized emergency vehicle; or | ||||||
| 5 | 5. Changed in shape or condition during the policy | ||||||
| 6 | period so as to increase the risk substantially; or | ||||||
| 7 | 6. Subject to an inspection law and it has not been | ||||||
| 8 | inspected or, if inspected, has failed to qualify; or | ||||||
| 9 | g. The notice of the intention not to renew is mailed | ||||||
| 10 | to the insured at least 60 days before the date of | ||||||
| 11 | nonrenewal as provided in Section 143.17. | ||||||
| 12 | (Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.) | ||||||
| 13 | (215 ILCS 5/205) (from Ch. 73, par. 817) | ||||||
| 14 | Sec. 205. Priority of distribution of general assets. | ||||||
| 15 | (1) The priorities of distribution of general assets from | ||||||
| 16 | the company's estate is to be as follows: | ||||||
| 17 | (a) The costs and expenses of administration, | ||||||
| 18 | including, but not limited to, the following: | ||||||
| 19 | (i) The reasonable expenses of the Illinois | ||||||
| 20 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
| 21 | Insurance Guaranty Association, and the Illinois | ||||||
| 22 | Health Maintenance Organization Guaranty Association | ||||||
| 23 | and of any similar organization in any other state, | ||||||
| 24 | including overhead, salaries, and other general | ||||||
| 25 | administrative expenses allocable to the receivership | ||||||
| |||||||
| |||||||
| 1 | (administrative and claims handling expenses and | ||||||
| 2 | expenses in connection with arrangements for ongoing | ||||||
| 3 | coverage), but excluding expenses incurred in the | ||||||
| 4 | performance of duties under Section 547 or similar | ||||||
| 5 | duties under the statute governing a similar | ||||||
| 6 | organization in another state. For property and | ||||||
| 7 | casualty insurance guaranty associations that guaranty | ||||||
| 8 | certain obligations of any member company as defined | ||||||
| 9 | by Section 534.5, expenses shall include, but not be | ||||||
| 10 | limited to, loss adjustment expenses, which shall | ||||||
| 11 | include adjusting and other expenses and defense and | ||||||
| 12 | cost containment expenses. The expenses of such | ||||||
| 13 | property and casualty guaranty associations, including | ||||||
| 14 | the Illinois Insurance Guaranty Fund, shall be | ||||||
| 15 | reimbursed as prescribed by Section 545, but shall be | ||||||
| 16 | subordinate to all other costs and expenses of | ||||||
| 17 | administration, including the expenses reimbursed | ||||||
| 18 | pursuant to subparagraph (ii) of this paragraph (a). | ||||||
| 19 | (ii) The expenses expressly approved or ratified | ||||||
| 20 | by the Director as liquidator or rehabilitator, | ||||||
| 21 | including, but not limited to, the following: | ||||||
| 22 | (1) the actual and necessary costs of | ||||||
| 23 | preserving or recovering the property of the | ||||||
| 24 | insurer; | ||||||
| 25 | (2) reasonable compensation for all services | ||||||
| 26 | rendered on behalf of the administrative | ||||||
| |||||||
| |||||||
| 1 | supervisor or receiver; | ||||||
| 2 | (3) any necessary filing fees; | ||||||
| 3 | (4) the fees and mileage payable to witnesses; | ||||||
| 4 | (5) unsecured loans obtained by the receiver; | ||||||
| 5 | and | ||||||
| 6 | (6) expenses approved by the conservator or | ||||||
| 7 | rehabilitator of the insurer, if any, incurred in the | ||||||
| 8 | course of the conservation or rehabilitation that are | ||||||
| 9 | unpaid at the time of the entry of the order of | ||||||
| 10 | liquidation. | ||||||
| 11 | Any unsecured loan falling under item (5) of | ||||||
| 12 | subparagraph (ii) of this paragraph (a) shall have | ||||||
| 13 | priority over all other costs and expenses of | ||||||
| 14 | administration, unless the lender agrees otherwise. Absent | ||||||
| 15 | agreement to the contrary, all other costs and expenses of | ||||||
| 16 | administration shall be shared on a pro-rata basis, except | ||||||
| 17 | for the expenses of property and casualty guaranty | ||||||
| 18 | associations, which shall have a lower priority pursuant | ||||||
| 19 | to subparagraph (i) of this paragraph (a). | ||||||
| 20 | (b) Secured claims, including claims for taxes and | ||||||
| 21 | debts due the federal or any state or local government, | ||||||
| 22 | that are secured by liens perfected prior to the filing of | ||||||
| 23 | the complaint. | ||||||
| 24 | (c) Claims for wages actually owing to employees for | ||||||
| 25 | services rendered within 3 months prior to the date of the | ||||||
| 26 | filing of the complaint, not exceeding $1,000 to each | ||||||
| |||||||
| |||||||
| 1 | employee unless there are claims due the federal | ||||||
| 2 | government under paragraph (f), then the claims for wages | ||||||
| 3 | shall have a priority of distribution immediately | ||||||
| 4 | following that of federal claims under paragraph (f) and | ||||||
| 5 | immediately preceding claims of general creditors under | ||||||
| 6 | paragraph (g). | ||||||
| 7 | (d) Claims by policyholders, beneficiaries, and | ||||||
| 8 | insureds, under insurance policies, annuity contracts, and | ||||||
| 9 | funding agreements, liability claims against insureds | ||||||
| 10 | covered under insurance policies and insurance contracts | ||||||
| 11 | issued by the company, claims of obligees (and, subject to | ||||||
| 12 | the discretion of the receiver, completion contractors) | ||||||
| 13 | under surety bonds and surety undertakings (not to include | ||||||
| 14 | bail bonds, mortgage or financial guaranty, or other forms | ||||||
| 15 | of insurance offering protection against investment risk), | ||||||
| 16 | claims by principals under surety bonds and surety | ||||||
| 17 | undertakings for wrongful dissipation of collateral by the | ||||||
| 18 | insurer or its agents, and claims incurred during any | ||||||
| 19 | extension of coverage provided under subsection (5) of | ||||||
| 20 | Section 193, and claims of the Illinois Insurance Guaranty | ||||||
| 21 | Fund, the Illinois Life and Health Insurance Guaranty | ||||||
| 22 | Association, the Illinois Health Maintenance Organization | ||||||
| 23 | Guaranty Association, and any similar organization in | ||||||
| 24 | another state as prescribed in Section 545. For purposes | ||||||
| 25 | of this Section, "funding agreement" means an agreement | ||||||
| 26 | whereby an insurer authorized to write business under | ||||||
| |||||||
| |||||||
| 1 | Class 1 of Section 4 of this Code may accept and accumulate | ||||||
| 2 | funds and make one or more payments at future dates in | ||||||
| 3 | amounts that are not based upon mortality or morbidity | ||||||
| 4 | contingencies. | ||||||
| 5 | (e) Claims by policyholders, beneficiaries, and | ||||||
| 6 | insureds, the allowed values of which were determined by | ||||||
| 7 | estimation under paragraph (b) of subsection (4) of | ||||||
| 8 | Section 209. | ||||||
| 9 | (f) Any other claims due the federal government. | ||||||
| 10 | (g) All other claims of general creditors not falling | ||||||
| 11 | within any other priority under this Section including | ||||||
| 12 | claims for taxes and debts due any state or local | ||||||
| 13 | government which are not secured claims and claims for | ||||||
| 14 | attorneys' fees incurred by the company in contesting its | ||||||
| 15 | conservation, rehabilitation, or liquidation. | ||||||
| 16 | (h) Claims of guaranty fund certificate holders, | ||||||
| 17 | guaranty capital shareholders, capital note holders, and | ||||||
| 18 | surplus note holders. | ||||||
| 19 | (i) Proprietary claims of shareholders, members, or | ||||||
| 20 | other owners. | ||||||
| 21 | Every claim under a written agreement, statute, or rule | ||||||
| 22 | providing that the assets in a separate account are not | ||||||
| 23 | chargeable with the liabilities arising out of any other | ||||||
| 24 | business of the insurer shall be satisfied out of the funded | ||||||
| 25 | assets in the separate account equal to, but not to exceed, the | ||||||
| 26 | reserves maintained in the separate account under the separate | ||||||
| |||||||
| |||||||
| 1 | account agreement, and to the extent, if any, the claim is not | ||||||
| 2 | fully discharged thereby, the remainder of the claim shall be | ||||||
| 3 | treated as a priority level (d) claim under paragraph (d) of | ||||||
| 4 | this subsection to the extent that reserves have been | ||||||
| 5 | established in the insurer's general account pursuant to | ||||||
| 6 | statute, rule, or the separate account agreement. | ||||||
| 7 | For purposes of this provision, "separate account | ||||||
| 8 | policies, contracts, or agreements" means any policies, | ||||||
| 9 | contracts, or agreements that provide for separate accounts as | ||||||
| 10 | contemplated by Section 245.21. | ||||||
| 11 | To the extent that any assets of an insurer, other than | ||||||
| 12 | those assets properly allocated to and maintained in a | ||||||
| 13 | separate account, have been used to fund or pay any expenses, | ||||||
| 14 | taxes, or policyholder benefits that are attributable to a | ||||||
| 15 | separate account policy, contract, or agreement that should | ||||||
| 16 | have been paid by a separate account prior to the commencement | ||||||
| 17 | of receivership proceedings, then upon the commencement of | ||||||
| 18 | receivership proceedings, the separate accounts that benefited | ||||||
| 19 | from this payment or funding shall first be used to repay or | ||||||
| 20 | reimburse the company's general assets or account for any | ||||||
| 21 | unreimbursed net sums due at the commencement of receivership | ||||||
| 22 | proceedings prior to the application of the separate account | ||||||
| 23 | assets to the satisfaction of liabilities or the corresponding | ||||||
| 24 | separate account policies, contracts, and agreements. | ||||||
| 25 | To the extent, if any, reserves or assets maintained in | ||||||
| 26 | the separate account are in excess of the amounts needed to | ||||||
| |||||||
| |||||||
| 1 | satisfy claims under the separate account contracts, the | ||||||
| 2 | excess shall be treated as part of the general assets of the | ||||||
| 3 | insurer's estate. | ||||||
| 4 | (2) Within 120 days after the issuance of an Order of | ||||||
| 5 | Liquidation with a finding of insolvency against a domestic | ||||||
| 6 | company, the Director shall make application to the court | ||||||
| 7 | requesting authority to disburse funds to the Illinois | ||||||
| 8 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
| 9 | Insurance Guaranty Association, the Illinois Health | ||||||
| 10 | Maintenance Organization Guaranty Association, and similar | ||||||
| 11 | organizations in other states from time to time out of the | ||||||
| 12 | company's marshaled assets as funds become available in | ||||||
| 13 | amounts equal to disbursements made by the Illinois Insurance | ||||||
| 14 | Guaranty Fund, the Illinois Life and Health Insurance Guaranty | ||||||
| 15 | Association, the Illinois Health Maintenance Organization | ||||||
| 16 | Guaranty Association, and similar organizations in other | ||||||
| 17 | states for covered claims obligations on the presentation of | ||||||
| 18 | evidence that such disbursements have been made by the | ||||||
| 19 | Illinois Insurance Guaranty Fund, the Illinois Life and Health | ||||||
| 20 | Insurance Guaranty Association, the Illinois Health | ||||||
| 21 | Maintenance Organization Guaranty Association, and similar | ||||||
| 22 | organizations in other states. | ||||||
| 23 | The Director shall establish procedures for the ratable | ||||||
| 24 | allocation and distribution of disbursements to the Illinois | ||||||
| 25 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
| 26 | Insurance Guaranty Association, the Illinois Health | ||||||
| |||||||
| |||||||
| 1 | Maintenance Organization Guaranty Association, and similar | ||||||
| 2 | organizations in other states. In determining the amounts | ||||||
| 3 | available for disbursement, the Director shall reserve | ||||||
| 4 | sufficient assets for the payment of the expenses of | ||||||
| 5 | administration described in paragraph (1)(a) of this Section. | ||||||
| 6 | All funds available for disbursement after the establishment | ||||||
| 7 | of the prescribed reserve shall be promptly distributed. As a | ||||||
| 8 | condition to receipt of funds in reimbursement of covered | ||||||
| 9 | claims obligations, the Director shall secure from the | ||||||
| 10 | Illinois Insurance Guaranty Fund, the Illinois Life and Health | ||||||
| 11 | Insurance Guaranty Association, the Illinois Health | ||||||
| 12 | Maintenance Organization Guaranty Association, and each | ||||||
| 13 | similar organization in other states, an agreement to return | ||||||
| 14 | to the Director on demand funds previously received as may be | ||||||
| 15 | required to pay claims of secured creditors and claims falling | ||||||
| 16 | within the priorities established in paragraphs (a), (b), (c), | ||||||
| 17 | and (d) of subsection (1) of this Section in accordance with | ||||||
| 18 | such priorities. | ||||||
| 19 | (3) The changes made in this Section by this amendatory | ||||||
| 20 | Act of the 100th General Assembly apply to all liquidation, | ||||||
| 21 | rehabilitation, or conservation proceedings that are pending | ||||||
| 22 | on the effective date of this amendatory Act of the 100th | ||||||
| 23 | General Assembly and to all future liquidation, | ||||||
| 24 | rehabilitation, or conservation proceedings. | ||||||
| 25 | (4) The provisions of this Section are severable under | ||||||
| 26 | Section 1.31 of the Statute on Statutes. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 100-410, eff. 8-25-17; 101-652, eff. 1-1-23.) | ||||||
| 2 | Section 180. The Illinois Gambling Act is amended by | ||||||
| 3 | changing Section 5.1 as follows: | ||||||
| 4 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1) | ||||||
| 5 | Sec. 5.1. Disclosure of records. | ||||||
| 6 | (a) Notwithstanding any applicable statutory provision to | ||||||
| 7 | the contrary, the Board shall, on written request from any | ||||||
| 8 | person, provide information furnished by an applicant or | ||||||
| 9 | licensee concerning the applicant or licensee, his products, | ||||||
| 10 | services or gambling enterprises and his business holdings, as | ||||||
| 11 | follows: | ||||||
| 12 | (1) The name, business address and business telephone | ||||||
| 13 | number of any applicant or licensee. | ||||||
| 14 | (2) An identification of any applicant or licensee | ||||||
| 15 | including, if an applicant or licensee is not an | ||||||
| 16 | individual, the names and addresses of all stockholders | ||||||
| 17 | and directors, if the entity is a corporation; the names | ||||||
| 18 | and addresses of all members, if the entity is a limited | ||||||
| 19 | liability company; the names and addresses of all | ||||||
| 20 | partners, both general and limited, if the entity is a | ||||||
| 21 | partnership; and the names and addresses of all | ||||||
| 22 | beneficiaries, if the entity is a trust. If an applicant | ||||||
| 23 | or licensee has a pending registration statement filed | ||||||
| 24 | with the Securities and Exchange Commission, only the | ||||||
| |||||||
| |||||||
| 1 | names of those persons or entities holding interest of 5% | ||||||
| 2 | or more must be provided. | ||||||
| 3 | (3) An identification of any business, including, if | ||||||
| 4 | applicable, the state of incorporation or registration, in | ||||||
| 5 | which an applicant or licensee or an applicant's or | ||||||
| 6 | licensee's spouse or children has an equity interest of | ||||||
| 7 | more than 1%. If an applicant or licensee is a | ||||||
| 8 | corporation, partnership or other business entity, the | ||||||
| 9 | applicant or licensee shall identify any other | ||||||
| 10 | corporation, partnership or business entity in which it | ||||||
| 11 | has an equity interest of 1% or more, including, if | ||||||
| 12 | applicable, the state of incorporation or registration. | ||||||
| 13 | This information need not be provided by a corporation, | ||||||
| 14 | partnership or other business entity that has a pending | ||||||
| 15 | registration statement filed with the Securities and | ||||||
| 16 | Exchange Commission. | ||||||
| 17 | (4) Whether an applicant or licensee has been | ||||||
| 18 | indicted, convicted, pleaded guilty or nolo contendere, or | ||||||
| 19 | forfeited bail pretrial release has been revoked | ||||||
| 20 | concerning any criminal offense under the laws of any | ||||||
| 21 | jurisdiction, either felony or misdemeanor (except for | ||||||
| 22 | traffic violations), including the date, the name and | ||||||
| 23 | location of the court, arresting agency and prosecuting | ||||||
| 24 | agency, the case number, the offense, the disposition and | ||||||
| 25 | the location and length of incarceration. | ||||||
| 26 | (5) Whether an applicant or licensee has had any | ||||||
| |||||||
| |||||||
| 1 | license or certificate issued by a licensing authority in | ||||||
| 2 | Illinois or any other jurisdiction denied, restricted, | ||||||
| 3 | suspended, revoked or not renewed and a statement | ||||||
| 4 | describing the facts and circumstances concerning the | ||||||
| 5 | denial, restriction, suspension, revocation or | ||||||
| 6 | non-renewal, including the licensing authority, the date | ||||||
| 7 | each such action was taken, and the reason for each such | ||||||
| 8 | action. | ||||||
| 9 | (6) Whether an applicant or licensee has ever filed or | ||||||
| 10 | had filed against it a proceeding in bankruptcy or has | ||||||
| 11 | ever been involved in any formal process to adjust, defer, | ||||||
| 12 | suspend or otherwise work out the payment of any debt | ||||||
| 13 | including the date of filing, the name and location of the | ||||||
| 14 | court, the case and number of the disposition. | ||||||
| 15 | (7) Whether an applicant or licensee has filed, or | ||||||
| 16 | been served with a complaint or other notice filed with | ||||||
| 17 | any public body, regarding the delinquency in the payment | ||||||
| 18 | of, or a dispute over the filings concerning the payment | ||||||
| 19 | of, any tax required under federal, State or local law, | ||||||
| 20 | including the amount, type of tax, the taxing agency and | ||||||
| 21 | time periods involved. | ||||||
| 22 | (8) A statement listing the names and titles of all | ||||||
| 23 | public officials or officers of any unit of government, | ||||||
| 24 | and relatives of said public officials or officers who, | ||||||
| 25 | directly or indirectly, own any financial interest in, | ||||||
| 26 | have any beneficial interest in, are the creditors of or | ||||||
| |||||||
| |||||||
| 1 | hold any debt instrument issued by, or hold or have any | ||||||
| 2 | interest in any contractual or service relationship with, | ||||||
| 3 | an applicant or licensee. | ||||||
| 4 | (9) Whether an applicant or licensee has made, | ||||||
| 5 | directly or indirectly, any political contribution, or any | ||||||
| 6 | loans, donations or other payments, to any candidate or | ||||||
| 7 | office holder, within 5 years from the date of filing the | ||||||
| 8 | application, including the amount and the method of | ||||||
| 9 | payment. | ||||||
| 10 | (10) The name and business telephone number of the | ||||||
| 11 | counsel representing an applicant or licensee in matters | ||||||
| 12 | before the Board. | ||||||
| 13 | (11) A description of any proposed or approved | ||||||
| 14 | gambling operation, including the type of boat, home dock, | ||||||
| 15 | or casino or gaming location, expected economic benefit to | ||||||
| 16 | the community, anticipated or actual number of employees, | ||||||
| 17 | any statement from an applicant or licensee regarding | ||||||
| 18 | compliance with federal and State affirmative action | ||||||
| 19 | guidelines, projected or actual admissions and projected | ||||||
| 20 | or actual adjusted gross gaming receipts. | ||||||
| 21 | (12) A description of the product or service to be | ||||||
| 22 | supplied by an applicant for a supplier's license. | ||||||
| 23 | (b) Notwithstanding any applicable statutory provision to | ||||||
| 24 | the contrary, the Board shall, on written request from any | ||||||
| 25 | person, also provide the following information: | ||||||
| 26 | (1) The amount of the wagering tax and admission tax | ||||||
| |||||||
| |||||||
| 1 | paid daily to the State of Illinois by the holder of an | ||||||
| 2 | owner's license. | ||||||
| 3 | (2) Whenever the Board finds an applicant for an | ||||||
| 4 | owner's license unsuitable for licensing, a copy of the | ||||||
| 5 | written letter outlining the reasons for the denial. | ||||||
| 6 | (3) Whenever the Board has refused to grant leave for | ||||||
| 7 | an applicant to withdraw his application, a copy of the | ||||||
| 8 | letter outlining the reasons for the refusal. | ||||||
| 9 | (c) Subject to the above provisions, the Board shall not | ||||||
| 10 | disclose any information which would be barred by: | ||||||
| 11 | (1) Section 7 of the Freedom of Information Act; or | ||||||
| 12 | (2) The statutes, rules, regulations or | ||||||
| 13 | intergovernmental agreements of any jurisdiction. | ||||||
| 14 | (d) The Board may assess fees for the copying of | ||||||
| 15 | information in accordance with Section 6 of the Freedom of | ||||||
| 16 | Information Act. | ||||||
| 17 | (Source: P.A. 101-31, eff. 6-28-19; 101-652, eff. 1-1-23.) | ||||||
| 18 | Section 185. The Sexual Assault Survivors Emergency | ||||||
| 19 | Treatment Act is amended by changing Section 7.5 as follows: | ||||||
| 20 | (410 ILCS 70/7.5) | ||||||
| 21 | (Text of Section before amendment by P.A. 104-386) | ||||||
| 22 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
| 23 | directly for certain services; written notice; billing | ||||||
| 24 | protocols. | ||||||
| |||||||
| |||||||
| 1 | (a) A hospital, approved pediatric health care facility, | ||||||
| 2 | health care professional, ambulance provider, laboratory, or | ||||||
| 3 | pharmacy furnishing medical forensic services, transportation, | ||||||
| 4 | follow-up healthcare, or medication to a sexual assault | ||||||
| 5 | survivor shall not: | ||||||
| 6 | (1) charge or submit a bill for any portion of the | ||||||
| 7 | costs of the services, transportation, or medications to | ||||||
| 8 | the sexual assault survivor, including any insurance | ||||||
| 9 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
| 10 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
| 11 | (2) communicate with, harass, or intimidate the sexual | ||||||
| 12 | assault survivor for payment of services, including, but | ||||||
| 13 | not limited to, repeatedly calling or writing to the | ||||||
| 14 | sexual assault survivor and threatening to refer the | ||||||
| 15 | matter to a debt collection agency or to an attorney for | ||||||
| 16 | collection, enforcement, or filing of other process; | ||||||
| 17 | (3) refer a bill to a collection agency or attorney | ||||||
| 18 | for collection action against the sexual assault survivor; | ||||||
| 19 | (4) contact or distribute information to affect the | ||||||
| 20 | sexual assault survivor's credit rating; or | ||||||
| 21 | (5) take any other action adverse to the sexual | ||||||
| 22 | assault survivor or his or her family on account of | ||||||
| 23 | providing services to the sexual assault survivor. | ||||||
| 24 | (a-5) Notwithstanding any other provision of law, | ||||||
| 25 | including, but not limited to, subsection (a), a sexual | ||||||
| 26 | assault survivor who is not the subscriber or primary | ||||||
| |||||||
| |||||||
| 1 | policyholder of the sexual assault survivor's insurance policy | ||||||
| 2 | may opt out of billing the sexual assault survivor's private | ||||||
| 3 | insurance provider. If the sexual assault survivor opts out of | ||||||
| 4 | billing the sexual assault survivor's private insurance | ||||||
| 5 | provider, then the bill for medical forensic services shall be | ||||||
| 6 | sent to the Department of Healthcare and Family Services' | ||||||
| 7 | Sexual Assault Emergency Treatment Program for reimbursement | ||||||
| 8 | for the services provided to the sexual assault survivor. | ||||||
| 9 | (b) Nothing in this Section precludes a hospital, health | ||||||
| 10 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
| 11 | from billing the sexual assault survivor or any applicable | ||||||
| 12 | health insurance or coverage for inpatient services. | ||||||
| 13 | (c) Every hospital and approved pediatric health care | ||||||
| 14 | facility providing treatment services to sexual assault | ||||||
| 15 | survivors in accordance with a plan approved under Section 2 | ||||||
| 16 | of this Act shall provide a written notice to a sexual assault | ||||||
| 17 | survivor. The written notice must include, but is not limited | ||||||
| 18 | to, the following: | ||||||
| 19 | (1) a statement that the sexual assault survivor | ||||||
| 20 | should not be directly billed by any ambulance provider | ||||||
| 21 | providing transportation services, or by any hospital, | ||||||
| 22 | approved pediatric health care facility, health care | ||||||
| 23 | professional, laboratory, or pharmacy for the services the | ||||||
| 24 | sexual assault survivor received as an outpatient at the | ||||||
| 25 | hospital or approved pediatric health care facility; | ||||||
| 26 | (2) a statement that a sexual assault survivor who is | ||||||
| |||||||
| |||||||
| 1 | admitted to a hospital may be billed for inpatient | ||||||
| 2 | services provided by a hospital, health care professional, | ||||||
| 3 | laboratory, or pharmacy; | ||||||
| 4 | (3) a statement that prior to leaving the hospital or | ||||||
| 5 | approved pediatric health care facility, the hospital or | ||||||
| 6 | approved pediatric health care facility will give the | ||||||
| 7 | sexual assault survivor a sexual assault services voucher | ||||||
| 8 | for follow-up healthcare if the sexual assault survivor is | ||||||
| 9 | eligible to receive a sexual assault services voucher; | ||||||
| 10 | (4) the definition of "follow-up healthcare" as set | ||||||
| 11 | forth in Section 1a of this Act; | ||||||
| 12 | (5) a phone number the sexual assault survivor may | ||||||
| 13 | call should the sexual assault survivor receive a bill | ||||||
| 14 | from the hospital or approved pediatric health care | ||||||
| 15 | facility for medical forensic services; | ||||||
| 16 | (6) the toll-free phone number of the Office of the | ||||||
| 17 | Illinois Attorney General's Crime Victim Services Division | ||||||
| 18 | General, which the sexual assault survivor may call should | ||||||
| 19 | the sexual assault survivor receive a bill from an | ||||||
| 20 | ambulance provider, approved pediatric health care | ||||||
| 21 | facility, a health care professional, a laboratory, or a | ||||||
| 22 | pharmacy. | ||||||
| 23 | This subsection (c) shall not apply to hospitals that | ||||||
| 24 | provide transfer services as defined under Section 1a of this | ||||||
| 25 | Act. | ||||||
| 26 | (d) Within 60 days after the effective date of this | ||||||
| |||||||
| |||||||
| 1 | amendatory Act of the 99th General Assembly, every health care | ||||||
| 2 | professional, except for those employed by a hospital or | ||||||
| 3 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
| 4 | or those employed by a hospital operated under the University | ||||||
| 5 | of Illinois Hospital Act, who bills separately for medical or | ||||||
| 6 | forensic services must develop a billing protocol that ensures | ||||||
| 7 | that no survivor of sexual assault will be sent a bill for any | ||||||
| 8 | medical forensic services and submit the billing protocol to | ||||||
| 9 | the Office of the Attorney General for approval. Within 60 | ||||||
| 10 | days after the commencement of the provision of medical | ||||||
| 11 | forensic services, every health care professional, except for | ||||||
| 12 | those employed by a hospital or hospital affiliate, as defined | ||||||
| 13 | in the Hospital Licensing Act, or those employed by a hospital | ||||||
| 14 | operated under the University of Illinois Hospital Act, who | ||||||
| 15 | bills separately for medical or forensic services must develop | ||||||
| 16 | a billing protocol that ensures that no survivor of sexual | ||||||
| 17 | assault is sent a bill for any medical forensic services and | ||||||
| 18 | submit the billing protocol to the Crime Victim Services | ||||||
| 19 | Division of the Office of the Attorney General for approval. | ||||||
| 20 | Health care professionals who bill as a legal entity may | ||||||
| 21 | submit a single billing protocol for the billing entity. | ||||||
| 22 | Within 60 days after the Department's approval of a | ||||||
| 23 | treatment plan, an approved pediatric health care facility and | ||||||
| 24 | any health care professional employed by an approved pediatric | ||||||
| 25 | health care facility must develop a billing protocol that | ||||||
| 26 | ensures that no survivor of sexual assault is sent a bill for | ||||||
| |||||||
| |||||||
| 1 | any medical forensic services and submit the billing protocol | ||||||
| 2 | to the Crime Victim Services Division of the Office of the | ||||||
| 3 | Attorney General for approval. | ||||||
| 4 | The billing protocol must include at a minimum: | ||||||
| 5 | (1) a description of training for persons who prepare | ||||||
| 6 | bills for medical and forensic services; | ||||||
| 7 | (2) a written acknowledgement signed by a person who | ||||||
| 8 | has completed the training that the person will not bill | ||||||
| 9 | survivors of sexual assault; | ||||||
| 10 | (3) prohibitions on submitting any bill for any | ||||||
| 11 | portion of medical forensic services provided to a | ||||||
| 12 | survivor of sexual assault to a collection agency; | ||||||
| 13 | (4) prohibitions on taking any action that would | ||||||
| 14 | adversely affect the credit of the survivor of sexual | ||||||
| 15 | assault; | ||||||
| 16 | (5) the termination of all collection activities if | ||||||
| 17 | the protocol is violated; and | ||||||
| 18 | (6) the actions to be taken if a bill is sent to a | ||||||
| 19 | collection agency or the failure to pay is reported to any | ||||||
| 20 | credit reporting agency. | ||||||
| 21 | The Office of the Attorney General may provide a sample | ||||||
| 22 | acceptable billing protocol upon request. | ||||||
| 23 | The Office of the Attorney General shall approve a | ||||||
| 24 | proposed protocol if it finds that the implementation of the | ||||||
| 25 | protocol would result in no survivor of sexual assault being | ||||||
| 26 | billed or sent a bill for medical forensic services. | ||||||
| |||||||
| |||||||
| 1 | If the Office of the Attorney General determines that | ||||||
| 2 | implementation of the protocol could result in the billing of | ||||||
| 3 | a survivor of sexual assault for medical forensic services, | ||||||
| 4 | the Office of the Attorney General shall provide the health | ||||||
| 5 | care professional or approved pediatric health care facility | ||||||
| 6 | with a written statement of the deficiencies in the protocol. | ||||||
| 7 | The health care professional or approved pediatric health care | ||||||
| 8 | facility shall have 30 days to submit a revised billing | ||||||
| 9 | protocol addressing the deficiencies to the Office of the | ||||||
| 10 | Attorney General. The health care professional or approved | ||||||
| 11 | pediatric health care facility shall implement the protocol | ||||||
| 12 | upon approval by the Crime Victim Services Division of the | ||||||
| 13 | Office of the Attorney General. | ||||||
| 14 | The health care professional or approved pediatric health | ||||||
| 15 | care facility shall submit any proposed revision to or | ||||||
| 16 | modification of an approved billing protocol to the Office of | ||||||
| 17 | the Attorney General for approval. The health care | ||||||
| 18 | professional or approved pediatric health care facility shall | ||||||
| 19 | implement the revised or modified billing protocol upon | ||||||
| 20 | approval by the Crime Victim Services Division of the Office | ||||||
| 21 | of the Illinois Attorney General. | ||||||
| 22 | (e) This Section is effective on and after January 1, | ||||||
| 23 | 2024. | ||||||
| 24 | (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21; | ||||||
| 25 | 102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff. | ||||||
| 26 | 1-1-23.) | ||||||
| |||||||
| |||||||
| 1 | (Text of Section after amendment by P.A. 104-386) | ||||||
| 2 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
| 3 | directly for certain services; written notice; billing | ||||||
| 4 | protocols. | ||||||
| 5 | (a) A hospital, approved pediatric health care facility, | ||||||
| 6 | health care professional, ambulance provider, laboratory, or | ||||||
| 7 | pharmacy furnishing a medical forensic examination, medical | ||||||
| 8 | care and treatment as defined by 77 Ill. Adm. Code Part 545 | ||||||
| 9 | transportation, follow-up healthcare, or medication to a | ||||||
| 10 | sexual assault survivor shall not: | ||||||
| 11 | (1) charge or submit a bill for any portion of the | ||||||
| 12 | costs of the services, transportation, or medications to | ||||||
| 13 | the sexual assault survivor, including any insurance | ||||||
| 14 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
| 15 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
| 16 | (2) communicate with, harass, or intimidate the sexual | ||||||
| 17 | assault survivor for payment of services, including, but | ||||||
| 18 | not limited to, repeatedly calling or writing to the | ||||||
| 19 | sexual assault survivor and threatening to refer the | ||||||
| 20 | matter to a debt collection agency or to an attorney for | ||||||
| 21 | collection, enforcement, or filing of other process; | ||||||
| 22 | (3) refer a bill to a collection agency or attorney | ||||||
| 23 | for collection action against the sexual assault survivor; | ||||||
| 24 | (4) contact or distribute information to affect the | ||||||
| 25 | sexual assault survivor's credit rating; or | ||||||
| |||||||
| |||||||
| 1 | (5) take any other action adverse to the sexual | ||||||
| 2 | assault survivor or his or her family on account of | ||||||
| 3 | providing services to the sexual assault survivor. | ||||||
| 4 | (a-5) Notwithstanding any other provision of law, | ||||||
| 5 | including, but not limited to, subsection (a), a sexual | ||||||
| 6 | assault survivor who is not the subscriber or primary | ||||||
| 7 | policyholder of the sexual assault survivor's insurance policy | ||||||
| 8 | may opt out of billing the sexual assault survivor's private | ||||||
| 9 | insurance provider. If the sexual assault survivor opts out of | ||||||
| 10 | billing the sexual assault survivor's private insurance | ||||||
| 11 | provider, then the bill for the medical forensic examination | ||||||
| 12 | shall be sent to the Department of Healthcare and Family | ||||||
| 13 | Services' Sexual Assault Emergency Treatment Program for | ||||||
| 14 | reimbursement for the services provided to the sexual assault | ||||||
| 15 | survivor. | ||||||
| 16 | (b) Nothing in this Section precludes a hospital, health | ||||||
| 17 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
| 18 | from billing the sexual assault survivor or any applicable | ||||||
| 19 | health insurance or coverage for inpatient services. | ||||||
| 20 | (c) Every hospital and approved pediatric health care | ||||||
| 21 | facility with a sexual assault treatment plan or sexual | ||||||
| 22 | assault transfer plan providing treatment services to sexual | ||||||
| 23 | assault survivors in accordance with a plan approved by the | ||||||
| 24 | Department under Section 2 of this Act shall provide a written | ||||||
| 25 | notice to a sexual assault survivor. The written notice must | ||||||
| 26 | include, but is not limited to, the following: | ||||||
| |||||||
| |||||||
| 1 | (1) a statement that the sexual assault survivor | ||||||
| 2 | should not be directly billed by any ambulance provider | ||||||
| 3 | providing transportation services, or by any hospital, | ||||||
| 4 | approved pediatric health care facility, health care | ||||||
| 5 | professional, laboratory, or pharmacy for the services the | ||||||
| 6 | sexual assault survivor received as an outpatient at the | ||||||
| 7 | hospital or approved pediatric health care facility; | ||||||
| 8 | (2) a statement that a sexual assault survivor who is | ||||||
| 9 | admitted to a hospital may be billed for inpatient | ||||||
| 10 | services provided by a hospital, health care professional, | ||||||
| 11 | laboratory, or pharmacy; | ||||||
| 12 | (3) a statement that prior to leaving the hospital or | ||||||
| 13 | approved pediatric health care facility, the hospital or | ||||||
| 14 | approved pediatric health care facility will give the | ||||||
| 15 | sexual assault survivor a sexual assault services voucher | ||||||
| 16 | for follow-up healthcare if the sexual assault survivor is | ||||||
| 17 | eligible to receive a sexual assault services voucher; | ||||||
| 18 | (4) the definition of "follow-up healthcare" as set | ||||||
| 19 | forth in Section 1a of this Act; | ||||||
| 20 | (5) (blank); | ||||||
| 21 | (6) the toll-free phone number of the Office of the | ||||||
| 22 | Illinois Attorney General's Crime Victim Services | ||||||
| 23 | Division, Health Care Bureau, which the sexual assault | ||||||
| 24 | survivor may call should the sexual assault survivor | ||||||
| 25 | receive a bill from an ambulance provider, approved | ||||||
| 26 | pediatric health care facility, a health care | ||||||
| |||||||
| |||||||
| 1 | professional, a laboratory, or a pharmacy. | ||||||
| 2 | (d) Within 60 days after the Department's approval of a | ||||||
| 3 | treatment plan, a hospital or an approved pediatric health | ||||||
| 4 | care facility must develop a billing protocol that ensures | ||||||
| 5 | that no survivor of sexual assault is sent a bill for any | ||||||
| 6 | medical forensic examination. | ||||||
| 7 | The billing protocol must include at a minimum: | ||||||
| 8 | (1) (blank); | ||||||
| 9 | (2) (blank); | ||||||
| 10 | (3) prohibitions on submitting any bill for any | ||||||
| 11 | portion of the medical forensic examination provided to a | ||||||
| 12 | survivor of sexual assault to a collection agency; | ||||||
| 13 | (4) (blank); | ||||||
| 14 | (5) (blank); | ||||||
| 15 | (6) the actions to be taken if a bill is sent to a | ||||||
| 16 | collection agency or the failure to pay is reported to any | ||||||
| 17 | credit reporting agency; and | ||||||
| 18 | (7) protocols and procedures for compliance with | ||||||
| 19 | subsections (a), (a-5), and (c) of this Section. | ||||||
| 20 | Upon request, the Department of Healthcare and Family | ||||||
| 21 | Services may provide assistance to hospitals and approved | ||||||
| 22 | pediatric health care facilities developing billing protocols. | ||||||
| 23 | A hospital or approved pediatric health care facility | ||||||
| 24 | shall provide a copy of its billing protocol upon request. | ||||||
| 25 | (e) This Section is effective on and after January 1, | ||||||
| 26 | 2024. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 104-386, eff. 1-1-26.) | ||||||
| 2 | Section 190. The Illinois Vehicle Code is amended by | ||||||
| 3 | changing Sections 6-204, 6-308, 6-500, 6-601, and 16-103 as | ||||||
| 4 | follows: | ||||||
| 5 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204) | ||||||
| 6 | Sec. 6-204. When court to forward license and reports. | ||||||
| 7 | (a) For the purpose of providing to the Secretary of State | ||||||
| 8 | the records essential to the performance of the Secretary's | ||||||
| 9 | duties under this Code to cancel, revoke or suspend the | ||||||
| 10 | driver's license and privilege to drive motor vehicles of | ||||||
| 11 | certain minors and of persons found guilty of the criminal | ||||||
| 12 | offenses or traffic violations which this Code recognizes as | ||||||
| 13 | evidence relating to unfitness to safely operate motor | ||||||
| 14 | vehicles, the following duties are imposed upon public | ||||||
| 15 | officials: | ||||||
| 16 | (1) Whenever any person is convicted of any offense | ||||||
| 17 | for which this Code makes mandatory the cancellation or | ||||||
| 18 | revocation of the driver's license or permit of such | ||||||
| 19 | person by the Secretary of State, the judge of the court in | ||||||
| 20 | which such conviction is had shall require the surrender | ||||||
| 21 | to the clerk of the court of all driver's licenses or | ||||||
| 22 | permits then held by the person so convicted, and the | ||||||
| 23 | clerk of the court shall, within 5 days thereafter, | ||||||
| 24 | forward the same, together with a report of such | ||||||
| |||||||
| |||||||
| 1 | conviction, to the Secretary. | ||||||
| 2 | (2) Whenever any person is convicted of any offense | ||||||
| 3 | under this Code or similar offenses under a municipal | ||||||
| 4 | ordinance, other than regulations governing standing, | ||||||
| 5 | parking or weights of vehicles, and excepting the | ||||||
| 6 | following enumerated Sections of this Code: Sections | ||||||
| 7 | 11-1406 (obstruction to driver's view or control), 11-1407 | ||||||
| 8 | (improper opening of door into traffic), 11-1410 (coasting | ||||||
| 9 | on downgrade), 11-1411 (following fire apparatus), | ||||||
| 10 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving | ||||||
| 11 | vehicle which is in unsafe condition or improperly | ||||||
| 12 | equipped), 12-201(a) (daytime lights on motorcycles), | ||||||
| 13 | 12-202 (clearance, identification and side marker lamps), | ||||||
| 14 | 12-204 (lamp or flag on projecting load), 12-205 (failure | ||||||
| 15 | to display the safety lights required), 12-401 | ||||||
| 16 | (restrictions as to tire equipment), 12-502 (mirrors), | ||||||
| 17 | 12-503 (windshields must be unobstructed and equipped with | ||||||
| 18 | wipers), 12-601 (horns and warning devices), 12-602 | ||||||
| 19 | (mufflers, prevention of noise or smoke), 12-603 (seat | ||||||
| 20 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
| 21 | other warning devices), 12-703 (vehicles for oiling roads | ||||||
| 22 | operated on highways), 12-710 (splash guards and | ||||||
| 23 | replacements), 13-101 (safety tests), 15-101 (size, weight | ||||||
| 24 | and load), 15-102 (width), 15-103 (height), 15-104 (name | ||||||
| 25 | and address on second division vehicles), 15-107 (length | ||||||
| 26 | of vehicle), 15-109.1 (cover or tarpaulin), 15-111 | ||||||
| |||||||
| |||||||
| 1 | (weights), 15-112 (weights), 15-301 (weights), 15-316 | ||||||
| 2 | (weights), 15-318 (weights), and also excepting the | ||||||
| 3 | following enumerated Sections of the Chicago Municipal | ||||||
| 4 | Code: Sections 27-245 (following fire apparatus), 27-254 | ||||||
| 5 | (obstruction of traffic), 27-258 (driving vehicle which is | ||||||
| 6 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
| 7 | 27-264 (use of horns and signal devices), 27-265 | ||||||
| 8 | (obstruction to driver's view or driver mechanism), 27-267 | ||||||
| 9 | (dimming of headlights), 27-268 (unattended motor | ||||||
| 10 | vehicle), 27-272 (illegal funeral procession), 27-273 | ||||||
| 11 | (funeral procession on boulevard), 27-275 (driving freight | ||||||
| 12 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
| 13 | standing of buses or taxicabs), 27-277 (cruising of public | ||||||
| 14 | passenger vehicles), 27-305 (parallel parking), 27-306 | ||||||
| 15 | (diagonal parking), 27-307 (parking not to obstruct | ||||||
| 16 | traffic), 27-308 (stopping, standing or parking | ||||||
| 17 | regulated), 27-311 (parking regulations), 27-312 (parking | ||||||
| 18 | regulations), 27-313 (parking regulations), 27-314 | ||||||
| 19 | (parking regulations), 27-315 (parking regulations), | ||||||
| 20 | 27-316 (parking regulations), 27-317 (parking | ||||||
| 21 | regulations), 27-318 (parking regulations), 27-319 | ||||||
| 22 | (parking regulations), 27-320 (parking regulations), | ||||||
| 23 | 27-321 (parking regulations), 27-322 (parking | ||||||
| 24 | regulations), 27-324 (loading and unloading at an angle), | ||||||
| 25 | 27-333 (wheel and axle loads), 27-334 (load restrictions | ||||||
| 26 | in the downtown district), 27-335 (load restrictions in | ||||||
| |||||||
| |||||||
| 1 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
| 2 | (height of vehicles), 27-340 (length of vehicles), 27-352 | ||||||
| 3 | (reflectors on trailers), 27-353 (mufflers), 27-354 | ||||||
| 4 | (display of plates), 27-355 (display of city vehicle tax | ||||||
| 5 | sticker), 27-357 (identification of vehicles), 27-358 | ||||||
| 6 | (projecting of loads), and also excepting the following | ||||||
| 7 | enumerated paragraphs of Section 2-201 of the Rules and | ||||||
| 8 | Regulations of the Illinois State Toll Highway Authority: | ||||||
| 9 | (l) (driving unsafe vehicle on tollway), (m) (vehicles | ||||||
| 10 | transporting dangerous cargo not properly indicated), it | ||||||
| 11 | shall be the duty of the clerk of the court in which such | ||||||
| 12 | conviction is had within 5 days thereafter to forward to | ||||||
| 13 | the Secretary of State a report of the conviction and the | ||||||
| 14 | court may recommend the suspension of the driver's license | ||||||
| 15 | or permit of the person so convicted. | ||||||
| 16 | The reporting requirements of this subsection shall | ||||||
| 17 | apply to all violations stated in paragraphs (1) and (2) | ||||||
| 18 | of this subsection when the individual has been | ||||||
| 19 | adjudicated under the Juvenile Court Act or the Juvenile | ||||||
| 20 | Court Act of 1987. Such reporting requirements shall also | ||||||
| 21 | apply to individuals adjudicated under the Juvenile Court | ||||||
| 22 | Act or the Juvenile Court Act of 1987 who have committed a | ||||||
| 23 | violation of Section 11-501 of this Code, or similar | ||||||
| 24 | provision of a local ordinance, or Section 9-3 of the | ||||||
| 25 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 26 | relating to the offense of reckless homicide, or Section | ||||||
| |||||||
| |||||||
| 1 | 5-7 of the Snowmobile Registration and Safety Act or | ||||||
| 2 | Section 5-16 of the Boat Registration and Safety Act, | ||||||
| 3 | relating to the offense of operating a snowmobile or a | ||||||
| 4 | watercraft while under the influence of alcohol, other | ||||||
| 5 | drug or drugs, intoxicating compound or compounds, or | ||||||
| 6 | combination thereof. These reporting requirements also | ||||||
| 7 | apply to individuals adjudicated under the Juvenile Court | ||||||
| 8 | Act of 1987 based on any offense determined to have been | ||||||
| 9 | committed in furtherance of the criminal activities of an | ||||||
| 10 | organized gang, as provided in Section 5-710 of that Act, | ||||||
| 11 | if those activities involved the operation or use of a | ||||||
| 12 | motor vehicle. It shall be the duty of the clerk of the | ||||||
| 13 | court in which adjudication is had within 5 days | ||||||
| 14 | thereafter to forward to the Secretary of State a report | ||||||
| 15 | of the adjudication and the court order requiring the | ||||||
| 16 | Secretary of State to suspend the minor's driver's license | ||||||
| 17 | and driving privilege for such time as determined by the | ||||||
| 18 | court, but only until he or she attains the age of 18 | ||||||
| 19 | years. All juvenile court dispositions reported to the | ||||||
| 20 | Secretary of State under this provision shall be processed | ||||||
| 21 | by the Secretary of State as if the cases had been | ||||||
| 22 | adjudicated in traffic or criminal court. However, | ||||||
| 23 | information reported relative to the offense of reckless | ||||||
| 24 | homicide, or Section 11-501 of this Code, or a similar | ||||||
| 25 | provision of a local ordinance, shall be privileged and | ||||||
| 26 | available only to the Secretary of State, courts, and | ||||||
| |||||||
| |||||||
| 1 | police officers. | ||||||
| 2 | The reporting requirements of this subsection (a) | ||||||
| 3 | apply to all violations listed in paragraphs (1) and (2) | ||||||
| 4 | of this subsection (a), excluding parking violations, when | ||||||
| 5 | the driver holds a CLP or CDL, regardless of the type of | ||||||
| 6 | vehicle in which the violation occurred, or when any | ||||||
| 7 | driver committed the violation in a commercial motor | ||||||
| 8 | vehicle as defined in Section 6-500 of this Code. | ||||||
| 9 | (3) Whenever an order is entered vacating the | ||||||
| 10 | forfeiture of any bail, security or bond given to secure | ||||||
| 11 | appearance for any offense under this Code or similar | ||||||
| 12 | offenses under municipal ordinance, it shall be the duty | ||||||
| 13 | of the clerk of the court in which such vacation was had or | ||||||
| 14 | the judge of such court if such court has no clerk, within | ||||||
| 15 | 5 days thereafter to forward to the Secretary of State a | ||||||
| 16 | report of the vacation. Whenever an order is entered | ||||||
| 17 | revoking pretrial release given to secure appearance for | ||||||
| 18 | any offense under this Code or similar offenses under | ||||||
| 19 | municipal ordinance, it shall be the duty of the clerk of | ||||||
| 20 | the court in which such revocation was had or the judge of | ||||||
| 21 | such court if such court has no clerk, within 5 days | ||||||
| 22 | thereafter to forward to the Secretary of State a report | ||||||
| 23 | of the revocation. | ||||||
| 24 | (4) A report of any disposition of court supervision | ||||||
| 25 | for a violation of Sections 6-303, 11-401, 11-501 or a | ||||||
| 26 | similar provision of a local ordinance, 11-503, 11-504, | ||||||
| |||||||
| |||||||
| 1 | and 11-506 of this Code, Section 5-7 of the Snowmobile | ||||||
| 2 | Registration and Safety Act, and Section 5-16 of the Boat | ||||||
| 3 | Registration and Safety Act shall be forwarded to the | ||||||
| 4 | Secretary of State. A report of any disposition of court | ||||||
| 5 | supervision for a violation of an offense defined as a | ||||||
| 6 | serious traffic violation in this Code or a similar | ||||||
| 7 | provision of a local ordinance committed by a person under | ||||||
| 8 | the age of 21 years shall be forwarded to the Secretary of | ||||||
| 9 | State. | ||||||
| 10 | (5) Reports of conviction under this Code and | ||||||
| 11 | sentencing hearings under the Juvenile Court Act of 1987 | ||||||
| 12 | in an electronic format or a computer processible medium | ||||||
| 13 | shall be forwarded to the Secretary of State via the | ||||||
| 14 | Supreme Court in the form and format required by the | ||||||
| 15 | Illinois Supreme Court and established by a written | ||||||
| 16 | agreement between the Supreme Court and the Secretary of | ||||||
| 17 | State. In counties with a population over 300,000, instead | ||||||
| 18 | of forwarding reports to the Supreme Court, reports of | ||||||
| 19 | conviction under this Code and sentencing hearings under | ||||||
| 20 | the Juvenile Court Act of 1987 in an electronic format or a | ||||||
| 21 | computer processible medium may be forwarded to the | ||||||
| 22 | Secretary of State by the Circuit Court Clerk in a form and | ||||||
| 23 | format required by the Secretary of State and established | ||||||
| 24 | by written agreement between the Circuit Court Clerk and | ||||||
| 25 | the Secretary of State. Failure to forward the reports of | ||||||
| 26 | conviction or sentencing hearing under the Juvenile Court | ||||||
| |||||||
| |||||||
| 1 | Act of 1987 as required by this Section shall be deemed an | ||||||
| 2 | omission of duty and it shall be the duty of the several | ||||||
| 3 | State's Attorneys to enforce the requirements of this | ||||||
| 4 | Section. | ||||||
| 5 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
| 6 | court, as a result of confiscation by a police officer | ||||||
| 7 | pursuant to the authority in Section 6-113(f), it shall be the | ||||||
| 8 | duty of the clerk, or judge, if the court has no clerk, to | ||||||
| 9 | forward such restricted driving permit and a facsimile of the | ||||||
| 10 | officer's citation to the Secretary of State as expeditiously | ||||||
| 11 | as practicable. | ||||||
| 12 | (c) For the purposes of this Code, a forfeiture of bail or | ||||||
| 13 | collateral deposited to secure a defendant's appearance in | ||||||
| 14 | court when forfeiture has not been vacated, or the failure of a | ||||||
| 15 | defendant to appear for trial after depositing his driver's | ||||||
| 16 | license in lieu of other bail, shall be equivalent to a | ||||||
| 17 | conviction. For the purposes of this Code, a revocation of | ||||||
| 18 | pretrial release that has not been vacated, or the failure of a | ||||||
| 19 | defendant to appear for trial after depositing his driver's | ||||||
| 20 | license, shall be equivalent to a conviction. | ||||||
| 21 | (d) For the purpose of providing the Secretary of State | ||||||
| 22 | with records necessary to properly monitor and assess driver | ||||||
| 23 | performance and assist the courts in the proper disposition of | ||||||
| 24 | repeat traffic law offenders, the clerk of the court shall | ||||||
| 25 | forward to the Secretary of State, on a form prescribed by the | ||||||
| 26 | Secretary, records of a driver's participation in a driver | ||||||
| |||||||
| |||||||
| 1 | remedial or rehabilitative program which was required, through | ||||||
| 2 | a court order or court supervision, in relation to the | ||||||
| 3 | driver's arrest for a violation of Section 11-501 of this Code | ||||||
| 4 | or a similar provision of a local ordinance. The clerk of the | ||||||
| 5 | court shall also forward to the Secretary, either on paper or | ||||||
| 6 | in an electronic format or a computer processible medium as | ||||||
| 7 | required under paragraph (5) of subsection (a) of this | ||||||
| 8 | Section, any disposition of court supervision for any traffic | ||||||
| 9 | violation, excluding those offenses listed in paragraph (2) of | ||||||
| 10 | subsection (a) of this Section. These reports shall be sent | ||||||
| 11 | within 5 days after disposition, or, if the driver is referred | ||||||
| 12 | to a driver remedial or rehabilitative program, within 5 days | ||||||
| 13 | of the driver's referral to that program. These reports | ||||||
| 14 | received by the Secretary of State, including those required | ||||||
| 15 | to be forwarded under paragraph (a)(4), shall be privileged | ||||||
| 16 | information, available only (i) to the affected driver, (ii) | ||||||
| 17 | to the parent or guardian of a person under the age of 18 years | ||||||
| 18 | holding an instruction permit or a graduated driver's license, | ||||||
| 19 | and (iii) for use by the courts, police officers, prosecuting | ||||||
| 20 | authorities, the Secretary of State, and the driver licensing | ||||||
| 21 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
| 22 | Part 384, all reports of court supervision, except violations | ||||||
| 23 | related to parking, shall be forwarded to the Secretary of | ||||||
| 24 | State for all holders of a CLP or CDL or any driver who commits | ||||||
| 25 | an offense while driving a commercial motor vehicle. These | ||||||
| 26 | reports shall be recorded to the driver's record as a | ||||||
| |||||||
| |||||||
| 1 | conviction for use in the disqualification of the driver's | ||||||
| 2 | commercial motor vehicle privileges and shall not be | ||||||
| 3 | privileged information. | ||||||
| 4 | (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; | ||||||
| 5 | 102-1104, eff. 1-1-23.) | ||||||
| 6 | (625 ILCS 5/6-308) | ||||||
| 7 | Sec. 6-308. Procedures for traffic violations. | ||||||
| 8 | (a) Any person cited for violating this Code or a similar | ||||||
| 9 | provision of a local ordinance for which a violation is a petty | ||||||
| 10 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
| 11 | Corrections, excluding business offenses as defined by Section | ||||||
| 12 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
| 13 | Section 15-111 or subsection (d) of Section 3-401 of this | ||||||
| 14 | Code, shall not be required to sign the citation or post bond | ||||||
| 15 | to secure bail for his or her release. All other provisions of | ||||||
| 16 | this Code or similar provisions of local ordinances shall be | ||||||
| 17 | governed by the bail pretrial release provisions of the | ||||||
| 18 | Illinois Supreme Court Rules when it is not practical or | ||||||
| 19 | feasible to take the person before a judge to have bail | ||||||
| 20 | conditions of pretrial release set or to avoid undue delay | ||||||
| 21 | because of the hour or circumstances. | ||||||
| 22 | (b) Whenever a person fails to appear in court, the court | ||||||
| 23 | may continue the case for a minimum of 30 days and the clerk of | ||||||
| 24 | the court shall send notice of the continued court date to the | ||||||
| 25 | person's last known address and, if the clerk of the court | ||||||
| |||||||
| |||||||
| 1 | elects to establish a system to send text, email, and | ||||||
| 2 | telephone notifications, may also send notifications to an | ||||||
| 3 | email address and may send a text message to the person's last | ||||||
| 4 | known cellular telephone number. If the person does not have a | ||||||
| 5 | cellular telephone number, the clerk of the court may reach | ||||||
| 6 | the person by calling the person's last known landline | ||||||
| 7 | telephone number regarding continued court dates. The notice | ||||||
| 8 | shall include a statement that a subsequent failure to appear | ||||||
| 9 | in court could result in a warrant for the defendant's arrest | ||||||
| 10 | and other significant consequences affecting their driving | ||||||
| 11 | privileges. If the person does not (i) appear in court on or | ||||||
| 12 | before the continued court date, (ii) satisfy the charge | ||||||
| 13 | without a court appearance if allowed by Illinois Supreme | ||||||
| 14 | Court Rule, or (iii) satisfy the court that the person's | ||||||
| 15 | appearance in and surrender to the court is impossible for no | ||||||
| 16 | fault of the person, the court shall: (1) for those offenses | ||||||
| 17 | under this Code that are punishable by fine only, enter an ex | ||||||
| 18 | parte judgment of conviction imposing a single assessment, | ||||||
| 19 | specified in the applicable assessment Schedule 10 or 10.5 for | ||||||
| 20 | the charged offense, as provided in the Criminal and Traffic | ||||||
| 21 | Assessment Act, plus a fine allowed by statute and the clerk of | ||||||
| 22 | the court shall notify the Secretary of State, in a manner and | ||||||
| 23 | form prescribed by the Secretary, of the court's order, or (2) | ||||||
| 24 | for those offenses under this Code that are punishable by a | ||||||
| 25 | sentence of imprisonment, enter an order of failure to appear. | ||||||
| 26 | The clerk of the court shall notify the Secretary of State, on | ||||||
| |||||||
| |||||||
| 1 | a report prescribed by the Secretary, of the court's order. | ||||||
| 2 | The Secretary, when notified by the clerk of the court that an | ||||||
| 3 | order of failure to appear has been entered, shall immediately | ||||||
| 4 | suspend the person's driver's license, which shall be | ||||||
| 5 | designated by the Secretary as a failure to appear suspension. | ||||||
| 6 | The Secretary shall not remove the suspension, nor issue any | ||||||
| 7 | permit or privileges to the person whose license has been | ||||||
| 8 | suspended, until the Secretary is notified by the ordering | ||||||
| 9 | court that the person has appeared and resolved the violation | ||||||
| 10 | or failure to appear order. Upon compliance, the clerk of the | ||||||
| 11 | court shall present the person with a notice of compliance | ||||||
| 12 | containing the seal of the court and shall notify the | ||||||
| 13 | Secretary that the person has appeared and resolved the | ||||||
| 14 | violation or failure to appear order. | ||||||
| 15 | (c) Illinois Supreme Court Rules shall govern bail | ||||||
| 16 | pretrial release and appearance procedures when a person who | ||||||
| 17 | is a resident of another state that is not a member of the | ||||||
| 18 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
| 19 | this Code or a similar provision of a local ordinance. The | ||||||
| 20 | changes made to this Section by Public Act 103-0789 do not | ||||||
| 21 | apply to suspensions entered pursuant to the Nonresident | ||||||
| 22 | Violator Compact of 1977. | ||||||
| 23 | (d) The changes made to this Section by Public Act 103-789 | ||||||
| 24 | apply to each individual whose license was suspended pursuant | ||||||
| 25 | to this Section from January 1, 2020 through June 30, 2025 for | ||||||
| 26 | an offense under this Code that is punishable only by fine and | ||||||
| |||||||
| |||||||
| 1 | did not involve the death of another person. No later than | ||||||
| 2 | October 1, 2025, the clerk of the court shall notify the | ||||||
| 3 | Secretary of State in a manner and form prescribed by the | ||||||
| 4 | Secretary, of each failure to appear notification previously | ||||||
| 5 | sent to the Secretary by the clerk of the court resulting from | ||||||
| 6 | an offense that is punishable only by fine and did not involve | ||||||
| 7 | the death of another person for which a notice of compliance | ||||||
| 8 | had not been sent to the Secretary. No later than January 1, | ||||||
| 9 | 2026, the Secretary shall rescind the suspension of each | ||||||
| 10 | driver identified by the clerk of the court under this | ||||||
| 11 | subsection (d) without further action by the person whose | ||||||
| 12 | driver's license is suspended pursuant to this Section. | ||||||
| 13 | (Source: P.A. 103-789, eff. 7-1-25 (see Section 55 of P.A. | ||||||
| 14 | 103-1059 for the effective date of P.A. 103-789); 103-1059, | ||||||
| 15 | eff. 12-20-24; 104-22, eff. 7-1-25.) | ||||||
| 16 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500) | ||||||
| 17 | Sec. 6-500. Definitions of words and phrases. | ||||||
| 18 | Notwithstanding the definitions set forth elsewhere in this | ||||||
| 19 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
| 20 | Act (UCDLA), the words and phrases listed below have the | ||||||
| 21 | meanings ascribed to them as follows: | ||||||
| 22 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
| 23 | form of alcohol, including but not limited to ethanol, | ||||||
| 24 | methanol, propanol, and isopropanol. | ||||||
| 25 | (2) Alcohol concentration. "Alcohol concentration" means: | ||||||
| |||||||
| |||||||
| 1 | (A) the number of grams of alcohol per 210 liters of | ||||||
| 2 | breath; or | ||||||
| 3 | (B) the number of grams of alcohol per 100 milliliters | ||||||
| 4 | of blood; or | ||||||
| 5 | (C) the number of grams of alcohol per 67 milliliters | ||||||
| 6 | of urine. | ||||||
| 7 | Alcohol tests administered within 2 hours of the driver | ||||||
| 8 | being "stopped or detained" shall be considered that driver's | ||||||
| 9 | "alcohol concentration" for the purposes of enforcing this | ||||||
| 10 | UCDLA. | ||||||
| 11 | (3) (Blank). | ||||||
| 12 | (4) (Blank). | ||||||
| 13 | (5) (Blank). | ||||||
| 14 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
| 15 | electronic record of the individual CDL driver's status and | ||||||
| 16 | history stored by the State-of-Record as part of the | ||||||
| 17 | Commercial Driver's License Information System, or CDLIS, | ||||||
| 18 | established under 49 U.S.C. 31309. | ||||||
| 19 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
| 20 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
| 21 | driver record meeting the requirements for access to CDLIS | ||||||
| 22 | information and provided by states to users authorized in 49 | ||||||
| 23 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
| 24 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
| 25 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
| 26 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
| |||||||
| |||||||
| 1 | (A) a state allows the driver to change his or her | ||||||
| 2 | self-certification to interstate, but operating | ||||||
| 3 | exclusively in transportation or operation excepted from | ||||||
| 4 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
| 5 | 391.2, 391.68, or 398.3; | ||||||
| 6 | (B) a state allows the driver to change his or her | ||||||
| 7 | self-certification to intrastate only, if the driver | ||||||
| 8 | qualifies under that state's physical qualification | ||||||
| 9 | requirements for intrastate only; | ||||||
| 10 | (C) a state allows the driver to change his or her | ||||||
| 11 | certification to intrastate, but operating exclusively in | ||||||
| 12 | transportation or operations excepted from all or part of | ||||||
| 13 | the state driver qualification requirements; or | ||||||
| 14 | (D) a state removes the CDL privilege from the driver | ||||||
| 15 | license. | ||||||
| 16 | (6) Commercial Motor Vehicle. | ||||||
| 17 | (A) "Commercial motor vehicle" or "CMV" means a motor | ||||||
| 18 | vehicle or combination of motor vehicles used in commerce, | ||||||
| 19 | except those referred to in subdivision (B), designed to | ||||||
| 20 | transport passengers or property if the motor vehicle: | ||||||
| 21 | (i) has a gross combination weight rating or gross | ||||||
| 22 | combination weight of 11,794 kilograms or more (26,001 | ||||||
| 23 | pounds or more), whichever is greater, inclusive of | ||||||
| 24 | any towed unit with a gross vehicle weight rating or | ||||||
| 25 | gross vehicle weight of more than 4,536 kilograms | ||||||
| 26 | (10,000 pounds), whichever is greater; or | ||||||
| |||||||
| |||||||
| 1 | (i-5) has a gross vehicle weight rating or gross | ||||||
| 2 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
| 3 | pounds or more), whichever is greater; or | ||||||
| 4 | (ii) is designed to transport 16 or more persons, | ||||||
| 5 | including the driver; or | ||||||
| 6 | (iii) is of any size and is used in transporting | ||||||
| 7 | hazardous materials as defined in 49 C.F.R. 383.5. | ||||||
| 8 | (B) Pursuant to the interpretation of the Commercial | ||||||
| 9 | Motor Vehicle Safety Act of 1986 by the Federal Highway | ||||||
| 10 | Administration, the definition of "commercial motor | ||||||
| 11 | vehicle" does not include: | ||||||
| 12 | (i) recreational vehicles, when operated primarily | ||||||
| 13 | for personal use; | ||||||
| 14 | (ii) vehicles owned by or operated under the | ||||||
| 15 | direction of the United States Department of Defense | ||||||
| 16 | or the United States Coast Guard only when operated by | ||||||
| 17 | non-civilian personnel. This includes any operator on | ||||||
| 18 | active military duty; members of the Reserves; | ||||||
| 19 | National Guard; personnel on part-time training; and | ||||||
| 20 | National Guard military technicians (civilians who are | ||||||
| 21 | required to wear military uniforms and are subject to | ||||||
| 22 | the Code of Military Justice); or | ||||||
| 23 | (iii) firefighting, police, and other emergency | ||||||
| 24 | equipment (including, without limitation, equipment | ||||||
| 25 | owned or operated by a HazMat or technical rescue team | ||||||
| 26 | authorized by a county board under Section 5-1127 of | ||||||
| |||||||
| |||||||
| 1 | the Counties Code), with audible and visual signals, | ||||||
| 2 | owned or operated by or for a governmental entity, | ||||||
| 3 | which is necessary to the preservation of life or | ||||||
| 4 | property or the execution of emergency governmental | ||||||
| 5 | functions which are normally not subject to general | ||||||
| 6 | traffic rules and regulations. | ||||||
| 7 | (7) Controlled Substance. "Controlled substance" shall | ||||||
| 8 | have the same meaning as defined in Section 102 of the Illinois | ||||||
| 9 | Controlled Substances Act, and shall also include cannabis as | ||||||
| 10 | defined in Section 3 of the Cannabis Control Act and | ||||||
| 11 | methamphetamine as defined in Section 10 of the | ||||||
| 12 | Methamphetamine Control and Community Protection Act. | ||||||
| 13 | (8) Conviction. "Conviction" means an unvacated | ||||||
| 14 | adjudication of guilt or a determination that a person has | ||||||
| 15 | violated or failed to comply with the law in a court of | ||||||
| 16 | original jurisdiction or by an authorized administrative | ||||||
| 17 | tribunal; an unvacated forfeiture of bail or collateral | ||||||
| 18 | deposited to secure the person's appearance in court; a plea | ||||||
| 19 | of guilty or nolo contendere accepted by the court; the | ||||||
| 20 | payment of a fine or court cost regardless of whether the | ||||||
| 21 | imposition of sentence is deferred and ultimately a judgment | ||||||
| 22 | dismissing the underlying charge is entered; or a violation of | ||||||
| 23 | a condition of release without bail, regardless of whether or | ||||||
| 24 | not the penalty is rebated, suspended or probated. | ||||||
| 25 | "Conviction" means an unvacated adjudication of guilt or a | ||||||
| 26 | determination that a person has violated or failed to comply | ||||||
| |||||||
| |||||||
| 1 | with the law in a court of original jurisdiction or by an | ||||||
| 2 | authorized administrative tribunal; an unvacated revocation of | ||||||
| 3 | pretrial release; a plea of guilty or nolo contendere accepted | ||||||
| 4 | by the court; or the payment of a fine or court cost regardless | ||||||
| 5 | of whether the imposition of sentence is deferred and | ||||||
| 6 | ultimately a judgment dismissing the underlying charge is | ||||||
| 7 | entered. | ||||||
| 8 | (8.5) Day. "Day" means calendar day. | ||||||
| 9 | (9) (Blank). | ||||||
| 10 | (10) (Blank). | ||||||
| 11 | (11) (Blank). | ||||||
| 12 | (12) (Blank). | ||||||
| 13 | (13) Driver. "Driver" means any person who drives, | ||||||
| 14 | operates, or is in physical control of a commercial motor | ||||||
| 15 | vehicle, any person who is required to hold a CDL, or any | ||||||
| 16 | person who is a holder of a CDL while operating a | ||||||
| 17 | non-commercial motor vehicle. | ||||||
| 18 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
| 19 | individual who applies to a state or other jurisdiction to | ||||||
| 20 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
| 21 | a CLP. | ||||||
| 22 | (13.6) Drug and alcohol clearinghouse. "Drug and alcohol | ||||||
| 23 | clearinghouse" means a database system established by the | ||||||
| 24 | Federal Motor Carrier Safety Administration that permits the | ||||||
| 25 | access and retrieval of a drug and alcohol testing violation | ||||||
| 26 | or violations precluding an applicant or employee from | ||||||
| |||||||
| |||||||
| 1 | occupying safety-sensitive positions involving the operation | ||||||
| 2 | of a commercial motor vehicle. | ||||||
| 3 | (13.8) Electronic device. "Electronic device" includes, | ||||||
| 4 | but is not limited to, a cellular telephone, personal digital | ||||||
| 5 | assistant, pager, computer, or any other device used to input, | ||||||
| 6 | write, send, receive, or read text. | ||||||
| 7 | (14) Employee. "Employee" means a person who is employed | ||||||
| 8 | as a commercial motor vehicle driver. A person who is | ||||||
| 9 | self-employed as a commercial motor vehicle driver must comply | ||||||
| 10 | with the requirements of this UCDLA pertaining to employees. | ||||||
| 11 | An owner-operator on a long-term lease shall be considered an | ||||||
| 12 | employee. | ||||||
| 13 | (15) Employer. "Employer" means a person (including the | ||||||
| 14 | United States, a State or a local authority) who owns or leases | ||||||
| 15 | a commercial motor vehicle or assigns employees to operate | ||||||
| 16 | such a vehicle. A person who is self-employed as a commercial | ||||||
| 17 | motor vehicle driver must comply with the requirements of this | ||||||
| 18 | UCDLA. | ||||||
| 19 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
| 20 | to an individual's CLP or CDL required to permit the | ||||||
| 21 | individual to operate certain types of commercial motor | ||||||
| 22 | vehicles. | ||||||
| 23 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
| 24 | training" means the training an entry-level driver receives | ||||||
| 25 | from an entity listed on the Federal Motor Carrier Safety | ||||||
| 26 | Administration's Training Provider Registry prior to: (i) | ||||||
| |||||||
| |||||||
| 1 | taking the CDL skills test required to receive the Class A or | ||||||
| 2 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
| 3 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
| 4 | taking the CDL skills test required to obtain a passenger or | ||||||
| 5 | school bus endorsement for the first time or the CDL knowledge | ||||||
| 6 | test required to obtain a hazardous materials endorsement for | ||||||
| 7 | the first time. | ||||||
| 8 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
| 9 | person who operates or expects to operate in interstate | ||||||
| 10 | commerce, but engages exclusively in transportation or | ||||||
| 11 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, | ||||||
| 12 | or 398.3 from all or part of the qualification requirements of | ||||||
| 13 | 49 C.F.R. Part 391 and is not required to obtain a medical | ||||||
| 14 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
| 15 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
| 16 | person who operates in intrastate commerce but engages | ||||||
| 17 | exclusively in transportation or operations excepted from all | ||||||
| 18 | or parts of the state driver qualification requirements. | ||||||
| 19 | (16) (Blank). | ||||||
| 20 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
| 21 | a result of a motor vehicle crash. | ||||||
| 22 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
| 23 | driver" means a person licensed to operate a commercial motor | ||||||
| 24 | vehicle by an authority outside the United States, or a | ||||||
| 25 | citizen of a foreign country who operates a commercial motor | ||||||
| 26 | vehicle in the United States. | ||||||
| |||||||
| |||||||
| 1 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
| 2 | sovereign jurisdiction that does not fall within the | ||||||
| 3 | definition of "State". | ||||||
| 4 | (18) (Blank). | ||||||
| 5 | (19) (Blank). | ||||||
| 6 | (20) Hazardous materials. "Hazardous material" means any | ||||||
| 7 | material that has been designated under 49 U.S.C. 5103 and is | ||||||
| 8 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
| 9 | or any quantity of a material listed as a select agent or toxin | ||||||
| 10 | in 42 C.F.R. part 73. | ||||||
| 11 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
| 12 | existence of any condition of a vehicle, employee, or | ||||||
| 13 | commercial motor vehicle operations that substantially | ||||||
| 14 | increases the likelihood of serious injury or death if not | ||||||
| 15 | discontinued immediately; or a condition relating to hazardous | ||||||
| 16 | material that presents a substantial likelihood that death, | ||||||
| 17 | serious illness, severe personal injury, or a substantial | ||||||
| 18 | endangerment to health, property, or the environment may occur | ||||||
| 19 | before the reasonably foreseeable completion date of a formal | ||||||
| 20 | proceeding begun to lessen the risk of that death, illness, | ||||||
| 21 | injury or endangerment. | ||||||
| 22 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
| 23 | transfer, renewal, or upgrade of a CLP or CDL and | ||||||
| 24 | non-domiciled CLP or CDL. | ||||||
| 25 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
| 26 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
| |||||||
| |||||||
| 1 | non-domiciled CDL. | ||||||
| 2 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
| 3 | commercial motor vehicle by the owner-lessor to a lessee, for | ||||||
| 4 | a period of more than 29 days. | ||||||
| 5 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
| 6 | transmission utilizing a driver-operated clutch that is | ||||||
| 7 | activated by a pedal or lever and a gear-shift mechanism | ||||||
| 8 | operated either by hand or foot including those known as a | ||||||
| 9 | stick shift, stick, straight drive, or standard transmission. | ||||||
| 10 | All other transmissions, whether semi-automatic or automatic, | ||||||
| 11 | shall be considered automatic for the purposes of the | ||||||
| 12 | standardized restriction code. | ||||||
| 13 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
| 14 | individual certified by the Federal Motor Carrier Safety | ||||||
| 15 | Administration and listed on the National Registry of | ||||||
| 16 | Certified Medical Examiners in accordance with Federal Motor | ||||||
| 17 | Carrier Safety Regulations, 49 CFR 390.101 et seq. | ||||||
| 18 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
| 19 | certificate" means either (1) prior to June 22, 2021, a | ||||||
| 20 | document prescribed or approved by the Secretary of State that | ||||||
| 21 | is issued by a medical examiner to a driver to medically | ||||||
| 22 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
| 23 | electronic submission of results of an examination conducted | ||||||
| 24 | by a medical examiner listed on the National Registry of | ||||||
| 25 | Certified Medical Examiners to the Federal Motor Carrier | ||||||
| 26 | Safety Administration of a driver to medically qualify him or | ||||||
| |||||||
| |||||||
| 1 | her to drive. | ||||||
| 2 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
| 3 | has received one of the following from the Federal Motor | ||||||
| 4 | Carrier Safety Administration which allows the driver to be | ||||||
| 5 | issued a medical certificate: (1) an exemption letter | ||||||
| 6 | permitting operation of a commercial motor vehicle pursuant to | ||||||
| 7 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
| 8 | skill performance evaluation (SPE) certificate permitting | ||||||
| 9 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
| 10 | 391.49. | ||||||
| 11 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
| 12 | communication device that falls under or uses any commercial | ||||||
| 13 | mobile radio service, as defined in regulations of the Federal | ||||||
| 14 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
| 15 | two-way or citizens band radio services. | ||||||
| 16 | (22) Motor Vehicle. "Motor vehicle" means every vehicle | ||||||
| 17 | which is self-propelled, and every vehicle which is propelled | ||||||
| 18 | by electric power obtained from over head trolley wires but | ||||||
| 19 | not operated upon rails, except vehicles moved solely by human | ||||||
| 20 | power and motorized wheel chairs. | ||||||
| 21 | (22.2) Motor vehicle record. "Motor vehicle record" means | ||||||
| 22 | a report of the driving status and history of a driver | ||||||
| 23 | generated from the driver record provided to users, such as | ||||||
| 24 | drivers or employers, and is subject to the provisions of the | ||||||
| 25 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
| 26 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
| |||||||
| |||||||
| 1 | combination of motor vehicles not defined by the term | ||||||
| 2 | "commercial motor vehicle" or "CMV" in this Section. | ||||||
| 3 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
| 4 | means a person who operates or expects to operate in | ||||||
| 5 | interstate commerce, is subject to and meets the qualification | ||||||
| 6 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
| 7 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
| 8 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
| 9 | means a person who operates only in intrastate commerce and is | ||||||
| 10 | subject to State driver qualification requirements. | ||||||
| 11 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
| 12 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
| 13 | respectively, issued by a state or other jurisdiction under | ||||||
| 14 | either of the following two conditions: | ||||||
| 15 | (i) to an individual domiciled in a foreign country | ||||||
| 16 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
| 17 | of the Federal Motor Carrier Safety Administration. | ||||||
| 18 | (ii) to an individual domiciled in another state | ||||||
| 19 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
| 20 | of the Federal Motor Carrier Safety Administration. | ||||||
| 21 | (24) (Blank). | ||||||
| 22 | (25) (Blank). | ||||||
| 23 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
| 24 | "Railroad-highway grade crossing violation" means a violation, | ||||||
| 25 | while operating a commercial motor vehicle, of any of the | ||||||
| 26 | following: | ||||||
| |||||||
| |||||||
| 1 | (A) Section 11-1201, 11-1202, or 11-1425 of this Code. | ||||||
| 2 | (B) Any other similar law or local ordinance of any | ||||||
| 3 | state relating to railroad-highway grade crossing. | ||||||
| 4 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
| 5 | vehicle used to transport pre-primary, primary, or secondary | ||||||
| 6 | school students from home to school, from school to home, or to | ||||||
| 7 | and from school-sponsored events. "School bus" does not | ||||||
| 8 | include a bus used as a common carrier. | ||||||
| 9 | (26) Serious Traffic Violation. "Serious traffic | ||||||
| 10 | violation" means: | ||||||
| 11 | (A) a conviction when operating a commercial motor | ||||||
| 12 | vehicle, or when operating a non-CMV while holding a CLP | ||||||
| 13 | or CDL, of: | ||||||
| 14 | (i) a violation relating to excessive speeding, | ||||||
| 15 | involving a single speeding charge of 15 miles per | ||||||
| 16 | hour or more above the legal speed limit; or | ||||||
| 17 | (ii) a violation relating to reckless driving; or | ||||||
| 18 | (iii) a violation of any State law or local | ||||||
| 19 | ordinance relating to motor vehicle traffic control | ||||||
| 20 | (other than parking violations) arising in connection | ||||||
| 21 | with a fatal traffic crash; or | ||||||
| 22 | (iv) a violation of Section 6-501, relating to | ||||||
| 23 | having multiple driver's licenses; or | ||||||
| 24 | (v) a violation of paragraph (a) of Section 6-507, | ||||||
| 25 | relating to the requirement to have a valid CLP or CDL; | ||||||
| 26 | or | ||||||
| |||||||
| |||||||
| 1 | (vi) a violation relating to improper or erratic | ||||||
| 2 | traffic lane changes; or | ||||||
| 3 | (vii) a violation relating to following another | ||||||
| 4 | vehicle too closely; or | ||||||
| 5 | (viii) a violation relating to texting while | ||||||
| 6 | driving; or | ||||||
| 7 | (ix) a violation relating to the use of a | ||||||
| 8 | hand-held mobile telephone while driving; or | ||||||
| 9 | (B) any other similar violation of a law or local | ||||||
| 10 | ordinance of any state relating to motor vehicle traffic | ||||||
| 11 | control, other than a parking violation, which the | ||||||
| 12 | Secretary of State determines by administrative rule to be | ||||||
| 13 | serious. | ||||||
| 14 | (27) State. "State" means a state of the United States, | ||||||
| 15 | the District of Columbia and any province or territory of | ||||||
| 16 | Canada. | ||||||
| 17 | (28) (Blank). | ||||||
| 18 | (29) (Blank). | ||||||
| 19 | (30) (Blank). | ||||||
| 20 | (31) (Blank). | ||||||
| 21 | (32) Texting. "Texting" means manually entering | ||||||
| 22 | alphanumeric text into, or reading text from, an electronic | ||||||
| 23 | device. | ||||||
| 24 | (1) Texting includes, but is not limited to, short | ||||||
| 25 | message service, emailing, instant messaging, a command or | ||||||
| 26 | request to access a World Wide Web page, pressing more | ||||||
| |||||||
| |||||||
| 1 | than a single button to initiate or terminate a voice | ||||||
| 2 | communication using a mobile telephone, or engaging in any | ||||||
| 3 | other form of electronic text retrieval or entry for | ||||||
| 4 | present or future communication. | ||||||
| 5 | (2) Texting does not include: | ||||||
| 6 | (i) inputting, selecting, or reading information | ||||||
| 7 | on a global positioning system or navigation system; | ||||||
| 8 | or | ||||||
| 9 | (ii) pressing a single button to initiate or | ||||||
| 10 | terminate a voice communication using a mobile | ||||||
| 11 | telephone; or | ||||||
| 12 | (iii) using a device capable of performing | ||||||
| 13 | multiple functions (for example, a fleet management | ||||||
| 14 | system, dispatching device, smart phone, citizens band | ||||||
| 15 | radio, or music player) for a purpose that is not | ||||||
| 16 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
| 17 | Carrier Safety Regulations. | ||||||
| 18 | (32.3) Third party skills test examiner. "Third party | ||||||
| 19 | skills test examiner" means a person employed by a third party | ||||||
| 20 | tester who is authorized by the State to administer the CDL | ||||||
| 21 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
| 22 | (32.5) Third party tester. "Third party tester" means a | ||||||
| 23 | person (including, but not limited to, another state, a motor | ||||||
| 24 | carrier, a private driver training facility or other private | ||||||
| 25 | institution, or a department, agency, or instrumentality of a | ||||||
| 26 | local government) authorized by the State to employ skills | ||||||
| |||||||
| |||||||
| 1 | test examiners to administer the CDL skills tests specified in | ||||||
| 2 | 49 C.F.R. Part 383, subparts G and H. | ||||||
| 3 | (32.7) United States. "United States" means the 50 states | ||||||
| 4 | and the District of Columbia. | ||||||
| 5 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
| 6 | mobile telephone" means: | ||||||
| 7 | (1) using at least one hand to hold a mobile telephone | ||||||
| 8 | to conduct a voice communication; | ||||||
| 9 | (2) dialing or answering a mobile telephone by | ||||||
| 10 | pressing more than a single button; or | ||||||
| 11 | (3) reaching for a mobile telephone in a manner that | ||||||
| 12 | requires a driver to maneuver so that he or she is no | ||||||
| 13 | longer in a seated driving position, restrained by a seat | ||||||
| 14 | belt that is installed in accordance with 49 CFR 393.93 | ||||||
| 15 | and adjusted in accordance with the vehicle manufacturer's | ||||||
| 16 | instructions. | ||||||
| 17 | (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23; | ||||||
| 18 | 103-179, eff. 6-30-23.) | ||||||
| 19 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601) | ||||||
| 20 | Sec. 6-601. Penalties. | ||||||
| 21 | (a) It is a petty offense for any person to violate any of | ||||||
| 22 | the provisions of this Chapter unless such violation is by | ||||||
| 23 | this Code or other law of this State declared to be a | ||||||
| 24 | misdemeanor or a felony. | ||||||
| 25 | (b) General penalties. Unless another penalty is in this | ||||||
| |||||||
| |||||||
| 1 | Code or other laws of this State, every person convicted of a | ||||||
| 2 | petty offense for the violation of any provision of this | ||||||
| 3 | Chapter shall be punished by a fine of not more than $500. | ||||||
| 4 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
| 5 | violation of Section 6-101 shall be: | ||||||
| 6 | 1. A Class A misdemeanor if the person failed to | ||||||
| 7 | obtain a driver's license or permit after expiration of a | ||||||
| 8 | period of revocation. | ||||||
| 9 | 2. A Class B misdemeanor if the person has been issued | ||||||
| 10 | a driver's license or permit, which has expired, and if | ||||||
| 11 | the period of expiration is greater than one year; or if | ||||||
| 12 | the person has never been issued a driver's license or | ||||||
| 13 | permit, or is not qualified to obtain a driver's license | ||||||
| 14 | or permit because of his age. | ||||||
| 15 | 3. A petty offense if the person has been issued a | ||||||
| 16 | temporary visitor's driver's license or permit and is | ||||||
| 17 | unable to provide proof of liability insurance as provided | ||||||
| 18 | in subsection (d-5) of Section 6-105.1. | ||||||
| 19 | If a licensee under this Code is convicted of violating | ||||||
| 20 | Section 6-303 for operating a motor vehicle during a time when | ||||||
| 21 | such licensee's driver's license was suspended under the | ||||||
| 22 | provisions of Section 6-306.3 or 6-308, then such act shall be | ||||||
| 23 | a petty offense (provided the licensee has answered the charge | ||||||
| 24 | which was the basis of the suspension under Section 6-306.3 or | ||||||
| 25 | 6-308), and there shall be imposed no additional like period | ||||||
| 26 | of suspension as provided in paragraph (b) of Section 6-303. | ||||||
| |||||||
| |||||||
| 1 | (d) For violations of this Code or a similar provision of a | ||||||
| 2 | local ordinance for which a violation is a petty offense as | ||||||
| 3 | defined by Section 5-1-17 of the Unified Code of Corrections, | ||||||
| 4 | excluding business offenses as defined by Section 5-1-2 of the | ||||||
| 5 | Unified Code of Corrections or a violation of Section 15-111 | ||||||
| 6 | or subsection (d) of Section 3-401 of this Code, if the | ||||||
| 7 | violation may be satisfied without a court appearance, the | ||||||
| 8 | violator may, pursuant to Supreme Court Rule, satisfy the case | ||||||
| 9 | with a written plea of guilty and payment of fines, penalties, | ||||||
| 10 | and costs equal to the bail amount as established by the | ||||||
| 11 | Supreme Court for the offense. | ||||||
| 12 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 13 | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103) | ||||||
| 14 | Sec. 16-103. Arrest outside county where violation | ||||||
| 15 | committed. | ||||||
| 16 | Whenever a defendant is arrested upon a warrant charging a | ||||||
| 17 | violation of this Act in a county other than that in which such | ||||||
| 18 | warrant was issued, the arresting officer, immediately upon | ||||||
| 19 | the request of the defendant, shall take such defendant before | ||||||
| 20 | a circuit judge or associate circuit judge in the county in | ||||||
| 21 | which the arrest was made who shall admit the defendant to bail | ||||||
| 22 | pretrial release for his appearance before the court named in | ||||||
| 23 | the warrant. On taking such bail setting the conditions of | ||||||
| 24 | pretrial release, the circuit judge or associate circuit judge | ||||||
| 25 | shall certify such fact on the warrant and deliver the warrant | ||||||
| |||||||
| |||||||
| 1 | and undertaking of bail or other security conditions of | ||||||
| 2 | pretrial release, or the driver's drivers license of such | ||||||
| 3 | defendant if deposited, under the law relating to such | ||||||
| 4 | licenses, in lieu of such security, to the officer having | ||||||
| 5 | charge of the defendant. Such officer shall then immediately | ||||||
| 6 | discharge the defendant from arrest and without delay deliver | ||||||
| 7 | such warrant and such undertaking of bail, or other security | ||||||
| 8 | acknowledgment by the defendant of his or her receiving the | ||||||
| 9 | conditions of pretrial release or driver's drivers license to | ||||||
| 10 | the court before which the defendant is required to appear. | ||||||
| 11 | (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.) | ||||||
| 12 | Section 195. The Illinois Vehicle Code is amended by | ||||||
| 13 | changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8, | ||||||
| 14 | 11-208.9, and 11-1201.1 as follows: | ||||||
| 15 | (625 ILCS 5/6-209.1) | ||||||
| 16 | Sec. 6-209.1. Restoration of driving privileges; | ||||||
| 17 | revocation; suspension; cancellation. | ||||||
| 18 | (a) The Secretary shall rescind the suspension or | ||||||
| 19 | cancellation of a person's driver's license that has been | ||||||
| 20 | suspended or canceled before July 1, 2020 (the effective date | ||||||
| 21 | of Public Act 101-623) due to: | ||||||
| 22 | (1) the person being convicted of theft of motor fuel | ||||||
| 23 | under Section 16-25 or 16K-15 of the Criminal Code of 1961 | ||||||
| 24 | or the Criminal Code of 2012; | ||||||
| |||||||
| |||||||
| 1 | (2) the person, since the issuance of the driver's | ||||||
| 2 | license, being adjudged to be afflicted with or suffering | ||||||
| 3 | from any mental disability or disease; | ||||||
| 4 | (3) a violation of Section 6-16 of the Liquor Control | ||||||
| 5 | Act of 1934 or a similar provision of a local ordinance; | ||||||
| 6 | (4) the person being convicted of a violation of | ||||||
| 7 | Section 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
| 8 | provision of a local ordinance, if the person presents a | ||||||
| 9 | certified copy of a court order that includes a finding | ||||||
| 10 | that the person was not an occupant of a motor vehicle at | ||||||
| 11 | the time of the violation; | ||||||
| 12 | (5) the person receiving a disposition of court | ||||||
| 13 | supervision for a violation of subsection (a), (d), or (e) | ||||||
| 14 | of Section 6-20 of the Liquor Control Act of 1934 or a | ||||||
| 15 | similar provision of a local ordinance, if the person | ||||||
| 16 | presents a certified copy of a court order that includes a | ||||||
| 17 | finding that the person was not an occupant of a motor | ||||||
| 18 | vehicle at the time of the violation; | ||||||
| 19 | (6) the person failing to pay any fine or penalty due | ||||||
| 20 | or owing as a result of 10 or more violations of a | ||||||
| 21 | municipality's or county's vehicular standing, parking, or | ||||||
| 22 | compliance regulations established by ordinance under | ||||||
| 23 | Section 11-208.3 of this Code; | ||||||
| 24 | (7) the person failing to satisfy any fine or penalty | ||||||
| 25 | resulting from a final order issued by the Illinois State | ||||||
| 26 | Toll Highway Authority relating directly or indirectly to | ||||||
| |||||||
| |||||||
| 1 | 5 or more toll violations, toll evasions, or both; | ||||||
| 2 | (8) the person being convicted of a violation of | ||||||
| 3 | Section 4-102 of this Code, if the person presents a | ||||||
| 4 | certified copy of a court order that includes a finding | ||||||
| 5 | that the person did not exercise actual physical control | ||||||
| 6 | of the vehicle at the time of the violation; or | ||||||
| 7 | (9) the person being convicted of criminal trespass to | ||||||
| 8 | vehicles under Section 21-2 of the Criminal Code of 2012, | ||||||
| 9 | if the person presents a certified copy of a court order | ||||||
| 10 | that includes a finding that the person did not exercise | ||||||
| 11 | actual physical control of the vehicle at the time of the | ||||||
| 12 | violation. | ||||||
| 13 | (b) As soon as practicable and no later than July 1, 2021, | ||||||
| 14 | the Secretary shall rescind the suspension, cancellation, or | ||||||
| 15 | prohibition of renewal of a person's driver's license that has | ||||||
| 16 | been suspended, canceled, or whose renewal has been prohibited | ||||||
| 17 | before July 1, 2021 (the effective date of Public Act 101-652) | ||||||
| 18 | due to the person having failed to pay any fine or penalty for | ||||||
| 19 | traffic violations, automated traffic law enforcement system | ||||||
| 20 | violations as defined in Sections 11-208.6, 11-208.8, | ||||||
| 21 | 11-208.9, and 11-1201.1, or abandoned vehicle fees. | ||||||
| 22 | (Source: P.A. 104-417, eff. 8-15-25.) | ||||||
| 23 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3) | ||||||
| 24 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
| 25 | of traffic regulations concerning the standing, parking, or | ||||||
| |||||||
| |||||||
| 1 | condition of vehicles, automated traffic law violations, and | ||||||
| 2 | automated speed enforcement system violations. | ||||||
| 3 | (a) Any municipality or county may provide by ordinance | ||||||
| 4 | for a system of administrative adjudication of vehicular | ||||||
| 5 | standing and parking violations and vehicle compliance | ||||||
| 6 | violations as described in this subsection, automated traffic | ||||||
| 7 | law violations as defined in Section 11-208.6, 11-208.9, or | ||||||
| 8 | 11-1201.1, and automated speed enforcement system violations | ||||||
| 9 | as defined in Section 11-208.8. The administrative system | ||||||
| 10 | shall have as its purpose the fair and efficient enforcement | ||||||
| 11 | of municipal or county regulations through the administrative | ||||||
| 12 | adjudication of automated speed enforcement system or | ||||||
| 13 | automated traffic law violations and violations of municipal | ||||||
| 14 | or county ordinances regulating the standing and parking of | ||||||
| 15 | vehicles, the condition and use of vehicle equipment, and the | ||||||
| 16 | display of municipal or county wheel tax licenses within the | ||||||
| 17 | municipality's or county's borders. The administrative system | ||||||
| 18 | shall only have authority to adjudicate civil offenses | ||||||
| 19 | carrying fines not in excess of $500 or requiring the | ||||||
| 20 | completion of a traffic education program, or both, that occur | ||||||
| 21 | after the effective date of the ordinance adopting such a | ||||||
| 22 | system under this Section. For purposes of this Section, | ||||||
| 23 | "compliance violation" means a violation of a municipal or | ||||||
| 24 | county regulation governing the condition or use of equipment | ||||||
| 25 | on a vehicle or governing the display of a municipal or county | ||||||
| 26 | wheel tax license. | ||||||
| |||||||
| |||||||
| 1 | (b) Any ordinance establishing a system of administrative | ||||||
| 2 | adjudication under this Section shall provide for: | ||||||
| 3 | (1) A traffic compliance administrator authorized to | ||||||
| 4 | adopt, distribute, and process parking, compliance, and | ||||||
| 5 | automated speed enforcement system or automated traffic | ||||||
| 6 | law violation notices and other notices required by this | ||||||
| 7 | Section, collect money paid as fines and penalties for | ||||||
| 8 | violation of parking and compliance ordinances and | ||||||
| 9 | automated speed enforcement system or automated traffic | ||||||
| 10 | law violations, and operate an administrative adjudication | ||||||
| 11 | system. The traffic compliance administrator also may make | ||||||
| 12 | a certified report to the Secretary of State under Section | ||||||
| 13 | 6-306.5-1. | ||||||
| 14 | (2) A parking, standing, compliance, automated speed | ||||||
| 15 | enforcement system, or automated traffic law violation | ||||||
| 16 | notice that shall specify or include the date, time, and | ||||||
| 17 | place of violation of a parking, standing, compliance, | ||||||
| 18 | automated speed enforcement system, or automated traffic | ||||||
| 19 | law regulation; the particular regulation violated; any | ||||||
| 20 | requirement to complete a traffic education program; the | ||||||
| 21 | fine and any penalty that may be assessed for late payment | ||||||
| 22 | or failure to complete a required traffic education | ||||||
| 23 | program, or both, when so provided by ordinance; the | ||||||
| 24 | vehicle make or a photograph of the vehicle; the state | ||||||
| 25 | registration number of the vehicle; and the identification | ||||||
| 26 | number of the person issuing the notice. With regard to | ||||||
| |||||||
| |||||||
| 1 | automated speed enforcement system or automated traffic | ||||||
| 2 | law violations, vehicle make shall be specified on the | ||||||
| 3 | automated speed enforcement system or automated traffic | ||||||
| 4 | law violation notice if the notice does not include a | ||||||
| 5 | photograph of the vehicle and the make is available and | ||||||
| 6 | readily discernible. With regard to municipalities or | ||||||
| 7 | counties with a population of 1 million or more, it shall | ||||||
| 8 | be grounds for dismissal of a parking violation if the | ||||||
| 9 | state registration number or vehicle make specified is | ||||||
| 10 | incorrect. The violation notice shall state that the | ||||||
| 11 | completion of any required traffic education program, the | ||||||
| 12 | payment of any indicated fine, and the payment of any | ||||||
| 13 | applicable penalty for late payment or failure to complete | ||||||
| 14 | a required traffic education program, or both, shall | ||||||
| 15 | operate as a final disposition of the violation. The | ||||||
| 16 | notice also shall contain information as to the | ||||||
| 17 | availability of a hearing in which the violation may be | ||||||
| 18 | contested on its merits. The violation notice shall | ||||||
| 19 | specify the time and manner in which a hearing may be had. | ||||||
| 20 | (3) Service of a parking, standing, or compliance | ||||||
| 21 | violation notice by: (i) affixing the original or a | ||||||
| 22 | facsimile of the notice to an unlawfully parked or | ||||||
| 23 | standing vehicle; (ii) handing the notice to the operator | ||||||
| 24 | of a vehicle if he or she is present; or (iii) mailing the | ||||||
| 25 | notice to the address of the registered owner or lessee of | ||||||
| 26 | the cited vehicle as recorded with the Secretary of State | ||||||
| |||||||
| |||||||
| 1 | or the lessor of the motor vehicle within 30 days after the | ||||||
| 2 | Secretary of State or the lessor of the motor vehicle | ||||||
| 3 | notifies the municipality or county of the identity of the | ||||||
| 4 | owner or lessee of the vehicle, but not later than 90 days | ||||||
| 5 | after the date of the violation, except that in the case of | ||||||
| 6 | a lessee of a motor vehicle, service of a parking, | ||||||
| 7 | standing, or compliance violation notice may occur no | ||||||
| 8 | later than 210 days after the violation; and service of an | ||||||
| 9 | automated speed enforcement system or automated traffic | ||||||
| 10 | law violation notice by mail to the address of the | ||||||
| 11 | registered owner or lessee of the cited vehicle as | ||||||
| 12 | recorded with the Secretary of State or the lessor of the | ||||||
| 13 | motor vehicle within 30 days after the Secretary of State | ||||||
| 14 | or the lessor of the motor vehicle notifies the | ||||||
| 15 | municipality or county of the identity of the owner or | ||||||
| 16 | lessee of the vehicle, but not later than 90 days after the | ||||||
| 17 | violation, except that in the case of a lessee of a motor | ||||||
| 18 | vehicle, service of an automated traffic law violation | ||||||
| 19 | notice may occur no later than 210 days after the | ||||||
| 20 | violation. A person authorized by ordinance to issue and | ||||||
| 21 | serve parking, standing, and compliance violation notices | ||||||
| 22 | shall certify as to the correctness of the facts entered | ||||||
| 23 | on the violation notice by signing his or her name to the | ||||||
| 24 | notice at the time of service or, in the case of a notice | ||||||
| 25 | produced by a computerized device, by signing a single | ||||||
| 26 | certificate to be kept by the traffic compliance | ||||||
| |||||||
| |||||||
| 1 | administrator attesting to the correctness of all notices | ||||||
| 2 | produced by the device while it was under his or her | ||||||
| 3 | control. In the case of an automated traffic law | ||||||
| 4 | violation, the ordinance shall require a determination by | ||||||
| 5 | a technician employed or contracted by the municipality or | ||||||
| 6 | county that, based on inspection of recorded images, the | ||||||
| 7 | motor vehicle was being operated in violation of Section | ||||||
| 8 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If | ||||||
| 9 | the technician determines that the vehicle entered the | ||||||
| 10 | intersection as part of a funeral procession or in order | ||||||
| 11 | to yield the right-of-way to an emergency vehicle, a | ||||||
| 12 | citation shall not be issued. In municipalities with a | ||||||
| 13 | population of less than 1,000,000 inhabitants and counties | ||||||
| 14 | with a population of less than 3,000,000 inhabitants, the | ||||||
| 15 | automated traffic law ordinance shall require that all | ||||||
| 16 | determinations by a technician that a motor vehicle was | ||||||
| 17 | being operated in violation of Section 11-208.6, 11-208.9, | ||||||
| 18 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
| 19 | approved by a law enforcement officer or retired law | ||||||
| 20 | enforcement officer of the municipality or county issuing | ||||||
| 21 | the violation. In municipalities with a population of | ||||||
| 22 | 1,000,000 or more inhabitants and counties with a | ||||||
| 23 | population of 3,000,000 or more inhabitants, the automated | ||||||
| 24 | traffic law ordinance shall require that all | ||||||
| 25 | determinations by a technician that a motor vehicle was | ||||||
| 26 | being operated in violation of Section 11-208.6, 11-208.9, | ||||||
| |||||||
| |||||||
| 1 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
| 2 | approved by a law enforcement officer or retired law | ||||||
| 3 | enforcement officer of the municipality or county issuing | ||||||
| 4 | the violation or by an additional fully trained reviewing | ||||||
| 5 | technician who is not employed by the contractor who | ||||||
| 6 | employs the technician who made the initial determination. | ||||||
| 7 | In the case of an automated speed enforcement system | ||||||
| 8 | violation, the ordinance shall require a determination by | ||||||
| 9 | a technician employed by the municipality, based upon an | ||||||
| 10 | inspection of recorded images, video or other | ||||||
| 11 | documentation, including documentation of the speed limit | ||||||
| 12 | and automated speed enforcement signage, and documentation | ||||||
| 13 | of the inspection, calibration, and certification of the | ||||||
| 14 | speed equipment, that the vehicle was being operated in | ||||||
| 15 | violation of Article VI of Chapter 11 of this Code or a | ||||||
| 16 | similar local ordinance. If the technician determines that | ||||||
| 17 | the vehicle speed was not determined by a calibrated, | ||||||
| 18 | certified speed equipment device based upon the speed | ||||||
| 19 | equipment documentation, or if the vehicle was an | ||||||
| 20 | emergency vehicle, a citation may not be issued. The | ||||||
| 21 | automated speed enforcement ordinance shall require that | ||||||
| 22 | all determinations by a technician that a violation | ||||||
| 23 | occurred be reviewed and approved by a law enforcement | ||||||
| 24 | officer or retired law enforcement officer of the | ||||||
| 25 | municipality issuing the violation or by an additional | ||||||
| 26 | fully trained reviewing technician who is not employed by | ||||||
| |||||||
| |||||||
| 1 | the contractor who employs the technician who made the | ||||||
| 2 | initial determination. Routine and independent calibration | ||||||
| 3 | of the speeds produced by automated speed enforcement | ||||||
| 4 | systems and equipment shall be conducted annually by a | ||||||
| 5 | qualified technician. Speeds produced by an automated | ||||||
| 6 | speed enforcement system shall be compared with speeds | ||||||
| 7 | produced by lidar or other independent equipment. Radar or | ||||||
| 8 | lidar equipment shall undergo an internal validation test | ||||||
| 9 | no less frequently than once each week. Qualified | ||||||
| 10 | technicians shall test loop-based equipment no less | ||||||
| 11 | frequently than once a year. Radar equipment shall be | ||||||
| 12 | checked for accuracy by a qualified technician when the | ||||||
| 13 | unit is serviced, when unusual or suspect readings | ||||||
| 14 | persist, or when deemed necessary by a reviewing | ||||||
| 15 | technician. Radar equipment shall be checked with the | ||||||
| 16 | internal frequency generator and the internal circuit test | ||||||
| 17 | whenever the radar is turned on. Technicians must be alert | ||||||
| 18 | for any unusual or suspect readings, and if unusual or | ||||||
| 19 | suspect readings of a radar unit persist, that unit shall | ||||||
| 20 | immediately be removed from service and not returned to | ||||||
| 21 | service until it has been checked by a qualified | ||||||
| 22 | technician and determined to be functioning properly. | ||||||
| 23 | Documentation of the annual calibration results, including | ||||||
| 24 | the equipment tested, test date, technician performing the | ||||||
| 25 | test, and test results, shall be maintained and available | ||||||
| 26 | for use in the determination of an automated speed | ||||||
| |||||||
| |||||||
| 1 | enforcement system violation and issuance of a citation. | ||||||
| 2 | The technician performing the calibration and testing of | ||||||
| 3 | the automated speed enforcement equipment shall be trained | ||||||
| 4 | and certified in the use of equipment for speed | ||||||
| 5 | enforcement purposes. Training on the speed enforcement | ||||||
| 6 | equipment may be conducted by law enforcement, civilian, | ||||||
| 7 | or manufacturer's personnel and if applicable may be | ||||||
| 8 | equivalent to the equipment use and operations training | ||||||
| 9 | included in the Speed Measuring Device Operator Program | ||||||
| 10 | developed by the National Highway Traffic Safety | ||||||
| 11 | Administration (NHTSA). The vendor or technician who | ||||||
| 12 | performs the work shall keep accurate records on each | ||||||
| 13 | piece of equipment the technician calibrates and tests. As | ||||||
| 14 | used in this paragraph, "fully trained reviewing | ||||||
| 15 | technician" means a person who has received at least 40 | ||||||
| 16 | hours of supervised training in subjects which shall | ||||||
| 17 | include image inspection and interpretation, the elements | ||||||
| 18 | necessary to prove a violation, license plate | ||||||
| 19 | identification, and traffic safety and management. In all | ||||||
| 20 | municipalities and counties, the automated speed | ||||||
| 21 | enforcement system or automated traffic law ordinance | ||||||
| 22 | shall require that no additional fee shall be charged to | ||||||
| 23 | the alleged violator for exercising his or her right to an | ||||||
| 24 | administrative hearing, and persons shall be given at | ||||||
| 25 | least 25 days following an administrative hearing to pay | ||||||
| 26 | any civil penalty imposed by a finding that Section | ||||||
| |||||||
| |||||||
| 1 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
| 2 | local ordinance has been violated. The original or a | ||||||
| 3 | facsimile of the violation notice or, in the case of a | ||||||
| 4 | notice produced by a computerized device, a printed record | ||||||
| 5 | generated by the device showing the facts entered on the | ||||||
| 6 | notice, shall be retained by the traffic compliance | ||||||
| 7 | administrator, and shall be a record kept in the ordinary | ||||||
| 8 | course of business. A parking, standing, compliance, | ||||||
| 9 | automated speed enforcement system, or automated traffic | ||||||
| 10 | law violation notice issued, signed, and served in | ||||||
| 11 | accordance with this Section, a copy of the notice, or the | ||||||
| 12 | computer-generated record shall be prima facie correct and | ||||||
| 13 | shall be prima facie evidence of the correctness of the | ||||||
| 14 | facts shown on the notice. The notice, copy, or | ||||||
| 15 | computer-generated record shall be admissible in any | ||||||
| 16 | subsequent administrative or legal proceedings. | ||||||
| 17 | (4) An opportunity for a hearing for the registered | ||||||
| 18 | owner of the vehicle cited in the parking, standing, | ||||||
| 19 | compliance, automated speed enforcement system, or | ||||||
| 20 | automated traffic law violation notice in which the owner | ||||||
| 21 | may contest the merits of the alleged violation, and | ||||||
| 22 | during which formal or technical rules of evidence shall | ||||||
| 23 | not apply; provided, however, that under Section 11-1306 | ||||||
| 24 | of this Code the lessee of a vehicle cited in the violation | ||||||
| 25 | notice likewise shall be provided an opportunity for a | ||||||
| 26 | hearing of the same kind afforded the registered owner. | ||||||
| |||||||
| |||||||
| 1 | The hearings shall be recorded, and the person conducting | ||||||
| 2 | the hearing on behalf of the traffic compliance | ||||||
| 3 | administrator shall be empowered to administer oaths and | ||||||
| 4 | to secure by subpoena both the attendance and testimony of | ||||||
| 5 | witnesses and the production of relevant books and papers. | ||||||
| 6 | Persons appearing at a hearing under this Section may be | ||||||
| 7 | represented by counsel at their expense. The ordinance may | ||||||
| 8 | also provide for internal administrative review following | ||||||
| 9 | the decision of the hearing officer. | ||||||
| 10 | (5) Service of additional notices, sent by first class | ||||||
| 11 | United States mail, postage prepaid, to the address of the | ||||||
| 12 | registered owner of the cited vehicle as recorded with the | ||||||
| 13 | Secretary of State or, if any notice to that address is | ||||||
| 14 | returned as undeliverable, to the last known address | ||||||
| 15 | recorded in a United States Post Office approved database, | ||||||
| 16 | or, under Section 11-1306 or subsection (p) of Section | ||||||
| 17 | 11-208.6 or 11-208.9, or subsection (p) of Section | ||||||
| 18 | 11-208.8 of this Code, to the lessee of the cited vehicle | ||||||
| 19 | at the last address known to the lessor of the cited | ||||||
| 20 | vehicle at the time of lease or, if any notice to that | ||||||
| 21 | address is returned as undeliverable, to the last known | ||||||
| 22 | address recorded in a United States Post Office approved | ||||||
| 23 | database. The service shall be deemed complete as of the | ||||||
| 24 | date of deposit in the United States mail. The notices | ||||||
| 25 | shall be in the following sequence and shall include, but | ||||||
| 26 | not be limited to, the information specified herein: | ||||||
| |||||||
| |||||||
| 1 | (i) A second notice of parking, standing, or | ||||||
| 2 | compliance violation if the first notice of the | ||||||
| 3 | violation was issued by affixing the original or a | ||||||
| 4 | facsimile of the notice to the unlawfully parked | ||||||
| 5 | vehicle or by handing the notice to the operator. This | ||||||
| 6 | notice shall specify or include the date and location | ||||||
| 7 | of the violation cited in the parking, standing, or | ||||||
| 8 | compliance violation notice, the particular regulation | ||||||
| 9 | violated, the vehicle make or a photograph of the | ||||||
| 10 | vehicle, the state registration number of the vehicle, | ||||||
| 11 | any requirement to complete a traffic education | ||||||
| 12 | program, the fine and any penalty that may be assessed | ||||||
| 13 | for late payment or failure to complete a traffic | ||||||
| 14 | education program, or both, when so provided by | ||||||
| 15 | ordinance, the availability of a hearing in which the | ||||||
| 16 | violation may be contested on its merits, and the time | ||||||
| 17 | and manner in which the hearing may be had. The notice | ||||||
| 18 | of violation shall also state that failure to complete | ||||||
| 19 | a required traffic education program, to pay the | ||||||
| 20 | indicated fine and any applicable penalty, or to | ||||||
| 21 | appear at a hearing on the merits in the time and | ||||||
| 22 | manner specified, will result in a final determination | ||||||
| 23 | of violation liability for the cited violation in the | ||||||
| 24 | amount of the fine or penalty indicated, and that, | ||||||
| 25 | upon the occurrence of a final determination of | ||||||
| 26 | violation liability for the failure, and the | ||||||
| |||||||
| |||||||
| 1 | exhaustion of, or failure to exhaust, available | ||||||
| 2 | administrative or judicial procedures for review, any | ||||||
| 3 | incomplete traffic education program or any unpaid | ||||||
| 4 | fine or penalty, or both, will constitute a debt due | ||||||
| 5 | and owing the municipality or county. | ||||||
| 6 | (ii) A notice of final determination of parking, | ||||||
| 7 | standing, compliance, automated speed enforcement | ||||||
| 8 | system, or automated traffic law violation liability. | ||||||
| 9 | This notice shall be sent following a final | ||||||
| 10 | determination of parking, standing, compliance, | ||||||
| 11 | automated speed enforcement system, or automated | ||||||
| 12 | traffic law violation liability and the conclusion of | ||||||
| 13 | judicial review procedures taken under this Section. | ||||||
| 14 | The notice shall state that the incomplete traffic | ||||||
| 15 | education program or the unpaid fine or penalty, or | ||||||
| 16 | both, is a debt due and owing the municipality or | ||||||
| 17 | county. The notice shall contain warnings that failure | ||||||
| 18 | to complete any required traffic education program or | ||||||
| 19 | to pay any fine or penalty due and owing the | ||||||
| 20 | municipality or county, or both, within the time | ||||||
| 21 | specified may result in the municipality's or county's | ||||||
| 22 | filing of a petition in the Circuit Court to have the | ||||||
| 23 | incomplete traffic education program or unpaid fine or | ||||||
| 24 | penalty, or both, rendered a judgment as provided by | ||||||
| 25 | this Section, or, where applicable, may result in | ||||||
| 26 | suspension of the person's driver's license for | ||||||
| |||||||
| |||||||
| 1 | failure to complete a traffic education program or to | ||||||
| 2 | pay fines or penalties, or both, for 5 or more | ||||||
| 3 | automated traffic law violations under Section | ||||||
| 4 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
| 5 | system violations under Section 11-208.8. | ||||||
| 6 | (6) A notice of impending driver's license suspension. | ||||||
| 7 | This notice shall be sent to the person liable for failure | ||||||
| 8 | to complete a required traffic education program or to pay | ||||||
| 9 | any fine or penalty that remains due and owing, or both, on | ||||||
| 10 | 5 or more unpaid automated speed enforcement system or | ||||||
| 11 | automated traffic law violations. The notice shall state | ||||||
| 12 | that failure to complete a required traffic education | ||||||
| 13 | program or to pay the fine or penalty owing, or both, | ||||||
| 14 | within 45 days of the notice's date will result in the | ||||||
| 15 | municipality or county notifying the Secretary of State | ||||||
| 16 | that the person is eligible for initiation of suspension | ||||||
| 17 | proceedings under Section 6-306.5-1 6-306.5 of this Code. | ||||||
| 18 | The notice shall also state that the person may obtain a | ||||||
| 19 | photostatic copy of an original ticket imposing a fine or | ||||||
| 20 | penalty by sending a self-addressed, stamped envelope to | ||||||
| 21 | the municipality or county along with a request for the | ||||||
| 22 | photostatic copy. The notice of impending driver's license | ||||||
| 23 | suspension shall be sent by first class United States | ||||||
| 24 | mail, postage prepaid, to the address recorded with the | ||||||
| 25 | Secretary of State or, if any notice to that address is | ||||||
| 26 | returned as undeliverable, to the last known address | ||||||
| |||||||
| |||||||
| 1 | recorded in a United States Post Office approved database. | ||||||
| 2 | (7) Final determinations of violation liability. A | ||||||
| 3 | final determination of violation liability shall occur | ||||||
| 4 | following failure to complete the required traffic | ||||||
| 5 | education program or to pay the fine or penalty, or both, | ||||||
| 6 | after a hearing officer's determination of violation | ||||||
| 7 | liability and the exhaustion of or failure to exhaust any | ||||||
| 8 | administrative review procedures provided by ordinance. | ||||||
| 9 | Where a person fails to appear at a hearing to contest the | ||||||
| 10 | alleged violation in the time and manner specified in a | ||||||
| 11 | prior mailed notice, the hearing officer's determination | ||||||
| 12 | of violation liability shall become final: (A) upon denial | ||||||
| 13 | of a timely petition to set aside that determination, or | ||||||
| 14 | (B) upon expiration of the period for filing the petition | ||||||
| 15 | without a filing having been made. | ||||||
| 16 | (8) A petition to set aside a determination of | ||||||
| 17 | parking, standing, compliance, automated speed enforcement | ||||||
| 18 | system, or automated traffic law violation liability that | ||||||
| 19 | may be filed by a person owing an unpaid fine or penalty. A | ||||||
| 20 | petition to set aside a determination of liability may | ||||||
| 21 | also be filed by a person required to complete a traffic | ||||||
| 22 | education program. The petition shall be filed with and | ||||||
| 23 | ruled upon by the traffic compliance administrator in the | ||||||
| 24 | manner and within the time specified by ordinance. The | ||||||
| 25 | grounds for the petition may be limited to: (A) the person | ||||||
| 26 | not having been the owner or lessee of the cited vehicle on | ||||||
| |||||||
| |||||||
| 1 | the date the violation notice was issued, (B) the person | ||||||
| 2 | having already completed the required traffic education | ||||||
| 3 | program or paid the fine or penalty, or both, for the | ||||||
| 4 | violation in question, and (C) excusable failure to appear | ||||||
| 5 | at or request a new date for a hearing. With regard to | ||||||
| 6 | municipalities or counties with a population of 1 million | ||||||
| 7 | or more, it shall be grounds for dismissal of a parking | ||||||
| 8 | violation if the state registration number or vehicle | ||||||
| 9 | make, only if specified in the violation notice, is | ||||||
| 10 | incorrect. After the determination of parking, standing, | ||||||
| 11 | compliance, automated speed enforcement system, or | ||||||
| 12 | automated traffic law violation liability has been set | ||||||
| 13 | aside upon a showing of just cause, the registered owner | ||||||
| 14 | shall be provided with a hearing on the merits for that | ||||||
| 15 | violation. | ||||||
| 16 | (9) Procedures for non-residents. Procedures by which | ||||||
| 17 | persons who are not residents of the municipality or | ||||||
| 18 | county may contest the merits of the alleged violation | ||||||
| 19 | without attending a hearing. | ||||||
| 20 | (10) A schedule of civil fines for violations of | ||||||
| 21 | vehicular standing, parking, compliance, automated speed | ||||||
| 22 | enforcement system, or automated traffic law regulations | ||||||
| 23 | enacted by ordinance pursuant to this Section, and a | ||||||
| 24 | schedule of penalties for late payment of the fines or | ||||||
| 25 | failure to complete required traffic education programs, | ||||||
| 26 | provided, however, that the total amount of the fine and | ||||||
| |||||||
| |||||||
| 1 | penalty for any one violation shall not exceed $250, | ||||||
| 2 | except as provided in subsection (c) of Section 11-1301.3 | ||||||
| 3 | of this Code. | ||||||
| 4 | (11) Other provisions as are necessary and proper to | ||||||
| 5 | carry into effect the powers granted and purposes stated | ||||||
| 6 | in this Section. | ||||||
| 7 | (b-5) An automated speed enforcement system or automated | ||||||
| 8 | traffic law ordinance adopted under this Section by a | ||||||
| 9 | municipality or county shall require that the determination to | ||||||
| 10 | issue a citation be vested solely with the municipality or | ||||||
| 11 | county and that such authority may not be delegated to any | ||||||
| 12 | vendor retained by the municipality or county. Any contract or | ||||||
| 13 | agreement violating such a provision in the ordinance is null | ||||||
| 14 | and void. | ||||||
| 15 | (c) Any municipality or county establishing vehicular | ||||||
| 16 | standing, parking, compliance, automated speed enforcement | ||||||
| 17 | system, or automated traffic law regulations under this | ||||||
| 18 | Section may also provide by ordinance for a program of vehicle | ||||||
| 19 | immobilization for the purpose of facilitating enforcement of | ||||||
| 20 | those regulations. The program of vehicle immobilization shall | ||||||
| 21 | provide for immobilizing any eligible vehicle upon the public | ||||||
| 22 | way by presence of a restraint in a manner to prevent operation | ||||||
| 23 | of the vehicle. Any ordinance establishing a program of | ||||||
| 24 | vehicle immobilization under this Section shall provide: | ||||||
| 25 | (1) Criteria for the designation of vehicles eligible | ||||||
| 26 | for immobilization. A vehicle shall be eligible for | ||||||
| |||||||
| |||||||
| 1 | immobilization when the registered owner of the vehicle | ||||||
| 2 | has accumulated the number of incomplete traffic education | ||||||
| 3 | programs or unpaid final determinations of parking, | ||||||
| 4 | standing, compliance, automated speed enforcement system, | ||||||
| 5 | or automated traffic law violation liability, or both, as | ||||||
| 6 | determined by ordinance. | ||||||
| 7 | (2) A notice of impending vehicle immobilization and a | ||||||
| 8 | right to a hearing to challenge the validity of the notice | ||||||
| 9 | by disproving liability for the incomplete traffic | ||||||
| 10 | education programs or unpaid final determinations of | ||||||
| 11 | parking, standing, compliance, automated speed enforcement | ||||||
| 12 | system, or automated traffic law violation liability, or | ||||||
| 13 | both, listed on the notice. | ||||||
| 14 | (3) The right to a prompt hearing after a vehicle has | ||||||
| 15 | been immobilized or subsequently towed without the | ||||||
| 16 | completion of the required traffic education program or | ||||||
| 17 | payment of the outstanding fines and penalties on parking, | ||||||
| 18 | standing, compliance, automated speed enforcement system, | ||||||
| 19 | or automated traffic law violations, or both, for which | ||||||
| 20 | final determinations have been issued. An order issued | ||||||
| 21 | after the hearing is a final administrative decision | ||||||
| 22 | within the meaning of Section 3-101 of the Code of Civil | ||||||
| 23 | Procedure. | ||||||
| 24 | (4) A post immobilization and post-towing notice | ||||||
| 25 | advising the registered owner of the vehicle of the right | ||||||
| 26 | to a hearing to challenge the validity of the impoundment. | ||||||
| |||||||
| |||||||
| 1 | (d) Judicial review of final determinations of parking, | ||||||
| 2 | standing, compliance, automated speed enforcement system, or | ||||||
| 3 | automated traffic law violations and final administrative | ||||||
| 4 | decisions issued after hearings regarding vehicle | ||||||
| 5 | immobilization and impoundment made under this Section shall | ||||||
| 6 | be subject to the provisions of the Administrative Review Law. | ||||||
| 7 | (e) Any fine, penalty, incomplete traffic education | ||||||
| 8 | program, or part of any fine or any penalty remaining unpaid | ||||||
| 9 | after the exhaustion of, or the failure to exhaust, | ||||||
| 10 | administrative remedies created under this Section and the | ||||||
| 11 | conclusion of any judicial review procedures shall be a debt | ||||||
| 12 | due and owing the municipality or county and, as such, may be | ||||||
| 13 | collected in accordance with applicable law. Completion of any | ||||||
| 14 | required traffic education program and payment in full of any | ||||||
| 15 | fine or penalty resulting from a standing, parking, | ||||||
| 16 | compliance, automated speed enforcement system, or automated | ||||||
| 17 | traffic law violation shall constitute a final disposition of | ||||||
| 18 | that violation. | ||||||
| 19 | (f) After the expiration of the period within which | ||||||
| 20 | judicial review may be sought for a final determination of | ||||||
| 21 | parking, standing, compliance, automated speed enforcement | ||||||
| 22 | system, or automated traffic law violation, the municipality | ||||||
| 23 | or county may commence a proceeding in the Circuit Court for | ||||||
| 24 | purposes of obtaining a judgment on the final determination of | ||||||
| 25 | violation. Nothing in this Section shall prevent a | ||||||
| 26 | municipality or county from consolidating multiple final | ||||||
| |||||||
| |||||||
| 1 | determinations of parking, standing, compliance, automated | ||||||
| 2 | speed enforcement system, or automated traffic law violations | ||||||
| 3 | against a person in a proceeding. Upon commencement of the | ||||||
| 4 | action, the municipality or county shall file a certified copy | ||||||
| 5 | or record of the final determination of parking, standing, | ||||||
| 6 | compliance, automated speed enforcement system, or automated | ||||||
| 7 | traffic law violation, which shall be accompanied by a | ||||||
| 8 | certification that recites facts sufficient to show that the | ||||||
| 9 | final determination of violation was issued in accordance with | ||||||
| 10 | this Section and the applicable municipal or county ordinance. | ||||||
| 11 | Service of the summons and a copy of the petition may be by any | ||||||
| 12 | method provided by Section 2-203 of the Code of Civil | ||||||
| 13 | Procedure or by certified mail, return receipt requested, | ||||||
| 14 | provided that the total amount of fines and penalties for | ||||||
| 15 | final determinations of parking, standing, compliance, | ||||||
| 16 | automated speed enforcement system, or automated traffic law | ||||||
| 17 | violations does not exceed $2500. If the court is satisfied | ||||||
| 18 | that the final determination of parking, standing, compliance, | ||||||
| 19 | automated speed enforcement system, or automated traffic law | ||||||
| 20 | violation was entered in accordance with the requirements of | ||||||
| 21 | this Section and the applicable municipal or county ordinance, | ||||||
| 22 | and that the registered owner or the lessee, as the case may | ||||||
| 23 | be, had an opportunity for an administrative hearing and for | ||||||
| 24 | judicial review as provided in this Section, the court shall | ||||||
| 25 | render judgment in favor of the municipality or county and | ||||||
| 26 | against the registered owner or the lessee for the amount | ||||||
| |||||||
| |||||||
| 1 | indicated in the final determination of parking, standing, | ||||||
| 2 | compliance, automated speed enforcement system, or automated | ||||||
| 3 | traffic law violation, plus costs. The judgment shall have the | ||||||
| 4 | same effect and may be enforced in the same manner as other | ||||||
| 5 | judgments for the recovery of money. | ||||||
| 6 | (g) The fee for participating in a traffic education | ||||||
| 7 | program under this Section shall not exceed $25. | ||||||
| 8 | A low-income individual required to complete a traffic | ||||||
| 9 | education program under this Section who provides proof of | ||||||
| 10 | eligibility for the federal earned income tax credit under | ||||||
| 11 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
| 12 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
| 13 | Act shall not be required to pay any fee for participating in a | ||||||
| 14 | required traffic education program. | ||||||
| 15 | (h) Notwithstanding any other provision of law to the | ||||||
| 16 | contrary, a person shall not be liable for violations, fees, | ||||||
| 17 | fines, or penalties under this Section during the period in | ||||||
| 18 | which the motor vehicle was stolen or hijacked, as indicated | ||||||
| 19 | in a report to the appropriate law enforcement agency filed in | ||||||
| 20 | a timely manner. | ||||||
| 21 | (Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23; | ||||||
| 22 | 103-364, eff. 7-28-23.) | ||||||
| 23 | (625 ILCS 5/11-208.6) | ||||||
| 24 | Sec. 11-208.6. Automated traffic law enforcement system. | ||||||
| 25 | (a) As used in this Section, "automated traffic law | ||||||
| |||||||
| |||||||
| 1 | enforcement system" means a device with one or more motor | ||||||
| 2 | vehicle sensors working in conjunction with a red light signal | ||||||
| 3 | to produce recorded images of motor vehicles entering an | ||||||
| 4 | intersection against a red signal indication in violation of | ||||||
| 5 | Section 11-306 of this Code or a similar provision of a local | ||||||
| 6 | ordinance. | ||||||
| 7 | An automated traffic law enforcement system is a system, | ||||||
| 8 | in a municipality or county operated by a governmental agency, | ||||||
| 9 | that produces a recorded image of a motor vehicle's violation | ||||||
| 10 | of a provision of this Code or a local ordinance and is | ||||||
| 11 | designed to obtain a clear recorded image of the vehicle and | ||||||
| 12 | the vehicle's license plate. The recorded image must also | ||||||
| 13 | display the time, date, and location of the violation. | ||||||
| 14 | (b) As used in this Section, "recorded images" means | ||||||
| 15 | images recorded by an automated traffic law enforcement system | ||||||
| 16 | on: | ||||||
| 17 | (1) 2 or more photographs; | ||||||
| 18 | (2) 2 or more microphotographs; | ||||||
| 19 | (3) 2 or more electronic images; or | ||||||
| 20 | (4) a video recording showing the motor vehicle and, | ||||||
| 21 | on at least one image or portion of the recording, clearly | ||||||
| 22 | identifying the registration plate or digital registration | ||||||
| 23 | plate number of the motor vehicle. | ||||||
| 24 | (b-5) A municipality or county that produces a recorded | ||||||
| 25 | image of a motor vehicle's violation of a provision of this | ||||||
| 26 | Code or a local ordinance must make the recorded images of a | ||||||
| |||||||
| |||||||
| 1 | violation accessible to the alleged violator by providing the | ||||||
| 2 | alleged violator with a website address, accessible through | ||||||
| 3 | the Internet. | ||||||
| 4 | (c) Except as provided under Section 11-208.8 of this | ||||||
| 5 | Code, a county or municipality, including a home rule county | ||||||
| 6 | or municipality, may not use an automated traffic law | ||||||
| 7 | enforcement system to provide recorded images of a motor | ||||||
| 8 | vehicle for the purpose of recording its speed. Except as | ||||||
| 9 | provided under Section 11-208.8 of this Code, the regulation | ||||||
| 10 | of the use of automated traffic law enforcement systems to | ||||||
| 11 | record vehicle speeds is an exclusive power and function of | ||||||
| 12 | the State. This subsection (c) is a denial and limitation of | ||||||
| 13 | home rule powers and functions under subsection (h) of Section | ||||||
| 14 | 6 of Article VII of the Illinois Constitution. | ||||||
| 15 | (c-5) A county or municipality, including a home rule | ||||||
| 16 | county or municipality, may not use an automated traffic law | ||||||
| 17 | enforcement system to issue violations in instances where the | ||||||
| 18 | motor vehicle comes to a complete stop and does not enter the | ||||||
| 19 | intersection, as defined by Section 1-132 of this Code, during | ||||||
| 20 | the cycle of the red signal indication unless one or more | ||||||
| 21 | pedestrians or bicyclists are present, even if the motor | ||||||
| 22 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
| 23 | driver is required to stop, as specified in subsection (c) of | ||||||
| 24 | Section 11-306 of this Code or a similar provision of a local | ||||||
| 25 | ordinance. | ||||||
| 26 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
| |||||||
| |||||||
| 1 | inhabitants, including a home rule county or municipality, may | ||||||
| 2 | not use an automated traffic law enforcement system to issue | ||||||
| 3 | violations in instances where a motorcyclist enters an | ||||||
| 4 | intersection against a red signal indication when the red | ||||||
| 5 | signal fails to change to a green signal within a reasonable | ||||||
| 6 | period of time not less than 120 seconds because of a signal | ||||||
| 7 | malfunction or because the signal has failed to detect the | ||||||
| 8 | arrival of the motorcycle due to the motorcycle's size or | ||||||
| 9 | weight. | ||||||
| 10 | (d) For each violation of a provision of this Code or a | ||||||
| 11 | local ordinance recorded by an automatic traffic law | ||||||
| 12 | enforcement system, the county or municipality having | ||||||
| 13 | jurisdiction shall issue a written notice of the violation to | ||||||
| 14 | the registered owner of the vehicle as the alleged violator. | ||||||
| 15 | The notice shall be delivered to the registered owner of the | ||||||
| 16 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
| 17 | notifies the municipality or county of the identity of the | ||||||
| 18 | owner of the vehicle, but in no event later than 90 days after | ||||||
| 19 | the violation. | ||||||
| 20 | The notice shall include: | ||||||
| 21 | (1) the name and address of the registered owner of | ||||||
| 22 | the vehicle; | ||||||
| 23 | (2) the registration number of the motor vehicle | ||||||
| 24 | involved in the violation; | ||||||
| 25 | (3) the violation charged; | ||||||
| 26 | (4) the location where the violation occurred; | ||||||
| |||||||
| |||||||
| 1 | (5) the date and time of the violation; | ||||||
| 2 | (6) a copy of the recorded images; | ||||||
| 3 | (7) the amount of the civil penalty imposed and the | ||||||
| 4 | requirements of any traffic education program imposed and | ||||||
| 5 | the date by which the civil penalty should be paid and the | ||||||
| 6 | traffic education program should be completed; | ||||||
| 7 | (8) a statement that recorded images are evidence of a | ||||||
| 8 | violation of a red light signal; | ||||||
| 9 | (9) a warning that failure to pay the civil penalty, | ||||||
| 10 | to complete a required traffic education program, or to | ||||||
| 11 | contest liability in a timely manner is an admission of | ||||||
| 12 | liability and may result in a suspension of the driving | ||||||
| 13 | privileges of the registered owner of the vehicle; | ||||||
| 14 | (10) a statement that the person may elect to proceed | ||||||
| 15 | by: | ||||||
| 16 | (A) paying the fine, completing a required traffic | ||||||
| 17 | education program, or both; or | ||||||
| 18 | (B) challenging the charge in court, by mail, or | ||||||
| 19 | by administrative hearing; and | ||||||
| 20 | (11) a website address, accessible through the | ||||||
| 21 | Internet, where the person may view the recorded images of | ||||||
| 22 | the violation. | ||||||
| 23 | (e) (Blank). | ||||||
| 24 | (e-1) If a person charged with a traffic violation, as a | ||||||
| 25 | result of an automated traffic law enforcement system, does | ||||||
| 26 | not pay the fine or complete a required traffic education | ||||||
| |||||||
| |||||||
| 1 | program, or both, or successfully contest the civil penalty | ||||||
| 2 | resulting from that violation, the Secretary of State shall | ||||||
| 3 | suspend the driving privileges of the registered owner of the | ||||||
| 4 | vehicle under Section 6-306.5-1 of this Code for failing to | ||||||
| 5 | complete a required traffic education program or to pay any | ||||||
| 6 | fine or penalty due and owing, or both, as a result of a | ||||||
| 7 | combination of 5 violations of the automated traffic law | ||||||
| 8 | enforcement system or the automated speed enforcement system | ||||||
| 9 | under Section 11-208.8 of this Code. | ||||||
| 10 | (f) Based on inspection of recorded images produced by an | ||||||
| 11 | automated traffic law enforcement system, a notice alleging | ||||||
| 12 | that the violation occurred shall be evidence of the facts | ||||||
| 13 | contained in the notice and admissible in any proceeding | ||||||
| 14 | alleging a violation under this Section. | ||||||
| 15 | (g) Recorded images made by an automatic traffic law | ||||||
| 16 | enforcement system are confidential and shall be made | ||||||
| 17 | available only to the alleged violator and governmental and | ||||||
| 18 | law enforcement agencies for purposes of adjudicating a | ||||||
| 19 | violation of this Section, for statistical purposes, or for | ||||||
| 20 | other governmental purposes. Any recorded image evidencing a | ||||||
| 21 | violation of this Section, however, may be admissible in any | ||||||
| 22 | proceeding resulting from the issuance of the citation. | ||||||
| 23 | (h) The court or hearing officer may consider in defense | ||||||
| 24 | of a violation: | ||||||
| 25 | (1) that the motor vehicle or registration plates or | ||||||
| 26 | digital registration plates of the motor vehicle were | ||||||
| |||||||
| |||||||
| 1 | stolen before the violation occurred and not under the | ||||||
| 2 | control of or in the possession of the owner or lessee at | ||||||
| 3 | the time of the violation; | ||||||
| 4 | (1.5) that the motor vehicle was hijacked before the | ||||||
| 5 | violation occurred and not under the control of or in the | ||||||
| 6 | possession of the owner or lessee at the time of the | ||||||
| 7 | violation; | ||||||
| 8 | (2) that the driver of the vehicle passed through the | ||||||
| 9 | intersection when the light was red either (i) in order to | ||||||
| 10 | yield the right-of-way to an emergency vehicle or (ii) as | ||||||
| 11 | part of a funeral procession; and | ||||||
| 12 | (3) any other evidence or issues provided by municipal | ||||||
| 13 | or county ordinance. | ||||||
| 14 | (i) To demonstrate that the motor vehicle was hijacked or | ||||||
| 15 | the motor vehicle or registration plates or digital | ||||||
| 16 | registration plates were stolen before the violation occurred | ||||||
| 17 | and were not under the control or possession of the owner or | ||||||
| 18 | lessee at the time of the violation, the owner or lessee must | ||||||
| 19 | submit proof that a report concerning the motor vehicle or | ||||||
| 20 | registration plates was filed with a law enforcement agency in | ||||||
| 21 | a timely manner. | ||||||
| 22 | (j) Unless the driver of the motor vehicle received a | ||||||
| 23 | Uniform Traffic Citation from a police officer at the time of | ||||||
| 24 | the violation, the motor vehicle owner is subject to a civil | ||||||
| 25 | penalty not exceeding $100 or the completion of a traffic | ||||||
| 26 | education program, or both, plus an additional penalty of not | ||||||
| |||||||
| |||||||
| 1 | more than $100 for failure to pay the original penalty or to | ||||||
| 2 | complete a required traffic education program, or both, in a | ||||||
| 3 | timely manner, if the motor vehicle is recorded by an | ||||||
| 4 | automated traffic law enforcement system. A violation for | ||||||
| 5 | which a civil penalty is imposed under this Section is not a | ||||||
| 6 | violation of a traffic regulation governing the movement of | ||||||
| 7 | vehicles and may not be recorded on the driving record of the | ||||||
| 8 | owner of the vehicle. | ||||||
| 9 | (j-3) A registered owner who is a holder of a valid | ||||||
| 10 | commercial driver's license is not required to complete a | ||||||
| 11 | traffic education program. | ||||||
| 12 | (j-5) For purposes of the required traffic education | ||||||
| 13 | program only, a registered owner may submit an affidavit to | ||||||
| 14 | the court or hearing officer swearing that at the time of the | ||||||
| 15 | alleged violation, the vehicle was in the custody and control | ||||||
| 16 | of another person. The affidavit must identify the person in | ||||||
| 17 | custody and control of the vehicle, including the person's | ||||||
| 18 | name and current address. The person in custody and control of | ||||||
| 19 | the vehicle at the time of the violation is required to | ||||||
| 20 | complete the required traffic education program. If the person | ||||||
| 21 | in custody and control of the vehicle at the time of the | ||||||
| 22 | violation completes the required traffic education program, | ||||||
| 23 | the registered owner of the vehicle is not required to | ||||||
| 24 | complete a traffic education program. | ||||||
| 25 | (k) An intersection equipped with an automated traffic law | ||||||
| 26 | enforcement system must be posted with a sign visible to | ||||||
| |||||||
| |||||||
| 1 | approaching traffic indicating that the intersection is being | ||||||
| 2 | monitored by an automated traffic law enforcement system and | ||||||
| 3 | informing drivers whether, following a stop, a right turn at | ||||||
| 4 | the intersection is permitted or prohibited. | ||||||
| 5 | (k-3) A municipality or county that has one or more | ||||||
| 6 | intersections equipped with an automated traffic law | ||||||
| 7 | enforcement system must provide notice to drivers by posting | ||||||
| 8 | the locations of automated traffic law systems on the | ||||||
| 9 | municipality or county website. | ||||||
| 10 | (k-5) An intersection equipped with an automated traffic | ||||||
| 11 | law enforcement system must have a yellow change interval that | ||||||
| 12 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
| 13 | Devices (IMUTCD) published by the Illinois Department of | ||||||
| 14 | Transportation. Beginning 6 months before it installs an | ||||||
| 15 | automated traffic law enforcement system at an intersection, a | ||||||
| 16 | county or municipality may not change the yellow change | ||||||
| 17 | interval at that intersection. | ||||||
| 18 | (k-7) A municipality or county operating an automated | ||||||
| 19 | traffic law enforcement system shall conduct a statistical | ||||||
| 20 | analysis to assess the safety impact of each automated traffic | ||||||
| 21 | law enforcement system at an intersection following | ||||||
| 22 | installation of the system and every 2 years thereafter. Each | ||||||
| 23 | statistical analysis shall be based upon the best available | ||||||
| 24 | crash, traffic, and other data, and shall cover a period of | ||||||
| 25 | time before and after installation of the system sufficient to | ||||||
| 26 | provide a statistically valid comparison of safety impact. | ||||||
| |||||||
| |||||||
| 1 | Each statistical analysis shall be consistent with | ||||||
| 2 | professional judgment and acceptable industry practice. Each | ||||||
| 3 | statistical analysis also shall be consistent with the data | ||||||
| 4 | required for valid comparisons of before and after conditions | ||||||
| 5 | and shall be conducted within a reasonable period following | ||||||
| 6 | the installation of the automated traffic law enforcement | ||||||
| 7 | system. Each statistical analysis required by this subsection | ||||||
| 8 | (k-7) shall be made available to the public and shall be | ||||||
| 9 | published on the website of the municipality or county. If a | ||||||
| 10 | statistical analysis indicates that there has been an increase | ||||||
| 11 | in the rate of crashes at the approach to the intersection | ||||||
| 12 | monitored by the system, the municipality or county shall | ||||||
| 13 | undertake additional studies to determine the cause and | ||||||
| 14 | severity of the crashes, and may take any action that it | ||||||
| 15 | determines is necessary or appropriate to reduce the number or | ||||||
| 16 | severity of the crashes at that intersection. | ||||||
| 17 | (k-8) Any municipality or county operating an automated | ||||||
| 18 | traffic law enforcement system before July 28, 2023 (the | ||||||
| 19 | effective date of Public Act 103-364) shall conduct a | ||||||
| 20 | statistical analysis to assess the safety impact of each | ||||||
| 21 | automated traffic law enforcement system at an intersection by | ||||||
| 22 | no later than one year after July 28, 2023 (the effective date | ||||||
| 23 | of Public Act 103-364) and every 2 years thereafter. The | ||||||
| 24 | statistical analyses shall be based upon the best available | ||||||
| 25 | crash, traffic, and other data, and shall cover a period of | ||||||
| 26 | time before and after installation of the system sufficient to | ||||||
| |||||||
| |||||||
| 1 | provide a statistically valid comparison of safety impact. The | ||||||
| 2 | statistical analyses shall be consistent with professional | ||||||
| 3 | judgment and acceptable industry practice. The statistical | ||||||
| 4 | analyses also shall be consistent with the data required for | ||||||
| 5 | valid comparisons of before and after conditions. The | ||||||
| 6 | statistical analyses required by this subsection shall be made | ||||||
| 7 | available to the public and shall be published on the website | ||||||
| 8 | of the municipality or county. If the statistical analysis for | ||||||
| 9 | any period following installation of the system indicates that | ||||||
| 10 | there has been an increase in the rate of accidents at the | ||||||
| 11 | approach to the intersection monitored by the system, the | ||||||
| 12 | municipality or county shall undertake additional studies to | ||||||
| 13 | determine the cause and severity of the accidents, and may | ||||||
| 14 | take any action that it determines is necessary or appropriate | ||||||
| 15 | to reduce the number or severity of the accidents at that | ||||||
| 16 | intersection. | ||||||
| 17 | (l) The compensation paid for an automated traffic law | ||||||
| 18 | enforcement system must be based on the value of the equipment | ||||||
| 19 | or the services provided and may not be based on the number of | ||||||
| 20 | traffic citations issued or the revenue generated by the | ||||||
| 21 | system. | ||||||
| 22 | (l-1) No member of the General Assembly and no officer or | ||||||
| 23 | employee of a municipality or county shall knowingly accept | ||||||
| 24 | employment or receive compensation or fees for services from a | ||||||
| 25 | vendor that provides automated traffic law enforcement system | ||||||
| 26 | equipment or services to municipalities or counties. No former | ||||||
| |||||||
| |||||||
| 1 | member of the General Assembly shall, within a period of 2 | ||||||
| 2 | years immediately after the termination of service as a member | ||||||
| 3 | of the General Assembly, knowingly accept employment or | ||||||
| 4 | receive compensation or fees for services from a vendor that | ||||||
| 5 | provides automated traffic law enforcement system equipment or | ||||||
| 6 | services to municipalities or counties. No former officer or | ||||||
| 7 | employee of a municipality or county shall, within a period of | ||||||
| 8 | 2 years immediately after the termination of municipal or | ||||||
| 9 | county employment, knowingly accept employment or receive | ||||||
| 10 | compensation or fees for services from a vendor that provides | ||||||
| 11 | automated traffic law enforcement system equipment or services | ||||||
| 12 | to municipalities or counties. | ||||||
| 13 | (m) This Section applies only to the counties of Cook, | ||||||
| 14 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
| 15 | to municipalities located within those counties. | ||||||
| 16 | (n) The fee for participating in a traffic education | ||||||
| 17 | program under this Section shall not exceed $25. | ||||||
| 18 | A low-income individual required to complete a traffic | ||||||
| 19 | education program under this Section who provides proof of | ||||||
| 20 | eligibility for the federal earned income tax credit under | ||||||
| 21 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
| 22 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
| 23 | Act shall not be required to pay any fee for participating in a | ||||||
| 24 | required traffic education program. | ||||||
| 25 | (o) (Blank). | ||||||
| 26 | (o-1) A municipality or county shall make a certified | ||||||
| |||||||
| |||||||
| 1 | report to the Secretary of State pursuant to Section 6-306.5-1 | ||||||
| 2 | of this Code whenever a registered owner of a vehicle has | ||||||
| 3 | failed to pay any fine or penalty due and owing as a result of | ||||||
| 4 | a combination of 5 offenses for automated traffic law or speed | ||||||
| 5 | enforcement system violations. | ||||||
| 6 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
| 7 | to a written lease agreement shall be liable for an automated | ||||||
| 8 | speed or traffic law enforcement system violation involving | ||||||
| 9 | such motor vehicle during the period of the lease; provided | ||||||
| 10 | that upon the request of the appropriate authority received | ||||||
| 11 | within 120 days after the violation occurred, the lessor | ||||||
| 12 | provides within 60 days after such receipt the name and | ||||||
| 13 | address of the lessee. The driver's license number of a lessee | ||||||
| 14 | may be subsequently individually requested by the appropriate | ||||||
| 15 | authority if needed for enforcement of this Section. | ||||||
| 16 | Upon the provision of information by the lessor pursuant | ||||||
| 17 | to this subsection, the county or municipality may issue the | ||||||
| 18 | violation to the lessee of the vehicle in the same manner as it | ||||||
| 19 | would issue a violation to a registered owner of a vehicle | ||||||
| 20 | pursuant to this Section, and the lessee may be held liable for | ||||||
| 21 | the violation. | ||||||
| 22 | (q) If a county or municipality selects a new vendor for | ||||||
| 23 | its automated traffic law enforcement system and must, as a | ||||||
| 24 | consequence, apply for a permit, approval, or other | ||||||
| 25 | authorization from the Department for reinstallation of one or | ||||||
| 26 | more malfunctioning components of that system and if, at the | ||||||
| |||||||
| |||||||
| 1 | time of the application for the permit, approval, or other | ||||||
| 2 | authorization, the new vendor operates an automated traffic | ||||||
| 3 | law enforcement system for any other county or municipality in | ||||||
| 4 | the State, then the Department shall approve or deny the | ||||||
| 5 | county or municipality's application for the permit, approval, | ||||||
| 6 | or other authorization within 90 days after its receipt. | ||||||
| 7 | (r) The Department may revoke any permit, approval, or | ||||||
| 8 | other authorization granted to a county or municipality for | ||||||
| 9 | the placement, installation, or operation of an automated | ||||||
| 10 | traffic law enforcement system if any official or employee who | ||||||
| 11 | serves that county or municipality is charged with bribery, | ||||||
| 12 | official misconduct, or a similar crime related to the | ||||||
| 13 | placement, installation, or operation of the automated traffic | ||||||
| 14 | law enforcement system in the county or municipality. | ||||||
| 15 | The Department shall adopt any rules necessary to | ||||||
| 16 | implement and administer this subsection. The rules adopted by | ||||||
| 17 | the Department shall describe the revocation process, shall | ||||||
| 18 | ensure that notice of the revocation is provided, and shall | ||||||
| 19 | provide an opportunity to appeal the revocation. Any county or | ||||||
| 20 | municipality that has a permit, approval, or other | ||||||
| 21 | authorization revoked under this subsection may not reapply | ||||||
| 22 | for such a permit, approval, or other authorization for a | ||||||
| 23 | period of one year after the revocation. | ||||||
| 24 | (s) If an automated traffic law enforcement system is | ||||||
| 25 | removed or rendered inoperable due to construction, then the | ||||||
| 26 | Department shall authorize the reinstallation or use of the | ||||||
| |||||||
| |||||||
| 1 | automated traffic law enforcement system within 30 days after | ||||||
| 2 | the construction is complete. | ||||||
| 3 | (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; | ||||||
| 4 | 103-154, eff. 6-30-23; 103-364, eff. 7-28-23; 103-605, eff. | ||||||
| 5 | 7-1-24.) | ||||||
| 6 | (625 ILCS 5/11-208.8) | ||||||
| 7 | (Text of Section before amendment by P.A. 104-381) | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | Internet, where the person may view the recorded images of | ||||||
| 2 | the violation. | ||||||
| 3 | (g) (Blank). | ||||||
| 4 | (g-1) If a person charged with a traffic violation, as a | ||||||
| 5 | result of an automated speed enforcement system, does not pay | ||||||
| 6 | the fine or successfully contest the civil penalty resulting | ||||||
| 7 | from that violation, the Secretary of State shall suspend the | ||||||
| 8 | driving privileges of the registered owner of the vehicle | ||||||
| 9 | under Section 6-306.5-1 of this Code for failing to pay any | ||||||
| 10 | fine or penalty due and owing, or both, as a result of a | ||||||
| 11 | combination of 5 violations of the automated speed enforcement | ||||||
| 12 | system or the automated traffic law under Section 11-208.6 of | ||||||
| 13 | this Code. | ||||||
| 14 | (h) Based on inspection of recorded images produced by an | ||||||
| 15 | automated speed enforcement system, a notice alleging that the | ||||||
| 16 | violation occurred shall be evidence of the facts contained in | ||||||
| 17 | the notice and admissible in any proceeding alleging a | ||||||
| 18 | violation under this Section. | ||||||
| 19 | (i) Recorded images made by an automated speed enforcement | ||||||
| 20 | system are confidential and shall be made available only to | ||||||
| 21 | the alleged violator and governmental and law enforcement | ||||||
| 22 | agencies for purposes of adjudicating a violation of this | ||||||
| 23 | Section, for statistical purposes, or for other governmental | ||||||
| 24 | purposes. Any recorded image evidencing a violation of this | ||||||
| 25 | Section, however, may be admissible in any proceeding | ||||||
| 26 | resulting from the issuance of the citation. | ||||||
| |||||||
| |||||||
| 1 | (j) The court or hearing officer may consider in defense | ||||||
| 2 | of a violation: | ||||||
| 3 | (1) that the motor vehicle or registration plates or | ||||||
| 4 | digital registration plates of the motor vehicle were | ||||||
| 5 | stolen before the violation occurred and not under the | ||||||
| 6 | control or in the possession of the owner or lessee at the | ||||||
| 7 | time of the violation; | ||||||
| 8 | (1.5) that the motor vehicle was hijacked before the | ||||||
| 9 | violation occurred and not under the control of or in the | ||||||
| 10 | possession of the owner or lessee at the time of the | ||||||
| 11 | violation; | ||||||
| 12 | (2) that the driver of the motor vehicle received a | ||||||
| 13 | Uniform Traffic Citation from a police officer for a | ||||||
| 14 | speeding violation occurring within one-eighth of a mile | ||||||
| 15 | and 15 minutes of the violation that was recorded by the | ||||||
| 16 | system; and | ||||||
| 17 | (3) any other evidence or issues provided by municipal | ||||||
| 18 | ordinance. | ||||||
| 19 | (k) To demonstrate that the motor vehicle was hijacked or | ||||||
| 20 | the motor vehicle or registration plates or digital | ||||||
| 21 | registration plates were stolen before the violation occurred | ||||||
| 22 | and were not under the control or possession of the owner or | ||||||
| 23 | lessee at the time of the violation, the owner or lessee must | ||||||
| 24 | submit proof that a report concerning the motor vehicle or | ||||||
| 25 | registration plates was filed with a law enforcement agency in | ||||||
| 26 | a timely manner. | ||||||
| |||||||
| |||||||
| 1 | (l) A roadway equipped with an automated speed enforcement | ||||||
| 2 | system shall be posted with a sign conforming to the national | ||||||
| 3 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
| 4 | approaching traffic stating that vehicle speeds are being | ||||||
| 5 | photo-enforced and indicating the speed limit. The | ||||||
| 6 | municipality shall install such additional signage as it | ||||||
| 7 | determines is necessary to give reasonable notice to drivers | ||||||
| 8 | as to where automated speed enforcement systems are installed. | ||||||
| 9 | (m) A roadway where a new automated speed enforcement | ||||||
| 10 | system is installed shall be posted with signs providing 30 | ||||||
| 11 | days notice of the use of a new automated speed enforcement | ||||||
| 12 | system prior to the issuance of any citations through the | ||||||
| 13 | automated speed enforcement system. | ||||||
| 14 | (n) The compensation paid for an automated speed | ||||||
| 15 | enforcement system must be based on the value of the equipment | ||||||
| 16 | or the services provided and may not be based on the number of | ||||||
| 17 | traffic citations issued or the revenue generated by the | ||||||
| 18 | system. | ||||||
| 19 | (n-1) No member of the General Assembly and no officer or | ||||||
| 20 | employee of a municipality or county shall knowingly accept | ||||||
| 21 | employment or receive compensation or fees for services from a | ||||||
| 22 | vendor that provides automated speed enforcement system | ||||||
| 23 | equipment or services to municipalities or counties. No former | ||||||
| 24 | member of the General Assembly shall, within a period of 2 | ||||||
| 25 | years immediately after the termination of service as a member | ||||||
| 26 | of the General Assembly, knowingly accept employment or | ||||||
| |||||||
| |||||||
| 1 | receive compensation or fees for services from a vendor that | ||||||
| 2 | provides automated speed enforcement system equipment or | ||||||
| 3 | services to municipalities or counties. No former officer or | ||||||
| 4 | employee of a municipality or county shall, within a period of | ||||||
| 5 | 2 years immediately after the termination of municipal or | ||||||
| 6 | county employment, knowingly accept employment or receive | ||||||
| 7 | compensation or fees for services from a vendor that provides | ||||||
| 8 | automated speed enforcement system equipment or services to | ||||||
| 9 | municipalities or counties. | ||||||
| 10 | (o) (Blank). | ||||||
| 11 | (o-1) A municipality shall make a certified report to the | ||||||
| 12 | Secretary of State pursuant to Section 6-306.5-1 of this Code | ||||||
| 13 | whenever a registered owner of a vehicle has failed to pay any | ||||||
| 14 | fine or penalty due and owing as a result of a combination of 5 | ||||||
| 15 | offenses for automated speed or traffic law enforcement system | ||||||
| 16 | violations. | ||||||
| 17 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
| 18 | to a written lease agreement shall be liable for an automated | ||||||
| 19 | speed or traffic law enforcement system violation involving | ||||||
| 20 | such motor vehicle during the period of the lease; provided | ||||||
| 21 | that upon the request of the appropriate authority received | ||||||
| 22 | within 120 days after the violation occurred, the lessor | ||||||
| 23 | provides within 60 days after such receipt the name and | ||||||
| 24 | address of the lessee. The driver's drivers license number of | ||||||
| 25 | a lessee may be subsequently individually requested by the | ||||||
| 26 | appropriate authority if needed for enforcement of this | ||||||
| |||||||
| |||||||
| 1 | Section. | ||||||
| 2 | Upon the provision of information by the lessor pursuant | ||||||
| 3 | to this subsection, the municipality may issue the violation | ||||||
| 4 | to the lessee of the vehicle in the same manner as it would | ||||||
| 5 | issue a violation to a registered owner of a vehicle pursuant | ||||||
| 6 | to this Section, and the lessee may be held liable for the | ||||||
| 7 | violation. | ||||||
| 8 | (q) A municipality using an automated speed enforcement | ||||||
| 9 | system must provide notice to drivers by publishing the | ||||||
| 10 | locations of all safety zones where system equipment is | ||||||
| 11 | installed on the website of the municipality. | ||||||
| 12 | (r) A municipality operating an automated speed | ||||||
| 13 | enforcement system shall conduct a statistical analysis to | ||||||
| 14 | assess the safety impact of the system following installation | ||||||
| 15 | of the system and every 2 years thereafter. A municipality | ||||||
| 16 | operating an automated speed enforcement system before the | ||||||
| 17 | effective date of this amendatory Act of the 103rd General | ||||||
| 18 | Assembly shall conduct a statistical analysis to assess the | ||||||
| 19 | safety impact of the system by no later than one year after the | ||||||
| 20 | effective date of this amendatory Act of the 103rd General | ||||||
| 21 | Assembly and every 2 years thereafter. Each statistical | ||||||
| 22 | analysis shall be based upon the best available crash, | ||||||
| 23 | traffic, and other data, and shall cover a period of time | ||||||
| 24 | before and after installation of the system sufficient to | ||||||
| 25 | provide a statistically valid comparison of safety impact. | ||||||
| 26 | Each statistical analysis shall be consistent with | ||||||
| |||||||
| |||||||
| 1 | professional judgment and acceptable industry practice. Each | ||||||
| 2 | statistical analysis also shall be consistent with the data | ||||||
| 3 | required for valid comparisons of before and after conditions | ||||||
| 4 | and shall be conducted within a reasonable period following | ||||||
| 5 | the installation of the automated traffic law enforcement | ||||||
| 6 | system. Each statistical analysis required by this subsection | ||||||
| 7 | shall be made available to the public and shall be published on | ||||||
| 8 | the website of the municipality. | ||||||
| 9 | (s) This Section applies only to municipalities with a | ||||||
| 10 | population of 1,000,000 or more inhabitants. | ||||||
| 11 | (t) If a county or municipality selects a new vendor for | ||||||
| 12 | its automated speed enforcement system and must, as a | ||||||
| 13 | consequence, apply for a permit, approval, or other | ||||||
| 14 | authorization from the Department for reinstallation of one or | ||||||
| 15 | more malfunctioning components of that system and if, at the | ||||||
| 16 | time of the application for the permit, approval, or other | ||||||
| 17 | authorization, the new vendor operates an automated speed | ||||||
| 18 | enforcement system for any other county or municipality in the | ||||||
| 19 | State, then the Department shall approve or deny the county or | ||||||
| 20 | municipality's application for the permit, approval, or other | ||||||
| 21 | authorization within 90 days after its receipt. | ||||||
| 22 | (u) The Department may revoke any permit, approval, or | ||||||
| 23 | other authorization granted to a county or municipality for | ||||||
| 24 | the placement, installation, or operation of an automated | ||||||
| 25 | speed enforcement system if any official or employee who | ||||||
| 26 | serves that county or municipality is charged with bribery, | ||||||
| |||||||
| |||||||
| 1 | official misconduct, or a similar crime related to the | ||||||
| 2 | placement, installation, or operation of the automated speed | ||||||
| 3 | enforcement system in the county or municipality. | ||||||
| 4 | The Department shall adopt any rules necessary to | ||||||
| 5 | implement and administer this subsection. The rules adopted by | ||||||
| 6 | the Department shall describe the revocation process, shall | ||||||
| 7 | ensure that notice of the revocation is provided, and shall | ||||||
| 8 | provide an opportunity to appeal the revocation. Any county or | ||||||
| 9 | municipality that has a permit, approval, or other | ||||||
| 10 | authorization revoked under this subsection may not reapply | ||||||
| 11 | for such a permit, approval, or other authorization for a | ||||||
| 12 | period of 1 year after the revocation. | ||||||
| 13 | (Source: P.A. 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.) | ||||||
| 14 | (Text of Section after amendment by P.A. 104-381) | ||||||
| 15 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
| 16 | safety zones. | ||||||
| 17 | (a) As used in this Section: | ||||||
| 18 | "Automated speed enforcement system" means a photographic | ||||||
| 19 | device, radar device, laser device, or other electrical or | ||||||
| 20 | mechanical device or devices installed or utilized in a safety | ||||||
| 21 | zone and designed to record the speed of a vehicle and obtain a | ||||||
| 22 | clear photograph or other recorded image of the vehicle and | ||||||
| 23 | the vehicle's registration plate or digital registration plate | ||||||
| 24 | while the driver is violating Article VI of Chapter 11 of this | ||||||
| 25 | Code or a similar provision of a local ordinance. | ||||||
| |||||||
| |||||||
| 1 | An automated speed enforcement system is a system, located | ||||||
| 2 | in a safety zone which is under the jurisdiction of a | ||||||
| 3 | municipality, that produces a recorded image of a motor | ||||||
| 4 | vehicle's violation of a provision of this Code or a local | ||||||
| 5 | ordinance and is designed to obtain a clear recorded image of | ||||||
| 6 | the vehicle and the vehicle's license plate. The recorded | ||||||
| 7 | image must also display the time, date, and location of the | ||||||
| 8 | violation. | ||||||
| 9 | "Owner" means the person or entity to whom the vehicle is | ||||||
| 10 | registered. | ||||||
| 11 | "Recorded image" means images recorded by an automated | ||||||
| 12 | speed enforcement system on: | ||||||
| 13 | (1) 2 or more photographs; | ||||||
| 14 | (2) 2 or more microphotographs; | ||||||
| 15 | (3) 2 or more electronic images; or | ||||||
| 16 | (4) a video recording showing the motor vehicle and, | ||||||
| 17 | on at least one image or portion of the recording, clearly | ||||||
| 18 | identifying the registration plate or digital registration | ||||||
| 19 | plate number of the motor vehicle. | ||||||
| 20 | "Safety zone" means an area that is within one-eighth of a | ||||||
| 21 | mile from the nearest property line of any public or private | ||||||
| 22 | elementary or secondary school, or from the nearest property | ||||||
| 23 | line of any facility, area, or land owned by a school district | ||||||
| 24 | that is used for educational purposes approved by the Illinois | ||||||
| 25 | State Board of Education, not including school district | ||||||
| 26 | headquarters or administrative buildings. A safety zone also | ||||||
| |||||||
| |||||||
| 1 | includes an area that is within one-eighth of a mile from the | ||||||
| 2 | nearest property line of any facility, area, or land owned by a | ||||||
| 3 | park district used for recreational purposes. However, if any | ||||||
| 4 | portion of a roadway is within either one-eighth mile radius, | ||||||
| 5 | the safety zone also shall include the roadway extended to the | ||||||
| 6 | furthest portion of the next furthest intersection. The term | ||||||
| 7 | "safety zone" does not include any portion of the roadway | ||||||
| 8 | known as Lake Shore Drive or any controlled access highway | ||||||
| 9 | with 8 or more lanes of traffic. | ||||||
| 10 | (a-5) The automated speed enforcement system shall be | ||||||
| 11 | operational and violations shall be recorded only at the | ||||||
| 12 | following times: | ||||||
| 13 | (i) if the safety zone is based upon the property line | ||||||
| 14 | of any facility, area, or land owned by a school district, | ||||||
| 15 | only on school days and no earlier than 6 a.m. and no later | ||||||
| 16 | than 8:30 p.m. if the school day is during the period of | ||||||
| 17 | Monday through Thursday, or 9 p.m. if the school day is a | ||||||
| 18 | Friday; and | ||||||
| 19 | (ii) if the safety zone is based upon the property | ||||||
| 20 | line of any facility, area, or land owned by a park | ||||||
| 21 | district, no earlier than one hour prior to the time that | ||||||
| 22 | the facility, area, or land is open to the public or other | ||||||
| 23 | patrons, and no later than one hour after the facility, | ||||||
| 24 | area, or land is closed to the public or other patrons. | ||||||
| 25 | (b) A municipality that produces a recorded image of a | ||||||
| 26 | motor vehicle's violation of a provision of this Code or a | ||||||
| |||||||
| |||||||
| 1 | local ordinance must make the recorded images of a violation | ||||||
| 2 | accessible to the alleged violator by providing the alleged | ||||||
| 3 | violator with a website address, accessible through the | ||||||
| 4 | Internet. | ||||||
| 5 | (c) Notwithstanding any penalties for any other violations | ||||||
| 6 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
| 7 | violation recorded by an automated speed enforcement system | ||||||
| 8 | shall be subject to the following penalties: | ||||||
| 9 | (1) if the recorded speed is no less than 6 miles per | ||||||
| 10 | hour and no more than 10 miles per hour over the legal | ||||||
| 11 | speed limit, a civil penalty not exceeding $50, plus an | ||||||
| 12 | additional penalty of not more than $50 for failure to pay | ||||||
| 13 | the original penalty in a timely manner; or | ||||||
| 14 | (2) if the recorded speed is more than 10 miles per | ||||||
| 15 | hour over the legal speed limit, a civil penalty not | ||||||
| 16 | exceeding $100, plus an additional penalty of not more | ||||||
| 17 | than $100 for failure to pay the original penalty in a | ||||||
| 18 | timely manner. | ||||||
| 19 | A penalty may not be imposed under this Section if the | ||||||
| 20 | driver of the motor vehicle received a Uniform Traffic | ||||||
| 21 | Citation from a police officer for a speeding violation | ||||||
| 22 | occurring within one-eighth of a mile and 15 minutes of the | ||||||
| 23 | violation that was recorded by the system. A violation for | ||||||
| 24 | which a civil penalty is imposed under this Section is not a | ||||||
| 25 | violation of a traffic regulation governing the movement of | ||||||
| 26 | vehicles and may not be recorded on the driving record of the | ||||||
| |||||||
| |||||||
| 1 | owner of the vehicle. A law enforcement officer is not | ||||||
| 2 | required to be present or to witness the violation. No penalty | ||||||
| 3 | may be imposed under this Section if the recorded speed of a | ||||||
| 4 | vehicle is 5 miles per hour or less over the legal speed limit. | ||||||
| 5 | The municipality may send, in the same manner that notices are | ||||||
| 6 | sent under this Section, a speed violation warning notice | ||||||
| 7 | where the violation involves a speed of 5 miles per hour or | ||||||
| 8 | less above the legal speed limit. | ||||||
| 9 | (d) The net proceeds that a municipality receives from | ||||||
| 10 | civil penalties imposed under an automated speed enforcement | ||||||
| 11 | system, after deducting all non-personnel and personnel costs | ||||||
| 12 | associated with the operation and maintenance of such system, | ||||||
| 13 | shall be expended or obligated by the municipality for the | ||||||
| 14 | following purposes: | ||||||
| 15 | (i) public safety initiatives to ensure safe passage | ||||||
| 16 | around schools, and to provide police protection and | ||||||
| 17 | surveillance around schools and parks, including but not | ||||||
| 18 | limited to: (1) personnel costs; and (2) non-personnel | ||||||
| 19 | costs such as construction and maintenance of public | ||||||
| 20 | safety infrastructure and equipment; | ||||||
| 21 | (ii) initiatives to improve pedestrian and traffic | ||||||
| 22 | safety; | ||||||
| 23 | (iii) construction and maintenance of infrastructure | ||||||
| 24 | within the municipality, including but not limited to | ||||||
| 25 | roads and bridges; and | ||||||
| 26 | (iv) after school programs. | ||||||
| |||||||
| |||||||
| 1 | (e) For each violation of a provision of this Code or a | ||||||
| 2 | local ordinance recorded by an automated speed enforcement | ||||||
| 3 | system, the municipality having jurisdiction shall issue a | ||||||
| 4 | written notice of the violation to the registered owner of the | ||||||
| 5 | vehicle as the alleged violator. The notice shall be delivered | ||||||
| 6 | to the registered owner of the vehicle, by mail, within 30 days | ||||||
| 7 | after the Secretary of State notifies the municipality of the | ||||||
| 8 | identity of the owner of the vehicle, but in no event later | ||||||
| 9 | than 90 days after the violation. | ||||||
| 10 | (f) The notice required under subsection (e) of this | ||||||
| 11 | Section shall include: | ||||||
| 12 | (1) the name and address of the registered owner of | ||||||
| 13 | the vehicle; | ||||||
| 14 | (2) the registration number of the motor vehicle | ||||||
| 15 | involved in the violation; | ||||||
| 16 | (3) the violation charged; | ||||||
| 17 | (4) the date, time, and location where the violation | ||||||
| 18 | occurred; | ||||||
| 19 | (5) a copy of the recorded image or images; | ||||||
| 20 | (6) the amount of the civil penalty imposed and the | ||||||
| 21 | date by which the civil penalty should be paid; | ||||||
| 22 | (7) a statement that recorded images are evidence of a | ||||||
| 23 | violation of a speed restriction; | ||||||
| 24 | (8) a warning that failure to pay the civil penalty or | ||||||
| 25 | to contest liability in a timely manner is an admission of | ||||||
| 26 | liability and may result in a suspension of the driving | ||||||
| |||||||
| |||||||
| 1 | privileges of the registered owner of the vehicle; | ||||||
| 2 | (9) a statement that the person may elect to proceed | ||||||
| 3 | by: | ||||||
| 4 | (A) paying the fine; or | ||||||
| 5 | (B) challenging the charge in court, by mail, or | ||||||
| 6 | by administrative hearing; and | ||||||
| 7 | (10) a website address, accessible through the | ||||||
| 8 | Internet, where the person may view the recorded images of | ||||||
| 9 | the violation. | ||||||
| 10 | (g) (Blank). | ||||||
| 11 | (g-1) If a person charged with a traffic violation, as a | ||||||
| 12 | result of an automated speed enforcement system, does not pay | ||||||
| 13 | the fine or successfully contest the civil penalty resulting | ||||||
| 14 | from that violation, the Secretary of State shall suspend the | ||||||
| 15 | driving privileges of the registered owner of the vehicle | ||||||
| 16 | under Section 6-306.5-1 of this Code for failing to pay any | ||||||
| 17 | fine or penalty due and owing, or both, as a result of a | ||||||
| 18 | combination of 5 violations of the automated speed enforcement | ||||||
| 19 | system or the automated traffic law under Section 11-208.6 of | ||||||
| 20 | this Code. | ||||||
| 21 | (h) Based on inspection of recorded images produced by an | ||||||
| 22 | automated speed enforcement system, a notice alleging that the | ||||||
| 23 | violation occurred shall be evidence of the facts contained in | ||||||
| 24 | the notice and admissible in any proceeding alleging a | ||||||
| 25 | violation under this Section. | ||||||
| 26 | (i) Recorded images made by an automated speed enforcement | ||||||
| |||||||
| |||||||
| 1 | system are confidential and shall be made available only to | ||||||
| 2 | the alleged violator and governmental and law enforcement | ||||||
| 3 | agencies for purposes of adjudicating a violation of this | ||||||
| 4 | Section, for statistical purposes, or for other governmental | ||||||
| 5 | purposes. Any recorded image evidencing a violation of this | ||||||
| 6 | Section, however, may be admissible in any proceeding | ||||||
| 7 | resulting from the issuance of the citation. | ||||||
| 8 | (j) The court or hearing officer may consider in defense | ||||||
| 9 | 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 or in the possession of the owner or lessee at the | ||||||
| 14 | time of the violation; | ||||||
| 15 | (1.5) that the motor vehicle was hijacked before the | ||||||
| 16 | violation occurred and not under the control of or in the | ||||||
| 17 | possession of the owner or lessee at the time of the | ||||||
| 18 | violation; | ||||||
| 19 | (2) that the driver of the motor vehicle received a | ||||||
| 20 | Uniform Traffic Citation from a police officer for a | ||||||
| 21 | speeding violation occurring within one-eighth of a mile | ||||||
| 22 | and 15 minutes of the violation that was recorded by the | ||||||
| 23 | system; and | ||||||
| 24 | (3) any other evidence or issues provided by municipal | ||||||
| 25 | ordinance. | ||||||
| 26 | (k) To demonstrate that the motor vehicle was hijacked or | ||||||
| |||||||
| |||||||
| 1 | the motor vehicle or registration plates or digital | ||||||
| 2 | registration plates were stolen before the violation occurred | ||||||
| 3 | and were not under the control or possession of the owner or | ||||||
| 4 | lessee at the time of the violation, the owner or lessee must | ||||||
| 5 | submit proof that a report concerning the motor vehicle or | ||||||
| 6 | registration plates was filed with a law enforcement agency in | ||||||
| 7 | a timely manner. | ||||||
| 8 | (l) A roadway equipped with an automated speed enforcement | ||||||
| 9 | system shall be posted with a sign conforming to the national | ||||||
| 10 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
| 11 | approaching traffic stating that vehicle speeds are being | ||||||
| 12 | photo-enforced and indicating the speed limit. The | ||||||
| 13 | municipality shall install such additional signage as it | ||||||
| 14 | determines is necessary to give reasonable notice to drivers | ||||||
| 15 | as to where automated speed enforcement systems are installed. | ||||||
| 16 | (m) A roadway where a new automated speed enforcement | ||||||
| 17 | system is installed shall be posted with signs providing 30 | ||||||
| 18 | days notice of the use of a new automated speed enforcement | ||||||
| 19 | system prior to the issuance of any citations through the | ||||||
| 20 | automated speed enforcement system. | ||||||
| 21 | (n) The compensation paid for an automated speed | ||||||
| 22 | enforcement system must be based on the value of the equipment | ||||||
| 23 | or the services provided and may not be based on the number of | ||||||
| 24 | traffic citations issued or the revenue generated by the | ||||||
| 25 | system. | ||||||
| 26 | (n-1) No member of the General Assembly and no officer or | ||||||
| |||||||
| |||||||
| 1 | employee of a municipality or county shall knowingly accept | ||||||
| 2 | employment or receive compensation or fees for services from a | ||||||
| 3 | vendor that provides automated speed enforcement system | ||||||
| 4 | equipment or services to municipalities or counties. No former | ||||||
| 5 | member of the General Assembly shall, within a period of 2 | ||||||
| 6 | years immediately after the termination of service as a member | ||||||
| 7 | of the General Assembly, knowingly accept employment or | ||||||
| 8 | receive compensation or fees for services from a vendor that | ||||||
| 9 | provides automated speed enforcement system equipment or | ||||||
| 10 | services to municipalities or counties. No former officer or | ||||||
| 11 | employee of a municipality or county shall, within a period of | ||||||
| 12 | 2 years immediately after the termination of municipal or | ||||||
| 13 | county employment, knowingly accept employment or receive | ||||||
| 14 | compensation or fees for services from a vendor that provides | ||||||
| 15 | automated speed enforcement system equipment or services to | ||||||
| 16 | municipalities or counties. | ||||||
| 17 | (o) (Blank). | ||||||
| 18 | (o-1) A municipality shall make a certified report to the | ||||||
| 19 | Secretary of State pursuant to Section 6-306.5-1 of this Code | ||||||
| 20 | whenever a registered owner of a vehicle has failed to pay any | ||||||
| 21 | fine or penalty due and owing as a result of a combination of 5 | ||||||
| 22 | offenses for automated speed or traffic law enforcement system | ||||||
| 23 | violations. | ||||||
| 24 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
| 25 | to a written lease agreement shall be liable for an automated | ||||||
| 26 | speed or traffic law enforcement system violation involving | ||||||
| |||||||
| |||||||
| 1 | such motor vehicle during the period of the lease; provided | ||||||
| 2 | that upon the request of the appropriate authority received | ||||||
| 3 | within 120 days after the violation occurred, the lessor | ||||||
| 4 | provides within 60 days after such receipt the name and | ||||||
| 5 | address of the lessee. The driver's drivers license number of | ||||||
| 6 | a lessee may be subsequently individually requested by the | ||||||
| 7 | appropriate authority if needed for enforcement of this | ||||||
| 8 | Section. | ||||||
| 9 | Upon the provision of information by the lessor pursuant | ||||||
| 10 | to this subsection, the municipality may issue the violation | ||||||
| 11 | to the lessee of the vehicle in the same manner as it would | ||||||
| 12 | issue a violation to a registered owner of a vehicle pursuant | ||||||
| 13 | to this Section, and the lessee may be held liable for the | ||||||
| 14 | violation. | ||||||
| 15 | (q) A municipality using an automated speed enforcement | ||||||
| 16 | system must provide notice to drivers by publishing the | ||||||
| 17 | locations of all safety zones where system equipment is | ||||||
| 18 | installed on the website of the municipality. | ||||||
| 19 | (r) A municipality operating an automated speed | ||||||
| 20 | enforcement system shall conduct a statistical analysis to | ||||||
| 21 | assess the safety impact of the system following installation | ||||||
| 22 | of the system and every 2 years thereafter. A municipality | ||||||
| 23 | operating an automated speed enforcement system before the | ||||||
| 24 | effective date of this amendatory Act of the 103rd General | ||||||
| 25 | Assembly shall conduct a statistical analysis to assess the | ||||||
| 26 | safety impact of the system by no later than one year after the | ||||||
| |||||||
| |||||||
| 1 | effective date of this amendatory Act of the 103rd General | ||||||
| 2 | Assembly and every 2 years thereafter. Each statistical | ||||||
| 3 | analysis shall be based upon the best available crash, | ||||||
| 4 | traffic, and other data, and shall cover a period of time | ||||||
| 5 | before and after installation of the system sufficient to | ||||||
| 6 | provide a statistically valid comparison of safety impact. | ||||||
| 7 | Each statistical analysis shall be consistent with | ||||||
| 8 | professional judgment and acceptable industry practice. Each | ||||||
| 9 | statistical analysis also shall be consistent with the data | ||||||
| 10 | required for valid comparisons of before and after conditions | ||||||
| 11 | and shall be conducted within a reasonable period following | ||||||
| 12 | the installation of the automated traffic law enforcement | ||||||
| 13 | system. Each statistical analysis required by this subsection | ||||||
| 14 | shall be made available to the public and shall be published on | ||||||
| 15 | the website of the municipality. | ||||||
| 16 | (s) This Section applies only to municipalities with a | ||||||
| 17 | population of 1,000,000 or more inhabitants. | ||||||
| 18 | (t) If a county or municipality selects a new vendor for | ||||||
| 19 | its automated speed enforcement system and must, as a | ||||||
| 20 | consequence, apply for a permit, approval, or other | ||||||
| 21 | authorization from the Department for reinstallation of one or | ||||||
| 22 | more malfunctioning components of that system and if, at the | ||||||
| 23 | time of the application for the permit, approval, or other | ||||||
| 24 | authorization, the new vendor operates an automated speed | ||||||
| 25 | enforcement system for any other county or municipality in the | ||||||
| 26 | State, then the Department shall approve or deny the county or | ||||||
| |||||||
| |||||||
| 1 | municipality's application for the permit, approval, or other | ||||||
| 2 | authorization within 90 days after its receipt. | ||||||
| 3 | (u) The Department may revoke any permit, approval, or | ||||||
| 4 | other authorization granted to a county or municipality for | ||||||
| 5 | the placement, installation, or operation of an automated | ||||||
| 6 | speed enforcement system if any official or employee who | ||||||
| 7 | serves that county or municipality is charged with bribery, | ||||||
| 8 | official misconduct, or a similar crime related to the | ||||||
| 9 | placement, installation, or operation of the automated speed | ||||||
| 10 | enforcement system in the county or municipality. | ||||||
| 11 | The Department shall adopt any rules necessary to | ||||||
| 12 | implement and administer this subsection. The rules adopted by | ||||||
| 13 | the Department shall describe the revocation process, shall | ||||||
| 14 | ensure that notice of the revocation is provided, and shall | ||||||
| 15 | provide an opportunity to appeal the revocation. Any county or | ||||||
| 16 | municipality that has a permit, approval, or other | ||||||
| 17 | authorization revoked under this subsection may not reapply | ||||||
| 18 | for such a permit, approval, or other authorization for a | ||||||
| 19 | period of 1 year after the revocation. | ||||||
| 20 | (v) The University of Illinois Chicago Urban | ||||||
| 21 | Transportation Center shall conduct a study that includes the | ||||||
| 22 | following: | ||||||
| 23 | (1) a comprehensive review of the City of Chicago's | ||||||
| 24 | website multi-year crash data on North and South DuSable | ||||||
| 25 | Lake Shore Drive; | ||||||
| 26 | (2) the available research on potential effectiveness | ||||||
| |||||||
| |||||||
| 1 | of cameras powered by artificial intelligence in improving | ||||||
| 2 | compliance and reducing crashes and road fatalities on | ||||||
| 3 | North and South DuSable Lake Shore Drive; | ||||||
| 4 | (3) an analysis of driving behavior to detect risky | ||||||
| 5 | driving patterns and to address the DuSable Lake Shore | ||||||
| 6 | Drive crash corridors; | ||||||
| 7 | (4) an assessment of the effectiveness of | ||||||
| 8 | psychological deterrence in reducing habitual speeding; | ||||||
| 9 | and | ||||||
| 10 | (5) an assessment of how fatalities can be reduced | ||||||
| 11 | using these cameras powered by artificial intelligence and | ||||||
| 12 | other technical options that may be available in place of | ||||||
| 13 | cameras powered by artificial intelligence. | ||||||
| 14 | The Department shall adopt any rules necessary to | ||||||
| 15 | implement this subsection (v). | ||||||
| 16 | (Source: P.A. 103-364, eff. 7-28-23; 104-381, eff. 1-1-26.) | ||||||
| 17 | (625 ILCS 5/11-208.9) | ||||||
| 18 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
| 19 | approaching, overtaking, and passing a school bus. | ||||||
| 20 | (a) As used in this Section, "automated traffic law | ||||||
| 21 | enforcement system" means a device with one or more motor | ||||||
| 22 | vehicle sensors working in conjunction with the visual signals | ||||||
| 23 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
| 24 | this Code, to produce recorded images of motor vehicles that | ||||||
| 25 | fail to stop before meeting or overtaking, from either | ||||||
| |||||||
| |||||||
| 1 | direction, any school bus stopped at any location for the | ||||||
| 2 | purpose of receiving or discharging pupils in violation of | ||||||
| 3 | Section 11-1414 of this Code or a similar provision of a local | ||||||
| 4 | ordinance. | ||||||
| 5 | An automated traffic law enforcement system is a system, | ||||||
| 6 | in a municipality or county operated by a governmental agency, | ||||||
| 7 | that produces a recorded image of a motor vehicle's violation | ||||||
| 8 | of a provision of this Code or a local ordinance and is | ||||||
| 9 | designed to obtain a clear recorded image of the vehicle and | ||||||
| 10 | the vehicle's license plate. The recorded image must also | ||||||
| 11 | display the time, date, and location of the violation. | ||||||
| 12 | (b) As used in this Section, "recorded images" means | ||||||
| 13 | images recorded by an automated traffic law enforcement system | ||||||
| 14 | on: | ||||||
| 15 | (1) 2 or more photographs; | ||||||
| 16 | (2) 2 or more microphotographs; | ||||||
| 17 | (3) 2 or more electronic images; or | ||||||
| 18 | (4) a video recording showing the motor vehicle and, | ||||||
| 19 | on at least one image or portion of the recording, clearly | ||||||
| 20 | identifying the registration plate or digital registration | ||||||
| 21 | plate number of the motor vehicle. | ||||||
| 22 | (c) A municipality or county that produces a recorded | ||||||
| 23 | image of a motor vehicle's violation of a provision of this | ||||||
| 24 | Code or a local ordinance must make the recorded images of a | ||||||
| 25 | violation accessible to the alleged violator by providing the | ||||||
| 26 | alleged violator with a website address, accessible through | ||||||
| |||||||
| |||||||
| 1 | the Internet. | ||||||
| 2 | (d) For each violation of a provision of this Code or a | ||||||
| 3 | local ordinance recorded by an automated traffic law | ||||||
| 4 | enforcement system, the county or municipality having | ||||||
| 5 | jurisdiction shall issue a written notice of the violation to | ||||||
| 6 | the registered owner of the vehicle as the alleged violator. | ||||||
| 7 | The notice shall be delivered to the registered owner of the | ||||||
| 8 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
| 9 | notifies the municipality or county of the identity of the | ||||||
| 10 | owner of the vehicle, but in no event later than 90 days after | ||||||
| 11 | the violation. | ||||||
| 12 | (e) The notice required under subsection (d) shall | ||||||
| 13 | include: | ||||||
| 14 | (1) the name and address of the registered owner of | ||||||
| 15 | the vehicle; | ||||||
| 16 | (2) the registration number of the motor vehicle | ||||||
| 17 | involved in the violation; | ||||||
| 18 | (3) the violation charged; | ||||||
| 19 | (4) the location where the violation occurred; | ||||||
| 20 | (5) the date and time of the violation; | ||||||
| 21 | (6) a copy of the recorded images; | ||||||
| 22 | (7) the amount of the civil penalty imposed and the | ||||||
| 23 | date by which the civil penalty should be paid; | ||||||
| 24 | (8) a statement that recorded images are evidence of a | ||||||
| 25 | violation of overtaking or passing a school bus stopped | ||||||
| 26 | for the purpose of receiving or discharging pupils; | ||||||
| |||||||
| |||||||
| 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; | ||||||
| 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; and | ||||||
| 10 | (11) a website address, accessible through the | ||||||
| 11 | Internet, where the person may view the recorded images of | ||||||
| 12 | the violation. | ||||||
| 13 | (f) (Blank). | ||||||
| 14 | (f-1) If a person charged with a traffic violation, as a | ||||||
| 15 | result of an automated traffic law enforcement system under | ||||||
| 16 | this Section, does not pay the fine or successfully contest | ||||||
| 17 | the civil penalty resulting from that violation, the Secretary | ||||||
| 18 | of State shall suspend the driving privileges of the | ||||||
| 19 | registered owner of the vehicle under Section 6-306.5-1 of | ||||||
| 20 | this Code for failing to pay any fine or penalty due and owing | ||||||
| 21 | as a result of a combination of 5 violations of the automated | ||||||
| 22 | traffic law enforcement system or the automated speed | ||||||
| 23 | enforcement system under Section 11-208.8 of this Code. | ||||||
| 24 | (g) Based on inspection of recorded images produced by an | ||||||
| 25 | automated traffic law enforcement system, a notice alleging | ||||||
| 26 | that the violation occurred shall be evidence of the facts | ||||||
| |||||||
| |||||||
| 1 | contained in the notice and admissible in any proceeding | ||||||
| 2 | alleging a violation under this Section. | ||||||
| 3 | (h) Recorded images made by an automated traffic law | ||||||
| 4 | enforcement system are confidential and shall be made | ||||||
| 5 | available only to the alleged violator and governmental and | ||||||
| 6 | law enforcement agencies for purposes of adjudicating a | ||||||
| 7 | violation of this Section, for statistical purposes, or for | ||||||
| 8 | other governmental purposes. Any recorded image evidencing a | ||||||
| 9 | violation of this Section, however, may be admissible in any | ||||||
| 10 | proceeding resulting from the issuance of the citation. | ||||||
| 11 | (i) The court or hearing officer may consider in defense | ||||||
| 12 | of a violation: | ||||||
| 13 | (1) that the motor vehicle or registration plates or | ||||||
| 14 | digital registration plates of the motor vehicle were | ||||||
| 15 | stolen before the violation occurred and not under the | ||||||
| 16 | control of or in the possession of the owner or lessee at | ||||||
| 17 | the time of the violation; | ||||||
| 18 | (1.5) that the motor vehicle was hijacked before the | ||||||
| 19 | violation occurred and not under the control of or in the | ||||||
| 20 | possession of the owner or lessee at the time of the | ||||||
| 21 | violation; | ||||||
| 22 | (2) that the driver of the motor vehicle received a | ||||||
| 23 | Uniform Traffic Citation from a police officer for a | ||||||
| 24 | violation of Section 11-1414 of this Code within | ||||||
| 25 | one-eighth of a mile and 15 minutes of the violation that | ||||||
| 26 | was recorded by the system; | ||||||
| |||||||
| |||||||
| 1 | (3) that the visual signals required by Sections | ||||||
| 2 | 12-803 and 12-805 of this Code were damaged, not | ||||||
| 3 | activated, not present in violation of Sections 12-803 and | ||||||
| 4 | 12-805, or inoperable; and | ||||||
| 5 | (4) any other evidence or issues provided by municipal | ||||||
| 6 | or county ordinance. | ||||||
| 7 | (j) To demonstrate that the motor vehicle was hijacked or | ||||||
| 8 | the motor vehicle or registration plates or digital | ||||||
| 9 | registration plates were stolen before the violation occurred | ||||||
| 10 | and were not under the control or possession of the owner or | ||||||
| 11 | lessee at the time of the violation, the owner or lessee must | ||||||
| 12 | submit proof that a report concerning the motor vehicle or | ||||||
| 13 | registration plates was filed with a law enforcement agency in | ||||||
| 14 | a timely manner. | ||||||
| 15 | (k) Unless the driver of the motor vehicle received a | ||||||
| 16 | Uniform Traffic Citation from a police officer at the time of | ||||||
| 17 | the violation, the motor vehicle owner is subject to a civil | ||||||
| 18 | penalty not exceeding $150 for a first time violation or $500 | ||||||
| 19 | for a second or subsequent violation, plus an additional | ||||||
| 20 | penalty of not more than $100 for failure to pay the original | ||||||
| 21 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
| 22 | an automated traffic law enforcement system. A violation for | ||||||
| 23 | which a civil penalty is imposed under this Section is not a | ||||||
| 24 | violation of a traffic regulation governing the movement of | ||||||
| 25 | vehicles and may not be recorded on the driving record of the | ||||||
| 26 | owner of the vehicle, but may be recorded by the municipality | ||||||
| |||||||
| |||||||
| 1 | or county for the purpose of determining if a person is subject | ||||||
| 2 | to the higher fine for a second or subsequent offense. | ||||||
| 3 | (l) A school bus equipped with an automated traffic law | ||||||
| 4 | enforcement system must be posted with a sign indicating that | ||||||
| 5 | the school bus is being monitored by an automated traffic law | ||||||
| 6 | enforcement system. | ||||||
| 7 | (m) A municipality or county that has one or more school | ||||||
| 8 | buses equipped with an automated traffic law enforcement | ||||||
| 9 | system must provide notice to drivers by posting a list of | ||||||
| 10 | school districts using school buses equipped with an automated | ||||||
| 11 | traffic law enforcement system on the municipality or county | ||||||
| 12 | website. School districts that have one or more school buses | ||||||
| 13 | equipped with an automated traffic law enforcement system must | ||||||
| 14 | provide notice to drivers by posting that information on their | ||||||
| 15 | websites. | ||||||
| 16 | (n) A municipality or county operating an automated | ||||||
| 17 | traffic law enforcement system shall conduct a statistical | ||||||
| 18 | analysis to assess the safety impact in each school district | ||||||
| 19 | using school buses equipped with an automated traffic law | ||||||
| 20 | enforcement system following installation of the system and | ||||||
| 21 | every 2 years thereafter. A municipality or county operating | ||||||
| 22 | an automated speed enforcement system before the effective | ||||||
| 23 | date of this amendatory Act of the 103rd General Assembly | ||||||
| 24 | shall conduct a statistical analysis to assess the safety | ||||||
| 25 | impact of the system by no later than one year after the | ||||||
| 26 | effective date of this amendatory Act of the 103rd General | ||||||
| |||||||
| |||||||
| 1 | Assembly and every 2 years thereafter. Each statistical | ||||||
| 2 | analysis shall be based upon the best available crash, | ||||||
| 3 | traffic, and other data, and shall cover a period of time | ||||||
| 4 | before and after installation of the system sufficient to | ||||||
| 5 | provide a statistically valid comparison of safety impact. | ||||||
| 6 | Each statistical analysis shall be consistent with | ||||||
| 7 | professional judgment and acceptable industry practice. Each | ||||||
| 8 | statistical analysis also shall be consistent with the data | ||||||
| 9 | required for valid comparisons of before and after conditions | ||||||
| 10 | and shall be conducted within a reasonable period following | ||||||
| 11 | the installation of the automated traffic law enforcement | ||||||
| 12 | system. Each statistical analysis required by this subsection | ||||||
| 13 | shall be made available to the public and shall be published on | ||||||
| 14 | the website of the municipality or county. If a statistical | ||||||
| 15 | analysis indicates that there has been an increase in the rate | ||||||
| 16 | of crashes at the approach to school buses monitored by the | ||||||
| 17 | system, the municipality or county shall undertake additional | ||||||
| 18 | studies to determine the cause and severity of the crashes, | ||||||
| 19 | and may take any action that it determines is necessary or | ||||||
| 20 | appropriate to reduce the number or severity of the crashes | ||||||
| 21 | involving school buses equipped with an automated traffic law | ||||||
| 22 | enforcement system. | ||||||
| 23 | (o) The compensation paid for an automated traffic law | ||||||
| 24 | enforcement system must be based on the value of the equipment | ||||||
| 25 | or the services provided and may not be based on the number of | ||||||
| 26 | traffic citations issued or the revenue generated by the | ||||||
| |||||||
| |||||||
| 1 | system. | ||||||
| 2 | (o-1) No member of the General Assembly and no officer or | ||||||
| 3 | employee of a municipality or county shall knowingly accept | ||||||
| 4 | employment or receive compensation or fees for services from a | ||||||
| 5 | vendor that provides automated traffic law enforcement system | ||||||
| 6 | equipment or services to municipalities or counties. No former | ||||||
| 7 | member of the General Assembly shall, within a period of 2 | ||||||
| 8 | years immediately after the termination of service as a member | ||||||
| 9 | of the General Assembly, knowingly accept employment or | ||||||
| 10 | receive compensation or fees for services from a vendor that | ||||||
| 11 | provides automated traffic law enforcement system equipment or | ||||||
| 12 | services to municipalities or counties. No former officer or | ||||||
| 13 | employee of a municipality or county shall, within a period of | ||||||
| 14 | 2 years immediately after the termination of municipal or | ||||||
| 15 | county employment, knowingly accept employment or receive | ||||||
| 16 | compensation or fees for services from a vendor that provides | ||||||
| 17 | automated traffic law enforcement system equipment or services | ||||||
| 18 | to municipalities or counties. | ||||||
| 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 driver's license number of a lessee | ||||||
| |||||||
| |||||||
| 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 county or municipality may issue the | ||||||
| 5 | violation to the lessee of the vehicle in the same manner as it | ||||||
| 6 | would issue a violation to a registered owner of a vehicle | ||||||
| 7 | pursuant to this Section, and the lessee may be held liable for | ||||||
| 8 | the violation. | ||||||
| 9 | (q) (Blank). | ||||||
| 10 | (q-1) A municipality or county shall make a certified | ||||||
| 11 | report to the Secretary of State pursuant to Section 6-306.5-1 | ||||||
| 12 | of this Code whenever a registered owner of a vehicle has | ||||||
| 13 | failed to pay any fine or penalty due and owing as a result of | ||||||
| 14 | a combination of 5 offenses for automated traffic law or speed | ||||||
| 15 | enforcement system violations. | ||||||
| 16 | (r) After a municipality or county enacts an ordinance | ||||||
| 17 | providing for automated traffic law enforcement systems under | ||||||
| 18 | this Section, each school district within that municipality or | ||||||
| 19 | county's jurisdiction may implement an automated traffic law | ||||||
| 20 | enforcement system under this Section. The elected school | ||||||
| 21 | board for that district must approve the implementation of an | ||||||
| 22 | automated traffic law enforcement system. The school district | ||||||
| 23 | shall be responsible for entering into a contract, approved by | ||||||
| 24 | the elected school board of that district, with vendors for | ||||||
| 25 | the installation, maintenance, and operation of the automated | ||||||
| 26 | traffic law enforcement system. The school district must enter | ||||||
| |||||||
| |||||||
| 1 | into an intergovernmental agreement, approved by the elected | ||||||
| 2 | school board of that district, with the municipality or county | ||||||
| 3 | with jurisdiction over that school district for the | ||||||
| 4 | administration of the automated traffic law enforcement | ||||||
| 5 | system. The proceeds from a school district's automated | ||||||
| 6 | traffic law enforcement system's fines shall be divided | ||||||
| 7 | equally between the school district and the municipality or | ||||||
| 8 | county administering the automated traffic law enforcement | ||||||
| 9 | system. | ||||||
| 10 | (s) If a county or municipality changes the vendor it uses | ||||||
| 11 | for its automated traffic law enforcement system and must, as | ||||||
| 12 | a consequence, apply for a permit, approval, or other | ||||||
| 13 | authorization from the Department for reinstallation of one or | ||||||
| 14 | more malfunctioning components of that system and if, at the | ||||||
| 15 | time of the application, the new vendor operates an automated | ||||||
| 16 | traffic law enforcement system for any other county or | ||||||
| 17 | municipality in the State, then the Department shall approve | ||||||
| 18 | or deny the county or municipality's application for that | ||||||
| 19 | permit, approval, or other authorization within 90 days after | ||||||
| 20 | its receipt. | ||||||
| 21 | (t) The Department may revoke any permit, approval, or | ||||||
| 22 | other authorization granted to a county or municipality for | ||||||
| 23 | the placement, installation, or operation of an automated | ||||||
| 24 | traffic law enforcement system if any official or employee who | ||||||
| 25 | serves that county or municipality is charged with bribery, | ||||||
| 26 | official misconduct, or a similar crime related to the | ||||||
| |||||||
| |||||||
| 1 | placement, installation, or operation of the automated traffic | ||||||
| 2 | law enforcement system in the county or municipality. | ||||||
| 3 | The Department shall adopt any rules necessary to | ||||||
| 4 | implement and administer this subsection. The rules adopted by | ||||||
| 5 | the Department shall describe the revocation process, shall | ||||||
| 6 | ensure that notice of the revocation is provided, and shall | ||||||
| 7 | provide an opportunity to appeal the revocation. Any county or | ||||||
| 8 | municipality that has a permit, approval, or other | ||||||
| 9 | authorization revoked under this subsection may not reapply | ||||||
| 10 | for such a permit, approval, or other authorization for a | ||||||
| 11 | period of 1 year after the revocation. | ||||||
| 12 | (Source: P.A. 102-905, eff. 1-1-23; 102-982, eff. 7-1-23; | ||||||
| 13 | 103-154, eff. 6-30-23; 103-364, eff. 7-28-23.) | ||||||
| 14 | (625 ILCS 5/11-1201.1) | ||||||
| 15 | Sec. 11-1201.1. Automated railroad crossing enforcement | ||||||
| 16 | system. | ||||||
| 17 | (a) For the purposes of this Section, an automated | ||||||
| 18 | railroad grade crossing enforcement system is a system in a | ||||||
| 19 | municipality or county operated by a governmental agency that | ||||||
| 20 | produces a recorded image of a motor vehicle's violation of a | ||||||
| 21 | provision of this Code or local ordinance and is designed to | ||||||
| 22 | obtain a clear recorded image of the vehicle and vehicle's | ||||||
| 23 | license plate. The recorded image must also display the time, | ||||||
| 24 | date, and location of the violation. | ||||||
| 25 | As used in this Section, "recorded images" means images | ||||||
| |||||||
| |||||||
| 1 | recorded by an automated railroad grade crossing enforcement | ||||||
| 2 | system on: | ||||||
| 3 | (1) 2 or more photographs; | ||||||
| 4 | (2) 2 or more microphotographs; | ||||||
| 5 | (3) 2 or more electronic images; or | ||||||
| 6 | (4) a video recording showing the motor vehicle and, | ||||||
| 7 | on at least one image or portion of the recording, clearly | ||||||
| 8 | identifying the registration plate or digital registration | ||||||
| 9 | plate number of the motor vehicle. | ||||||
| 10 | (b) The Illinois Commerce Commission may, in cooperation | ||||||
| 11 | with a local law enforcement agency, establish in any county | ||||||
| 12 | or municipality an automated railroad grade crossing | ||||||
| 13 | enforcement system at any railroad grade crossing equipped | ||||||
| 14 | with a crossing gate designated by local authorities. Local | ||||||
| 15 | authorities desiring the establishment of an automated | ||||||
| 16 | railroad crossing enforcement system must initiate the process | ||||||
| 17 | by enacting a local ordinance requesting the creation of such | ||||||
| 18 | a system. After the ordinance has been enacted, and before any | ||||||
| 19 | additional steps toward the establishment of the system are | ||||||
| 20 | undertaken, the local authorities and the Commission must | ||||||
| 21 | agree to a plan for obtaining, from any combination of | ||||||
| 22 | federal, State, and local funding sources, the moneys required | ||||||
| 23 | for the purchase and installation of any necessary equipment. | ||||||
| 24 | (b-1) (Blank). | ||||||
| 25 | (c) For each violation of Section 11-1201 of this Code or a | ||||||
| 26 | local ordinance recorded by an automated railroad grade | ||||||
| |||||||
| |||||||
| 1 | crossing enforcement system, the county or municipality having | ||||||
| 2 | jurisdiction shall issue a written notice of the violation to | ||||||
| 3 | the registered owner of the vehicle as the alleged violator. | ||||||
| 4 | The notice shall be delivered to the registered owner of the | ||||||
| 5 | vehicle, by mail, no later than 90 days after the violation. | ||||||
| 6 | The notice shall include: | ||||||
| 7 | (1) the name and address of the registered owner of | ||||||
| 8 | the vehicle; | ||||||
| 9 | (2) the registration number of the motor vehicle | ||||||
| 10 | involved in the violation; | ||||||
| 11 | (3) the violation charged; | ||||||
| 12 | (4) the location where the violation occurred; | ||||||
| 13 | (5) the date and time of the violation; | ||||||
| 14 | (6) a copy of the recorded images; | ||||||
| 15 | (7) the amount of the civil penalty imposed and the | ||||||
| 16 | date by which the civil penalty should be paid; | ||||||
| 17 | (8) a statement that recorded images are evidence of a | ||||||
| 18 | violation of a railroad grade crossing; | ||||||
| 19 | (9) a warning that failure to pay the civil penalty or | ||||||
| 20 | to contest liability in a timely manner is an admission of | ||||||
| 21 | liability and may result in a suspension of the driving | ||||||
| 22 | privileges of the registered owner of the vehicle; and | ||||||
| 23 | (10) a statement that the person may elect to proceed | ||||||
| 24 | by: | ||||||
| 25 | (A) paying the fine; or | ||||||
| 26 | (B) challenging the charge in court, by mail, or | ||||||
| |||||||
| |||||||
| 1 | by administrative hearing. | ||||||
| 2 | (d) (Blank). | ||||||
| 3 | (d-1) (Blank). | ||||||
| 4 | (d-2) (Blank). | ||||||
| 5 | (d-3) If a person charged with a traffic violation, as a | ||||||
| 6 | result of an automated railroad grade crossing enforcement | ||||||
| 7 | system, does not pay or successfully contest the civil penalty | ||||||
| 8 | resulting from that violation, the Secretary of State shall | ||||||
| 9 | suspend the driving privileges of the registered owner of the | ||||||
| 10 | vehicle under Section 6-306.5-1 of this Code for failing to | ||||||
| 11 | pay any fine or penalty due and owing as a result of 5 | ||||||
| 12 | violations of the automated railroad grade crossing | ||||||
| 13 | enforcement system. | ||||||
| 14 | (e) Based on inspection of recorded images produced by an | ||||||
| 15 | automated railroad grade crossing enforcement system, a notice | ||||||
| 16 | alleging that the violation occurred shall be evidence of the | ||||||
| 17 | facts contained in the notice and admissible in any proceeding | ||||||
| 18 | alleging a violation under this Section. | ||||||
| 19 | (e-1) Recorded images made by an automated railroad grade | ||||||
| 20 | crossing enforcement system are confidential and shall be made | ||||||
| 21 | available only to the alleged violator and governmental and | ||||||
| 22 | law enforcement agencies for purposes of adjudicating a | ||||||
| 23 | violation of this Section, for statistical purposes, or for | ||||||
| 24 | other governmental purposes. Any recorded image evidencing a | ||||||
| 25 | violation of this Section, however, may be admissible in any | ||||||
| 26 | proceeding resulting from the issuance of the citation. | ||||||
| |||||||
| |||||||
| 1 | (e-2) The court or hearing officer may consider the | ||||||
| 2 | following in the defense of a violation: | ||||||
| 3 | (1) that the motor vehicle or registration plates or | ||||||
| 4 | digital registration plates of the motor vehicle were | ||||||
| 5 | stolen before the violation occurred and not under the | ||||||
| 6 | control of or in the possession of the owner or lessee at | ||||||
| 7 | the time of the violation; | ||||||
| 8 | (1.5) that the motor vehicle was hijacked before the | ||||||
| 9 | violation occurred and not under the control of or in the | ||||||
| 10 | possession of the owner or lessee at the time of the | ||||||
| 11 | violation; | ||||||
| 12 | (2) that the driver of the motor vehicle received a | ||||||
| 13 | Uniform Traffic Citation from a police officer at the time | ||||||
| 14 | of the violation for the same offense; | ||||||
| 15 | (3) any other evidence or issues provided by municipal | ||||||
| 16 | or county ordinance. | ||||||
| 17 | (e-3) To demonstrate that the motor vehicle was hijacked | ||||||
| 18 | or the motor vehicle or registration plates or digital | ||||||
| 19 | registration plates were stolen before the violation occurred | ||||||
| 20 | and were not under the control or possession of the owner or | ||||||
| 21 | lessee at the time of the violation, the owner or lessee must | ||||||
| 22 | submit proof that a report concerning the motor vehicle or | ||||||
| 23 | registration plates was filed with a law enforcement agency in | ||||||
| 24 | a timely manner. | ||||||
| 25 | (f) Rail crossings equipped with an automatic railroad | ||||||
| 26 | grade crossing enforcement system shall be posted with a sign | ||||||
| |||||||
| |||||||
| 1 | visible to approaching traffic stating that the railroad grade | ||||||
| 2 | crossing is being monitored, that citations will be issued, | ||||||
| 3 | and the amount of the fine for violation. | ||||||
| 4 | (g) The compensation paid for an automated railroad grade | ||||||
| 5 | crossing enforcement system must be based on the value of the | ||||||
| 6 | equipment or the services provided and may not be based on the | ||||||
| 7 | number of citations issued or the revenue generated by the | ||||||
| 8 | system. | ||||||
| 9 | (h) (Blank). | ||||||
| 10 | (i) If any part or parts of this Section are held by a | ||||||
| 11 | court of competent jurisdiction to be unconstitutional, the | ||||||
| 12 | unconstitutionality shall not affect the validity of the | ||||||
| 13 | remaining parts of this Section. The General Assembly hereby | ||||||
| 14 | declares that it would have passed the remaining parts of this | ||||||
| 15 | Section if it had known that the other part or parts of this | ||||||
| 16 | Section would be declared unconstitutional. | ||||||
| 17 | (j) Penalty. A civil fine of $250 shall be imposed for a | ||||||
| 18 | first violation of this Section, and a civil fine of $500 shall | ||||||
| 19 | be imposed for a second or subsequent violation of this | ||||||
| 20 | Section. | ||||||
| 21 | (Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21; | ||||||
| 22 | 102-813, eff. 5-13-22; 102-905, eff. 1-1-23.) | ||||||
| 23 | Section 200. The Illinois Vehicle Code is amended by | ||||||
| 24 | changing Sections 6-303, 6-306.5-1, and 6-306.9 and by adding | ||||||
| 25 | Sections 4-214.2 and 6-306.5-1 as follows: | ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/4-214.2 new) | ||||||
| 2 | Sec. 4-214.2. Failure to pay fines, charges, and costs on | ||||||
| 3 | an abandoned vehicle. | ||||||
| 4 | (a) Whenever any resident of this State fails to pay any | ||||||
| 5 | fine, charge, or cost imposed for a violation of Section 4-201 | ||||||
| 6 | of this Code, or a similar provision of a local ordinance, the | ||||||
| 7 | clerk shall notify the Secretary of State, on a report | ||||||
| 8 | prescribed by the Secretary, and the Secretary shall prohibit | ||||||
| 9 | the renewal, reissue, or reinstatement of the resident's | ||||||
| 10 | driving privileges until the fine, charge, or cost has been | ||||||
| 11 | paid in full. The clerk shall provide notice to the owner, at | ||||||
| 12 | the owner's last known address as shown on the court's | ||||||
| 13 | records, stating that the action will be effective on the 46th | ||||||
| 14 | day following the date of the above notice if payment is not | ||||||
| 15 | received in full by the court of venue. | ||||||
| 16 | (b) Following receipt of the report from the clerk, the | ||||||
| 17 | Secretary of State shall make the proper notation to the | ||||||
| 18 | owner's file to prohibit the renewal, reissue, or | ||||||
| 19 | reinstatement of the owner's driving privileges. Except as | ||||||
| 20 | provided in subsection (d) of this Section, the notation shall | ||||||
| 21 | not be removed from the owner's record until the owner | ||||||
| 22 | satisfies the outstanding fine, charge, or cost and an | ||||||
| 23 | appropriate notice on a form prescribed by the Secretary is | ||||||
| 24 | received by the Secretary from the court of venue, stating | ||||||
| 25 | that the fine, charge, or cost has been paid in full. Upon | ||||||
| |||||||
| |||||||
| 1 | payment in full of a fine, charge, or court cost which has | ||||||
| 2 | previously been reported under this Section as unpaid, the | ||||||
| 3 | clerk of the court shall present the owner with a signed | ||||||
| 4 | receipt containing the seal of the court indicating that the | ||||||
| 5 | fine, charge, or cost has been paid in full, and shall forward | ||||||
| 6 | immediately to the Secretary of State a notice stating that | ||||||
| 7 | the fine, charge, or cost has been paid in full. | ||||||
| 8 | (c) Notwithstanding the receipt of a report from the clerk | ||||||
| 9 | as prescribed in subsection (a), nothing in this Section is | ||||||
| 10 | intended to place any responsibility upon the Secretary of | ||||||
| 11 | State to provide independent notice to the owner of any | ||||||
| 12 | potential action to disallow the renewal, reissue, or | ||||||
| 13 | reinstatement of the owner's driving privileges. | ||||||
| 14 | (d) The Secretary of State shall renew, reissue, or | ||||||
| 15 | reinstate an owner's driving privileges which were previously | ||||||
| 16 | refused under this Section upon presentation of an original | ||||||
| 17 | receipt which is signed by the clerk of the court and contains | ||||||
| 18 | the seal of the court indicating that the fine, charge, or cost | ||||||
| 19 | has been paid in full. The Secretary of State shall retain the | ||||||
| 20 | receipt for his or her records. | ||||||
| 21 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303) | ||||||
| 22 | Sec. 6-303. Driving while driver's license, permit, or | ||||||
| 23 | privilege to operate a motor vehicle is suspended or revoked. | ||||||
| 24 | (a) Except as otherwise provided in subsection (a-5) or | ||||||
| 25 | (a-7), any person who drives or is in actual physical control | ||||||
| |||||||
| |||||||
| 1 | of a motor vehicle on any highway of this State at a time when | ||||||
| 2 | such person's driver's license, permit, or privilege to do so | ||||||
| 3 | or the privilege to obtain a driver's license or permit is | ||||||
| 4 | revoked or suspended as provided by this Code or the law of | ||||||
| 5 | another state, except as may be specifically allowed by a | ||||||
| 6 | judicial driving permit issued prior to January 1, 2009, | ||||||
| 7 | monitoring device driving permit, family financial | ||||||
| 8 | responsibility driving permit, probationary license to drive, | ||||||
| 9 | or a restricted driving permit issued pursuant to this Code or | ||||||
| 10 | under the law of another state, shall be guilty of a Class A | ||||||
| 11 | misdemeanor. | ||||||
| 12 | (a-3) A second or subsequent violation of subsection (a) | ||||||
| 13 | of this Section is a Class 4 felony if committed by a person | ||||||
| 14 | whose driving or operation of a motor vehicle is the proximate | ||||||
| 15 | cause of a motor vehicle crash that causes personal injury or | ||||||
| 16 | death to another. For purposes of this subsection, a personal | ||||||
| 17 | injury includes any Type A injury as indicated on the traffic | ||||||
| 18 | crash report completed by a law enforcement officer that | ||||||
| 19 | requires immediate professional attention in either a doctor's | ||||||
| 20 | office or a medical facility. A Type A injury includes severe | ||||||
| 21 | bleeding wounds, distorted extremities, and injuries that | ||||||
| 22 | require the injured party to be carried from the scene. | ||||||
| 23 | (a-5) Any person who violates this Section as provided in | ||||||
| 24 | subsection (a) while his or her driver's license, permit, or | ||||||
| 25 | privilege is revoked because of a violation of Section 9-3 of | ||||||
| 26 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| |||||||
| |||||||
| 1 | relating to the offense of reckless homicide, or a violation | ||||||
| 2 | of subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 3 | Section 11-501 of this Code, relating to the offense of | ||||||
| 4 | aggravated driving under the influence of alcohol, other drug | ||||||
| 5 | or drugs, or intoxicating compound or compounds, or any | ||||||
| 6 | combination thereof when the violation was a proximate cause | ||||||
| 7 | of a death, or a similar provision of a law of another state, | ||||||
| 8 | is guilty of a Class 4 felony. The person shall be required to | ||||||
| 9 | undergo a professional evaluation, as provided in Section | ||||||
| 10 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
| 11 | intoxicating compound problem exists and the extent of the | ||||||
| 12 | problem, and to undergo the imposition of treatment as | ||||||
| 13 | appropriate. | ||||||
| 14 | (a-7) Any person who violates this Section as provided in | ||||||
| 15 | subsection (a) while his or her driver's license or privilege | ||||||
| 16 | to drive is suspended under Section 6-306.5-1 6-306.5 or 7-702 | ||||||
| 17 | of this Code shall receive a Uniform Traffic Citation from the | ||||||
| 18 | law enforcement officer. A person who receives 3 or more | ||||||
| 19 | Uniform Traffic Citations under this subsection (a-7) without | ||||||
| 20 | paying any fees associated with the citations shall be guilty | ||||||
| 21 | of a Class A misdemeanor. | ||||||
| 22 | (a-10) A person's driver's license, permit, or privilege | ||||||
| 23 | to obtain a driver's license or permit may be subject to | ||||||
| 24 | multiple revocations, multiple suspensions, or any combination | ||||||
| 25 | of both simultaneously. No revocation or suspension shall | ||||||
| 26 | serve to negate, invalidate, cancel, postpone, or in any way | ||||||
| |||||||
| |||||||
| 1 | lessen the effect of any other revocation or suspension | ||||||
| 2 | entered prior or subsequent to any other revocation or | ||||||
| 3 | suspension. | ||||||
| 4 | (b) (Blank). | ||||||
| 5 | (b-1) Except for a person under subsection (a-7) of this | ||||||
| 6 | Section, upon receiving a report of the conviction of any | ||||||
| 7 | violation indicating a person was operating a motor vehicle | ||||||
| 8 | during the time when the person's driver's license, permit, or | ||||||
| 9 | privilege was suspended by the Secretary of State or the | ||||||
| 10 | driver's licensing administrator of another state, except as | ||||||
| 11 | specifically allowed by a probationary license, judicial | ||||||
| 12 | driving permit, restricted driving permit, or monitoring | ||||||
| 13 | device driving permit, the Secretary shall extend the | ||||||
| 14 | suspension for the same period of time as the originally | ||||||
| 15 | imposed suspension unless the suspension has already expired, | ||||||
| 16 | in which case the Secretary shall be authorized to suspend the | ||||||
| 17 | person's driving privileges for the same period of time as the | ||||||
| 18 | originally imposed suspension. | ||||||
| 19 | (b-2) Except as provided in subsection (b-6) or (a-7), | ||||||
| 20 | upon receiving a report of the conviction of any violation | ||||||
| 21 | indicating a person was operating a motor vehicle when the | ||||||
| 22 | person's driver's license, permit, or privilege was revoked by | ||||||
| 23 | the Secretary of State or the driver's license administrator | ||||||
| 24 | of any other state, except as specifically allowed by a | ||||||
| 25 | restricted driving permit issued pursuant to this Code or the | ||||||
| 26 | law of another state, the Secretary shall not issue a driver's | ||||||
| |||||||
| |||||||
| 1 | license for an additional period of one year from the date of | ||||||
| 2 | such conviction indicating such person was operating a vehicle | ||||||
| 3 | during such period of revocation. | ||||||
| 4 | (b-3) (Blank). | ||||||
| 5 | (b-4) When the Secretary of State receives a report of a | ||||||
| 6 | conviction of any violation indicating a person was operating | ||||||
| 7 | a motor vehicle that was not equipped with an ignition | ||||||
| 8 | interlock device during a time when the person was prohibited | ||||||
| 9 | from operating a motor vehicle not equipped with such a | ||||||
| 10 | device, the Secretary shall not issue a driver's license to | ||||||
| 11 | that person for an additional period of one year from the date | ||||||
| 12 | of the conviction. | ||||||
| 13 | (b-5) Any person convicted of violating this Section shall | ||||||
| 14 | serve a minimum term of imprisonment of 30 consecutive days or | ||||||
| 15 | 300 hours of community service when the person's driving | ||||||
| 16 | privilege was revoked or suspended as a result of a violation | ||||||
| 17 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 18 | Code of 2012, relating to the offense of reckless homicide, or | ||||||
| 19 | a violation of subparagraph (F) of paragraph (1) of subsection | ||||||
| 20 | (d) of Section 11-501 of this Code, relating to the offense of | ||||||
| 21 | aggravated driving under the influence of alcohol, other drug | ||||||
| 22 | or drugs, or intoxicating compound or compounds, or any | ||||||
| 23 | combination thereof when the violation was a proximate cause | ||||||
| 24 | of a death, or a similar provision of a law of another state. | ||||||
| 25 | The court may give credit toward the fulfillment of community | ||||||
| 26 | service hours for participation in activities and treatment as | ||||||
| |||||||
| |||||||
| 1 | determined by court services. | ||||||
| 2 | (b-6) Upon receiving a report of a first conviction of | ||||||
| 3 | operating a motor vehicle while the person's driver's license, | ||||||
| 4 | permit, or privilege was revoked where the revocation was for | ||||||
| 5 | a violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 6 | Criminal Code of 2012 relating to the offense of reckless | ||||||
| 7 | homicide, or a violation of subparagraph (F) of paragraph (1) | ||||||
| 8 | of subsection (d) of Section 11-501 of this Code, relating to | ||||||
| 9 | the offense of aggravated driving under the influence of | ||||||
| 10 | alcohol, other drug or drugs, or intoxicating compound or | ||||||
| 11 | compounds, or any combination thereof when the violation was a | ||||||
| 12 | proximate cause of a death, or a similar out-of-state offense, | ||||||
| 13 | the Secretary shall not issue a driver's license for an | ||||||
| 14 | additional period of 3 years from the date of such conviction. | ||||||
| 15 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
| 16 | person convicted of violating this Section shall serve a | ||||||
| 17 | minimum term of imprisonment of 10 consecutive days or 30 days | ||||||
| 18 | of community service when the person's driving privilege was | ||||||
| 19 | revoked or suspended as a result of: | ||||||
| 20 | (1) a violation of Section 11-501 of this Code or a | ||||||
| 21 | similar provision of a local ordinance relating to the | ||||||
| 22 | offense of operating or being in physical control of a | ||||||
| 23 | vehicle while under the influence of alcohol, any other | ||||||
| 24 | drug or any combination thereof; or | ||||||
| 25 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
| 26 | this Code or a similar provision of a local ordinance | ||||||
| |||||||
| |||||||
| 1 | relating to the offense of leaving the scene of a motor | ||||||
| 2 | vehicle crash involving personal injury or death; or | ||||||
| 3 | (3) a statutory summary suspension or revocation under | ||||||
| 4 | Section 11-501.1 of this Code. | ||||||
| 5 | Such sentence of imprisonment or community service shall | ||||||
| 6 | not be subject to suspension in order to reduce such sentence. | ||||||
| 7 | (c-1) Except as provided in subsections (a-7), (c-5), and | ||||||
| 8 | (d), any person convicted of a second violation of this | ||||||
| 9 | Section shall be ordered by the court to serve a minimum of 100 | ||||||
| 10 | hours of community service. The court may give credit toward | ||||||
| 11 | the fulfillment of community service hours for participation | ||||||
| 12 | in activities and treatment as determined by court services. | ||||||
| 13 | (c-2) In addition to other penalties imposed under this | ||||||
| 14 | Section, the court may impose on any person convicted a fourth | ||||||
| 15 | time of violating this Section any of the following: | ||||||
| 16 | (1) Seizure of the license plates of the person's | ||||||
| 17 | vehicle. | ||||||
| 18 | (2) Immobilization of the person's vehicle for a | ||||||
| 19 | period of time to be determined by the court. | ||||||
| 20 | (c-3) Any person convicted of a violation of this Section | ||||||
| 21 | during a period of summary suspension imposed pursuant to | ||||||
| 22 | Section 11-501.1 when the person was eligible for a monitoring | ||||||
| 23 | device driving permit shall be guilty of a Class 4 felony and | ||||||
| 24 | shall serve a minimum term of imprisonment of 30 days. | ||||||
| 25 | (c-4) Any person who has been issued a monitoring device | ||||||
| 26 | driving permit or a restricted driving permit which requires | ||||||
| |||||||
| |||||||
| 1 | the person to operate only motor vehicles equipped with an | ||||||
| 2 | ignition interlock device and who is convicted of a violation | ||||||
| 3 | of this Section as a result of operating or being in actual | ||||||
| 4 | physical control of a motor vehicle not equipped with an | ||||||
| 5 | ignition interlock device at the time of the offense shall be | ||||||
| 6 | guilty of a Class 4 felony and shall serve a minimum term of | ||||||
| 7 | imprisonment of 30 days. | ||||||
| 8 | (c-5) Any person convicted of a second violation of this | ||||||
| 9 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
| 10 | probation or conditional discharge, and shall serve a | ||||||
| 11 | mandatory term of imprisonment, if: | ||||||
| 12 | (1) the current violation occurred when the person's | ||||||
| 13 | driver's license was suspended or revoked for a violation | ||||||
| 14 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 15 | Code of 2012, relating to the offense of reckless | ||||||
| 16 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
| 17 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
| 18 | relating to the offense of aggravated driving under the | ||||||
| 19 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
| 20 | compound or compounds, or any combination thereof when the | ||||||
| 21 | violation was a proximate cause of a death, or a similar | ||||||
| 22 | out-of-state offense; and | ||||||
| 23 | (2) the prior conviction under this Section occurred | ||||||
| 24 | while the person's driver's license was suspended or | ||||||
| 25 | revoked for a violation of Section 9-3 of the Criminal | ||||||
| 26 | Code of 1961 or the Criminal Code of 2012 relating to the | ||||||
| |||||||
| |||||||
| 1 | offense of reckless homicide, or a violation of | ||||||
| 2 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 3 | Section 11-501 of this Code, relating to the offense of | ||||||
| 4 | aggravated driving under the influence of alcohol, other | ||||||
| 5 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 6 | any combination thereof when the violation was a proximate | ||||||
| 7 | cause of a death, or a similar out-of-state offense, or | ||||||
| 8 | was suspended or revoked for a violation of Section 11-401 | ||||||
| 9 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
| 10 | similar provision of a local ordinance, or a statutory | ||||||
| 11 | summary suspension or revocation under Section 11-501.1 of | ||||||
| 12 | this Code. | ||||||
| 13 | (d) Any person convicted of a second violation of this | ||||||
| 14 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
| 15 | minimum term of imprisonment of 30 days or 300 hours of | ||||||
| 16 | community service, as determined by the court, if: | ||||||
| 17 | (1) the current violation occurred when the person's | ||||||
| 18 | driver's license was suspended or revoked for a violation | ||||||
| 19 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
| 20 | out-of-state offense, a similar provision of a local | ||||||
| 21 | ordinance, or a statutory summary suspension or revocation | ||||||
| 22 | under Section 11-501.1 of this Code; and | ||||||
| 23 | (2) the prior conviction under this Section occurred | ||||||
| 24 | while the person's driver's license was suspended or | ||||||
| 25 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
| 26 | this Code, a similar out-of-state offense, a similar | ||||||
| |||||||
| |||||||
| 1 | provision of a local ordinance, or a statutory summary | ||||||
| 2 | suspension or revocation under Section 11-501.1 of this | ||||||
| 3 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
| 4 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
| 5 | offense of reckless homicide, or a violation of | ||||||
| 6 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 7 | Section 11-501 of this Code, relating to the offense of | ||||||
| 8 | aggravated driving under the influence of alcohol, other | ||||||
| 9 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 10 | any combination thereof when the violation was a proximate | ||||||
| 11 | cause of a death, or a similar out-of-state offense. | ||||||
| 12 | The court may give credit toward the fulfillment of | ||||||
| 13 | community service hours for participation in activities and | ||||||
| 14 | treatment as determined by court services. | ||||||
| 15 | (d-1) Except as provided in subsections (a-7), (d-2), | ||||||
| 16 | (d-2.5), and (d-3), any person convicted of a third or | ||||||
| 17 | subsequent violation of this Section shall serve a minimum | ||||||
| 18 | term of imprisonment of 30 days or 300 hours of community | ||||||
| 19 | service, as determined by the court. The court may give credit | ||||||
| 20 | toward the fulfillment of community service hours for | ||||||
| 21 | participation in activities and treatment as determined by | ||||||
| 22 | court services. | ||||||
| 23 | (d-2) Any person convicted of a third violation of this | ||||||
| 24 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
| 25 | term of imprisonment of 30 days, if: | ||||||
| 26 | (1) the current violation occurred when the person's | ||||||
| |||||||
| |||||||
| 1 | driver's license was suspended or revoked for a violation | ||||||
| 2 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
| 3 | out-of-state offense, or a similar provision of a local | ||||||
| 4 | ordinance, or a statutory summary suspension or revocation | ||||||
| 5 | under Section 11-501.1 of this Code; and | ||||||
| 6 | (2) the prior convictions under this Section occurred | ||||||
| 7 | while the person's driver's license was suspended or | ||||||
| 8 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
| 9 | this Code, a similar out-of-state offense, a similar | ||||||
| 10 | provision of a local ordinance, or a statutory summary | ||||||
| 11 | suspension or revocation under Section 11-501.1 of this | ||||||
| 12 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
| 13 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
| 14 | offense of reckless homicide, or a violation of | ||||||
| 15 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 16 | Section 11-501 of this Code, relating to the offense of | ||||||
| 17 | aggravated driving under the influence of alcohol, other | ||||||
| 18 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 19 | any combination thereof when the violation was a proximate | ||||||
| 20 | cause of a death, or a similar out-of-state offense. | ||||||
| 21 | (d-2.5) Any person convicted of a third violation of this | ||||||
| 22 | Section is guilty of a Class 1 felony, is not eligible for | ||||||
| 23 | probation or conditional discharge, and must serve a mandatory | ||||||
| 24 | term of imprisonment, if: | ||||||
| 25 | (1) the current violation occurred while the person's | ||||||
| 26 | driver's license was suspended or revoked for a violation | ||||||
| |||||||
| |||||||
| 1 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 2 | Code of 2012, relating to the offense of reckless | ||||||
| 3 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
| 4 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
| 5 | relating to the offense of aggravated driving under the | ||||||
| 6 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
| 7 | compound or compounds, or any combination thereof when the | ||||||
| 8 | violation was a proximate cause of a death, or a similar | ||||||
| 9 | out-of-state offense. The person's driving privileges | ||||||
| 10 | shall be revoked for the remainder of the person's life; | ||||||
| 11 | and | ||||||
| 12 | (2) the prior convictions under this Section occurred | ||||||
| 13 | while the person's driver's license was suspended or | ||||||
| 14 | revoked for a violation of Section 9-3 of the Criminal | ||||||
| 15 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
| 16 | offense of reckless homicide, or a violation of | ||||||
| 17 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 18 | Section 11-501 of this Code, relating to the offense of | ||||||
| 19 | aggravated driving under the influence of alcohol, other | ||||||
| 20 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 21 | any combination thereof when the violation was a proximate | ||||||
| 22 | cause of a death, or a similar out-of-state offense, or | ||||||
| 23 | was suspended or revoked for a violation of Section 11-401 | ||||||
| 24 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
| 25 | similar provision of a local ordinance, or a statutory | ||||||
| 26 | summary suspension or revocation under Section 11-501.1 of | ||||||
| |||||||
| |||||||
| 1 | this Code. | ||||||
| 2 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
| 3 | seventh, eighth, or ninth violation of this Section is guilty | ||||||
| 4 | of a Class 4 felony and must serve a minimum term of | ||||||
| 5 | imprisonment of 180 days, if: | ||||||
| 6 | (1) the current violation occurred when the person's | ||||||
| 7 | driver's license was suspended or revoked for a violation | ||||||
| 8 | of Section 11-401 or 11-501 of this Code, a similar | ||||||
| 9 | out-of-state offense, a similar provision of a local | ||||||
| 10 | ordinance, or a statutory summary suspension or revocation | ||||||
| 11 | under Section 11-501.1 of this Code; and | ||||||
| 12 | (2) the prior convictions under this Section occurred | ||||||
| 13 | while the person's driver's license was suspended or | ||||||
| 14 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
| 15 | this Code, a similar out-of-state offense, a similar | ||||||
| 16 | provision of a local ordinance, or a statutory summary | ||||||
| 17 | suspension or revocation under Section 11-501.1 of this | ||||||
| 18 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
| 19 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
| 20 | offense of reckless homicide, or a violation of | ||||||
| 21 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 22 | Section 11-501 of this Code, relating to the offense of | ||||||
| 23 | aggravated driving under the influence of alcohol, other | ||||||
| 24 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 25 | any combination thereof when the violation was a proximate | ||||||
| 26 | cause of a death, or a similar out-of-state offense. | ||||||
| |||||||
| |||||||
| 1 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
| 2 | violation of this Section is guilty of a Class 1 felony, is not | ||||||
| 3 | eligible for probation or conditional discharge, must serve a | ||||||
| 4 | mandatory term of imprisonment, and is eligible for an | ||||||
| 5 | extended term, if: | ||||||
| 6 | (1) the current violation occurred when the person's | ||||||
| 7 | driver's license was suspended or revoked for a violation | ||||||
| 8 | of Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
| 9 | Code of 2012, relating to the offense of reckless | ||||||
| 10 | homicide, or a violation of subparagraph (F) of paragraph | ||||||
| 11 | (1) of subsection (d) of Section 11-501 of this Code, | ||||||
| 12 | relating to the offense of aggravated driving under the | ||||||
| 13 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
| 14 | compound or compounds, or any combination thereof when the | ||||||
| 15 | violation was a proximate cause of a death, or a similar | ||||||
| 16 | out-of-state offense; and | ||||||
| 17 | (2) the prior convictions under this Section occurred | ||||||
| 18 | while the person's driver's license was suspended or | ||||||
| 19 | revoked for a violation of Section 9-3 of the Criminal | ||||||
| 20 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
| 21 | offense of reckless homicide, or a violation of | ||||||
| 22 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 23 | Section 11-501 of this Code, relating to the offense of | ||||||
| 24 | aggravated driving under the influence of alcohol, other | ||||||
| 25 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 26 | any combination thereof when the violation was a proximate | ||||||
| |||||||
| |||||||
| 1 | cause of a death, or a similar out-of-state offense, or | ||||||
| 2 | was suspended or revoked for a violation of Section 11-401 | ||||||
| 3 | or 11-501 of this Code, a similar out-of-state offense, a | ||||||
| 4 | similar provision of a local ordinance, or a statutory | ||||||
| 5 | summary suspension or revocation under Section 11-501.1 of | ||||||
| 6 | this Code. | ||||||
| 7 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
| 8 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
| 9 | of a Class 3 felony, and is not eligible for probation or | ||||||
| 10 | conditional discharge, if: | ||||||
| 11 | (1) the current violation occurred when the person's | ||||||
| 12 | driver's license was suspended or revoked for a violation | ||||||
| 13 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
| 14 | out-of-state offense, or a similar provision of a local | ||||||
| 15 | ordinance, or a statutory summary suspension or revocation | ||||||
| 16 | under Section 11-501.1 of this Code; and | ||||||
| 17 | (2) the prior convictions under this Section occurred | ||||||
| 18 | while the person's driver's license was suspended or | ||||||
| 19 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
| 20 | this Code, a similar out-of-state offense, a similar | ||||||
| 21 | provision of a local ordinance, or a statutory suspension | ||||||
| 22 | or revocation under Section 11-501.1 of this Code, or for | ||||||
| 23 | a violation of Section 9-3 of the Criminal Code of 1961 or | ||||||
| 24 | the Criminal Code of 2012, relating to the offense of | ||||||
| 25 | reckless homicide, or a violation of subparagraph (F) of | ||||||
| 26 | paragraph (1) of subsection (d) of Section 11-501 of this | ||||||
| |||||||
| |||||||
| 1 | Code, relating to the offense of aggravated driving under | ||||||
| 2 | the influence of alcohol, other drug or drugs, or | ||||||
| 3 | intoxicating compound or compounds, or any combination | ||||||
| 4 | thereof when the violation was a proximate cause of a | ||||||
| 5 | death, or a similar out-of-state offense. | ||||||
| 6 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
| 7 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
| 8 | not eligible for probation or conditional discharge, if: | ||||||
| 9 | (1) the current violation occurred when the person's | ||||||
| 10 | driver's license was suspended or revoked for a violation | ||||||
| 11 | of Section 11-401 or 11-501 of this Code, or a similar | ||||||
| 12 | out-of-state offense, or a similar provision of a local | ||||||
| 13 | ordinance, or a statutory summary suspension or revocation | ||||||
| 14 | under Section 11-501.1 of this Code; and | ||||||
| 15 | (2) the prior convictions under this Section occurred | ||||||
| 16 | while the person's driver's license was suspended or | ||||||
| 17 | revoked for a violation of Section 11-401 or 11-501 of | ||||||
| 18 | this Code, a similar out-of-state offense, a similar | ||||||
| 19 | provision of a local ordinance, or a statutory summary | ||||||
| 20 | suspension or revocation under Section 11-501.1 of this | ||||||
| 21 | Code, or for a violation of Section 9-3 of the Criminal | ||||||
| 22 | Code of 1961 or the Criminal Code of 2012, relating to the | ||||||
| 23 | offense of reckless homicide, or a violation of | ||||||
| 24 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 25 | Section 11-501 of this Code, relating to the offense of | ||||||
| 26 | aggravated driving under the influence of alcohol, other | ||||||
| |||||||
| |||||||
| 1 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 2 | any combination thereof when the violation was a proximate | ||||||
| 3 | cause of a death, or a similar out-of-state offense. | ||||||
| 4 | (e) Any person in violation of this Section who is also in | ||||||
| 5 | violation of Section 7-601 of this Code relating to mandatory | ||||||
| 6 | insurance requirements, in addition to other penalties imposed | ||||||
| 7 | under this Section, shall have his or her motor vehicle | ||||||
| 8 | immediately impounded by the arresting law enforcement | ||||||
| 9 | officer. The motor vehicle may be released to any licensed | ||||||
| 10 | driver upon a showing of proof of insurance for the vehicle | ||||||
| 11 | that was impounded and the notarized written consent for the | ||||||
| 12 | release by the vehicle owner. | ||||||
| 13 | (f) For any prosecution under this Section, a certified | ||||||
| 14 | copy of the driving abstract of the defendant shall be | ||||||
| 15 | admitted as proof of any prior conviction. | ||||||
| 16 | (g) The motor vehicle used in a violation of this Section | ||||||
| 17 | is subject to seizure and forfeiture as provided in Sections | ||||||
| 18 | 36-1 and 36-2 of the Criminal Code of 2012 if the person's | ||||||
| 19 | driving privilege was revoked or suspended as a result of: | ||||||
| 20 | (1) a violation of Section 11-501 of this Code, a | ||||||
| 21 | similar provision of a local ordinance, or a similar | ||||||
| 22 | provision of a law of another state; | ||||||
| 23 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
| 24 | this Code, a similar provision of a local ordinance, or a | ||||||
| 25 | similar provision of a law of another state; | ||||||
| 26 | (3) a statutory summary suspension or revocation under | ||||||
| |||||||
| |||||||
| 1 | Section 11-501.1 of this Code or a similar provision of a | ||||||
| 2 | law of another state; or | ||||||
| 3 | (4) a violation of Section 9-3 of the Criminal Code of | ||||||
| 4 | 1961 or the Criminal Code of 2012 relating to the offense | ||||||
| 5 | of reckless homicide, or a violation of subparagraph (F) | ||||||
| 6 | of paragraph (1) of subsection (d) of Section 11-501 of | ||||||
| 7 | this Code, relating to the offense of aggravated driving | ||||||
| 8 | under the influence of alcohol, other drug or drugs, or | ||||||
| 9 | intoxicating compound or compounds, or any combination | ||||||
| 10 | thereof when the violation was a proximate cause of a | ||||||
| 11 | death, or a similar provision of a law of another state. | ||||||
| 12 | (Source: P.A. 101-81, eff. 7-12-19; 102-982, eff. 7-1-23.) | ||||||
| 13 | (625 ILCS 5/6-306.5-1 new) | ||||||
| 14 | Sec. 6-306.5-1. Failure to pay fine or penalty for | ||||||
| 15 | standing, parking, compliance, automated speed enforcement | ||||||
| 16 | system, or automated traffic law violations; suspension of | ||||||
| 17 | driving privileges. | ||||||
| 18 | (a) Upon receipt of a certified report, as prescribed by | ||||||
| 19 | subsection (c) of this Section, from any municipality or | ||||||
| 20 | county stating that the owner of a registered vehicle has | ||||||
| 21 | failed to pay any fine or penalty due and owing as a result of | ||||||
| 22 | 5 offenses for automated speed enforcement system violations | ||||||
| 23 | or automated traffic violations as defined in Sections | ||||||
| 24 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination | ||||||
| 25 | thereof, or is more than 14 days in default of a payment plan | ||||||
| |||||||
| |||||||
| 1 | pursuant to which a suspension had been terminated under | ||||||
| 2 | subsection (c) of this Section, the Secretary of State shall | ||||||
| 3 | suspend the driving privileges of such person in accordance | ||||||
| 4 | with the procedures set forth in this Section. The Secretary | ||||||
| 5 | shall also suspend the driving privileges of an owner of a | ||||||
| 6 | registered vehicle upon receipt of a certified report, as | ||||||
| 7 | prescribed by subsection (f) of this Section, from any | ||||||
| 8 | municipality or county stating that such person has failed to | ||||||
| 9 | satisfy any fines or penalties imposed by final judgments for | ||||||
| 10 | 5 or more automated speed enforcement system or automated | ||||||
| 11 | traffic law violations, or combination thereof, after | ||||||
| 12 | exhaustion of judicial review procedures. | ||||||
| 13 | (b) Following receipt of the certified report of the | ||||||
| 14 | municipality or county as specified in this Section, the | ||||||
| 15 | Secretary of State shall notify the person whose name appears | ||||||
| 16 | on the certified report that the person's driver's license | ||||||
| 17 | will be suspended at the end of a specified period of time | ||||||
| 18 | unless the Secretary of State is presented with a notice from | ||||||
| 19 | the municipality or county certifying that the fine or penalty | ||||||
| 20 | due and owing the municipality or county has been paid or that | ||||||
| 21 | inclusion of that person's name on the certified report was in | ||||||
| 22 | error. The Secretary's notice shall state in substance the | ||||||
| 23 | information contained in the municipality's or county's | ||||||
| 24 | certified report to the Secretary, and shall be effective as | ||||||
| 25 | specified by subsection (c) of Section 6-211 of this Code. | ||||||
| 26 | (c) The report of the appropriate municipal or county | ||||||
| |||||||
| |||||||
| 1 | official notifying the Secretary of State of unpaid fines or | ||||||
| 2 | penalties pursuant to this Section shall be certified and | ||||||
| 3 | shall contain the following: | ||||||
| 4 | (1) The name, last known address as recorded with the | ||||||
| 5 | Secretary of State, as provided by the lessor of the cited | ||||||
| 6 | vehicle at the time of lease, or as recorded in a United | ||||||
| 7 | States Post Office approved database if any notice sent | ||||||
| 8 | under Section 11-208.3 of this Code is returned as | ||||||
| 9 | undeliverable, and driver's license number of the person | ||||||
| 10 | who failed to pay the fine or penalty or who has defaulted | ||||||
| 11 | in a payment plan and the registration number of any | ||||||
| 12 | vehicle known to be registered to such person in this | ||||||
| 13 | State. | ||||||
| 14 | (2) The name of the municipality or county making the | ||||||
| 15 | report pursuant to this Section. | ||||||
| 16 | (3) A statement that the municipality or county sent a | ||||||
| 17 | notice of impending driver's license suspension as | ||||||
| 18 | prescribed by ordinance enacted pursuant to Section | ||||||
| 19 | 11-208.3 of this Code or a notice of default in a payment | ||||||
| 20 | plan, to the person named in the report at the address | ||||||
| 21 | recorded with the Secretary of State or at the last | ||||||
| 22 | address known to the lessor of the cited vehicle at the | ||||||
| 23 | time of lease or, if any notice sent under Section | ||||||
| 24 | 11-208.3 of this Code is returned as undeliverable, at the | ||||||
| 25 | last known address recorded in a United States Post Office | ||||||
| 26 | approved database; the date on which such notice was sent; | ||||||
| |||||||
| |||||||
| 1 | and the address to which such notice was sent. In a | ||||||
| 2 | municipality or county with a population of 1,000,000 or | ||||||
| 3 | more, the report shall also include a statement that the | ||||||
| 4 | alleged violator's State vehicle registration number and | ||||||
| 5 | vehicle make, if specified on the automated speed | ||||||
| 6 | enforcement system violation or automated traffic law | ||||||
| 7 | violation notice, are correct as they appear on the | ||||||
| 8 | citations. | ||||||
| 9 | (4) A unique identifying reference number for each | ||||||
| 10 | request of suspension sent whenever a person has failed to | ||||||
| 11 | pay the fine or penalty or has defaulted on a payment plan. | ||||||
| 12 | (d) Any municipality or county making a certified report | ||||||
| 13 | to the Secretary of State pursuant to this Section shall | ||||||
| 14 | notify the Secretary of State, in a form prescribed by the | ||||||
| 15 | Secretary, whenever a person named in the certified report has | ||||||
| 16 | paid the previously reported fine or penalty, whenever a | ||||||
| 17 | person named in the certified report has entered into a | ||||||
| 18 | payment plan pursuant to which the municipality or county has | ||||||
| 19 | agreed to terminate the suspension, or whenever the | ||||||
| 20 | municipality or county determines that the original report was | ||||||
| 21 | in error. A certified copy of such notification shall also be | ||||||
| 22 | given upon request and at no additional charge to the person | ||||||
| 23 | named therein. Upon receipt of the municipality's or county's | ||||||
| 24 | notification or presentation of a certified copy of such | ||||||
| 25 | notification, the Secretary of State shall terminate the | ||||||
| 26 | suspension. | ||||||
| |||||||
| |||||||
| 1 | (e) Any municipality or county making a certified report | ||||||
| 2 | to the Secretary of State pursuant to this Section shall also | ||||||
| 3 | by ordinance establish procedures for persons to challenge the | ||||||
| 4 | accuracy of the certified report. The ordinance shall also | ||||||
| 5 | state the grounds for such a challenge, which may be limited to | ||||||
| 6 | (1) the person not having been the owner or lessee of the | ||||||
| 7 | vehicle or vehicles receiving a combination of 5 or more | ||||||
| 8 | automated speed enforcement system or automated traffic law | ||||||
| 9 | violations on the date or dates such notices were issued; and | ||||||
| 10 | (2) the person having already paid the fine or penalty for the | ||||||
| 11 | combination of 5 or more automated speed enforcement system or | ||||||
| 12 | automated traffic law violations indicated on the certified | ||||||
| 13 | report. | ||||||
| 14 | (f) Any municipality or county, other than a municipality | ||||||
| 15 | or county establishing automated speed enforcement system | ||||||
| 16 | regulations under Section 11-208.8, or automated traffic law | ||||||
| 17 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
| 18 | may also cause a suspension of a person's driver's license | ||||||
| 19 | pursuant to this Section. Such municipality or county may | ||||||
| 20 | invoke this sanction by making a certified report to the | ||||||
| 21 | Secretary of State upon a person's failure to satisfy any fine | ||||||
| 22 | or penalty imposed by final judgment for a combination of 5 or | ||||||
| 23 | more automated speed enforcement system or automated traffic | ||||||
| 24 | law violations after exhaustion of judicial review procedures, | ||||||
| 25 | but only if: | ||||||
| 26 | (1) the municipality or county complies with the | ||||||
| |||||||
| |||||||
| 1 | provisions of this Section in all respects except in | ||||||
| 2 | regard to enacting an ordinance pursuant to Section | ||||||
| 3 | 11-208.3; | ||||||
| 4 | (2) the municipality or county has sent a notice of | ||||||
| 5 | impending driver's license suspension as prescribed by an | ||||||
| 6 | ordinance enacted pursuant to subsection (g) of this | ||||||
| 7 | Section; and | ||||||
| 8 | (3) in municipalities or counties with a population of | ||||||
| 9 | 1,000,000 or more, the municipality or county has verified | ||||||
| 10 | that the alleged violator's State vehicle registration | ||||||
| 11 | number and vehicle make are correct as they appear on the | ||||||
| 12 | citations. | ||||||
| 13 | (g) Any municipality or county, other than a municipality | ||||||
| 14 | or county establishing automated speed enforcement system | ||||||
| 15 | regulations under Section 11-208.8, or automated traffic law | ||||||
| 16 | regulations under Section 11-208.6, 11-208.9, or 11-1201.1, | ||||||
| 17 | may provide by ordinance for the sending of a notice of | ||||||
| 18 | impending driver's license suspension to the person who has | ||||||
| 19 | failed to satisfy any fine or penalty imposed by final | ||||||
| 20 | judgment for a combination of 5 or more automated speed | ||||||
| 21 | enforcement system or automated traffic law violations after | ||||||
| 22 | exhaustion of judicial review procedures. An ordinance so | ||||||
| 23 | providing shall specify that the notice sent to the person | ||||||
| 24 | liable for any fine or penalty shall state that failure to pay | ||||||
| 25 | the fine or penalty owing within 45 days of the notice's date | ||||||
| 26 | will result in the municipality or county notifying the | ||||||
| |||||||
| |||||||
| 1 | Secretary of State that the person's driver's license is | ||||||
| 2 | eligible for suspension pursuant to this Section. The notice | ||||||
| 3 | of impending driver's license suspension shall be sent by | ||||||
| 4 | first class United States mail, postage prepaid, to the | ||||||
| 5 | address recorded with the Secretary of State or at the last | ||||||
| 6 | address known to the lessor of the cited vehicle at the time of | ||||||
| 7 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
| 8 | Code is returned as undeliverable, to the last known address | ||||||
| 9 | recorded in a United States Post Office approved database. | ||||||
| 10 | (h) An administrative hearing to contest an impending | ||||||
| 11 | suspension or a suspension made pursuant to this Section may | ||||||
| 12 | be had upon filing a written request with the Secretary of | ||||||
| 13 | State. The filing fee for this hearing shall be $20, to be paid | ||||||
| 14 | at the time the request is made. A municipality or county which | ||||||
| 15 | files a certified report with the Secretary of State pursuant | ||||||
| 16 | to this Section shall reimburse the Secretary for all | ||||||
| 17 | reasonable costs incurred by the Secretary as a result of the | ||||||
| 18 | filing of the report, including, but not limited to, the costs | ||||||
| 19 | of providing the notice required pursuant to subsection (b) | ||||||
| 20 | and the costs incurred by the Secretary in any hearing | ||||||
| 21 | conducted with respect to the report pursuant to this | ||||||
| 22 | subsection and any appeal from such a hearing. | ||||||
| 23 | (i) The provisions of this Section shall apply on and | ||||||
| 24 | after January 1, 1988. | ||||||
| 25 | (j) For purposes of this Section, the term "compliance | ||||||
| 26 | violation" is defined as in Section 11-208.3. | ||||||
| |||||||
| |||||||
| 1 | (625 ILCS 5/6-306.9 new) | ||||||
| 2 | Sec. 6-306.9. Failure to pay traffic fines, penalties, or | ||||||
| 3 | court costs. | ||||||
| 4 | (a) Whenever any resident of this State fails to pay any | ||||||
| 5 | traffic fine, penalty, or cost imposed for a violation of this | ||||||
| 6 | Code, or similar provision of local ordinance, the clerk may | ||||||
| 7 | notify the Secretary of State, on a report prescribed by the | ||||||
| 8 | Secretary, and the Secretary shall prohibit the renewal, | ||||||
| 9 | reissue or reinstatement of such resident's driving privileges | ||||||
| 10 | until such fine, penalty, or cost has been paid in full. The | ||||||
| 11 | clerk shall provide notice to the driver, at the driver's last | ||||||
| 12 | known address as shown on the court's records, stating that | ||||||
| 13 | such action will be effective on the 46th day following the | ||||||
| 14 | date of the above notice if payment is not received in full by | ||||||
| 15 | the court of venue. | ||||||
| 16 | (a-1) Whenever any resident of this State who has made a | ||||||
| 17 | partial payment on any traffic fine, penalty, or cost that was | ||||||
| 18 | imposed under a conviction entered on or after January 1, 2005 | ||||||
| 19 | (the effective date of Public Act 93-788), for a violation of | ||||||
| 20 | this Code or a similar provision of a local ordinance, fails to | ||||||
| 21 | pay the remainder of the outstanding fine, penalty, or cost | ||||||
| 22 | within the time limit set by the court, the clerk may notify | ||||||
| 23 | the Secretary of State, on a report prescribed by the | ||||||
| 24 | Secretary, and the Secretary shall prohibit the renewal, | ||||||
| 25 | reissue, or reinstatement of the resident's driving privileges | ||||||
| |||||||
| |||||||
| 1 | until the fine, penalty, or cost has been paid in full. The | ||||||
| 2 | clerk shall provide notice to the driver, at the driver's last | ||||||
| 3 | known address as shown on the court's records, stating that | ||||||
| 4 | the action will be effective on the 46th day following the date | ||||||
| 5 | of the notice if payment is not received in full by the court | ||||||
| 6 | of venue. | ||||||
| 7 | (b) Except as provided in subsection (b-1), following | ||||||
| 8 | receipt of the report from the clerk, the Secretary of State | ||||||
| 9 | shall make the proper notation to the driver's file to | ||||||
| 10 | prohibit the renewal, reissue or reinstatement of such | ||||||
| 11 | driver's driving privileges. Except as provided in paragraph | ||||||
| 12 | (2) of subsection (d) of this Section, such notation shall not | ||||||
| 13 | be removed from the driver's record until the driver satisfies | ||||||
| 14 | the outstanding fine, penalty, or cost and an appropriate | ||||||
| 15 | notice on a form prescribed by the Secretary is received by the | ||||||
| 16 | Secretary from the court of venue, stating that such fine, | ||||||
| 17 | penalty, or cost has been paid in full. Upon payment in full of | ||||||
| 18 | a traffic fine, penalty, or court cost which has previously | ||||||
| 19 | been reported under this Section as unpaid, the clerk of the | ||||||
| 20 | court shall present the driver with a signed receipt | ||||||
| 21 | containing the seal of the court indicating that such fine, | ||||||
| 22 | penalty, or cost has been paid in full, and shall forward | ||||||
| 23 | forthwith to the Secretary of State a notice stating that the | ||||||
| 24 | fine, penalty, or cost has been paid in full. | ||||||
| 25 | (b-1) In a county with a population of 3,000,000 or more, | ||||||
| 26 | following receipt of the report from the clerk, the Secretary | ||||||
| |||||||
| |||||||
| 1 | of State shall make the proper notation to the driver's file to | ||||||
| 2 | prohibit the renewal, reissue or reinstatement of such | ||||||
| 3 | driver's driving privileges. Such notation shall not be | ||||||
| 4 | removed from the driver's record until the driver satisfies | ||||||
| 5 | the outstanding fine, penalty, or cost and an appropriate | ||||||
| 6 | notice on a form prescribed by the Secretary is received by the | ||||||
| 7 | Secretary directly from the court of venue, stating that such | ||||||
| 8 | fine, penalty, or cost has been paid in full. Upon payment in | ||||||
| 9 | full of a traffic fine, penalty, or court cost which has | ||||||
| 10 | previously been reported under this Section as unpaid, the | ||||||
| 11 | clerk of the court shall forward forthwith directly to the | ||||||
| 12 | Secretary of State a notice stating that the fine, penalty, or | ||||||
| 13 | cost has been paid in full and shall provide the driver with a | ||||||
| 14 | signed receipt containing the seal of the court, indicating | ||||||
| 15 | that the fine, penalty, and cost have been paid in full. The | ||||||
| 16 | receipt may not be used by the driver to clear the driver's | ||||||
| 17 | record. | ||||||
| 18 | (c) The provisions of this Section shall be limited to a | ||||||
| 19 | single action per arrest and as a post conviction measure | ||||||
| 20 | only. Fines, penalty, or costs to be collected subsequent to | ||||||
| 21 | orders of court supervision, or other available court | ||||||
| 22 | diversions are not applicable to this Section. | ||||||
| 23 | (d)(1) Notwithstanding the receipt of a report from the | ||||||
| 24 | clerk as prescribed in subsections (a) and (e), nothing in | ||||||
| 25 | this Section is intended to place any responsibility upon the | ||||||
| 26 | Secretary of State to provide independent notice to the driver | ||||||
| |||||||
| |||||||
| 1 | of any potential action to disallow the renewal, reissue or | ||||||
| 2 | reinstatement of such driver's driving privileges. | ||||||
| 3 | (2) Except as provided in subsection (b-1), the Secretary | ||||||
| 4 | of State shall renew, reissue or reinstate a driver's driving | ||||||
| 5 | privileges which were previously refused pursuant to this | ||||||
| 6 | Section upon presentation of an original receipt which is | ||||||
| 7 | signed by the clerk of the court and contains the seal of the | ||||||
| 8 | court indicating that the fine, penalty, or cost has been paid | ||||||
| 9 | in full. The Secretary of State shall retain such receipt for | ||||||
| 10 | his records. | ||||||
| 11 | (e) Upon receipt of notification from another state that | ||||||
| 12 | is a member of the Nonresident Violator Compact of 1977, | ||||||
| 13 | stating a resident of this State failed to pay a traffic fine, | ||||||
| 14 | penalty, or cost imposed for a violation that occurs in | ||||||
| 15 | another state, the Secretary shall make the proper notation to | ||||||
| 16 | the driver's license file to prohibit the renewal, reissue, or | ||||||
| 17 | reinstatement of the resident's driving privileges until the | ||||||
| 18 | fine, penalty, or cost has been paid in full. The Secretary of | ||||||
| 19 | State shall renew, reissue, or reinstate the driver's driving | ||||||
| 20 | privileges that were previously refused under this Section | ||||||
| 21 | upon receipt of notification from the other state that | ||||||
| 22 | indicates that the fine, penalty, or cost has been paid in | ||||||
| 23 | full. The Secretary of State shall retain the out-of-state | ||||||
| 24 | receipt for his or her records. | ||||||
| 25 | Section 205. The Snowmobile Registration and Safety Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Section 5-7 as follows: | ||||||
| 2 | (625 ILCS 40/5-7) | ||||||
| 3 | Sec. 5-7. Operating a snowmobile while under the influence | ||||||
| 4 | of alcohol or other drug or drugs, intoxicating compound or | ||||||
| 5 | compounds, or a combination of them; criminal penalties; | ||||||
| 6 | suspension of operating privileges. | ||||||
| 7 | (a) A person may not operate or be in actual physical | ||||||
| 8 | control of a snowmobile within this State while: | ||||||
| 9 | 1. The alcohol concentration in that person's blood, | ||||||
| 10 | other bodily substance, or breath is a concentration at | ||||||
| 11 | which driving a motor vehicle is prohibited under | ||||||
| 12 | subdivision (1) of subsection (a) of Section 11-501 of the | ||||||
| 13 | Illinois Vehicle Code; | ||||||
| 14 | 2. The person is under the influence of alcohol; | ||||||
| 15 | 3. The person is under the influence of any other drug | ||||||
| 16 | or combination of drugs to a degree that renders that | ||||||
| 17 | person incapable of safely operating a snowmobile; | ||||||
| 18 | 3.1. The person is under the influence of any | ||||||
| 19 | intoxicating compound or combination of intoxicating | ||||||
| 20 | compounds to a degree that renders the person incapable of | ||||||
| 21 | safely operating a snowmobile; | ||||||
| 22 | 4. The person is under the combined influence of | ||||||
| 23 | alcohol and any other drug or drugs or intoxicating | ||||||
| 24 | compound or compounds to a degree that renders that person | ||||||
| 25 | incapable of safely operating a snowmobile; | ||||||
| |||||||
| |||||||
| 1 | 4.3. The person who is not a CDL holder has a | ||||||
| 2 | tetrahydrocannabinol concentration in the person's whole | ||||||
| 3 | blood or other bodily substance at which driving a motor | ||||||
| 4 | vehicle is prohibited under subdivision (7) of subsection | ||||||
| 5 | (a) of Section 11-501 of the Illinois Vehicle Code; | ||||||
| 6 | 4.5. The person who is a CDL holder has any amount of a | ||||||
| 7 | drug, substance, or compound in the person's breath, | ||||||
| 8 | blood, other bodily substance, or urine resulting from the | ||||||
| 9 | unlawful use or consumption of cannabis listed in the | ||||||
| 10 | Cannabis Control Act; or | ||||||
| 11 | 5. There is any amount of a drug, substance, or | ||||||
| 12 | compound in that person's breath, blood, other bodily | ||||||
| 13 | substance, or urine resulting from the unlawful use or | ||||||
| 14 | consumption of a controlled substance listed in the | ||||||
| 15 | Illinois Controlled Substances Act, methamphetamine as | ||||||
| 16 | listed in the Methamphetamine Control and Community | ||||||
| 17 | Protection Act, or intoxicating compound listed in the use | ||||||
| 18 | of Intoxicating Compounds Act. | ||||||
| 19 | (b) The fact that a person charged with violating this | ||||||
| 20 | Section is or has been legally entitled to use alcohol, other | ||||||
| 21 | drug or drugs, any intoxicating compound or compounds, or any | ||||||
| 22 | combination of them does not constitute a defense against a | ||||||
| 23 | charge of violating this Section. | ||||||
| 24 | (c) Every person convicted of violating this Section or a | ||||||
| 25 | similar provision of a local ordinance is guilty of a Class A | ||||||
| 26 | misdemeanor, except as otherwise provided in this Section. | ||||||
| |||||||
| |||||||
| 1 | (c-1) As used in this Section, "first time offender" means | ||||||
| 2 | any person who has not had a previous conviction or been | ||||||
| 3 | assigned supervision for violating this Section or a similar | ||||||
| 4 | provision of a local ordinance, or any person who has not had a | ||||||
| 5 | suspension imposed under subsection (e) of Section 5-7.1. | ||||||
| 6 | (c-2) For purposes of this Section, the following are | ||||||
| 7 | equivalent to a conviction: | ||||||
| 8 | (1) a forfeiture of bail or collateral deposited to | ||||||
| 9 | secure a defendant's appearance in court when forfeiture | ||||||
| 10 | has not been vacated an unvacated revocation of pretrial | ||||||
| 11 | release; or | ||||||
| 12 | (2) the failure of a defendant to appear for trial. | ||||||
| 13 | (d) Every person convicted of violating this Section is | ||||||
| 14 | guilty of a Class 4 felony if: | ||||||
| 15 | 1. The person has a previous conviction under this | ||||||
| 16 | Section; | ||||||
| 17 | 2. The offense results in personal injury where a | ||||||
| 18 | person other than the operator suffers great bodily harm | ||||||
| 19 | or permanent disability or disfigurement, when the | ||||||
| 20 | violation was a proximate cause of the injuries. A person | ||||||
| 21 | guilty of a Class 4 felony under this paragraph 2, if | ||||||
| 22 | sentenced to a term of imprisonment, shall be sentenced to | ||||||
| 23 | not less than one year nor more than 12 years; or | ||||||
| 24 | 3. The offense occurred during a period in which the | ||||||
| 25 | person's privileges to operate a snowmobile are revoked or | ||||||
| 26 | suspended, and the revocation or suspension was for a | ||||||
| |||||||
| |||||||
| 1 | violation of this Section or was imposed under Section | ||||||
| 2 | 5-7.1. | ||||||
| 3 | (e) Every person convicted of violating this Section is | ||||||
| 4 | guilty of a Class 2 felony if the offense results in the death | ||||||
| 5 | of a person. A person guilty of a Class 2 felony under this | ||||||
| 6 | subsection (e), if sentenced to a term of imprisonment, shall | ||||||
| 7 | be sentenced to a term of not less than 3 years and not more | ||||||
| 8 | than 14 years. | ||||||
| 9 | (e-1) Every person convicted of violating this Section or | ||||||
| 10 | a similar provision of a local ordinance who had a child under | ||||||
| 11 | the age of 16 on board the snowmobile at the time of offense | ||||||
| 12 | shall be subject to a mandatory minimum fine of $500 and shall | ||||||
| 13 | be subject to a mandatory minimum of 5 days of community | ||||||
| 14 | service in a program benefiting children. The assignment under | ||||||
| 15 | this subsection shall not be subject to suspension nor shall | ||||||
| 16 | the person be eligible for probation in order to reduce the | ||||||
| 17 | assignment. | ||||||
| 18 | (e-2) Every person found guilty of violating this Section, | ||||||
| 19 | whose operation of a snowmobile while in violation of this | ||||||
| 20 | Section proximately caused any incident resulting in an | ||||||
| 21 | appropriate emergency response, shall be liable for the | ||||||
| 22 | expense of an emergency response as provided in subsection (i) | ||||||
| 23 | of Section 11-501.01 of the Illinois Vehicle Code. | ||||||
| 24 | (e-3) In addition to any other penalties and liabilities, | ||||||
| 25 | a person who is found guilty of violating this Section, | ||||||
| 26 | including any person placed on court supervision, shall be | ||||||
| |||||||
| |||||||
| 1 | fined $100, payable to the circuit clerk, who shall distribute | ||||||
| 2 | the money to the law enforcement agency that made the arrest or | ||||||
| 3 | as provided in subsection (c) of Section 10-5 of the Criminal | ||||||
| 4 | and Traffic Assessment Act if the arresting agency is a State | ||||||
| 5 | agency, unless more than one agency is responsible for the | ||||||
| 6 | arrest, in which case the amount shall be remitted to each unit | ||||||
| 7 | of government equally. Any moneys received by a law | ||||||
| 8 | enforcement agency under this subsection (e-3) shall be used | ||||||
| 9 | to purchase law enforcement equipment or to provide law | ||||||
| 10 | enforcement training that will assist in the prevention of | ||||||
| 11 | alcohol related criminal violence throughout the State. Law | ||||||
| 12 | enforcement equipment shall include, but is not limited to, | ||||||
| 13 | in-car video cameras, radar and laser speed detection devices, | ||||||
| 14 | and alcohol breath testers. | ||||||
| 15 | (f) In addition to any criminal penalties imposed, the | ||||||
| 16 | Department of Natural Resources shall suspend the snowmobile | ||||||
| 17 | operation privileges of a person convicted or found guilty of | ||||||
| 18 | a misdemeanor under this Section for a period of one year, | ||||||
| 19 | except that first-time offenders are exempt from this | ||||||
| 20 | mandatory one-year suspension. | ||||||
| 21 | (g) In addition to any criminal penalties imposed, the | ||||||
| 22 | Department of Natural Resources shall suspend for a period of | ||||||
| 23 | 5 years the snowmobile operation privileges of any person | ||||||
| 24 | convicted or found guilty of a felony under this Section. | ||||||
| 25 | (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21; | ||||||
| 26 | 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.) | ||||||
| |||||||
| |||||||
| 1 | Section 210. The Clerks of Courts Act is amended by | ||||||
| 2 | changing Section 27.3b as follows: | ||||||
| 3 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b) | ||||||
| 4 | Sec. 27.3b. The clerk of court may accept payment of | ||||||
| 5 | fines, penalties, or costs by certified check, credit card, or | ||||||
| 6 | debit card approved by the clerk from an offender who has been | ||||||
| 7 | convicted of or placed on court supervision for a traffic | ||||||
| 8 | offense, petty offense, ordinance offense, or misdemeanor or | ||||||
| 9 | who has been convicted of a felony offense. The clerk of the | ||||||
| 10 | circuit court shall accept credit card payments over the | ||||||
| 11 | Internet for fines, penalties, court costs, or costs from | ||||||
| 12 | offenders on voluntary electronic pleas of guilty in minor | ||||||
| 13 | traffic and conservation offenses to satisfy the requirement | ||||||
| 14 | of written pleas of guilty as provided in Illinois Supreme | ||||||
| 15 | Court Rule 529. The clerk of the court may also accept payment | ||||||
| 16 | of statutory fees by a credit card or debit card. The clerk of | ||||||
| 17 | the court may also accept the credit card or debit card for the | ||||||
| 18 | cash deposit of bail bond fees. | ||||||
| 19 | The clerk of the circuit court is authorized to enter into | ||||||
| 20 | contracts with credit card or debit card companies approved by | ||||||
| 21 | the clerk and to negotiate the payment of convenience and | ||||||
| 22 | administrative fees normally charged by those companies for | ||||||
| 23 | allowing the clerk of the circuit court to accept their credit | ||||||
| 24 | cards or debit cards in payment as authorized herein. The | ||||||
| |||||||
| |||||||
| 1 | clerk of the circuit court is authorized to enter into | ||||||
| 2 | contracts with third party fund guarantors, facilitators, and | ||||||
| 3 | service providers under which those entities may contract | ||||||
| 4 | directly with customers of the clerk of the circuit court and | ||||||
| 5 | guarantee and remit the payments to the clerk of the circuit | ||||||
| 6 | court. Where the offender pays fines, penalties, or costs by | ||||||
| 7 | credit card or debit card or through a third party fund | ||||||
| 8 | guarantor, facilitator, or service provider, or anyone paying | ||||||
| 9 | statutory fees of the circuit court clerk or the posting of | ||||||
| 10 | cash bail, the clerk shall collect a service fee of up to $5 or | ||||||
| 11 | the amount charged to the clerk for use of its services by the | ||||||
| 12 | credit card or debit card issuer, third party fund guarantor, | ||||||
| 13 | facilitator, or service provider. This service fee shall be in | ||||||
| 14 | addition to any other fines, penalties, or costs. The clerk of | ||||||
| 15 | the circuit court is authorized to negotiate the assessment of | ||||||
| 16 | convenience and administrative fees by the third party fund | ||||||
| 17 | guarantors, facilitators, and service providers with the | ||||||
| 18 | revenue earned by the clerk of the circuit court to be remitted | ||||||
| 19 | to the county general revenue fund. | ||||||
| 20 | As used in this Section, "certified check" has the meaning | ||||||
| 21 | provided in Section 3-409 of the Uniform Commercial Code. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.) | ||||||
| 23 | Section 215. The Attorney Act is amended by changing | ||||||
| 24 | Section 9 as follows: | ||||||
| |||||||
| |||||||
| 1 | (705 ILCS 205/9) (from Ch. 13, par. 9) | ||||||
| 2 | Sec. 9. All attorneys and counselors at law, judges, | ||||||
| 3 | clerks and sheriffs, and all other officers of the several | ||||||
| 4 | courts within this state, shall be liable to be arrested and | ||||||
| 5 | held to bail terms of pretrial release, and shall be subject to | ||||||
| 6 | the same legal process, and may in all respects be prosecuted | ||||||
| 7 | and proceeded against in the same courts and in the same manner | ||||||
| 8 | as other persons are, any law, usage or custom to the contrary | ||||||
| 9 | notwithstanding: Provided, nevertheless, said judges, | ||||||
| 10 | counselors or attorneys, clerks, sheriffs and other officers | ||||||
| 11 | of said courts, shall be privileged from arrest while | ||||||
| 12 | attending courts, and whilst going to and returning from | ||||||
| 13 | court. | ||||||
| 14 | (Source: R.S. 1874, p. 169; P.A. 101-652, eff. 1-1-23.) | ||||||
| 15 | Section 220. The Juvenile Court Act of 1987 is amended by | ||||||
| 16 | changing Sections 1-7, 1-8, and 5-150 as follows: | ||||||
| 17 | (705 ILCS 405/1-7) | ||||||
| 18 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
| 19 | municipal ordinance violation records. | ||||||
| 20 | (A) All juvenile law enforcement records which have not | ||||||
| 21 | been expunged are confidential and may never be disclosed to | ||||||
| 22 | the general public or otherwise made widely available. | ||||||
| 23 | Juvenile law enforcement records may be obtained only under | ||||||
| 24 | this Section and Section 1-8 and Part 9 of Article V of this | ||||||
| |||||||
| |||||||
| 1 | Act, when their use is needed for good cause and with an order | ||||||
| 2 | from the juvenile court, as required by those not authorized | ||||||
| 3 | to retain them. Inspection, copying, and disclosure of | ||||||
| 4 | juvenile law enforcement records maintained by law enforcement | ||||||
| 5 | agencies or records of municipal ordinance violations | ||||||
| 6 | maintained by any State, local, or municipal agency that | ||||||
| 7 | relate to a minor who has been investigated, arrested, or | ||||||
| 8 | taken into custody before the minor's 18th birthday shall be | ||||||
| 9 | restricted to the following: | ||||||
| 10 | (0.05) The minor who is the subject of the juvenile | ||||||
| 11 | law enforcement record, the minor's parents, guardian, and | ||||||
| 12 | counsel. | ||||||
| 13 | (0.10) Judges of the circuit court and members of the | ||||||
| 14 | staff of the court designated by the judge. | ||||||
| 15 | (0.15) An administrative adjudication hearing officer | ||||||
| 16 | or members of the staff designated to assist in the | ||||||
| 17 | administrative adjudication process. | ||||||
| 18 | (1) Any local, State, or federal law enforcement | ||||||
| 19 | officers or designated law enforcement staff of any | ||||||
| 20 | jurisdiction or agency when necessary for the discharge of | ||||||
| 21 | their official duties during the investigation or | ||||||
| 22 | prosecution of a crime or relating to a minor who has been | ||||||
| 23 | adjudicated delinquent and there has been a previous | ||||||
| 24 | finding that the act which constitutes the previous | ||||||
| 25 | offense was committed in furtherance of criminal | ||||||
| 26 | activities by a criminal street gang, or, when necessary | ||||||
| |||||||
| |||||||
| 1 | for the discharge of its official duties in connection | ||||||
| 2 | with a particular investigation of the conduct of a law | ||||||
| 3 | enforcement officer, an independent agency or its staff | ||||||
| 4 | created by ordinance and charged by a unit of local | ||||||
| 5 | government with the duty of investigating the conduct of | ||||||
| 6 | law enforcement officers. For purposes of this Section, | ||||||
| 7 | "criminal street gang" has the meaning ascribed to it in | ||||||
| 8 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 9 | Prevention Act. | ||||||
| 10 | (2) Prosecutors, public defenders, probation officers, | ||||||
| 11 | social workers, or other individuals assigned by the court | ||||||
| 12 | to conduct a pre-adjudication or pre-disposition | ||||||
| 13 | investigation, and individuals responsible for supervising | ||||||
| 14 | or providing temporary or permanent care and custody for | ||||||
| 15 | minors under the order of the juvenile court, when | ||||||
| 16 | essential to performing their responsibilities. | ||||||
| 17 | (3) Federal, State, or local prosecutors, public | ||||||
| 18 | defenders, probation officers, and designated staff: | ||||||
| 19 | (a) in the course of a trial when institution of | ||||||
| 20 | criminal proceedings has been permitted or required | ||||||
| 21 | under Section 5-805; | ||||||
| 22 | (b) when institution of criminal proceedings has | ||||||
| 23 | been permitted or required under Section 5-805 and the | ||||||
| 24 | minor is the subject of a proceeding to determine the | ||||||
| 25 | amount of bail conditions of pretrial release; | ||||||
| 26 | (c) when criminal proceedings have been permitted | ||||||
| |||||||
| |||||||
| 1 | or required under Section 5-805 and the minor is the | ||||||
| 2 | subject of a pre-trial investigation, pre-sentence | ||||||
| 3 | investigation, fitness hearing, or proceedings on an | ||||||
| 4 | application for probation; or | ||||||
| 5 | (d) in the course of prosecution or administrative | ||||||
| 6 | adjudication of a violation of a traffic, boating, or | ||||||
| 7 | fish and game law, or a county or municipal ordinance. | ||||||
| 8 | (4) Adult and Juvenile Prisoner Review Board. | ||||||
| 9 | (5) Authorized military personnel. | ||||||
| 10 | (5.5) Employees of the federal government authorized | ||||||
| 11 | by law. | ||||||
| 12 | (6) Persons engaged in bona fide research, with the | ||||||
| 13 | permission of the Presiding Judge and the chief executive | ||||||
| 14 | of the respective law enforcement agency; provided that | ||||||
| 15 | publication of such research results in no disclosure of a | ||||||
| 16 | minor's identity and protects the confidentiality of the | ||||||
| 17 | minor's record. | ||||||
| 18 | (7) Department of Children and Family Services child | ||||||
| 19 | protection investigators acting in their official | ||||||
| 20 | capacity. | ||||||
| 21 | (8) The appropriate school official only if the agency | ||||||
| 22 | or officer believes that there is an imminent threat of | ||||||
| 23 | physical harm to students, school personnel, or others. | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 the minor's 18th birthday, unless | ||||||
| 9 | the 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 possession of weapons under Article 24 | ||||||
| 17 | of the Criminal Code of 1961 or the Criminal Code of 2012, a | ||||||
| 18 | Class X or Class 1 felony, a forcible felony as defined in | ||||||
| 19 | Section 2-8 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 20 | of 2012, or a Class 2 or greater felony under the Cannabis | ||||||
| 21 | Control Act, the Illinois Controlled Substances Act, the | ||||||
| 22 | Methamphetamine Control and Community Protection Act, or | ||||||
| 23 | Chapter 4 of the Illinois Vehicle Code, pursuant to Section 5 | ||||||
| 24 | of the Criminal Identification Act. Information reported to | ||||||
| 25 | the Department pursuant to this Section may be maintained with | ||||||
| 26 | records that the Department files pursuant to Section 2.1 of | ||||||
| |||||||
| |||||||
| 1 | the Criminal Identification Act. Nothing in this Act prohibits | ||||||
| 2 | a law enforcement agency from fingerprinting a minor taken | ||||||
| 3 | into custody or arrested before the minor's 18th birthday for | ||||||
| 4 | an 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 this 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). | ||||||
| |||||||
| |||||||
| 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; 102-752, eff. 1-1-23; | ||||||
| 13 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-822, eff. | ||||||
| 14 | 1-1-25.) | ||||||
| 15 | (705 ILCS 405/1-8) | ||||||
| 16 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
| 17 | court records. | ||||||
| 18 | (A) A juvenile adjudication shall never be considered a | ||||||
| 19 | conviction nor shall an adjudicated individual be considered a | ||||||
| 20 | criminal. Unless expressly allowed by law, a juvenile | ||||||
| 21 | adjudication shall not operate to impose upon the individual | ||||||
| 22 | any of the civil disabilities ordinarily imposed by or | ||||||
| 23 | resulting from conviction. Unless expressly allowed by law, | ||||||
| 24 | adjudications shall not prejudice or disqualify the individual | ||||||
| 25 | in any civil service application or appointment, from holding | ||||||
| |||||||
| |||||||
| 1 | public office, or from receiving any license granted by public | ||||||
| 2 | authority. All juvenile court records which have not been | ||||||
| 3 | expunged are sealed and may never be disclosed to the general | ||||||
| 4 | public or otherwise made widely available. Sealed juvenile | ||||||
| 5 | court records may be obtained only under this Section and | ||||||
| 6 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
| 7 | is needed for good cause and with an order from the juvenile | ||||||
| 8 | court. Inspection and copying of juvenile court records | ||||||
| 9 | relating to a minor who is the subject of a proceeding under | ||||||
| 10 | this Act shall be restricted to the following: | ||||||
| 11 | (1) The minor who is the subject of record, the | ||||||
| 12 | minor's parents, guardian, and counsel. | ||||||
| 13 | (2) Law enforcement officers and law enforcement | ||||||
| 14 | agencies when such information is essential to executing | ||||||
| 15 | an arrest or search warrant or other compulsory process, | ||||||
| 16 | or to conducting an ongoing investigation or relating to a | ||||||
| 17 | minor who has been adjudicated delinquent and there has | ||||||
| 18 | been a previous finding that the act which constitutes the | ||||||
| 19 | previous offense was committed in furtherance of criminal | ||||||
| 20 | activities by a criminal street gang. | ||||||
| 21 | Before July 1, 1994, for the purposes of this Section, | ||||||
| 22 | "criminal street gang" means any ongoing organization, | ||||||
| 23 | association, or group of 3 or more persons, whether formal | ||||||
| 24 | or informal, having as one of its primary activities the | ||||||
| 25 | commission of one or more criminal acts and that has a | ||||||
| 26 | common name or common identifying sign, symbol, or | ||||||
| |||||||
| |||||||
| 1 | specific color apparel displayed, and whose members | ||||||
| 2 | individually or collectively engage in or have engaged in | ||||||
| 3 | a pattern of criminal activity. | ||||||
| 4 | Beginning July 1, 1994, for purposes of this Section, | ||||||
| 5 | "criminal street gang" has the meaning ascribed to it in | ||||||
| 6 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 7 | Prevention Act. | ||||||
| 8 | (3) Judges, hearing officers, prosecutors, public | ||||||
| 9 | defenders, probation officers, social workers, or other | ||||||
| 10 | individuals assigned by the court to conduct a | ||||||
| 11 | pre-adjudication or pre-disposition investigation, and | ||||||
| 12 | individuals responsible for supervising or providing | ||||||
| 13 | temporary or permanent care and custody for minors under | ||||||
| 14 | the order of the juvenile court when essential to | ||||||
| 15 | performing their responsibilities. | ||||||
| 16 | (4) Judges, federal, State, and local prosecutors, | ||||||
| 17 | public defenders, probation officers, and designated | ||||||
| 18 | staff: | ||||||
| 19 | (a) in the course of a trial when institution of | ||||||
| 20 | criminal proceedings has been permitted or required | ||||||
| 21 | under Section 5-805; | ||||||
| 22 | (b) when criminal proceedings have been permitted | ||||||
| 23 | or required under Section 5-805 and a minor is the | ||||||
| 24 | subject of a proceeding to determine the amount of | ||||||
| 25 | bail conditions of pretrial release; | ||||||
| 26 | (c) when criminal proceedings have been permitted | ||||||
| |||||||
| |||||||
| 1 | or required under Section 5-805 and a minor is the | ||||||
| 2 | subject of a pre-trial investigation, pre-sentence | ||||||
| 3 | investigation or fitness hearing, or proceedings on an | ||||||
| 4 | application for probation; or | ||||||
| 5 | (d) when a minor becomes 18 years of age or older, | ||||||
| 6 | and is the subject of criminal proceedings, including | ||||||
| 7 | a hearing to determine the amount of bail conditions | ||||||
| 8 | of pretrial release, a pre-trial investigation, a | ||||||
| 9 | pre-sentence investigation, a fitness hearing, or | ||||||
| 10 | proceedings on an application for probation. | ||||||
| 11 | (5) Adult and Juvenile Prisoner Review Boards. | ||||||
| 12 | (6) Authorized military personnel. | ||||||
| 13 | (6.5) Employees of the federal government authorized | ||||||
| 14 | by law. | ||||||
| 15 | (7) Victims, their subrogees and legal | ||||||
| 16 | representatives; however, such persons shall have access | ||||||
| 17 | only to the name and address of the minor and information | ||||||
| 18 | pertaining to the disposition or alternative adjustment | ||||||
| 19 | plan of the juvenile court. | ||||||
| 20 | (8) Persons engaged in bona fide research, with the | ||||||
| 21 | permission of the presiding judge of the juvenile court | ||||||
| 22 | and the chief executive of the agency that prepared the | ||||||
| 23 | particular records; provided that publication of such | ||||||
| 24 | research results in no disclosure of a minor's identity | ||||||
| 25 | and protects the confidentiality of the record. | ||||||
| 26 | (9) The Secretary of State to whom the Clerk of the | ||||||
| |||||||
| |||||||
| 1 | Court shall report the disposition of all cases, as | ||||||
| 2 | required in Section 6-204 of the Illinois Vehicle Code. | ||||||
| 3 | However, information reported relative to these offenses | ||||||
| 4 | shall be privileged and available only to the Secretary of | ||||||
| 5 | State, courts, and police officers. | ||||||
| 6 | (10) The administrator of a bonafide substance abuse | ||||||
| 7 | student assistance program with the permission of the | ||||||
| 8 | presiding judge of the juvenile court. | ||||||
| 9 | (11) Mental health professionals on behalf of the | ||||||
| 10 | Department of Corrections or the Department of Human | ||||||
| 11 | Services or prosecutors who are evaluating, prosecuting, | ||||||
| 12 | or investigating a potential or actual petition brought | ||||||
| 13 | under the Sexually Violent Persons Commitment Act relating | ||||||
| 14 | to a person who is the subject of juvenile court records or | ||||||
| 15 | the respondent to a petition brought under the Sexually | ||||||
| 16 | Violent Persons Commitment Act, who is the subject of | ||||||
| 17 | juvenile court records sought. Any records and any | ||||||
| 18 | information obtained from those records under this | ||||||
| 19 | paragraph (11) may be used only in sexually violent | ||||||
| 20 | persons commitment proceedings. | ||||||
| 21 | (12) (Blank). | ||||||
| 22 | (A-1) Findings and exclusions of paternity entered in | ||||||
| 23 | proceedings occurring under Article II of this Act shall be | ||||||
| 24 | disclosed, in a manner and form approved by the Presiding | ||||||
| 25 | Judge of the Juvenile Court, to the Department of Healthcare | ||||||
| 26 | and Family Services when necessary to discharge the duties of | ||||||
| |||||||
| |||||||
| 1 | the Department of Healthcare and Family Services under Article | ||||||
| 2 | X of the Illinois Public Aid Code. | ||||||
| 3 | (B) A minor who is the victim in a juvenile proceeding | ||||||
| 4 | shall be provided the same confidentiality regarding | ||||||
| 5 | disclosure of identity as the minor who is the subject of | ||||||
| 6 | record. | ||||||
| 7 | (C)(0.1) In cases where the records concern a pending | ||||||
| 8 | juvenile court case, the requesting party seeking to inspect | ||||||
| 9 | the juvenile court records shall provide actual notice to the | ||||||
| 10 | attorney or guardian ad litem of the minor whose records are | ||||||
| 11 | sought. | ||||||
| 12 | (0.2) In cases where the juvenile court records concern a | ||||||
| 13 | juvenile court case that is no longer pending, the requesting | ||||||
| 14 | party seeking to inspect the juvenile court records shall | ||||||
| 15 | provide actual notice to the minor or the minor's parent or | ||||||
| 16 | legal guardian, and the matter shall be referred to the chief | ||||||
| 17 | judge presiding over matters pursuant to this Act. | ||||||
| 18 | (0.3) In determining whether juvenile court records should | ||||||
| 19 | be made available for inspection and whether inspection should | ||||||
| 20 | be limited to certain parts of the file, the court shall | ||||||
| 21 | consider the minor's interest in confidentiality and | ||||||
| 22 | rehabilitation over the requesting party's interest in | ||||||
| 23 | obtaining the information. The State's Attorney, the minor, | ||||||
| 24 | and the minor's parents, guardian, and counsel shall at all | ||||||
| 25 | times have the right to examine court files and records. | ||||||
| 26 | (0.4) Any records obtained in violation of this Section | ||||||
| |||||||
| |||||||
| 1 | shall not be admissible in any criminal or civil proceeding, | ||||||
| 2 | or operate to disqualify a minor from subsequently holding | ||||||
| 3 | public office, or operate as a forfeiture of any public | ||||||
| 4 | benefit, right, privilege, or right to receive any license | ||||||
| 5 | granted by public authority. | ||||||
| 6 | (D) Pending or following any adjudication of delinquency | ||||||
| 7 | for any offense defined in Sections 11-1.20 through 11-1.60 or | ||||||
| 8 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
| 9 | Criminal Code of 2012, the victim of any such offense shall | ||||||
| 10 | receive the rights set out in Sections 4 and 6 of the Rights of | ||||||
| 11 | Crime Victims and Witnesses Act; and the juvenile who is the | ||||||
| 12 | subject of the adjudication, notwithstanding any other | ||||||
| 13 | provision of this Act, shall be treated as an adult for the | ||||||
| 14 | purpose of affording such rights to the victim. | ||||||
| 15 | (E) Nothing in this Section shall affect the right of a | ||||||
| 16 | Civil Service Commission or appointing authority of the | ||||||
| 17 | federal government, or any state, county, or municipality | ||||||
| 18 | examining the character and fitness of an applicant for | ||||||
| 19 | employment with a law enforcement agency, correctional | ||||||
| 20 | institution, or fire department to ascertain whether that | ||||||
| 21 | applicant was ever adjudicated to be a delinquent minor and, | ||||||
| 22 | if so, to examine the records of disposition or evidence which | ||||||
| 23 | were made in proceedings under this Act. | ||||||
| 24 | (F) Following any adjudication of delinquency for a crime | ||||||
| 25 | which would be a felony if committed by an adult, or following | ||||||
| 26 | any adjudication of delinquency for a violation of Section | ||||||
| |||||||
| |||||||
| 1 | 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the | ||||||
| 2 | Criminal Code of 2012, the State's Attorney shall ascertain | ||||||
| 3 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 4 | shall provide a copy of the dispositional order to the | ||||||
| 5 | principal or chief administrative officer of the school. | ||||||
| 6 | Access to the dispositional order shall be limited to the | ||||||
| 7 | principal or chief administrative officer of the school and | ||||||
| 8 | any school counselor designated by the principal or chief | ||||||
| 9 | administrative officer. | ||||||
| 10 | (G) Nothing contained in this Act prevents the sharing or | ||||||
| 11 | disclosure of information or records relating or pertaining to | ||||||
| 12 | juveniles subject to the provisions of the Serious Habitual | ||||||
| 13 | Offender Comprehensive Action Program when that information is | ||||||
| 14 | used to assist in the early identification and treatment of | ||||||
| 15 | habitual juvenile offenders. | ||||||
| 16 | (H) When a court hearing a proceeding under Article II of | ||||||
| 17 | this Act becomes aware that an earlier proceeding under | ||||||
| 18 | Article II had been heard in a different county, that court | ||||||
| 19 | shall request, and the court in which the earlier proceedings | ||||||
| 20 | were initiated shall transmit, an authenticated copy of the | ||||||
| 21 | juvenile court record, including all documents, petitions, and | ||||||
| 22 | orders filed and the minute orders, transcript of proceedings, | ||||||
| 23 | and docket entries of the court. | ||||||
| 24 | (I) The Clerk of the Circuit Court shall report to the | ||||||
| 25 | Illinois State Police, in the form and manner required by the | ||||||
| 26 | Illinois State Police, the final disposition of each minor who | ||||||
| |||||||
| |||||||
| 1 | has been arrested or taken into custody before the minor's | ||||||
| 2 | 18th birthday for those offenses required to be reported under | ||||||
| 3 | Section 5 of the Criminal Identification Act. Information | ||||||
| 4 | reported to the Illinois State Police under this Section may | ||||||
| 5 | be maintained with records that the Illinois State Police | ||||||
| 6 | files under Section 2.1 of the Criminal Identification Act. | ||||||
| 7 | (J) The changes made to this Section by Public Act 98-61 | ||||||
| 8 | apply to juvenile law enforcement records of a minor who has | ||||||
| 9 | been arrested or taken into custody on or after January 1, 2014 | ||||||
| 10 | (the effective date of Public Act 98-61). | ||||||
| 11 | (K) Willful violation of this Section is a Class C | ||||||
| 12 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
| 13 | This subsection (K) shall not apply to the person who is the | ||||||
| 14 | subject of the record. | ||||||
| 15 | (L) A person convicted of violating this Section is liable | ||||||
| 16 | for damages in the amount of $1,000 or actual damages, | ||||||
| 17 | whichever is greater. | ||||||
| 18 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
| 19 | 102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-379, eff. | ||||||
| 20 | 7-28-23; 103-605, eff. 7-1-24.) | ||||||
| 21 | (705 ILCS 405/5-150) | ||||||
| 22 | Sec. 5-150. Admissibility of evidence and adjudications in | ||||||
| 23 | other proceedings. | ||||||
| 24 | (1) Evidence and adjudications in proceedings under this | ||||||
| 25 | Act shall be admissible: | ||||||
| |||||||
| |||||||
| 1 | (a) in subsequent proceedings under this Act | ||||||
| 2 | concerning the same minor; or | ||||||
| 3 | (b) in criminal proceedings when the court is to | ||||||
| 4 | determine the amount of bail conditions of pretrial | ||||||
| 5 | release, fitness of the defendant or in sentencing under | ||||||
| 6 | the Unified Code of Corrections; or | ||||||
| 7 | (c) in proceedings under this Act or in criminal | ||||||
| 8 | proceedings in which anyone who has been adjudicated | ||||||
| 9 | delinquent under Section 5-105 is to be a witness | ||||||
| 10 | including the minor or defendant if the minor or defendant | ||||||
| 11 | testifies, and then only for purposes of impeachment and | ||||||
| 12 | pursuant to the rules of evidence for criminal trials; or | ||||||
| 13 | (d) in civil proceedings concerning causes of action | ||||||
| 14 | arising out of the incident or incidents which initially | ||||||
| 15 | gave rise to the proceedings under this Act. | ||||||
| 16 | (2) No adjudication or disposition under this Act shall | ||||||
| 17 | operate to disqualify a minor from subsequently holding public | ||||||
| 18 | office nor shall operate as a forfeiture of any right, | ||||||
| 19 | privilege or right to receive any license granted by public | ||||||
| 20 | authority. | ||||||
| 21 | (3) The court which adjudicated that a minor has committed | ||||||
| 22 | any offense relating to motor vehicles prescribed in Sections | ||||||
| 23 | 4-102 and 4-103 of the Illinois Vehicle Code shall notify the | ||||||
| 24 | Secretary of State of that adjudication and the notice shall | ||||||
| 25 | constitute sufficient grounds for revoking that minor's | ||||||
| 26 | driver's license or permit as provided in Section 6-205 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code; no minor shall be considered a criminal | ||||||
| 2 | by reason thereof, nor shall any such adjudication be | ||||||
| 3 | considered a conviction. | ||||||
| 4 | (Source: P.A. 103-22, eff. 8-8-23.) | ||||||
| 5 | Section 225. The Criminal Code of 2012 is amended by | ||||||
| 6 | changing Sections 26.5-5, 31-1, 31A-0.1, and 32-10 as follows: | ||||||
| 7 | (720 ILCS 5/26.5-5) | ||||||
| 8 | Sec. 26.5-5. Sentence. | ||||||
| 9 | (a) Except as provided in subsection (b), a person who | ||||||
| 10 | violates any of the provisions of Section 26.5-1, 26.5-2, or | ||||||
| 11 | 26.5-3 of this Article is guilty of a Class B misdemeanor. | ||||||
| 12 | Except as provided in subsection (b), a second or subsequent | ||||||
| 13 | violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||||||
| 14 | is a Class A misdemeanor, for which the court shall impose a | ||||||
| 15 | minimum of 14 days in jail or, if public or community service | ||||||
| 16 | is established in the county in which the offender was | ||||||
| 17 | convicted, 240 hours of public or community service. | ||||||
| 18 | (b) In any of the following circumstances, a person who | ||||||
| 19 | violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||||||
| 20 | shall be guilty of a Class 4 felony: | ||||||
| 21 | (1) The person has 3 or more prior violations in the | ||||||
| 22 | last 10 years of harassment by telephone, harassment | ||||||
| 23 | through electronic communications, or any similar offense | ||||||
| 24 | of any other state; | ||||||
| |||||||
| |||||||
| 1 | (2) The person has previously violated the harassment | ||||||
| 2 | by telephone provisions, or the harassment through | ||||||
| 3 | electronic communications provisions, or committed any | ||||||
| 4 | similar offense in any other state with the same victim or | ||||||
| 5 | a member of the victim's family or household; | ||||||
| 6 | (3) At the time of the offense, the offender was under | ||||||
| 7 | conditions of bail pretrial release, probation, | ||||||
| 8 | conditional discharge, mandatory supervised release or was | ||||||
| 9 | the subject of an order of protection, in this or any other | ||||||
| 10 | state, prohibiting contact with the victim or any member | ||||||
| 11 | of the victim's family or household; | ||||||
| 12 | (4) In the course of the offense, the offender | ||||||
| 13 | threatened to kill the victim or any member of the | ||||||
| 14 | victim's family or household; | ||||||
| 15 | (5) The person has been convicted in the last 10 years | ||||||
| 16 | of a forcible felony as defined in Section 2-8 of the | ||||||
| 17 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
| 18 | (6) The person violates paragraph (5) of Section | ||||||
| 19 | 26.5-2 or paragraph (4) of Section 26.5-3; or | ||||||
| 20 | (7) The person was at least 18 years of age at the time | ||||||
| 21 | of the commission of the offense and the victim was under | ||||||
| 22 | 18 years of age at the time of the commission of the | ||||||
| 23 | offense. | ||||||
| 24 | (c) The court may order any person convicted under this | ||||||
| 25 | Article to submit to a psychiatric examination. | ||||||
| 26 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/31-1) (from Ch. 38, par. 31-1) | ||||||
| 2 | Sec. 31-1. Resisting or obstructing a peace officer, | ||||||
| 3 | firefighter, or correctional institution employee. | ||||||
| 4 | (a) A person who knowingly: | ||||||
| 5 | (1) resists arrest, or | ||||||
| 6 | (2) obstructs the performance by one known to the | ||||||
| 7 | person to be a peace officer, firefighter, or correctional | ||||||
| 8 | institution employee of any authorized act within his or | ||||||
| 9 | her official capacity commits a Class A misdemeanor. | ||||||
| 10 | (a-5) In addition to any other sentence that may be | ||||||
| 11 | imposed, a court shall order any person convicted of resisting | ||||||
| 12 | or obstructing a peace officer, firefighter, or correctional | ||||||
| 13 | institution employee to be sentenced to a minimum of 48 | ||||||
| 14 | consecutive hours of imprisonment or ordered to perform | ||||||
| 15 | community service for not less than 100 hours as may be | ||||||
| 16 | determined by the court. The person shall not be eligible for | ||||||
| 17 | probation in order to reduce the sentence of imprisonment or | ||||||
| 18 | community service. | ||||||
| 19 | (a-7) A person convicted for a violation of this Section | ||||||
| 20 | whose violation was the proximate cause of an injury to a peace | ||||||
| 21 | officer, firefighter, or correctional institution employee is | ||||||
| 22 | guilty of a Class 4 felony. | ||||||
| 23 | (b) For purposes of this Section, "correctional | ||||||
| 24 | institution employee" means any person employed to supervise | ||||||
| 25 | and control inmates incarcerated in a penitentiary, State | ||||||
| |||||||
| |||||||
| 1 | farm, reformatory, prison, jail, house of correction, police | ||||||
| 2 | detention area, half-way house, or other institution or place | ||||||
| 3 | for the incarceration or custody of persons under sentence for | ||||||
| 4 | offenses or awaiting trial or sentence for offenses, under | ||||||
| 5 | arrest for an offense, a violation of probation, a violation | ||||||
| 6 | of parole, a violation of aftercare release, a violation of | ||||||
| 7 | mandatory supervised release, or awaiting a bail setting | ||||||
| 8 | hearing or preliminary hearing on setting the conditions of | ||||||
| 9 | pretrial release, or who are sexually dangerous persons or who | ||||||
| 10 | are sexually violent persons; and "firefighter" means any | ||||||
| 11 | individual, either as an employee or volunteer, of a regularly | ||||||
| 12 | constituted fire department of a municipality or fire | ||||||
| 13 | protection district who performs fire fighting duties, | ||||||
| 14 | including, but not limited to, the fire chief, assistant fire | ||||||
| 15 | chief, captain, engineer, driver, ladder person, hose person, | ||||||
| 16 | pipe person, and any other member of a regularly constituted | ||||||
| 17 | fire department. "Firefighter" also means a person employed by | ||||||
| 18 | the Office of the State Fire Marshal to conduct arson | ||||||
| 19 | investigations. | ||||||
| 20 | (c) It is an affirmative defense to a violation of this | ||||||
| 21 | Section if a person resists or obstructs the performance of | ||||||
| 22 | one known by the person to be a firefighter by returning to or | ||||||
| 23 | remaining in a dwelling, residence, building, or other | ||||||
| 24 | structure to rescue or to attempt to rescue any person. | ||||||
| 25 | (d) A person shall not be subject to arrest for resisting | ||||||
| 26 | arrest under this Section unless there is an underlying | ||||||
| |||||||
| |||||||
| 1 | offense for which the person was initially subject to arrest. | ||||||
| 2 | (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.) | ||||||
| 3 | (720 ILCS 5/31A-0.1) | ||||||
| 4 | Sec. 31A-0.1. Definitions. For the purposes of this | ||||||
| 5 | Article: | ||||||
| 6 | "Deliver" or "delivery" means the actual, constructive or | ||||||
| 7 | attempted transfer of possession of an item of contraband, | ||||||
| 8 | with or without consideration, whether or not there is an | ||||||
| 9 | agency relationship. | ||||||
| 10 | "Employee" means any elected or appointed officer, trustee | ||||||
| 11 | or employee of a penal institution or of the governing | ||||||
| 12 | authority of the penal institution, or any person who performs | ||||||
| 13 | services for the penal institution pursuant to contract with | ||||||
| 14 | the penal institution or its governing authority. | ||||||
| 15 | "Item of contraband" means any of the following: | ||||||
| 16 | (i) "Alcoholic liquor" as that term is defined in | ||||||
| 17 | Section 1-3.05 of the Liquor Control Act of 1934. | ||||||
| 18 | (ii) "Cannabis" as that term is defined in subsection | ||||||
| 19 | (a) of Section 3 of the Cannabis Control Act. | ||||||
| 20 | (iii) "Controlled substance" as that term is defined | ||||||
| 21 | in the Illinois Controlled Substances Act. | ||||||
| 22 | (iii-a) "Methamphetamine" as that term is defined in | ||||||
| 23 | the Illinois Controlled Substances Act or the | ||||||
| 24 | Methamphetamine Control and Community Protection Act. | ||||||
| 25 | (iv) "Hypodermic syringe" or hypodermic needle, or any | ||||||
| |||||||
| |||||||
| 1 | instrument adapted for use of controlled substances or | ||||||
| 2 | cannabis by subcutaneous injection. | ||||||
| 3 | (v) "Weapon" means any knife, dagger, dirk, billy, | ||||||
| 4 | razor, stiletto, broken bottle, or other piece of glass | ||||||
| 5 | which could be used as a dangerous weapon. This term | ||||||
| 6 | includes any of the devices or implements designated in | ||||||
| 7 | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | ||||||
| 8 | this Code, or any other dangerous weapon or instrument of | ||||||
| 9 | like character. | ||||||
| 10 | (vi) "Firearm" means any device, by whatever name | ||||||
| 11 | known, which is designed to expel a projectile or | ||||||
| 12 | projectiles by the action of an explosion, expansion of | ||||||
| 13 | gas or escape of gas, including but not limited to: | ||||||
| 14 | (A) any pneumatic gun, spring gun, or B-B gun | ||||||
| 15 | which expels a single globular projectile not | ||||||
| 16 | exceeding .18 inch in diameter; or | ||||||
| 17 | (B) any device used exclusively for signaling or | ||||||
| 18 | safety and required as recommended by the United | ||||||
| 19 | States Coast Guard or the Interstate Commerce | ||||||
| 20 | Commission; or | ||||||
| 21 | (C) any device used exclusively for the firing of | ||||||
| 22 | stud cartridges, explosive rivets or industrial | ||||||
| 23 | ammunition; or | ||||||
| 24 | (D) any device which is powered by electrical | ||||||
| 25 | charging units, such as batteries, and which fires one | ||||||
| 26 | or several barbs attached to a length of wire and | ||||||
| |||||||
| |||||||
| 1 | which, upon hitting a human, can send out current | ||||||
| 2 | capable of disrupting the person's nervous system in | ||||||
| 3 | such a manner as to render him or her incapable of | ||||||
| 4 | normal functioning, commonly referred to as a stun gun | ||||||
| 5 | or taser. | ||||||
| 6 | (vii) "Firearm ammunition" means any self-contained | ||||||
| 7 | cartridge or shotgun shell, by whatever name known, which | ||||||
| 8 | is designed to be used or adaptable to use in a firearm, | ||||||
| 9 | including but not limited to: | ||||||
| 10 | (A) any ammunition exclusively designed for use | ||||||
| 11 | with a device used exclusively for signaling or safety | ||||||
| 12 | and required or recommended by the United States Coast | ||||||
| 13 | Guard or the Interstate Commerce Commission; or | ||||||
| 14 | (B) any ammunition designed exclusively for use | ||||||
| 15 | with a stud or rivet driver or other similar | ||||||
| 16 | industrial ammunition. | ||||||
| 17 | (viii) "Explosive" means, but is not limited to, bomb, | ||||||
| 18 | bombshell, grenade, bottle or other container containing | ||||||
| 19 | an explosive substance of over one-quarter ounce for like | ||||||
| 20 | purposes such as black powder bombs and Molotov cocktails | ||||||
| 21 | or artillery projectiles. | ||||||
| 22 | (ix) "Tool to defeat security mechanisms" means, but | ||||||
| 23 | is not limited to, handcuff or security restraint key, | ||||||
| 24 | tool designed to pick locks, popper, or any device or | ||||||
| 25 | instrument used to or capable of unlocking or preventing | ||||||
| 26 | from locking any handcuff or security restraints, doors to | ||||||
| |||||||
| |||||||
| 1 | cells, rooms, gates or other areas of the penal | ||||||
| 2 | institution. | ||||||
| 3 | (x) "Cutting tool" means, but is not limited to, | ||||||
| 4 | hacksaw blade, wirecutter, or device, instrument or file | ||||||
| 5 | capable of cutting through metal. | ||||||
| 6 | (xi) "Electronic contraband" for the purposes of | ||||||
| 7 | Section 31A-1.1 of this Article means, but is not limited | ||||||
| 8 | to, any electronic, video recording device, computer, or | ||||||
| 9 | cellular communications equipment, including, but not | ||||||
| 10 | limited to, cellular telephones, cellular telephone | ||||||
| 11 | batteries, videotape recorders, pagers, computers, and | ||||||
| 12 | computer peripheral equipment brought into or possessed in | ||||||
| 13 | a penal institution without the written authorization of | ||||||
| 14 | the Chief Administrative Officer. "Electronic contraband" | ||||||
| 15 | for the purposes of Section 31A-1.2 of this Article, | ||||||
| 16 | means, but is not limited to, any electronic, video | ||||||
| 17 | recording device, computer, or cellular communications | ||||||
| 18 | equipment, including, but not limited to, cellular | ||||||
| 19 | telephones, cellular telephone batteries, videotape | ||||||
| 20 | recorders, pagers, computers, and computer peripheral | ||||||
| 21 | equipment. | ||||||
| 22 | "Penal institution" means any penitentiary, State farm, | ||||||
| 23 | reformatory, prison, jail, house of correction, police | ||||||
| 24 | detention area, half-way house or other institution or place | ||||||
| 25 | for the incarceration or custody of persons under sentence for | ||||||
| 26 | offenses awaiting trial or sentence for offenses, under arrest | ||||||
| |||||||
| |||||||
| 1 | for an offense, a violation of probation, a violation of | ||||||
| 2 | parole, a violation of aftercare release, or a violation of | ||||||
| 3 | mandatory supervised release, or awaiting a bail setting | ||||||
| 4 | hearing on the setting of conditions of pretrial release or | ||||||
| 5 | preliminary hearing; provided that where the place for | ||||||
| 6 | incarceration or custody is housed within another public | ||||||
| 7 | building this Article shall not apply to that part of the | ||||||
| 8 | building unrelated to the incarceration or custody of persons. | ||||||
| 9 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 10 | (720 ILCS 5/32-10) (from Ch. 38, par. 32-10) | ||||||
| 11 | Sec. 32-10. Violation of conditions of pretrial release | ||||||
| 12 | bail bond. | ||||||
| 13 | (a) (Blank). | ||||||
| 14 | (a-1) Whoever, having been admitted to bail for appearance | ||||||
| 15 | before any court of this State, incurs a forfeiture of the bail | ||||||
| 16 | and knowingly fails to surrender himself or herself within 30 | ||||||
| 17 | days following the date of the forfeiture, commits, if the | ||||||
| 18 | bail was given in connection with a charge of felony or pending | ||||||
| 19 | appeal or certiorari after conviction of any offense, a felony | ||||||
| 20 | of the next lower Class or a Class A misdemeanor if the | ||||||
| 21 | underlying offense was a Class 4 felony; or, if the bail was | ||||||
| 22 | given in connection with a charge of committing a misdemeanor, | ||||||
| 23 | or for appearance as a witness, commits a misdemeanor of the | ||||||
| 24 | next lower Class, but not less than a Class C misdemeanor. | ||||||
| 25 | (a-5) Any person who knowingly violates a condition of | ||||||
| |||||||
| |||||||
| 1 | pretrial release bail bond by possessing a firearm in | ||||||
| 2 | violation of his or her conditions of pretrial release bail | ||||||
| 3 | commits a Class 4 felony for a first violation and a Class 3 | ||||||
| 4 | felony for a second or subsequent violation. | ||||||
| 5 | (b) Whoever, having been released pretrial under | ||||||
| 6 | conditions admitted to bail for appearance before any court of | ||||||
| 7 | this State, while charged with a criminal offense in which the | ||||||
| 8 | victim is a family or household member as defined in Article | ||||||
| 9 | 112A of the Code of Criminal Procedure of 1963, knowingly | ||||||
| 10 | violates a condition of that release as set forth in Section | ||||||
| 11 | 110-10, subsection (d) of the Code of Criminal Procedure of | ||||||
| 12 | 1963, commits a Class A misdemeanor. | ||||||
| 13 | (c) Whoever, having been admitted to bail released | ||||||
| 14 | pretrial for appearance before any court of this State for a | ||||||
| 15 | felony, Class A misdemeanor or a criminal offense in which the | ||||||
| 16 | victim is a family or household member as defined in Article | ||||||
| 17 | 112A of the Code of Criminal Procedure of 1963, is charged with | ||||||
| 18 | any other felony, Class A misdemeanor, or a criminal offense | ||||||
| 19 | in which the victim is a family or household member as defined | ||||||
| 20 | in Article 112A of the Code of Criminal Procedure of 1963 while | ||||||
| 21 | on this release, must appear before the court before bail is | ||||||
| 22 | statutorily set and may not be released by law enforcement | ||||||
| 23 | under 109-1 of the Code of Criminal Procedure of 1963 prior to | ||||||
| 24 | the court appearance. | ||||||
| 25 | (d) Nothing in this Section shall interfere with or | ||||||
| 26 | prevent the exercise by any court of its power to punish for | ||||||
| |||||||
| |||||||
| 1 | contempt. Any sentence imposed for violation of this Section | ||||||
| 2 | shall may be served consecutive to the sentence imposed for | ||||||
| 3 | the charge for which bail pretrial release had been granted | ||||||
| 4 | and with respect to which the defendant has been convicted. | ||||||
| 5 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 6 | Section 230. The Criminal Code of 2012 is amended by | ||||||
| 7 | changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows: | ||||||
| 8 | (720 ILCS 5/7-5) (from Ch. 38, par. 7-5) | ||||||
| 9 | Sec. 7-5. Peace officer's use of force in making arrest. | ||||||
| 10 | (a) A peace officer, or any person whom he has summoned or | ||||||
| 11 | directed to assist him, need not retreat or desist from | ||||||
| 12 | efforts to make a lawful arrest because of resistance or | ||||||
| 13 | threatened resistance to the arrest. He is justified in the | ||||||
| 14 | use of any force which he reasonably believes, based on the | ||||||
| 15 | totality of the circumstances, to be necessary to effect the | ||||||
| 16 | arrest and of any force which he reasonably believes, based on | ||||||
| 17 | the totality of the circumstances, to be necessary to defend | ||||||
| 18 | himself or another from bodily harm while making the arrest. | ||||||
| 19 | However, he is justified in using force likely to cause death | ||||||
| 20 | or great bodily harm only when: (i) he reasonably believes, | ||||||
| 21 | based on the totality of the circumstances, that such force is | ||||||
| 22 | necessary to prevent death or great bodily harm to himself or | ||||||
| 23 | such other person; or (ii) when he reasonably believes, based | ||||||
| 24 | on the totality of the circumstances, both that: | ||||||
| |||||||
| |||||||
| 1 | (1) Such force is necessary to prevent the arrest from | ||||||
| 2 | being defeated by resistance or escape and the officer | ||||||
| 3 | reasonably believes that the person to be arrested is | ||||||
| 4 | likely to cause great bodily harm to another; and | ||||||
| 5 | (2) The person to be arrested committed or attempted a | ||||||
| 6 | forcible felony which involves the infliction or | ||||||
| 7 | threatened infliction of great bodily harm or is | ||||||
| 8 | attempting to escape by use of a deadly weapon, or | ||||||
| 9 | otherwise indicates that he will endanger human life or | ||||||
| 10 | inflict great bodily harm unless arrested without delay. | ||||||
| 11 | As used in this subsection, "retreat" does not mean | ||||||
| 12 | tactical repositioning or other de-escalation tactics. | ||||||
| 13 | A peace officer is not justified in using force likely to | ||||||
| 14 | cause death or great bodily harm when there is no longer an | ||||||
| 15 | imminent threat of great bodily harm to the officer or | ||||||
| 16 | another. | ||||||
| 17 | (a-5) Where feasible, a peace officer shall, prior to the | ||||||
| 18 | use of force, make reasonable efforts to identify himself or | ||||||
| 19 | herself as a peace officer and to warn that deadly force may be | ||||||
| 20 | used. | ||||||
| 21 | (a-10) A peace officer shall not use deadly force against | ||||||
| 22 | a person based on the danger that the person poses to himself | ||||||
| 23 | or herself if a reasonable officer would believe the person | ||||||
| 24 | does not pose an imminent threat of death or great bodily harm | ||||||
| 25 | to the peace officer or to another person. | ||||||
| 26 | (a-15) A peace officer shall not use deadly force against | ||||||
| |||||||
| |||||||
| 1 | a person who is suspected of committing a property offense, | ||||||
| 2 | unless that offense is terrorism or unless deadly force is | ||||||
| 3 | otherwise authorized by law. | ||||||
| 4 | (b) A peace officer making an arrest pursuant to an | ||||||
| 5 | invalid warrant is justified in the use of any force which he | ||||||
| 6 | would be justified in using if the warrant were valid, unless | ||||||
| 7 | he knows that the warrant is invalid. | ||||||
| 8 | (c) The authority to use physical force conferred on peace | ||||||
| 9 | officers by this Article is a serious responsibility that | ||||||
| 10 | shall be exercised judiciously and with respect for human | ||||||
| 11 | rights and dignity and for the sanctity of every human life. | ||||||
| 12 | (d) Peace officers shall use deadly force only when | ||||||
| 13 | reasonably necessary in defense of human life. In determining | ||||||
| 14 | whether deadly force is reasonably necessary, officers shall | ||||||
| 15 | evaluate each situation in light of the totality of | ||||||
| 16 | circumstances of each case, including, but not limited to, the | ||||||
| 17 | proximity in time of the use of force to the commission of a | ||||||
| 18 | forcible felony, and the reasonable feasibility of safely | ||||||
| 19 | apprehending a subject at a later time, and shall use other | ||||||
| 20 | available resources and techniques, if reasonably safe and | ||||||
| 21 | feasible to a reasonable officer. | ||||||
| 22 | (e) The decision by a peace officer to use force shall be | ||||||
| 23 | evaluated carefully and thoroughly, in a manner that reflects | ||||||
| 24 | the gravity of that authority and the serious consequences of | ||||||
| 25 | the use of force by peace officers, in order to ensure that | ||||||
| 26 | officers use force consistent with law and agency policies. | ||||||
| |||||||
| |||||||
| 1 | (f) The decision by a peace officer to use force shall be | ||||||
| 2 | evaluated from the perspective of a reasonable officer in the | ||||||
| 3 | same situation, based on the totality of the circumstances | ||||||
| 4 | known to or perceived by the officer at the time of the | ||||||
| 5 | decision, rather than with the benefit of hindsight, and that | ||||||
| 6 | the totality of the circumstances shall account for occasions | ||||||
| 7 | when officers may be forced to make quick judgments about | ||||||
| 8 | using force. | ||||||
| 9 | (g) Law enforcement agencies are encouraged to adopt and | ||||||
| 10 | develop policies designed to protect individuals with | ||||||
| 11 | physical, mental health, developmental, or intellectual | ||||||
| 12 | disabilities, or individuals who are significantly more likely | ||||||
| 13 | to experience greater levels of physical force during police | ||||||
| 14 | interactions, as these disabilities may affect the ability of | ||||||
| 15 | a person to understand or comply with commands from peace | ||||||
| 16 | officers. | ||||||
| 17 | (h) As used in this Section: | ||||||
| 18 | (1) "Deadly force" means any use of force that creates | ||||||
| 19 | a substantial risk of causing death or great bodily harm, | ||||||
| 20 | including, but not limited to, the discharge of a firearm. | ||||||
| 21 | (2) A threat of death or serious bodily injury is | ||||||
| 22 | "imminent" when, based on the totality of the | ||||||
| 23 | circumstances, a reasonable officer in the same situation | ||||||
| 24 | would believe that a person has the present ability, | ||||||
| 25 | opportunity, and apparent intent to immediately cause | ||||||
| 26 | death or great bodily harm to the peace officer or another | ||||||
| |||||||
| |||||||
| 1 | person. An imminent harm is not merely a fear of future | ||||||
| 2 | harm, no matter how great the fear and no matter how great | ||||||
| 3 | the likelihood of the harm, but is one that, from | ||||||
| 4 | appearances, must be instantly confronted and addressed. | ||||||
| 5 | (3) "Totality of the circumstances" means all facts | ||||||
| 6 | known to the peace officer at the time, or that would be | ||||||
| 7 | known to a reasonable officer in the same situation, | ||||||
| 8 | including the conduct of the officer and the subject | ||||||
| 9 | leading up to the use of deadly force. | ||||||
| 10 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 11 | 102-687, eff. 12-17-21.) | ||||||
| 12 | (720 ILCS 5/7-5.5) | ||||||
| 13 | Sec. 7-5.5. Prohibited use of force by a peace officer. | ||||||
| 14 | (a) A peace officer, or any other person acting under the | ||||||
| 15 | color of law, shall not use a chokehold or restraint above the | ||||||
| 16 | shoulders with risk of asphyxiation in the performance of his | ||||||
| 17 | or her duties, unless deadly force is justified under this | ||||||
| 18 | Article. | ||||||
| 19 | (b) A peace officer, or any other person acting under the | ||||||
| 20 | color of law, shall not use a chokehold or restraint above the | ||||||
| 21 | shoulders with risk of asphyxiation, or any lesser contact | ||||||
| 22 | with the throat or neck area of another, in order to prevent | ||||||
| 23 | the destruction of evidence by ingestion. | ||||||
| 24 | (c) As used in this Section, "chokehold" means applying | ||||||
| 25 | any direct pressure to the throat, windpipe, or airway of | ||||||
| |||||||
| |||||||
| 1 | another with the intent to reduce or prevent the intake of air. | ||||||
| 2 | "Chokehold" does not include any holding involving contact | ||||||
| 3 | with the neck that is not intended to reduce the intake of air | ||||||
| 4 | such as a headlock where the only pressure applied is to the | ||||||
| 5 | head. | ||||||
| 6 | (d) As used in this Section, "restraint above the | ||||||
| 7 | shoulders with risk of positional asphyxiation" means a use of | ||||||
| 8 | a technique used to restrain a person above the shoulders, | ||||||
| 9 | including the neck or head, in a position which interferes | ||||||
| 10 | with the person's ability to breathe after the person no | ||||||
| 11 | longer poses a threat to the officer or any other person. | ||||||
| 12 | (e) A peace officer, or any other person acting under the | ||||||
| 13 | color of law, shall not: | ||||||
| 14 | (i) use force as punishment or retaliation; | ||||||
| 15 | (ii) discharge kinetic impact projectiles and all | ||||||
| 16 | other non-lethal or less-lethal projectiles in a manner | ||||||
| 17 | that targets the head, neck, groin, anterior pelvis, or | ||||||
| 18 | back; | ||||||
| 19 | (iii) discharge conducted electrical weapons in a | ||||||
| 20 | manner that targets the head, chest, neck, groin, or | ||||||
| 21 | anterior pelvis; | ||||||
| 22 | (iv) discharge firearms or kinetic impact projectiles | ||||||
| 23 | indiscriminately into a crowd; | ||||||
| 24 | (v) use chemical agents or irritants for crowd | ||||||
| 25 | control, including pepper spray and tear gas, prior to | ||||||
| 26 | issuing an order to disperse in a sufficient manner to | ||||||
| |||||||
| |||||||
| 1 | allow for the order to be heard and repeated if necessary, | ||||||
| 2 | followed by sufficient time and space to allow compliance | ||||||
| 3 | with the order unless providing such time and space would | ||||||
| 4 | unduly place an officer or another person at risk of death | ||||||
| 5 | or great bodily harm; or | ||||||
| 6 | (vi) use chemical agents or irritants, including | ||||||
| 7 | pepper spray and tear gas, prior to issuing an order in a | ||||||
| 8 | sufficient manner to ensure the order is heard, and | ||||||
| 9 | repeated if necessary, to allow compliance with the order | ||||||
| 10 | unless providing such time and space would unduly place an | ||||||
| 11 | officer or another person at risk of death or great bodily | ||||||
| 12 | harm. | ||||||
| 13 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
| 14 | 102-687, eff. 12-17-21.) | ||||||
| 15 | (720 ILCS 5/7-9) (from Ch. 38, par. 7-9) | ||||||
| 16 | Sec. 7-9. Use of force to prevent escape. | ||||||
| 17 | (a) A peace officer or other person who has an arrested | ||||||
| 18 | person in his custody is justified in the use of such force, | ||||||
| 19 | except deadly force, to prevent the escape of the arrested | ||||||
| 20 | person from custody as he would be justified in using if he | ||||||
| 21 | were arresting such person. | ||||||
| 22 | (b) A guard or other peace officer is justified in the use | ||||||
| 23 | of force, including force likely to cause death or great | ||||||
| 24 | bodily harm, which he reasonably believes to be necessary to | ||||||
| 25 | prevent the escape from a penal institution of a person whom | ||||||
| |||||||
| |||||||
| 1 | the officer reasonably believes to be lawfully detained in | ||||||
| 2 | such institution under sentence for an offense or awaiting | ||||||
| 3 | trial or commitment for an offense. | ||||||
| 4 | (c) Deadly force shall not be used to prevent escape under | ||||||
| 5 | this Section unless, based on the totality of the | ||||||
| 6 | circumstances, deadly force is necessary to prevent death or | ||||||
| 7 | great bodily harm to himself or such other person. | ||||||
| 8 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| 9 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
| 10 | Sec. 9-1. First degree murder. | ||||||
| 11 | (a) A person who kills an individual without lawful | ||||||
| 12 | justification commits first degree murder if, in performing | ||||||
| 13 | the acts which cause the death: | ||||||
| 14 | (1) he or she either intends to kill or do great bodily | ||||||
| 15 | harm to that individual or another, or knows that such | ||||||
| 16 | acts will cause death to that individual or another; or | ||||||
| 17 | (2) he or she knows that such acts create a strong | ||||||
| 18 | probability of death or great bodily harm to that | ||||||
| 19 | individual or another; or | ||||||
| 20 | (3) he or she is attempting or committing a forcible | ||||||
| 21 | felony other than second degree murder he or she, acting | ||||||
| 22 | alone or with one or more participants, commits or | ||||||
| 23 | attempts to commit a forcible felony other than second | ||||||
| 24 | degree murder, and in the course of or in furtherance of | ||||||
| 25 | such crime or flight therefrom, he or she or another | ||||||
| |||||||
| |||||||
| 1 | participant causes the death of a person. | ||||||
| 2 | (b) (Blank). | ||||||
| 3 | (b-5) (Blank). | ||||||
| 4 | (c) (Blank). | ||||||
| 5 | (d) (Blank). | ||||||
| 6 | (e) (Blank). | ||||||
| 7 | (f) (Blank). | ||||||
| 8 | (g) (Blank). | ||||||
| 9 | (h) (Blank). | ||||||
| 10 | (h-5) (Blank). | ||||||
| 11 | (i) (Blank). | ||||||
| 12 | (j) (Blank). | ||||||
| 13 | (k) (Blank). | ||||||
| 14 | (Source: P.A. 103-51, eff. 1-1-24; 103-605, eff. 7-1-24.) | ||||||
| 15 | (720 ILCS 5/33-3) (from Ch. 38, par. 33-3) | ||||||
| 16 | Sec. 33-3. Official misconduct. | ||||||
| 17 | (a) A public officer or employee or special government | ||||||
| 18 | agent commits misconduct when, in his official capacity or | ||||||
| 19 | capacity as a special government agent, he or she commits any | ||||||
| 20 | of the following acts: | ||||||
| 21 | (1) Intentionally or recklessly fails to perform any | ||||||
| 22 | mandatory duty as required by law; or | ||||||
| 23 | (2) Knowingly performs an act which he knows he is | ||||||
| 24 | forbidden by law to perform; or | ||||||
| 25 | (3) With intent to obtain a personal advantage for | ||||||
| |||||||
| |||||||
| 1 | himself or another, he performs an act in excess of his | ||||||
| 2 | lawful authority; or | ||||||
| 3 | (4) Solicits or knowingly accepts for the performance | ||||||
| 4 | of any act a fee or reward which he knows is not authorized | ||||||
| 5 | by law. | ||||||
| 6 | (b) An employee of a law enforcement agency commits | ||||||
| 7 | misconduct when he or she knowingly uses or communicates, | ||||||
| 8 | directly or indirectly, information acquired in the course of | ||||||
| 9 | employment, with the intent to obstruct, impede, or prevent | ||||||
| 10 | the investigation, apprehension, or prosecution of any | ||||||
| 11 | criminal offense or person. Nothing in this subsection (b) | ||||||
| 12 | shall be construed to impose liability for communicating to a | ||||||
| 13 | confidential resource, who is participating or aiding law | ||||||
| 14 | enforcement, in an ongoing investigation. | ||||||
| 15 | (c) A public officer or employee or special government | ||||||
| 16 | agent convicted of violating any provision of this Section | ||||||
| 17 | forfeits his or her office or employment or position as a | ||||||
| 18 | special government agent. In addition, he or she commits a | ||||||
| 19 | Class 3 felony. | ||||||
| 20 | (d) For purposes of this Section, "special : "Special | ||||||
| 21 | government agent" has the meaning ascribed to it in subsection | ||||||
| 22 | (l) of Section 4A-101 of the Illinois Governmental Ethics Act. | ||||||
| 23 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| 24 | Section 235. The Criminal Code of 2012 is amended by | ||||||
| 25 | adding Section 32-15.1 as follows: | ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/32-15.1 new) | ||||||
| 2 | Sec. 32-15.1. Bail bond false statement. Any person who in | ||||||
| 3 | any affidavit, document, schedule or other application to | ||||||
| 4 | become surety or bail for another on any bail bond or | ||||||
| 5 | recognizance in any civil or criminal proceeding then pending | ||||||
| 6 | or about to be started against the other person, having taken a | ||||||
| 7 | lawful oath or made affirmation, shall swear or affirm | ||||||
| 8 | wilfully, corruptly and falsely as to the ownership or liens | ||||||
| 9 | or incumbrances upon or the value of any real or personal | ||||||
| 10 | property alleged to be owned by the person proposed as surety | ||||||
| 11 | or bail, the financial worth or standing of the person | ||||||
| 12 | proposed as surety or bail, or as to the number or total | ||||||
| 13 | penalties of all other bonds or recognizances signed by and | ||||||
| 14 | standing against the proposed surety or bail, or any person | ||||||
| 15 | who, having taken a lawful oath or made affirmation, shall | ||||||
| 16 | testify wilfully, corruptly and falsely as to any of said | ||||||
| 17 | matters for the purpose of inducing the approval of any such | ||||||
| 18 | bail bond or recognizance; or for the purpose of justifying on | ||||||
| 19 | any such bail bond or recognizance, or who shall suborn any | ||||||
| 20 | other person to so swear, affirm or testify as aforesaid, | ||||||
| 21 | shall be deemed and adjudged guilty of perjury or subornation | ||||||
| 22 | of perjury (as the case may be) and punished accordingly. | ||||||
| 23 | (720 ILCS 5/7-15 rep.) | ||||||
| 24 | (720 ILCS 5/7-16 rep.) | ||||||
| |||||||
| |||||||
| 1 | (720 ILCS 5/33-9 rep.) | ||||||
| 2 | Section 240. The Criminal Code of 2012 is amended by | ||||||
| 3 | repealing Sections 7-15, 7-16, and 33-9. | ||||||
| 4 | Section 245. The Code of Criminal Procedure of 1963 is | ||||||
| 5 | amended by changing the heading of Article 110 and by changing | ||||||
| 6 | Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17, | ||||||
| 7 | 106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1, | ||||||
| 8 | 110-1, 110-2, 110-3, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2, | ||||||
| 9 | 110-6.4, 110-10, 110-11, 110-12, 110-14, 111-2, 112A-23, | ||||||
| 10 | 113-3.1, 114-1, 115-4.1, and 122-6 and by adding Section | ||||||
| 11 | 110-3.1 as follows: | ||||||
| 12 | (725 ILCS 5/102-6) (from Ch. 38, par. 102-6) | ||||||
| 13 | Sec. 102-6. "Bail". Pretrial release. "Bail" means the | ||||||
| 14 | amount of money set by the court which is required to be | ||||||
| 15 | obligated and secured as provided by law for the release of a | ||||||
| 16 | person in custody in order that he will appear before the court | ||||||
| 17 | in which his appearance may be required and that he will comply | ||||||
| 18 | with such conditions as set forth in the bail bond. "Pretrial | ||||||
| 19 | release" has the meaning ascribed to bail in Section 9 of | ||||||
| 20 | Article I of the Illinois Constitution where the sureties | ||||||
| 21 | provided are nonmonetary in nature. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 23 | (725 ILCS 5/102-7) (from Ch. 38, par. 102-7) | ||||||
| |||||||
| |||||||
| 1 | Sec. 102-7. Conditions of pretrial release. "Bail | ||||||
| 2 | bond"."Bail bond" means an undertaking secured by bail entered | ||||||
| 3 | into by a person in custody by which he binds himself to comply | ||||||
| 4 | with such conditions as are set forth therein. "Conditions of | ||||||
| 5 | pretrial release" means the requirements imposed upon a | ||||||
| 6 | criminal defendant by the court under Section 110-5. | ||||||
| 7 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 8 | (725 ILCS 5/103-5) (from Ch. 38, par. 103-5) | ||||||
| 9 | Sec. 103-5. Speedy trial.) | ||||||
| 10 | (a) Every person in custody in this State for an alleged | ||||||
| 11 | offense shall be tried by the court having jurisdiction within | ||||||
| 12 | 120 days from the date he or she was taken into custody unless | ||||||
| 13 | delay is occasioned by the defendant, by an examination for | ||||||
| 14 | fitness ordered pursuant to Section 104-13 of this Act, by a | ||||||
| 15 | fitness hearing, by an adjudication of unfitness to stand | ||||||
| 16 | trial, by a continuance allowed pursuant to Section 114-4 of | ||||||
| 17 | this Act after a court's determination of the defendant's | ||||||
| 18 | physical incapacity for trial, or by an interlocutory appeal. | ||||||
| 19 | Delay shall be considered to be agreed to by the defendant | ||||||
| 20 | unless he or she objects to the delay by making a written | ||||||
| 21 | demand for trial or an oral demand for trial on the record. The | ||||||
| 22 | provisions of this subsection (a) do not apply to a person on | ||||||
| 23 | bail pretrial release or recognizance for an offense but who | ||||||
| 24 | is in custody for a violation of his or her parole, aftercare | ||||||
| 25 | release, or mandatory supervised release for another offense. | ||||||
| |||||||
| |||||||
| 1 | The 120-day term must be one continuous period of | ||||||
| 2 | incarceration. In computing the 120-day term, separate periods | ||||||
| 3 | of incarceration may not be combined. If a defendant is taken | ||||||
| 4 | into custody a second (or subsequent) time for the same | ||||||
| 5 | offense, the term will begin again at day zero. | ||||||
| 6 | (b) Every person on bail pretrial release or recognizance | ||||||
| 7 | shall be tried by the court having jurisdiction within 160 | ||||||
| 8 | days from the date defendant demands trial unless delay is | ||||||
| 9 | occasioned by the defendant, by an examination for fitness | ||||||
| 10 | ordered pursuant to Section 104-13 of this Act, by a fitness | ||||||
| 11 | hearing, by an adjudication of unfitness to stand trial, by a | ||||||
| 12 | continuance allowed pursuant to Section 114-4 of this Act | ||||||
| 13 | after a court's determination of the defendant's physical | ||||||
| 14 | incapacity for trial, or by an interlocutory appeal. The | ||||||
| 15 | defendant's failure to appear for any court date set by the | ||||||
| 16 | court operates to waive the defendant's demand for trial made | ||||||
| 17 | under this subsection. | ||||||
| 18 | For purposes of computing the 160 day period under this | ||||||
| 19 | subsection (b), every person who was in custody for an alleged | ||||||
| 20 | offense and demanded trial and is subsequently released on | ||||||
| 21 | bail pretrial release or recognizance and demands trial, shall | ||||||
| 22 | be given credit for time spent in custody following the making | ||||||
| 23 | of the demand while in custody. Any demand for trial made under | ||||||
| 24 | this subsection (b) shall be in writing; and in the case of a | ||||||
| 25 | defendant not in custody, the demand for trial shall include | ||||||
| 26 | the date of any prior demand made under this provision while | ||||||
| |||||||
| |||||||
| 1 | the defendant was in custody. | ||||||
| 2 | (c) If the court determines that the State has exercised | ||||||
| 3 | without success due diligence to obtain evidence material to | ||||||
| 4 | the case and that there are reasonable grounds to believe that | ||||||
| 5 | such evidence may be obtained at a later day the court may | ||||||
| 6 | continue the cause on application of the State for not more | ||||||
| 7 | than an additional 60 days. If the court determines that the | ||||||
| 8 | State has exercised without success due diligence to obtain | ||||||
| 9 | results of DNA testing that is material to the case and that | ||||||
| 10 | there are reasonable grounds to believe that such results may | ||||||
| 11 | be obtained at a later day, the court may continue the cause on | ||||||
| 12 | application of the State for not more than an additional 120 | ||||||
| 13 | days. | ||||||
| 14 | (d) Every person not tried in accordance with subsections | ||||||
| 15 | (a), (b) and (c) of this Section shall be discharged from | ||||||
| 16 | custody or released from the obligations of the person's bail | ||||||
| 17 | his pretrial release or recognizance. | ||||||
| 18 | (e) If a person is simultaneously in custody upon more | ||||||
| 19 | than one charge pending against him in the same county, or | ||||||
| 20 | simultaneously demands trial upon more than one charge pending | ||||||
| 21 | against him in the same county, he shall be tried, or adjudged | ||||||
| 22 | guilty after waiver of trial, upon at least one such charge | ||||||
| 23 | before expiration relative to any of such pending charges of | ||||||
| 24 | the period prescribed by subsections (a) and (b) of this | ||||||
| 25 | Section. Such person shall be tried upon all of the remaining | ||||||
| 26 | charges thus pending within 160 days from the date on which | ||||||
| |||||||
| |||||||
| 1 | judgment relative to the first charge thus prosecuted is | ||||||
| 2 | rendered pursuant to the Unified Code of Corrections or, if | ||||||
| 3 | such trial upon such first charge is terminated without | ||||||
| 4 | judgment and there is no subsequent trial of, or adjudication | ||||||
| 5 | of guilt after waiver of trial of, such first charge within a | ||||||
| 6 | reasonable time, the person shall be tried upon all of the | ||||||
| 7 | remaining charges thus pending within 160 days from the date | ||||||
| 8 | on which such trial is terminated; if either such period of 160 | ||||||
| 9 | days expires without the commencement of trial of, or | ||||||
| 10 | adjudication of guilt after waiver of trial of, any of such | ||||||
| 11 | remaining charges thus pending, such charge or charges shall | ||||||
| 12 | be dismissed and barred for want of prosecution unless delay | ||||||
| 13 | is occasioned by the defendant, by an examination for fitness | ||||||
| 14 | ordered pursuant to Section 104-13 of this Act, by a fitness | ||||||
| 15 | hearing, by an adjudication of unfitness for trial, by a | ||||||
| 16 | continuance allowed pursuant to Section 114-4 of this Act | ||||||
| 17 | after a court's determination of the defendant's physical | ||||||
| 18 | incapacity for trial, or by an interlocutory appeal; provided, | ||||||
| 19 | however, that if the court determines that the State has | ||||||
| 20 | exercised without success due diligence to obtain evidence | ||||||
| 21 | material to the case and that there are reasonable grounds to | ||||||
| 22 | believe that such evidence may be obtained at a later day the | ||||||
| 23 | court may continue the cause on application of the State for | ||||||
| 24 | not more than an additional 60 days. | ||||||
| 25 | (f) Delay occasioned by the defendant shall temporarily | ||||||
| 26 | suspend for the time of the delay the period within which a | ||||||
| |||||||
| |||||||
| 1 | person shall be tried as prescribed by subsections (a), (b), | ||||||
| 2 | or (e) of this Section and on the day of expiration of the | ||||||
| 3 | delay the said period shall continue at the point at which it | ||||||
| 4 | was suspended. Where such delay occurs within 21 days of the | ||||||
| 5 | end of the period within which a person shall be tried as | ||||||
| 6 | prescribed by subsections (a), (b), or (e) of this Section, | ||||||
| 7 | the court may continue the cause on application of the State | ||||||
| 8 | for not more than an additional 21 days beyond the period | ||||||
| 9 | prescribed by subsections (a), (b), or (e). This subsection | ||||||
| 10 | (f) shall become effective on, and apply to persons charged | ||||||
| 11 | with alleged offenses committed on or after, March 1, 1977. | ||||||
| 12 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 13 | (725 ILCS 5/103-7) (from Ch. 38, par. 103-7) | ||||||
| 14 | Sec. 103-7. Posting notice of rights. Every sheriff, chief | ||||||
| 15 | of police or other person who is in charge of any jail, police | ||||||
| 16 | station or other building where persons under arrest are held | ||||||
| 17 | in custody pending investigation, bail pretrial release or | ||||||
| 18 | other criminal proceedings, shall post in every room, other | ||||||
| 19 | than cells, of such buildings where persons are held in | ||||||
| 20 | custody, in conspicuous places where it may be seen and read by | ||||||
| 21 | persons in custody and others, a poster, printed in large | ||||||
| 22 | type, containing a verbatim copy in the English language of | ||||||
| 23 | the provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2, | ||||||
| 24 | 110-4, and sub-parts (a) and (b) of Sections 110-7.1, and | ||||||
| 25 | 113-3 of this Code. Each person who is in charge of any | ||||||
| |||||||
| |||||||
| 1 | courthouse or other building in which any trial of an offense | ||||||
| 2 | is conducted shall post in each room primarily used for such | ||||||
| 3 | trials and in each room in which defendants are confined or | ||||||
| 4 | wait, pending trial, in conspicuous places where it may be | ||||||
| 5 | seen and read by persons in custody and others, a poster, | ||||||
| 6 | printed in large type, containing a verbatim copy in the | ||||||
| 7 | English language of the provisions of Sections 103-6, 113-1, | ||||||
| 8 | 113-4 and 115-1 and of subparts (a) and (b) of Section 113-3 of | ||||||
| 9 | this Code. | ||||||
| 10 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 11 | (725 ILCS 5/103-9) (from Ch. 38, par. 103-9) | ||||||
| 12 | Sec. 103-9. Bail bondsmen. No bail bondsman from any state | ||||||
| 13 | may seize or transport unwillingly any person found in this | ||||||
| 14 | State who is allegedly in violation of a bail bond posted in | ||||||
| 15 | some other state or conditions of pretrial release. The return | ||||||
| 16 | of any such person to another state may be accomplished only as | ||||||
| 17 | provided by the laws of this State. Any bail bondsman who | ||||||
| 18 | violates this Section is fully subject to the criminal and | ||||||
| 19 | civil penalties provided by the laws of this State for his | ||||||
| 20 | actions. | ||||||
| 21 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 22 | (725 ILCS 5/104-13) (from Ch. 38, par. 104-13) | ||||||
| 23 | (Text of Section before amendment by P.A. 104-318) | ||||||
| 24 | Sec. 104-13. Fitness examination. | ||||||
| |||||||
| |||||||
| 1 | (a) When the issue of fitness involves the defendant's | ||||||
| 2 | mental condition, the court shall order an examination of the | ||||||
| 3 | defendant by one or more licensed physicians, clinical | ||||||
| 4 | psychologists, or psychiatrists chosen by the court. No | ||||||
| 5 | physician, clinical psychologist or psychiatrist employed by | ||||||
| 6 | the Department of Human Services shall be ordered to perform, | ||||||
| 7 | in his official capacity, an examination under this Section. | ||||||
| 8 | (b) If the issue of fitness involves the defendant's | ||||||
| 9 | physical condition, the court shall appoint one or more | ||||||
| 10 | physicians and in addition, such other experts as it may deem | ||||||
| 11 | appropriate to examine the defendant and to report to the | ||||||
| 12 | court regarding the defendant's condition. | ||||||
| 13 | (c) An examination ordered under this Section shall be | ||||||
| 14 | given at the place designated by the person who will conduct | ||||||
| 15 | the examination, except that if the defendant is being held in | ||||||
| 16 | custody, the examination shall take place at such location as | ||||||
| 17 | the court directs. No examinations under this Section shall be | ||||||
| 18 | ordered to take place at mental health or developmental | ||||||
| 19 | disabilities facilities operated by the Department of Human | ||||||
| 20 | Services. If the defendant fails to keep appointments without | ||||||
| 21 | reasonable cause or if the person conducting the examination | ||||||
| 22 | reports to the court that diagnosis requires hospitalization | ||||||
| 23 | or extended observation, the court may order the defendant | ||||||
| 24 | admitted to an appropriate facility for an examination, other | ||||||
| 25 | than a screening examination, for not more than 7 days. The | ||||||
| 26 | court may, upon a showing of good cause, grant an additional 7 | ||||||
| |||||||
| |||||||
| 1 | days to complete the examination. | ||||||
| 2 | (d) Release on bail pretrial release or on recognizance | ||||||
| 3 | shall not be revoked and an application therefor shall not be | ||||||
| 4 | denied on the grounds that an examination has been ordered. | ||||||
| 5 | (e) Upon request by the defense and if the defendant is | ||||||
| 6 | indigent, the court may appoint, in addition to the expert or | ||||||
| 7 | experts chosen pursuant to subsection (a) of this Section, a | ||||||
| 8 | qualified expert selected by the defendant to examine him and | ||||||
| 9 | to make a report as provided in Section 104-15. Upon the filing | ||||||
| 10 | with the court of a verified statement of services rendered, | ||||||
| 11 | the court shall enter an order on the county board to pay such | ||||||
| 12 | expert a reasonable fee stated in the order. | ||||||
| 13 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 14 | (Text of Section after amendment by P.A. 104-318) | ||||||
| 15 | Sec. 104-13. Fitness examination. | ||||||
| 16 | (a) When the issue of fitness involves the defendant's | ||||||
| 17 | mental condition, the court shall order an examination of the | ||||||
| 18 | defendant by one or more licensed physicians, clinical | ||||||
| 19 | psychologists, or psychiatrists chosen by the court. No | ||||||
| 20 | physician, clinical psychologist or psychiatrist employed by | ||||||
| 21 | the Department of Human Services shall be ordered to perform, | ||||||
| 22 | in his official capacity, an examination under this Section. | ||||||
| 23 | (a-1) The Administrative Office of the Illinois Courts is | ||||||
| 24 | encouraged to establish standards and a certification process | ||||||
| 25 | for court-appointed fitness evaluators designed to increase | ||||||
| |||||||
| |||||||
| 1 | the availability of qualified evaluators statewide and to | ||||||
| 2 | increase access, consistency, and fairness within | ||||||
| 3 | fitness-to-stand-trial proceedings and subsequent placement | ||||||
| 4 | recommendations. | ||||||
| 5 | (b) If the issue of fitness involves the defendant's | ||||||
| 6 | physical condition, the court shall appoint one or more | ||||||
| 7 | physicians and in addition, such other experts as it may deem | ||||||
| 8 | appropriate to examine the defendant and to report to the | ||||||
| 9 | court regarding the defendant's condition. | ||||||
| 10 | (c) An examination ordered under this Section shall be | ||||||
| 11 | given at the place designated by the person who will conduct | ||||||
| 12 | the examination, except that if the defendant is being held in | ||||||
| 13 | custody, the examination shall take place at such location as | ||||||
| 14 | the court directs. No examinations under this Section shall be | ||||||
| 15 | ordered to take place at mental health or developmental | ||||||
| 16 | disabilities facilities operated by the Department of Human | ||||||
| 17 | Services. If the defendant fails to keep appointments without | ||||||
| 18 | reasonable cause or if the person conducting the examination | ||||||
| 19 | reports to the court that diagnosis requires hospitalization | ||||||
| 20 | or extended observation, the court may order the defendant | ||||||
| 21 | admitted to an appropriate facility for an examination, other | ||||||
| 22 | than a screening examination, for not more than 7 days. | ||||||
| 23 | (d) Pretrial release shall not be revoked and an | ||||||
| 24 | application therefor shall not be denied on the grounds that | ||||||
| 25 | an examination has been ordered. | ||||||
| 26 | (e) Upon request by the defense and if the defendant is | ||||||
| |||||||
| |||||||
| 1 | indigent, the court may appoint, in addition to the expert or | ||||||
| 2 | experts chosen pursuant to subsection (a) of this Section, a | ||||||
| 3 | qualified expert selected by the defendant to examine him and | ||||||
| 4 | to make a report as provided in Section 104-15. Upon the filing | ||||||
| 5 | with the court of a verified statement of services rendered, | ||||||
| 6 | the court shall enter an order on the county board to pay such | ||||||
| 7 | expert a reasonable fee stated in the order. | ||||||
| 8 | (Source: P.A. 104-318, eff. 1-1-26.) | ||||||
| 9 | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17) | ||||||
| 10 | (Text of Section before amendment by P.A. 104-318) | ||||||
| 11 | Sec. 104-17. Commitment for treatment; treatment plan. | ||||||
| 12 | (a) If the defendant is eligible to be or has been released | ||||||
| 13 | on bail pretrial release or on his own recognizance, the court | ||||||
| 14 | shall select the least physically restrictive form of | ||||||
| 15 | treatment therapeutically appropriate and consistent with the | ||||||
| 16 | treatment plan. The placement may be ordered either on an | ||||||
| 17 | inpatient or an outpatient basis. | ||||||
| 18 | (b) If the defendant's disability is mental, the court may | ||||||
| 19 | order him placed for secure treatment in the custody of the | ||||||
| 20 | Department of Human Services, or the court may order him | ||||||
| 21 | placed in the custody of any other appropriate public or | ||||||
| 22 | private mental health facility or treatment program which has | ||||||
| 23 | agreed to provide treatment to the defendant. If the most | ||||||
| 24 | serious charge faced by the defendant is a misdemeanor, the | ||||||
| 25 | court shall order outpatient treatment, unless the court finds | ||||||
| |||||||
| |||||||
| 1 | good cause on the record to order inpatient treatment. If the | ||||||
| 2 | court orders the defendant to inpatient treatment in the | ||||||
| 3 | custody of the Department of Human Services, the Department | ||||||
| 4 | shall evaluate the defendant to determine the most appropriate | ||||||
| 5 | secure facility to receive the defendant and, within 20 days | ||||||
| 6 | of the transmittal by the clerk of the circuit court of the | ||||||
| 7 | court's placement order, notify the court of the designated | ||||||
| 8 | facility to receive the defendant. The Department shall admit | ||||||
| 9 | the defendant to a secure facility within 60 days of the | ||||||
| 10 | transmittal of the court's placement order, unless the | ||||||
| 11 | Department can demonstrate good faith efforts at placement and | ||||||
| 12 | a lack of bed and placement availability. If placement cannot | ||||||
| 13 | be made within 60 days of the transmittal of the court's | ||||||
| 14 | placement order and the Department has demonstrated good faith | ||||||
| 15 | efforts at placement and a lack of bed and placement | ||||||
| 16 | availability, the Department shall provide an update to the | ||||||
| 17 | ordering court every 30 days until the defendant is placed. | ||||||
| 18 | Once bed and placement availability is determined, the | ||||||
| 19 | Department shall notify the sheriff who shall promptly | ||||||
| 20 | transport the defendant to the designated facility. If the | ||||||
| 21 | defendant is placed in the custody of the Department of Human | ||||||
| 22 | Services, the defendant shall be placed in a secure setting. | ||||||
| 23 | During the period of time required to determine bed and | ||||||
| 24 | placement availability at the designated facility, the | ||||||
| 25 | defendant shall remain in jail. If during the course of | ||||||
| 26 | evaluating the defendant for placement, the Department of | ||||||
| |||||||
| |||||||
| 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, including identifying bed and | ||||||
| 7 | placement availability, the sheriff shall be notified and | ||||||
| 8 | shall transport the defendant to the designated facility. If, | ||||||
| 9 | within 60 days of the transmittal by the clerk of the circuit | ||||||
| 10 | court of the court's placement order, the Department fails to | ||||||
| 11 | provide the sheriff with notice of bed and placement | ||||||
| 12 | availability at the designated facility, the sheriff shall | ||||||
| 13 | contact the Department to inquire about when a placement will | ||||||
| 14 | become available at the designated facility as well as bed and | ||||||
| 15 | placement availability at other secure facilities. The | ||||||
| 16 | Department shall respond to the sheriff within 2 business days | ||||||
| 17 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
| 18 | and the Department shall provide the sheriff with the status | ||||||
| 19 | of the evaluation, information on bed and placement | ||||||
| 20 | availability, and an estimated date of admission for the | ||||||
| 21 | defendant and any changes to that estimated date of admission. | ||||||
| 22 | If the Department notifies the sheriff during the 2 business | ||||||
| 23 | day period of a facility operated by the Department with | ||||||
| 24 | placement availability, the sheriff shall promptly transport | ||||||
| 25 | the defendant to that facility. The placement may be ordered | ||||||
| 26 | either on an inpatient or an outpatient basis. | ||||||
| |||||||
| |||||||
| 1 | (c) If the defendant's disability is physical, the court | ||||||
| 2 | may order him placed under the supervision of the Department | ||||||
| 3 | of Human Services which shall place and maintain the defendant | ||||||
| 4 | in a suitable treatment facility or program, or the court may | ||||||
| 5 | order him placed in an appropriate public or private facility | ||||||
| 6 | or treatment program which has agreed to provide treatment to | ||||||
| 7 | the defendant. The placement may be ordered either on an | ||||||
| 8 | inpatient or an outpatient basis. | ||||||
| 9 | (d) The clerk of the circuit court shall within 5 days of | ||||||
| 10 | the entry of the order transmit to the Department, agency or | ||||||
| 11 | institution, if any, to which the defendant is remanded for | ||||||
| 12 | treatment, the following: | ||||||
| 13 | (1) a certified copy of the order to undergo | ||||||
| 14 | treatment. Accompanying the certified copy of the order to | ||||||
| 15 | undergo treatment shall be the complete copy of any report | ||||||
| 16 | prepared under Section 104-15 of this Code or other report | ||||||
| 17 | prepared by a forensic examiner for the court; | ||||||
| 18 | (2) the county and municipality in which the offense | ||||||
| 19 | was committed; | ||||||
| 20 | (3) the county and municipality in which the arrest | ||||||
| 21 | took place; | ||||||
| 22 | (4) a copy of the arrest report, criminal charges, | ||||||
| 23 | arrest record; and | ||||||
| 24 | (5) all additional matters which the Court directs the | ||||||
| 25 | clerk to transmit. | ||||||
| 26 | (e) Within 30 days of admission to the designated | ||||||
| |||||||
| |||||||
| 1 | facility, the person supervising the defendant's treatment | ||||||
| 2 | shall file with the court, the State, and the defense a report | ||||||
| 3 | assessing the facility's or program's capacity to provide | ||||||
| 4 | appropriate treatment for the defendant and indicating his | ||||||
| 5 | opinion as to the probability of the defendant's attaining | ||||||
| 6 | fitness within a period of time from the date of the finding of | ||||||
| 7 | unfitness. For a defendant charged with a felony, the period | ||||||
| 8 | of time shall be one year. For a defendant charged with a | ||||||
| 9 | misdemeanor, the period of time shall be no longer than the | ||||||
| 10 | sentence if convicted of the most serious offense. If the | ||||||
| 11 | report indicates that there is a substantial probability that | ||||||
| 12 | the defendant will attain fitness within the time period, the | ||||||
| 13 | treatment supervisor shall also file a treatment plan which | ||||||
| 14 | shall include: | ||||||
| 15 | (1) A diagnosis of the defendant's disability; | ||||||
| 16 | (2) A description of treatment goals with respect to | ||||||
| 17 | rendering the defendant fit, a specification of the | ||||||
| 18 | proposed treatment modalities, and an estimated timetable | ||||||
| 19 | for attainment of the goals; | ||||||
| 20 | (3) An identification of the person in charge of | ||||||
| 21 | supervising the defendant's treatment. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.) | ||||||
| 23 | (Text of Section after amendment by P.A. 104-318) | ||||||
| 24 | Sec. 104-17. Commitment for treatment; treatment plan. | ||||||
| 25 | (a) If the defendant is eligible to be or has been released | ||||||
| |||||||
| |||||||
| 1 | on bail pretrial release, the court shall select the least | ||||||
| 2 | physically restrictive form of treatment therapeutically | ||||||
| 3 | appropriate and consistent with the treatment plan. The | ||||||
| 4 | placement may be ordered either on an inpatient or an | ||||||
| 5 | outpatient basis. Placement shall be on an outpatient basis | ||||||
| 6 | unless the court determines that: | ||||||
| 7 | (1) treatment on an outpatient basis is reasonably | ||||||
| 8 | expected to inflict serious physical harm upon the | ||||||
| 9 | defendant or another. No defendant may be ordered to | ||||||
| 10 | inpatient restoration unless at least one licensed | ||||||
| 11 | physician, clinical psychologist, or psychiatrist who has | ||||||
| 12 | examined the defendant testifies in person at the hearing. | ||||||
| 13 | The defendant may waive the requirement of the testimony | ||||||
| 14 | subject to the approval of the court; or | ||||||
| 15 | (2) treatment that will restore the defendant to | ||||||
| 16 | fitness within a reasonable period of time is not | ||||||
| 17 | available on an outpatient basis. | ||||||
| 18 | (b) If the defendant's disability is mental, the court may | ||||||
| 19 | order him placed for secure treatment in the custody of the | ||||||
| 20 | Department of Human Services, or the court may order him | ||||||
| 21 | placed in the custody of any other appropriate public or | ||||||
| 22 | private mental health facility or treatment program which has | ||||||
| 23 | agreed to provide treatment to the defendant. If the most | ||||||
| 24 | serious charge faced by the defendant is a misdemeanor, the | ||||||
| 25 | court shall order outpatient treatment, unless the court finds | ||||||
| 26 | on the record that the defendant is reasonably expected to | ||||||
| |||||||
| |||||||
| 1 | inflict serious physical harm on the defendant or another due | ||||||
| 2 | to mental illness. No defendant may be ordered to inpatient | ||||||
| 3 | restoration unless at least one licensed physician, clinical | ||||||
| 4 | psychologist, or psychiatrist who has examined the defendant | ||||||
| 5 | testifies in person at the hearing. The defendant may waive | ||||||
| 6 | the requirement of the testimony subject to the approval of | ||||||
| 7 | the court. If the court orders the defendant to inpatient | ||||||
| 8 | treatment in the custody of the Department of Human Services, | ||||||
| 9 | the Department shall evaluate the defendant to determine the | ||||||
| 10 | most appropriate secure facility to receive the defendant and, | ||||||
| 11 | within 20 days of the transmittal by the clerk of the circuit | ||||||
| 12 | court of the court's placement order, notify the court of the | ||||||
| 13 | designated facility to receive the defendant. The Department | ||||||
| 14 | shall admit the defendant to a secure facility within 60 days | ||||||
| 15 | of the transmittal of the court's placement order, unless the | ||||||
| 16 | Department can demonstrate good faith efforts at placement and | ||||||
| 17 | a lack of bed and placement availability. If placement cannot | ||||||
| 18 | be made within 60 days of the transmittal of the court's | ||||||
| 19 | placement order and the Department has demonstrated good faith | ||||||
| 20 | efforts at placement and a lack of bed and placement | ||||||
| 21 | availability, the Department shall provide an update to the | ||||||
| 22 | ordering court every 30 days until the defendant is placed. | ||||||
| 23 | Once bed and placement availability is determined, the | ||||||
| 24 | Department shall notify the sheriff who shall promptly | ||||||
| 25 | transport the defendant to the designated facility. If the | ||||||
| 26 | defendant is placed in the custody of the Department of Human | ||||||
| |||||||
| |||||||
| 1 | Services, the defendant shall be placed in a secure setting. | ||||||
| 2 | During the period of time required to determine bed and | ||||||
| 3 | placement availability at the designated facility, the | ||||||
| 4 | defendant shall remain in jail. If during the course of | ||||||
| 5 | evaluating the defendant for placement, the Department of | ||||||
| 6 | Human Services determines that the defendant is currently fit | ||||||
| 7 | to stand trial, it shall immediately notify the court and | ||||||
| 8 | shall submit a written report within 7 days. In that | ||||||
| 9 | circumstance the placement shall be held pending a court | ||||||
| 10 | hearing on the Department's report. Otherwise, upon completion | ||||||
| 11 | of the placement process, including identifying bed and | ||||||
| 12 | placement availability, the sheriff shall be notified and | ||||||
| 13 | shall transport the defendant to the designated facility. If, | ||||||
| 14 | within 60 days of the transmittal by the clerk of the circuit | ||||||
| 15 | court of the court's placement order, the Department fails to | ||||||
| 16 | provide the sheriff with notice of bed and placement | ||||||
| 17 | availability at the designated facility, the sheriff shall | ||||||
| 18 | contact the Department to inquire about when a placement will | ||||||
| 19 | become available at the designated facility as well as bed and | ||||||
| 20 | placement availability at other secure facilities. The | ||||||
| 21 | Department shall respond to the sheriff within 2 business days | ||||||
| 22 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
| 23 | and the Department shall provide the sheriff with the status | ||||||
| 24 | of the evaluation, information on bed and placement | ||||||
| 25 | availability, and an estimated date of admission for the | ||||||
| 26 | defendant and any changes to that estimated date of admission. | ||||||
| |||||||
| |||||||
| 1 | If the Department notifies the sheriff during the 2 business | ||||||
| 2 | day period of a facility operated by the Department with | ||||||
| 3 | placement availability, the sheriff shall promptly transport | ||||||
| 4 | the defendant to that facility. The placement may be ordered | ||||||
| 5 | either on an inpatient or an outpatient basis. | ||||||
| 6 | (c) If the defendant's disability is physical, the court | ||||||
| 7 | may order him placed under the supervision of the Department | ||||||
| 8 | of Human Services which shall place and maintain the defendant | ||||||
| 9 | in a suitable treatment facility or program, or the court may | ||||||
| 10 | order him placed in an appropriate public or private facility | ||||||
| 11 | or treatment program which has agreed to provide treatment to | ||||||
| 12 | the defendant. The placement may be ordered either on an | ||||||
| 13 | inpatient or an outpatient basis. | ||||||
| 14 | (d) The clerk of the circuit court shall within 5 days of | ||||||
| 15 | the entry of the order transmit to the Department, agency or | ||||||
| 16 | institution, if any, to which the defendant is remanded for | ||||||
| 17 | treatment, the following: | ||||||
| 18 | (1) a certified copy of the order to undergo | ||||||
| 19 | treatment. Accompanying the certified copy of the order to | ||||||
| 20 | undergo treatment shall be the complete copy of any report | ||||||
| 21 | prepared under Section 104-15 of this Code or other report | ||||||
| 22 | prepared by a forensic examiner for the court; | ||||||
| 23 | (2) the county and municipality in which the offense | ||||||
| 24 | was committed; | ||||||
| 25 | (3) the county and municipality in which the arrest | ||||||
| 26 | took place; | ||||||
| |||||||
| |||||||
| 1 | (4) a copy of the arrest report, criminal charges, | ||||||
| 2 | arrest record; and | ||||||
| 3 | (5) all additional matters which the Court directs the | ||||||
| 4 | clerk to transmit. | ||||||
| 5 | (e) Within 30 days of admission to the designated | ||||||
| 6 | facility, the person supervising the defendant's treatment | ||||||
| 7 | shall file with the court, the State, and the defense a report | ||||||
| 8 | assessing the facility's or program's capacity to provide | ||||||
| 9 | appropriate treatment for the defendant and indicating his | ||||||
| 10 | opinion as to the probability of the defendant's attaining | ||||||
| 11 | fitness within a period of time from the date of the finding of | ||||||
| 12 | unfitness. For a defendant charged with a felony, the period | ||||||
| 13 | of time shall be one year. For a defendant charged with a | ||||||
| 14 | misdemeanor, the period of time shall be no longer than the | ||||||
| 15 | sentence if convicted of the most serious offense, less credit | ||||||
| 16 | for good behavior as provided in Section 5-4-1 of the Unified | ||||||
| 17 | Code of Corrections. If the report indicates that there is a | ||||||
| 18 | substantial probability that the defendant will attain fitness | ||||||
| 19 | within the time period, the treatment supervisor shall also | ||||||
| 20 | file a treatment plan which shall include: | ||||||
| 21 | (1) A diagnosis of the defendant's disability; | ||||||
| 22 | (2) A description of treatment goals with respect to | ||||||
| 23 | rendering the defendant fit, a specification of the | ||||||
| 24 | proposed treatment modalities, and an estimated timetable | ||||||
| 25 | for attainment of the goals; | ||||||
| 26 | (3) An identification of the person in charge of | ||||||
| |||||||
| |||||||
| 1 | supervising the defendant's treatment. | ||||||
| 2 | (Source: P.A. 104-318, eff. 1-1-26.) | ||||||
| 3 | (725 ILCS 5/106D-1) | ||||||
| 4 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
| 5 | television and video conference two-way audio-visual | ||||||
| 6 | communication system. | ||||||
| 7 | (a) Whenever the appearance in person in court, in either | ||||||
| 8 | a civil or criminal proceeding, is required of anyone held in a | ||||||
| 9 | place of custody or confinement operated by the State or any of | ||||||
| 10 | its political subdivisions, including counties and | ||||||
| 11 | municipalities, the chief judge of the circuit by rule may | ||||||
| 12 | permit the personal appearance to be made by means of a two-way | ||||||
| 13 | audio-visual communication system, including closed circuit | ||||||
| 14 | television and computerized video conference, in the following | ||||||
| 15 | proceedings: | ||||||
| 16 | (1) the initial appearance before a judge on a | ||||||
| 17 | criminal complaint, at which bail will be set; as provided | ||||||
| 18 | in subsection (f) of Section 109-1; | ||||||
| 19 | (2) the waiver of a preliminary hearing; | ||||||
| 20 | (3) the arraignment on an information or indictment at | ||||||
| 21 | which a plea of not guilty will be entered; | ||||||
| 22 | (4) the presentation of a jury waiver; | ||||||
| 23 | (5) any status hearing; | ||||||
| 24 | (6) any hearing conducted under the Sexually Violent | ||||||
| 25 | Persons Commitment Act at which no witness testimony will | ||||||
| |||||||
| |||||||
| 1 | be taken; and | ||||||
| 2 | (7) at any hearing at which no witness testimony will | ||||||
| 3 | be taken conducted under the following: | ||||||
| 4 | (A) Section 104-20 of this Code (90-day hearings); | ||||||
| 5 | (B) Section 104-22 of this Code (trial with | ||||||
| 6 | special provisions and assistance); | ||||||
| 7 | (C) Section 104-25 of this Code (discharge | ||||||
| 8 | hearing); or | ||||||
| 9 | (D) Section 5-2-4 of the Unified Code of | ||||||
| 10 | Corrections (proceedings after acquittal by reason of | ||||||
| 11 | insanity). | ||||||
| 12 | (b) The two-way audio-visual communication facilities must | ||||||
| 13 | provide two-way audio-visual communication between the court | ||||||
| 14 | and the place of custody or confinement, and must include a | ||||||
| 15 | secure line over which the person in custody and his or her | ||||||
| 16 | counsel, if any, may communicate. | ||||||
| 17 | (c) Nothing in this Section shall be construed to prohibit | ||||||
| 18 | other court appearances through the use of a two-way | ||||||
| 19 | audio-visual communication, upon waiver of any right the | ||||||
| 20 | person in custody or confinement may have to be present | ||||||
| 21 | physically. system if the person in custody or confinement | ||||||
| 22 | waives the right to be present physically in court, the court | ||||||
| 23 | determines that the physical health and safety of any person | ||||||
| 24 | necessary to the proceedings would be endangered by appearing | ||||||
| 25 | in court, or the chief judge of the circuit orders use of that | ||||||
| 26 | system due to operational challenges in conducting the hearing | ||||||
| |||||||
| |||||||
| 1 | in person. Such operational challenges must be documented and | ||||||
| 2 | approved by the chief judge of the circuit, and a plan to | ||||||
| 3 | address the challenges through reasonable efforts must be | ||||||
| 4 | presented and approved by the Administrative Office of the | ||||||
| 5 | Illinois Courts every 6 months. | ||||||
| 6 | (d) Nothing in this Section shall be construed to | ||||||
| 7 | establish a right of any person held in custody or confinement | ||||||
| 8 | to appear in court through a two-way audio-visual | ||||||
| 9 | communication system or to require that any governmental | ||||||
| 10 | entity, or place of custody or confinement, provide a two-way | ||||||
| 11 | audio-visual communication system. | ||||||
| 12 | (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21; | ||||||
| 13 | 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.) | ||||||
| 14 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4) | ||||||
| 15 | Sec. 107-4. Arrest by peace officer from other | ||||||
| 16 | jurisdiction. | ||||||
| 17 | (a) As used in this Section: | ||||||
| 18 | (1) "State" means any State of the United States and | ||||||
| 19 | the District of Columbia. | ||||||
| 20 | (2) "Peace Officer" means any peace officer or member | ||||||
| 21 | of any duly organized State, County, or Municipal peace | ||||||
| 22 | unit, any police force of another State, the United States | ||||||
| 23 | Department of Defense, or any police force whose members, | ||||||
| 24 | by statute, are granted and authorized to exercise powers | ||||||
| 25 | similar to those conferred upon any peace officer employed | ||||||
| |||||||
| |||||||
| 1 | by a law enforcement agency of this State. | ||||||
| 2 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
| 3 | person who is endeavoring to avoid arrest. | ||||||
| 4 | (4) "Law enforcement agency" means a municipal police | ||||||
| 5 | department or county sheriff's office of this State. | ||||||
| 6 | (a-3) Any peace officer employed by a law enforcement | ||||||
| 7 | agency of this State may conduct temporary questioning | ||||||
| 8 | pursuant to Section 107-14 of this Code and may make arrests in | ||||||
| 9 | any jurisdiction within this State: (1) if the officer is | ||||||
| 10 | engaged in the investigation of criminal activity that | ||||||
| 11 | occurred in the officer's primary jurisdiction and the | ||||||
| 12 | temporary questioning or arrest relates to, arises from, or is | ||||||
| 13 | conducted pursuant to that investigation; or (2) if the | ||||||
| 14 | officer, while on duty as a peace officer, becomes personally | ||||||
| 15 | aware of the immediate commission of a felony or misdemeanor | ||||||
| 16 | violation of the laws of this State; or (3) if the officer, | ||||||
| 17 | while on duty as a peace officer, is requested by an | ||||||
| 18 | appropriate State or local law enforcement official to render | ||||||
| 19 | aid or assistance to the requesting law enforcement agency | ||||||
| 20 | that is outside the officer's primary jurisdiction; or (4) in | ||||||
| 21 | accordance with Section 2605-580 of the Illinois State Police | ||||||
| 22 | Law of the Civil Administrative Code of Illinois. While acting | ||||||
| 23 | pursuant to this subsection, an officer has the same authority | ||||||
| 24 | as within his or her own jurisdiction. | ||||||
| 25 | (a-7) The law enforcement agency of the county or | ||||||
| 26 | municipality in which any arrest is made under this Section | ||||||
| |||||||
| |||||||
| 1 | shall be immediately notified of the arrest. | ||||||
| 2 | (b) Any peace officer of another State who enters this | ||||||
| 3 | State in fresh pursuit and continues within this State in | ||||||
| 4 | fresh pursuit of a person in order to arrest him on the ground | ||||||
| 5 | that he has committed an offense in the other State has the | ||||||
| 6 | same authority to arrest and hold the person in custody as | ||||||
| 7 | peace officers of this State have to arrest and hold a person | ||||||
| 8 | in custody on the ground that he has committed an offense in | ||||||
| 9 | this State. | ||||||
| 10 | (c) If an arrest is made in this State by a peace officer | ||||||
| 11 | of another State in accordance with the provisions of this | ||||||
| 12 | Section he shall without unnecessary delay take the person | ||||||
| 13 | arrested before the circuit court of the county in which the | ||||||
| 14 | arrest was made. Such court shall conduct a hearing for the | ||||||
| 15 | purpose of determining the lawfulness of the arrest. If the | ||||||
| 16 | court determines that the arrest was lawful it shall commit | ||||||
| 17 | the person arrested, to await for a reasonable time the | ||||||
| 18 | issuance of an extradition warrant by the Governor of this | ||||||
| 19 | State, or admit him to bail pretrial release for such purpose. | ||||||
| 20 | If the court determines that the arrest was unlawful it shall | ||||||
| 21 | discharge the person arrested. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; | ||||||
| 23 | 102-813, eff. 5-13-22.) | ||||||
| 24 | (725 ILCS 5/107-9) (from Ch. 38, par. 107-9) | ||||||
| 25 | Sec. 107-9. Issuance of arrest warrant upon complaint. | ||||||
| |||||||
| |||||||
| 1 | (a) When a complaint is presented to a court charging that | ||||||
| 2 | an offense has been committed, it shall examine upon oath or | ||||||
| 3 | affirmation the complainant or any witnesses. | ||||||
| 4 | (b) The complaint shall be in writing and shall: | ||||||
| 5 | (1) State the name of the accused if known, and if not | ||||||
| 6 | known the accused may be designated by any name or | ||||||
| 7 | description by which he can be identified with reasonable | ||||||
| 8 | certainty; | ||||||
| 9 | (2) State the offense with which the accused is | ||||||
| 10 | charged; | ||||||
| 11 | (3) State the time and place of the offense as | ||||||
| 12 | definitely as can be done by the complainant; and | ||||||
| 13 | (4) Be subscribed and sworn to by the complainant. | ||||||
| 14 | (b-5) If an arrest warrant or summons is sought and the | ||||||
| 15 | request is made by electronic means that has a simultaneous | ||||||
| 16 | video and audio transmission between the requester and a | ||||||
| 17 | judge, the judge may issue an arrest warrant or summons based | ||||||
| 18 | upon a sworn complaint or sworn testimony communicated in the | ||||||
| 19 | transmission. | ||||||
| 20 | (c) A warrant shall or summons may be issued by the court | ||||||
| 21 | for the arrest or appearance of the person complained against | ||||||
| 22 | if it appears from the contents of the complaint and the | ||||||
| 23 | examination of the complainant or other witnesses, if any, | ||||||
| 24 | that the person against whom the complaint was made has | ||||||
| 25 | committed an offense. | ||||||
| 26 | (d) The warrant of arrest or summons shall: | ||||||
| |||||||
| |||||||
| 1 | (1) Be in writing; | ||||||
| 2 | (2) Specify the name, sex and birth date of the person | ||||||
| 3 | to be arrested or summoned or, if his name, sex or birth | ||||||
| 4 | date is unknown, shall designate such person by any name | ||||||
| 5 | or description by which the person can be identified with | ||||||
| 6 | reasonable certainty; | ||||||
| 7 | (3) Set forth the nature of the offense; | ||||||
| 8 | (4) State the date when issued and the municipality or | ||||||
| 9 | county where issued; | ||||||
| 10 | (5) Be signed by the judge of the court with the title | ||||||
| 11 | of the judge's office; and | ||||||
| 12 | (6) Command that the person against whom the complaint | ||||||
| 13 | was made to be arrested and brought before the court | ||||||
| 14 | issuing the warrant or if he is absent or unable to act | ||||||
| 15 | before the nearest or most accessible court in the same | ||||||
| 16 | county issuing the warrant or the nearest or most | ||||||
| 17 | accessible court in the same county, or appear before the | ||||||
| 18 | court at a certain time and place; | ||||||
| 19 | (7) Specify the amount of bail conditions of pretrial | ||||||
| 20 | release, if any; and | ||||||
| 21 | (8) Specify any geographical limitation placed on the | ||||||
| 22 | execution of the warrant, if any, but such limitation | ||||||
| 23 | shall not be expressed in mileage. | ||||||
| 24 | (e) The summons may be served in the same manner as the | ||||||
| 25 | summons in a civil action, except that a police officer may | ||||||
| 26 | serve a summons for a violation of an ordinance occurring | ||||||
| |||||||
| |||||||
| 1 | within the municipality of the police officer. | ||||||
| 2 | (f) If the person summoned fails to appear by the date | ||||||
| 3 | required or cannot be located to serve the summons, a warrant | ||||||
| 4 | may be issued by the court for the arrest of the person | ||||||
| 5 | complained against. | ||||||
| 6 | (g) A warrant of arrest issued under this Section shall | ||||||
| 7 | incorporate the information included in the summons, and shall | ||||||
| 8 | comply with the following: | ||||||
| 9 | (1) The arrest warrant shall specify any geographic | ||||||
| 10 | limitation placed on the execution of the warrant, but | ||||||
| 11 | such limitation shall not be expressed in mileage. | ||||||
| 12 | (e) (2) The arrest warrant shall be directed to all peace | ||||||
| 13 | officers in the State. It shall be executed by the peace | ||||||
| 14 | officer, or by a private person specially named therein, at | ||||||
| 15 | any location within the geographic limitation for execution | ||||||
| 16 | placed on the warrant. If no geographic limitation is placed | ||||||
| 17 | on the warrant, then it may be executed anywhere in the State. | ||||||
| 18 | (f) (h) The arrest warrant or summons may be issued | ||||||
| 19 | electronically or electromagnetically by use of electronic | ||||||
| 20 | mail or a facsimile transmission machine and any such arrest | ||||||
| 21 | warrant or summons shall have the same validity as a written | ||||||
| 22 | arrest warrant or summons. | ||||||
| 23 | (Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
| 24 | 102-1104, eff. 1-1-23.) | ||||||
| 25 | (725 ILCS 5/107-11) (from Ch. 38, par. 107-11) | ||||||
| |||||||
| |||||||
| 1 | Sec. 107-11. When summons may be issued. | ||||||
| 2 | (a) When authorized to issue a warrant of arrest, a court | ||||||
| 3 | may instead issue a summons. | ||||||
| 4 | (b) The summons shall: | ||||||
| 5 | (1) Be in writing; | ||||||
| 6 | (2) State the name of the person summoned and his or | ||||||
| 7 | her address, if known; | ||||||
| 8 | (3) Set forth the nature of the offense; | ||||||
| 9 | (4) State the date when issued and the municipality or | ||||||
| 10 | county where issued; | ||||||
| 11 | (5) Be signed by the judge of the court with the title | ||||||
| 12 | of his or her office; and | ||||||
| 13 | (6) Command the person to appear before a court at a | ||||||
| 14 | certain time and place. | ||||||
| 15 | (c) The summons may be served in the same manner as the | ||||||
| 16 | summons in a civil action or by certified or regular mail, | ||||||
| 17 | except that police officers may serve summons for violations | ||||||
| 18 | of ordinances occurring within their municipalities. | ||||||
| 19 | (Source: P.A. 102-1104, eff. 12-6-22.) | ||||||
| 20 | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1) | ||||||
| 21 | Sec. 109-1. Person arrested; release from law enforcement | ||||||
| 22 | custody and court appearance; geographic constraints prevent | ||||||
| 23 | in-person appearances. | ||||||
| 24 | (a) A person arrested with or without a warrant for an | ||||||
| 25 | offense for which pretrial release may be denied under | ||||||
| |||||||
| |||||||
| 1 | paragraphs (1) through (6) of Section 110-6.1 shall be taken | ||||||
| 2 | without unnecessary delay before the nearest and most | ||||||
| 3 | accessible judge in that county, except when such county is a | ||||||
| 4 | participant in a regional jail authority, in which event such | ||||||
| 5 | person may be taken to the nearest and most accessible judge, | ||||||
| 6 | irrespective of the county where such judge presides, within | ||||||
| 7 | 48 hours, and a charge shall be filed. Whenever a person | ||||||
| 8 | arrested either with or without a warrant is required to be | ||||||
| 9 | taken before a judge, a charge may be filed against such person | ||||||
| 10 | by way of a two-way closed circuit television system | ||||||
| 11 | audio-visual communication system, except that a hearing to | ||||||
| 12 | deny pretrial release bail to the defendant may not be | ||||||
| 13 | conducted by way of closed circuit television two-way | ||||||
| 14 | audio-visual communication system unless the accused waives | ||||||
| 15 | the right to be present physically in court, the court | ||||||
| 16 | determines that the physical health and safety of any person | ||||||
| 17 | necessary to the proceedings would be endangered by appearing | ||||||
| 18 | in court, or the chief judge of the circuit orders use of that | ||||||
| 19 | system due to operational challenges in conducting the hearing | ||||||
| 20 | in person. Such operational challenges must be documented and | ||||||
| 21 | approved by the chief judge of the circuit, and a plan to | ||||||
| 22 | address the challenges through reasonable efforts must be | ||||||
| 23 | presented and approved by the Administrative Office of the | ||||||
| 24 | Illinois Courts every 6 months.. | ||||||
| 25 | (a-1) Law enforcement shall issue a citation in lieu of | ||||||
| 26 | custodial arrest, upon proper identification, for those | ||||||
| |||||||
| |||||||
| 1 | accused of any offense that is not a felony or Class A | ||||||
| 2 | misdemeanor unless (i) a law enforcement officer reasonably | ||||||
| 3 | believes the accused poses a threat to the community or any | ||||||
| 4 | person, (ii) a custodial arrest is necessary because the | ||||||
| 5 | criminal activity persists after the issuance of a citation, | ||||||
| 6 | or (iii) the accused has an obvious medical or mental health | ||||||
| 7 | issue that poses a risk to the accused's own safety. Nothing in | ||||||
| 8 | this Section requires arrest in the case of Class A | ||||||
| 9 | misdemeanor and felony offenses, or otherwise limits existing | ||||||
| 10 | law enforcement discretion to decline to effect a custodial | ||||||
| 11 | arrest. | ||||||
| 12 | (a-3) A person arrested with or without a warrant for an | ||||||
| 13 | offense for which pretrial release may not be denied may, | ||||||
| 14 | except as otherwise provided in this Code, be released by a law | ||||||
| 15 | enforcement officer without appearing before a judge. A | ||||||
| 16 | presumption in favor of pretrial release shall be applied by | ||||||
| 17 | an arresting officer in the exercise of his or her discretion | ||||||
| 18 | under this Section. | ||||||
| 19 | (a-5) A person charged with an offense shall be allowed | ||||||
| 20 | counsel at the hearing at which pretrial release bail is | ||||||
| 21 | determined under Article 110 of this Code. If the defendant | ||||||
| 22 | desires counsel for his or her initial appearance but is | ||||||
| 23 | unable to obtain counsel, the court shall appoint a public | ||||||
| 24 | defender or licensed attorney at law of this State to | ||||||
| 25 | represent him or her for purposes of that hearing. | ||||||
| 26 | (b) Upon initial appearance of a person before the court, | ||||||
| |||||||
| |||||||
| 1 | the The judge shall: | ||||||
| 2 | (1) inform the defendant of the charge against him and | ||||||
| 3 | shall provide him with a copy of the charge; | ||||||
| 4 | (2) advise the defendant of his right to counsel and | ||||||
| 5 | if indigent shall appoint a public defender or licensed | ||||||
| 6 | attorney at law of this State to represent him in | ||||||
| 7 | accordance with the provisions of Section 113-3 of this | ||||||
| 8 | Code; | ||||||
| 9 | (3) schedule a preliminary hearing in appropriate | ||||||
| 10 | cases; | ||||||
| 11 | (4) admit the defendant to pretrial release bail in | ||||||
| 12 | accordance with the provisions of Article 110/5 110 of | ||||||
| 13 | this Code, or upon verified petition of the State, proceed | ||||||
| 14 | with the setting of a detention hearing as provided in | ||||||
| 15 | Section 110-6.1; and | ||||||
| 16 | (5) order Order the confiscation of the person's | ||||||
| 17 | passport or impose travel restrictions on a defendant | ||||||
| 18 | arrested for first degree murder or other violent crime as | ||||||
| 19 | defined in Section 3 of the Rights of Crime Victims and | ||||||
| 20 | Witnesses Act, if the judge determines, based on the | ||||||
| 21 | factors in Section 110-5 of this Code, that this will | ||||||
| 22 | reasonably ensure the appearance of the defendant and | ||||||
| 23 | compliance by the defendant with all conditions of | ||||||
| 24 | release. | ||||||
| 25 | (c) The court may issue an order of protection in | ||||||
| 26 | accordance with the provisions of Article 112A of this Code. | ||||||
| |||||||
| |||||||
| 1 | Crime victims shall be given notice by the State's Attorney's | ||||||
| 2 | office of this hearing as required in paragraph (2) of | ||||||
| 3 | subsection (b) of the Rights of Crime Victims and Witnesses | ||||||
| 4 | Act and shall be informed of their opportunity at this hearing | ||||||
| 5 | to obtain an order of protection under Article 112A of this | ||||||
| 6 | Code. | ||||||
| 7 | (d) At the initial appearance of a defendant in any | ||||||
| 8 | criminal proceeding, the court must advise the defendant in | ||||||
| 9 | open court that any foreign national who is arrested or | ||||||
| 10 | detained has the right to have notice of the arrest or | ||||||
| 11 | detention given to his or her country's consular | ||||||
| 12 | representatives and the right to communicate with those | ||||||
| 13 | consular representatives if the notice has not already been | ||||||
| 14 | provided. The court must make a written record of so advising | ||||||
| 15 | the defendant. | ||||||
| 16 | (e) If consular notification is not provided to a | ||||||
| 17 | defendant before his or her first appearance in court, the | ||||||
| 18 | court shall grant any reasonable request for a continuance of | ||||||
| 19 | the proceedings to allow contact with the defendant's | ||||||
| 20 | consulate. Any delay caused by the granting of the request by a | ||||||
| 21 | defendant shall temporarily suspend for the time of the delay | ||||||
| 22 | the period within which a person shall be tried as prescribed | ||||||
| 23 | by subsections (a), (b), or (e) of Section 103-5 of this Code | ||||||
| 24 | and on the day of the expiration of delay the period shall | ||||||
| 25 | continue at the point at which it was suspended. | ||||||
| 26 | (f) At the hearing at which conditions of pretrial release | ||||||
| |||||||
| |||||||
| 1 | are determined, the person charged shall be present in person | ||||||
| 2 | rather than by two-way audio-video communication system unless | ||||||
| 3 | the accused waives the right to be present physically in | ||||||
| 4 | court, the court determines that the physical health and | ||||||
| 5 | safety of any person necessary to the proceedings would be | ||||||
| 6 | endangered by appearing in court, or the chief judge of the | ||||||
| 7 | circuit orders use of that system due to operational | ||||||
| 8 | challenges in conducting the hearing in person. Such | ||||||
| 9 | operational challenges must be documented and approved by the | ||||||
| 10 | chief judge of the circuit, and a plan to address the | ||||||
| 11 | challenges through reasonable efforts must be presented and | ||||||
| 12 | approved by the Administrative Office of the Illinois Courts | ||||||
| 13 | every 6 months. | ||||||
| 14 | (g) Defense counsel shall be given adequate opportunity to | ||||||
| 15 | confer with the defendant prior to any hearing in which | ||||||
| 16 | conditions of release or the detention of the defendant is to | ||||||
| 17 | be considered, with a physical accommodation made to | ||||||
| 18 | facilitate attorney/client consultation. If defense counsel | ||||||
| 19 | needs to confer or consult with the defendant during any | ||||||
| 20 | hearing conducted via a two-way audio-visual communication | ||||||
| 21 | system, such consultation shall not be recorded and shall be | ||||||
| 22 | undertaken consistent with constitutional protections. | ||||||
| 23 | (Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
| 24 | 102-1104, eff. 1-1-23.) | ||||||
| 25 | (725 ILCS 5/109-2) (from Ch. 38, par. 109-2) | ||||||
| |||||||
| |||||||
| 1 | Sec. 109-2. Person arrested in another county. | ||||||
| 2 | (a) Any person arrested in a county other than the one in | ||||||
| 3 | which a warrant for his arrest was issued shall be taken | ||||||
| 4 | without unnecessary delay before the nearest and most | ||||||
| 5 | accessible judge in the county where the arrest was made or, if | ||||||
| 6 | no additional delay is created, before the nearest and most | ||||||
| 7 | accessible judge in the county from which the warrant was | ||||||
| 8 | issued. He shall be admitted to bail in the amount specified in | ||||||
| 9 | the warrant or, for offenses other than felonies, in an amount | ||||||
| 10 | as set by the judge, and such bail shall be conditioned on his | ||||||
| 11 | appearing in the court issuing the warrant on a certain date. | ||||||
| 12 | The judge may hold a hearing to determine if the defendant is | ||||||
| 13 | the same person as named in the warrant. | ||||||
| 14 | (b) Notwithstanding the provisions of subsection (a), any | ||||||
| 15 | person arrested in a county other than the one in which a | ||||||
| 16 | warrant for his arrest was issued, may waive the right to be | ||||||
| 17 | taken before a judge in the county where the arrest was made. | ||||||
| 18 | If a person so arrested waives such right, the arresting | ||||||
| 19 | agency shall surrender such person to a law enforcement agency | ||||||
| 20 | of the county that issued the warrant without unnecessary | ||||||
| 21 | delay. The provisions of Section 109-1 shall then apply to the | ||||||
| 22 | person so arrested. | ||||||
| 23 | (c) If a person is taken before a judge in any county and a | ||||||
| 24 | warrant for arrest issued by another Illinois county exists | ||||||
| 25 | for that person, the court in the arresting county shall hold | ||||||
| 26 | for that person a detention hearing under Section 110-6.1, or | ||||||
| |||||||
| |||||||
| 1 | other hearing under Section 110-5 or Section 110-6. | ||||||
| 2 | (d) After the court in the arresting county has determined | ||||||
| 3 | whether the person shall be released or detained on the | ||||||
| 4 | arresting offense, the court shall then order the sheriff to | ||||||
| 5 | immediately contact the sheriff in any county where any | ||||||
| 6 | warrant is outstanding and notify them of the arrest of the | ||||||
| 7 | individual. | ||||||
| 8 | (e) If a person has a warrant in another county for an | ||||||
| 9 | offense, then, no later than 5 calendar days after the end of | ||||||
| 10 | any detention issued on the charge in the arresting county, | ||||||
| 11 | the county where the warrant is outstanding shall do one of the | ||||||
| 12 | following: | ||||||
| 13 | (1) transport the person to the county where the | ||||||
| 14 | warrant was issued for a hearing under Section 110-6 or | ||||||
| 15 | 110-6.1 in the matter for which the warrant was issued; or | ||||||
| 16 | (2) quash the warrant and order the person released on | ||||||
| 17 | the case for which the warrant was issued only when the | ||||||
| 18 | county that issued the warrant fails to transport the | ||||||
| 19 | defendant in the timeline as proscribed. | ||||||
| 20 | (f) If the issuing county fails to take any action under | ||||||
| 21 | subsection (e) within 5 calendar days, the defendant shall be | ||||||
| 22 | released from custody on the warrant, and the circuit judge or | ||||||
| 23 | associate circuit judge in the county of arrest shall set | ||||||
| 24 | conditions of release under Section 110-5 and shall admit the | ||||||
| 25 | defendant to pretrial release for his or her appearance before | ||||||
| 26 | the court named in the warrant. Upon releasing the defendant, | ||||||
| |||||||
| |||||||
| 1 | the circuit judge or associate circuit judge shall certify | ||||||
| 2 | such a fact on the warrant and deliver the warrant and the | ||||||
| 3 | acknowledgment by the defendant of his or her receiving the | ||||||
| 4 | conditions of pretrial release to the officer having charge of | ||||||
| 5 | the defendant from arrest and without delay deliver such | ||||||
| 6 | warrant and such acknowledgment by the defendant of his or her | ||||||
| 7 | receiving the conditions to the court before which the | ||||||
| 8 | defendant is required to appear. | ||||||
| 9 | (g) If a person has a warrant in another county, in lieu of | ||||||
| 10 | transporting the person to the issuing county as outlined in | ||||||
| 11 | subsection (e), the issuing county may hold the hearing by way | ||||||
| 12 | of a two-way audio-visual communication system if the accused | ||||||
| 13 | waives the right to be physically present in court, the court | ||||||
| 14 | determines that the physical health and safety of any person | ||||||
| 15 | necessary to the proceedings would be endangered by appearing | ||||||
| 16 | in court, or the chief judge of the circuit orders use of that | ||||||
| 17 | system due to operational challenges in conducting the hearing | ||||||
| 18 | in person. Such operational challenges must be documented and | ||||||
| 19 | approved by the chief judge of the circuit, and a plan to | ||||||
| 20 | address the challenges through reasonable efforts must be | ||||||
| 21 | presented and approved by the Administrative Office of the | ||||||
| 22 | Illinois Courts every 6 months. | ||||||
| 23 | (h) If more than 2 Illinois county warrants exist, the | ||||||
| 24 | judge in the county of arrest shall order that the process | ||||||
| 25 | described in subsections (d) through (f) occur in each county | ||||||
| 26 | in whatever order the judge finds most appropriate. Each judge | ||||||
| |||||||
| |||||||
| 1 | in each subsequent county shall then follow the rules in this | ||||||
| 2 | Section. | ||||||
| 3 | (i) This Section applies only to warrants issued by | ||||||
| 4 | Illinois state, county, or municipal courts. | ||||||
| 5 | (j) When an issuing agency is contacted by an out-of-state | ||||||
| 6 | agency of a person arrested for any offense, or when an | ||||||
| 7 | arresting agency is contacted by or contacts an out-of-state | ||||||
| 8 | issuing agency, the Uniform Criminal Extradition Act shall | ||||||
| 9 | govern. | ||||||
| 10 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 11 | (725 ILCS 5/109-3) (from Ch. 38, par. 109-3) | ||||||
| 12 | Sec. 109-3. Preliminary examination. | ||||||
| 13 | (a) The judge shall hold the defendant to answer to the | ||||||
| 14 | court having jurisdiction of the offense if from the evidence | ||||||
| 15 | it appears there is probable cause to believe an offense has | ||||||
| 16 | been committed by the defendant, as provided in Section | ||||||
| 17 | 109-3.1 of this Code, if the offense is a felony. | ||||||
| 18 | (b) If the defendant waives preliminary examination the | ||||||
| 19 | judge shall hold him to answer and may, or on the demand of the | ||||||
| 20 | prosecuting attorney shall, cause the witnesses for the State | ||||||
| 21 | to be examined. After hearing the testimony if it appears that | ||||||
| 22 | there is not probable cause to believe the defendant guilty of | ||||||
| 23 | any offense the judge shall discharge him. | ||||||
| 24 | (c) During the examination of any witness or when the | ||||||
| 25 | defendant is making a statement or testifying the judge may | ||||||
| |||||||
| |||||||
| 1 | and on the request of the defendant or State shall exclude all | ||||||
| 2 | other witnesses. He may also cause the witnesses to be kept | ||||||
| 3 | separate and to be prevented from communicating with each | ||||||
| 4 | other until all are examined. | ||||||
| 5 | (d) If the defendant is held to answer the judge may | ||||||
| 6 | require any material witness for the State or defendant to | ||||||
| 7 | enter into a written undertaking to appear at the trial, and | ||||||
| 8 | may provide for the forfeiture of a sum certain in the event | ||||||
| 9 | the witness does not appear at the trial. Any witness who | ||||||
| 10 | refuses to execute a recognizance may be committed by the | ||||||
| 11 | judge to the custody of the sheriff until trial or further | ||||||
| 12 | order of the court having jurisdiction of the cause. Any | ||||||
| 13 | witness who executes a recognizance and fails to comply with | ||||||
| 14 | its terms shall, in addition to any forfeiture provided in the | ||||||
| 15 | recognizance, be subject to the penalty provided in Section | ||||||
| 16 | 32-10 of the Criminal Code of 2012 for violation of bail bond | ||||||
| 17 | commits a Class C misdemeanor. | ||||||
| 18 | (e) During preliminary hearing or examination the | ||||||
| 19 | defendant may move for an order of suppression of evidence | ||||||
| 20 | pursuant to Section 114-11 or 114-12 of this Act or for other | ||||||
| 21 | reasons, and may move for dismissal of the charge pursuant to | ||||||
| 22 | Section 114-1 of this Act or for other reasons. | ||||||
| 23 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 24 | (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1) | ||||||
| 25 | Sec. 109-3.1. Persons charged with felonies. | ||||||
| |||||||
| |||||||
| 1 | (a) In any case involving a person charged with a felony in | ||||||
| 2 | this State, alleged to have been committed on or after January | ||||||
| 3 | 1, 1984, the provisions of this Section shall apply. | ||||||
| 4 | (b) Every person in custody in this State for the alleged | ||||||
| 5 | commission of a felony shall receive either a preliminary | ||||||
| 6 | examination as provided in Section 109-3 or an indictment by | ||||||
| 7 | Grand Jury as provided in Section 111-2, within 30 days from | ||||||
| 8 | the date he or she was taken into custody. Every person on bail | ||||||
| 9 | or recognizance released pretrial for the alleged commission | ||||||
| 10 | of a felony shall receive either a preliminary examination as | ||||||
| 11 | provided in Section 109-3 or an indictment by Grand Jury as | ||||||
| 12 | provided in Section 111-2, within 60 days from the date he or | ||||||
| 13 | she was arrested. | ||||||
| 14 | The provisions of this paragraph shall not apply in the | ||||||
| 15 | following situations: | ||||||
| 16 | (1) when delay is occasioned by the defendant; or | ||||||
| 17 | (2) when the defendant has been indicted by the Grand | ||||||
| 18 | Jury on the felony offense for which he or she was | ||||||
| 19 | initially taken into custody or on an offense arising from | ||||||
| 20 | the same transaction or conduct of the defendant that was | ||||||
| 21 | the basis for the felony offense or offenses initially | ||||||
| 22 | charged; or | ||||||
| 23 | (3) when a competency examination is ordered by the | ||||||
| 24 | court; or | ||||||
| 25 | (4) when a competency hearing is held; or | ||||||
| 26 | (5) when an adjudication of incompetency for trial has | ||||||
| |||||||
| |||||||
| 1 | been made; or | ||||||
| 2 | (6) when the case has been continued by the court | ||||||
| 3 | under Section 114-4 of this Code after a determination | ||||||
| 4 | that the defendant is physically incompetent to stand | ||||||
| 5 | trial. | ||||||
| 6 | (c) Delay occasioned by the defendant shall temporarily | ||||||
| 7 | suspend, for the time of the delay, the period within which the | ||||||
| 8 | preliminary examination must be held. On the day of expiration | ||||||
| 9 | of the delay the period in question shall continue at the point | ||||||
| 10 | at which it was suspended. | ||||||
| 11 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 12 | (725 ILCS 5/Art. 110 heading) | ||||||
| 13 | ARTICLE 110. BAIL PRETRIAL RELEASE | ||||||
| 14 | (725 ILCS 5/110-1) (from Ch. 38, par. 110-1) | ||||||
| 15 | Sec. 110-1. Definitions. As used in this Article: | ||||||
| 16 | (a) (Blank). | ||||||
| 17 | "Security" is that which is required to be pledged to | ||||||
| 18 | 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, | ||||||
| |||||||
| |||||||
| 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 in the Department of Corrections, | ||||||
| 4 | without probation, periodic imprisonment or conditional | ||||||
| 5 | discharge, is required by law upon conviction. | ||||||
| 6 | "Real and present threat to the physical safety of any | ||||||
| 7 | person or persons", as used in this Article, includes a threat | ||||||
| 8 | to the community, person, persons or class of persons. | ||||||
| 9 | (d)(Blank). | ||||||
| 10 | (e) "Protective order" means any order of protection | ||||||
| 11 | issued under Section 112A-14 of this Code or the Illinois | ||||||
| 12 | Domestic Violence Act of 1986, a stalking no contact order | ||||||
| 13 | issued under Section 80 of the Stalking No Contact Order Act, | ||||||
| 14 | or a civil no contact order issued under Section 213 of the | ||||||
| 15 | Civil No Contact Order Act. | ||||||
| 16 | (f) "Willful flight" means intentional conduct with a | ||||||
| 17 | purpose to thwart the judicial process to avoid prosecution. | ||||||
| 18 | Isolated instances of nonappearance in court alone are not | ||||||
| 19 | evidence of the risk of willful flight. Reoccurrence and | ||||||
| 20 | patterns of intentional conduct to evade prosecution, along | ||||||
| 21 | with any affirmative steps to communicate or remedy any such | ||||||
| 22 | missed court date, may be considered as factors in assessing | ||||||
| 23 | future intent to evade prosecution. | ||||||
| 24 | (Source: P.A. 102-813, eff. 5-13-22; 102-1104, eff. 1-1-23; | ||||||
| 25 | 103-154, eff. 6-30-23.) | ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/110-2) (from Ch. 38, par. 110-2) | ||||||
| 2 | Sec. 110-2. Release on own recognizance Pretrial release. | ||||||
| 3 | When from all the circumstances the court is of the opinion | ||||||
| 4 | that the defendant will appear as required either before or | ||||||
| 5 | after conviction and the defendant will not pose a danger to | ||||||
| 6 | any person or the community and that the defendant will comply | ||||||
| 7 | with all conditions of bond, which shall include the | ||||||
| 8 | defendant's current address with a written admonishment to the | ||||||
| 9 | defendant that he or she must comply with the provisions of | ||||||
| 10 | Section 110-12 of this Code regarding any change in his or her | ||||||
| 11 | address, the defendant may be released on his or her own | ||||||
| 12 | recognizance. The defendant's address shall at all times | ||||||
| 13 | remain a matter of public record with the clerk of the court. A | ||||||
| 14 | failure to appear as required by such recognizance shall | ||||||
| 15 | constitute an offense subject to the penalty provided in | ||||||
| 16 | Section 32-10 of the Criminal Code of 2012 for violation of the | ||||||
| 17 | bail bond, and any obligated sum fixed in the recognizance | ||||||
| 18 | shall be forfeited and collected in accordance with subsection | ||||||
| 19 | (g) of Section 110-7.1 of this Code. | ||||||
| 20 | This Section shall be liberally construed to effectuate | ||||||
| 21 | the purpose of relying upon contempt of court proceedings or | ||||||
| 22 | criminal sanctions instead of financial loss to assure the | ||||||
| 23 | appearance of the defendant, and that the defendant will not | ||||||
| 24 | pose a danger to any person or the community and that the | ||||||
| 25 | defendant will comply with all conditions of bond. Monetary | ||||||
| 26 | bail should be set only when it is determined that no other | ||||||
| |||||||
| |||||||
| 1 | conditions of release will reasonably assure the defendant's | ||||||
| 2 | appearance in court, that the defendant does not present a | ||||||
| 3 | danger to any person or the community and that the defendant | ||||||
| 4 | will comply with all conditions of bond. | ||||||
| 5 | The State may appeal any order permitting release by | ||||||
| 6 | personal recognizance. | ||||||
| 7 | (a) All persons charged with an offense shall be eligible | ||||||
| 8 | for pretrial release before conviction. It is presumed that a | ||||||
| 9 | defendant is entitled to release on personal recognizance on | ||||||
| 10 | the condition that the defendant attend all required court | ||||||
| 11 | proceedings and the defendant does not commit any criminal | ||||||
| 12 | offense, and complies with all terms of pretrial release, | ||||||
| 13 | including, but not limited to, orders of protection under both | ||||||
| 14 | Section 112A-4 of this Code and Section 214 of the Illinois | ||||||
| 15 | Domestic Violence Act of 1986, all civil no contact orders, | ||||||
| 16 | and all stalking no contact orders. Pretrial release may be | ||||||
| 17 | denied only if a person is charged with an offense listed in | ||||||
| 18 | Section 110-6.1 and after the court has held a hearing under | ||||||
| 19 | Section 110-6.1, and in a manner consistent with subsections | ||||||
| 20 | (b), (c), and (d) of this Section. | ||||||
| 21 | (b) At all pretrial hearings, the prosecution shall have | ||||||
| 22 | the burden to prove by clear and convincing evidence that any | ||||||
| 23 | condition of release is necessary. | ||||||
| 24 | (c) When it is alleged that pretrial release should be | ||||||
| 25 | denied to a person upon the grounds that the person presents a | ||||||
| 26 | real and present threat to the safety of any person or persons | ||||||
| |||||||
| |||||||
| 1 | or the community, based on the specific articulable facts of | ||||||
| 2 | the case, the burden of proof of such allegations shall be upon | ||||||
| 3 | the State. | ||||||
| 4 | (d) When it is alleged that pretrial release should be | ||||||
| 5 | denied to a person charged with stalking or aggravated | ||||||
| 6 | stalking upon the grounds set forth in Section 110-6.3, the | ||||||
| 7 | burden of proof of those allegations shall be upon the State. | ||||||
| 8 | (e) This Section shall be liberally construed to | ||||||
| 9 | effectuate the purpose of relying on pretrial release by | ||||||
| 10 | nonmonetary means to reasonably ensure an eligible person's | ||||||
| 11 | appearance in court, the protection of the safety of any other | ||||||
| 12 | person or the community, that the person will not attempt or | ||||||
| 13 | obstruct the criminal justice process, and the person's | ||||||
| 14 | compliance with all conditions of release, while authorizing | ||||||
| 15 | the court, upon motion of a prosecutor, to order pretrial | ||||||
| 16 | detention of the person under Section 110-6.1 when it finds | ||||||
| 17 | clear and convincing evidence that no condition or combination | ||||||
| 18 | of conditions can reasonably ensure the effectuation of these | ||||||
| 19 | goals. | ||||||
| 20 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 21 | (725 ILCS 5/110-3.1 new) | ||||||
| 22 | Sec. 110-3.1. Issuance of warrant. | ||||||
| 23 | (a) Upon failure to comply with any condition of a bail | ||||||
| 24 | bond or recognizance the court having jurisdiction at the time | ||||||
| 25 | of such failure may, in addition to any other action provided | ||||||
| |||||||
| |||||||
| 1 | by law, issue a warrant for the arrest of the person at liberty | ||||||
| 2 | on bail or his own recognizance. The contents of such a warrant | ||||||
| 3 | shall be the same as required for an arrest warrant issued upon | ||||||
| 4 | complaint. When a defendant is at liberty on bail or his own | ||||||
| 5 | recognizance on a felony charge and fails to appear in court as | ||||||
| 6 | directed, the court shall issue a warrant for the arrest of | ||||||
| 7 | such person. Such warrant shall be noted with a directive to | ||||||
| 8 | peace officers to arrest the person and hold such person | ||||||
| 9 | without bail and to deliver such person before the court for | ||||||
| 10 | further proceedings. | ||||||
| 11 | (b) A defendant who is arrested or surrenders within 30 | ||||||
| 12 | days of the issuance of such warrant shall not be bailable in | ||||||
| 13 | the case in question unless he shows by the preponderance of | ||||||
| 14 | the evidence that his failure to appear was not intentional. | ||||||
| 15 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5) | ||||||
| 16 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
| 17 | of release. | ||||||
| 18 | (a) In determining the amount of monetary bail or | ||||||
| 19 | conditions of release, if any, which will reasonably assure | ||||||
| 20 | the appearance of a defendant as required or the safety of any | ||||||
| 21 | other person or the community and the likelihood of compliance | ||||||
| 22 | by the defendant with all the conditions of bail, the court | ||||||
| 23 | shall, on the basis of available information, take into | ||||||
| 24 | account such matters as the nature and circumstances of the | ||||||
| 25 | offense charged, whether the evidence shows that as part of | ||||||
| |||||||
| |||||||
| 1 | the offense there was a use of violence or threatened use of | ||||||
| 2 | violence, whether the offense involved corruption of public | ||||||
| 3 | officials or employees, whether there was physical harm or | ||||||
| 4 | threats of physical harm to any public official, public | ||||||
| 5 | employee, judge, prosecutor, juror or witness, senior citizen, | ||||||
| 6 | child, or person with a disability, whether evidence shows | ||||||
| 7 | that during the offense or during the arrest the defendant | ||||||
| 8 | possessed or used a firearm, machine gun, explosive or metal | ||||||
| 9 | piercing ammunition or explosive bomb device or any military | ||||||
| 10 | or paramilitary armament, whether the evidence shows that the | ||||||
| 11 | offense committed was related to or in furtherance of the | ||||||
| 12 | criminal activities of an organized gang or was motivated by | ||||||
| 13 | the defendant's membership in or allegiance to an organized | ||||||
| 14 | gang, the condition of the victim, any written statement | ||||||
| 15 | submitted by the victim or proffer or representation by the | ||||||
| 16 | State regarding the impact which the alleged criminal conduct | ||||||
| 17 | has had on the victim and the victim's concern, if any, with | ||||||
| 18 | further contact with the defendant if released on bail, | ||||||
| 19 | whether the offense was based on racial, religious, sexual | ||||||
| 20 | orientation or ethnic hatred, the likelihood of the filing of | ||||||
| 21 | a greater charge, the likelihood of conviction, the sentence | ||||||
| 22 | applicable upon conviction, the weight of the evidence against | ||||||
| 23 | such defendant, whether there exists motivation or ability to | ||||||
| 24 | flee, whether there is any verification as to prior residence, | ||||||
| 25 | education, or family ties in the local jurisdiction, in | ||||||
| 26 | another county, state or foreign country, the defendant's | ||||||
| |||||||
| |||||||
| 1 | employment, financial resources, character and mental | ||||||
| 2 | condition, past conduct, prior use of alias names or dates of | ||||||
| 3 | birth, and length of residence in the community, the consent | ||||||
| 4 | of the defendant to periodic drug testing in accordance with | ||||||
| 5 | Section 110-6.5-1, whether a foreign national defendant is | ||||||
| 6 | lawfully admitted in the United States of America, whether the | ||||||
| 7 | government of the foreign national maintains an extradition | ||||||
| 8 | treaty with the United States by which the foreign government | ||||||
| 9 | will extradite to the United States its national for a trial | ||||||
| 10 | for a crime allegedly committed in the United States, whether | ||||||
| 11 | the defendant is currently subject to deportation or exclusion | ||||||
| 12 | under the immigration laws of the United States, whether the | ||||||
| 13 | defendant, although a United States citizen, is considered | ||||||
| 14 | under the law of any foreign state a national of that state for | ||||||
| 15 | the purposes of extradition or non-extradition to the United | ||||||
| 16 | States, the amount of unrecovered proceeds lost as a result of | ||||||
| 17 | the alleged offense, the source of bail funds tendered or | ||||||
| 18 | sought to be tendered for bail, whether from the totality of | ||||||
| 19 | the court's consideration, the loss of funds posted or sought | ||||||
| 20 | to be posted for bail will not deter the defendant from flight, | ||||||
| 21 | whether the evidence shows that the defendant is engaged in | ||||||
| 22 | significant possession, manufacture, or delivery of a | ||||||
| 23 | controlled substance or cannabis, either individually or in | ||||||
| 24 | consort with others, whether at the time of the offense | ||||||
| 25 | charged he or she was on bond or pre-trial release pending | ||||||
| 26 | trial, probation, periodic imprisonment or conditional | ||||||
| |||||||
| |||||||
| 1 | discharge pursuant to this Code or the comparable Code of any | ||||||
| 2 | other state or federal jurisdiction, whether the defendant is | ||||||
| 3 | on bond or pre-trial release pending the imposition or | ||||||
| 4 | execution of sentence or appeal of sentence for any offense | ||||||
| 5 | under the laws of Illinois or any other state or federal | ||||||
| 6 | jurisdiction, whether the defendant is under parole, aftercare | ||||||
| 7 | release, mandatory supervised release, or work release from | ||||||
| 8 | the Illinois Department of Corrections or Illinois Department | ||||||
| 9 | of Juvenile Justice or any penal institution or corrections | ||||||
| 10 | department of any state or federal jurisdiction, the | ||||||
| 11 | defendant's record of convictions, whether the defendant has | ||||||
| 12 | been convicted of a misdemeanor or ordinance offense in | ||||||
| 13 | Illinois or similar offense in other state or federal | ||||||
| 14 | jurisdiction within the 10 years preceding the current charge | ||||||
| 15 | or convicted of a felony in Illinois, whether the defendant | ||||||
| 16 | was convicted of an offense in another state or federal | ||||||
| 17 | jurisdiction that would be a felony if committed in Illinois | ||||||
| 18 | within the 20 years preceding the current charge or has been | ||||||
| 19 | convicted of such felony and released from the penitentiary | ||||||
| 20 | within 20 years preceding the current charge if a penitentiary | ||||||
| 21 | sentence was imposed in Illinois or other state or federal | ||||||
| 22 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
| 23 | of delinquency in any jurisdiction, any record of appearance | ||||||
| 24 | or failure to appear by the defendant at court proceedings, | ||||||
| 25 | whether there was flight to avoid arrest or prosecution, | ||||||
| 26 | whether the defendant escaped or attempted to escape to avoid | ||||||
| |||||||
| |||||||
| 1 | arrest, whether the defendant refused to identify himself or | ||||||
| 2 | herself, or whether there was a refusal by the defendant to be | ||||||
| 3 | fingerprinted as required by law. Information used by the | ||||||
| 4 | court in its findings or stated in or offered in connection | ||||||
| 5 | with this Section may be by way of proffer based upon reliable | ||||||
| 6 | information offered by the State or defendant. All evidence | ||||||
| 7 | shall be admissible if it is relevant and reliable regardless | ||||||
| 8 | of whether it would be admissible under the rules of evidence | ||||||
| 9 | applicable at criminal trials. If the State presents evidence | ||||||
| 10 | that the offense committed by the defendant was related to or | ||||||
| 11 | in furtherance of the criminal activities of an organized gang | ||||||
| 12 | or was motivated by the defendant's membership in or | ||||||
| 13 | allegiance to an organized gang, and if the court determines | ||||||
| 14 | that the evidence may be substantiated, the court shall | ||||||
| 15 | prohibit the defendant from associating with other members of | ||||||
| 16 | the organized gang as a condition of bail or release. For the | ||||||
| 17 | purposes of this Section, "organized gang" has the meaning | ||||||
| 18 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
| 19 | Terrorism Omnibus Prevention Act. | ||||||
| 20 | (a-5) There shall be a presumption that any conditions of | ||||||
| 21 | release imposed shall be non-monetary in nature and the court | ||||||
| 22 | shall impose the least restrictive conditions or combination | ||||||
| 23 | of conditions necessary to reasonably assure the appearance of | ||||||
| 24 | the defendant for further court proceedings and protect the | ||||||
| 25 | integrity of the judicial proceedings from a specific threat | ||||||
| 26 | to a witness or participant. Conditions of release may | ||||||
| |||||||
| |||||||
| 1 | include, but not be limited to, electronic home monitoring, | ||||||
| 2 | curfews, drug counseling, stay-away orders, and in-person | ||||||
| 3 | reporting. The court shall consider the defendant's | ||||||
| 4 | socio-economic circumstance when setting conditions of release | ||||||
| 5 | or imposing monetary bail. | ||||||
| 6 | (b) The amount of bail shall be: | ||||||
| 7 | (1) Sufficient to assure compliance with the | ||||||
| 8 | conditions set forth in the bail bond, which shall include | ||||||
| 9 | the defendant's current address with a written | ||||||
| 10 | admonishment to the defendant that he or she must comply | ||||||
| 11 | with the provisions of Section 110-12 regarding any change | ||||||
| 12 | in his or her address. The defendant's address shall at | ||||||
| 13 | all times remain a matter of public record with the clerk | ||||||
| 14 | of the court. | ||||||
| 15 | (2) Not oppressive. | ||||||
| 16 | (3) Considerate of the financial ability of the | ||||||
| 17 | accused. | ||||||
| 18 | (4) When a person is charged with a drug related | ||||||
| 19 | offense involving possession or delivery of cannabis or | ||||||
| 20 | possession or delivery of a controlled substance as | ||||||
| 21 | defined in the Cannabis Control Act, the Illinois | ||||||
| 22 | Controlled Substances Act, or the Methamphetamine Control | ||||||
| 23 | and Community Protection Act, the full street value of the | ||||||
| 24 | drugs seized shall be considered. "Street value" shall be | ||||||
| 25 | determined by the court on the basis of a proffer by the | ||||||
| 26 | State based upon reliable information of a law enforcement | ||||||
| |||||||
| |||||||
| 1 | official contained in a written report as to the amount | ||||||
| 2 | seized and such proffer may be used by the court as to the | ||||||
| 3 | current street value of the smallest unit of the drug | ||||||
| 4 | seized. | ||||||
| 5 | (b-5) Upon the filing of a written request demonstrating | ||||||
| 6 | reasonable cause, the State's Attorney may request a source of | ||||||
| 7 | bail hearing either before or after the posting of any funds. | ||||||
| 8 | If the hearing is granted, before the posting of any bail, the | ||||||
| 9 | accused must file a written notice requesting that the court | ||||||
| 10 | conduct a source of bail hearing. The notice must be | ||||||
| 11 | accompanied by justifying affidavits stating the legitimate | ||||||
| 12 | and lawful source of funds for bail. At the hearing, the court | ||||||
| 13 | shall inquire into any matters stated in any justifying | ||||||
| 14 | affidavits, and may also inquire into matters appropriate to | ||||||
| 15 | the determination which shall include, but are not limited to, | ||||||
| 16 | the following: | ||||||
| 17 | (1) the background, character, reputation, and | ||||||
| 18 | relationship to the accused of any surety; and | ||||||
| 19 | (2) the source of any money or property deposited by | ||||||
| 20 | any surety, and whether any such money or property | ||||||
| 21 | constitutes the fruits of criminal or unlawful conduct; | ||||||
| 22 | and | ||||||
| 23 | (3) the source of any money posted as cash bail, and | ||||||
| 24 | whether any such money constitutes the fruits of criminal | ||||||
| 25 | or unlawful conduct; and | ||||||
| 26 | (4) the background, character, reputation, and | ||||||
| |||||||
| |||||||
| 1 | relationship to the accused of the person posting cash | ||||||
| 2 | bail. | ||||||
| 3 | Upon setting the hearing, the court shall examine, under | ||||||
| 4 | oath, any persons who may possess material information. | ||||||
| 5 | The State's Attorney has a right to attend the hearing, to | ||||||
| 6 | call witnesses and to examine any witness in the proceeding. | ||||||
| 7 | The court shall, upon request of the State's Attorney, | ||||||
| 8 | continue the proceedings for a reasonable period to allow the | ||||||
| 9 | State's Attorney to investigate the matter raised in any | ||||||
| 10 | testimony or affidavit. If the hearing is granted after the | ||||||
| 11 | accused has posted bail, the court shall conduct a hearing | ||||||
| 12 | consistent with this subsection (b-5). At the conclusion of | ||||||
| 13 | the hearing, the court must issue an order either approving or | ||||||
| 14 | disapproving the bail. | ||||||
| 15 | (c) When a person is charged with an offense punishable by | ||||||
| 16 | fine only the amount of the bail shall not exceed double the | ||||||
| 17 | amount of the maximum penalty. | ||||||
| 18 | (d) When a person has been convicted of an offense and only | ||||||
| 19 | a fine has been imposed the amount of the bail shall not exceed | ||||||
| 20 | double the amount of the fine. | ||||||
| 21 | (e) The State may appeal any order granting bail or | ||||||
| 22 | setting a given amount for bail. | ||||||
| 23 | (f) When a person is charged with a violation of an order | ||||||
| 24 | of protection under Section 12-3.4 or 12-30 of the Criminal | ||||||
| 25 | Code of 1961 or the Criminal Code of 2012 or when a person is | ||||||
| 26 | charged with domestic battery, aggravated domestic battery, | ||||||
| |||||||
| |||||||
| 1 | kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
| 2 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
| 3 | cyberstalking, harassment by telephone, harassment through | ||||||
| 4 | electronic communications, or an attempt to commit first | ||||||
| 5 | degree murder committed against an intimate partner regardless | ||||||
| 6 | whether an order of protection has been issued against the | ||||||
| 7 | person, | ||||||
| 8 | (1) whether the alleged incident involved harassment | ||||||
| 9 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
| 10 | of 1986; | ||||||
| 11 | (2) whether the person has a history of domestic | ||||||
| 12 | violence, as defined in the Illinois Domestic Violence | ||||||
| 13 | Act, or a history of other criminal acts; | ||||||
| 14 | (3) based on the mental health of the person; | ||||||
| 15 | (4) whether the person has a history of violating the | ||||||
| 16 | orders of any court or governmental entity; | ||||||
| 17 | (5) whether the person has been, or is, potentially a | ||||||
| 18 | threat to any other person; | ||||||
| 19 | (6) whether the person has access to deadly weapons or | ||||||
| 20 | a history of using deadly weapons; | ||||||
| 21 | (7) whether the person has a history of abusing | ||||||
| 22 | alcohol or any controlled substance; | ||||||
| 23 | (8) based on the severity of the alleged incident that | ||||||
| 24 | is the basis of the alleged offense, including, but not | ||||||
| 25 | limited to, the duration of the current incident, and | ||||||
| 26 | whether the alleged incident involved the use of a weapon, | ||||||
| |||||||
| |||||||
| 1 | physical injury, sexual assault, strangulation, abuse | ||||||
| 2 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
| 3 | forcible entry to gain access to the alleged victim; | ||||||
| 4 | (9) whether a separation of the person from the | ||||||
| 5 | alleged victim or a termination of the relationship | ||||||
| 6 | between the person and the alleged victim has recently | ||||||
| 7 | occurred or is pending; | ||||||
| 8 | (10) whether the person has exhibited obsessive or | ||||||
| 9 | controlling behaviors toward the alleged victim, | ||||||
| 10 | including, but not limited to, stalking, surveillance, or | ||||||
| 11 | isolation of the alleged victim or victim's family member | ||||||
| 12 | or members; | ||||||
| 13 | (11) whether the person has expressed suicidal or | ||||||
| 14 | homicidal ideations; | ||||||
| 15 | (12) based on any information contained in the | ||||||
| 16 | complaint and any police reports, affidavits, or other | ||||||
| 17 | documents accompanying the complaint; | ||||||
| 18 | the court may, in its discretion, order the respondent to | ||||||
| 19 | undergo a risk assessment evaluation using a recognized, | ||||||
| 20 | evidence-based instrument conducted by an Illinois Department | ||||||
| 21 | of Human Services approved partner abuse intervention program | ||||||
| 22 | provider, pretrial service, probation, or parole agency. These | ||||||
| 23 | agencies shall have access to summaries of the defendant's | ||||||
| 24 | criminal history, which shall not include victim interviews or | ||||||
| 25 | information, for the risk evaluation. Based on the information | ||||||
| 26 | collected from the 12 points to be considered at a bail hearing | ||||||
| |||||||
| |||||||
| 1 | under this subsection (f), the results of any risk evaluation | ||||||
| 2 | conducted and the other circumstances of the violation, the | ||||||
| 3 | court may order that the person, as a condition of bail, be | ||||||
| 4 | placed under electronic surveillance as provided in Section | ||||||
| 5 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
| 6 | determination whether or not to order the respondent to | ||||||
| 7 | undergo a risk assessment evaluation or to be placed under | ||||||
| 8 | electronic surveillance and risk assessment, the court shall | ||||||
| 9 | document in the record the court's reasons for making those | ||||||
| 10 | determinations. The cost of the electronic surveillance and | ||||||
| 11 | risk assessment shall be paid by, or on behalf, of the | ||||||
| 12 | defendant. As used in this subsection (f), "intimate partner" | ||||||
| 13 | means a spouse or a current or former partner in a cohabitation | ||||||
| 14 | or dating relationship. | ||||||
| 15 | (a) In determining which conditions of pretrial release, | ||||||
| 16 | if any, will reasonably ensure the appearance of a defendant | ||||||
| 17 | as required or the safety of any other person or the community | ||||||
| 18 | and the likelihood of compliance by the defendant with all the | ||||||
| 19 | conditions of pretrial release, the court shall, on the basis | ||||||
| 20 | of available information, take into account such matters as: | ||||||
| 21 | (1) the nature and circumstances of the offense | ||||||
| 22 | charged; | ||||||
| 23 | (2) the weight of the evidence against the defendant, | ||||||
| 24 | except that the court may consider the admissibility of | ||||||
| 25 | any evidence sought to be excluded; | ||||||
| 26 | (3) the history and characteristics of the defendant, | ||||||
| |||||||
| |||||||
| 1 | including: | ||||||
| 2 | (A) the defendant's character, physical and mental | ||||||
| 3 | condition, family ties, employment, financial | ||||||
| 4 | resources, length of residence in the community, | ||||||
| 5 | community ties, past relating to drug or alcohol | ||||||
| 6 | abuse, conduct, history criminal history, and record | ||||||
| 7 | concerning appearance at court proceedings; and | ||||||
| 8 | (B) whether, at the time of the current offense or | ||||||
| 9 | arrest, the defendant was on probation, parole, or on | ||||||
| 10 | other release pending trial, sentencing, appeal, or | ||||||
| 11 | completion of sentence for an offense under federal | ||||||
| 12 | law, or the law of this or any other state; | ||||||
| 13 | (4) the nature and seriousness of the real and present | ||||||
| 14 | threat to the safety of any person or persons or the | ||||||
| 15 | community, based on the specific articulable facts of the | ||||||
| 16 | case, that would be posed by the defendant's release, if | ||||||
| 17 | applicable, as required under paragraph (7.5) of Section 4 | ||||||
| 18 | of the Rights of Crime Victims and Witnesses Act; | ||||||
| 19 | (5) the nature and seriousness of the risk of | ||||||
| 20 | obstructing or attempting to obstruct the criminal justice | ||||||
| 21 | process that would be posed by the defendant's release, if | ||||||
| 22 | applicable; | ||||||
| 23 | (6) when a person is charged with a violation of a | ||||||
| 24 | protective order, domestic battery, aggravated domestic | ||||||
| 25 | battery, kidnapping, aggravated kidnaping, unlawful | ||||||
| 26 | restraint, aggravated unlawful restraint, cyberstalking, | ||||||
| |||||||
| |||||||
| 1 | harassment by telephone, harassment through electronic | ||||||
| 2 | communications, or an attempt to commit first degree | ||||||
| 3 | murder committed against a spouse or a current or former | ||||||
| 4 | partner in a cohabitation or dating relationship, | ||||||
| 5 | regardless of whether an order of protection has been | ||||||
| 6 | issued against the person, the court may consider the | ||||||
| 7 | following additional factors: | ||||||
| 8 | (A) whether the alleged incident involved | ||||||
| 9 | harassment or abuse, as defined in the Illinois | ||||||
| 10 | Domestic Violence Act of 1986; | ||||||
| 11 | (B) whether the person has a history of domestic | ||||||
| 12 | violence, as defined in the Illinois Domestic Violence | ||||||
| 13 | Act of 1986, or a history of other criminal acts; | ||||||
| 14 | (C) the mental health of the person; | ||||||
| 15 | (D) whether the person has a history of violating | ||||||
| 16 | the orders of any court or governmental entity; | ||||||
| 17 | (E) whether the person has been, or is, | ||||||
| 18 | potentially a threat to any other person; | ||||||
| 19 | (F) whether the person has access to deadly | ||||||
| 20 | weapons or a history of using deadly weapons; | ||||||
| 21 | (G) whether the person has a history of abusing | ||||||
| 22 | alcohol or any controlled substance; | ||||||
| 23 | (H) the severity of the alleged incident that is | ||||||
| 24 | the basis of the alleged offense, including, but not | ||||||
| 25 | limited to, the duration of the current incident, and | ||||||
| 26 | whether the alleged incident involved the use of a | ||||||
| |||||||
| |||||||
| 1 | weapon, physical injury, sexual assault, | ||||||
| 2 | strangulation, abuse during the alleged victim's | ||||||
| 3 | pregnancy, abuse of pets, or forcible entry to gain | ||||||
| 4 | access to the alleged victim; | ||||||
| 5 | (I) whether a separation of the person from the | ||||||
| 6 | victim of abuse or a termination of the relationship | ||||||
| 7 | between the person and the victim of abuse has | ||||||
| 8 | recently occurred or is pending; | ||||||
| 9 | (J) whether the person has exhibited obsessive or | ||||||
| 10 | controlling behaviors toward the victim of abuse, | ||||||
| 11 | including, but not limited to, stalking, surveillance, | ||||||
| 12 | or isolation of the victim of abuse or the victim's | ||||||
| 13 | family member or members; | ||||||
| 14 | (K) whether the person has expressed suicidal or | ||||||
| 15 | homicidal ideations; and | ||||||
| 16 | (L) any other factors deemed by the court to have a | ||||||
| 17 | reasonable bearing upon the defendant's propensity or | ||||||
| 18 | reputation for violent, abusive, or assaultive | ||||||
| 19 | behavior, or lack of that behavior. | ||||||
| 20 | (7) in cases of stalking or aggravated stalking under | ||||||
| 21 | Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the | ||||||
| 22 | court may consider the factors listed in paragraph (6) and | ||||||
| 23 | the following additional factors: | ||||||
| 24 | (A) any evidence of the defendant's prior criminal | ||||||
| 25 | history indicative of violent, abusive or assaultive | ||||||
| 26 | behavior, or lack of that behavior; the evidence may | ||||||
| |||||||
| |||||||
| 1 | include testimony or documents received in juvenile | ||||||
| 2 | proceedings, criminal, quasi-criminal, civil | ||||||
| 3 | commitment, domestic relations, or other proceedings; | ||||||
| 4 | (B) any evidence of the defendant's psychological, | ||||||
| 5 | psychiatric, or other similar social history that | ||||||
| 6 | tends to indicate a violent, abusive, or assaultive | ||||||
| 7 | nature, or lack of any such history; | ||||||
| 8 | (C) the nature of the threat that is the basis of | ||||||
| 9 | the charge against the defendant; | ||||||
| 10 | (D) any statements made by, or attributed to, the | ||||||
| 11 | defendant, together with the circumstances surrounding | ||||||
| 12 | them; | ||||||
| 13 | (E) the age and physical condition of any person | ||||||
| 14 | allegedly assaulted by the defendant; | ||||||
| 15 | (F) whether the defendant is known to possess or | ||||||
| 16 | have access to any weapon or weapons; and | ||||||
| 17 | (G) any other factors deemed by the court to have a | ||||||
| 18 | reasonable bearing upon the defendant's propensity or | ||||||
| 19 | reputation for violent, abusive, or assaultive | ||||||
| 20 | behavior, or lack of that behavior. | ||||||
| 21 | (b) The court may use a regularly validated risk | ||||||
| 22 | assessment tool to aid its determination of appropriate | ||||||
| 23 | conditions of release as provided under Section 110-6.4. If a | ||||||
| 24 | risk assessment tool is used, the defendant's counsel shall be | ||||||
| 25 | provided with the information and scoring system of the risk | ||||||
| 26 | assessment tool used to arrive at the determination. The | ||||||
| |||||||
| |||||||
| 1 | defendant retains the right to challenge the validity of a | ||||||
| 2 | risk assessment tool used by the court and to present evidence | ||||||
| 3 | relevant to the defendant's challenge. | ||||||
| 4 | (c) The court shall impose any conditions that are | ||||||
| 5 | mandatory under subsection (a) of Section 110-10. The court | ||||||
| 6 | may impose any conditions that are permissible under | ||||||
| 7 | subsection (b) of Section 110-10. The conditions of release | ||||||
| 8 | imposed shall be the least restrictive conditions or | ||||||
| 9 | combination of conditions necessary to reasonably ensure the | ||||||
| 10 | appearance of the defendant as required or the safety of any | ||||||
| 11 | other person or persons or the community. | ||||||
| 12 | (d) When a person is charged with a violation of a | ||||||
| 13 | protective order, the court may order the defendant placed | ||||||
| 14 | under electronic surveillance as a condition of pretrial | ||||||
| 15 | release, as provided in Section 5-8A-7 of the Unified Code of | ||||||
| 16 | Corrections, based on the information collected under | ||||||
| 17 | paragraph (6) of subsection (a) of this Section, the results | ||||||
| 18 | of any assessment conducted, or other circumstances of the | ||||||
| 19 | violation. | ||||||
| 20 | (e) If a person remains in pretrial detention 48 hours | ||||||
| 21 | after having been ordered released with pretrial conditions, | ||||||
| 22 | the court shall hold a hearing to determine the reason for | ||||||
| 23 | continued detention. If the reason for continued detention is | ||||||
| 24 | due to the unavailability or the defendant's ineligibility for | ||||||
| 25 | one or more pretrial conditions previously ordered by the | ||||||
| 26 | court or directed by a pretrial services agency, the court | ||||||
| |||||||
| |||||||
| 1 | shall reopen the conditions of release hearing to determine | ||||||
| 2 | what available pretrial conditions exist that will reasonably | ||||||
| 3 | ensure the appearance of a defendant as required, the safety | ||||||
| 4 | of any other person, and the likelihood of compliance by the | ||||||
| 5 | defendant with all the conditions of pretrial release. The | ||||||
| 6 | inability of the defendant to pay for a condition of release or | ||||||
| 7 | any other ineligibility for a condition of pretrial release | ||||||
| 8 | shall not be used as a justification for the pretrial | ||||||
| 9 | detention of that defendant. | ||||||
| 10 | (f) Prior to the defendant's first appearance, and with | ||||||
| 11 | sufficient time for meaningful attorney-client contact to | ||||||
| 12 | gather information in order to advocate effectively for the | ||||||
| 13 | defendant's pretrial release, the court shall appoint the | ||||||
| 14 | public defender or a licensed attorney at law of this State to | ||||||
| 15 | represent the defendant for purposes of that hearing, unless | ||||||
| 16 | the defendant has obtained licensed counsel. Defense counsel | ||||||
| 17 | shall have access to the same documentary information relied | ||||||
| 18 | upon by the prosecution and presented to the court. | ||||||
| 19 | (f-5) At each subsequent appearance of the defendant | ||||||
| 20 | before the court, the judge must find that the current | ||||||
| 21 | conditions imposed are necessary to reasonably ensure the | ||||||
| 22 | appearance of the defendant as required, the safety of any | ||||||
| 23 | other person, and the compliance of the defendant with all the | ||||||
| 24 | conditions of pretrial release. The court is not required to | ||||||
| 25 | be presented with new information or a change in circumstance | ||||||
| 26 | to remove pretrial conditions. | ||||||
| |||||||
| |||||||
| 1 | (g) Electronic monitoring, GPS monitoring, or home | ||||||
| 2 | confinement can only be imposed as a condition of pretrial | ||||||
| 3 | release if a no less restrictive condition of release or | ||||||
| 4 | combination of less restrictive condition of release would | ||||||
| 5 | reasonably ensure the appearance of the defendant for later | ||||||
| 6 | hearings or protect an identifiable person or persons from | ||||||
| 7 | imminent threat of serious physical harm. | ||||||
| 8 | (h) If the court imposes electronic monitoring, GPS | ||||||
| 9 | monitoring, or home confinement, the court shall set forth in | ||||||
| 10 | the record the basis for its finding. A defendant shall be | ||||||
| 11 | given custodial credit for each day he or she was subjected to | ||||||
| 12 | home confinement, at the same rate described in subsection (b) | ||||||
| 13 | of Section 5-4.5-100 of the Unified Code of Corrections. The | ||||||
| 14 | court may give custodial credit to a defendant for each day the | ||||||
| 15 | defendant was subjected to GPS monitoring without home | ||||||
| 16 | confinement or electronic monitoring without home confinement. | ||||||
| 17 | (i) If electronic monitoring, GPS monitoring, or home | ||||||
| 18 | confinement is imposed, the court shall determine every 60 | ||||||
| 19 | days if no less restrictive condition of release or | ||||||
| 20 | combination of less restrictive conditions of release would | ||||||
| 21 | reasonably ensure the appearance, or continued appearance, of | ||||||
| 22 | the defendant for later hearings or protect an identifiable | ||||||
| 23 | person or persons from imminent threat of serious physical | ||||||
| 24 | harm. If the court finds that there are less restrictive | ||||||
| 25 | conditions of release, the court shall order that the | ||||||
| 26 | condition be removed. This subsection takes effect January 1, | ||||||
| |||||||
| |||||||
| 1 | 2022. | ||||||
| 2 | (j) Crime Victims shall be given notice by the State's | ||||||
| 3 | Attorney's office of this hearing as required in paragraph (1) | ||||||
| 4 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
| 5 | and Witnesses Act and shall be informed of their opportunity | ||||||
| 6 | at this hearing to obtain a protective order. | ||||||
| 7 | (k) The State and defendants may appeal court orders | ||||||
| 8 | imposing conditions of pretrial release. | ||||||
| 9 | (Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21; | ||||||
| 10 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff. | ||||||
| 11 | 1-1-23.) | ||||||
| 12 | (725 ILCS 5/110-5.2) | ||||||
| 13 | Sec. 110-5.2. Bail Pretrial release; pregnant pre-trial | ||||||
| 14 | detainee. | ||||||
| 15 | (a) It is the policy of this State that a pre-trial | ||||||
| 16 | detainee shall not be required to deliver a child while in | ||||||
| 17 | custody absent a finding by the court that continued pre-trial | ||||||
| 18 | custody is necessary to protect the public or the victim of the | ||||||
| 19 | offense on which the charge is based alleviate a real and | ||||||
| 20 | present threat to the safety of any person or persons or the | ||||||
| 21 | community, based on the specific articulable facts of the | ||||||
| 22 | case, or prevent the defendant's willful flight. | ||||||
| 23 | (b) If the court reasonably believes that a pre-trial | ||||||
| 24 | detainee will give birth while in custody, the court shall | ||||||
| 25 | order an alternative to custody unless, after a hearing, the | ||||||
| |||||||
| |||||||
| 1 | court determines: | ||||||
| 2 | (1) that the release of the pregnant pre-trial | ||||||
| 3 | detainee would pose a real and present threat to the | ||||||
| 4 | physical safety of the alleged victim of the offense and | ||||||
| 5 | continuing custody is necessary to prevent the fulfillment | ||||||
| 6 | of the threat upon which the charge is based; or the | ||||||
| 7 | pregnant pretrial detainee is charged with an offense for | ||||||
| 8 | which pretrial release may be denied under Section | ||||||
| 9 | 110-6.1; and | ||||||
| 10 | (2) that the release of the pregnant pre-trial | ||||||
| 11 | detainee would pose a real and present threat to the | ||||||
| 12 | physical safety of any person or persons or the general | ||||||
| 13 | public after a hearing under Section 110-6.1 that | ||||||
| 14 | considers the circumstances of the pregnancy, the court | ||||||
| 15 | determines that continued detention is the only way to | ||||||
| 16 | prevent a real and present threat to the safety of any | ||||||
| 17 | person or persons or the community, based on the specific | ||||||
| 18 | articulable facts of the case, or prevent the defendant's | ||||||
| 19 | willful flight. | ||||||
| 20 | (c) The court may order a pregnant or post-partum detainee | ||||||
| 21 | to be subject to electronic monitoring as a condition of | ||||||
| 22 | pre-trial release or order other condition or combination of | ||||||
| 23 | conditions the court reasonably determines are in the best | ||||||
| 24 | interest of the detainee and the public. Electronic Monitoring | ||||||
| 25 | may be ordered by the court only if no less restrictive | ||||||
| 26 | condition of release or combination of less restrictive | ||||||
| |||||||
| |||||||
| 1 | conditions of release would reasonably ensure the appearance, | ||||||
| 2 | or continued appearance, of the defendant for later hearings | ||||||
| 3 | or protect an identifiable person or persons from imminent | ||||||
| 4 | threat of serious physical harm. All pregnant people or those | ||||||
| 5 | who have given birth within 6 weeks shall be granted ample | ||||||
| 6 | movement to attend doctor's appointments and for emergencies | ||||||
| 7 | related to the health of the pregnancy, infant, or postpartum | ||||||
| 8 | person. | ||||||
| 9 | (d) This Section shall be applicable to a pregnant | ||||||
| 10 | pre-trial detainee in custody on or after the effective date | ||||||
| 11 | of this amendatory Act of the 100th General Assembly. | ||||||
| 12 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 13 | (725 ILCS 5/110-6) | ||||||
| 14 | Sec. 110-6. Modification of bail or conditions Revocation | ||||||
| 15 | of pretrial release, modification of conditions of pretrial | ||||||
| 16 | release, and sanctions for violations of conditions of | ||||||
| 17 | pretrial release. | ||||||
| 18 | (a) Upon verified application by the State or the | ||||||
| 19 | defendant or on its own motion the court before which the | ||||||
| 20 | proceeding is pending may increase or reduce the amount of | ||||||
| 21 | bail or may alter the conditions of the bail bond or grant bail | ||||||
| 22 | where it has been previously revoked or denied. If bail has | ||||||
| 23 | been previously revoked pursuant to subsection (f) of this | ||||||
| 24 | Section or if bail has been denied to the defendant pursuant to | ||||||
| 25 | subsection (e) of Section 110-6.1 or subsection (e) of Section | ||||||
| |||||||
| |||||||
| 1 | 110-6.3-1, the defendant shall be required to present a | ||||||
| 2 | verified application setting forth in detail any new facts not | ||||||
| 3 | known or obtainable at the time of the previous revocation or | ||||||
| 4 | denial of bail proceedings. If the court grants bail where it | ||||||
| 5 | has been previously revoked or denied, the court shall state | ||||||
| 6 | on the record of the proceedings the findings of facts and | ||||||
| 7 | conclusion of law upon which such order is based. | ||||||
| 8 | (a-5) In addition to any other available motion or | ||||||
| 9 | procedure under this Code, a person in custody solely for a | ||||||
| 10 | Category B offense due to an inability to post monetary bail | ||||||
| 11 | shall be brought before the court at the next available court | ||||||
| 12 | date or 7 calendar days from the date bail was set, whichever | ||||||
| 13 | is earlier, for a rehearing on the amount or conditions of bail | ||||||
| 14 | or release pending further court proceedings. The court may | ||||||
| 15 | reconsider conditions of release for any other person whose | ||||||
| 16 | inability to post monetary bail is the sole reason for | ||||||
| 17 | continued incarceration, including a person in custody for a | ||||||
| 18 | Category A offense or a Category A offense and a Category B | ||||||
| 19 | offense. The court may deny the rehearing permitted under this | ||||||
| 20 | subsection (a-5) if the person has failed to appear as | ||||||
| 21 | required before the court and is incarcerated based on a | ||||||
| 22 | warrant for failure to appear on the same original criminal | ||||||
| 23 | offense. | ||||||
| 24 | (b) Violation of the conditions of Section 110-10 of this | ||||||
| 25 | Code or any special conditions of bail as ordered by the court | ||||||
| 26 | shall constitute grounds for the court to increase the amount | ||||||
| |||||||
| |||||||
| 1 | of bail, or otherwise alter the conditions of bail, or, where | ||||||
| 2 | the alleged offense committed on bail is a forcible felony in | ||||||
| 3 | Illinois or a Class 2 or greater offense under the Illinois | ||||||
| 4 | Controlled Substances Act, the Cannabis Control Act, or the | ||||||
| 5 | Methamphetamine Control and Community Protection Act, revoke | ||||||
| 6 | bail pursuant to the appropriate provisions of subsection (e) | ||||||
| 7 | of this Section. | ||||||
| 8 | (c) Reasonable notice of such application by the defendant | ||||||
| 9 | shall be given to the State. | ||||||
| 10 | (d) Reasonable notice of such application by the State | ||||||
| 11 | shall be given to the defendant, except as provided in | ||||||
| 12 | subsection (e). | ||||||
| 13 | (e) Upon verified application by the State stating facts | ||||||
| 14 | or circumstances constituting a violation or a threatened | ||||||
| 15 | violation of any of the conditions of the bail bond the court | ||||||
| 16 | may issue a warrant commanding any peace officer to bring the | ||||||
| 17 | defendant without unnecessary delay before the court for a | ||||||
| 18 | hearing on the matters set forth in the application. If the | ||||||
| 19 | actual court before which the proceeding is pending is absent | ||||||
| 20 | or otherwise unavailable another court may issue a warrant | ||||||
| 21 | pursuant to this Section. When the defendant is charged with a | ||||||
| 22 | felony offense and while free on bail is charged with a | ||||||
| 23 | subsequent felony offense and is the subject of a proceeding | ||||||
| 24 | set forth in Section 109-1 or 109-3 of this Code, upon the | ||||||
| 25 | filing of a verified petition by the State alleging a | ||||||
| 26 | violation of Section 110-10 (a) (4) of this Code, the court | ||||||
| |||||||
| |||||||
| 1 | shall without prior notice to the defendant, grant leave to | ||||||
| 2 | file such application and shall order the transfer of the | ||||||
| 3 | defendant and the application without unnecessary delay to the | ||||||
| 4 | court before which the previous felony matter is pending for a | ||||||
| 5 | hearing as provided in subsection (b) or this subsection of | ||||||
| 6 | this Section. The defendant shall be held without bond pending | ||||||
| 7 | transfer to and a hearing before such court. At the conclusion | ||||||
| 8 | of the hearing based on a violation of the conditions of | ||||||
| 9 | Section 110-10 of this Code or any special conditions of bail | ||||||
| 10 | as ordered by the court, the court may enter an order | ||||||
| 11 | increasing the amount of bail or alter the conditions of bail | ||||||
| 12 | as deemed appropriate. | ||||||
| 13 | (f) Where the alleged violation consists of the violation | ||||||
| 14 | of one or more felony statutes of any jurisdiction which would | ||||||
| 15 | be a forcible felony in Illinois or a Class 2 or greater | ||||||
| 16 | offense under the Illinois Controlled Substances Act, the | ||||||
| 17 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
| 18 | Community Protection Act and the defendant is on bail for the | ||||||
| 19 | alleged commission of a felony, or where the defendant is on | ||||||
| 20 | bail for a felony domestic battery (enhanced pursuant to | ||||||
| 21 | subsection (b) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
| 22 | or the Criminal Code of 2012), aggravated domestic battery, | ||||||
| 23 | aggravated battery, unlawful restraint, aggravated unlawful | ||||||
| 24 | restraint or domestic battery in violation of item (1) of | ||||||
| 25 | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
| 26 | or the Criminal Code of 2012 against a family or household | ||||||
| |||||||
| |||||||
| 1 | member as defined in Section 112A-3 of this Code and the | ||||||
| 2 | violation is an offense of domestic battery against the same | ||||||
| 3 | victim the court shall, on the motion of the State or its own | ||||||
| 4 | motion, revoke bail in accordance with the following | ||||||
| 5 | provisions: | ||||||
| 6 | (1) The court shall hold the defendant without bail | ||||||
| 7 | pending the hearing on the alleged breach; however, if the | ||||||
| 8 | defendant is not admitted to bail the hearing shall be | ||||||
| 9 | commenced within 10 days from the date the defendant is | ||||||
| 10 | taken into custody or the defendant may not be held any | ||||||
| 11 | longer without bail, unless delay is occasioned by the | ||||||
| 12 | defendant. Where defendant occasions the delay, the | ||||||
| 13 | running of the 10 day period is temporarily suspended and | ||||||
| 14 | resumes at the termination of the period of delay. Where | ||||||
| 15 | defendant occasions the delay with 5 or fewer days | ||||||
| 16 | remaining in the 10 day period, the court may grant a | ||||||
| 17 | period of up to 5 additional days to the State for good | ||||||
| 18 | cause shown. The State, however, shall retain the right to | ||||||
| 19 | proceed to hearing on the alleged violation at any time, | ||||||
| 20 | upon reasonable notice to the defendant and the court. | ||||||
| 21 | (2) At a hearing on the alleged violation the State | ||||||
| 22 | has the burden of going forward and proving the violation | ||||||
| 23 | by clear and convincing evidence. The evidence shall be | ||||||
| 24 | presented in open court with the opportunity to testify, | ||||||
| 25 | to present witnesses in his behalf, and to cross-examine | ||||||
| 26 | witnesses if any are called by the State, and | ||||||
| |||||||
| |||||||
| 1 | representation by counsel and if the defendant is indigent | ||||||
| 2 | to have counsel appointed for him. The rules of evidence | ||||||
| 3 | applicable in criminal trials in this State shall not | ||||||
| 4 | govern the admissibility of evidence at such hearing. | ||||||
| 5 | Information used by the court in its findings or stated in | ||||||
| 6 | or offered in connection with hearings for increase or | ||||||
| 7 | revocation of bail may be by way of proffer based upon | ||||||
| 8 | reliable information offered by the State or defendant. | ||||||
| 9 | All evidence shall be admissible if it is relevant and | ||||||
| 10 | reliable regardless of whether it would be admissible | ||||||
| 11 | under the rules of evidence applicable at criminal trials. | ||||||
| 12 | A motion by the defendant to suppress evidence or to | ||||||
| 13 | suppress a confession shall not be entertained at such a | ||||||
| 14 | hearing. Evidence that proof may have been obtained as a | ||||||
| 15 | result of an unlawful search and seizure or through | ||||||
| 16 | improper interrogation is not relevant to this hearing. | ||||||
| 17 | (3) Upon a finding by the court that the State has | ||||||
| 18 | established by clear and convincing evidence that the | ||||||
| 19 | defendant has committed a forcible felony or a Class 2 or | ||||||
| 20 | greater offense under the Illinois Controlled Substances | ||||||
| 21 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
| 22 | Control and Community Protection Act while admitted to | ||||||
| 23 | bail, or where the defendant is on bail for a felony | ||||||
| 24 | domestic battery (enhanced pursuant to subsection (b) of | ||||||
| 25 | Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
| 26 | Criminal Code of 2012), aggravated domestic battery, | ||||||
| |||||||
| |||||||
| 1 | aggravated battery, unlawful restraint, aggravated | ||||||
| 2 | unlawful restraint or domestic battery in violation of | ||||||
| 3 | item (1) of subsection (a) of Section 12-3.2 of the | ||||||
| 4 | Criminal Code of 1961 or the Criminal Code of 2012 against | ||||||
| 5 | a family or household member as defined in Section 112A-3 | ||||||
| 6 | of this Code and the violation is an offense of domestic | ||||||
| 7 | battery, against the same victim, the court shall revoke | ||||||
| 8 | the bail of the defendant and hold the defendant for trial | ||||||
| 9 | without bail. Neither the finding of the court nor any | ||||||
| 10 | transcript or other record of the hearing shall be | ||||||
| 11 | admissible in the State's case in chief, but shall be | ||||||
| 12 | admissible for impeachment, or as provided in Section | ||||||
| 13 | 115-10.1 of this Code or in a perjury proceeding. | ||||||
| 14 | (4) If the bail of any defendant is revoked pursuant | ||||||
| 15 | to paragraph (f) (3) of this Section, the defendant may | ||||||
| 16 | demand and shall be entitled to be brought to trial on the | ||||||
| 17 | offense with respect to which he was formerly released on | ||||||
| 18 | bail within 90 days after the date on which his bail was | ||||||
| 19 | revoked. If the defendant is not brought to trial within | ||||||
| 20 | the 90 day period required by the preceding sentence, he | ||||||
| 21 | shall not be held longer without bail. In computing the 90 | ||||||
| 22 | day period, the court shall omit any period of delay | ||||||
| 23 | resulting from a continuance granted at the request of the | ||||||
| 24 | defendant. | ||||||
| 25 | (5) If the defendant either is arrested on a warrant | ||||||
| 26 | issued pursuant to this Code or is arrested for an | ||||||
| |||||||
| |||||||
| 1 | unrelated offense and it is subsequently discovered that | ||||||
| 2 | the defendant is a subject of another warrant or warrants | ||||||
| 3 | issued pursuant to this Code, the defendant shall be | ||||||
| 4 | transferred promptly to the court which issued such | ||||||
| 5 | warrant. If, however, the defendant appears initially | ||||||
| 6 | before a court other than the court which issued such | ||||||
| 7 | warrant, the non-issuing court shall not alter the amount | ||||||
| 8 | of bail set on such warrant unless the court sets forth on | ||||||
| 9 | the record of proceedings the conclusions of law and facts | ||||||
| 10 | which are the basis for such altering of another court's | ||||||
| 11 | bond. The non-issuing court shall not alter another | ||||||
| 12 | court's bail set on a warrant unless the interests of | ||||||
| 13 | justice and public safety are served by such action. | ||||||
| 14 | (g) The State may appeal any order where the court has | ||||||
| 15 | increased or reduced the amount of bail or altered the | ||||||
| 16 | conditions of the bail bond or granted bail where it has | ||||||
| 17 | previously been revoked. | ||||||
| 18 | (a) When a defendant has previously been granted pretrial | ||||||
| 19 | release under this Section for a felony or Class A | ||||||
| 20 | misdemeanor, that pretrial release may be revoked only if the | ||||||
| 21 | defendant is charged with a felony or Class A misdemeanor that | ||||||
| 22 | is alleged to have occurred during the defendant's pretrial | ||||||
| 23 | release after a hearing on the court's own motion or upon the | ||||||
| 24 | filing of a verified petition by the State. | ||||||
| 25 | When a defendant released pretrial is charged with a | ||||||
| 26 | violation of a protective order or was previously convicted of | ||||||
| |||||||
| |||||||
| 1 | a violation of a protective order and the subject of the | ||||||
| 2 | protective order is the same person as the victim in the | ||||||
| 3 | current underlying matter, the State shall file a verified | ||||||
| 4 | petition seeking revocation of pretrial release. | ||||||
| 5 | Upon the filing of a petition or upon motion of the court | ||||||
| 6 | seeking revocation, the court shall order the transfer of the | ||||||
| 7 | defendant and the petition or motion to the court before which | ||||||
| 8 | the previous felony or Class A misdemeanor is pending. The | ||||||
| 9 | defendant may be held in custody pending transfer to and a | ||||||
| 10 | hearing before such court. The defendant shall be transferred | ||||||
| 11 | to the court before which the previous matter is pending | ||||||
| 12 | without unnecessary delay, and the revocation hearing shall | ||||||
| 13 | occur within 72 hours of the filing of the State's petition or | ||||||
| 14 | the court's motion for revocation. | ||||||
| 15 | A hearing at which pretrial release may be revoked must be | ||||||
| 16 | conducted in person (and not by way of two-way audio-visual | ||||||
| 17 | communication) unless the accused waives the right to be | ||||||
| 18 | present physically in court, the court determines that the | ||||||
| 19 | physical health and safety of any person necessary to the | ||||||
| 20 | proceedings would be endangered by appearing in court, or the | ||||||
| 21 | chief judge of the circuit orders use of that system due to | ||||||
| 22 | operational challenges in conducting the hearing in person. | ||||||
| 23 | Such operational challenges must be documented and approved by | ||||||
| 24 | the chief judge of the circuit, and a plan to address the | ||||||
| 25 | challenges through reasonable efforts must be presented and | ||||||
| 26 | approved by the Administrative Office of the Illinois Courts | ||||||
| |||||||
| |||||||
| 1 | every 6 months. | ||||||
| 2 | The court before which the previous felony matter or Class | ||||||
| 3 | A misdemeanor is pending may revoke the defendant's pretrial | ||||||
| 4 | release after a hearing. During the hearing for revocation, | ||||||
| 5 | the defendant shall be represented by counsel and have an | ||||||
| 6 | opportunity to be heard regarding the violation and evidence | ||||||
| 7 | in mitigation. The court shall consider all relevant | ||||||
| 8 | circumstances, including, but not limited to, the nature and | ||||||
| 9 | seriousness of the violation or criminal act alleged. The | ||||||
| 10 | State shall bear the burden of proving, by clear and | ||||||
| 11 | convincing evidence, that no condition or combination of | ||||||
| 12 | conditions of release would reasonably ensure the appearance | ||||||
| 13 | of the defendant for later hearings or prevent the defendant | ||||||
| 14 | from being charged with a subsequent felony or Class A | ||||||
| 15 | misdemeanor. | ||||||
| 16 | In lieu of revocation, the court may release the defendant | ||||||
| 17 | pre-trial, with or without modification of conditions of | ||||||
| 18 | pretrial release. | ||||||
| 19 | If the case that caused the revocation is dismissed, the | ||||||
| 20 | defendant is found not guilty in the case causing the | ||||||
| 21 | revocation, or the defendant completes a lawfully imposed | ||||||
| 22 | sentence on the case causing the revocation, the court shall, | ||||||
| 23 | without unnecessary delay, hold a hearing on conditions of | ||||||
| 24 | pretrial release pursuant to Section 110-5 and release the | ||||||
| 25 | defendant with or without modification of conditions of | ||||||
| 26 | pretrial release. | ||||||
| |||||||
| |||||||
| 1 | Both the State and the defendant may appeal an order | ||||||
| 2 | revoking pretrial release or denying a petition for revocation | ||||||
| 3 | of release. | ||||||
| 4 | (b) If a defendant previously has been granted pretrial | ||||||
| 5 | release under this Section for a Class B or Class C misdemeanor | ||||||
| 6 | offense, a petty or business offense, or an ordinance | ||||||
| 7 | violation and if the defendant is subsequently charged with a | ||||||
| 8 | felony that is alleged to have occurred during the defendant's | ||||||
| 9 | pretrial release or a Class A misdemeanor offense that is | ||||||
| 10 | alleged to have occurred during the defendant's pretrial | ||||||
| 11 | release, such pretrial release may not be revoked, but the | ||||||
| 12 | court may impose sanctions under subsection (c). | ||||||
| 13 | (c) The court shall follow the procedures set forth in | ||||||
| 14 | Section 110-3 to ensure the defendant's appearance in court if | ||||||
| 15 | the defendant: | ||||||
| 16 | (1) fails to appear in court as required by the | ||||||
| 17 | defendant's conditions of release; | ||||||
| 18 | (2) is charged with a felony or Class A misdemeanor | ||||||
| 19 | offense that is alleged to have occurred during the | ||||||
| 20 | defendant's pretrial release after having been previously | ||||||
| 21 | granted pretrial release for a Class B or Class C | ||||||
| 22 | misdemeanor, a petty or business offense, or an ordinance | ||||||
| 23 | violation that is alleged to have occurred during the | ||||||
| 24 | defendant's pretrial release; | ||||||
| 25 | (3) is charged with a Class B or C misdemeanor | ||||||
| 26 | offense, petty or business offense, or ordinance violation | ||||||
| |||||||
| |||||||
| 1 | that is alleged to have occurred during the defendant's | ||||||
| 2 | pretrial release; or | ||||||
| 3 | (4) violates any other condition of pretrial release | ||||||
| 4 | set by the court. | ||||||
| 5 | In response to a violation described in this subsection, | ||||||
| 6 | the court may issue a warrant specifying that the defendant | ||||||
| 7 | must appear before the court for a hearing for sanctions and | ||||||
| 8 | may not be released by law enforcement before that appearance. | ||||||
| 9 | (d) When a defendant appears in court pursuant to a | ||||||
| 10 | summons or warrant issued in accordance with Section 110-3 or | ||||||
| 11 | after being arrested for an offense that is alleged to have | ||||||
| 12 | occurred during the defendant's pretrial release, the State | ||||||
| 13 | may file a verified petition requesting a hearing for | ||||||
| 14 | sanctions. | ||||||
| 15 | (e) During the hearing for sanctions, the defendant shall | ||||||
| 16 | be represented by counsel and have an opportunity to be heard | ||||||
| 17 | regarding the violation and evidence in mitigation. The State | ||||||
| 18 | shall bear the burden of proving by clear and convincing | ||||||
| 19 | evidence that: | ||||||
| 20 | (1) the defendant committed an act that violated a | ||||||
| 21 | term of the defendant's pretrial release; | ||||||
| 22 | (2) the defendant had actual knowledge that the | ||||||
| 23 | defendant's action would violate a court order; | ||||||
| 24 | (3) the violation of the court order was willful; and | ||||||
| 25 | (4) the violation was not caused by a lack of access to | ||||||
| 26 | financial monetary resources. | ||||||
| |||||||
| |||||||
| 1 | (f) Sanctions for violations of pretrial release may | ||||||
| 2 | include: | ||||||
| 3 | (1) a verbal or written admonishment from the court; | ||||||
| 4 | (2) imprisonment in the county jail for a period not | ||||||
| 5 | exceeding 30 days; | ||||||
| 6 | (3) (Blank); or | ||||||
| 7 | (4) a modification of the defendant's pretrial | ||||||
| 8 | conditions. | ||||||
| 9 | (g) The court may, at any time, after motion by either | ||||||
| 10 | party or on its own motion, remove previously set conditions | ||||||
| 11 | of pretrial release, subject to the provisions in this | ||||||
| 12 | subsection. The court may only add or increase conditions of | ||||||
| 13 | pretrial release at a hearing under this Section. | ||||||
| 14 | The court shall not remove a previously set condition of | ||||||
| 15 | pretrial release regulating contact with a victim or witness | ||||||
| 16 | in the case, unless the subject of the condition has been given | ||||||
| 17 | notice of the hearing as required in paragraph (1) of | ||||||
| 18 | subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
| 19 | and Witnesses Act. If the subject of the condition of release | ||||||
| 20 | is not present, the court shall follow the procedures of | ||||||
| 21 | paragraph (10) of subsection (c-1) of the Rights of Crime | ||||||
| 22 | Victims and Witnesses Act. | ||||||
| 23 | (h) Crime victims shall be given notice by the State's | ||||||
| 24 | Attorney's office of all hearings under this Section as | ||||||
| 25 | required in paragraph (1) of subsection (b) of Section 4.5 of | ||||||
| 26 | the Rights of Crime Victims and Witnesses Act and shall be | ||||||
| |||||||
| |||||||
| 1 | informed of their opportunity at these hearings to obtain a | ||||||
| 2 | protective order. | ||||||
| 3 | (i) Nothing in this Section shall be construed to limit | ||||||
| 4 | the State's ability to file a verified petition seeking denial | ||||||
| 5 | of pretrial release under subsection (a) of Section 110-6.1 or | ||||||
| 6 | subdivision (d)(2) of Section 110-6.1. | ||||||
| 7 | (j) At each subsequent appearance of the defendant before | ||||||
| 8 | the court, the judge must find that continued detention under | ||||||
| 9 | this Section is necessary to reasonably ensure the appearance | ||||||
| 10 | of the defendant for later hearings or to prevent the | ||||||
| 11 | defendant from being charged with a subsequent felony or Class | ||||||
| 12 | A misdemeanor. | ||||||
| 13 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 14 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1) | ||||||
| 15 | Sec. 110-6.1. Denial of pretrial release. | ||||||
| 16 | (a) Upon verified petition by the State, the court shall | ||||||
| 17 | hold a hearing to determine whether bail should be denied to a | ||||||
| 18 | defendant who is charged with a felony offense for which a | ||||||
| 19 | sentence of imprisonment, without probation, periodic | ||||||
| 20 | imprisonment, or conditional discharge, is required by law | ||||||
| 21 | upon conviction, when it is alleged that the defendant's | ||||||
| 22 | admission to bail poses a real and present threat to the | ||||||
| 23 | physical safety of any person or persons. | ||||||
| 24 | (1) A petition may be filed without prior notice to | ||||||
| 25 | the defendant at the first appearance before a judge, or | ||||||
| |||||||
| |||||||
| 1 | within the 21 calendar days, except as provided in Section | ||||||
| 2 | 110-6, after arrest and release of the defendant upon | ||||||
| 3 | reasonable notice to defendant; provided that while such | ||||||
| 4 | petition is pending before the court, the defendant if | ||||||
| 5 | previously released shall not be detained. | ||||||
| 6 | (2) The hearing shall be held immediately upon the | ||||||
| 7 | defendant's appearance before the court, unless for good | ||||||
| 8 | cause shown the defendant or the State seeks a | ||||||
| 9 | continuance. A continuance on motion of the defendant may | ||||||
| 10 | not exceed 5 calendar days, and a continuance on the | ||||||
| 11 | motion of the State may not exceed 3 calendar days. The | ||||||
| 12 | defendant may be held in custody during such continuance. | ||||||
| 13 | (b) The court may deny bail to the defendant where, after | ||||||
| 14 | the hearing, it is determined that: | ||||||
| 15 | (1) the proof is evident or the presumption great that | ||||||
| 16 | the defendant has committed an offense for which a | ||||||
| 17 | sentence of imprisonment, without probation, periodic | ||||||
| 18 | imprisonment or conditional discharge, must be imposed by | ||||||
| 19 | law as a consequence of conviction, and | ||||||
| 20 | (2) the defendant poses a real and present threat to | ||||||
| 21 | the physical safety of any person or persons, by conduct | ||||||
| 22 | which may include, but is not limited to, a forcible | ||||||
| 23 | felony, the obstruction of justice, intimidation, injury, | ||||||
| 24 | physical harm, an offense under the Illinois Controlled | ||||||
| 25 | Substances Act which is a Class X felony, or an offense | ||||||
| 26 | under the Methamphetamine Control and Community Protection | ||||||
| |||||||
| |||||||
| 1 | Act which is a Class X felony, and | ||||||
| 2 | (3) the court finds that no condition or combination | ||||||
| 3 | of conditions set forth in subsection (b) of Section | ||||||
| 4 | 110-10 of this Article, can reasonably assure the physical | ||||||
| 5 | safety of any other person or persons. | ||||||
| 6 | (c) Conduct of the hearings. | ||||||
| 7 | (1) The hearing on the defendant's culpability and | ||||||
| 8 | dangerousness shall be conducted in accordance with the | ||||||
| 9 | following provisions: | ||||||
| 10 | (A) Information used by the court in its findings or | ||||||
| 11 | stated in or offered at such hearing may be by way of | ||||||
| 12 | proffer based upon reliable information offered by the | ||||||
| 13 | State or by defendant. Defendant has the right to be | ||||||
| 14 | represented by counsel, and if he is indigent, to have | ||||||
| 15 | counsel appointed for him. Defendant shall have the | ||||||
| 16 | opportunity to testify, to present witnesses in his | ||||||
| 17 | own behalf, and to cross-examine witnesses if any are | ||||||
| 18 | called by the State. The defendant has the right to | ||||||
| 19 | present witnesses in his favor. When the ends of | ||||||
| 20 | justice so require, the court may exercise its | ||||||
| 21 | discretion and compel the appearance of a complaining | ||||||
| 22 | witness. The court shall state on the record reasons | ||||||
| 23 | for granting a defense request to compel the presence | ||||||
| 24 | of a complaining witness. Cross-examination of a | ||||||
| 25 | complaining witness at the bail hearing for the | ||||||
| 26 | purpose of impeaching the witness' credibility is | ||||||
| |||||||
| |||||||
| 1 | insufficient reason to compel the presence of the | ||||||
| 2 | witness. In deciding whether to compel the appearance | ||||||
| 3 | of a complaining witness, the court shall be | ||||||
| 4 | considerate of the emotional and physical well-being | ||||||
| 5 | of the witness. The pre-trial detention hearing is not | ||||||
| 6 | to be used for purposes of discovery, and the post | ||||||
| 7 | arraignment rules of discovery do not apply. The State | ||||||
| 8 | shall tender to the defendant, prior to the hearing, | ||||||
| 9 | copies of defendant's criminal history, if any, if | ||||||
| 10 | available, and any written or recorded statements and | ||||||
| 11 | the substance of any oral statements made by any | ||||||
| 12 | person, if relied upon by the State in its petition. | ||||||
| 13 | The rules concerning the admissibility of evidence in | ||||||
| 14 | criminal trials do not apply to the presentation and | ||||||
| 15 | consideration of information at the hearing. At the | ||||||
| 16 | trial concerning the offense for which the hearing was | ||||||
| 17 | conducted neither the finding of the court nor any | ||||||
| 18 | transcript or other record of the hearing shall be | ||||||
| 19 | admissible in the State's case in chief, but shall be | ||||||
| 20 | admissible for impeachment, or as provided in Section | ||||||
| 21 | 115-10.1 of this Code, or in a perjury proceeding. | ||||||
| 22 | (B) A motion by the defendant to suppress evidence or | ||||||
| 23 | to suppress a confession shall not be entertained. | ||||||
| 24 | Evidence that proof may have been obtained as the | ||||||
| 25 | result of an unlawful search and seizure or through | ||||||
| 26 | improper interrogation is not relevant to this state | ||||||
| |||||||
| |||||||
| 1 | of the prosecution. | ||||||
| 2 | (2) The facts relied upon by the court to support a | ||||||
| 3 | finding that the defendant poses a real and present threat | ||||||
| 4 | to the physical safety of any person or persons shall be | ||||||
| 5 | supported by clear and convincing evidence presented by | ||||||
| 6 | the State. | ||||||
| 7 | (d) Factors to be considered in making a determination of | ||||||
| 8 | dangerousness. The court may, in determining whether the | ||||||
| 9 | defendant poses a real and present threat to the physical | ||||||
| 10 | safety of any person or persons, consider but shall not be | ||||||
| 11 | limited to evidence or testimony concerning: | ||||||
| 12 | (1) The nature and circumstances of any offense | ||||||
| 13 | charged, including whether the offense is a crime of | ||||||
| 14 | violence, involving a weapon. | ||||||
| 15 | (2) The history and characteristics of the defendant | ||||||
| 16 | including: | ||||||
| 17 | (A) Any evidence of the defendant's prior criminal | ||||||
| 18 | history indicative of violent, abusive or assaultive | ||||||
| 19 | behavior, or lack of such behavior. Such evidence may | ||||||
| 20 | include testimony or documents received in juvenile | ||||||
| 21 | proceedings, criminal, quasi-criminal, civil | ||||||
| 22 | commitment, domestic relations or other proceedings. | ||||||
| 23 | (B) Any evidence of the defendant's psychological, | ||||||
| 24 | psychiatric or other similar social history which | ||||||
| 25 | tends to indicate a violent, abusive, or assaultive | ||||||
| 26 | nature, or lack of any such history. | ||||||
| |||||||
| |||||||
| 1 | (3) The identity of any person or persons to whose | ||||||
| 2 | safety the defendant is believed to pose a threat, and the | ||||||
| 3 | nature of the threat; | ||||||
| 4 | (4) Any statements made by, or attributed to the | ||||||
| 5 | defendant, together with the circumstances surrounding | ||||||
| 6 | them; | ||||||
| 7 | (5) The age and physical condition of any person | ||||||
| 8 | assaulted by the defendant; | ||||||
| 9 | (6) Whether the defendant is known to possess or have | ||||||
| 10 | access to any weapon or weapons; | ||||||
| 11 | (7) Whether, at the time of the current offense or any | ||||||
| 12 | other offense or arrest, the defendant was on probation, | ||||||
| 13 | parole, aftercare release, mandatory supervised release or | ||||||
| 14 | other release from custody pending trial, sentencing, | ||||||
| 15 | appeal or completion of sentence for an offense under | ||||||
| 16 | federal or state law; | ||||||
| 17 | (8) Any other factors, including those listed in | ||||||
| 18 | Section 110-5 of this Article deemed by the court to have a | ||||||
| 19 | reasonable bearing upon the defendant's propensity or | ||||||
| 20 | reputation for violent, abusive or assaultive behavior, or | ||||||
| 21 | lack of such behavior. | ||||||
| 22 | (e) Detention order. The court shall, in any order for | ||||||
| 23 | detention: | ||||||
| 24 | (1) briefly summarize the evidence of the defendant's | ||||||
| 25 | culpability and its reasons for concluding that the | ||||||
| 26 | defendant should be held without bail; | ||||||
| |||||||
| |||||||
| 1 | (2) direct that the defendant be committed to the | ||||||
| 2 | custody of the sheriff for confinement in the county jail | ||||||
| 3 | pending trial; | ||||||
| 4 | (3) direct that the defendant be given a reasonable | ||||||
| 5 | opportunity for private consultation with counsel, and for | ||||||
| 6 | communication with others of his choice by visitation, | ||||||
| 7 | mail and telephone; and | ||||||
| 8 | (4) direct that the sheriff deliver the defendant as | ||||||
| 9 | required for appearances in connection with court | ||||||
| 10 | proceedings. | ||||||
| 11 | (f) If the court enters an order for the detention of the | ||||||
| 12 | defendant pursuant to subsection (e) of this Section, the | ||||||
| 13 | defendant shall be brought to trial on the offense for which he | ||||||
| 14 | is detained within 90 days after the date on which the order | ||||||
| 15 | for detention was entered. If the defendant is not brought to | ||||||
| 16 | trial within the 90 day period required by the preceding | ||||||
| 17 | sentence, he shall not be held longer without bail. In | ||||||
| 18 | computing the 90 day period, the court shall omit any period of | ||||||
| 19 | delay resulting from a continuance granted at the request of | ||||||
| 20 | the defendant. | ||||||
| 21 | (g) Rights of the defendant. Any person shall be entitled | ||||||
| 22 | to appeal any order entered under this Section denying bail to | ||||||
| 23 | the defendant. | ||||||
| 24 | (h) The State may appeal any order entered under this | ||||||
| 25 | Section denying any motion for denial of bail. | ||||||
| 26 | (i) Nothing in this Section shall be construed as | ||||||
| |||||||
| |||||||
| 1 | modifying or limiting in any way the defendant's presumption | ||||||
| 2 | of innocence in further criminal proceedings. | ||||||
| 3 | (a) Upon verified petition by the State, the court shall | ||||||
| 4 | hold a hearing and may deny a defendant pretrial release only | ||||||
| 5 | if: | ||||||
| 6 | (1) the defendant is charged with a felony offense | ||||||
| 7 | other than a forcible felony for which, based on the | ||||||
| 8 | charge or the defendant's criminal history, a sentence of | ||||||
| 9 | imprisonment, without probation, periodic imprisonment, or | ||||||
| 10 | conditional discharge, is required by law upon conviction, | ||||||
| 11 | and it is alleged that the defendant's pretrial release | ||||||
| 12 | poses a real and present threat to the safety of any person | ||||||
| 13 | or persons or the community, based on the specific | ||||||
| 14 | articulable facts of the case; | ||||||
| 15 | (1.5) the defendant's pretrial release poses a real | ||||||
| 16 | and present threat to the safety of any person or persons | ||||||
| 17 | or the community, based on the specific articulable facts | ||||||
| 18 | of the case, and the defendant is charged with a forcible | ||||||
| 19 | felony, which as used in this Section, means treason, | ||||||
| 20 | first degree murder, second degree murder, predatory | ||||||
| 21 | criminal sexual assault of a child, aggravated criminal | ||||||
| 22 | sexual assault, criminal sexual assault, armed robbery, | ||||||
| 23 | aggravated robbery, robbery, burglary where there is use | ||||||
| 24 | of force against another person, residential burglary, | ||||||
| 25 | home invasion, vehicular invasion, aggravated arson, | ||||||
| 26 | arson, aggravated kidnaping, kidnaping, aggravated battery | ||||||
| |||||||
| |||||||
| 1 | resulting in great bodily harm or permanent disability or | ||||||
| 2 | disfigurement, or any other felony which involves the | ||||||
| 3 | threat of or infliction of great bodily harm or permanent | ||||||
| 4 | disability or disfigurement; | ||||||
| 5 | (2) the defendant is charged with stalking or | ||||||
| 6 | aggravated stalking, and it is alleged that the | ||||||
| 7 | defendant's pre-trial release poses a real and present | ||||||
| 8 | threat to the safety of a victim of the alleged offense, | ||||||
| 9 | and denial of release is necessary to prevent fulfillment | ||||||
| 10 | of the threat upon which the charge is based; | ||||||
| 11 | (3) the defendant is charged with a violation of an | ||||||
| 12 | order of protection issued under Section 112A-14 of this | ||||||
| 13 | Code or Section 214 of the Illinois Domestic Violence Act | ||||||
| 14 | of 1986, a stalking no contact order under Section 80 of | ||||||
| 15 | the Stalking No Contact Order Act, or a civil no contact | ||||||
| 16 | order under Section 213 of the Civil No Contact Order Act, | ||||||
| 17 | and it is alleged that the defendant's pretrial release | ||||||
| 18 | poses a real and present threat to the safety of any person | ||||||
| 19 | or persons or the community, based on the specific | ||||||
| 20 | articulable facts of the case; | ||||||
| 21 | (4) the defendant is charged with domestic battery or | ||||||
| 22 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
| 23 | of the Criminal Code of 2012 and it is alleged that the | ||||||
| 24 | defendant's pretrial release poses a real and present | ||||||
| 25 | threat to the safety of any person or persons or the | ||||||
| 26 | community, based on the specific articulable facts of the | ||||||
| |||||||
| |||||||
| 1 | case; | ||||||
| 2 | (5) the defendant is charged with any offense under | ||||||
| 3 | Article 11 of the Criminal Code of 2012, except for | ||||||
| 4 | Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35, | ||||||
| 5 | 11-40, and 11-45 of the Criminal Code of 2012, or similar | ||||||
| 6 | provisions of the Criminal Code of 1961 and it is alleged | ||||||
| 7 | that the defendant's pretrial release poses a real and | ||||||
| 8 | present threat to the safety of any person or persons or | ||||||
| 9 | the community, based on the specific articulable facts of | ||||||
| 10 | the case; | ||||||
| 11 | (6) the defendant is charged with any of the following | ||||||
| 12 | offenses under the Criminal Code of 2012, and it is | ||||||
| 13 | alleged that the defendant's pretrial release poses a real | ||||||
| 14 | and present threat to the safety of any person or persons | ||||||
| 15 | or the community, based on the specific articulable facts | ||||||
| 16 | of the case: | ||||||
| 17 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
| 18 | firearm); | ||||||
| 19 | (B) Section 24-1.2-5 (aggravated discharge of a | ||||||
| 20 | machine gun or a firearm equipped with a device | ||||||
| 21 | designed or used for silencing the report of a | ||||||
| 22 | firearm); | ||||||
| 23 | (C) Section 24-1.5 (reckless discharge of a | ||||||
| 24 | firearm); | ||||||
| 25 | (D) Section 24-1.7 (unlawful possession of a | ||||||
| 26 | firearm by a repeat felony offender); | ||||||
| |||||||
| |||||||
| 1 | (E) Section 24-2.2 (manufacture, sale, or transfer | ||||||
| 2 | of bullets or shells represented to be armor piercing | ||||||
| 3 | bullets, dragon's breath shotgun shells, bolo shells, | ||||||
| 4 | or flechette shells); | ||||||
| 5 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
| 6 | firearms); | ||||||
| 7 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
| 8 | firearms on the premises of any school); | ||||||
| 9 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
| 10 | liquor license); | ||||||
| 11 | (I) Section 24-3.5 (unlawful purchase of a | ||||||
| 12 | firearm); | ||||||
| 13 | (J) Section 24-3A (gunrunning); | ||||||
| 14 | (K) Section 24-3B (firearms trafficking); | ||||||
| 15 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
| 16 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
| 17 | of a minor); | ||||||
| 18 | (N) Section 10-9(d) (trafficking in persons); | ||||||
| 19 | (O) Non-probationable violations: (i) unlawful | ||||||
| 20 | possession of weapons by felons or persons in the | ||||||
| 21 | Custody of the Department of Corrections facilities | ||||||
| 22 | (Section 24-1.1), (ii) aggravated unlawful possession | ||||||
| 23 | of a weapon (Section 24-1.6), or (iii) aggravated | ||||||
| 24 | possession of a stolen firearm (Section 24-3.9); | ||||||
| 25 | (P) Section 9-3 (reckless homicide and involuntary | ||||||
| 26 | manslaughter); | ||||||
| |||||||
| |||||||
| 1 | (Q) Section 19-3 (residential burglary); | ||||||
| 2 | (R) Section 10-5 (child abduction); | ||||||
| 3 | (S) Felony violations of Section 12C-5 (child | ||||||
| 4 | endangerment); | ||||||
| 5 | (T) Section 12-7.1 (hate crime); | ||||||
| 6 | (U) Section 10-3.1 (aggravated unlawful | ||||||
| 7 | restraint); | ||||||
| 8 | (V) Section 12-9 (threatening a public official); | ||||||
| 9 | (W) Subdivision (f)(1) of Section 12-3.05 | ||||||
| 10 | (aggravated battery with a deadly weapon other than by | ||||||
| 11 | discharge of a firearm); | ||||||
| 12 | (6.5) the defendant is charged with any of the | ||||||
| 13 | following offenses, and it is alleged that the defendant's | ||||||
| 14 | pretrial release poses a real and present threat to the | ||||||
| 15 | safety of any person or persons or the community, based on | ||||||
| 16 | the specific articulable facts of the case: | ||||||
| 17 | (A) Felony violations of Sections 3.01, 3.02, or | ||||||
| 18 | 3.03 of the Humane Care for Animals Act (cruel | ||||||
| 19 | treatment, aggravated cruelty, and animal torture); | ||||||
| 20 | (B) Subdivision (d)(1)(B) of Section 11-501 of the | ||||||
| 21 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 22 | influence while operating a school bus with | ||||||
| 23 | passengers); | ||||||
| 24 | (C) Subdivision (d)(1)(C) of Section 11-501 of the | ||||||
| 25 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 26 | influence causing great bodily harm); | ||||||
| |||||||
| |||||||
| 1 | (D) Subdivision (d)(1)(D) of Section 11-501 of the | ||||||
| 2 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 3 | influence after a previous reckless homicide | ||||||
| 4 | conviction); | ||||||
| 5 | (E) Subdivision (d)(1)(F) of Section 11-501 of the | ||||||
| 6 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 7 | influence leading to death); or | ||||||
| 8 | (F) Subdivision (d)(1)(J) of Section 11-501 of the | ||||||
| 9 | Illinois Vehicle Code (aggravated driving under the | ||||||
| 10 | influence that resulted in bodily harm to a child | ||||||
| 11 | under the age of 16); | ||||||
| 12 | (7) the defendant is charged with an attempt to commit | ||||||
| 13 | any charge listed in paragraphs (1) through (6.5), and it | ||||||
| 14 | is alleged that the defendant's pretrial release poses a | ||||||
| 15 | real and present threat to the safety of any person or | ||||||
| 16 | persons or the community, based on the specific | ||||||
| 17 | articulable facts of the case; or | ||||||
| 18 | (8) the person has a high likelihood of willful flight | ||||||
| 19 | to avoid prosecution and is charged with: | ||||||
| 20 | (A) Any felony described in subdivisions (a)(1) | ||||||
| 21 | through (a)(7) of this Section; or | ||||||
| 22 | (B) A felony offense other than a Class 4 offense. | ||||||
| 23 | (b) If the charged offense is a felony, as part of the | ||||||
| 24 | detention hearing, the court shall determine whether there is | ||||||
| 25 | probable cause the defendant has committed an offense, unless | ||||||
| 26 | a hearing pursuant to Section 109-3 of this Code has already | ||||||
| |||||||
| |||||||
| 1 | been held or a grand jury has returned a true bill of | ||||||
| 2 | indictment against the defendant. If there is a finding of no | ||||||
| 3 | probable cause, the defendant shall be released. No such | ||||||
| 4 | finding is necessary if the defendant is charged with a | ||||||
| 5 | misdemeanor. | ||||||
| 6 | (c) Timing of petition. | ||||||
| 7 | (1) A petition may be filed without prior notice to | ||||||
| 8 | the defendant at the first appearance before a judge, or | ||||||
| 9 | within the 21 calendar days, except as provided in Section | ||||||
| 10 | 110-6, after arrest and release of the defendant upon | ||||||
| 11 | reasonable notice to defendant; provided that while such | ||||||
| 12 | petition is pending before the court, the defendant if | ||||||
| 13 | previously released shall not be detained. | ||||||
| 14 | (2) Upon filing, the court shall immediately hold a | ||||||
| 15 | hearing on the petition unless a continuance is requested. | ||||||
| 16 | If a continuance is requested and granted, the hearing | ||||||
| 17 | shall be held within 48 hours of the defendant's first | ||||||
| 18 | appearance if the defendant is charged with first degree | ||||||
| 19 | murder or a Class X, Class 1, Class 2, or Class 3 felony, | ||||||
| 20 | and within 24 hours if the defendant is charged with a | ||||||
| 21 | Class 4 or misdemeanor offense. The Court may deny or | ||||||
| 22 | grant the request for continuance. If the court decides to | ||||||
| 23 | grant the continuance, the Court retains the discretion to | ||||||
| 24 | detain or release the defendant in the time between the | ||||||
| 25 | filing of the petition and the hearing. | ||||||
| 26 | (d) Contents of petition. | ||||||
| |||||||
| |||||||
| 1 | (1) The petition shall be verified by the State and | ||||||
| 2 | shall state the grounds upon which it contends the | ||||||
| 3 | defendant should be denied pretrial release, including the | ||||||
| 4 | real and present threat to the safety of any person or | ||||||
| 5 | persons or the community, based on the specific | ||||||
| 6 | articulable facts or flight risk, as appropriate. | ||||||
| 7 | (2) If the State seeks to file a second or subsequent | ||||||
| 8 | petition under this Section, the State shall be required | ||||||
| 9 | to present a verified application setting forth in detail | ||||||
| 10 | any new facts not known or obtainable at the time of the | ||||||
| 11 | filing of the previous petition. | ||||||
| 12 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
| 13 | for pretrial release, and the State shall bear the burden of | ||||||
| 14 | proving by clear and convincing evidence that: | ||||||
| 15 | (1) the proof is evident or the presumption great that | ||||||
| 16 | the defendant has committed an offense listed in | ||||||
| 17 | subsection (a), and | ||||||
| 18 | (2) for offenses listed in paragraphs (1) through (7) | ||||||
| 19 | of subsection (a), the defendant poses a real and present | ||||||
| 20 | threat to the safety of any person or persons or the | ||||||
| 21 | community, based on the specific articulable facts of the | ||||||
| 22 | case, by conduct which may include, but is not limited to, | ||||||
| 23 | a forcible felony, the obstruction of justice, | ||||||
| 24 | intimidation, injury, or abuse as defined by paragraph (1) | ||||||
| 25 | of Section 103 of the Illinois Domestic Violence Act of | ||||||
| 26 | 1986, and | ||||||
| |||||||
| |||||||
| 1 | (3) no condition or combination of conditions set | ||||||
| 2 | forth in subsection (b) of Section 110-10 of this Article | ||||||
| 3 | can mitigate (i) the real and present threat to the safety | ||||||
| 4 | of any person or persons or the community, based on the | ||||||
| 5 | specific articulable facts of the case, for offenses | ||||||
| 6 | listed in paragraphs (1) through (7) of subsection (a), or | ||||||
| 7 | (ii) the defendant's willful flight for offenses listed in | ||||||
| 8 | paragraph (8) of subsection (a), and | ||||||
| 9 | (4) for offenses under subsection (b) of Section 407 | ||||||
| 10 | of the Illinois Controlled Substances Act that are subject | ||||||
| 11 | to paragraph (1) of subsection (a), no condition or | ||||||
| 12 | combination of conditions set forth in subsection (b) of | ||||||
| 13 | Section 110-10 of this Article can mitigate the real and | ||||||
| 14 | present threat to the safety of any person or persons or | ||||||
| 15 | the community, based on the specific articulable facts of | ||||||
| 16 | the case, and the defendant poses a serious risk to not | ||||||
| 17 | appear in court as required. | ||||||
| 18 | (f) Conduct of the hearings. | ||||||
| 19 | (1) Prior to the hearing, the State shall tender to | ||||||
| 20 | the defendant copies of the defendant's criminal history | ||||||
| 21 | available, any written or recorded statements, and the | ||||||
| 22 | substance of any oral statements made by any person, if | ||||||
| 23 | relied upon by the State in its petition, and any police | ||||||
| 24 | reports in the prosecutor's possession at the time of the | ||||||
| 25 | hearing. | ||||||
| 26 | (2) The State or defendant may present evidence at the | ||||||
| |||||||
| |||||||
| 1 | hearing by way of proffer based upon reliable information. | ||||||
| 2 | (3) The defendant has the right to be represented by | ||||||
| 3 | counsel, and if he or she is indigent, to have counsel | ||||||
| 4 | appointed for him or her. The defendant shall have the | ||||||
| 5 | opportunity to testify, to present witnesses on his or her | ||||||
| 6 | own behalf, and to cross-examine any witnesses that are | ||||||
| 7 | called by the State. Defense counsel shall be given | ||||||
| 8 | adequate opportunity to confer with the defendant before | ||||||
| 9 | any hearing at which conditions of release or the | ||||||
| 10 | detention of the defendant are to be considered, with an | ||||||
| 11 | accommodation for a physical condition made to facilitate | ||||||
| 12 | attorney/client consultation. If defense counsel needs to | ||||||
| 13 | confer or consult with the defendant during any hearing | ||||||
| 14 | conducted via a 2-way audio-visual communication system, | ||||||
| 15 | such consultation shall not be recorded and shall be | ||||||
| 16 | undertaken consistent with constitutional protections. | ||||||
| 17 | (3.5) A hearing at which pretrial release may be | ||||||
| 18 | denied must be conducted in person (and not by way of 2-way | ||||||
| 19 | audio visual communication) unless the accused waives the | ||||||
| 20 | right to be present physically in court, the court | ||||||
| 21 | determines that the physical health and safety of any | ||||||
| 22 | person necessary to the proceedings would be endangered by | ||||||
| 23 | appearing in court, or the chief judge of the circuit | ||||||
| 24 | orders use of that system due to operational challenges in | ||||||
| 25 | conducting the hearing in person. Such operational | ||||||
| 26 | challenges must be documented and approved by the chief | ||||||
| |||||||
| |||||||
| 1 | judge of the circuit, and a plan to address the challenges | ||||||
| 2 | through reasonable efforts must be presented and approved | ||||||
| 3 | by the Administrative Office of the Illinois Courts every | ||||||
| 4 | 6 months. | ||||||
| 5 | (4) If the defense seeks to compel the complaining | ||||||
| 6 | witness to testify as a witness in its favor, it shall | ||||||
| 7 | petition the court for permission. When the ends of | ||||||
| 8 | justice so require, the court may exercise its discretion | ||||||
| 9 | and compel the appearance of a complaining witness. The | ||||||
| 10 | court shall state on the record reasons for granting a | ||||||
| 11 | defense request to compel the presence of a complaining | ||||||
| 12 | witness only on the issue of the defendant's pretrial | ||||||
| 13 | detention. In making a determination under this Section, | ||||||
| 14 | the court shall state on the record the reason for | ||||||
| 15 | granting a defense request to compel the presence of a | ||||||
| 16 | complaining witness, and only grant the request if the | ||||||
| 17 | court finds by clear and convincing evidence that the | ||||||
| 18 | defendant will be materially prejudiced if the complaining | ||||||
| 19 | witness does not appear. Cross-examination of a | ||||||
| 20 | complaining witness at the pretrial detention hearing for | ||||||
| 21 | the purpose of impeaching the witness' credibility is | ||||||
| 22 | insufficient reason to compel the presence of the witness. | ||||||
| 23 | In deciding whether to compel the appearance of a | ||||||
| 24 | complaining witness, the court shall be considerate of the | ||||||
| 25 | emotional and physical well-being of the witness. The | ||||||
| 26 | pre-trial detention hearing is not to be used for purposes | ||||||
| |||||||
| |||||||
| 1 | of discovery, and the post arraignment rules of discovery | ||||||
| 2 | do not apply. The State shall tender to the defendant, | ||||||
| 3 | prior to the hearing, copies, if any, of the defendant's | ||||||
| 4 | criminal history, if available, and any written or | ||||||
| 5 | recorded statements and the substance of any oral | ||||||
| 6 | statements made by any person, if in the State's | ||||||
| 7 | Attorney's possession at the time of the hearing. | ||||||
| 8 | (5) The rules concerning the admissibility of evidence | ||||||
| 9 | in criminal trials do not apply to the presentation and | ||||||
| 10 | consideration of information at the hearing. At the trial | ||||||
| 11 | concerning the offense for which the hearing was conducted | ||||||
| 12 | neither the finding of the court nor any transcript or | ||||||
| 13 | other record of the hearing shall be admissible in the | ||||||
| 14 | State's case-in-chief, but shall be admissible for | ||||||
| 15 | impeachment, or as provided in Section 115-10.1 of this | ||||||
| 16 | Code, or in a perjury proceeding. | ||||||
| 17 | (6) The defendant may not move to suppress evidence or | ||||||
| 18 | a confession, however, evidence that proof of the charged | ||||||
| 19 | crime may have been the result of an unlawful search or | ||||||
| 20 | seizure, or both, or through improper interrogation, is | ||||||
| 21 | relevant in assessing the weight of the evidence against | ||||||
| 22 | the defendant. | ||||||
| 23 | (7) Decisions regarding release, conditions of | ||||||
| 24 | release, and detention prior to trial must be | ||||||
| 25 | individualized, and no single factor or standard may be | ||||||
| 26 | used exclusively to order detention. Risk assessment tools | ||||||
| |||||||
| |||||||
| 1 | may not be used as the sole basis to deny pretrial release. | ||||||
| 2 | (g) Factors to be considered in making a determination of | ||||||
| 3 | dangerousness. The court may, in determining whether the | ||||||
| 4 | defendant poses a real and present threat to the safety of any | ||||||
| 5 | person or persons or the community, based on the specific | ||||||
| 6 | articulable facts of the case, consider, but shall not be | ||||||
| 7 | limited to, evidence or testimony concerning: | ||||||
| 8 | (1) The nature and circumstances of any offense | ||||||
| 9 | charged, including whether the offense is a crime of | ||||||
| 10 | violence, involving a weapon, or a sex offense. | ||||||
| 11 | (2) The history and characteristics of the defendant | ||||||
| 12 | including: | ||||||
| 13 | (A) Any evidence of the defendant's prior criminal | ||||||
| 14 | history indicative of violent, abusive, or assaultive | ||||||
| 15 | behavior, or lack of such behavior. Such evidence may | ||||||
| 16 | include testimony or documents received in juvenile | ||||||
| 17 | proceedings, criminal, quasi-criminal, civil | ||||||
| 18 | commitment, domestic relations, or other proceedings. | ||||||
| 19 | (B) Any evidence of the defendant's psychological, | ||||||
| 20 | psychiatric or other similar social history which | ||||||
| 21 | tends to indicate a violent, abusive, or assaultive | ||||||
| 22 | nature, or lack of any such history. | ||||||
| 23 | (3) The identity of any person or persons to whose | ||||||
| 24 | safety the defendant is believed to pose a threat, and the | ||||||
| 25 | nature of the threat. | ||||||
| 26 | (4) Any statements made by, or attributed to the | ||||||
| |||||||
| |||||||
| 1 | defendant, together with the circumstances surrounding | ||||||
| 2 | them. | ||||||
| 3 | (5) The age and physical condition of the defendant. | ||||||
| 4 | (6) The age and physical condition of any victim or | ||||||
| 5 | complaining witness. | ||||||
| 6 | (7) Whether the defendant is known to possess or have | ||||||
| 7 | access to any weapon or weapons. | ||||||
| 8 | (8) Whether, at the time of the current offense or any | ||||||
| 9 | other offense or arrest, the defendant was on probation, | ||||||
| 10 | parole, aftercare release, mandatory supervised release, | ||||||
| 11 | or other release from custody pending trial, sentencing, | ||||||
| 12 | appeal, or completion of sentence for an offense under | ||||||
| 13 | federal or State law. | ||||||
| 14 | (9) Any other factors, including those listed in | ||||||
| 15 | Section 110-5 of this Article deemed by the court to have a | ||||||
| 16 | reasonable bearing upon the defendant's propensity or | ||||||
| 17 | reputation for violent, abusive, or assaultive behavior, | ||||||
| 18 | or lack of such behavior. | ||||||
| 19 | (h) Detention order. The court shall, in any order for | ||||||
| 20 | detention: | ||||||
| 21 | (1) make a written finding summarizing the court's | ||||||
| 22 | reasons for concluding that the defendant should be denied | ||||||
| 23 | pretrial release, including why less restrictive | ||||||
| 24 | conditions would not avoid a real and present threat to | ||||||
| 25 | the safety of any person or persons or the community, | ||||||
| 26 | based on the specific articulable facts of the case, or | ||||||
| |||||||
| |||||||
| 1 | prevent the defendant's willful flight from prosecution; | ||||||
| 2 | (2) direct that the defendant be committed to the | ||||||
| 3 | custody of the sheriff for confinement in the county jail | ||||||
| 4 | pending trial; | ||||||
| 5 | (3) direct that the defendant be given a reasonable | ||||||
| 6 | opportunity for private consultation with counsel, and for | ||||||
| 7 | communication with others of his or her choice by | ||||||
| 8 | visitation, mail and telephone; and | ||||||
| 9 | (4) direct that the sheriff deliver the defendant as | ||||||
| 10 | required for appearances in connection with court | ||||||
| 11 | proceedings. | ||||||
| 12 | (i) Detention. If the court enters an order for the | ||||||
| 13 | detention of the defendant pursuant to subsection (e) of this | ||||||
| 14 | Section, the defendant shall be brought to trial on the | ||||||
| 15 | offense for which he is detained within 90 days after the date | ||||||
| 16 | on which the order for detention was entered. If the defendant | ||||||
| 17 | is not brought to trial within the 90-day period required by | ||||||
| 18 | the preceding sentence, he shall not be denied pretrial | ||||||
| 19 | release. In computing the 90-day period, the court shall omit | ||||||
| 20 | any period of delay resulting from a continuance granted at | ||||||
| 21 | the request of the defendant and any period of delay resulting | ||||||
| 22 | from a continuance granted at the request of the State with | ||||||
| 23 | good cause shown pursuant to Section 103-5. | ||||||
| 24 | (i-5) At each subsequent appearance of the defendant | ||||||
| 25 | before the court, the judge must find that continued detention | ||||||
| 26 | is necessary to avoid a real and present threat to the safety | ||||||
| |||||||
| |||||||
| 1 | of any person or persons or the community, based on the | ||||||
| 2 | specific articulable facts of the case, or to prevent the | ||||||
| 3 | defendant's willful flight from prosecution. | ||||||
| 4 | (j) Rights of the defendant. The defendant shall be | ||||||
| 5 | entitled to appeal any order entered under this Section | ||||||
| 6 | denying his or her pretrial release. | ||||||
| 7 | (k) Appeal. The State may appeal any order entered under | ||||||
| 8 | this Section denying any motion for denial of pretrial | ||||||
| 9 | release. | ||||||
| 10 | (l) Presumption of innocence. Nothing in this Section | ||||||
| 11 | shall be construed as modifying or limiting in any way the | ||||||
| 12 | defendant's presumption of innocence in further criminal | ||||||
| 13 | proceedings. | ||||||
| 14 | (m) Interest of victims. | ||||||
| 15 | (1) Crime victims shall be given notice by the State's | ||||||
| 16 | Attorney's office of this hearing as required in paragraph | ||||||
| 17 | (1) of subsection (b) of Section 4.5 of the Rights of Crime | ||||||
| 18 | Victims and Witnesses Act and shall be informed of their | ||||||
| 19 | opportunity at this hearing to obtain a protective order. | ||||||
| 20 | (2) If the defendant is denied pretrial release, the | ||||||
| 21 | court may impose a no contact provision with the victim or | ||||||
| 22 | other interested party that shall be enforced while the | ||||||
| 23 | defendant remains in custody. | ||||||
| 24 | (Source: P.A. 103-822, eff. 1-1-25; 104-417, eff. 8-15-25.) | ||||||
| 25 | (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2) | ||||||
| |||||||
| |||||||
| 1 | Sec. 110-6.2. Post-conviction detention. | ||||||
| 2 | (a) The court may order that a person who has been found | ||||||
| 3 | guilty of an offense and who is waiting imposition or | ||||||
| 4 | execution of sentence be held without bond release unless the | ||||||
| 5 | court finds by clear and convincing evidence that the person | ||||||
| 6 | is not likely to flee or pose a danger to any other person or | ||||||
| 7 | the community if released under Sections 110-5 and 110-10 of | ||||||
| 8 | this Act. | ||||||
| 9 | (b) The court may order that person who has been found | ||||||
| 10 | guilty of an offense and sentenced to a term of imprisonment be | ||||||
| 11 | held without bond release unless the court finds by clear and | ||||||
| 12 | convincing evidence that: | ||||||
| 13 | (1) the person is not likely to flee or pose a danger | ||||||
| 14 | to the safety of any other person or the community if | ||||||
| 15 | released on bond pending appeal; and | ||||||
| 16 | (2) that the appeal is not for purpose of delay and | ||||||
| 17 | raises a substantial question of law or fact likely to | ||||||
| 18 | result in reversal or an order for a new trial. | ||||||
| 19 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 20 | (725 ILCS 5/110-6.4) | ||||||
| 21 | Sec. 110-6.4. Statewide risk-assessment tool. The Supreme | ||||||
| 22 | Court may establish a statewide risk-assessment tool to be | ||||||
| 23 | used in proceedings to assist the court in establishing bail | ||||||
| 24 | conditions of pretrial release for a defendant by assessing | ||||||
| 25 | the defendant's likelihood of appearing at future court | ||||||
| |||||||
| |||||||
| 1 | proceedings or determining if the defendant poses a real and | ||||||
| 2 | present threat to the physical safety of any person or | ||||||
| 3 | persons. The Supreme Court shall consider establishing a | ||||||
| 4 | risk-assessment tool that does not discriminate on the basis | ||||||
| 5 | of race, gender, educational level, socio-economic status, or | ||||||
| 6 | neighborhood. If a risk-assessment tool is utilized within a | ||||||
| 7 | circuit that does not require a personal interview to be | ||||||
| 8 | completed, the Chief Judge of the circuit or the director of | ||||||
| 9 | the pretrial services agency may exempt the requirement under | ||||||
| 10 | Section 9 and subsection (a) of Section 7 of the Pretrial | ||||||
| 11 | Services Act. | ||||||
| 12 | For the purpose of this Section, "risk-assessment tool" | ||||||
| 13 | means an empirically validated, evidence-based screening | ||||||
| 14 | instrument that demonstrates reduced instances of a | ||||||
| 15 | defendant's failure to appear for further court proceedings or | ||||||
| 16 | prevents future criminal activity. | ||||||
| 17 | (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18; | ||||||
| 18 | 101-652, eff. 1-1-23.) | ||||||
| 19 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) | ||||||
| 20 | Sec. 110-10. Conditions of bail bond pretrial release. | ||||||
| 21 | (a) If a person is released prior to conviction, either | ||||||
| 22 | upon payment of bail security or on his or her own | ||||||
| 23 | recognizance, the conditions of the bail bond pretrial release | ||||||
| 24 | shall be that he or she will: | ||||||
| 25 | (1) Appear to answer the charge in the court having | ||||||
| |||||||
| |||||||
| 1 | jurisdiction on a day certain and thereafter as ordered by | ||||||
| 2 | the court until discharged or final order of the court; | ||||||
| 3 | (2) Submit himself or herself to the orders and | ||||||
| 4 | process of the court; | ||||||
| 5 | (3) (Blank); | ||||||
| 6 | (3.1) Not depart this State without leave of the | ||||||
| 7 | court; | ||||||
| 8 | (4) Not violate any criminal statute of any | ||||||
| 9 | jurisdiction; | ||||||
| 10 | (5) At a time and place designated by the court, | ||||||
| 11 | surrender all firearms in his or her possession to a law | ||||||
| 12 | enforcement officer designated by the court to take | ||||||
| 13 | custody of and impound the firearms and physically | ||||||
| 14 | surrender his or her Firearm Owner's Identification Card | ||||||
| 15 | to the clerk of the circuit court when the offense the | ||||||
| 16 | person has been charged with is a forcible felony, | ||||||
| 17 | stalking, aggravated stalking, domestic battery, any | ||||||
| 18 | violation of the Illinois Controlled Substances Act, the | ||||||
| 19 | Methamphetamine Control and Community Protection Act, or | ||||||
| 20 | the Cannabis Control Act that is classified as a Class 2 or | ||||||
| 21 | greater felony, or any felony violation of Article 24 of | ||||||
| 22 | the Criminal Code of 1961 or the Criminal Code of 2012; the | ||||||
| 23 | court may, however, forgo the imposition of this condition | ||||||
| 24 | when the circumstances of the case clearly do not warrant | ||||||
| 25 | it or when its imposition would be impractical; if the | ||||||
| 26 | Firearm Owner's Identification Card is confiscated, the | ||||||
| |||||||
| |||||||
| 1 | clerk of the circuit court shall mail the confiscated card | ||||||
| 2 | to the Illinois State Police; all legally possessed | ||||||
| 3 | firearms shall be returned to the person upon the charges | ||||||
| 4 | being dismissed, or if the person is found not guilty, | ||||||
| 5 | unless the finding of not guilty is by reason of insanity; | ||||||
| 6 | and | ||||||
| 7 | (6) At a time and place designated by the court, | ||||||
| 8 | submit to a psychological evaluation when the person has | ||||||
| 9 | been charged with a violation of item (4) of subsection | ||||||
| 10 | (a) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
| 11 | Criminal Code of 2012 and that violation occurred in a | ||||||
| 12 | school or in any conveyance owned, leased, or contracted | ||||||
| 13 | by a school to transport students to or from school or a | ||||||
| 14 | school-related activity, or on any public way within 1,000 | ||||||
| 15 | feet of real property comprising any school. | ||||||
| 16 | Psychological evaluations ordered pursuant to this Section | ||||||
| 17 | shall be completed promptly and made available to the State, | ||||||
| 18 | the defendant, and the court. As a further condition of bail | ||||||
| 19 | pretrial release under these circumstances, the court shall | ||||||
| 20 | order the defendant to refrain from entering upon the property | ||||||
| 21 | of the school, including any conveyance owned, leased, or | ||||||
| 22 | contracted by a school to transport students to or from school | ||||||
| 23 | or a school-related activity, or on any public way within | ||||||
| 24 | 1,000 feet of real property comprising any school. Upon | ||||||
| 25 | receipt of the psychological evaluation, either the State or | ||||||
| 26 | the defendant may request a change in the conditions of bail | ||||||
| |||||||
| |||||||
| 1 | pretrial release, pursuant to Section 110-6 of this Code. The | ||||||
| 2 | court may change the conditions of bail pretrial release to | ||||||
| 3 | include a requirement that the defendant follow the | ||||||
| 4 | recommendations of the psychological evaluation, including | ||||||
| 5 | undergoing psychiatric treatment. The conclusions of the | ||||||
| 6 | psychological evaluation and any statements elicited from the | ||||||
| 7 | defendant during its administration are not admissible as | ||||||
| 8 | evidence of guilt during the course of any trial on the charged | ||||||
| 9 | offense, unless the defendant places his or her mental | ||||||
| 10 | competency in issue. | ||||||
| 11 | (b) The court may impose other conditions, such as the | ||||||
| 12 | following, if the court finds that such conditions are | ||||||
| 13 | reasonably necessary to assure the defendant's appearance in | ||||||
| 14 | court, protect the public from the defendant, or prevent the | ||||||
| 15 | defendant's unlawful interference with the orderly | ||||||
| 16 | administration of justice: | ||||||
| 17 | (1) Report to or appear in person before such person | ||||||
| 18 | or agency as the court may direct; | ||||||
| 19 | (2) Refrain from possessing a firearm or other | ||||||
| 20 | dangerous weapon; | ||||||
| 21 | (3) Refrain from approaching or communicating with | ||||||
| 22 | particular persons or classes of persons; | ||||||
| 23 | (4) Refrain from going to certain described | ||||||
| 24 | geographical areas or premises; | ||||||
| 25 | (5) Refrain from engaging in certain activities or | ||||||
| 26 | indulging in intoxicating liquors or in certain drugs; | ||||||
| |||||||
| |||||||
| 1 | (6) Undergo treatment for drug addiction or | ||||||
| 2 | alcoholism; | ||||||
| 3 | (7) Undergo medical or psychiatric treatment; | ||||||
| 4 | (8) Work or pursue a course of study or vocational | ||||||
| 5 | training; | ||||||
| 6 | (9) Attend or reside in a facility designated by the | ||||||
| 7 | court; | ||||||
| 8 | (10) Support his or her dependents; | ||||||
| 9 | (11) If a minor resides with his or her parents or in a | ||||||
| 10 | foster home, attend school, attend a non-residential | ||||||
| 11 | program for youths, and contribute to his or her own | ||||||
| 12 | support at home or in a foster home; | ||||||
| 13 | (12) Observe any curfew ordered by the court; | ||||||
| 14 | (13) Remain in the custody of such designated person | ||||||
| 15 | or organization agreeing to supervise his release. Such | ||||||
| 16 | third party custodian shall be responsible for notifying | ||||||
| 17 | the court if the defendant fails to observe the conditions | ||||||
| 18 | of release which the custodian has agreed to monitor, and | ||||||
| 19 | shall be subject to contempt of court for failure so to | ||||||
| 20 | notify the court; | ||||||
| 21 | (14) Be placed under direct supervision of the | ||||||
| 22 | Pretrial Services Agency, Probation Department or Court | ||||||
| 23 | Services Department in a pretrial bond home supervision | ||||||
| 24 | capacity with or without the use of an approved electronic | ||||||
| 25 | monitoring device subject to Article 8A of Chapter V of | ||||||
| 26 | the Unified Code of Corrections; | ||||||
| |||||||
| |||||||
| 1 | (14.1) The court shall impose upon a defendant who is | ||||||
| 2 | charged with any alcohol, cannabis, methamphetamine, or | ||||||
| 3 | controlled substance violation and is placed under direct | ||||||
| 4 | supervision of the Pretrial Services Agency, Probation | ||||||
| 5 | Department or Court Services Department in a pretrial bond | ||||||
| 6 | home supervision capacity with the use of an approved | ||||||
| 7 | monitoring device, as a condition of such bail bond, a fee | ||||||
| 8 | that represents costs incidental to the electronic | ||||||
| 9 | monitoring for each day of such bail supervision ordered | ||||||
| 10 | by the court, unless after determining the inability of | ||||||
| 11 | the defendant to pay the fee, the court assesses a lesser | ||||||
| 12 | fee or no fee as the case may be. The fee shall be | ||||||
| 13 | collected by the clerk of the circuit court, except as | ||||||
| 14 | provided in an administrative order of the Chief Judge of | ||||||
| 15 | the circuit court. The clerk of the circuit court shall | ||||||
| 16 | pay all monies collected from this fee to the county | ||||||
| 17 | treasurer for deposit in the substance abuse services fund | ||||||
| 18 | under Section 5-1086.1 of the Counties Code, except as | ||||||
| 19 | provided in an administrative order of the Chief Judge of | ||||||
| 20 | the circuit court. | ||||||
| 21 | The Chief Judge of the circuit court of the county may | ||||||
| 22 | by administrative order establish a program for electronic | ||||||
| 23 | monitoring of offenders with regard to drug-related and | ||||||
| 24 | alcohol-related offenses, in which a vendor supplies and | ||||||
| 25 | monitors the operation of the electronic monitoring | ||||||
| 26 | device, and collects the fees on behalf of the county. The | ||||||
| |||||||
| |||||||
| 1 | program shall include provisions for indigent offenders | ||||||
| 2 | and the collection of unpaid fees. The program shall not | ||||||
| 3 | unduly burden the offender and shall be subject to review | ||||||
| 4 | by the Chief Judge. | ||||||
| 5 | The Chief Judge of the circuit court may suspend any | ||||||
| 6 | additional charges or fees for late payment, interest, or | ||||||
| 7 | damage to any device; | ||||||
| 8 | (14.2) The court shall impose upon all defendants, | ||||||
| 9 | including those defendants subject to paragraph (14.1) | ||||||
| 10 | above, placed under direct supervision of the Pretrial | ||||||
| 11 | Services Agency, Probation Department or Court Services | ||||||
| 12 | Department in a pretrial bond home supervision capacity | ||||||
| 13 | with the use of an approved monitoring device, as a | ||||||
| 14 | condition of such bail bond, a fee which shall represent | ||||||
| 15 | costs incidental to such electronic monitoring for each | ||||||
| 16 | day of such bail supervision ordered by the court, unless | ||||||
| 17 | after determining the inability of the defendant to pay | ||||||
| 18 | the fee, the court assesses a lesser fee or no fee as the | ||||||
| 19 | case may be. The fee shall be collected by the clerk of the | ||||||
| 20 | circuit court, except as provided in an administrative | ||||||
| 21 | order of the Chief Judge of the circuit court. The clerk of | ||||||
| 22 | the circuit court shall pay all monies collected from this | ||||||
| 23 | fee to the county treasurer who shall use the monies | ||||||
| 24 | collected to defray the costs of corrections. The county | ||||||
| 25 | treasurer shall deposit the fee collected in the county | ||||||
| 26 | working cash fund under Section 6-27001 or Section 6-29002 | ||||||
| |||||||
| |||||||
| 1 | of the Counties Code, as the case may be, except as | ||||||
| 2 | provided in an administrative order of the Chief Judge of | ||||||
| 3 | the circuit court. | ||||||
| 4 | The Chief Judge of the circuit court of the county may | ||||||
| 5 | by administrative order establish a program for electronic | ||||||
| 6 | monitoring of offenders with regard to drug-related and | ||||||
| 7 | alcohol-related offenses, in which a vendor supplies and | ||||||
| 8 | monitors the operation of the electronic monitoring | ||||||
| 9 | device, and collects the fees on behalf of the county. The | ||||||
| 10 | program shall include provisions for indigent offenders | ||||||
| 11 | and the collection of unpaid fees. The program shall not | ||||||
| 12 | unduly burden the offender and shall be subject to review | ||||||
| 13 | by the Chief Judge. | ||||||
| 14 | The Chief Judge of the circuit court may suspend any | ||||||
| 15 | additional charges or fees for late payment, interest, or | ||||||
| 16 | damage to any device; | ||||||
| 17 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
| 18 | establish reasonable fees to be paid by a person receiving | ||||||
| 19 | pretrial services while under supervision of a pretrial | ||||||
| 20 | services agency, probation department, or court services | ||||||
| 21 | department. Reasonable fees may be charged for pretrial | ||||||
| 22 | services including, but not limited to, pretrial | ||||||
| 23 | supervision, diversion programs, electronic monitoring, | ||||||
| 24 | victim impact services, drug and alcohol testing, DNA | ||||||
| 25 | testing, GPS electronic monitoring, assessments and | ||||||
| 26 | evaluations related to domestic violence and other | ||||||
| |||||||
| |||||||
| 1 | victims, and victim mediation services. The person | ||||||
| 2 | receiving pretrial services may be ordered to pay all | ||||||
| 3 | costs incidental to pretrial services in accordance with | ||||||
| 4 | his or her ability to pay those costs; | ||||||
| 5 | (14.4) For persons charged with violating Section | ||||||
| 6 | 11-501 of the Illinois Vehicle Code, refrain from | ||||||
| 7 | operating a motor vehicle not equipped with an ignition | ||||||
| 8 | interlock device, as defined in Section 1-129.1 of the | ||||||
| 9 | Illinois Vehicle Code, pursuant to the rules promulgated | ||||||
| 10 | by the Secretary of State for the installation of ignition | ||||||
| 11 | interlock devices. Under this condition the court may | ||||||
| 12 | allow a defendant who is not self-employed to operate a | ||||||
| 13 | vehicle owned by the defendant's employer that is not | ||||||
| 14 | equipped with an ignition interlock device in the course | ||||||
| 15 | and scope of the defendant's employment; | ||||||
| 16 | (15) Comply with the terms and conditions of an order | ||||||
| 17 | of protection issued by the court under the Illinois | ||||||
| 18 | Domestic Violence Act of 1986 or an order of protection | ||||||
| 19 | issued by the court of another state, tribe, or United | ||||||
| 20 | States territory; | ||||||
| 21 | (16) Under Section 110-6.5-1 comply with the | ||||||
| 22 | conditions of the drug testing program; and | ||||||
| 23 | (17) Such other reasonable conditions as the court may | ||||||
| 24 | impose. | ||||||
| 25 | (b) Additional conditions of release shall be set only | ||||||
| 26 | when it is determined that they are necessary to ensure the | ||||||
| |||||||
| |||||||
| 1 | defendant's appearance in court, ensure the defendant does not | ||||||
| 2 | commit any criminal offense, ensure the defendant complies | ||||||
| 3 | with all conditions of pretrial release, prevent the | ||||||
| 4 | defendant's unlawful interference with the orderly | ||||||
| 5 | administration of justice, or ensure compliance with the rules | ||||||
| 6 | and procedures of problem solving courts. However, conditions | ||||||
| 7 | shall include the least restrictive means and be | ||||||
| 8 | individualized. Conditions shall not mandate rehabilitative | ||||||
| 9 | services unless directly tied to the risk of pretrial | ||||||
| 10 | misconduct. Conditions of supervision shall not include | ||||||
| 11 | punitive measures such as community service work or | ||||||
| 12 | restitution. Conditions may include the following: | ||||||
| 13 | (0.05) Not depart this State without leave of the | ||||||
| 14 | court; | ||||||
| 15 | (1) Report to or appear in person before such person | ||||||
| 16 | or agency as the court may direct; | ||||||
| 17 | (2) Refrain from possessing a firearm or other | ||||||
| 18 | dangerous weapon; | ||||||
| 19 | (3) Refrain from approaching or communicating with | ||||||
| 20 | particular persons or classes of persons; | ||||||
| 21 | (4) Refrain from going to certain described geographic | ||||||
| 22 | areas or premises; | ||||||
| 23 | (5) Be placed under direct supervision of the Pretrial | ||||||
| 24 | Services Agency, Probation Department or Court Services | ||||||
| 25 | Department in a pretrial home supervision capacity with or | ||||||
| 26 | without the use of an approved electronic monitoring | ||||||
| |||||||
| |||||||
| 1 | device subject to Article 8A of Chapter V of the Unified | ||||||
| 2 | Code of Corrections; | ||||||
| 3 | (6) For persons charged with violating Section 11-501 | ||||||
| 4 | of the Illinois Vehicle Code, refrain from operating a | ||||||
| 5 | motor vehicle not equipped with an ignition interlock | ||||||
| 6 | device, as defined in Section 1-129.1 of the Illinois | ||||||
| 7 | Vehicle Code, pursuant to the rules promulgated by the | ||||||
| 8 | Secretary of State for the installation of ignition | ||||||
| 9 | interlock devices. Under this condition the court may | ||||||
| 10 | allow a defendant who is not self-employed to operate a | ||||||
| 11 | vehicle owned by the defendant's employer that is not | ||||||
| 12 | equipped with an ignition interlock device in the course | ||||||
| 13 | and scope of the defendant's employment; | ||||||
| 14 | (7) Comply with the terms and conditions of an order | ||||||
| 15 | of protection issued by the court under the Illinois | ||||||
| 16 | Domestic Violence Act of 1986 or an order of protection | ||||||
| 17 | issued by the court of another state, tribe, or United | ||||||
| 18 | States territory; | ||||||
| 19 | (8) Sign a written admonishment requiring that he or | ||||||
| 20 | she comply with the provisions of Section 110-12 regarding | ||||||
| 21 | any change in his or her address. The defendant's address | ||||||
| 22 | shall at all times remain a matter of record with the clerk | ||||||
| 23 | of the court; and | ||||||
| 24 | (9) Such other reasonable conditions as the court may | ||||||
| 25 | impose, so long as these conditions are the least | ||||||
| 26 | restrictive means to achieve the goals listed in | ||||||
| |||||||
| |||||||
| 1 | subsection (b), are individualized, and are in accordance | ||||||
| 2 | with national best practices as detailed in the Pretrial | ||||||
| 3 | Supervision Standards of the Supreme Court. | ||||||
| 4 | The defendant shall receive verbal and written | ||||||
| 5 | notification of conditions of pretrial release and future | ||||||
| 6 | court dates, including the date, time, and location of court. | ||||||
| 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 or her 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 bond that restrict the defendant's | ||||||
| 26 | access to the victim. Unless provided otherwise by the court, | ||||||
| |||||||
| |||||||
| 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 bond pretrial release forms for use in cases | ||||||
| 11 | involving family or household members as defined in Article | ||||||
| 12 | 112A, including specific conditions of bond pretrial release | ||||||
| 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 admitted to bail released after | ||||||
| 17 | conviction following appeal or other post-conviction | ||||||
| 18 | proceeding, the conditions of the bail bond pretrial release | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 bailed released. | ||||||
| 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 remaining on bond being released pending | ||||||
| 9 | sentencing. | ||||||
| 10 | (h) In the event the defendant is unable to post bond, the | ||||||
| 11 | court may impose a no contact provision with the victim or | ||||||
| 12 | other interested party that shall be enforced while the | ||||||
| 13 | defendant remains in custody. | ||||||
| 14 | (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
| 15 | 102-1104, eff. 1-1-23.) | ||||||
| 16 | (725 ILCS 5/110-11) (from Ch. 38, par. 110-11) | ||||||
| 17 | Sec. 110-11. Bail Pretrial release on a new trial. If the | ||||||
| 18 | judgment of conviction is reversed and the cause remanded for | ||||||
| 19 | a new trial the trial court may order that the bail conditions | ||||||
| 20 | of pretrial release stand pending such trial, or reduce or | ||||||
| 21 | increase bail modify the conditions of pretrial release. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 23 | (725 ILCS 5/110-12) (from Ch. 38, par. 110-12) | ||||||
| 24 | Sec. 110-12. Notice of change of address. A defendant who | ||||||
| |||||||
| |||||||
| 1 | has been admitted to bail pretrial release shall file a | ||||||
| 2 | written notice with the clerk of the court before which the | ||||||
| 3 | proceeding is pending of any change in his or her address | ||||||
| 4 | within 24 hours after such change, except that a defendant who | ||||||
| 5 | has been admitted to bail pretrial release for a forcible | ||||||
| 6 | felony as defined in Section 2-8 of the Criminal Code of 2012 | ||||||
| 7 | shall file a written notice with the clerk of the court before | ||||||
| 8 | which the proceeding is pending and the clerk shall | ||||||
| 9 | immediately deliver a time stamped copy of the written notice | ||||||
| 10 | to the State's Attorney prosecutor charged with the | ||||||
| 11 | prosecution within 24 hours prior to such change. The address | ||||||
| 12 | of a defendant who has been admitted to bail pretrial release | ||||||
| 13 | shall at all times remain a matter of public record with the | ||||||
| 14 | clerk of the court. | ||||||
| 15 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.) | ||||||
| 16 | (725 ILCS 5/111-2) (from Ch. 38, par. 111-2) | ||||||
| 17 | Sec. 111-2. Commencement of prosecutions. | ||||||
| 18 | (a) All prosecutions of felonies shall be by information | ||||||
| 19 | or by indictment. No prosecution may be pursued by information | ||||||
| 20 | unless a preliminary hearing has been held or waived in | ||||||
| 21 | accordance with Section 109-3 and at that hearing probable | ||||||
| 22 | cause to believe the defendant committed an offense was found, | ||||||
| 23 | and the provisions of Section 109-3.1 of this Code have been | ||||||
| 24 | complied with. | ||||||
| 25 | (b) All other prosecutions may be by indictment, | ||||||
| |||||||
| |||||||
| 1 | information or complaint. | ||||||
| 2 | (c) Upon the filing of an information or indictment in | ||||||
| 3 | open court charging the defendant with the commission of a sex | ||||||
| 4 | offense defined in any Section of Article 11 of the Criminal | ||||||
| 5 | Code of 1961 or the Criminal Code of 2012, and a minor as | ||||||
| 6 | defined in Section 1-3 of the Juvenile Court Act of 1987 is | ||||||
| 7 | alleged to be the victim of the commission of the acts of the | ||||||
| 8 | defendant in the commission of such offense, the court may | ||||||
| 9 | appoint a guardian ad litem for the minor as provided in | ||||||
| 10 | Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of | ||||||
| 11 | 1987. | ||||||
| 12 | (d) Upon the filing of an information or indictment in | ||||||
| 13 | open court, the court shall immediately issue a warrant for | ||||||
| 14 | the arrest of each person charged with an offense directed to a | ||||||
| 15 | peace officer or some other person specifically named | ||||||
| 16 | commanding him to arrest such person. | ||||||
| 17 | (e) When the offense is bailable eligible for pretrial | ||||||
| 18 | release, the judge shall endorse on the warrant the amount of | ||||||
| 19 | bail conditions of pretrial release required by the order of | ||||||
| 20 | the court, and if the court orders the process returnable | ||||||
| 21 | forthwith, the warrant shall require that the accused be | ||||||
| 22 | arrested and brought immediately into court. | ||||||
| 23 | (f) Where the prosecution of a felony is by information or | ||||||
| 24 | complaint after preliminary hearing, or after a waiver of | ||||||
| 25 | preliminary hearing in accordance with paragraph (a) of this | ||||||
| 26 | Section, such prosecution may be for all offenses, arising | ||||||
| |||||||
| |||||||
| 1 | from the same transaction or conduct of a defendant even | ||||||
| 2 | though the complaint or complaints filed at the preliminary | ||||||
| 3 | hearing charged only one or some of the offenses arising from | ||||||
| 4 | that transaction or conduct. | ||||||
| 5 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 6 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23) | ||||||
| 7 | Sec. 112A-23. Enforcement of protective orders. | ||||||
| 8 | (a) When violation is crime. A violation of any protective | ||||||
| 9 | order, whether issued in a civil, quasi-criminal proceeding or | ||||||
| 10 | by a military judge, shall be enforced by a criminal court | ||||||
| 11 | when: | ||||||
| 12 | (1) The respondent commits the crime of violation of a | ||||||
| 13 | domestic violence order of protection pursuant to Section | ||||||
| 14 | 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
| 15 | Criminal Code of 2012, by having knowingly violated: | ||||||
| 16 | (i) remedies described in paragraph (1), (2), (3), | ||||||
| 17 | (14), or (14.5) of subsection (b) of Section 112A-14 | ||||||
| 18 | of this Code, | ||||||
| 19 | (ii) a remedy, which is substantially similar to | ||||||
| 20 | the remedies authorized under paragraph (1), (2), (3), | ||||||
| 21 | (14), or (14.5) of subsection (b) of Section 214 of the | ||||||
| 22 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
| 23 | order of protection, which is authorized under the | ||||||
| 24 | laws of another state, tribe, or United States | ||||||
| 25 | territory, or | ||||||
| |||||||
| |||||||
| 1 | (iii) any other remedy when the act constitutes a | ||||||
| 2 | crime against the protected parties as defined by the | ||||||
| 3 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 4 | Prosecution for a violation of a domestic violence | ||||||
| 5 | order of protection shall not bar concurrent prosecution | ||||||
| 6 | for any other crime, including any crime that may have | ||||||
| 7 | been committed at the time of the violation of the | ||||||
| 8 | domestic violence order of protection; or | ||||||
| 9 | (2) The respondent commits the crime of child | ||||||
| 10 | abduction pursuant to Section 10-5 of the Criminal Code of | ||||||
| 11 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
| 12 | violated: | ||||||
| 13 | (i) remedies described in paragraph (5), (6), or | ||||||
| 14 | (8) of subsection (b) of Section 112A-14 of this Code, | ||||||
| 15 | or | ||||||
| 16 | (ii) a remedy, which is substantially similar to | ||||||
| 17 | the remedies authorized under paragraph (1), (5), (6), | ||||||
| 18 | or (8) of subsection (b) of Section 214 of the Illinois | ||||||
| 19 | Domestic Violence Act of 1986, in a valid domestic | ||||||
| 20 | violence order of protection, which is authorized | ||||||
| 21 | under the laws of another state, tribe, or United | ||||||
| 22 | States territory. | ||||||
| 23 | (3) The respondent commits the crime of violation of a | ||||||
| 24 | civil no contact order when the respondent violates | ||||||
| 25 | Section 12-3.8 of the Criminal Code of 2012. Prosecution | ||||||
| 26 | for a violation of a civil no contact order shall not bar | ||||||
| |||||||
| |||||||
| 1 | concurrent prosecution for any other crime, including any | ||||||
| 2 | crime that may have been committed at the time of the | ||||||
| 3 | violation of the civil no contact order. | ||||||
| 4 | (4) The respondent commits the crime of violation of a | ||||||
| 5 | stalking no contact order when the respondent violates | ||||||
| 6 | Section 12-3.9 of the Criminal Code of 2012. Prosecution | ||||||
| 7 | for a violation of a stalking no contact order shall not | ||||||
| 8 | bar concurrent prosecution for any other crime, including | ||||||
| 9 | any crime that may have been committed at the time of the | ||||||
| 10 | violation of the stalking no contact order. | ||||||
| 11 | (b) When violation is contempt of court. A violation of | ||||||
| 12 | any valid protective order, whether issued in a civil or | ||||||
| 13 | criminal proceeding or by a military judge, may be enforced | ||||||
| 14 | through civil or criminal contempt procedures, as appropriate, | ||||||
| 15 | by any court with jurisdiction, regardless where the act or | ||||||
| 16 | acts which violated the protective order were committed, to | ||||||
| 17 | the extent consistent with the venue provisions of this | ||||||
| 18 | Article. Nothing in this Article shall preclude any Illinois | ||||||
| 19 | court from enforcing any valid protective order issued in | ||||||
| 20 | another state. Illinois courts may enforce protective orders | ||||||
| 21 | through both criminal prosecution and contempt proceedings, | ||||||
| 22 | unless the action which is second in time is barred by | ||||||
| 23 | collateral estoppel or the constitutional prohibition against | ||||||
| 24 | double jeopardy. | ||||||
| 25 | (1) In a contempt proceeding where the petition for a | ||||||
| 26 | rule to show cause sets forth facts evidencing an | ||||||
| |||||||
| |||||||
| 1 | immediate danger that the respondent will flee the | ||||||
| 2 | jurisdiction, conceal a child, or inflict physical abuse | ||||||
| 3 | on the petitioner or minor children or on dependent adults | ||||||
| 4 | in petitioner's care, the court may order the attachment | ||||||
| 5 | of the respondent without prior service of the rule to | ||||||
| 6 | show cause or the petition for a rule to show cause. Bond | ||||||
| 7 | shall be set unless specifically denied in writing. | ||||||
| 8 | (2) A petition for a rule to show cause for violation | ||||||
| 9 | of a protective order shall be treated as an expedited | ||||||
| 10 | proceeding. | ||||||
| 11 | (c) Violation of custody, allocation of parental | ||||||
| 12 | responsibility, or support orders. A violation of remedies | ||||||
| 13 | described in paragraph (5), (6), (8), or (9) of subsection (b) | ||||||
| 14 | of Section 112A-14 of this Code may be enforced by any remedy | ||||||
| 15 | provided by Section 607.5 of the Illinois Marriage and | ||||||
| 16 | Dissolution of Marriage Act. The court may enforce any order | ||||||
| 17 | for support issued under paragraph (12) of subsection (b) of | ||||||
| 18 | Section 112A-14 of this Code in the manner provided for under | ||||||
| 19 | Parts V and VII of the Illinois Marriage and Dissolution of | ||||||
| 20 | Marriage Act. | ||||||
| 21 | (d) Actual knowledge. A protective order may be enforced | ||||||
| 22 | pursuant to this Section if the respondent violates the order | ||||||
| 23 | after the respondent has actual knowledge of its contents as | ||||||
| 24 | shown through one of the following means: | ||||||
| 25 | (1) (Blank). | ||||||
| 26 | (2) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (3) By service of a protective order under subsection | ||||||
| 2 | (f) of Section 112A-17.5 or Section 112A-22 of this Code. | ||||||
| 3 | (4) By other means demonstrating actual knowledge of | ||||||
| 4 | the contents of the order. | ||||||
| 5 | (e) The enforcement of a protective order in civil or | ||||||
| 6 | criminal court shall not be affected by either of the | ||||||
| 7 | following: | ||||||
| 8 | (1) The existence of a separate, correlative order | ||||||
| 9 | entered under Section 112A-15 of this Code. | ||||||
| 10 | (2) Any finding or order entered in a conjoined | ||||||
| 11 | criminal proceeding. | ||||||
| 12 | (e-5) If a civil no contact order entered under subsection | ||||||
| 13 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
| 14 | 1963 conflicts with an order issued pursuant to the Juvenile | ||||||
| 15 | Court Act of 1987 or the Illinois Marriage and Dissolution of | ||||||
| 16 | Marriage Act, the conflicting order issued under subsection | ||||||
| 17 | (6) of Section 112A-20 of the Code of Criminal Procedure of | ||||||
| 18 | 1963 shall be void. | ||||||
| 19 | (f) Circumstances. The court, when determining whether or | ||||||
| 20 | not a violation of a protective order has occurred, shall not | ||||||
| 21 | require physical manifestations of abuse on the person of the | ||||||
| 22 | victim. | ||||||
| 23 | (g) Penalties. | ||||||
| 24 | (1) Except as provided in paragraph (3) of this | ||||||
| 25 | subsection (g), where the court finds the commission of a | ||||||
| 26 | crime or contempt of court under subsection (a) or (b) of | ||||||
| |||||||
| |||||||
| 1 | this Section, the penalty shall be the penalty that | ||||||
| 2 | generally applies in such criminal or contempt | ||||||
| 3 | proceedings, and may include one or more of the following: | ||||||
| 4 | incarceration, payment of restitution, a fine, payment of | ||||||
| 5 | attorneys' fees and costs, or community service. | ||||||
| 6 | (2) The court shall hear and take into account | ||||||
| 7 | evidence of any factors in aggravation or mitigation | ||||||
| 8 | before deciding an appropriate penalty under paragraph (1) | ||||||
| 9 | of this subsection (g). | ||||||
| 10 | (3) To the extent permitted by law, the court is | ||||||
| 11 | encouraged to: | ||||||
| 12 | (i) increase the penalty for the knowing violation | ||||||
| 13 | of any protective order over any penalty previously | ||||||
| 14 | imposed by any court for respondent's violation of any | ||||||
| 15 | protective order or penal statute involving petitioner | ||||||
| 16 | as victim and respondent as defendant; | ||||||
| 17 | (ii) impose a minimum penalty of 24 hours | ||||||
| 18 | imprisonment for respondent's first violation of any | ||||||
| 19 | protective order; and | ||||||
| 20 | (iii) impose a minimum penalty of 48 hours | ||||||
| 21 | imprisonment for respondent's second or subsequent | ||||||
| 22 | violation of a protective order | ||||||
| 23 | unless the court explicitly finds that an increased | ||||||
| 24 | penalty or that period of imprisonment would be manifestly | ||||||
| 25 | unjust. | ||||||
| 26 | (4) In addition to any other penalties imposed for a | ||||||
| |||||||
| |||||||
| 1 | violation of a protective order, a criminal court may | ||||||
| 2 | consider evidence of any violations of a protective order: | ||||||
| 3 | (i) to increase, revoke, or modify the bail bond | ||||||
| 4 | conditions of pretrial release on an underlying | ||||||
| 5 | criminal charge pursuant to Section 110-6 of this | ||||||
| 6 | Code; | ||||||
| 7 | (ii) to revoke or modify an order of probation, | ||||||
| 8 | conditional discharge, or supervision, pursuant to | ||||||
| 9 | Section 5-6-4 of the Unified Code of Corrections; | ||||||
| 10 | (iii) to revoke or modify a sentence of periodic | ||||||
| 11 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
| 12 | Code of Corrections. | ||||||
| 13 | (Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
| 14 | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 103-407, eff. | ||||||
| 15 | 7-28-23.) | ||||||
| 16 | (725 ILCS 5/113-3.1) (from Ch. 38, par. 113-3.1) | ||||||
| 17 | Sec. 113-3.1. Payment for Court-Appointed Counsel. | ||||||
| 18 | (a) Whenever under either Section 113-3 of this Code or | ||||||
| 19 | Rule 607 of the Illinois Supreme Court the court appoints | ||||||
| 20 | counsel to represent a defendant, the court may order the | ||||||
| 21 | defendant to pay to the Clerk of the Circuit Court a reasonable | ||||||
| 22 | sum to reimburse either the county or the State for such | ||||||
| 23 | representation. In a hearing to determine the amount of the | ||||||
| 24 | payment, the court shall consider the affidavit prepared by | ||||||
| 25 | the defendant under Section 113-3 of this Code and any other | ||||||
| |||||||
| |||||||
| 1 | information pertaining to the defendant's financial | ||||||
| 2 | circumstances which may be submitted by the parties. Such | ||||||
| 3 | hearing shall be conducted on the court's own motion or on | ||||||
| 4 | motion of the prosecutor State's Attorney at any time after | ||||||
| 5 | the appointment of counsel but no later than 90 days after the | ||||||
| 6 | entry of a final order disposing of the case at the trial | ||||||
| 7 | level. | ||||||
| 8 | (b) Any sum ordered paid under this Section may not exceed | ||||||
| 9 | $500 for a defendant charged with a misdemeanor, $5,000 for a | ||||||
| 10 | defendant charged with a felony, or $2,500 for a defendant who | ||||||
| 11 | is appealing a conviction of any class offense. | ||||||
| 12 | (c) The method of any payment required under this Section | ||||||
| 13 | shall be as specified by the Court. The court may order that | ||||||
| 14 | payments be made on a monthly basis during the term of | ||||||
| 15 | representation; however, the sum deposited as money bond shall | ||||||
| 16 | not be used to satisfy this court order. Any sum deposited as | ||||||
| 17 | money bond with the Clerk of the Circuit Court under Section | ||||||
| 18 | 110-7 of this Code may be used in the court's discretion in | ||||||
| 19 | whole or in part to comply with any payment order entered in | ||||||
| 20 | accordance with paragraph (a) of this Section. The court may | ||||||
| 21 | give special consideration to the interests of relatives or | ||||||
| 22 | other third parties who may have posted a money bond on the | ||||||
| 23 | behalf of the defendant to secure his release. At any time | ||||||
| 24 | prior to full payment of any payment order the court on its own | ||||||
| 25 | motion or the motion of any party may reduce, increase, or | ||||||
| 26 | suspend the ordered payment, or modify the method of payment, | ||||||
| |||||||
| |||||||
| 1 | as the interest of fairness may require. No increase, | ||||||
| 2 | suspension, or reduction may be ordered without a hearing and | ||||||
| 3 | notice to all parties. | ||||||
| 4 | (d) The Supreme Court or the circuit courts may provide by | ||||||
| 5 | rule for procedures for the enforcement of orders entered | ||||||
| 6 | under this Section. Such rules may provide for the assessment | ||||||
| 7 | of all costs, including attorneys' fees which are required for | ||||||
| 8 | the enforcement of orders entered under this Section when the | ||||||
| 9 | court in an enforcement proceeding has first found that the | ||||||
| 10 | defendant has willfully refused to pay. The Clerk of the | ||||||
| 11 | Circuit Court shall keep records and make reports to the court | ||||||
| 12 | concerning funds paid under this Section in whatever manner | ||||||
| 13 | the court directs. | ||||||
| 14 | (e) Whenever an order is entered under this Section for | ||||||
| 15 | the reimbursement of the State due to the appointment of the | ||||||
| 16 | State Appellate Defender as counsel on appeal, the order shall | ||||||
| 17 | provide that the Clerk of the Circuit Court shall retain all | ||||||
| 18 | funds paid pursuant to such order until the full amount of the | ||||||
| 19 | sum ordered to be paid by the defendant has been paid. When no | ||||||
| 20 | balance remains due on such order, the Clerk of the Circuit | ||||||
| 21 | Court shall inform the court of this fact and the court shall | ||||||
| 22 | promptly order the Clerk of the Circuit Court to pay to the | ||||||
| 23 | State Treasurer all of the sum paid. | ||||||
| 24 | (f) The Clerk of the Circuit Court shall retain all funds | ||||||
| 25 | under this Section paid for the reimbursement of the county, | ||||||
| 26 | and shall inform the court when no balance remains due on an | ||||||
| |||||||
| |||||||
| 1 | order entered hereunder. The Clerk of the Circuit Court shall | ||||||
| 2 | make payments of funds collected under this Section to the | ||||||
| 3 | County Treasurer in whatever manner and at whatever point as | ||||||
| 4 | the court may direct, including payments made on a monthly | ||||||
| 5 | basis during the term of representation. | ||||||
| 6 | (g) A defendant who fails to obey any order of court | ||||||
| 7 | entered under this Section may be punished for contempt of | ||||||
| 8 | court. Any arrearage in payments may be reduced to judgment in | ||||||
| 9 | the court's discretion and collected by any means authorized | ||||||
| 10 | for the collection of money judgments under the law of this | ||||||
| 11 | State. | ||||||
| 12 | (Source: P.A. 102-1104, eff. 1-1-23.) | ||||||
| 13 | (725 ILCS 5/114-1) (from Ch. 38, par. 114-1) | ||||||
| 14 | Sec. 114-1. Motion to dismiss charge. | ||||||
| 15 | (a) Upon the written motion of the defendant made prior to | ||||||
| 16 | trial before or after a plea has been entered the court may | ||||||
| 17 | dismiss the indictment, information or complaint upon any of | ||||||
| 18 | the following grounds: | ||||||
| 19 | (1) The defendant has not been placed on trial in | ||||||
| 20 | compliance with Section 103-5 of this Code. | ||||||
| 21 | (2) The prosecution of the offense is barred by | ||||||
| 22 | Sections 3-3 through 3-8 of the Criminal Code of 2012. | ||||||
| 23 | (3) The defendant has received immunity from | ||||||
| 24 | prosecution for the offense charged. | ||||||
| 25 | (4) The indictment was returned by a Grand Jury which | ||||||
| |||||||
| |||||||
| 1 | was improperly selected and which results in substantial | ||||||
| 2 | injustice to the defendant. | ||||||
| 3 | (5) The indictment was returned by a Grand Jury which | ||||||
| 4 | acted contrary to Article 112 of this Code and which | ||||||
| 5 | results in substantial injustice to the defendant. | ||||||
| 6 | (6) The court in which the charge has been filed does | ||||||
| 7 | not have jurisdiction. | ||||||
| 8 | (7) The county is an improper place of trial. | ||||||
| 9 | (8) The charge does not state an offense. | ||||||
| 10 | (9) The indictment is based solely upon the testimony | ||||||
| 11 | of an incompetent witness. | ||||||
| 12 | (10) The defendant is misnamed in the charge and the | ||||||
| 13 | misnomer results in substantial injustice to the | ||||||
| 14 | defendant. | ||||||
| 15 | (11) The requirements of Section 109-3.1 have not been | ||||||
| 16 | complied with. | ||||||
| 17 | (b) The court shall require any motion to dismiss to be | ||||||
| 18 | filed within a reasonable time after the defendant has been | ||||||
| 19 | arraigned. Any motion not filed within such time or an | ||||||
| 20 | extension thereof shall not be considered by the court and the | ||||||
| 21 | grounds therefor, except as to subsections (a)(6) and (a)(8) | ||||||
| 22 | of this Section, are waived. | ||||||
| 23 | (c) If the motion presents only an issue of law the court | ||||||
| 24 | shall determine it without the necessity of further pleadings. | ||||||
| 25 | If the motion alleges facts not of record in the case the State | ||||||
| 26 | shall file an answer admitting or denying each of the factual | ||||||
| |||||||
| |||||||
| 1 | allegations of the motion. | ||||||
| 2 | (d) When an issue of fact is presented by a motion to | ||||||
| 3 | dismiss and the answer of the State the court shall conduct a | ||||||
| 4 | hearing and determine the issues. | ||||||
| 5 | (d-5) When a defendant seeks dismissal of the charge upon | ||||||
| 6 | the ground set forth in subsection (a)(7) of this Section, the | ||||||
| 7 | defendant shall make a prima facie showing that the county is | ||||||
| 8 | an improper place of trial. Upon such showing, the State shall | ||||||
| 9 | have the burden of proving, by a preponderance of the | ||||||
| 10 | evidence, that the county is the proper place of trial. | ||||||
| 11 | (d-6) When a defendant seeks dismissal of the charge upon | ||||||
| 12 | the grounds set forth in subsection (a)(2) of this Section, | ||||||
| 13 | the prosecution shall have the burden of proving, by a | ||||||
| 14 | preponderance of the evidence, that the prosecution of the | ||||||
| 15 | offense is not barred by Sections 3-3 through 3-8 of the | ||||||
| 16 | Criminal Code of 2012. | ||||||
| 17 | (e) Dismissal of the charge upon the grounds set forth in | ||||||
| 18 | subsections (a)(4) through (a)(11) of this Section shall not | ||||||
| 19 | prevent the return of a new indictment or the filing of a new | ||||||
| 20 | charge, and upon such dismissal the court may order that the | ||||||
| 21 | defendant be held in custody or, if the defendant had been | ||||||
| 22 | previously released on bail pretrial release, that the bail | ||||||
| 23 | pretrial release be continued for a specified time pending the | ||||||
| 24 | return of a new indictment or the filing of a new charge. | ||||||
| 25 | (f) If the court determines that the motion to dismiss | ||||||
| 26 | based upon the grounds set forth in subsections (a)(6) and | ||||||
| |||||||
| |||||||
| 1 | (a)(7) is well founded it may, instead of dismissal, order the | ||||||
| 2 | cause transferred to a court of competent jurisdiction or to a | ||||||
| 3 | proper place of trial. | ||||||
| 4 | (Source: P.A. 100-434, eff. 1-1-18; 101-652, eff. 1-1-23.) | ||||||
| 5 | (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1) | ||||||
| 6 | Sec. 115-4.1. Absence of defendant. | ||||||
| 7 | (a) When a defendant after arrest and an initial court | ||||||
| 8 | appearance for a non-capital felony or a misdemeanor, fails to | ||||||
| 9 | appear for trial, at the request of the State and after the | ||||||
| 10 | State has affirmatively proven through substantial evidence | ||||||
| 11 | that the defendant is willfully avoiding trial, the court may | ||||||
| 12 | commence trial in the absence of the defendant. Absence of a | ||||||
| 13 | defendant as specified in this Section shall not be a bar to | ||||||
| 14 | indictment of a defendant, return of information against a | ||||||
| 15 | defendant, or arraignment of a defendant for the charge for | ||||||
| 16 | which bail pretrial release has been granted. If a defendant | ||||||
| 17 | fails to appear at arraignment, the court may enter a plea of | ||||||
| 18 | "not guilty" on his behalf. If a defendant absents himself | ||||||
| 19 | before trial on a capital felony, trial may proceed as | ||||||
| 20 | specified in this Section provided that the State certifies | ||||||
| 21 | that it will not seek a death sentence following conviction. | ||||||
| 22 | Trial in the defendant's absence shall be by jury unless the | ||||||
| 23 | defendant had previously waived trial by jury. The absent | ||||||
| 24 | defendant must be represented by retained or appointed | ||||||
| 25 | counsel. The court, at the conclusion of all of the | ||||||
| |||||||
| |||||||
| 1 | proceedings, may order the clerk of the circuit court to pay | ||||||
| 2 | counsel such sum as the court deems reasonable, from any bond | ||||||
| 3 | monies which were posted by the defendant with the clerk, | ||||||
| 4 | after the clerk has first deducted all court costs. If trial | ||||||
| 5 | had previously commenced in the presence of the defendant and | ||||||
| 6 | the defendant willfully absents himself for two successive | ||||||
| 7 | court days, the court shall proceed to trial. All procedural | ||||||
| 8 | rights guaranteed by the United States Constitution, | ||||||
| 9 | Constitution of the State of Illinois, statutes of the State | ||||||
| 10 | of Illinois, and rules of court shall apply to the proceedings | ||||||
| 11 | the same as if the defendant were present in court and had not | ||||||
| 12 | either forfeited his or her bail bond had his or her pretrial | ||||||
| 13 | release revoked or escaped from custody. The court may set the | ||||||
| 14 | case for a trial which may be conducted under this Section | ||||||
| 15 | despite the failure of the defendant to appear at the hearing | ||||||
| 16 | at which the trial date is set. When such trial date is set the | ||||||
| 17 | clerk shall send to the defendant, by certified mail at his | ||||||
| 18 | last known address indicated on his bond slip, notice of the | ||||||
| 19 | new date which has been set for trial. Such notification shall | ||||||
| 20 | be required when the defendant was not personally present in | ||||||
| 21 | open court at the time when the case was set for trial. | ||||||
| 22 | (b) The absence of a defendant from a trial conducted | ||||||
| 23 | pursuant to this Section does not operate as a bar to | ||||||
| 24 | concluding the trial, to a judgment of conviction resulting | ||||||
| 25 | therefrom, or to a final disposition of the trial in favor of | ||||||
| 26 | the defendant. | ||||||
| |||||||
| |||||||
| 1 | (c) Upon a verdict of not guilty, the court shall enter | ||||||
| 2 | judgment for the defendant. Upon a verdict of guilty, the | ||||||
| 3 | court shall set a date for the hearing of post-trial motions | ||||||
| 4 | and shall hear such motion in the absence of the defendant. If | ||||||
| 5 | post-trial motions are denied, the court shall proceed to | ||||||
| 6 | conduct a sentencing hearing and to impose a sentence upon the | ||||||
| 7 | defendant. | ||||||
| 8 | (d) A defendant who is absent for part of the proceedings | ||||||
| 9 | of trial, post-trial motions, or sentencing, does not thereby | ||||||
| 10 | forfeit his right to be present at all remaining proceedings. | ||||||
| 11 | (e) When a defendant who in his absence has been either | ||||||
| 12 | convicted or sentenced or both convicted and sentenced appears | ||||||
| 13 | before the court, he must be granted a new trial or new | ||||||
| 14 | sentencing hearing if the defendant can establish that his | ||||||
| 15 | failure to appear in court was both without his fault and due | ||||||
| 16 | to circumstances beyond his control. A hearing with notice to | ||||||
| 17 | the State's Attorney on the defendant's request for a new | ||||||
| 18 | trial or a new sentencing hearing must be held before any such | ||||||
| 19 | request may be granted. At any such hearing both the defendant | ||||||
| 20 | and the State may present evidence. | ||||||
| 21 | (f) If the court grants only the defendant's request for a | ||||||
| 22 | new sentencing hearing, then a new sentencing hearing shall be | ||||||
| 23 | held in accordance with the provisions of the Unified Code of | ||||||
| 24 | Corrections. At any such hearing, both the defendant and the | ||||||
| 25 | State may offer evidence of the defendant's conduct during his | ||||||
| 26 | period of absence from the court. The court may impose any | ||||||
| |||||||
| |||||||
| 1 | sentence authorized by the Unified Code of Corrections and is | ||||||
| 2 | not in any way limited or restricted by any sentence | ||||||
| 3 | previously imposed. | ||||||
| 4 | (g) A defendant whose motion under paragraph (e) for a new | ||||||
| 5 | trial or new sentencing hearing has been denied may file a | ||||||
| 6 | notice of appeal therefrom. Such notice may also include a | ||||||
| 7 | request for review of the judgment and sentence not vacated by | ||||||
| 8 | the trial court. | ||||||
| 9 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 10 | (725 ILCS 5/122-6) (from Ch. 38, par. 122-6) | ||||||
| 11 | Sec. 122-6. Disposition in trial court. The court may | ||||||
| 12 | receive proof by affidavits, depositions, oral testimony, or | ||||||
| 13 | other evidence. In its discretion the court may order the | ||||||
| 14 | petitioner brought before the court for the hearing. If the | ||||||
| 15 | court finds in favor of the petitioner, it shall enter an | ||||||
| 16 | appropriate order with respect to the judgment or sentence in | ||||||
| 17 | the former proceedings and such supplementary orders as to | ||||||
| 18 | rearraignment, retrial, custody, bail, conditions of pretrial | ||||||
| 19 | release or discharge as may be necessary and proper. | ||||||
| 20 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 21 | (725 ILCS 5/102-10.5 rep.) | ||||||
| 22 | (725 ILCS 5/102-14.5 rep.) | ||||||
| 23 | (725 ILCS 5/110-6.6 rep.) | ||||||
| 24 | (725 ILCS 5/110-7.5 rep.) | ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/110-1.5 rep.) | ||||||
| 2 | Section 250. The Code of Criminal Procedure of 1963 is | ||||||
| 3 | amended by repealing Sections 102-10.5, 102-14.5, 110-1.5 | ||||||
| 4 | 110-6.6, and 110-7.5. | ||||||
| 5 | Section 255. The Code of Criminal Procedure of 1963 is | ||||||
| 6 | amended by changing Sections 103-2 and 108-8 as follows: | ||||||
| 7 | (725 ILCS 5/103-2) (from Ch. 38, par. 103-2) | ||||||
| 8 | Sec. 103-2. Treatment while in custody. | ||||||
| 9 | (a) On being taken into custody every person shall have | ||||||
| 10 | the right to remain silent. | ||||||
| 11 | (b) No unlawful means of any kind shall be used to obtain a | ||||||
| 12 | statement, admission or confession from any person in custody. | ||||||
| 13 | (c) Persons in custody shall be treated humanely and | ||||||
| 14 | provided with proper food, shelter and, if required, medical | ||||||
| 15 | treatment without unreasonable delay if the need for the | ||||||
| 16 | treatment is apparent. | ||||||
| 17 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| 18 | (725 ILCS 5/108-8) (from Ch. 38, par. 108-8) | ||||||
| 19 | Sec. 108-8. Use of force in execution of search warrant. | ||||||
| 20 | (a) All necessary and reasonable force may be used to | ||||||
| 21 | effect an entry into any building or property or part thereof | ||||||
| 22 | to execute a search warrant. | ||||||
| 23 | (b) The court issuing a warrant may authorize the officer | ||||||
| |||||||
| |||||||
| 1 | executing the warrant to make entry without first knocking and | ||||||
| 2 | announcing his or her office if it finds, based upon a showing | ||||||
| 3 | of specific facts, the existence of the following exigent | ||||||
| 4 | circumstances: | ||||||
| 5 | (1) That the officer reasonably believes that if | ||||||
| 6 | notice were given a weapon would be used: | ||||||
| 7 | (i) against the officer executing the search | ||||||
| 8 | warrant; or | ||||||
| 9 | (ii) against another person. | ||||||
| 10 | (2) That if notice were given there is an imminent | ||||||
| 11 | "danger" that evidence will be destroyed. | ||||||
| 12 | (c) Prior to the issuing of a warrant under subsection | ||||||
| 13 | (b), the officer must attest that: | ||||||
| 14 | (1) prior to entering the location described in the | ||||||
| 15 | search warrant, a supervising officer will ensure that | ||||||
| 16 | each participating member is assigned a body worn camera | ||||||
| 17 | and is following policies and procedures in accordance | ||||||
| 18 | with Section 10-20 of the Law Enforcement Officer-Worn | ||||||
| 19 | Body Camera Act; provided that the law enforcement agency | ||||||
| 20 | has implemented body worn camera in accordance with | ||||||
| 21 | Section 10-15 of the Law Enforcement Officer-Worn Body | ||||||
| 22 | Camera Act. If a law enforcement agency or each | ||||||
| 23 | participating member of a multi-jurisdictional team has | ||||||
| 24 | not implemented a body camera in accordance with Section | ||||||
| 25 | 10-15 of the Law Enforcement Officer-Worn Body Camera Act, | ||||||
| 26 | the officer must attest that the interaction authorized by | ||||||
| |||||||
| |||||||
| 1 | the warrant is otherwise recorded; | ||||||
| 2 | (2) The supervising officer verified the subject | ||||||
| 3 | address listed on the warrant for accuracy and planned for | ||||||
| 4 | children or other vulnerable people on-site; and | ||||||
| 5 | (3) if an officer becomes aware the search warrant was | ||||||
| 6 | executed at an address, unit, or apartment different from | ||||||
| 7 | the location listed on the search warrant, that member | ||||||
| 8 | will immediately notify a supervisor who will ensure an | ||||||
| 9 | internal investigation or formal inquiry ensues. | ||||||
| 10 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) | ||||||
| 11 | Section 260. The Code of Criminal Procedure of 1963 is | ||||||
| 12 | amended by adding Sections 103-3.1, 110-4.1, 110-6.3-1, | ||||||
| 13 | 110-6.5-1, 110-7.1, 110-8.1, 110-9.1, 110-13.1, 110-14.1, | ||||||
| 14 | 110-15.1, 110-16.1, 110-17.1, and 110-18.1 and Article 110B as | ||||||
| 15 | follows: | ||||||
| 16 | (725 ILCS 5/103-3.1 new) | ||||||
| 17 | Sec. 103-3.1. Right to communicate with attorney and | ||||||
| 18 | family; transfers. | ||||||
| 19 | (a) Persons who are arrested shall have the right to | ||||||
| 20 | communicate with an attorney of their choice and a member of | ||||||
| 21 | their family by making a reasonable number of telephone calls | ||||||
| 22 | or in any other reasonable manner. Such communication shall be | ||||||
| 23 | permitted within a reasonable time after arrival at the first | ||||||
| 24 | place of custody. | ||||||
| |||||||
| |||||||
| 1 | (b) In the event the accused is transferred to a new place | ||||||
| 2 | of custody his right to communicate with an attorney and a | ||||||
| 3 | member of his family is renewed. | ||||||
| 4 | (725 ILCS 5/110-4.1 new) | ||||||
| 5 | Sec. 110-4.1. Bailable offenses. | ||||||
| 6 | (a) All persons shall be bailable before conviction, | ||||||
| 7 | except the following offenses where the proof is evident or | ||||||
| 8 | the presumption great that the defendant is guilty of the | ||||||
| 9 | offense: capital offenses; offenses for which a sentence of | ||||||
| 10 | life imprisonment may be imposed as a consequence of | ||||||
| 11 | conviction; felony offenses for which a sentence of | ||||||
| 12 | imprisonment, without conditional and revocable release, shall | ||||||
| 13 | be imposed by law as a consequence of conviction, where the | ||||||
| 14 | court after a hearing, determines that the release of the | ||||||
| 15 | defendant would pose a real and present threat to the physical | ||||||
| 16 | safety of any person or persons; stalking or aggravated | ||||||
| 17 | stalking, where the court, after a hearing, determines that | ||||||
| 18 | the release of the defendant would pose a real and present | ||||||
| 19 | threat to the physical safety of the alleged victim of the | ||||||
| 20 | offense and denial of bail is necessary to prevent fulfillment | ||||||
| 21 | of the threat upon which the charge is based; or unlawful use | ||||||
| 22 | of weapons in violation of item (4) of subsection (a) of | ||||||
| 23 | Section 24-1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 24 | of 2012 when that offense occurred in a school or in any | ||||||
| 25 | conveyance owned, leased, or contracted by a school to | ||||||
| |||||||
| |||||||
| 1 | transport students to or from school or a school-related | ||||||
| 2 | activity, or on any public way within 1,000 feet of real | ||||||
| 3 | property comprising any school, where the court, after a | ||||||
| 4 | hearing, determines that the release of the defendant would | ||||||
| 5 | pose a real and present threat to the physical safety of any | ||||||
| 6 | person and denial of bail is necessary to prevent fulfillment | ||||||
| 7 | of that threat; or making a terrorist threat in violation of | ||||||
| 8 | Section 29D-20 of the Criminal Code of 1961 or the Criminal | ||||||
| 9 | Code of 2012 or an attempt to commit the offense of making a | ||||||
| 10 | terrorist threat, where the court, after a hearing, determines | ||||||
| 11 | that the release of the defendant would pose a real and present | ||||||
| 12 | threat to the physical safety of any person and denial of bail | ||||||
| 13 | is necessary to prevent fulfillment of that threat. | ||||||
| 14 | (b) A person seeking release on bail who is charged with a | ||||||
| 15 | capital offense or an offense for which a sentence of life | ||||||
| 16 | imprisonment may be imposed shall not be bailable until a | ||||||
| 17 | hearing is held wherein such person has the burden of | ||||||
| 18 | demonstrating that the proof of his guilt is not evident and | ||||||
| 19 | the presumption is not great. | ||||||
| 20 | (c) Where it is alleged that bail should be denied to a | ||||||
| 21 | person upon the grounds that the person presents a real and | ||||||
| 22 | present threat to the physical safety of any person or | ||||||
| 23 | persons, the burden of proof of such allegations shall be upon | ||||||
| 24 | the State. | ||||||
| 25 | (d) When it is alleged that bail should be denied to a | ||||||
| 26 | person charged with stalking or aggravated stalking upon the | ||||||
| |||||||
| |||||||
| 1 | grounds set forth in Section 110-6.3-1 of this Code, the | ||||||
| 2 | burden of proof of those allegations shall be upon the State. | ||||||
| 3 | (725 ILCS 5/110-6.3-1 new) | ||||||
| 4 | Sec. 110-6.3-1. Denial of bail in stalking and aggravated | ||||||
| 5 | stalking offenses. | ||||||
| 6 | (a) Upon verified petition by the State, the court shall | ||||||
| 7 | hold a hearing to determine whether bail should be denied to a | ||||||
| 8 | defendant who is charged with stalking or aggravated stalking, | ||||||
| 9 | when it is alleged that the defendant's admission to bail | ||||||
| 10 | poses a real and present threat to the physical safety of the | ||||||
| 11 | alleged victim of the offense, and denial of release on bail or | ||||||
| 12 | personal recognizance is necessary to prevent fulfillment of | ||||||
| 13 | the threat upon which the charge is based. | ||||||
| 14 | (1) A petition may be filed without prior notice to | ||||||
| 15 | the defendant at the first appearance before a judge, or | ||||||
| 16 | within 21 calendar days, except as provided in Section | ||||||
| 17 | 110-6, after arrest and release of the defendant upon | ||||||
| 18 | reasonable notice to defendant; provided that while the | ||||||
| 19 | petition is pending before the court, the defendant if | ||||||
| 20 | previously released shall not be detained. | ||||||
| 21 | (2) The hearing shall be held immediately upon the | ||||||
| 22 | defendant's appearance before the court, unless for good | ||||||
| 23 | cause shown the defendant or the State seeks a | ||||||
| 24 | continuance. A continuance on motion of the defendant may | ||||||
| 25 | not exceed 5 calendar days, and the defendant may be held | ||||||
| |||||||
| |||||||
| 1 | in custody during the continuance. A continuance on the | ||||||
| 2 | motion of the State may not exceed 3 calendar days; | ||||||
| 3 | however, the defendant may be held in custody during the | ||||||
| 4 | continuance under this provision if the defendant has been | ||||||
| 5 | previously found to have violated an order of protection | ||||||
| 6 | or has been previously convicted of, or granted court | ||||||
| 7 | supervision for, any of the offenses set forth in Sections | ||||||
| 8 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2, | ||||||
| 9 | 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, | ||||||
| 10 | 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code | ||||||
| 11 | of 1961 or the Criminal Code of 2012, against the same | ||||||
| 12 | person as the alleged victim of the stalking or aggravated | ||||||
| 13 | stalking offense. | ||||||
| 14 | (b) The court may deny bail to the defendant when, after | ||||||
| 15 | the hearing, it is determined that: | ||||||
| 16 | (1) the proof is evident or the presumption great that | ||||||
| 17 | the defendant has committed the offense of stalking or | ||||||
| 18 | aggravated stalking; and | ||||||
| 19 | (2) the defendant poses a real and present threat to | ||||||
| 20 | the physical safety of the alleged victim of the offense; | ||||||
| 21 | and | ||||||
| 22 | (3) the denial of release on bail or personal | ||||||
| 23 | recognizance is necessary to prevent fulfillment of the | ||||||
| 24 | threat upon which the charge is based; and | ||||||
| 25 | (4) the court finds that no condition or combination | ||||||
| 26 | of conditions set forth in subsection (b) of Section | ||||||
| |||||||
| |||||||
| 1 | 110-10 of this Code, including mental health treatment at | ||||||
| 2 | a community mental health center, hospital, or facility of | ||||||
| 3 | the Department of Human Services, can reasonably assure | ||||||
| 4 | the physical safety of the alleged victim of the offense. | ||||||
| 5 | (c) Conduct of the hearings. | ||||||
| 6 | (1) The hearing on the defendant's culpability and | ||||||
| 7 | threat to the alleged victim of the offense shall be | ||||||
| 8 | conducted in accordance with the following provisions: | ||||||
| 9 | (A) Information used by the court in its findings | ||||||
| 10 | or stated in or offered at the hearing may be by way of | ||||||
| 11 | proffer based upon reliable information offered by the | ||||||
| 12 | State or by defendant. Defendant has the right to be | ||||||
| 13 | represented by counsel, and if he is indigent, to have | ||||||
| 14 | counsel appointed for him. Defendant shall have the | ||||||
| 15 | opportunity to testify, to present witnesses in his | ||||||
| 16 | own behalf, and to cross-examine witnesses if any are | ||||||
| 17 | called by the State. The defendant has the right to | ||||||
| 18 | present witnesses in his favor. When the ends of | ||||||
| 19 | justice so require, the court may exercise its | ||||||
| 20 | discretion and compel the appearance of a complaining | ||||||
| 21 | witness. The court shall state on the record reasons | ||||||
| 22 | for granting a defense request to compel the presence | ||||||
| 23 | of a complaining witness. Cross-examination of a | ||||||
| 24 | complaining witness at the bail hearing for the | ||||||
| 25 | purpose of impeaching the witness' credibility is | ||||||
| 26 | insufficient reason to compel the presence of the | ||||||
| |||||||
| |||||||
| 1 | witness. In deciding whether to compel the appearance | ||||||
| 2 | of a complaining witness, the court shall be | ||||||
| 3 | considerate of the emotional and physical well-being | ||||||
| 4 | of the witness. The bail hearing is not to be used for | ||||||
| 5 | the purposes of discovery, and the post arraignment | ||||||
| 6 | rules of discovery do not apply. The State shall | ||||||
| 7 | tender to the defendant, prior to the hearing, copies | ||||||
| 8 | of defendant's criminal history, if any, if available, | ||||||
| 9 | and any written or recorded statements and the | ||||||
| 10 | substance of any oral statements made by any person, | ||||||
| 11 | if relied upon by the State. The rules concerning the | ||||||
| 12 | admissibility of evidence in criminal trials do not | ||||||
| 13 | apply to the presentation and consideration of | ||||||
| 14 | information at the hearing. At the trial concerning | ||||||
| 15 | the offense for which the hearing was conducted | ||||||
| 16 | neither the finding of the court nor any transcript or | ||||||
| 17 | other record of the hearing shall be admissible in the | ||||||
| 18 | State's case in chief, but shall be admissible for | ||||||
| 19 | impeachment, or as provided in Section 115-10.1 of | ||||||
| 20 | this Code, or in a perjury proceeding. | ||||||
| 21 | (B) A motion by the defendant to suppress evidence | ||||||
| 22 | or to suppress a confession shall not be entertained. | ||||||
| 23 | Evidence that proof may have been obtained as the | ||||||
| 24 | result of an unlawful search and seizure or through | ||||||
| 25 | improper interrogation is not relevant to this state | ||||||
| 26 | of the prosecution. | ||||||
| |||||||
| |||||||
| 1 | (2) The facts relied upon by the court to support a | ||||||
| 2 | finding that: | ||||||
| 3 | (A) the defendant poses a real and present threat | ||||||
| 4 | to the physical safety of the alleged victim of the | ||||||
| 5 | offense; and | ||||||
| 6 | (B) the denial of release on bail or personal | ||||||
| 7 | recognizance is necessary to prevent fulfillment of | ||||||
| 8 | the threat upon which the charge is based; | ||||||
| 9 | shall be supported by clear and convincing evidence | ||||||
| 10 | presented by the State. | ||||||
| 11 | (d) Factors to be considered in making a determination of | ||||||
| 12 | the threat to the alleged victim of the offense. The court may, | ||||||
| 13 | in determining whether the defendant poses, at the time of the | ||||||
| 14 | hearing, a real and present threat to the physical safety of | ||||||
| 15 | the alleged victim of the offense, consider but shall not be | ||||||
| 16 | limited to evidence or testimony concerning: | ||||||
| 17 | (1) The nature and circumstances of the offense | ||||||
| 18 | charged; | ||||||
| 19 | (2) The history and characteristics of the defendant | ||||||
| 20 | including: | ||||||
| 21 | (A) Any evidence of the defendant's prior criminal | ||||||
| 22 | history indicative of violent, abusive or assaultive | ||||||
| 23 | behavior, or lack of that behavior. The evidence may | ||||||
| 24 | include testimony or documents received in juvenile | ||||||
| 25 | proceedings, criminal, quasi-criminal, civil | ||||||
| 26 | commitment, domestic relations or other proceedings; | ||||||
| |||||||
| |||||||
| 1 | (B) Any evidence of the defendant's psychological, | ||||||
| 2 | psychiatric or other similar social history that tends | ||||||
| 3 | to indicate a violent, abusive, or assaultive nature, | ||||||
| 4 | or lack of any such history. | ||||||
| 5 | (3) The nature of the threat which is the basis of the | ||||||
| 6 | charge against the defendant; | ||||||
| 7 | (4) Any statements made by, or attributed to the | ||||||
| 8 | defendant, together with the circumstances surrounding | ||||||
| 9 | them; | ||||||
| 10 | (5) The age and physical condition of any person | ||||||
| 11 | assaulted by the defendant; | ||||||
| 12 | (6) Whether the defendant is known to possess or have | ||||||
| 13 | access to any weapon or weapons; | ||||||
| 14 | (7) Whether, at the time of the current offense or any | ||||||
| 15 | other offense or arrest, the defendant was on probation, | ||||||
| 16 | parole, aftercare release, mandatory supervised release or | ||||||
| 17 | other release from custody pending trial, sentencing, | ||||||
| 18 | appeal or completion of sentence for an offense under | ||||||
| 19 | federal or state law; | ||||||
| 20 | (8) Any other factors, including those listed in | ||||||
| 21 | Section 110-5 of this Code, deemed by the court to have a | ||||||
| 22 | reasonable bearing upon the defendant's propensity or | ||||||
| 23 | reputation for violent, abusive or assaultive behavior, or | ||||||
| 24 | lack of that behavior. | ||||||
| 25 | (e) The court shall, in any order denying bail to a person | ||||||
| 26 | charged with stalking or aggravated stalking: | ||||||
| |||||||
| |||||||
| 1 | (1) briefly summarize the evidence of the defendant's | ||||||
| 2 | culpability and its reasons for concluding that the | ||||||
| 3 | defendant should be held without bail; | ||||||
| 4 | (2) direct that the defendant be committed to the | ||||||
| 5 | custody of the sheriff for confinement in the county jail | ||||||
| 6 | pending trial; | ||||||
| 7 | (3) direct that the defendant be given a reasonable | ||||||
| 8 | opportunity for private consultation with counsel, and for | ||||||
| 9 | communication with others of his choice by visitation, | ||||||
| 10 | mail and telephone; and | ||||||
| 11 | (4) direct that the sheriff deliver the defendant as | ||||||
| 12 | required for appearances in connection with court | ||||||
| 13 | proceedings. | ||||||
| 14 | (f) If the court enters an order for the detention of the | ||||||
| 15 | defendant under subsection (e) of this Section, the defendant | ||||||
| 16 | shall be brought to trial on the offense for which he is | ||||||
| 17 | detained within 90 days after the date on which the order for | ||||||
| 18 | detention was entered. If the defendant is not brought to | ||||||
| 19 | trial within the 90 day period required by this subsection | ||||||
| 20 | (f), he shall not be held longer without bail. In computing the | ||||||
| 21 | 90 day period, the court shall omit any period of delay | ||||||
| 22 | resulting from a continuance granted at the request of the | ||||||
| 23 | defendant. The court shall immediately notify the alleged | ||||||
| 24 | victim of the offense that the defendant has been admitted to | ||||||
| 25 | bail under this subsection. | ||||||
| 26 | (g) Any person shall be entitled to appeal any order | ||||||
| |||||||
| |||||||
| 1 | entered under this Section denying bail to the defendant. | ||||||
| 2 | (h) The State may appeal any order entered under this | ||||||
| 3 | Section denying any motion for denial of bail. | ||||||
| 4 | (i) Nothing in this Section shall be construed as | ||||||
| 5 | modifying or limiting in any way the defendant's presumption | ||||||
| 6 | of innocence in further criminal proceedings. | ||||||
| 7 | (725 ILCS 5/110-6.5-1 new) | ||||||
| 8 | Sec. 110-6.5-1. Drug testing program. | ||||||
| 9 | (a) The Chief Judge of the circuit may establish a drug | ||||||
| 10 | testing program as provided by this Section in any county in | ||||||
| 11 | the circuit if the county board has approved the establishment | ||||||
| 12 | of the program and the county probation department or pretrial | ||||||
| 13 | services agency has consented to administer it. The drug | ||||||
| 14 | testing program shall be conducted under the following | ||||||
| 15 | provisions: | ||||||
| 16 | (a-1) The court, in the case of a defendant charged with a | ||||||
| 17 | felony offense or any offense involving the possession or | ||||||
| 18 | delivery of cannabis or a controlled substance, shall: | ||||||
| 19 | (1) not consider the release of the defendant on his | ||||||
| 20 | or her own recognizance, unless the defendant consents to | ||||||
| 21 | periodic drug testing during the period of release on his | ||||||
| 22 | or her own recognizance, in accordance with this Section; | ||||||
| 23 | (2) consider the consent of the defendant to periodic | ||||||
| 24 | drug testing during the period of release on bail in | ||||||
| 25 | accordance with this Section as a favorable factor for the | ||||||
| |||||||
| |||||||
| 1 | defendant in determining the amount of bail, the | ||||||
| 2 | conditions of release or in considering the defendant's | ||||||
| 3 | motion to reduce the amount of bail. | ||||||
| 4 | (b) The drug testing shall be conducted by the pretrial | ||||||
| 5 | services agency or under the direction of the probation | ||||||
| 6 | department when a pretrial services agency does not exist in | ||||||
| 7 | accordance with this Section. | ||||||
| 8 | (c) A defendant who consents to periodic drug testing as | ||||||
| 9 | set forth in this Section shall sign an agreement with the | ||||||
| 10 | court that, during the period of release, the defendant shall | ||||||
| 11 | refrain from using illegal drugs and that the defendant will | ||||||
| 12 | comply with the conditions of the testing program. The | ||||||
| 13 | agreement shall be on a form prescribed by the court and shall | ||||||
| 14 | be executed at the time of the bail hearing. This agreement | ||||||
| 15 | shall be made a specific condition of bail. | ||||||
| 16 | (d) The drug testing program shall be conducted as | ||||||
| 17 | follows: | ||||||
| 18 | (1) The testing shall be done by urinalysis for the | ||||||
| 19 | detection of phencyclidine, heroin, cocaine, methadone and | ||||||
| 20 | amphetamines. | ||||||
| 21 | (2) The collection of samples shall be performed under | ||||||
| 22 | reasonable and sanitary conditions. | ||||||
| 23 | (3) Samples shall be collected and tested with due | ||||||
| 24 | regard for the privacy of the individual being tested and | ||||||
| 25 | in a manner reasonably calculated to prevent substitutions | ||||||
| 26 | or interference with the collection or testing of reliable | ||||||
| |||||||
| |||||||
| 1 | samples. | ||||||
| 2 | (4) Sample collection shall be documented, and the | ||||||
| 3 | documentation procedures shall include: | ||||||
| 4 | (i) Labeling of samples so as to reasonably | ||||||
| 5 | preclude the probability of erroneous identification | ||||||
| 6 | of test results; and | ||||||
| 7 | (ii) An opportunity for the defendant to provide | ||||||
| 8 | information on the identification of prescription or | ||||||
| 9 | nonprescription drugs used in connection with a | ||||||
| 10 | medical condition. | ||||||
| 11 | (5) Sample collection, storage, and transportation to | ||||||
| 12 | the place of testing shall be performed so as to | ||||||
| 13 | reasonably preclude the probability of sample | ||||||
| 14 | contamination or adulteration. | ||||||
| 15 | (6) Sample testing shall conform to scientifically | ||||||
| 16 | accepted analytical methods and procedures. Testing shall | ||||||
| 17 | include verification or confirmation of any positive test | ||||||
| 18 | result by a reliable analytical method before the result | ||||||
| 19 | of any test may be used as a basis for any action by the | ||||||
| 20 | court. | ||||||
| 21 | (e) The initial sample shall be collected before the | ||||||
| 22 | defendant's release on bail. Thereafter, the defendant shall | ||||||
| 23 | report to the pretrial services agency or probation department | ||||||
| 24 | as required by the agency or department. The pretrial services | ||||||
| 25 | agency or probation department shall immediately notify the | ||||||
| 26 | court of any defendant who fails to report for testing. | ||||||
| |||||||
| |||||||
| 1 | (f) After the initial test, a subsequent confirmed | ||||||
| 2 | positive test result indicative of continued drug use shall | ||||||
| 3 | result in the following: | ||||||
| 4 | (1) Upon the first confirmed positive test result, the | ||||||
| 5 | pretrial services agency or probation department, shall | ||||||
| 6 | place the defendant on a more frequent testing schedule | ||||||
| 7 | and shall warn the defendant of the consequences of | ||||||
| 8 | continued drug use. | ||||||
| 9 | (2) A second confirmed positive test result shall be | ||||||
| 10 | grounds for a hearing before the judge who authorized the | ||||||
| 11 | release of the defendant in accordance with the provisions | ||||||
| 12 | of subsection (g) of this Section. | ||||||
| 13 | (g) The court shall, upon motion of the State or upon its | ||||||
| 14 | own motion, conduct a hearing in connection with any defendant | ||||||
| 15 | who fails to appear for testing, fails to cooperate with the | ||||||
| 16 | persons conducting the testing program, attempts to submit a | ||||||
| 17 | sample not his or her own or has had a confirmed positive test | ||||||
| 18 | result indicative of continued drug use for the second or | ||||||
| 19 | subsequent time after the initial test. The hearing shall be | ||||||
| 20 | conducted in accordance with the procedures of Section 110-6. | ||||||
| 21 | Upon a finding by the court that the State has established | ||||||
| 22 | by clear and convincing evidence that the defendant has | ||||||
| 23 | violated the drug testing conditions of bail, the court may | ||||||
| 24 | consider any of the following sanctions: | ||||||
| 25 | (1) increase the amount of the defendant's bail or | ||||||
| 26 | conditions of release; | ||||||
| |||||||
| |||||||
| 1 | (2) impose a jail sentence of up to 5 days; | ||||||
| 2 | (3) revoke the defendant's bail; or | ||||||
| 3 | (4) enter such other orders which are within the power | ||||||
| 4 | of the court as deemed appropriate. | ||||||
| 5 | (h) The results of any drug testing conducted under this | ||||||
| 6 | Section shall not be admissible on the issue of the | ||||||
| 7 | defendant's guilt in connection with any criminal charge. | ||||||
| 8 | (i) The court may require that the defendant pay for the | ||||||
| 9 | cost of drug testing. | ||||||
| 10 | (725 ILCS 5/110-7.1 new) | ||||||
| 11 | Sec. 110-7.1. Deposit of bail security. | ||||||
| 12 | (a) The person for whom bail has been set shall execute the | ||||||
| 13 | bail bond and deposit with the clerk of the court before which | ||||||
| 14 | the proceeding is pending a sum of money equal to 10% of the | ||||||
| 15 | bail, but in no event shall such deposit be less than $25. The | ||||||
| 16 | clerk of the court shall provide a space on each form for a | ||||||
| 17 | person other than the accused who has provided the money for | ||||||
| 18 | the posting of bail to so indicate and a space signed by an | ||||||
| 19 | accused who has executed the bail bond indicating whether a | ||||||
| 20 | person other than the accused has provided the money for the | ||||||
| 21 | posting of bail. The form shall also include a written notice | ||||||
| 22 | to such person who has provided the defendant with the money | ||||||
| 23 | for the posting of bail indicating that the bail may be used to | ||||||
| 24 | pay costs, attorney's fees, fines, or other purposes | ||||||
| 25 | authorized by the court and if the defendant fails to comply | ||||||
| |||||||
| |||||||
| 1 | with the conditions of the bail bond, the court shall enter an | ||||||
| 2 | order declaring the bail to be forfeited. The written notice | ||||||
| 3 | must be: (1) distinguishable from the surrounding text; (2) in | ||||||
| 4 | bold type or underscored; and (3) in a type size at least 2 | ||||||
| 5 | points larger than the surrounding type. When a person for | ||||||
| 6 | whom bail has been set is charged with an offense under the | ||||||
| 7 | Illinois Controlled Substances Act or the Methamphetamine | ||||||
| 8 | Control and Community Protection Act which is a Class X | ||||||
| 9 | felony, or making a terrorist threat in violation of Section | ||||||
| 10 | 29D-20 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 11 | 2012 or an attempt to commit the offense of making a terrorist | ||||||
| 12 | threat, the court may require the defendant to deposit a sum | ||||||
| 13 | equal to 100% of the bail. Where any person is charged with a | ||||||
| 14 | forcible felony while free on bail and is the subject of | ||||||
| 15 | proceedings under Section 109-3 of this Code the judge | ||||||
| 16 | conducting the preliminary examination may also conduct a | ||||||
| 17 | hearing upon the application of the State pursuant to the | ||||||
| 18 | provisions of Section 110-6 of this Code to increase or revoke | ||||||
| 19 | the bail for that person's prior alleged offense. | ||||||
| 20 | (b) Upon depositing this sum and any bond fee authorized | ||||||
| 21 | by law, the person shall be released from custody subject to | ||||||
| 22 | the conditions of the bail bond. | ||||||
| 23 | (c) Once bail has been given and a charge is pending or is | ||||||
| 24 | thereafter filed in or transferred to a court of competent | ||||||
| 25 | jurisdiction the latter court shall continue the original bail | ||||||
| 26 | in that court subject to the provisions of Section 110-6 of | ||||||
| |||||||
| |||||||
| 1 | this Code. | ||||||
| 2 | (d) After conviction the court may order that the original | ||||||
| 3 | bail stand as bail pending appeal or deny, increase or reduce | ||||||
| 4 | bail subject to the provisions of Section 110-6.2. | ||||||
| 5 | (e) After the entry of an order by the trial court allowing | ||||||
| 6 | or denying bail pending appeal either party may apply to the | ||||||
| 7 | reviewing court having jurisdiction or to a justice thereof | ||||||
| 8 | sitting in vacation for an order increasing or decreasing the | ||||||
| 9 | amount of bail or allowing or denying bail pending appeal | ||||||
| 10 | subject to the provisions of Section 110-6.2. | ||||||
| 11 | (f) When the conditions of the bail bond have been | ||||||
| 12 | performed and the accused has been discharged from all | ||||||
| 13 | obligations in the cause the clerk of the court shall return to | ||||||
| 14 | the accused or to the defendant's designee by an assignment | ||||||
| 15 | executed at the time the bail amount is deposited, unless the | ||||||
| 16 | court orders otherwise, 90% of the sum which had been | ||||||
| 17 | deposited and shall retain as bail bond costs 10% of the amount | ||||||
| 18 | deposited. However, in no event shall the amount retained by | ||||||
| 19 | the clerk as bail bond costs be less than $5. Notwithstanding | ||||||
| 20 | the foregoing, in counties with a population of 3,000,000 or | ||||||
| 21 | more, in no event shall the amount retained by the clerk as | ||||||
| 22 | bail bond costs exceed $100. Bail bond deposited by or on | ||||||
| 23 | behalf of a defendant in one case may be used, in the court's | ||||||
| 24 | discretion, to satisfy financial obligations of that same | ||||||
| 25 | defendant incurred in a different case due to a fine, court | ||||||
| 26 | costs, restitution or fees of the defendant's attorney of | ||||||
| |||||||
| |||||||
| 1 | record. In counties with a population of 3,000,000 or more, | ||||||
| 2 | the court shall not order bail bond deposited by or on behalf | ||||||
| 3 | of a defendant in one case to be used to satisfy financial | ||||||
| 4 | obligations of that same defendant in a different case until | ||||||
| 5 | the bail bond is first used to satisfy court costs and | ||||||
| 6 | attorney's fees in the case in which the bail bond has been | ||||||
| 7 | deposited and any other unpaid child support obligations are | ||||||
| 8 | satisfied. In counties with a population of less than | ||||||
| 9 | 3,000,000, the court shall not order bail bond deposited by or | ||||||
| 10 | on behalf of a defendant in one case to be used to satisfy | ||||||
| 11 | financial obligations of that same defendant in a different | ||||||
| 12 | case until the bail bond is first used to satisfy court costs | ||||||
| 13 | in the case in which the bail bond has been deposited. | ||||||
| 14 | At the request of the defendant the court may order such | ||||||
| 15 | 90% of defendant's bail deposit, or whatever amount is | ||||||
| 16 | repayable to defendant from such deposit, to be paid to | ||||||
| 17 | defendant's attorney of record. | ||||||
| 18 | (g) If the accused does not comply with the conditions of | ||||||
| 19 | the bail bond the court having jurisdiction shall enter an | ||||||
| 20 | order declaring the bail to be forfeited. Notice of such order | ||||||
| 21 | of forfeiture shall be mailed forthwith to the accused at his | ||||||
| 22 | last known address. If the accused does not appear and | ||||||
| 23 | surrender to the court having jurisdiction within 30 days from | ||||||
| 24 | the date of the forfeiture or within such period satisfy the | ||||||
| 25 | court that appearance and surrender by the accused is | ||||||
| 26 | impossible and without his fault the court shall enter | ||||||
| |||||||
| |||||||
| 1 | judgment for the State if the charge for which the bond was | ||||||
| 2 | given was a felony or misdemeanor, or if the charge was | ||||||
| 3 | quasi-criminal or traffic, judgment for the political | ||||||
| 4 | subdivision of the State which prosecuted the case, against | ||||||
| 5 | the accused for the amount of the bail and costs of the court | ||||||
| 6 | proceedings; however, in counties with a population of less | ||||||
| 7 | than 3,000,000, instead of the court entering a judgment for | ||||||
| 8 | the full amount of the bond the court may, in its discretion, | ||||||
| 9 | enter judgment for the cash deposit on the bond, less costs, | ||||||
| 10 | retain the deposit for further disposition or, if a cash bond | ||||||
| 11 | was posted for failure to appear in a matter involving | ||||||
| 12 | enforcement of child support or maintenance, the amount of the | ||||||
| 13 | cash deposit on the bond, less outstanding costs, may be | ||||||
| 14 | awarded to the person or entity to whom the child support or | ||||||
| 15 | maintenance is due. The deposit made in accordance with | ||||||
| 16 | paragraph (a) shall be applied to the payment of costs. If | ||||||
| 17 | judgment is entered and any amount of such deposit remains | ||||||
| 18 | after the payment of costs it shall be applied to payment of | ||||||
| 19 | the judgment and transferred to the treasury of the municipal | ||||||
| 20 | corporation wherein the bond was taken if the offense was a | ||||||
| 21 | violation of any penal ordinance of a political subdivision of | ||||||
| 22 | this State, or to the treasury of the county wherein the bond | ||||||
| 23 | was taken if the offense was a violation of any penal statute | ||||||
| 24 | of this State. The balance of the judgment may be enforced and | ||||||
| 25 | collected in the same manner as a judgment entered in a civil | ||||||
| 26 | action. | ||||||
| |||||||
| |||||||
| 1 | (h) After a judgment for a fine and court costs or either | ||||||
| 2 | is entered in the prosecution of a cause in which a deposit had | ||||||
| 3 | been made in accordance with paragraph (a) the balance of such | ||||||
| 4 | deposit, after deduction of bail bond costs, shall be applied | ||||||
| 5 | to the payment of the judgment. | ||||||
| 6 | (i) When a court appearance is required for an alleged | ||||||
| 7 | violation of the Criminal Code of 1961, the Criminal Code of | ||||||
| 8 | 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish | ||||||
| 9 | and Aquatic Life Code, the Child Passenger Protection Act, or | ||||||
| 10 | a comparable offense of a unit of local government as | ||||||
| 11 | specified in Supreme Court Rule 551, and if the accused does | ||||||
| 12 | not appear in court on the date set for appearance or any date | ||||||
| 13 | to which the case may be continued and the court issues an | ||||||
| 14 | arrest warrant for the accused, based upon his or her failure | ||||||
| 15 | to appear when having so previously been ordered to appear by | ||||||
| 16 | the court, the accused upon his or her admission to bail shall | ||||||
| 17 | be assessed by the court a fee of $75. Payment of the fee shall | ||||||
| 18 | be a condition of release unless otherwise ordered by the | ||||||
| 19 | court. The fee shall be in addition to any bail that the | ||||||
| 20 | accused is required to deposit for the offense for which the | ||||||
| 21 | accused has been charged and may not be used for the payment of | ||||||
| 22 | court costs or fines assessed for the offense. The clerk of the | ||||||
| 23 | court shall remit $70 of the fee assessed to the arresting | ||||||
| 24 | agency who brings the offender in on the arrest warrant. If the | ||||||
| 25 | Illinois State Police is the arresting agency, $70 of the fee | ||||||
| 26 | assessed shall be remitted by the clerk of the court to the | ||||||
| |||||||
| |||||||
| 1 | State Treasurer within one month after receipt for deposit | ||||||
| 2 | into the State Police Operations Assistance Fund. The clerk of | ||||||
| 3 | the court shall remit $5 of the fee assessed to the Circuit | ||||||
| 4 | Court Clerk Operation and Administrative Fund as provided in | ||||||
| 5 | Section 27.3d of the Clerks of Courts Act. | ||||||
| 6 | (725 ILCS 5/110-8.1 new) | ||||||
| 7 | Sec. 110-8.1. Cash, stocks, bonds and real estate as | ||||||
| 8 | security for bail. | ||||||
| 9 | (a) In lieu of the bail deposit provided for in Section | ||||||
| 10 | 110-7.1 of this Code any person for whom bail has been set may | ||||||
| 11 | execute the bail bond with or without sureties which bond may | ||||||
| 12 | be secured: | ||||||
| 13 | (1) By a deposit, with the clerk of the court, of an amount | ||||||
| 14 | equal to the required bail, of cash, or stocks and bonds in | ||||||
| 15 | which trustees are authorized to invest trust funds under the | ||||||
| 16 | laws of this State; or | ||||||
| 17 | (2) By real estate situated in this State with | ||||||
| 18 | unencumbered equity not exempt owned by the accused or | ||||||
| 19 | sureties worth double the amount of bail set in the bond. | ||||||
| 20 | (b) If the bail bond is secured by stocks and bonds the | ||||||
| 21 | accused or sureties shall file with the bond a sworn schedule | ||||||
| 22 | which shall be approved by the court and shall contain: | ||||||
| 23 | (1) A list of the stocks and bonds deposited | ||||||
| 24 | describing each in sufficient detail that it may be | ||||||
| 25 | identified; | ||||||
| |||||||
| |||||||
| 1 | (2) The market value of each stock and bond; | ||||||
| 2 | (3) The total market value of the stocks and bonds | ||||||
| 3 | listed; | ||||||
| 4 | (4) A statement that the affiant is the sole owner of | ||||||
| 5 | the stocks and bonds listed and they are not exempt from | ||||||
| 6 | the enforcement of a judgment thereon; | ||||||
| 7 | (5) A statement that such stocks and bonds have not | ||||||
| 8 | previously been used or accepted as bail in this State | ||||||
| 9 | during the 12 months preceding the date of the bail bond; | ||||||
| 10 | and | ||||||
| 11 | (6) A statement that such stocks and bonds are | ||||||
| 12 | security for the appearance of the accused in accordance | ||||||
| 13 | with the conditions of the bail bond. | ||||||
| 14 | (c) If the bail bond is secured by real estate the accused | ||||||
| 15 | or sureties shall file with the bond a sworn schedule which | ||||||
| 16 | shall contain: | ||||||
| 17 | (1) A legal description of the real estate; | ||||||
| 18 | (2) A description of any and all encumbrances on the | ||||||
| 19 | real estate including the amount of each and the holder | ||||||
| 20 | thereof; | ||||||
| 21 | (3) The market value of the unencumbered equity owned | ||||||
| 22 | by the affiant; | ||||||
| 23 | (4) A statement that the affiant is the sole owner of | ||||||
| 24 | such unencumbered equity and that it is not exempt from | ||||||
| 25 | the enforcement of a judgment thereon; | ||||||
| 26 | (5) A statement that the real estate has not | ||||||
| |||||||
| |||||||
| 1 | previously been used or accepted as bail in this State | ||||||
| 2 | during the 12 months preceding the date of the bail bond; | ||||||
| 3 | and | ||||||
| 4 | (6) A statement that the real estate is security for | ||||||
| 5 | the appearance of the accused in accordance with the | ||||||
| 6 | conditions of the bail bond. | ||||||
| 7 | (d) The sworn schedule shall constitute a material part of | ||||||
| 8 | the bail bond. The affiant commits perjury if in the sworn | ||||||
| 9 | schedule he makes a false statement which he does not believe | ||||||
| 10 | to be true. He shall be prosecuted and punished accordingly, | ||||||
| 11 | or, he may be punished for contempt. | ||||||
| 12 | (e) A certified copy of the bail bond and schedule of real | ||||||
| 13 | estate shall be filed immediately in the office of the | ||||||
| 14 | registrar of titles or recorder of the county in which the real | ||||||
| 15 | estate is situated and the State shall have a lien on such real | ||||||
| 16 | estate from the time such copies are filed in the office of the | ||||||
| 17 | registrar of titles or recorder. The registrar of titles or | ||||||
| 18 | recorder shall enter, index and record (or register as the | ||||||
| 19 | case may be) such bail bonds and schedules without requiring | ||||||
| 20 | any advance fee, which fee shall be taxed as costs in the | ||||||
| 21 | proceeding and paid out of such costs when collected. | ||||||
| 22 | (f) When the conditions of the bail bond have been | ||||||
| 23 | performed and the accused has been discharged from his | ||||||
| 24 | obligations in the cause, the clerk of the court shall return | ||||||
| 25 | to him or his sureties the deposit of any cash, stocks or | ||||||
| 26 | bonds. If the bail bond has been secured by real estate the | ||||||
| |||||||
| |||||||
| 1 | clerk of the court shall forthwith notify in writing the | ||||||
| 2 | registrar of titles or recorder and the lien of the bail bond | ||||||
| 3 | on the real estate shall be discharged. | ||||||
| 4 | (g) If the accused does not comply with the conditions of | ||||||
| 5 | the bail bond the court having jurisdiction shall enter an | ||||||
| 6 | order declaring the bail to be forfeited. Notice of such order | ||||||
| 7 | of forfeiture shall be mailed forthwith by the clerk of the | ||||||
| 8 | court to the accused and his sureties at their last known | ||||||
| 9 | address. If the accused does not appear and surrender to the | ||||||
| 10 | court having jurisdiction within 30 days from the date of the | ||||||
| 11 | forfeiture or within such period satisfy the court that | ||||||
| 12 | appearance and surrender by the accused is impossible and | ||||||
| 13 | without his fault the court shall enter judgment for the State | ||||||
| 14 | against the accused and his sureties for the amount of the bail | ||||||
| 15 | and costs of the proceedings; however, in counties with a | ||||||
| 16 | population of less than 3,000,000, if the defendant has posted | ||||||
| 17 | a cash bond, instead of the court entering a judgment for the | ||||||
| 18 | full amount of the bond the court may, in its discretion, enter | ||||||
| 19 | judgment for the cash deposit on the bond, less costs, retain | ||||||
| 20 | the deposit for further disposition or, if a cash bond was | ||||||
| 21 | posted for failure to appear in a matter involving enforcement | ||||||
| 22 | of child support or maintenance, the amount of the cash | ||||||
| 23 | deposit on the bond, less outstanding costs, may be awarded to | ||||||
| 24 | the person or entity to whom the child support or maintenance | ||||||
| 25 | is due. | ||||||
| 26 | (h) When judgment is entered in favor of the State on any | ||||||
| |||||||
| |||||||
| 1 | bail bond given for a felony or misdemeanor, or judgment for a | ||||||
| 2 | political subdivision of the state on any bail bond given for a | ||||||
| 3 | quasi-criminal or traffic offense, the State's Attorney or | ||||||
| 4 | political subdivision's attorney shall forthwith obtain a | ||||||
| 5 | certified copy of the judgment and deliver same to the sheriff | ||||||
| 6 | to be enforced by levy on the stocks or bonds deposited with | ||||||
| 7 | the clerk of the court and the real estate described in the | ||||||
| 8 | bail bond schedule. Any cash forfeited under subsection (g) of | ||||||
| 9 | this Section shall be used to satisfy the judgment and costs | ||||||
| 10 | and, without necessity of levy, ordered paid into the treasury | ||||||
| 11 | of the municipal corporation wherein the bail bond was taken | ||||||
| 12 | if the offense was a violation of any penal ordinance of a | ||||||
| 13 | political subdivision of this State, or into the treasury of | ||||||
| 14 | the county wherein the bail bond was taken if the offense was a | ||||||
| 15 | violation of any penal statute of this State, or to the person | ||||||
| 16 | or entity to whom child support or maintenance is owed if the | ||||||
| 17 | bond was taken for failure to appear in a matter involving | ||||||
| 18 | child support or maintenance. The stocks, bonds and real | ||||||
| 19 | estate shall be sold in the same manner as in sales for the | ||||||
| 20 | enforcement of a judgment in civil actions and the proceeds of | ||||||
| 21 | such sale shall be used to satisfy all court costs, prior | ||||||
| 22 | encumbrances, if any, and from the balance a sufficient amount | ||||||
| 23 | to satisfy the judgment shall be paid into the treasury of the | ||||||
| 24 | municipal corporation wherein the bail bond was taken if the | ||||||
| 25 | offense was a violation of any penal ordinance of a political | ||||||
| 26 | subdivision of this State, or into the treasury of the county | ||||||
| |||||||
| |||||||
| 1 | wherein the bail bond was taken if the offense was a violation | ||||||
| 2 | of any penal statute of this State. The balance shall be | ||||||
| 3 | returned to the owner. The real estate so sold may be redeemed | ||||||
| 4 | in the same manner as real estate may be redeemed after | ||||||
| 5 | judicial sales or sales for the enforcement of judgments in | ||||||
| 6 | civil actions. | ||||||
| 7 | (i) No stocks, bonds or real estate may be used or accepted | ||||||
| 8 | as bail bond security in this State more than once in any 12 | ||||||
| 9 | month period. | ||||||
| 10 | (725 ILCS 5/110-9.1 new) | ||||||
| 11 | Sec. 110-9.1. Taking of bail by peace officer. When bail | ||||||
| 12 | has been set by a judicial officer for a particular offense or | ||||||
| 13 | offender any sheriff or other peace officer may take bail in | ||||||
| 14 | accordance with the provisions of Section 110-7.1 or 110-8.1 | ||||||
| 15 | of this Code and release the offender to appear in accordance | ||||||
| 16 | with the conditions of the bail bond, the Notice to Appear or | ||||||
| 17 | the Summons. The officer shall give a receipt to the offender | ||||||
| 18 | for the bail so taken and within a reasonable time deposit such | ||||||
| 19 | bail with the clerk of the court having jurisdiction of the | ||||||
| 20 | offense. A sheriff or other peace officer taking bail in | ||||||
| 21 | accordance with the provisions of Section 110-7.1 or 110-8.1 | ||||||
| 22 | of this Code shall accept payments made in the form of | ||||||
| 23 | currency, and may accept other forms of payment as the sheriff | ||||||
| 24 | shall by rule authorize. For purposes of this Section, | ||||||
| 25 | "currency" has the meaning provided in subsection (a) of | ||||||
| |||||||
| |||||||
| 1 | Section 3 of the Currency Reporting Act. | ||||||
| 2 | (725 ILCS 5/110-13.1 new) | ||||||
| 3 | Sec. 110-13.1. Persons prohibited from furnishing bail | ||||||
| 4 | security. No attorney at law practicing in this State and no | ||||||
| 5 | official authorized to admit another to bail or to accept bail | ||||||
| 6 | shall furnish any part of any security for bail in any criminal | ||||||
| 7 | action or any proceeding nor shall any such person act as | ||||||
| 8 | surety for any accused admitted to bail. | ||||||
| 9 | (725 ILCS 5/110-14.1 new) | ||||||
| 10 | Sec. 110-14.1. Credit for incarceration on bailable | ||||||
| 11 | offense; credit against monetary bail for certain offenses. | ||||||
| 12 | (a) Any person incarcerated on a bailable offense who does | ||||||
| 13 | not supply bail and against whom a fine is levied on conviction | ||||||
| 14 | of the offense shall be allowed a credit of $30 for each day so | ||||||
| 15 | incarcerated upon application of the defendant. However, in no | ||||||
| 16 | case shall the amount so allowed or credited exceed the amount | ||||||
| 17 | of the fine. | ||||||
| 18 | (b) Subsection (a) does not apply to a person incarcerated | ||||||
| 19 | for sexual assault as defined in paragraph (1) of subsection | ||||||
| 20 | (a) of Section 5-9-1.7 of the Unified Code of Corrections. | ||||||
| 21 | (c) A person subject to bail on a Category B offense, | ||||||
| 22 | before January 1, 2023, shall have $30 deducted from his or her | ||||||
| 23 | 10% cash bond amount every day the person is incarcerated. The | ||||||
| 24 | sheriff shall calculate and apply this $30 per day reduction | ||||||
| |||||||
| |||||||
| 1 | and send notice to the circuit clerk if a defendant's 10% cash | ||||||
| 2 | bond amount is reduced to $0, at which point the defendant | ||||||
| 3 | shall be released upon his or her own recognizance. | ||||||
| 4 | (d) The court may deny the incarceration credit in | ||||||
| 5 | subsection (c) of this Section if the person has failed to | ||||||
| 6 | appear as required before the court and is incarcerated based | ||||||
| 7 | on a warrant for failure to appear on the same original | ||||||
| 8 | criminal offense. | ||||||
| 9 | (725 ILCS 5/110-15.1 new) | ||||||
| 10 | Sec. 110-15.1. Applicability of provisions for giving and | ||||||
| 11 | taking bail. The provisions of Sections 110-7.1 and 110-8.1 of | ||||||
| 12 | this Code are exclusive of other provisions of law for the | ||||||
| 13 | giving, taking, or enforcement of bail. In all cases where a | ||||||
| 14 | person is admitted to bail the provisions of Sections 110-7.1 | ||||||
| 15 | and 110-8.1 of this Code shall be applicable. | ||||||
| 16 | However, the Supreme Court may, by rule or order, | ||||||
| 17 | prescribe a uniform schedule of amounts of bail in all but | ||||||
| 18 | felony offenses. The uniform schedule shall not require a | ||||||
| 19 | person cited for violating the Illinois Vehicle Code or a | ||||||
| 20 | similar provision of a local ordinance for which a violation | ||||||
| 21 | is a petty offense as defined by Section 5-1-17 of the Unified | ||||||
| 22 | Code of Corrections, excluding business offenses as defined by | ||||||
| 23 | Section 5-1-2 of the Unified Code of Corrections or a | ||||||
| 24 | violation of Section 15-111 or subsection (d) of Section 3-401 | ||||||
| 25 | of the Illinois Vehicle Code, to post bond to secure bail for | ||||||
| |||||||
| |||||||
| 1 | his or her release. Such uniform schedule may provide that the | ||||||
| 2 | cash deposit provisions of Section 110-7.1 shall not apply to | ||||||
| 3 | bail amounts established for alleged violations punishable by | ||||||
| 4 | fine alone, and the schedule may further provide that in | ||||||
| 5 | specified traffic cases a valid Illinois chauffeur's or | ||||||
| 6 | operator's license must be deposited, in addition to 10% of | ||||||
| 7 | the amount of the bail specified in the schedule. | ||||||
| 8 | (725 ILCS 5/110-16.1 new) | ||||||
| 9 | Sec. 110-16.1. Bail bond-forfeiture in same case or | ||||||
| 10 | absents self during trial-not bailable. If a person admitted | ||||||
| 11 | to bail on a felony charge forfeits his bond and fails to | ||||||
| 12 | appear in court during the 30 days immediately after such | ||||||
| 13 | forfeiture, on being taken into custody thereafter he shall | ||||||
| 14 | not be bailable in the case in question, unless the court finds | ||||||
| 15 | that his absence was not for the purpose of obstructing | ||||||
| 16 | justice or avoiding prosecution. | ||||||
| 17 | (725 ILCS 5/110-17.1 new) | ||||||
| 18 | Sec. 110-17.1. Unclaimed bail deposits. Any sum of money | ||||||
| 19 | deposited by any person to secure his or her release from | ||||||
| 20 | custody which remains unclaimed by the person entitled to its | ||||||
| 21 | return for 3 years after the conditions of the bail bond have | ||||||
| 22 | been performed and the accused has been discharged from all | ||||||
| 23 | obligations in the cause shall be presumed to be abandoned and | ||||||
| 24 | subject to disposition under the Revised Uniform Unclaimed | ||||||
| |||||||
| |||||||
| 1 | Property Act. | ||||||
| 2 | (725 ILCS 5/110-18.1 new) | ||||||
| 3 | Sec. 110-18.1. Reimbursement. The sheriff of each county | ||||||
| 4 | shall certify to the treasurer of each county the number of | ||||||
| 5 | days that persons had been detained in the custody of the | ||||||
| 6 | sheriff without a bond being set as a result of an order | ||||||
| 7 | entered pursuant to Section 110-6.1 of this Code. The county | ||||||
| 8 | treasurer shall, no later than January 1, annually certify to | ||||||
| 9 | the Supreme Court the number of days that persons had been | ||||||
| 10 | detained without bond during the twelve-month period ending | ||||||
| 11 | November 30. The Supreme Court shall reimburse, from funds | ||||||
| 12 | appropriated to it by the General Assembly for such purposes, | ||||||
| 13 | the treasurer of each county an amount of money for deposit in | ||||||
| 14 | the county general revenue fund at a rate of $50 per day for | ||||||
| 15 | each day that persons were detained in custody without bail as | ||||||
| 16 | a result of an order entered pursuant to Section 110-6.1 of | ||||||
| 17 | this Code. | ||||||
| 18 | (725 ILCS 5/Art. 110B heading new) | ||||||
| 19 | ARTICLE 110B. PEACE BONDS | ||||||
| 20 | (725 ILCS 5/110B-5 new) | ||||||
| 21 | Sec. 110B-5. Courts as conservators of the peace. All | ||||||
| 22 | courts are conservators of the peace, shall cause to be kept | ||||||
| 23 | all laws made for the preservation of the peace, and may | ||||||
| |||||||
| |||||||
| 1 | require persons to give security to keep the peace or for their | ||||||
| 2 | good behavior, or both, as provided by this Article. | ||||||
| 3 | (725 ILCS 5/110B-10 new) | ||||||
| 4 | Sec. 110B-10. Complaints. When complaint is made to a | ||||||
| 5 | judge that a person has threatened or is about to commit an | ||||||
| 6 | offense against the person or property of another, the court | ||||||
| 7 | shall examine on oath the complaint, and any witness who may be | ||||||
| 8 | produced, and reduce the complaint to writing, and cause it to | ||||||
| 9 | be subscribed and sworn to by the complainant. | ||||||
| 10 | The complaint may be issued electronically or | ||||||
| 11 | electromagnetically by use of a facsimile transmission | ||||||
| 12 | machine, and that complaint has the same validity as a written | ||||||
| 13 | complaint. | ||||||
| 14 | (725 ILCS 5/110B-15 new) | ||||||
| 15 | Sec. 110B-15. Warrants. If the court is satisfied that | ||||||
| 16 | there is danger that an offense will be committed, the court | ||||||
| 17 | shall issue a warrant requiring the proper officer to whom it | ||||||
| 18 | is directed forthwith to apprehend the person complained of | ||||||
| 19 | and bring him or her before the court having jurisdiction in | ||||||
| 20 | the premises. | ||||||
| 21 | The warrant may be issued electronically or | ||||||
| 22 | electromagnetically by use of a facsimile transmission | ||||||
| 23 | machine, and that warrant has the same validity as a written | ||||||
| 24 | warrant. | ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/110B-20 new) | ||||||
| 2 | Sec. 110B-20. Hearing. When the person complained of is | ||||||
| 3 | brought before the court if the charge is controverted, the | ||||||
| 4 | testimony produced on behalf of the plaintiff and defendant | ||||||
| 5 | shall be heard. | ||||||
| 6 | (725 ILCS 5/110B-25 new) | ||||||
| 7 | Sec. 110B-25. Malicious prosecution; costs. If it appears | ||||||
| 8 | that there is no just reason to fear the commission of the | ||||||
| 9 | offense, the defendant shall be discharged. If the court is of | ||||||
| 10 | the opinion that the prosecution was commenced maliciously | ||||||
| 11 | without probable cause, the court may enter judgment against | ||||||
| 12 | the complainant for the costs of the prosecution. | ||||||
| 13 | (725 ILCS 5/110B-30 new) | ||||||
| 14 | Sec. 110B-30. Recognizance. If there is just reason to | ||||||
| 15 | fear the commission of an offense, the defendant shall be | ||||||
| 16 | required to give a recognizance, with sufficient security, in | ||||||
| 17 | the sum as the court may direct, to keep the peace towards all | ||||||
| 18 | people of this State, and especially towards the person | ||||||
| 19 | against whom or whose property there is reason to fear the | ||||||
| 20 | offense may be committed, for such time, not exceeding 12 | ||||||
| 21 | months, as the court may order. But he or she shall not be | ||||||
| 22 | bound over to the next court unless he or she is also charged | ||||||
| 23 | with some other offense for which he or she ought to be held to | ||||||
| |||||||
| |||||||
| 1 | answer at the court. | ||||||
| 2 | (725 ILCS 5/110B-35 new) | ||||||
| 3 | Sec. 110B-35. Refusal to give recognizance. If the person | ||||||
| 4 | so ordered to recognize complies with the order, he or she | ||||||
| 5 | shall be discharged; but if he or she refuses or neglects, the | ||||||
| 6 | court shall commit him or her to jail during the period for | ||||||
| 7 | which he or she was required to give security, or until he or | ||||||
| 8 | she so recognizes, stating in the warrant the cause of | ||||||
| 9 | commitment, with the sum and time for which the security was | ||||||
| 10 | required. | ||||||
| 11 | (725 ILCS 5/110B-40 new) | ||||||
| 12 | Sec. 110B-40. Costs of prosecution. When a person is | ||||||
| 13 | required to give security to keep the peace, or for his or her | ||||||
| 14 | good behavior, the court may further order that the costs of | ||||||
| 15 | the prosecution, or any part of the costs, shall be paid by | ||||||
| 16 | that person, who shall stand committed until the costs are | ||||||
| 17 | paid or he or she is otherwise legally discharged. | ||||||
| 18 | (725 ILCS 5/110B-45 new) | ||||||
| 19 | Sec. 110B-45. Discharge upon giving recognizance. A person | ||||||
| 20 | committed for not finding sureties, or refusing to recognize | ||||||
| 21 | as required by the court, may be discharged on giving the | ||||||
| 22 | security as was required. | ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 5/110B-50 new) | ||||||
| 2 | Sec. 110B-50. Filing of recognizance; breach of condition. | ||||||
| 3 | Every recognizance taken in accordance with the foregoing | ||||||
| 4 | provisions shall be filed of record by the clerk and upon a | ||||||
| 5 | breach of the condition the same shall be prosecuted by the | ||||||
| 6 | State's Attorney. | ||||||
| 7 | (725 ILCS 5/110B-55 new) | ||||||
| 8 | Sec. 110B-55. Conviction not needed. In proceeding upon a | ||||||
| 9 | recognizance it is not necessary to show a conviction of the | ||||||
| 10 | defendant of an offense against the person or property of | ||||||
| 11 | another. | ||||||
| 12 | (725 ILCS 5/110B-60 new) | ||||||
| 13 | Sec. 110B-60. Threat made in court. A person who, in the | ||||||
| 14 | presence of a court, commits or threatens to commit an offense | ||||||
| 15 | against the person or property of another, may be ordered, | ||||||
| 16 | without process, to enter into a recognizance to keep the | ||||||
| 17 | peace for a period not exceeding 12 months, and in case of | ||||||
| 18 | refusal be committed as in other cases. | ||||||
| 19 | (725 ILCS 5/110B-65 new) | ||||||
| 20 | Sec. 110B-65. Remitting recognizance. When, upon an action | ||||||
| 21 | brought upon a recognizance, the penalty for the action is | ||||||
| 22 | adjudged forfeited, the court may, on the petition of a | ||||||
| 23 | defendant, remit the portion of it as the circumstances of the | ||||||
| |||||||
| |||||||
| 1 | case render just and reasonable. | ||||||
| 2 | (725 ILCS 5/110B-70 new) | ||||||
| 3 | Sec. 110B-70. Surrender of principal. The sureties of a | ||||||
| 4 | person bound to keep the peace may, at any time, surrender | ||||||
| 5 | their principal to the sheriff of the county in which the | ||||||
| 6 | principal was bound, under the same rules and regulations | ||||||
| 7 | governing the surrender of the principal in other criminal | ||||||
| 8 | cases. | ||||||
| 9 | (725 ILCS 5/110B-75 new) | ||||||
| 10 | Sec. 110B-75. New recognizance. The person so surrendered | ||||||
| 11 | may recognize anew, with sufficient sureties, before a court, | ||||||
| 12 | for the residue of the time, and shall thereupon be | ||||||
| 13 | discharged. | ||||||
| 14 | (725 ILCS 5/110B-80 new) | ||||||
| 15 | Sec. 110B-80. Amended complaint. No proceeding to prevent | ||||||
| 16 | a breach of the peace shall be dismissed on account of any | ||||||
| 17 | informality or insufficiency in the complaint, or any process | ||||||
| 18 | or proceeding, but the complaint may be amended, by order of | ||||||
| 19 | the court, to conform to the facts in the case. | ||||||
| 20 | Section 265. The Firearm Seizure Act is amended by | ||||||
| 21 | changing Section 4 as follows: | ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 165/4) (from Ch. 38, par. 161-4) | ||||||
| 2 | Sec. 4. In lieu of requiring the surrender of any firearm, | ||||||
| 3 | the court may require the defendant to give a recognizance as | ||||||
| 4 | provided in Article 110B 110A of the Code of Criminal | ||||||
| 5 | Procedure of 1963. | ||||||
| 6 | (Source: P.A. 96-328, eff. 8-11-09.) | ||||||
| 7 | Section 270. The Rights of Crime Victims and Witnesses Act | ||||||
| 8 | is amended by changing Sections 3, 4 and 4.5 as follows: | ||||||
| 9 | (725 ILCS 120/3) (from Ch. 38, par. 1403) | ||||||
| 10 | (Text of Section before amendment by P.A. 104-173) | ||||||
| 11 | Sec. 3. The terms used in this Act shall have the following | ||||||
| 12 | meanings: | ||||||
| 13 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
| 14 | person determined by the prosecutor or the court to have | ||||||
| 15 | suffered direct physical or psychological harm as a result of | ||||||
| 16 | a violent crime perpetrated or attempted against that person | ||||||
| 17 | or direct physical or psychological harm as a result of (i) a | ||||||
| 18 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
| 19 | similar provision of a local ordinance or (ii) a violation of | ||||||
| 20 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 21 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
| 22 | years of age or an adult victim who is incompetent or | ||||||
| 23 | incapacitated, both parents, legal guardians, foster parents, | ||||||
| 24 | or a single adult representative; (3) in the case of an adult | ||||||
| |||||||
| |||||||
| 1 | deceased victim, 2 representatives who may be the spouse, | ||||||
| 2 | parent, child or sibling of the victim, or the representative | ||||||
| 3 | of the victim's estate; and (4) an immediate family member of a | ||||||
| 4 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
| 5 | victim. If the victim is 18 years of age or over, the victim | ||||||
| 6 | may choose any person to be the victim's representative. In no | ||||||
| 7 | event shall the defendant or any person who aided and abetted | ||||||
| 8 | in the commission of the crime be considered a victim, a crime | ||||||
| 9 | victim, or a representative of the victim. | ||||||
| 10 | A board, agency, or other governmental entity making | ||||||
| 11 | decisions regarding an offender's release, sentence reduction, | ||||||
| 12 | or clemency can determine additional persons are victims for | ||||||
| 13 | the purpose of its proceedings. | ||||||
| 14 | (a-3) "Advocate" means a person whose communications with | ||||||
| 15 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
| 16 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
| 17 | Domestic Violence Act of 1986. | ||||||
| 18 | (a-5) "Confer" means to consult together, share | ||||||
| 19 | information, compare opinions and carry on a discussion or | ||||||
| 20 | deliberation. | ||||||
| 21 | (a-6) "DNA database" means a collection of DNA profiles | ||||||
| 22 | from forensic casework or specimens from anonymous, | ||||||
| 23 | identified, and unidentified sources that is created to search | ||||||
| 24 | DNA records against each other to develop investigative leads | ||||||
| 25 | among forensic cases. | ||||||
| 26 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
| |||||||
| |||||||
| 1 | imposition of sentence, a request for a reduction in sentence, | ||||||
| 2 | parole, mandatory supervised release, aftercare release, early | ||||||
| 3 | release, inpatient treatment, outpatient treatment, | ||||||
| 4 | conditional release after a finding that the defendant is not | ||||||
| 5 | guilty by reason of insanity, clemency, or a proposal that | ||||||
| 6 | would reduce the defendant's sentence or result in the | ||||||
| 7 | defendant's release. "Early release" refers to a discretionary | ||||||
| 8 | release. | ||||||
| 9 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
| 10 | imposition of sentence and a request for a reduction in | ||||||
| 11 | sentence, parole, mandatory supervised release, aftercare | ||||||
| 12 | release, early release, consideration of inpatient treatment | ||||||
| 13 | or outpatient treatment, or conditional release after a | ||||||
| 14 | finding that the defendant is not guilty by reason of | ||||||
| 15 | insanity. | ||||||
| 16 | (a-10) "Status hearing" means a hearing designed to | ||||||
| 17 | provide information to the court, at which no motion of a | ||||||
| 18 | substantive nature and no constitutional or statutory right of | ||||||
| 19 | a crime victim is implicated or at issue. | ||||||
| 20 | (b) "Witness" means: any person who personally observed | ||||||
| 21 | the commission of a crime and who will testify on behalf of the | ||||||
| 22 | State of Illinois; or a person who will be called by the | ||||||
| 23 | prosecution to give testimony establishing a necessary nexus | ||||||
| 24 | between the offender and the violent crime. | ||||||
| 25 | (c) "Violent crime" means: (1) any felony in which force | ||||||
| 26 | or threat of force was used against the victim; (2) any offense | ||||||
| |||||||
| |||||||
| 1 | involving sexual exploitation, sexual conduct, or sexual | ||||||
| 2 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
| 3 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
| 5 | violation of an order of protection, a civil no contact order, | ||||||
| 6 | or a stalking no contact order; (6) any misdemeanor which | ||||||
| 7 | results in death or great bodily harm to the victim; or (7) any | ||||||
| 8 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 9 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
| 10 | Vehicle Code, or a similar provision of a local ordinance, if | ||||||
| 11 | the violation resulted in personal injury or death. "Violent | ||||||
| 12 | crime" includes any action committed by a juvenile that would | ||||||
| 13 | be a violent crime if committed by an adult. For the purposes | ||||||
| 14 | of this paragraph, "personal injury" shall include any Type A | ||||||
| 15 | injury as indicated on the traffic crash report completed by a | ||||||
| 16 | law enforcement officer that requires immediate professional | ||||||
| 17 | attention in either a doctor's office or medical facility. A | ||||||
| 18 | type A injury shall include severely bleeding wounds, | ||||||
| 19 | distorted extremities, and injuries that require the injured | ||||||
| 20 | party to be carried from the scene. | ||||||
| 21 | (d) (Blank). | ||||||
| 22 | (e) "Court proceedings" includes, but is not limited to, | ||||||
| 23 | the preliminary hearing, any post-arraignment hearing the | ||||||
| 24 | effect of which may be the release of the defendant from | ||||||
| 25 | custody or to alter the conditions of bond, change of plea | ||||||
| 26 | hearing, the trial, any pretrial or post-trial hearing, | ||||||
| |||||||
| |||||||
| 1 | sentencing, any oral argument or hearing before an Illinois | ||||||
| 2 | appellate court, any hearing under the Mental Health and | ||||||
| 3 | Developmental Disabilities Code or Section 5-2-4 of the | ||||||
| 4 | Unified Code of Corrections after a finding that the defendant | ||||||
| 5 | is not guilty by reason of insanity, including a hearing for | ||||||
| 6 | conditional release, any hearing related to a modification of | ||||||
| 7 | sentence, probation revocation hearing, aftercare release or | ||||||
| 8 | parole hearings, post-conviction relief proceedings, habeas | ||||||
| 9 | corpus proceedings and clemency proceedings related to the | ||||||
| 10 | defendant's conviction or sentence. For purposes of the | ||||||
| 11 | victim's right to be present, "court proceedings" does not | ||||||
| 12 | include (1) hearings under Section 109-1 of the Code of | ||||||
| 13 | Criminal Procedure of 1963, (2) (1) grand jury proceedings, | ||||||
| 14 | (3) (2) status hearings, or (4) (3) the issuance of an order or | ||||||
| 15 | decision of an Illinois court that dismisses a charge, | ||||||
| 16 | reverses a conviction, reduces a sentence, or releases an | ||||||
| 17 | offender under a court rule. | ||||||
| 18 | (f) "Concerned citizen" includes relatives of the victim, | ||||||
| 19 | friends of the victim, witnesses to the crime, or any other | ||||||
| 20 | person associated with the victim or prisoner. | ||||||
| 21 | (g) "Victim's attorney" means an attorney retained by the | ||||||
| 22 | victim for the purposes of asserting the victim's | ||||||
| 23 | constitutional and statutory rights. An attorney retained by | ||||||
| 24 | the victim means an attorney who is hired to represent the | ||||||
| 25 | victim at the victim's expense or an attorney who has agreed to | ||||||
| 26 | provide pro bono representation. Nothing in this statute | ||||||
| |||||||
| |||||||
| 1 | creates a right to counsel at public expense for a victim. | ||||||
| 2 | (h) "Support person" means a person chosen by a victim to | ||||||
| 3 | be present at court proceedings. | ||||||
| 4 | (Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23; | ||||||
| 5 | 103-792, eff. 1-1-25.) | ||||||
| 6 | (Text of Section after amendment by P.A. 104-173) | ||||||
| 7 | Sec. 3. The terms used in this Act shall have the following | ||||||
| 8 | meanings: | ||||||
| 9 | (a) "Crime victim" or "victim" means: (1) any natural | ||||||
| 10 | person determined by the prosecutor or the court to have | ||||||
| 11 | suffered direct physical or psychological harm as a result of | ||||||
| 12 | a violent crime perpetrated or attempted against that person | ||||||
| 13 | or direct physical or psychological harm as a result of (i) a | ||||||
| 14 | violation of Section 11-501 of the Illinois Vehicle Code or | ||||||
| 15 | similar provision of a local ordinance or (ii) a violation of | ||||||
| 16 | Section 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 17 | of 2012; (2) in the case of a crime victim who is under 18 | ||||||
| 18 | years of age or an adult victim who is incompetent or | ||||||
| 19 | incapacitated, both parents, legal guardians, foster parents, | ||||||
| 20 | or a single adult representative; (3) in the case of an adult | ||||||
| 21 | deceased victim, 2 representatives who may be the spouse, | ||||||
| 22 | parent, child or sibling of the victim, or the representative | ||||||
| 23 | of the victim's estate; and (4) an immediate family member of a | ||||||
| 24 | victim under clause (1) of this paragraph (a) chosen by the | ||||||
| 25 | victim. If the victim is 18 years of age or over, the victim | ||||||
| |||||||
| |||||||
| 1 | may choose any person to be the victim's representative. In no | ||||||
| 2 | event shall the defendant or any person who aided and abetted | ||||||
| 3 | in the commission of the crime be considered a victim, a crime | ||||||
| 4 | victim, or a representative of the victim. | ||||||
| 5 | A board, agency, or other governmental entity making | ||||||
| 6 | decisions regarding an offender's release, sentence reduction, | ||||||
| 7 | or clemency can determine additional persons are victims for | ||||||
| 8 | the purpose of its proceedings. | ||||||
| 9 | (a-3) "Advocate" means a person whose communications with | ||||||
| 10 | the victim are privileged under Section 8-802.1 or 8-802.2 of | ||||||
| 11 | the Code of Civil Procedure, or Section 227 of the Illinois | ||||||
| 12 | Domestic Violence Act of 1986. | ||||||
| 13 | (a-5) "Confer" means to consult together, share | ||||||
| 14 | information, compare opinions and carry on a discussion or | ||||||
| 15 | deliberation. | ||||||
| 16 | (a-6) "DNA database" means a collection of DNA profiles | ||||||
| 17 | from forensic casework or specimens from anonymous, | ||||||
| 18 | identified, and unidentified sources that is created to search | ||||||
| 19 | DNA records against each other to develop investigative leads | ||||||
| 20 | among forensic cases. | ||||||
| 21 | (a-7) "Sentence" includes, but is not limited to, the | ||||||
| 22 | imposition of sentence, a request for a reduction in sentence, | ||||||
| 23 | parole, mandatory supervised release, aftercare release, early | ||||||
| 24 | release, inpatient treatment, outpatient treatment, | ||||||
| 25 | conditional release after a finding that the defendant is not | ||||||
| 26 | guilty by reason of insanity, clemency, or a proposal that | ||||||
| |||||||
| |||||||
| 1 | would reduce the defendant's sentence or result in the | ||||||
| 2 | defendant's release. "Early release" refers to a discretionary | ||||||
| 3 | release. | ||||||
| 4 | (a-9) "Sentencing" includes, but is not limited to, the | ||||||
| 5 | imposition of sentence and a request for a reduction in | ||||||
| 6 | sentence, parole, mandatory supervised release, aftercare | ||||||
| 7 | release, early release, consideration of inpatient treatment | ||||||
| 8 | or outpatient treatment, or conditional release after a | ||||||
| 9 | finding that the defendant is not guilty by reason of | ||||||
| 10 | insanity. | ||||||
| 11 | (a-10) "Status hearing" means a hearing designed to | ||||||
| 12 | provide information to the court, at which no motion of a | ||||||
| 13 | substantive nature and no constitutional or statutory right of | ||||||
| 14 | a crime victim is implicated or at issue. | ||||||
| 15 | (b) "Witness" means: any person who personally observed | ||||||
| 16 | the commission of a crime and who will testify on behalf of the | ||||||
| 17 | State of Illinois; or a person who will be called by the | ||||||
| 18 | prosecution to give testimony establishing a necessary nexus | ||||||
| 19 | between the offender and the violent crime. | ||||||
| 20 | (c) "Violent crime" means: (1) any felony in which force | ||||||
| 21 | or threat of force was used against the victim; (2) any offense | ||||||
| 22 | involving sexual exploitation, sexual conduct, or sexual | ||||||
| 23 | penetration; (3) a violation of Section 11-20.1, 11-20.1B, | ||||||
| 24 | 11-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the | ||||||
| 25 | Criminal Code of 2012; (4) domestic battery or stalking; (5) | ||||||
| 26 | violation of an order of protection, a civil no contact order, | ||||||
| |||||||
| |||||||
| 1 | or a stalking no contact order; (6) any misdemeanor which | ||||||
| 2 | results in death or great bodily harm to the victim; or (7) any | ||||||
| 3 | violation of Section 9-3 of the Criminal Code of 1961 or the | ||||||
| 4 | Criminal Code of 2012, or Section 11-501 of the Illinois | ||||||
| 5 | Vehicle Code, or a similar provision of a local ordinance, if | ||||||
| 6 | the violation resulted in personal injury or death. "Violent | ||||||
| 7 | crime" includes any action committed by a juvenile that would | ||||||
| 8 | be a violent crime if committed by an adult. For the purposes | ||||||
| 9 | of this paragraph, "personal injury" shall include any Type A | ||||||
| 10 | injury as indicated on the traffic crash report completed by a | ||||||
| 11 | law enforcement officer that requires immediate professional | ||||||
| 12 | attention in either a doctor's office or medical facility. A | ||||||
| 13 | type A injury shall include severely bleeding wounds, | ||||||
| 14 | distorted extremities, and injuries that require the injured | ||||||
| 15 | party to be carried from the scene. | ||||||
| 16 | (d) (Blank). | ||||||
| 17 | (e) "Court proceedings" includes, but is not limited to, | ||||||
| 18 | the preliminary hearing, any post-arraignment hearing the | ||||||
| 19 | effect of which may be the release of the defendant from | ||||||
| 20 | custody or to alter the conditions of pretrial release, change | ||||||
| 21 | of plea hearing, the trial, any pretrial or post-trial | ||||||
| 22 | hearing, sentencing, any oral argument or hearing before an | ||||||
| 23 | Illinois appellate court, any hearing under the Mental Health | ||||||
| 24 | and Developmental Disabilities Code or Section 5-2-4 of the | ||||||
| 25 | Unified Code of Corrections after a finding that the defendant | ||||||
| 26 | is not guilty by reason of insanity, including a hearing for | ||||||
| |||||||
| |||||||
| 1 | conditional release, any hearing related to a modification of | ||||||
| 2 | sentence, probation revocation hearing, aftercare release or | ||||||
| 3 | parole hearings, post-conviction relief proceedings, habeas | ||||||
| 4 | corpus proceedings and clemency proceedings related to the | ||||||
| 5 | defendant's conviction or sentence. For purposes of the | ||||||
| 6 | victim's right to be present, "court proceedings" does not | ||||||
| 7 | include (1) hearings under Section 109-1 of the Code of | ||||||
| 8 | Criminal Procedure of 1963, (2) (1) grand jury proceedings, | ||||||
| 9 | (3) (2) status hearings, or (4) (3) the issuance of an order or | ||||||
| 10 | decision of an Illinois court that dismisses a charge, | ||||||
| 11 | reverses a conviction, reduces a sentence, or releases an | ||||||
| 12 | offender under a court rule. | ||||||
| 13 | (f) "Concerned citizen" includes relatives of the victim, | ||||||
| 14 | friends of the victim, witnesses to the crime, or any other | ||||||
| 15 | person associated with the victim or prisoner. | ||||||
| 16 | (g) "Victim's attorney" means an attorney retained by the | ||||||
| 17 | victim for the purposes of asserting the victim's | ||||||
| 18 | constitutional and statutory rights. An attorney retained by | ||||||
| 19 | the victim means an attorney who is hired to represent the | ||||||
| 20 | victim at the victim's expense or an attorney who has agreed to | ||||||
| 21 | provide pro bono representation. Nothing in this statute | ||||||
| 22 | creates a right to counsel at public expense for a victim. | ||||||
| 23 | (h) "Support person" means a person chosen by a victim to | ||||||
| 24 | be present at court proceedings. | ||||||
| 25 | (Source: P.A. 103-792, eff. 1-1-25; 104-173, eff. 1-1-26.) | ||||||
| |||||||
| |||||||
| 1 | (725 ILCS 120/4) | ||||||
| 2 | (Text of Section before amendment by P.A. 104-173 and | ||||||
| 3 | 104-326) | ||||||
| 4 | Sec. 4. Rights of crime victims. | ||||||
| 5 | (a) Crime victims shall have the following rights: | ||||||
| 6 | (1) The right to be treated with fairness and respect | ||||||
| 7 | for their dignity and privacy and to be free from | ||||||
| 8 | harassment, intimidation, and abuse throughout the | ||||||
| 9 | criminal justice process. | ||||||
| 10 | (1.5) The right to notice and to a hearing before a | ||||||
| 11 | court ruling on a request for access to any of the victim's | ||||||
| 12 | records, information, or communications which are | ||||||
| 13 | privileged or confidential by law. | ||||||
| 14 | (1.6) Except as otherwise provided in Section 9.5 of | ||||||
| 15 | the Criminal Identification Act or Section 3-3013 of the | ||||||
| 16 | Counties Code, whenever a person's DNA profile is | ||||||
| 17 | collected due to the person being a victim of a crime, as | ||||||
| 18 | identified by law enforcement, that specific profile | ||||||
| 19 | collected in conjunction with that criminal investigation | ||||||
| 20 | shall not be entered into any DNA database. Nothing in | ||||||
| 21 | this paragraph (1.6) shall be interpreted to contradict | ||||||
| 22 | rules and regulations developed by the Federal Bureau of | ||||||
| 23 | Investigation relating to the National DNA Index System or | ||||||
| 24 | Combined DNA Index System. | ||||||
| 25 | (2) The right to timely notification of all court | ||||||
| 26 | proceedings. | ||||||
| |||||||
| |||||||
| 1 | (3) The right to communicate with the prosecution. | ||||||
| 2 | (4) The right to be heard at any post-arraignment | ||||||
| 3 | court proceeding in which a right of the victim is at issue | ||||||
| 4 | and any court proceeding involving a post-arraignment | ||||||
| 5 | release decision, plea, or sentencing. | ||||||
| 6 | (5) The right to be notified of the conviction, the | ||||||
| 7 | sentence, the imprisonment and the release of the accused. | ||||||
| 8 | (6) The right to the timely disposition of the case | ||||||
| 9 | following the arrest of the accused. | ||||||
| 10 | (7) The right to be reasonably protected from the | ||||||
| 11 | accused through the criminal justice process. | ||||||
| 12 | (7.5) The right to have the safety of the victim and | ||||||
| 13 | the victim's family considered in determining denying or | ||||||
| 14 | fixing the amount of bail, whether to release the | ||||||
| 15 | defendant, and setting conditions of release after arrest | ||||||
| 16 | and conviction. | ||||||
| 17 | (8) The right to be present at the trial and all other | ||||||
| 18 | court proceedings on the same basis as the accused, unless | ||||||
| 19 | the victim is to testify and the court determines that the | ||||||
| 20 | victim's testimony would be materially affected if the | ||||||
| 21 | victim hears other testimony at the trial. | ||||||
| 22 | (9) The right to have present at all court | ||||||
| 23 | proceedings, including proceedings under the Juvenile | ||||||
| 24 | Court Act of 1987, subject to the rules of evidence, an | ||||||
| 25 | advocate and other support person of the victim's choice. | ||||||
| 26 | (10) The right to restitution. | ||||||
| |||||||
| |||||||
| 1 | (b) Any law enforcement agency that investigates an | ||||||
| 2 | offense committed in this State shall provide a crime victim | ||||||
| 3 | with a written statement and explanation of the rights of | ||||||
| 4 | crime victims under this amendatory Act of the 99th General | ||||||
| 5 | Assembly within 48 hours of law enforcement's initial contact | ||||||
| 6 | with a victim. The statement shall include information about | ||||||
| 7 | crime victim compensation, including how to contact the Office | ||||||
| 8 | of the Illinois Attorney General to file a claim, and | ||||||
| 9 | appropriate referrals to local and State programs that provide | ||||||
| 10 | victim services. The content of the statement shall be | ||||||
| 11 | provided to law enforcement by the Attorney General. Law | ||||||
| 12 | enforcement shall also provide a crime victim with a sign-off | ||||||
| 13 | sheet that the victim shall sign and date as an | ||||||
| 14 | acknowledgement that he or she has been furnished with | ||||||
| 15 | information and an explanation of the rights of crime victims | ||||||
| 16 | and compensation set forth in this Act. | ||||||
| 17 | (b-5) Upon the request of the victim, the law enforcement | ||||||
| 18 | agency having jurisdiction shall provide a free copy of the | ||||||
| 19 | police report concerning the victim's incident, as soon as | ||||||
| 20 | practicable, but in no event later than 5 business days from | ||||||
| 21 | the request. | ||||||
| 22 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
| 23 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
| 24 | Illinois Constitution and subsection (a) of this Section | ||||||
| 25 | within 3 feet of the door to any courtroom where criminal | ||||||
| 26 | proceedings are conducted. The clerk may also post the rights | ||||||
| |||||||
| |||||||
| 1 | in other locations in the courthouse. | ||||||
| 2 | (d) At any point, the victim has the right to retain a | ||||||
| 3 | victim's attorney who may be present during all stages of any | ||||||
| 4 | interview, investigation, or other interaction with | ||||||
| 5 | representatives of the criminal justice system. Treatment of | ||||||
| 6 | the victim should not be affected or altered in any way as a | ||||||
| 7 | result of the victim's decision to exercise this right. | ||||||
| 8 | (Source: P.A. 103-792, eff. 1-1-25.) | ||||||
| 9 | (Text of Section after amendment by P.A. 104-173 and | ||||||
| 10 | 104-326) | ||||||
| 11 | Sec. 4. Rights of crime victims. | ||||||
| 12 | (a) Crime victims shall have the following rights: | ||||||
| 13 | (1) The right to be treated with fairness and respect | ||||||
| 14 | for their dignity and privacy and to be free from | ||||||
| 15 | harassment, intimidation, and abuse throughout the | ||||||
| 16 | criminal justice process. | ||||||
| 17 | (1.1) When a person reports being a crime victim as | ||||||
| 18 | defined in Section 3, the right to be treated with | ||||||
| 19 | fairness and respect during the investigatory process, | ||||||
| 20 | including the right to be free from deception, which is | ||||||
| 21 | the knowing communication of false facts about evidence. | ||||||
| 22 | (1.5) The right to notice and to a hearing before a | ||||||
| 23 | court ruling on a request for access to any of the victim's | ||||||
| 24 | records, information, or communications which are | ||||||
| 25 | privileged or confidential by law. | ||||||
| |||||||
| |||||||
| 1 | (1.6) Except as otherwise provided in Section 9.5 of | ||||||
| 2 | the Criminal Identification Act or Section 3-3013 of the | ||||||
| 3 | Counties Code, whenever a person's DNA profile is | ||||||
| 4 | collected due to the person being a victim of a crime, as | ||||||
| 5 | identified by law enforcement, that specific profile | ||||||
| 6 | collected in conjunction with that criminal investigation | ||||||
| 7 | shall not be entered into any DNA database. Nothing in | ||||||
| 8 | this paragraph (1.6) shall be interpreted to contradict | ||||||
| 9 | rules and regulations developed by the Federal Bureau of | ||||||
| 10 | Investigation relating to the National DNA Index System or | ||||||
| 11 | Combined DNA Index System. | ||||||
| 12 | (2) The right to timely notification of all court | ||||||
| 13 | proceedings. Timely notification shall include 7 days' | ||||||
| 14 | notice of all court proceedings. | ||||||
| 15 | (3) The right to communicate with the prosecution. | ||||||
| 16 | (4) The right to be heard at any post-arraignment | ||||||
| 17 | court proceeding in which a right of the victim is at issue | ||||||
| 18 | and any court proceeding involving a post-arraignment | ||||||
| 19 | release decision, plea, or sentencing. | ||||||
| 20 | (5) The right to be notified of the conviction, the | ||||||
| 21 | sentence, the imprisonment, and the release of the | ||||||
| 22 | accused. | ||||||
| 23 | (6) The right to the timely disposition of the case | ||||||
| 24 | following the arrest of the accused. | ||||||
| 25 | (7) The right to be reasonably protected from the | ||||||
| 26 | accused through the criminal justice process. | ||||||
| |||||||
| |||||||
| 1 | (7.5) The right to have the safety of the victim and | ||||||
| 2 | the victim's family considered in denying or fixing the | ||||||
| 3 | amount of bail, determining whether to release the | ||||||
| 4 | defendant, and setting conditions of release after arrest | ||||||
| 5 | and conviction. | ||||||
| 6 | (8) The right to be present at the trial and all other | ||||||
| 7 | court proceedings on the same basis as the accused, unless | ||||||
| 8 | the victim is to testify and the court determines that the | ||||||
| 9 | victim's testimony would be materially affected if the | ||||||
| 10 | victim hears other testimony at the trial. | ||||||
| 11 | (9) The right to have present at all court | ||||||
| 12 | proceedings, including proceedings under the Juvenile | ||||||
| 13 | Court Act of 1987, subject to the rules of evidence, an | ||||||
| 14 | advocate and other support person of the victim's choice. | ||||||
| 15 | (10) The right to restitution. | ||||||
| 16 | (b) Any law enforcement agency that investigates an | ||||||
| 17 | offense committed in this State shall provide a crime victim | ||||||
| 18 | with a written statement and explanation of the rights of | ||||||
| 19 | crime victims under Public Act 99-413 this amendatory Act of | ||||||
| 20 | the 99th General Assembly within 48 hours of law enforcement's | ||||||
| 21 | initial contact with a victim. The statement shall include | ||||||
| 22 | information about crime victim compensation, including how to | ||||||
| 23 | contact the Office of the Illinois Attorney General to file a | ||||||
| 24 | claim, and appropriate referrals to local and State programs | ||||||
| 25 | that provide victim services. The content of the statement | ||||||
| 26 | shall be provided to law enforcement by the Attorney General. | ||||||
| |||||||
| |||||||
| 1 | Law enforcement shall also provide a crime victim with a | ||||||
| 2 | sign-off sheet that the victim shall sign and date as an | ||||||
| 3 | acknowledgement that he or she has been furnished with | ||||||
| 4 | information and an explanation of the rights of crime victims | ||||||
| 5 | and compensation set forth in this Act. | ||||||
| 6 | (b-5) Upon the request of the victim, the law enforcement | ||||||
| 7 | agency having jurisdiction shall provide a free copy of the | ||||||
| 8 | police report concerning the victim's incident, as soon as | ||||||
| 9 | practicable, but in no event later than 5 business days from | ||||||
| 10 | the request. | ||||||
| 11 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
| 12 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
| 13 | Illinois Constitution and subsection (a) of this Section | ||||||
| 14 | within 3 feet of the door to any courtroom where criminal | ||||||
| 15 | proceedings are conducted. The clerk may also post the rights | ||||||
| 16 | in other locations in the courthouse. | ||||||
| 17 | (d) At any point, the victim has the right to retain a | ||||||
| 18 | victim's attorney who may be present during all stages of any | ||||||
| 19 | interview, investigation, or other interaction with | ||||||
| 20 | representatives of the criminal justice system. Treatment of | ||||||
| 21 | the victim should not be affected or altered in any way as a | ||||||
| 22 | result of the victim's decision to exercise this right. | ||||||
| 23 | (Source: P.A. 103-792, eff. 1-1-25; 104-173, eff. 1-1-26; | ||||||
| 24 | 104-326, eff. 1-1-26; revised 9-15-25.) | ||||||
| 25 | (725 ILCS 120/4.5) | ||||||
| |||||||
| |||||||
| 1 | (Text of Section before amendment by P.A. 104-173) | ||||||
| 2 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
| 3 | victims. To afford crime victims their rights, law | ||||||
| 4 | enforcement, prosecutors, judges, and corrections will provide | ||||||
| 5 | information, as appropriate, of the following procedures: | ||||||
| 6 | (a) At the request of the crime victim, law enforcement | ||||||
| 7 | authorities investigating the case shall provide notice of the | ||||||
| 8 | status of the investigation, except where the State's Attorney | ||||||
| 9 | determines that disclosure of such information would | ||||||
| 10 | unreasonably interfere with the investigation, until such time | ||||||
| 11 | as the alleged assailant is apprehended or the investigation | ||||||
| 12 | is closed. | ||||||
| 13 | (a-5) When law enforcement authorities reopen a closed | ||||||
| 14 | case to resume investigating, they shall provide notice of the | ||||||
| 15 | reopening of the case, except where the State's Attorney | ||||||
| 16 | determines that disclosure of such information would | ||||||
| 17 | unreasonably interfere with the investigation. | ||||||
| 18 | (a-6) The Prisoner Review Board shall publish on its | ||||||
| 19 | official public website and provide to registered victims | ||||||
| 20 | information regarding how to submit a victim impact statement. | ||||||
| 21 | The Prisoner Review Board shall consider victim impact | ||||||
| 22 | statements from any registered victims. Any registered victim, | ||||||
| 23 | including a person who has had a final, plenary, | ||||||
| 24 | non-emergency, or emergency protective order granted against | ||||||
| 25 | the petitioner or parole candidate under Article 112A of the | ||||||
| 26 | Code of Criminal Procedure of 1963, the Illinois Domestic | ||||||
| |||||||
| |||||||
| 1 | Violence Act of 1986, the Stalking No Contact Order Act, or the | ||||||
| 2 | Civil No Contact Order Act, may present victim statements that | ||||||
| 3 | the Prisoner Review Board shall consider in its deliberations. | ||||||
| 4 | (b) The office of the State's Attorney: | ||||||
| 5 | (1) shall provide notice of the filing of an | ||||||
| 6 | information, the return of an indictment, or the filing of | ||||||
| 7 | a petition to adjudicate a minor as a delinquent for a | ||||||
| 8 | violent crime; | ||||||
| 9 | (2) shall provide timely notice of the date, time, and | ||||||
| 10 | place of court proceedings; of any change in the date, | ||||||
| 11 | time, and place of court proceedings; and of any | ||||||
| 12 | cancellation of court proceedings. Notice shall be | ||||||
| 13 | provided in sufficient time, wherever possible, for the | ||||||
| 14 | victim to make arrangements to attend or to prevent an | ||||||
| 15 | unnecessary appearance at court proceedings; | ||||||
| 16 | (3) or victim advocate personnel shall provide | ||||||
| 17 | information of social services and financial assistance | ||||||
| 18 | available for victims of crime, including information of | ||||||
| 19 | how to apply for these services and assistance; | ||||||
| 20 | (3.5) or victim advocate personnel shall provide | ||||||
| 21 | information about available victim services, including | ||||||
| 22 | referrals to programs, counselors, and agencies that | ||||||
| 23 | assist a victim to deal with trauma, loss, and grief; | ||||||
| 24 | (4) shall assist in having any stolen or other | ||||||
| 25 | personal property held by law enforcement authorities for | ||||||
| 26 | evidentiary or other purposes returned as expeditiously as | ||||||
| |||||||
| |||||||
| 1 | possible, pursuant to the procedures set out in Section | ||||||
| 2 | 115-9 of the Code of Criminal Procedure of 1963; | ||||||
| 3 | (5) or victim advocate personnel shall provide | ||||||
| 4 | appropriate employer intercession services to ensure that | ||||||
| 5 | employers of victims will cooperate with the criminal | ||||||
| 6 | justice system in order to minimize an employee's loss of | ||||||
| 7 | pay and other benefits resulting from court appearances; | ||||||
| 8 | (6) shall provide, whenever possible, a secure waiting | ||||||
| 9 | area during court proceedings that does not require | ||||||
| 10 | victims to be in close proximity to defendants or | ||||||
| 11 | juveniles accused of a violent crime, and their families | ||||||
| 12 | and friends; | ||||||
| 13 | (7) shall provide notice to the crime victim of the | ||||||
| 14 | right to have a translator present at all court | ||||||
| 15 | proceedings and, in compliance with the federal Americans | ||||||
| 16 | with Disabilities Act of 1990, the right to communications | ||||||
| 17 | access through a sign language interpreter or by other | ||||||
| 18 | means; | ||||||
| 19 | (8) (blank); | ||||||
| 20 | (8.5) shall inform the victim of the right to be | ||||||
| 21 | present at all court proceedings, unless the victim is to | ||||||
| 22 | testify and the court determines that the victim's | ||||||
| 23 | testimony would be materially affected if the victim hears | ||||||
| 24 | other testimony at trial; | ||||||
| 25 | (9) shall inform the victim of the right to have | ||||||
| 26 | present at all court proceedings, subject to the rules of | ||||||
| |||||||
| |||||||
| 1 | evidence and confidentiality, an advocate and other | ||||||
| 2 | support person of the victim's choice; | ||||||
| 3 | (9.3) shall inform the victim of the right to retain | ||||||
| 4 | an attorney, at the victim's own expense, who, upon | ||||||
| 5 | written notice filed with the clerk of the court and | ||||||
| 6 | State's Attorney, is to receive copies of all notices, | ||||||
| 7 | motions, and court orders filed thereafter in the case, in | ||||||
| 8 | the same manner as if the victim were a named party in the | ||||||
| 9 | case; | ||||||
| 10 | (9.5) shall inform the victim of (A) the victim's | ||||||
| 11 | right under Section 6 of this Act to make a statement at | ||||||
| 12 | the sentencing hearing; (B) the right of the victim's | ||||||
| 13 | spouse, guardian, parent, grandparent, and other immediate | ||||||
| 14 | family and household members under Section 6 of this Act | ||||||
| 15 | to present a statement at sentencing; and (C) if a | ||||||
| 16 | presentence report is to be prepared, the right of the | ||||||
| 17 | victim's spouse, guardian, parent, grandparent, and other | ||||||
| 18 | immediate family and household members to submit | ||||||
| 19 | information to the preparer of the presentence report | ||||||
| 20 | about the effect the offense has had on the victim and the | ||||||
| 21 | person; | ||||||
| 22 | (10) at the sentencing shall make a good faith attempt | ||||||
| 23 | to explain the minimum amount of time during which the | ||||||
| 24 | defendant may actually be physically imprisoned. The | ||||||
| 25 | Office of the State's Attorney shall further notify the | ||||||
| 26 | crime victim of the right to request from the Prisoner | ||||||
| |||||||
| |||||||
| 1 | Review Board or Department of Juvenile Justice information | ||||||
| 2 | concerning the release of the defendant; | ||||||
| 3 | (11) shall request restitution at sentencing and as | ||||||
| 4 | part of a plea agreement if the victim requests | ||||||
| 5 | restitution; | ||||||
| 6 | (12) shall, upon the court entering a verdict of not | ||||||
| 7 | guilty by reason of insanity, inform the victim of the | ||||||
| 8 | notification services available from the Department of | ||||||
| 9 | Human Services, including the statewide telephone number, | ||||||
| 10 | under subparagraph (d)(2) of this Section; | ||||||
| 11 | (13) shall provide notice within a reasonable time | ||||||
| 12 | after receipt of notice from the custodian, of the release | ||||||
| 13 | of the defendant on pretrial release or personal | ||||||
| 14 | recognizance or the release from detention of a minor who | ||||||
| 15 | has been detained; | ||||||
| 16 | (14) shall explain in nontechnical language the | ||||||
| 17 | details of any plea or verdict of a defendant, or any | ||||||
| 18 | adjudication of a juvenile as a delinquent; | ||||||
| 19 | (15) shall make all reasonable efforts to consult with | ||||||
| 20 | the crime victim before the Office of the State's Attorney | ||||||
| 21 | makes an offer of a plea bargain to the defendant or enters | ||||||
| 22 | into negotiations with the defendant concerning a possible | ||||||
| 23 | plea agreement, and shall consider the written statement, | ||||||
| 24 | if prepared prior to entering into a plea agreement. The | ||||||
| 25 | right to consult with the prosecutor does not include the | ||||||
| 26 | right to veto a plea agreement or to insist the case go to | ||||||
| |||||||
| |||||||
| 1 | trial. If the State's Attorney has not consulted with the | ||||||
| 2 | victim prior to making an offer or entering into plea | ||||||
| 3 | negotiations with the defendant, the Office of the State's | ||||||
| 4 | Attorney shall notify the victim of the offer or the | ||||||
| 5 | negotiations within 2 business days and confer with the | ||||||
| 6 | victim; | ||||||
| 7 | (16) shall provide notice of the ultimate disposition | ||||||
| 8 | of the cases arising from an indictment or an information, | ||||||
| 9 | or a petition to have a juvenile adjudicated as a | ||||||
| 10 | delinquent for a violent crime; | ||||||
| 11 | (17) shall provide notice of any appeal taken by the | ||||||
| 12 | defendant and information on how to contact the | ||||||
| 13 | appropriate agency handling the appeal, and how to request | ||||||
| 14 | notice of any hearing, oral argument, or decision of an | ||||||
| 15 | appellate court; | ||||||
| 16 | (18) shall provide timely notice of any request for | ||||||
| 17 | post-conviction review filed by the defendant under | ||||||
| 18 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
| 19 | of the date, time and place of any hearing concerning the | ||||||
| 20 | petition. Whenever possible, notice of the hearing shall | ||||||
| 21 | be given within 48 hours of the court's scheduling of the | ||||||
| 22 | hearing; | ||||||
| 23 | (19) shall forward a copy of any statement presented | ||||||
| 24 | under Section 6 to the Prisoner Review Board or Department | ||||||
| 25 | of Juvenile Justice to be considered in making a | ||||||
| 26 | determination under Section 3-2.5-85 or subsection (b) of | ||||||
| |||||||
| |||||||
| 1 | Section 3-3-8 of the Unified Code of Corrections; | ||||||
| 2 | (20) shall, within a reasonable time, offer to meet | ||||||
| 3 | with the crime victim regarding the decision of the | ||||||
| 4 | State's Attorney not to charge an offense, and shall meet | ||||||
| 5 | with the victim, if the victim agrees. The victim has a | ||||||
| 6 | right to have an attorney, advocate, and other support | ||||||
| 7 | person of the victim's choice attend this meeting with the | ||||||
| 8 | victim; and | ||||||
| 9 | (21) shall give the crime victim timely notice of any | ||||||
| 10 | decision not to pursue charges and consider the safety of | ||||||
| 11 | the victim when deciding how to give such notice. | ||||||
| 12 | (c) The court shall ensure that the rights of the victim | ||||||
| 13 | are afforded. | ||||||
| 14 | (c-5) The following procedures shall be followed to afford | ||||||
| 15 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
| 16 | Illinois Constitution: | ||||||
| 17 | (1) Written notice. A victim may complete a written | ||||||
| 18 | notice of intent to assert rights on a form prepared by the | ||||||
| 19 | Office of the Attorney General and provided to the victim | ||||||
| 20 | by the State's Attorney. The victim may at any time | ||||||
| 21 | provide a revised written notice to the State's Attorney. | ||||||
| 22 | The State's Attorney shall file the written notice with | ||||||
| 23 | the court. At the beginning of any court proceeding in | ||||||
| 24 | which the right of a victim may be at issue, the court and | ||||||
| 25 | prosecutor shall review the written notice to determine | ||||||
| 26 | whether the victim has asserted the right that may be at | ||||||
| |||||||
| |||||||
| 1 | issue. | ||||||
| 2 | (2) Victim's retained attorney. A victim's attorney | ||||||
| 3 | shall file an entry of appearance limited to assertion of | ||||||
| 4 | the victim's rights. Upon the filing of the entry of | ||||||
| 5 | appearance and service on the State's Attorney and the | ||||||
| 6 | defendant, the attorney is to receive copies of all | ||||||
| 7 | notices, motions and court orders filed thereafter in the | ||||||
| 8 | case. | ||||||
| 9 | (3) Standing. The victim has standing to assert the | ||||||
| 10 | rights enumerated in subsection (a) of Article I, Section | ||||||
| 11 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
| 12 | under Section 4 of this Act in any court exercising | ||||||
| 13 | jurisdiction over the criminal case. The prosecuting | ||||||
| 14 | attorney, a victim, or the victim's retained attorney may | ||||||
| 15 | assert the victim's rights. The defendant in the criminal | ||||||
| 16 | case has no standing to assert a right of the victim in any | ||||||
| 17 | court proceeding, including on appeal. | ||||||
| 18 | (4) Assertion of and enforcement of rights. | ||||||
| 19 | (A) The prosecuting attorney shall assert a | ||||||
| 20 | victim's right or request enforcement of a right by | ||||||
| 21 | filing a motion or by orally asserting the right or | ||||||
| 22 | requesting enforcement in open court in the criminal | ||||||
| 23 | case outside the presence of the jury. The prosecuting | ||||||
| 24 | attorney shall consult with the victim and the | ||||||
| 25 | victim's attorney regarding the assertion or | ||||||
| 26 | enforcement of a right. If the prosecuting attorney | ||||||
| |||||||
| |||||||
| 1 | decides not to assert or enforce a victim's right, the | ||||||
| 2 | prosecuting attorney shall notify the victim or the | ||||||
| 3 | victim's attorney in sufficient time to allow the | ||||||
| 4 | victim or the victim's attorney to assert the right or | ||||||
| 5 | to seek enforcement of a right. | ||||||
| 6 | (B) If the prosecuting attorney elects not to | ||||||
| 7 | assert a victim's right or to seek enforcement of a | ||||||
| 8 | right, the victim or the victim's attorney may assert | ||||||
| 9 | the victim's right or request enforcement of a right | ||||||
| 10 | by filing a motion or by orally asserting the right or | ||||||
| 11 | requesting enforcement in open court in the criminal | ||||||
| 12 | case outside the presence of the jury. | ||||||
| 13 | (C) If the prosecuting attorney asserts a victim's | ||||||
| 14 | right or seeks enforcement of a right, unless the | ||||||
| 15 | prosecuting attorney objects or the trial court does | ||||||
| 16 | not allow it, the victim or the victim's attorney may | ||||||
| 17 | be heard regarding the prosecuting attorney's motion | ||||||
| 18 | or may file a simultaneous motion to assert or request | ||||||
| 19 | enforcement of the victim's right. If the victim or | ||||||
| 20 | the victim's attorney was not allowed to be heard at | ||||||
| 21 | the hearing regarding the prosecuting attorney's | ||||||
| 22 | motion, and the court denies the prosecuting | ||||||
| 23 | attorney's assertion of the right or denies the | ||||||
| 24 | request for enforcement of a right, the victim or | ||||||
| 25 | victim's attorney may file a motion to assert the | ||||||
| 26 | victim's right or to request enforcement of the right | ||||||
| |||||||
| |||||||
| 1 | within 10 days of the court's ruling. The motion need | ||||||
| 2 | not demonstrate the grounds for a motion for | ||||||
| 3 | reconsideration. The court shall rule on the merits of | ||||||
| 4 | the motion. | ||||||
| 5 | (D) The court shall take up and decide any motion | ||||||
| 6 | or request asserting or seeking enforcement of a | ||||||
| 7 | victim's right without delay, unless a specific time | ||||||
| 8 | period is specified by law or court rule. The reasons | ||||||
| 9 | for any decision denying the motion or request shall | ||||||
| 10 | be clearly stated on the record. | ||||||
| 11 | (E) No later than January 1, 2023, the Office of | ||||||
| 12 | the Attorney General shall: | ||||||
| 13 | (i) designate an administrative authority | ||||||
| 14 | within the Office of the Attorney General to | ||||||
| 15 | receive and investigate complaints relating to the | ||||||
| 16 | provision or violation of the rights of a crime | ||||||
| 17 | victim as described in Article I, Section 8.1 of | ||||||
| 18 | the Illinois Constitution and in this Act; | ||||||
| 19 | (ii) create and administer a course of | ||||||
| 20 | training for employees and offices of the State of | ||||||
| 21 | Illinois that fail to comply with provisions of | ||||||
| 22 | Illinois law pertaining to the treatment of crime | ||||||
| 23 | victims as described in Article I, Section 8.1 of | ||||||
| 24 | the Illinois Constitution and in this Act as | ||||||
| 25 | required by the court under Section 5 of this Act; | ||||||
| 26 | and | ||||||
| |||||||
| |||||||
| 1 | (iii) have the authority to make | ||||||
| 2 | recommendations to employees and offices of the | ||||||
| 3 | State of Illinois to respond more effectively to | ||||||
| 4 | the needs of crime victims, including regarding | ||||||
| 5 | the violation of the rights of a crime victim. | ||||||
| 6 | (F) Crime victims' rights may also be asserted by | ||||||
| 7 | filing a complaint for mandamus, injunctive, or | ||||||
| 8 | declaratory relief in the jurisdiction in which the | ||||||
| 9 | victim's right is being violated or where the crime is | ||||||
| 10 | being prosecuted. For complaints or motions filed by | ||||||
| 11 | or on behalf of the victim, the clerk of court shall | ||||||
| 12 | waive filing fees that would otherwise be owed by the | ||||||
| 13 | victim for any court filing with the purpose of | ||||||
| 14 | enforcing crime victims' rights. If the court denies | ||||||
| 15 | the relief sought by the victim, the reasons for the | ||||||
| 16 | denial shall be clearly stated on the record in the | ||||||
| 17 | transcript of the proceedings, in a written opinion, | ||||||
| 18 | or in the docket entry, and the victim may appeal the | ||||||
| 19 | circuit court's decision to the appellate court. The | ||||||
| 20 | court shall issue prompt rulings regarding victims' | ||||||
| 21 | rights. Proceedings seeking to enforce victims' rights | ||||||
| 22 | shall not be stayed or subject to unreasonable delay | ||||||
| 23 | via continuances. | ||||||
| 24 | (5) Violation of rights and remedies. | ||||||
| 25 | (A) If the court determines that a victim's right | ||||||
| 26 | has been violated, the court shall determine the | ||||||
| |||||||
| |||||||
| 1 | appropriate remedy for the violation of the victim's | ||||||
| 2 | right by hearing from the victim and the parties, | ||||||
| 3 | considering all factors relevant to the issue, and | ||||||
| 4 | then awarding appropriate relief to the victim. | ||||||
| 5 | (A-5) Consideration of an issue of a substantive | ||||||
| 6 | nature or an issue that implicates the constitutional | ||||||
| 7 | or statutory right of a victim at a court proceeding | ||||||
| 8 | labeled as a status hearing shall constitute a per se | ||||||
| 9 | violation of a victim's right. | ||||||
| 10 | (B) The appropriate remedy shall include only | ||||||
| 11 | actions necessary to provide the victim the right to | ||||||
| 12 | which the victim was entitled. Remedies may include, | ||||||
| 13 | but are not limited to: injunctive relief requiring | ||||||
| 14 | the victim's right to be afforded; declaratory | ||||||
| 15 | judgment recognizing or clarifying the victim's | ||||||
| 16 | rights; a writ of mandamus; and may include reopening | ||||||
| 17 | previously held proceedings; however, in no event | ||||||
| 18 | shall the court vacate a conviction. Any remedy shall | ||||||
| 19 | be tailored to provide the victim an appropriate | ||||||
| 20 | remedy without violating any constitutional right of | ||||||
| 21 | the defendant. In no event shall the appropriate | ||||||
| 22 | remedy to the victim be a new trial or damages. | ||||||
| 23 | The court shall impose a mandatory training course | ||||||
| 24 | provided by the Attorney General for the employee under | ||||||
| 25 | item (ii) of subparagraph (E) of paragraph (4), which must | ||||||
| 26 | be successfully completed within 6 months of the entry of | ||||||
| |||||||
| |||||||
| 1 | the court order. | ||||||
| 2 | This paragraph (5) takes effect January 2, 2023. | ||||||
| 3 | (6) Right to be heard. Whenever a victim has the right | ||||||
| 4 | to be heard, the court shall allow the victim to exercise | ||||||
| 5 | the right in any reasonable manner the victim chooses. | ||||||
| 6 | (7) Right to attend trial. A party must file a written | ||||||
| 7 | motion to exclude a victim from trial at least 60 days | ||||||
| 8 | prior to the date set for trial. The motion must state with | ||||||
| 9 | specificity the reason exclusion is necessary to protect a | ||||||
| 10 | constitutional right of the party, and must contain an | ||||||
| 11 | offer of proof. The court shall rule on the motion within | ||||||
| 12 | 30 days. If the motion is granted, the court shall set | ||||||
| 13 | forth on the record the facts that support its finding | ||||||
| 14 | that the victim's testimony will be materially affected if | ||||||
| 15 | the victim hears other testimony at trial. | ||||||
| 16 | (8) Right to have advocate and support person present | ||||||
| 17 | at court proceedings. | ||||||
| 18 | (A) A party who intends to call an advocate as a | ||||||
| 19 | witness at trial must seek permission of the court | ||||||
| 20 | before the subpoena is issued. The party must file a | ||||||
| 21 | written motion at least 90 days before trial that sets | ||||||
| 22 | forth specifically the issues on which the advocate's | ||||||
| 23 | testimony is sought and an offer of proof regarding | ||||||
| 24 | (i) the content of the anticipated testimony of the | ||||||
| 25 | advocate; and (ii) the relevance, admissibility, and | ||||||
| 26 | materiality of the anticipated testimony. The court | ||||||
| |||||||
| |||||||
| 1 | shall consider the motion and make findings within 30 | ||||||
| 2 | days of the filing of the motion. If the court finds by | ||||||
| 3 | a preponderance of the evidence that: (i) the | ||||||
| 4 | anticipated testimony is not protected by an absolute | ||||||
| 5 | privilege; and (ii) the anticipated testimony contains | ||||||
| 6 | relevant, admissible, and material evidence that is | ||||||
| 7 | not available through other witnesses or evidence, the | ||||||
| 8 | court shall issue a subpoena requiring the advocate to | ||||||
| 9 | appear to testify at an in camera hearing. The | ||||||
| 10 | prosecuting attorney and the victim shall have 15 days | ||||||
| 11 | to seek appellate review before the advocate is | ||||||
| 12 | required to testify at an ex parte in camera | ||||||
| 13 | proceeding. | ||||||
| 14 | The prosecuting attorney, the victim, and the | ||||||
| 15 | advocate's attorney shall be allowed to be present at | ||||||
| 16 | the ex parte in camera proceeding. If, after | ||||||
| 17 | conducting the ex parte in camera hearing, the court | ||||||
| 18 | determines that due process requires any testimony | ||||||
| 19 | regarding confidential or privileged information or | ||||||
| 20 | communications, the court shall provide to the | ||||||
| 21 | prosecuting attorney, the victim, and the advocate's | ||||||
| 22 | attorney a written memorandum on the substance of the | ||||||
| 23 | advocate's testimony. The prosecuting attorney, the | ||||||
| 24 | victim, and the advocate's attorney shall have 15 days | ||||||
| 25 | to seek appellate review before a subpoena may be | ||||||
| 26 | issued for the advocate to testify at trial. The | ||||||
| |||||||
| |||||||
| 1 | presence of the prosecuting attorney at the ex parte | ||||||
| 2 | in camera proceeding does not make the substance of | ||||||
| 3 | the advocate's testimony that the court has ruled | ||||||
| 4 | inadmissible subject to discovery. | ||||||
| 5 | (B) If a victim has asserted the right to have a | ||||||
| 6 | support person present at the court proceedings, the | ||||||
| 7 | victim shall provide the name of the person the victim | ||||||
| 8 | has chosen to be the victim's support person to the | ||||||
| 9 | prosecuting attorney, within 60 days of trial. The | ||||||
| 10 | prosecuting attorney shall provide the name to the | ||||||
| 11 | defendant. If the defendant intends to call the | ||||||
| 12 | support person as a witness at trial, the defendant | ||||||
| 13 | must seek permission of the court before a subpoena is | ||||||
| 14 | issued. The defendant must file a written motion at | ||||||
| 15 | least 45 days prior to trial that sets forth | ||||||
| 16 | specifically the issues on which the support person | ||||||
| 17 | will testify and an offer of proof regarding: (i) the | ||||||
| 18 | content of the anticipated testimony of the support | ||||||
| 19 | person; and (ii) the relevance, admissibility, and | ||||||
| 20 | materiality of the anticipated testimony. | ||||||
| 21 | If the prosecuting attorney intends to call the | ||||||
| 22 | support person as a witness during the State's | ||||||
| 23 | case-in-chief, the prosecuting attorney shall inform | ||||||
| 24 | the court of this intent in the response to the | ||||||
| 25 | defendant's written motion. The victim may choose a | ||||||
| 26 | different person to be the victim's support person. | ||||||
| |||||||
| |||||||
| 1 | The court may allow the defendant to inquire about | ||||||
| 2 | matters outside the scope of the direct examination | ||||||
| 3 | during cross-examination. If the court allows the | ||||||
| 4 | defendant to do so, the support person shall be | ||||||
| 5 | allowed to remain in the courtroom after the support | ||||||
| 6 | person has testified. A defendant who fails to | ||||||
| 7 | question the support person about matters outside the | ||||||
| 8 | scope of direct examination during the State's | ||||||
| 9 | case-in-chief waives the right to challenge the | ||||||
| 10 | presence of the support person on appeal. The court | ||||||
| 11 | shall allow the support person to testify if called as | ||||||
| 12 | a witness in the defendant's case-in-chief or the | ||||||
| 13 | State's rebuttal. | ||||||
| 14 | If the court does not allow the defendant to | ||||||
| 15 | inquire about matters outside the scope of the direct | ||||||
| 16 | examination, the support person shall be allowed to | ||||||
| 17 | remain in the courtroom after the support person has | ||||||
| 18 | been called by the defendant or the defendant has | ||||||
| 19 | rested. The court shall allow the support person to | ||||||
| 20 | testify in the State's rebuttal. | ||||||
| 21 | If the prosecuting attorney does not intend to | ||||||
| 22 | call the support person in the State's case-in-chief, | ||||||
| 23 | the court shall verify with the support person whether | ||||||
| 24 | the support person, if called as a witness, would | ||||||
| 25 | testify as set forth in the offer of proof. If the | ||||||
| 26 | court finds that the support person would testify as | ||||||
| |||||||
| |||||||
| 1 | set forth in the offer of proof, the court shall rule | ||||||
| 2 | on the relevance, materiality, and admissibility of | ||||||
| 3 | the anticipated testimony. If the court rules the | ||||||
| 4 | anticipated testimony is admissible, the court shall | ||||||
| 5 | issue the subpoena. The support person may remain in | ||||||
| 6 | the courtroom after the support person testifies and | ||||||
| 7 | shall be allowed to testify in rebuttal. | ||||||
| 8 | If the court excludes the victim's support person | ||||||
| 9 | during the State's case-in-chief, the victim shall be | ||||||
| 10 | allowed to choose another support person to be present | ||||||
| 11 | in court. | ||||||
| 12 | If the victim fails to designate a support person | ||||||
| 13 | within 60 days of trial and the defendant has | ||||||
| 14 | subpoenaed the support person to testify at trial, the | ||||||
| 15 | court may exclude the support person from the trial | ||||||
| 16 | until the support person testifies. If the court | ||||||
| 17 | excludes the support person the victim may choose | ||||||
| 18 | another person as a support person. | ||||||
| 19 | (9) Right to notice and hearing before disclosure of | ||||||
| 20 | confidential or privileged information or records. | ||||||
| 21 | (A) A defendant who seeks to subpoena testimony or | ||||||
| 22 | records of or concerning the victim that are | ||||||
| 23 | confidential or privileged by law must seek permission | ||||||
| 24 | of the court before the subpoena is issued. The | ||||||
| 25 | defendant must file a written motion and an offer of | ||||||
| 26 | proof regarding the relevance, admissibility and | ||||||
| |||||||
| |||||||
| 1 | materiality of the testimony or records. If the court | ||||||
| 2 | finds by a preponderance of the evidence that: | ||||||
| 3 | (i) the testimony or records are not protected | ||||||
| 4 | by an absolute privilege and | ||||||
| 5 | (ii) the testimony or records contain | ||||||
| 6 | relevant, admissible, and material evidence that | ||||||
| 7 | is not available through other witnesses or | ||||||
| 8 | evidence, the court shall issue a subpoena | ||||||
| 9 | requiring the witness to appear in camera or a | ||||||
| 10 | sealed copy of the records be delivered to the | ||||||
| 11 | court to be reviewed in camera. If, after | ||||||
| 12 | conducting an in camera review of the witness | ||||||
| 13 | statement or records, the court determines that | ||||||
| 14 | due process requires disclosure of any potential | ||||||
| 15 | testimony or any portion of the records, the court | ||||||
| 16 | shall provide copies of the records that it | ||||||
| 17 | intends to disclose to the prosecuting attorney | ||||||
| 18 | and the victim. The prosecuting attorney and the | ||||||
| 19 | victim shall have 30 days to seek appellate review | ||||||
| 20 | before the records are disclosed to the defendant, | ||||||
| 21 | used in any court proceeding, or disclosed to | ||||||
| 22 | anyone or in any way that would subject the | ||||||
| 23 | testimony or records to public review. The | ||||||
| 24 | disclosure of copies of any portion of the | ||||||
| 25 | testimony or records to the prosecuting attorney | ||||||
| 26 | under this Section does not make the records | ||||||
| |||||||
| |||||||
| 1 | subject to discovery or required to be provided to | ||||||
| 2 | the defendant. | ||||||
| 3 | (B) A prosecuting attorney who seeks to subpoena | ||||||
| 4 | information or records concerning the victim that are | ||||||
| 5 | confidential or privileged by law must first request | ||||||
| 6 | the written consent of the crime victim. If the victim | ||||||
| 7 | does not provide such written consent, including where | ||||||
| 8 | necessary the appropriate signed document required for | ||||||
| 9 | waiving privilege, the prosecuting attorney must serve | ||||||
| 10 | the subpoena at least 21 days prior to the date a | ||||||
| 11 | response or appearance is required to allow the | ||||||
| 12 | subject of the subpoena time to file a motion to quash | ||||||
| 13 | or request a hearing. The prosecuting attorney must | ||||||
| 14 | also send a written notice to the victim at least 21 | ||||||
| 15 | days prior to the response date to allow the victim to | ||||||
| 16 | file a motion or request a hearing. The notice to the | ||||||
| 17 | victim shall inform the victim (i) that a subpoena has | ||||||
| 18 | been issued for confidential information or records | ||||||
| 19 | concerning the victim, (ii) that the victim has the | ||||||
| 20 | right to request a hearing prior to the response date | ||||||
| 21 | of the subpoena, and (iii) how to request the hearing. | ||||||
| 22 | The notice to the victim shall also include a copy of | ||||||
| 23 | the subpoena. If requested, a hearing regarding the | ||||||
| 24 | subpoena shall occur before information or records are | ||||||
| 25 | provided to the prosecuting attorney. | ||||||
| 26 | (10) Right to notice of court proceedings. If the | ||||||
| |||||||
| |||||||
| 1 | victim is not present at a court proceeding in which a | ||||||
| 2 | right of the victim is at issue, the court shall ask the | ||||||
| 3 | prosecuting attorney whether the victim was notified of | ||||||
| 4 | the time, place, and purpose of the court proceeding and | ||||||
| 5 | that the victim had a right to be heard at the court | ||||||
| 6 | proceeding. If the court determines that timely notice was | ||||||
| 7 | not given or that the victim was not adequately informed | ||||||
| 8 | of the nature of the court proceeding, the court shall not | ||||||
| 9 | rule on any substantive issues, accept a plea, or impose a | ||||||
| 10 | sentence and shall continue the hearing for the time | ||||||
| 11 | necessary to notify the victim of the time, place and | ||||||
| 12 | nature of the court proceeding. The time between court | ||||||
| 13 | proceedings shall not be attributable to the State under | ||||||
| 14 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
| 15 | (11) Right to timely disposition of the case. A victim | ||||||
| 16 | has the right to timely disposition of the case so as to | ||||||
| 17 | minimize the stress, cost, and inconvenience resulting | ||||||
| 18 | from the victim's involvement in the case. Before ruling | ||||||
| 19 | on a motion to continue trial or other court proceeding, | ||||||
| 20 | the court shall inquire into the circumstances for the | ||||||
| 21 | request for the delay and, if the victim has provided | ||||||
| 22 | written notice of the assertion of the right to a timely | ||||||
| 23 | disposition, and whether the victim objects to the delay. | ||||||
| 24 | If the victim objects, the prosecutor shall inform the | ||||||
| 25 | court of the victim's objections. If the prosecutor has | ||||||
| 26 | not conferred with the victim about the continuance, the | ||||||
| |||||||
| |||||||
| 1 | prosecutor shall inform the court of the attempts to | ||||||
| 2 | confer. If the court finds the attempts of the prosecutor | ||||||
| 3 | to confer with the victim were inadequate to protect the | ||||||
| 4 | victim's right to be heard, the court shall give the | ||||||
| 5 | prosecutor at least 3 but not more than 5 business days to | ||||||
| 6 | confer with the victim. In ruling on a motion to continue, | ||||||
| 7 | the court shall consider the reasons for the requested | ||||||
| 8 | continuance, the number and length of continuances that | ||||||
| 9 | have been granted, the victim's objections and procedures | ||||||
| 10 | to avoid further delays. If a continuance is granted over | ||||||
| 11 | the victim's objection, the court shall specify on the | ||||||
| 12 | record the reasons for the continuance and the procedures | ||||||
| 13 | that have been or will be taken to avoid further delays. | ||||||
| 14 | (12) Right to Restitution. | ||||||
| 15 | (A) If the victim has asserted the right to | ||||||
| 16 | restitution and the amount of restitution is known at | ||||||
| 17 | the time of sentencing, the court shall enter the | ||||||
| 18 | judgment of restitution at the time of sentencing. | ||||||
| 19 | (B) If the victim has asserted the right to | ||||||
| 20 | restitution and the amount of restitution is not known | ||||||
| 21 | at the time of sentencing, the prosecutor shall, | ||||||
| 22 | within 5 days after sentencing, notify the victim what | ||||||
| 23 | information and documentation related to restitution | ||||||
| 24 | is needed and that the information and documentation | ||||||
| 25 | must be provided to the prosecutor within 45 days | ||||||
| 26 | after sentencing. Failure to timely provide | ||||||
| |||||||
| |||||||
| 1 | information and documentation related to restitution | ||||||
| 2 | shall be deemed a waiver of the right to restitution. | ||||||
| 3 | The prosecutor shall file and serve within 60 days | ||||||
| 4 | after sentencing a proposed judgment for restitution | ||||||
| 5 | and a notice that includes information concerning the | ||||||
| 6 | identity of any victims or other persons seeking | ||||||
| 7 | restitution, whether any victim or other person | ||||||
| 8 | expressly declines restitution, the nature and amount | ||||||
| 9 | of any damages together with any supporting | ||||||
| 10 | documentation, a restitution amount recommendation, | ||||||
| 11 | and the names of any co-defendants and their case | ||||||
| 12 | numbers. Within 30 days after receipt of the proposed | ||||||
| 13 | judgment for restitution, the defendant shall file any | ||||||
| 14 | objection to the proposed judgment, a statement of | ||||||
| 15 | grounds for the objection, and a financial statement. | ||||||
| 16 | If the defendant does not file an objection, the court | ||||||
| 17 | may enter the judgment for restitution without further | ||||||
| 18 | proceedings. If the defendant files an objection and | ||||||
| 19 | either party requests a hearing, the court shall | ||||||
| 20 | schedule a hearing. | ||||||
| 21 | (13) Access to presentence reports. | ||||||
| 22 | (A) The victim may request a copy of the | ||||||
| 23 | presentence report prepared under the Unified Code of | ||||||
| 24 | Corrections from the State's Attorney. The State's | ||||||
| 25 | Attorney shall redact the following information before | ||||||
| 26 | providing a copy of the report: | ||||||
| |||||||
| |||||||
| 1 | (i) the defendant's mental history and | ||||||
| 2 | condition; | ||||||
| 3 | (ii) any evaluation prepared under subsection | ||||||
| 4 | (b) or (b-5) of Section 5-3-2; and | ||||||
| 5 | (iii) the name, address, phone number, and | ||||||
| 6 | other personal information about any other victim. | ||||||
| 7 | (B) The State's Attorney or the defendant may | ||||||
| 8 | request the court redact other information in the | ||||||
| 9 | report that may endanger the safety of any person. | ||||||
| 10 | (C) The State's Attorney may orally disclose to | ||||||
| 11 | the victim any of the information that has been | ||||||
| 12 | redacted if there is a reasonable likelihood that the | ||||||
| 13 | information will be stated in court at the sentencing. | ||||||
| 14 | (D) The State's Attorney must advise the victim | ||||||
| 15 | that the victim must maintain the confidentiality of | ||||||
| 16 | the report and other information. Any dissemination of | ||||||
| 17 | the report or information that was not stated at a | ||||||
| 18 | court proceeding constitutes indirect criminal | ||||||
| 19 | contempt of court. | ||||||
| 20 | (14) Appellate relief. If the trial court denies the | ||||||
| 21 | relief requested, the victim, the victim's attorney, or | ||||||
| 22 | the prosecuting attorney may file an appeal within 30 days | ||||||
| 23 | of the trial court's ruling. The trial or appellate court | ||||||
| 24 | may stay the court proceedings if the court finds that a | ||||||
| 25 | stay would not violate a constitutional right of the | ||||||
| 26 | defendant. If the appellate court denies the relief | ||||||
| |||||||
| |||||||
| 1 | sought, the reasons for the denial shall be clearly stated | ||||||
| 2 | in a written opinion. In any appeal in a criminal case, the | ||||||
| 3 | State may assert as error the court's denial of any crime | ||||||
| 4 | victim's right in the proceeding to which the appeal | ||||||
| 5 | relates. | ||||||
| 6 | (15) Limitation on appellate relief. In no case shall | ||||||
| 7 | an appellate court provide a new trial to remedy the | ||||||
| 8 | violation of a victim's right. | ||||||
| 9 | (16) The right to be reasonably protected from the | ||||||
| 10 | accused throughout the criminal justice process and the | ||||||
| 11 | right to have the safety of the victim and the victim's | ||||||
| 12 | family considered in denying or fixing the amount of bail, | ||||||
| 13 | determining whether to release the defendant, and setting | ||||||
| 14 | conditions of release after arrest and conviction. A | ||||||
| 15 | victim of domestic violence, a sexual offense, or stalking | ||||||
| 16 | may request the entry of a protective order under Article | ||||||
| 17 | 112A of the Code of Criminal Procedure of 1963. | ||||||
| 18 | (d) Procedures after the imposition of sentence. | ||||||
| 19 | (1) The Prisoner Review Board shall inform a victim or | ||||||
| 20 | any other concerned citizen, upon written request, of the | ||||||
| 21 | prisoner's release on parole, mandatory supervised | ||||||
| 22 | release, electronic detention, work release, international | ||||||
| 23 | transfer or exchange, or by the custodian, other than the | ||||||
| 24 | Department of Juvenile Justice, of the discharge of any | ||||||
| 25 | individual who was adjudicated a delinquent for a crime | ||||||
| 26 | from State custody and by the sheriff of the appropriate | ||||||
| |||||||
| |||||||
| 1 | county of any such person's final discharge from county | ||||||
| 2 | custody. The Prisoner Review Board, upon written request, | ||||||
| 3 | shall provide to a victim or any other concerned citizen a | ||||||
| 4 | recent photograph of any person convicted of a felony, | ||||||
| 5 | upon his or her release from custody. The Prisoner Review | ||||||
| 6 | Board, upon written request, shall inform a victim or any | ||||||
| 7 | other concerned citizen when feasible at least 7 days | ||||||
| 8 | prior to the prisoner's release on furlough of the times | ||||||
| 9 | and dates of such furlough. Upon written request by the | ||||||
| 10 | victim or any other concerned citizen, the State's | ||||||
| 11 | Attorney shall notify the person once of the times and | ||||||
| 12 | dates of release of a prisoner sentenced to periodic | ||||||
| 13 | imprisonment. Notification shall be based on the most | ||||||
| 14 | recent information as to the victim's or other concerned | ||||||
| 15 | citizen's residence or other location available to the | ||||||
| 16 | notifying authority. | ||||||
| 17 | (1.5) The Prisoner Review Board shall notify a victim | ||||||
| 18 | of a prisoner's pardon, commutation of sentence, release | ||||||
| 19 | on furlough, or early release from State custody, if the | ||||||
| 20 | victim has previously requested that notification. The | ||||||
| 21 | notification shall be based upon the most recent | ||||||
| 22 | information available to the Board as to the victim's | ||||||
| 23 | residence or other location. The notification requirement | ||||||
| 24 | under this paragraph (1.5) is in addition to any | ||||||
| 25 | notification requirements under any other statewide victim | ||||||
| 26 | notification systems. The Board shall document its efforts | ||||||
| |||||||
| |||||||
| 1 | to provide the required notification if a victim alleges | ||||||
| 2 | lack of notification under this paragraph (1.5). | ||||||
| 3 | (2) When the defendant has been committed to the | ||||||
| 4 | Department of Human Services pursuant to Section 5-2-4 or | ||||||
| 5 | any other provision of the Unified Code of Corrections, | ||||||
| 6 | the victim may request to be notified by the releasing | ||||||
| 7 | authority of the approval by the court of an on-grounds | ||||||
| 8 | pass, a supervised off-grounds pass, an unsupervised | ||||||
| 9 | off-grounds pass, or conditional release; the release on | ||||||
| 10 | an off-grounds pass; the return from an off-grounds pass; | ||||||
| 11 | transfer to another facility; conditional release; escape; | ||||||
| 12 | death; or final discharge from State custody. The | ||||||
| 13 | Department of Human Services shall establish and maintain | ||||||
| 14 | a statewide telephone number to be used by victims to make | ||||||
| 15 | notification requests under these provisions and shall | ||||||
| 16 | publicize this telephone number on its website and to the | ||||||
| 17 | State's Attorney of each county. | ||||||
| 18 | (3) In the event of an escape from State custody, the | ||||||
| 19 | Department of Corrections or the Department of Juvenile | ||||||
| 20 | Justice immediately shall notify the Prisoner Review Board | ||||||
| 21 | of the escape and the Prisoner Review Board shall notify | ||||||
| 22 | the victim. The notification shall be based upon the most | ||||||
| 23 | recent information as to the victim's residence or other | ||||||
| 24 | location available to the Board. When no such information | ||||||
| 25 | is available, the Board shall make all reasonable efforts | ||||||
| 26 | to obtain the information and make the notification. When | ||||||
| |||||||
| |||||||
| 1 | the escapee is apprehended, the Department of Corrections | ||||||
| 2 | or the Department of Juvenile Justice immediately shall | ||||||
| 3 | notify the Prisoner Review Board and the Board shall | ||||||
| 4 | notify the victim. The notification requirement under this | ||||||
| 5 | paragraph (3) is in addition to any notification | ||||||
| 6 | requirements under any other statewide victim notification | ||||||
| 7 | systems. The Board shall document its efforts to provide | ||||||
| 8 | the required notification if a victim alleges lack of | ||||||
| 9 | notification under this paragraph (3). | ||||||
| 10 | (4) The victim of the crime for which the prisoner has | ||||||
| 11 | been sentenced has the right to register with the Prisoner | ||||||
| 12 | Review Board's victim registry. Victims registered with | ||||||
| 13 | the Board shall receive reasonable written notice not less | ||||||
| 14 | than 30 days prior to the parole hearing or target | ||||||
| 15 | aftercare release date. The victim has the right to submit | ||||||
| 16 | a victim statement for consideration by the Prisoner | ||||||
| 17 | Review Board or the Department of Juvenile Justice in | ||||||
| 18 | writing, on film, videotape, or other electronic means, or | ||||||
| 19 | in the form of a recording prior to the parole hearing or | ||||||
| 20 | target aftercare release date, or in person at the parole | ||||||
| 21 | hearing or aftercare release protest hearing, or by | ||||||
| 22 | calling the toll-free number established in subsection (f) | ||||||
| 23 | of this Section. The victim shall be notified within 7 | ||||||
| 24 | days after the prisoner has been granted parole or | ||||||
| 25 | aftercare release and shall be informed of the right to | ||||||
| 26 | inspect the registry of parole decisions, established | ||||||
| |||||||
| |||||||
| 1 | under subsection (g) of Section 3-3-5 of the Unified Code | ||||||
| 2 | of Corrections. The provisions of this paragraph (4) are | ||||||
| 3 | subject to the Open Parole Hearings Act. Victim statements | ||||||
| 4 | provided to the Board shall be confidential and | ||||||
| 5 | privileged, including any statements received prior to | ||||||
| 6 | January 1, 2020 (the effective date of Public Act | ||||||
| 7 | 101-288), except if the statement was an oral statement | ||||||
| 8 | made by the victim at a hearing open to the public. | ||||||
| 9 | (4-1) The crime victim, including any person who has | ||||||
| 10 | had a final, plenary, non-emergency, or emergency | ||||||
| 11 | protective order granted against the petitioner or parole | ||||||
| 12 | candidate under Article 112A of the Code of Criminal | ||||||
| 13 | Procedure of 1963, the Illinois Domestic Violence Act of | ||||||
| 14 | 1986, the Stalking No Contact Order Act, or the Civil No | ||||||
| 15 | Contact Order Act, has the right to submit a victim | ||||||
| 16 | statement, in support or opposition, for consideration by | ||||||
| 17 | the Prisoner Review Board or the Department of Juvenile | ||||||
| 18 | Justice prior to or at a hearing to determine the | ||||||
| 19 | conditions of mandatory supervised release of a person | ||||||
| 20 | sentenced to a determinate sentence or at a hearing on | ||||||
| 21 | revocation of mandatory supervised release of a person | ||||||
| 22 | sentenced to a determinate sentence. A victim statement | ||||||
| 23 | may be submitted in writing, on film, videotape, or other | ||||||
| 24 | electronic means, or in the form of a recording, or orally | ||||||
| 25 | at a hearing, or by calling the toll-free number | ||||||
| 26 | established in subsection (f) of this Section. Victim | ||||||
| |||||||
| |||||||
| 1 | statements provided to the Board shall be confidential and | ||||||
| 2 | privileged, including any statements received prior to | ||||||
| 3 | January 1, 2020 (the effective date of Public Act | ||||||
| 4 | 101-288), except if the statement was an oral statement | ||||||
| 5 | made by the victim at a hearing open to the public. | ||||||
| 6 | (4-2) The crime victim, including any person who has | ||||||
| 7 | had a final, plenary, non-emergency, or emergency | ||||||
| 8 | protective order granted against the petitioner or parole | ||||||
| 9 | candidate under Article 112A of the Code of Criminal | ||||||
| 10 | Procedure of 1963, the Illinois Domestic Violence Act of | ||||||
| 11 | 1986, the Stalking No Contact Order Act, or the Civil No | ||||||
| 12 | Contact Order Act, has the right to submit a victim | ||||||
| 13 | statement, in support or opposition, to the Prisoner | ||||||
| 14 | Review Board for consideration at an executive clemency | ||||||
| 15 | hearing as provided in Section 3-3-13 of the Unified Code | ||||||
| 16 | of Corrections. A victim statement may be submitted in | ||||||
| 17 | writing, on film, videotape, or other electronic means, or | ||||||
| 18 | in the form of a recording prior to a hearing, or orally at | ||||||
| 19 | a hearing, or by calling the toll-free number established | ||||||
| 20 | in subsection (f) of this Section. Victim statements | ||||||
| 21 | provided to the Board shall be confidential and | ||||||
| 22 | privileged, including any statements received prior to | ||||||
| 23 | January 1, 2020 (the effective date of Public Act | ||||||
| 24 | 101-288), except if the statement was an oral statement | ||||||
| 25 | made by the victim at a hearing open to the public. | ||||||
| 26 | (5) If a statement is presented under Section 6, the | ||||||
| |||||||
| |||||||
| 1 | Prisoner Review Board or Department of Juvenile Justice | ||||||
| 2 | shall inform the victim of any order of discharge pursuant | ||||||
| 3 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
| 4 | Corrections. | ||||||
| 5 | (6) At the written or oral request of the victim of the | ||||||
| 6 | crime for which the prisoner was sentenced or the State's | ||||||
| 7 | Attorney of the county where the person seeking parole or | ||||||
| 8 | aftercare release was prosecuted, the Prisoner Review | ||||||
| 9 | Board or Department of Juvenile Justice shall notify the | ||||||
| 10 | victim and the State's Attorney of the county where the | ||||||
| 11 | person seeking parole or aftercare release was prosecuted | ||||||
| 12 | of the death of the prisoner if the prisoner died while on | ||||||
| 13 | parole or aftercare release or mandatory supervised | ||||||
| 14 | release. | ||||||
| 15 | (7) When a defendant who has been committed to the | ||||||
| 16 | Department of Corrections, the Department of Juvenile | ||||||
| 17 | Justice, or the Department of Human Services is released | ||||||
| 18 | or discharged and subsequently committed to the Department | ||||||
| 19 | of Human Services as a sexually violent person and the | ||||||
| 20 | victim had requested to be notified by the releasing | ||||||
| 21 | authority of the defendant's discharge, conditional | ||||||
| 22 | release, death, or escape from State custody, the | ||||||
| 23 | releasing authority shall provide to the Department of | ||||||
| 24 | Human Services such information that would allow the | ||||||
| 25 | Department of Human Services to contact the victim. | ||||||
| 26 | (8) When a defendant has been convicted of a sex | ||||||
| |||||||
| |||||||
| 1 | offense as defined in Section 2 of the Sex Offender | ||||||
| 2 | Registration Act and has been sentenced to the Department | ||||||
| 3 | of Corrections or the Department of Juvenile Justice, the | ||||||
| 4 | Prisoner Review Board or the Department of Juvenile | ||||||
| 5 | Justice shall notify the victim of the sex offense of the | ||||||
| 6 | prisoner's eligibility for release on parole, aftercare | ||||||
| 7 | release, mandatory supervised release, electronic | ||||||
| 8 | detention, work release, international transfer or | ||||||
| 9 | exchange, or by the custodian of the discharge of any | ||||||
| 10 | individual who was adjudicated a delinquent for a sex | ||||||
| 11 | offense from State custody and by the sheriff of the | ||||||
| 12 | appropriate county of any such person's final discharge | ||||||
| 13 | from county custody. The notification shall be made to the | ||||||
| 14 | victim at least 30 days, whenever possible, before release | ||||||
| 15 | of the sex offender. | ||||||
| 16 | (e) The officials named in this Section may satisfy some | ||||||
| 17 | or all of their obligations to provide notices and other | ||||||
| 18 | information through participation in a statewide victim and | ||||||
| 19 | witness notification system established by the Attorney | ||||||
| 20 | General under Section 8.5 of this Act. | ||||||
| 21 | (f) The Prisoner Review Board shall establish a toll-free | ||||||
| 22 | number that may be accessed by the crime victim to present a | ||||||
| 23 | victim statement to the Board in accordance with paragraphs | ||||||
| 24 | (4), (4-1), and (4-2) of subsection (d). The Prisoner Review | ||||||
| 25 | Board shall provide registered and identified victims with the | ||||||
| 26 | contact information for the State victim assistance hotline as | ||||||
| |||||||
| |||||||
| 1 | part of its process to obtain a victim witness statement and as | ||||||
| 2 | part of its notification. | ||||||
| 3 | (g) The Prisoner Review Board shall publish on its | ||||||
| 4 | official website, and provide to registered victims, | ||||||
| 5 | procedural information on how to submit victim statements. | ||||||
| 6 | (Source: P.A. 104-11, eff. 6-20-25.) | ||||||
| 7 | (Text of Section after amendment by P.A. 104-173) | ||||||
| 8 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
| 9 | victims. To afford crime victims their rights, law | ||||||
| 10 | enforcement, prosecutors, judges, and corrections will provide | ||||||
| 11 | information, as appropriate, of the following procedures: | ||||||
| 12 | (a) At the request of the crime victim, law enforcement | ||||||
| 13 | authorities investigating the case shall provide notice of the | ||||||
| 14 | status of the investigation, except where the State's Attorney | ||||||
| 15 | determines that disclosure of such information would | ||||||
| 16 | unreasonably interfere with the investigation, until such time | ||||||
| 17 | as the alleged assailant is apprehended or the investigation | ||||||
| 18 | is closed. | ||||||
| 19 | (a-5) When law enforcement authorities reopen a closed | ||||||
| 20 | case to resume investigating, they shall provide notice of the | ||||||
| 21 | reopening of the case, except where the State's Attorney | ||||||
| 22 | determines that disclosure of such information would | ||||||
| 23 | unreasonably interfere with the investigation. | ||||||
| 24 | (a-6) The Prisoner Review Board shall publish on its | ||||||
| 25 | official public website and provide to registered victims | ||||||
| |||||||
| |||||||
| 1 | information regarding how to submit a victim impact statement. | ||||||
| 2 | The Prisoner Review Board shall consider victim impact | ||||||
| 3 | statements from any registered victims. Any registered victim, | ||||||
| 4 | including a person who has had a final, plenary, | ||||||
| 5 | non-emergency, or emergency protective order granted against | ||||||
| 6 | the petitioner or parole candidate under Article 112A of the | ||||||
| 7 | Code of Criminal Procedure of 1963, the Illinois Domestic | ||||||
| 8 | Violence Act of 1986, the Stalking No Contact Order Act, or the | ||||||
| 9 | Civil No Contact Order Act, may present victim statements that | ||||||
| 10 | the Prisoner Review Board shall consider in its deliberations. | ||||||
| 11 | (b) The office of the State's Attorney: | ||||||
| 12 | (1) shall provide notice of the filing of an | ||||||
| 13 | information, the return of an indictment, or the filing of | ||||||
| 14 | a petition to adjudicate a minor as a delinquent for a | ||||||
| 15 | violent crime; | ||||||
| 16 | (2) shall provide 7 days' notice of the date, time, | ||||||
| 17 | and place of court proceedings; of any change in the date, | ||||||
| 18 | time, and place of court proceedings; and of any | ||||||
| 19 | cancellation of court proceedings. For preliminary | ||||||
| 20 | hearings and hearings regarding pretrial release or that | ||||||
| 21 | alter the conditions of pretrial release only, if giving | ||||||
| 22 | the victim 7 days' notice is impossible, fewer days may be | ||||||
| 23 | timely, so long as the notice is provided as soon as | ||||||
| 24 | practicable and in advance of the proceeding. Notice shall | ||||||
| 25 | be provided in sufficient time, wherever possible, for the | ||||||
| 26 | victim to make arrangements to attend or to prevent an | ||||||
| |||||||
| |||||||
| 1 | unnecessary appearance at court proceedings; | ||||||
| 2 | (3) or victim advocate personnel shall provide | ||||||
| 3 | information of social services and financial assistance | ||||||
| 4 | available for victims of crime, including information of | ||||||
| 5 | how to apply for these services and assistance; | ||||||
| 6 | (3.5) or victim advocate personnel shall provide | ||||||
| 7 | information about available victim services, including | ||||||
| 8 | referrals to programs, counselors, and agencies that | ||||||
| 9 | assist a victim to deal with trauma, loss, and grief; | ||||||
| 10 | (4) shall assist in having any stolen or other | ||||||
| 11 | personal property held by law enforcement authorities for | ||||||
| 12 | evidentiary or other purposes returned as expeditiously as | ||||||
| 13 | possible, pursuant to the procedures set out in Section | ||||||
| 14 | 115-9 of the Code of Criminal Procedure of 1963; | ||||||
| 15 | (5) or victim advocate personnel shall provide | ||||||
| 16 | appropriate employer intercession services to ensure that | ||||||
| 17 | employers of victims will cooperate with the criminal | ||||||
| 18 | justice system in order to minimize an employee's loss of | ||||||
| 19 | pay and other benefits resulting from court appearances; | ||||||
| 20 | (6) shall provide, whenever possible, a secure waiting | ||||||
| 21 | area during court proceedings that does not require | ||||||
| 22 | victims to be in close proximity to defendants or | ||||||
| 23 | juveniles accused of a violent crime, and their families | ||||||
| 24 | and friends; | ||||||
| 25 | (7) shall provide notice to the crime victim of the | ||||||
| 26 | right to have a translator present at all court | ||||||
| |||||||
| |||||||
| 1 | proceedings and, in compliance with the federal Americans | ||||||
| 2 | with Disabilities Act of 1990, the right to communications | ||||||
| 3 | access through a sign language interpreter or by other | ||||||
| 4 | means; | ||||||
| 5 | (8) (blank); | ||||||
| 6 | (8.5) shall inform the victim of the right to be | ||||||
| 7 | present at all court proceedings, unless the victim is to | ||||||
| 8 | testify and the court determines that the victim's | ||||||
| 9 | testimony would be materially affected if the victim hears | ||||||
| 10 | other testimony at trial; | ||||||
| 11 | (9) shall inform the victim of the right to have | ||||||
| 12 | present at all court proceedings, subject to the rules of | ||||||
| 13 | evidence and confidentiality, an advocate and other | ||||||
| 14 | support person of the victim's choice; | ||||||
| 15 | (9.3) shall inform the victim of the right to retain | ||||||
| 16 | an attorney, at the victim's own expense, who, upon | ||||||
| 17 | written notice filed with the clerk of the court and | ||||||
| 18 | State's Attorney, is to receive copies of all notices, | ||||||
| 19 | motions, and court orders filed thereafter in the case, in | ||||||
| 20 | the same manner as if the victim were a named party in the | ||||||
| 21 | case; | ||||||
| 22 | (9.5) shall inform the victim of (A) the victim's | ||||||
| 23 | right under Section 6 of this Act to make a statement at | ||||||
| 24 | the sentencing hearing; (B) the right of the victim's | ||||||
| 25 | spouse, guardian, parent, grandparent, and other immediate | ||||||
| 26 | family and household members under Section 6 of this Act | ||||||
| |||||||
| |||||||
| 1 | to present a statement at sentencing; and (C) if a | ||||||
| 2 | presentence report is to be prepared, the right of the | ||||||
| 3 | victim's spouse, guardian, parent, grandparent, and other | ||||||
| 4 | immediate family and household members to submit | ||||||
| 5 | information to the preparer of the presentence report | ||||||
| 6 | about the effect the offense has had on the victim and the | ||||||
| 7 | person; | ||||||
| 8 | (10) at the sentencing shall make a good faith attempt | ||||||
| 9 | to explain the minimum amount of time during which the | ||||||
| 10 | defendant may actually be physically imprisoned. The | ||||||
| 11 | Office of the State's Attorney shall further notify the | ||||||
| 12 | crime victim of the right to request from the Prisoner | ||||||
| 13 | Review Board or Department of Juvenile Justice information | ||||||
| 14 | concerning the release of the defendant; | ||||||
| 15 | (11) shall request restitution at sentencing and as | ||||||
| 16 | part of a plea agreement if the victim requests | ||||||
| 17 | restitution; | ||||||
| 18 | (12) shall, upon the court entering a verdict of not | ||||||
| 19 | guilty by reason of insanity, inform the victim of the | ||||||
| 20 | notification services available from the Department of | ||||||
| 21 | Human Services, including the statewide telephone number, | ||||||
| 22 | under subparagraph (d)(2) of this Section; | ||||||
| 23 | (13) shall provide notice within a reasonable time | ||||||
| 24 | after receipt of notice from the custodian, of the release | ||||||
| 25 | of the defendant on pretrial release or personal | ||||||
| 26 | recognizance or the release from detention of a minor who | ||||||
| |||||||
| |||||||
| 1 | has been detained; | ||||||
| 2 | (14) shall explain in nontechnical language the | ||||||
| 3 | details of any plea or verdict of a defendant, or any | ||||||
| 4 | adjudication of a juvenile as a delinquent; | ||||||
| 5 | (15) shall make all reasonable efforts to consult with | ||||||
| 6 | the crime victim before the Office of the State's Attorney | ||||||
| 7 | makes an offer of a plea bargain to the defendant or enters | ||||||
| 8 | into negotiations with the defendant concerning a possible | ||||||
| 9 | plea agreement, and shall consider the written statement, | ||||||
| 10 | if prepared prior to entering into a plea agreement. The | ||||||
| 11 | right to consult with the prosecutor does not include the | ||||||
| 12 | right to veto a plea agreement or to insist the case go to | ||||||
| 13 | trial. If the State's Attorney has not consulted with the | ||||||
| 14 | victim prior to making an offer or entering into plea | ||||||
| 15 | negotiations with the defendant, the Office of the State's | ||||||
| 16 | Attorney shall notify the victim of the offer or the | ||||||
| 17 | negotiations within 2 business days and confer with the | ||||||
| 18 | victim; | ||||||
| 19 | (16) shall provide notice of the ultimate disposition | ||||||
| 20 | of the cases arising from an indictment or an information, | ||||||
| 21 | or a petition to have a juvenile adjudicated as a | ||||||
| 22 | delinquent for a violent crime; | ||||||
| 23 | (17) shall provide notice of any appeal taken by the | ||||||
| 24 | defendant and information on how to contact the | ||||||
| 25 | appropriate agency handling the appeal, and how to request | ||||||
| 26 | notice of any hearing, oral argument, or decision of an | ||||||
| |||||||
| |||||||
| 1 | appellate court; | ||||||
| 2 | (18) shall provide timely notice of any request for | ||||||
| 3 | post-conviction review filed by the defendant under | ||||||
| 4 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
| 5 | of the date, time and place of any hearing concerning the | ||||||
| 6 | petition. Whenever possible, notice of the hearing shall | ||||||
| 7 | be given within 48 hours of the court's scheduling of the | ||||||
| 8 | hearing; | ||||||
| 9 | (19) shall forward a copy of any statement presented | ||||||
| 10 | under Section 6 to the Prisoner Review Board or Department | ||||||
| 11 | of Juvenile Justice to be considered in making a | ||||||
| 12 | determination under Section 3-2.5-85 or subsection (b) of | ||||||
| 13 | Section 3-3-8 of the Unified Code of Corrections; | ||||||
| 14 | (20) shall, within a reasonable time, offer to meet | ||||||
| 15 | with the crime victim regarding the decision of the | ||||||
| 16 | State's Attorney not to charge an offense, and shall meet | ||||||
| 17 | with the victim, if the victim agrees. The victim has a | ||||||
| 18 | right to have an attorney, advocate, and other support | ||||||
| 19 | person of the victim's choice attend this meeting with the | ||||||
| 20 | victim; and | ||||||
| 21 | (21) shall give the crime victim timely notice of any | ||||||
| 22 | decision not to pursue charges and consider the safety of | ||||||
| 23 | the victim when deciding how to give such notice. | ||||||
| 24 | (c) The court shall ensure that the rights of the victim | ||||||
| 25 | are afforded. | ||||||
| 26 | (c-5) The following procedures shall be followed to afford | ||||||
| |||||||
| |||||||
| 1 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
| 2 | Illinois Constitution: | ||||||
| 3 | (1) Written notice. A victim may complete a written | ||||||
| 4 | notice of intent to assert rights on a form prepared by the | ||||||
| 5 | Office of the Attorney General and provided to the victim | ||||||
| 6 | by the State's Attorney. The victim may at any time | ||||||
| 7 | provide a revised written notice to the State's Attorney. | ||||||
| 8 | The State's Attorney shall file the written notice with | ||||||
| 9 | the court. At the beginning of any court proceeding in | ||||||
| 10 | which the right of a victim may be at issue, the court and | ||||||
| 11 | prosecutor shall review the written notice to determine | ||||||
| 12 | whether the victim has asserted the right that may be at | ||||||
| 13 | issue. | ||||||
| 14 | (2) Victim's retained attorney. A victim's attorney | ||||||
| 15 | shall file an entry of appearance limited to assertion of | ||||||
| 16 | the victim's rights. Upon the filing of the entry of | ||||||
| 17 | appearance and service on the State's Attorney and the | ||||||
| 18 | defendant, the attorney is to receive copies of all | ||||||
| 19 | notices, motions and court orders filed thereafter in the | ||||||
| 20 | case. | ||||||
| 21 | (3) Standing. The victim has standing to assert the | ||||||
| 22 | rights enumerated in subsection (a) of Article I, Section | ||||||
| 23 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
| 24 | under Section 4 of this Act in any court exercising | ||||||
| 25 | jurisdiction over the criminal case. The prosecuting | ||||||
| 26 | attorney, a victim, or the victim's retained attorney may | ||||||
| |||||||
| |||||||
| 1 | assert the victim's rights. The defendant in the criminal | ||||||
| 2 | case has no standing to assert a right of the victim in any | ||||||
| 3 | court proceeding, including on appeal. | ||||||
| 4 | (4) Assertion of and enforcement of rights. | ||||||
| 5 | (A) The prosecuting attorney shall assert a | ||||||
| 6 | victim's right or request enforcement of a right by | ||||||
| 7 | filing a motion or by orally asserting the right or | ||||||
| 8 | requesting enforcement in open court in the criminal | ||||||
| 9 | case outside the presence of the jury. The prosecuting | ||||||
| 10 | attorney shall consult with the victim and the | ||||||
| 11 | victim's attorney regarding the assertion or | ||||||
| 12 | enforcement of a right. If the prosecuting attorney | ||||||
| 13 | decides not to assert or enforce a victim's right, the | ||||||
| 14 | prosecuting attorney shall notify the victim or the | ||||||
| 15 | victim's attorney in sufficient time to allow the | ||||||
| 16 | victim or the victim's attorney to assert the right or | ||||||
| 17 | to seek enforcement of a right. | ||||||
| 18 | (B) If the prosecuting attorney elects not to | ||||||
| 19 | assert a victim's right or to seek enforcement of a | ||||||
| 20 | right, the victim or the victim's attorney may assert | ||||||
| 21 | the victim's right or request enforcement of a right | ||||||
| 22 | by filing a motion or by orally asserting the right or | ||||||
| 23 | requesting enforcement in open court in the criminal | ||||||
| 24 | case outside the presence of the jury. | ||||||
| 25 | (C) If the prosecuting attorney asserts a victim's | ||||||
| 26 | right or seeks enforcement of a right, unless the | ||||||
| |||||||
| |||||||
| 1 | prosecuting attorney objects or the trial court does | ||||||
| 2 | not allow it, the victim or the victim's attorney may | ||||||
| 3 | be heard regarding the prosecuting attorney's motion | ||||||
| 4 | or may file a simultaneous motion to assert or request | ||||||
| 5 | enforcement of the victim's right. If the victim or | ||||||
| 6 | the victim's attorney was not allowed to be heard at | ||||||
| 7 | the hearing regarding the prosecuting attorney's | ||||||
| 8 | motion, and the court denies the prosecuting | ||||||
| 9 | attorney's assertion of the right or denies the | ||||||
| 10 | request for enforcement of a right, the victim or | ||||||
| 11 | victim's attorney may file a motion to assert the | ||||||
| 12 | victim's right or to request enforcement of the right | ||||||
| 13 | within 10 days of the court's ruling. The motion need | ||||||
| 14 | not demonstrate the grounds for a motion for | ||||||
| 15 | reconsideration. The court shall rule on the merits of | ||||||
| 16 | the motion. | ||||||
| 17 | (D) The court shall take up and decide any motion | ||||||
| 18 | or request asserting or seeking enforcement of a | ||||||
| 19 | victim's right without delay, unless a specific time | ||||||
| 20 | period is specified by law or court rule. The reasons | ||||||
| 21 | for any decision denying the motion or request shall | ||||||
| 22 | be clearly stated on the record. | ||||||
| 23 | (E) No later than January 1, 2023, the Office of | ||||||
| 24 | the Attorney General shall: | ||||||
| 25 | (i) designate an administrative authority | ||||||
| 26 | within the Office of the Attorney General to | ||||||
| |||||||
| |||||||
| 1 | receive and investigate complaints relating to the | ||||||
| 2 | provision or violation of the rights of a crime | ||||||
| 3 | victim as described in Article I, Section 8.1 of | ||||||
| 4 | the Illinois Constitution and in this Act; | ||||||
| 5 | (ii) create and administer a course of | ||||||
| 6 | training for employees and offices of the State of | ||||||
| 7 | Illinois that fail to comply with provisions of | ||||||
| 8 | Illinois law pertaining to the treatment of crime | ||||||
| 9 | victims as described in Article I, Section 8.1 of | ||||||
| 10 | the Illinois Constitution and in this Act as | ||||||
| 11 | required by the court under Section 5 of this Act; | ||||||
| 12 | and | ||||||
| 13 | (iii) have the authority to make | ||||||
| 14 | recommendations to employees and offices of the | ||||||
| 15 | State of Illinois to respond more effectively to | ||||||
| 16 | the needs of crime victims, including regarding | ||||||
| 17 | the violation of the rights of a crime victim. | ||||||
| 18 | (F) Crime victims' rights may also be asserted by | ||||||
| 19 | filing a complaint for mandamus, injunctive, or | ||||||
| 20 | declaratory relief in the jurisdiction in which the | ||||||
| 21 | victim's right is being violated or where the crime is | ||||||
| 22 | being prosecuted. For complaints or motions filed by | ||||||
| 23 | or on behalf of the victim, the clerk of court shall | ||||||
| 24 | waive filing fees that would otherwise be owed by the | ||||||
| 25 | victim for any court filing with the purpose of | ||||||
| 26 | enforcing crime victims' rights. If the court denies | ||||||
| |||||||
| |||||||
| 1 | the relief sought by the victim, the reasons for the | ||||||
| 2 | denial shall be clearly stated on the record in the | ||||||
| 3 | transcript of the proceedings, in a written opinion, | ||||||
| 4 | or in the docket entry, and the victim may appeal the | ||||||
| 5 | circuit court's decision to the appellate court. The | ||||||
| 6 | court shall issue prompt rulings regarding victims' | ||||||
| 7 | rights. Proceedings seeking to enforce victims' rights | ||||||
| 8 | shall not be stayed or subject to unreasonable delay | ||||||
| 9 | via continuances. | ||||||
| 10 | (5) Violation of rights and remedies. | ||||||
| 11 | (A) If the court determines that a victim's right | ||||||
| 12 | has been violated, the court shall determine the | ||||||
| 13 | appropriate remedy for the violation of the victim's | ||||||
| 14 | right by hearing from the victim and the parties, | ||||||
| 15 | considering all factors relevant to the issue, and | ||||||
| 16 | then awarding appropriate relief to the victim. | ||||||
| 17 | (A-5) Consideration of an issue of a substantive | ||||||
| 18 | nature or an issue that implicates the constitutional | ||||||
| 19 | or statutory right of a victim at a court proceeding | ||||||
| 20 | labeled as a status hearing shall constitute a per se | ||||||
| 21 | violation of a victim's right. | ||||||
| 22 | (B) The appropriate remedy shall include only | ||||||
| 23 | actions necessary to provide the victim the right to | ||||||
| 24 | which the victim was entitled. Remedies may include, | ||||||
| 25 | but are not limited to: injunctive relief requiring | ||||||
| 26 | the victim's right to be afforded; declaratory | ||||||
| |||||||
| |||||||
| 1 | judgment recognizing or clarifying the victim's | ||||||
| 2 | rights; a writ of mandamus; and may include reopening | ||||||
| 3 | previously held proceedings; however, in no event | ||||||
| 4 | shall the court vacate a conviction. Any remedy shall | ||||||
| 5 | be tailored to provide the victim an appropriate | ||||||
| 6 | remedy without violating any constitutional right of | ||||||
| 7 | the defendant. In no event shall the appropriate | ||||||
| 8 | remedy to the victim be a new trial or damages. | ||||||
| 9 | The court shall impose a mandatory training course | ||||||
| 10 | provided by the Attorney General for the employee under | ||||||
| 11 | item (ii) of subparagraph (E) of paragraph (4), which must | ||||||
| 12 | be successfully completed within 6 months of the entry of | ||||||
| 13 | the court order. | ||||||
| 14 | This paragraph (5) takes effect January 2, 2023. | ||||||
| 15 | (6) Right to be heard. Whenever a victim has the right | ||||||
| 16 | to be heard, the court shall allow the victim to exercise | ||||||
| 17 | the right in any reasonable manner the victim chooses. | ||||||
| 18 | (7) Right to attend trial. A party must file a written | ||||||
| 19 | motion to exclude a victim from trial at least 60 days | ||||||
| 20 | prior to the date set for trial. The motion must state with | ||||||
| 21 | specificity the reason exclusion is necessary to protect a | ||||||
| 22 | constitutional right of the party, and must contain an | ||||||
| 23 | offer of proof. The court shall rule on the motion within | ||||||
| 24 | 30 days. If the motion is granted, the court shall set | ||||||
| 25 | forth on the record the facts that support its finding | ||||||
| 26 | that the victim's testimony will be materially affected if | ||||||
| |||||||
| |||||||
| 1 | the victim hears other testimony at trial. | ||||||
| 2 | (8) Right to have advocate and support person present | ||||||
| 3 | at court proceedings. | ||||||
| 4 | (A) A party who intends to call an advocate as a | ||||||
| 5 | witness at trial must seek permission of the court | ||||||
| 6 | before the subpoena is issued. The party must file a | ||||||
| 7 | written motion at least 90 days before trial that sets | ||||||
| 8 | forth specifically the issues on which the advocate's | ||||||
| 9 | testimony is sought and an offer of proof regarding | ||||||
| 10 | (i) the content of the anticipated testimony of the | ||||||
| 11 | advocate; and (ii) the relevance, admissibility, and | ||||||
| 12 | materiality of the anticipated testimony. The court | ||||||
| 13 | shall consider the motion and make findings within 30 | ||||||
| 14 | days of the filing of the motion. If the court finds by | ||||||
| 15 | a preponderance of the evidence that: (i) the | ||||||
| 16 | anticipated testimony is not protected by an absolute | ||||||
| 17 | privilege; and (ii) the anticipated testimony contains | ||||||
| 18 | relevant, admissible, and material evidence that is | ||||||
| 19 | not available through other witnesses or evidence, the | ||||||
| 20 | court shall issue a subpoena requiring the advocate to | ||||||
| 21 | appear to testify at an in camera hearing. The | ||||||
| 22 | prosecuting attorney and the victim shall have 15 days | ||||||
| 23 | to seek appellate review before the advocate is | ||||||
| 24 | required to testify at an ex parte in camera | ||||||
| 25 | proceeding. | ||||||
| 26 | The prosecuting attorney, the victim, and the | ||||||
| |||||||
| |||||||
| 1 | advocate's attorney shall be allowed to be present at | ||||||
| 2 | the ex parte in camera proceeding. If, after | ||||||
| 3 | conducting the ex parte in camera hearing, the court | ||||||
| 4 | determines that due process requires any testimony | ||||||
| 5 | regarding confidential or privileged information or | ||||||
| 6 | communications, the court shall provide to the | ||||||
| 7 | prosecuting attorney, the victim, and the advocate's | ||||||
| 8 | attorney a written memorandum on the substance of the | ||||||
| 9 | advocate's testimony. The prosecuting attorney, the | ||||||
| 10 | victim, and the advocate's attorney shall have 15 days | ||||||
| 11 | to seek appellate review before a subpoena may be | ||||||
| 12 | issued for the advocate to testify at trial. The | ||||||
| 13 | presence of the prosecuting attorney at the ex parte | ||||||
| 14 | in camera proceeding does not make the substance of | ||||||
| 15 | the advocate's testimony that the court has ruled | ||||||
| 16 | inadmissible subject to discovery. | ||||||
| 17 | (B) If a victim has asserted the right to have a | ||||||
| 18 | support person present at the court proceedings, the | ||||||
| 19 | victim shall provide the name of the person the victim | ||||||
| 20 | has chosen to be the victim's support person to the | ||||||
| 21 | prosecuting attorney, within 60 days of trial. The | ||||||
| 22 | prosecuting attorney shall provide the name to the | ||||||
| 23 | defendant. If the defendant intends to call the | ||||||
| 24 | support person as a witness at trial, the defendant | ||||||
| 25 | must seek permission of the court before a subpoena is | ||||||
| 26 | issued. The defendant must file a written motion at | ||||||
| |||||||
| |||||||
| 1 | least 45 days prior to trial that sets forth | ||||||
| 2 | specifically the issues on which the support person | ||||||
| 3 | will testify and an offer of proof regarding: (i) the | ||||||
| 4 | content of the anticipated testimony of the support | ||||||
| 5 | person; and (ii) the relevance, admissibility, and | ||||||
| 6 | materiality of the anticipated testimony. | ||||||
| 7 | If the prosecuting attorney intends to call the | ||||||
| 8 | support person as a witness during the State's | ||||||
| 9 | case-in-chief, the prosecuting attorney shall inform | ||||||
| 10 | the court of this intent in the response to the | ||||||
| 11 | defendant's written motion. The victim may choose a | ||||||
| 12 | different person to be the victim's support person. | ||||||
| 13 | The court may allow the defendant to inquire about | ||||||
| 14 | matters outside the scope of the direct examination | ||||||
| 15 | during cross-examination. If the court allows the | ||||||
| 16 | defendant to do so, the support person shall be | ||||||
| 17 | allowed to remain in the courtroom after the support | ||||||
| 18 | person has testified. A defendant who fails to | ||||||
| 19 | question the support person about matters outside the | ||||||
| 20 | scope of direct examination during the State's | ||||||
| 21 | case-in-chief waives the right to challenge the | ||||||
| 22 | presence of the support person on appeal. The court | ||||||
| 23 | shall allow the support person to testify if called as | ||||||
| 24 | a witness in the defendant's case-in-chief or the | ||||||
| 25 | State's rebuttal. | ||||||
| 26 | If the court does not allow the defendant to | ||||||
| |||||||
| |||||||
| 1 | inquire about matters outside the scope of the direct | ||||||
| 2 | examination, the support person shall be allowed to | ||||||
| 3 | remain in the courtroom after the support person has | ||||||
| 4 | been called by the defendant or the defendant has | ||||||
| 5 | rested. The court shall allow the support person to | ||||||
| 6 | testify in the State's rebuttal. | ||||||
| 7 | If the prosecuting attorney does not intend to | ||||||
| 8 | call the support person in the State's case-in-chief, | ||||||
| 9 | the court shall verify with the support person whether | ||||||
| 10 | the support person, if called as a witness, would | ||||||
| 11 | testify as set forth in the offer of proof. If the | ||||||
| 12 | court finds that the support person would testify as | ||||||
| 13 | set forth in the offer of proof, the court shall rule | ||||||
| 14 | on the relevance, materiality, and admissibility of | ||||||
| 15 | the anticipated testimony. If the court rules the | ||||||
| 16 | anticipated testimony is admissible, the court shall | ||||||
| 17 | issue the subpoena. The support person may remain in | ||||||
| 18 | the courtroom after the support person testifies and | ||||||
| 19 | shall be allowed to testify in rebuttal. | ||||||
| 20 | If the court excludes the victim's support person | ||||||
| 21 | during the State's case-in-chief, the victim shall be | ||||||
| 22 | allowed to choose another support person to be present | ||||||
| 23 | in court. | ||||||
| 24 | If the victim fails to designate a support person | ||||||
| 25 | within 60 days of trial and the defendant has | ||||||
| 26 | subpoenaed the support person to testify at trial, the | ||||||
| |||||||
| |||||||
| 1 | court may exclude the support person from the trial | ||||||
| 2 | until the support person testifies. If the court | ||||||
| 3 | excludes the support person the victim may choose | ||||||
| 4 | another person as a support person. | ||||||
| 5 | (9) Right to notice and hearing before disclosure of | ||||||
| 6 | confidential or privileged information or records. | ||||||
| 7 | (A) A defendant who seeks to subpoena testimony or | ||||||
| 8 | records of or concerning the victim that are | ||||||
| 9 | confidential or privileged by law must seek permission | ||||||
| 10 | of the court before the subpoena is issued. The | ||||||
| 11 | defendant must file a written motion and an offer of | ||||||
| 12 | proof regarding the relevance, admissibility and | ||||||
| 13 | materiality of the testimony or records. If the court | ||||||
| 14 | finds by a preponderance of the evidence that: | ||||||
| 15 | (i) the testimony or records are not protected | ||||||
| 16 | by an absolute privilege and | ||||||
| 17 | (ii) the testimony or records contain | ||||||
| 18 | relevant, admissible, and material evidence that | ||||||
| 19 | is not available through other witnesses or | ||||||
| 20 | evidence, the court shall issue a subpoena | ||||||
| 21 | requiring the witness to appear in camera or a | ||||||
| 22 | sealed copy of the records be delivered to the | ||||||
| 23 | court to be reviewed in camera. If, after | ||||||
| 24 | conducting an in camera review of the witness | ||||||
| 25 | statement or records, the court determines that | ||||||
| 26 | due process requires disclosure of any potential | ||||||
| |||||||
| |||||||
| 1 | testimony or any portion of the records, the court | ||||||
| 2 | shall provide copies of the records that it | ||||||
| 3 | intends to disclose to the prosecuting attorney | ||||||
| 4 | and the victim. The prosecuting attorney and the | ||||||
| 5 | victim shall have 30 days to seek appellate review | ||||||
| 6 | before the records are disclosed to the defendant, | ||||||
| 7 | used in any court proceeding, or disclosed to | ||||||
| 8 | anyone or in any way that would subject the | ||||||
| 9 | testimony or records to public review. The | ||||||
| 10 | disclosure of copies of any portion of the | ||||||
| 11 | testimony or records to the prosecuting attorney | ||||||
| 12 | under this Section does not make the records | ||||||
| 13 | subject to discovery or required to be provided to | ||||||
| 14 | the defendant. | ||||||
| 15 | (B) A prosecuting attorney who seeks to subpoena | ||||||
| 16 | information or records concerning the victim that are | ||||||
| 17 | confidential or privileged by law must first request | ||||||
| 18 | the written consent of the crime victim. If the victim | ||||||
| 19 | does not provide such written consent, including where | ||||||
| 20 | necessary the appropriate signed document required for | ||||||
| 21 | waiving privilege, the prosecuting attorney must serve | ||||||
| 22 | the subpoena at least 21 days prior to the date a | ||||||
| 23 | response or appearance is required to allow the | ||||||
| 24 | subject of the subpoena time to file a motion to quash | ||||||
| 25 | or request a hearing. The prosecuting attorney must | ||||||
| 26 | also send a written notice to the victim at least 21 | ||||||
| |||||||
| |||||||
| 1 | days prior to the response date to allow the victim to | ||||||
| 2 | file a motion or request a hearing. The notice to the | ||||||
| 3 | victim shall inform the victim (i) that a subpoena has | ||||||
| 4 | been issued for confidential information or records | ||||||
| 5 | concerning the victim, (ii) that the victim has the | ||||||
| 6 | right to request a hearing prior to the response date | ||||||
| 7 | of the subpoena, and (iii) how to request the hearing. | ||||||
| 8 | The notice to the victim shall also include a copy of | ||||||
| 9 | the subpoena. If requested, a hearing regarding the | ||||||
| 10 | subpoena shall occur before information or records are | ||||||
| 11 | provided to the prosecuting attorney. | ||||||
| 12 | (10) Right to notice of court proceedings. If the | ||||||
| 13 | victim is not present at a court proceeding in which a | ||||||
| 14 | right of the victim is at issue, the court shall ask the | ||||||
| 15 | prosecuting attorney whether the victim was notified of | ||||||
| 16 | the time, place, and purpose of the court proceeding and | ||||||
| 17 | that the victim had a right to be heard at the court | ||||||
| 18 | proceeding. If the court determines that timely notice was | ||||||
| 19 | not given or that the victim was not adequately informed | ||||||
| 20 | of the nature of the court proceeding, the court shall not | ||||||
| 21 | rule on any substantive issues, accept a plea, or impose a | ||||||
| 22 | sentence and shall continue the hearing for the time | ||||||
| 23 | necessary to notify the victim of the time, place and | ||||||
| 24 | nature of the court proceeding. The time between court | ||||||
| 25 | proceedings shall not be attributable to the State under | ||||||
| 26 | Section 103-5 of the Code of Criminal Procedure of 1963. | ||||||
| |||||||
| |||||||
| 1 | (11) Right to timely disposition of the case. A victim | ||||||
| 2 | has the right to timely disposition of the case so as to | ||||||
| 3 | minimize the stress, cost, and inconvenience resulting | ||||||
| 4 | from the victim's involvement in the case. Before ruling | ||||||
| 5 | on a motion to continue trial or other court proceeding, | ||||||
| 6 | the court shall inquire into the circumstances for the | ||||||
| 7 | request for the delay and, if the victim has provided | ||||||
| 8 | written notice of the assertion of the right to a timely | ||||||
| 9 | disposition, and whether the victim objects to the delay. | ||||||
| 10 | If the victim objects, the prosecutor shall inform the | ||||||
| 11 | court of the victim's objections. If the prosecutor has | ||||||
| 12 | not conferred with the victim about the continuance, the | ||||||
| 13 | prosecutor shall inform the court of the attempts to | ||||||
| 14 | confer. If the court finds the attempts of the prosecutor | ||||||
| 15 | to confer with the victim were inadequate to protect the | ||||||
| 16 | victim's right to be heard, the court shall give the | ||||||
| 17 | prosecutor at least 3 but not more than 5 business days to | ||||||
| 18 | confer with the victim. In ruling on a motion to continue, | ||||||
| 19 | the court shall consider the reasons for the requested | ||||||
| 20 | continuance, the number and length of continuances that | ||||||
| 21 | have been granted, the victim's objections and procedures | ||||||
| 22 | to avoid further delays. If a continuance is granted over | ||||||
| 23 | the victim's objection, the court shall specify on the | ||||||
| 24 | record the reasons for the continuance and the procedures | ||||||
| 25 | that have been or will be taken to avoid further delays. | ||||||
| 26 | (12) Right to Restitution. | ||||||
| |||||||
| |||||||
| 1 | (A) If the victim has asserted the right to | ||||||
| 2 | restitution and the amount of restitution is known at | ||||||
| 3 | the time of sentencing, the court shall enter the | ||||||
| 4 | judgment of restitution at the time of sentencing. | ||||||
| 5 | (B) If the victim has asserted the right to | ||||||
| 6 | restitution and the amount of restitution is not known | ||||||
| 7 | at the time of sentencing, the prosecutor shall, | ||||||
| 8 | within 5 days after sentencing, notify the victim what | ||||||
| 9 | information and documentation related to restitution | ||||||
| 10 | is needed and that the information and documentation | ||||||
| 11 | must be provided to the prosecutor within 45 days | ||||||
| 12 | after sentencing. Failure to timely provide | ||||||
| 13 | information and documentation related to restitution | ||||||
| 14 | shall be deemed a waiver of the right to restitution. | ||||||
| 15 | The prosecutor shall file and serve within 60 days | ||||||
| 16 | after sentencing a proposed judgment for restitution | ||||||
| 17 | and a notice that includes information concerning the | ||||||
| 18 | identity of any victims or other persons seeking | ||||||
| 19 | restitution, whether any victim or other person | ||||||
| 20 | expressly declines restitution, the nature and amount | ||||||
| 21 | of any damages together with any supporting | ||||||
| 22 | documentation, a restitution amount recommendation, | ||||||
| 23 | and the names of any co-defendants and their case | ||||||
| 24 | numbers. Within 30 days after receipt of the proposed | ||||||
| 25 | judgment for restitution, the defendant shall file any | ||||||
| 26 | objection to the proposed judgment, a statement of | ||||||
| |||||||
| |||||||
| 1 | grounds for the objection, and a financial statement. | ||||||
| 2 | If the defendant does not file an objection, the court | ||||||
| 3 | may enter the judgment for restitution without further | ||||||
| 4 | proceedings. If the defendant files an objection and | ||||||
| 5 | either party requests a hearing, the court shall | ||||||
| 6 | schedule a hearing. | ||||||
| 7 | (13) Access to presentence reports. | ||||||
| 8 | (A) The victim may request a copy of the | ||||||
| 9 | presentence report prepared under the Unified Code of | ||||||
| 10 | Corrections from the State's Attorney. The State's | ||||||
| 11 | Attorney shall redact the following information before | ||||||
| 12 | providing a copy of the report: | ||||||
| 13 | (i) the defendant's mental history and | ||||||
| 14 | condition; | ||||||
| 15 | (ii) any evaluation prepared under subsection | ||||||
| 16 | (b) or (b-5) of Section 5-3-2; and | ||||||
| 17 | (iii) the name, address, phone number, and | ||||||
| 18 | other personal information about any other victim. | ||||||
| 19 | (B) The State's Attorney or the defendant may | ||||||
| 20 | request the court redact other information in the | ||||||
| 21 | report that may endanger the safety of any person. | ||||||
| 22 | (C) The State's Attorney may orally disclose to | ||||||
| 23 | the victim any of the information that has been | ||||||
| 24 | redacted if there is a reasonable likelihood that the | ||||||
| 25 | information will be stated in court at the sentencing. | ||||||
| 26 | (D) The State's Attorney must advise the victim | ||||||
| |||||||
| |||||||
| 1 | that the victim must maintain the confidentiality of | ||||||
| 2 | the report and other information. Any dissemination of | ||||||
| 3 | the report or information that was not stated at a | ||||||
| 4 | court proceeding constitutes indirect criminal | ||||||
| 5 | contempt of court. | ||||||
| 6 | (14) Appellate relief. If the trial court denies the | ||||||
| 7 | relief requested, the victim, the victim's attorney, or | ||||||
| 8 | the prosecuting attorney may file an appeal within 30 days | ||||||
| 9 | of the trial court's ruling. The trial or appellate court | ||||||
| 10 | may stay the court proceedings if the court finds that a | ||||||
| 11 | stay would not violate a constitutional right of the | ||||||
| 12 | defendant. If the appellate court denies the relief | ||||||
| 13 | sought, the reasons for the denial shall be clearly stated | ||||||
| 14 | in a written opinion. In any appeal in a criminal case, the | ||||||
| 15 | State may assert as error the court's denial of any crime | ||||||
| 16 | victim's right in the proceeding to which the appeal | ||||||
| 17 | relates. | ||||||
| 18 | (15) Limitation on appellate relief. In no case shall | ||||||
| 19 | an appellate court provide a new trial to remedy the | ||||||
| 20 | violation of a victim's right. | ||||||
| 21 | (16) The right to be reasonably protected from the | ||||||
| 22 | accused throughout the criminal justice process and the | ||||||
| 23 | right to have the safety of the victim and the victim's | ||||||
| 24 | family considered in denying or fixing the amount of bail, | ||||||
| 25 | determining whether to release the defendant, and setting | ||||||
| 26 | conditions of release after arrest and conviction. A | ||||||
| |||||||
| |||||||
| 1 | victim of domestic violence, a sexual offense, or stalking | ||||||
| 2 | may request the entry of a protective order under Article | ||||||
| 3 | 112A of the Code of Criminal Procedure of 1963. | ||||||
| 4 | (d) Procedures after the imposition of sentence. | ||||||
| 5 | (1) The Prisoner Review Board shall inform a victim or | ||||||
| 6 | any other concerned citizen, upon written request, of the | ||||||
| 7 | prisoner's release on parole, mandatory supervised | ||||||
| 8 | release, electronic detention, work release, international | ||||||
| 9 | transfer or exchange, or by the custodian, other than the | ||||||
| 10 | Department of Juvenile Justice, of the discharge of any | ||||||
| 11 | individual who was adjudicated a delinquent for a crime | ||||||
| 12 | from State custody and by the sheriff of the appropriate | ||||||
| 13 | county of any such person's final discharge from county | ||||||
| 14 | custody. The Prisoner Review Board, upon written request, | ||||||
| 15 | shall provide to a victim or any other concerned citizen a | ||||||
| 16 | recent photograph of any person convicted of a felony, | ||||||
| 17 | upon his or her release from custody. The Prisoner Review | ||||||
| 18 | Board, upon written request, shall inform a victim or any | ||||||
| 19 | other concerned citizen when feasible at least 7 days | ||||||
| 20 | prior to the prisoner's release on furlough of the times | ||||||
| 21 | and dates of such furlough. Upon written request by the | ||||||
| 22 | victim or any other concerned citizen, the State's | ||||||
| 23 | Attorney shall notify the person once of the times and | ||||||
| 24 | dates of release of a prisoner sentenced to periodic | ||||||
| 25 | imprisonment. Notification shall be based on the most | ||||||
| 26 | recent information as to the victim's or other concerned | ||||||
| |||||||
| |||||||
| 1 | citizen's residence or other location available to the | ||||||
| 2 | notifying authority. | ||||||
| 3 | (1.5) The Prisoner Review Board shall notify a victim | ||||||
| 4 | of a prisoner's pardon, commutation of sentence, release | ||||||
| 5 | on furlough, or early release from State custody, if the | ||||||
| 6 | victim has previously requested that notification. The | ||||||
| 7 | notification shall be based upon the most recent | ||||||
| 8 | information available to the Board as to the victim's | ||||||
| 9 | residence or other location. The notification requirement | ||||||
| 10 | under this paragraph (1.5) is in addition to any | ||||||
| 11 | notification requirements under any other statewide victim | ||||||
| 12 | notification systems. The Board shall document its efforts | ||||||
| 13 | to provide the required notification if a victim alleges | ||||||
| 14 | lack of notification under this paragraph (1.5). | ||||||
| 15 | (2) When the defendant has been committed to the | ||||||
| 16 | Department of Human Services pursuant to Section 5-2-4 or | ||||||
| 17 | any other provision of the Unified Code of Corrections, | ||||||
| 18 | the victim may request to be notified by the releasing | ||||||
| 19 | authority of the approval by the court of an on-grounds | ||||||
| 20 | pass, a supervised off-grounds pass, an unsupervised | ||||||
| 21 | off-grounds pass, or conditional release; the release on | ||||||
| 22 | an off-grounds pass; the return from an off-grounds pass; | ||||||
| 23 | transfer to another facility; conditional release; escape; | ||||||
| 24 | death; or final discharge from State custody. The | ||||||
| 25 | Department of Human Services shall establish and maintain | ||||||
| 26 | a statewide telephone number to be used by victims to make | ||||||
| |||||||
| |||||||
| 1 | notification requests under these provisions and shall | ||||||
| 2 | publicize this telephone number on its website and to the | ||||||
| 3 | State's Attorney of each county. | ||||||
| 4 | (3) In the event of an escape from State custody, the | ||||||
| 5 | Department of Corrections or the Department of Juvenile | ||||||
| 6 | Justice immediately shall notify the Prisoner Review Board | ||||||
| 7 | of the escape and the Prisoner Review Board shall notify | ||||||
| 8 | the victim. The notification shall be based upon the most | ||||||
| 9 | recent information as to the victim's residence or other | ||||||
| 10 | location available to the Board. When no such information | ||||||
| 11 | is available, the Board shall make all reasonable efforts | ||||||
| 12 | to obtain the information and make the notification. When | ||||||
| 13 | the escapee is apprehended, the Department of Corrections | ||||||
| 14 | or the Department of Juvenile Justice immediately shall | ||||||
| 15 | notify the Prisoner Review Board and the Board shall | ||||||
| 16 | notify the victim. The notification requirement under this | ||||||
| 17 | paragraph (3) is in addition to any notification | ||||||
| 18 | requirements under any other statewide victim notification | ||||||
| 19 | systems. The Board shall document its efforts to provide | ||||||
| 20 | the required notification if a victim alleges lack of | ||||||
| 21 | notification under this paragraph (3). | ||||||
| 22 | (4) The victim of the crime for which the prisoner has | ||||||
| 23 | been sentenced has the right to register with the Prisoner | ||||||
| 24 | Review Board's victim registry. Victims registered with | ||||||
| 25 | the Board shall receive reasonable written notice not less | ||||||
| 26 | than 30 days prior to the parole hearing or target | ||||||
| |||||||
| |||||||
| 1 | aftercare release date. The victim has the right to submit | ||||||
| 2 | a victim statement for consideration by the Prisoner | ||||||
| 3 | Review Board or the Department of Juvenile Justice in | ||||||
| 4 | writing, on film, videotape, or other electronic means, or | ||||||
| 5 | in the form of a recording prior to the parole hearing or | ||||||
| 6 | target aftercare release date, or in person at the parole | ||||||
| 7 | hearing or aftercare release protest hearing, or by | ||||||
| 8 | calling the toll-free number established in subsection (f) | ||||||
| 9 | of this Section. The victim shall be notified within 7 | ||||||
| 10 | days after the prisoner has been granted parole or | ||||||
| 11 | aftercare release and shall be informed of the right to | ||||||
| 12 | inspect the registry of parole decisions, established | ||||||
| 13 | under subsection (g) of Section 3-3-5 of the Unified Code | ||||||
| 14 | of Corrections. The provisions of this paragraph (4) are | ||||||
| 15 | subject to the Open Parole Hearings Act. Victim statements | ||||||
| 16 | provided to the Board shall be confidential and | ||||||
| 17 | privileged, including any statements received prior to | ||||||
| 18 | January 1, 2020 (the effective date of Public Act | ||||||
| 19 | 101-288), except if the statement was an oral statement | ||||||
| 20 | made by the victim at a hearing open to the public. | ||||||
| 21 | (4-1) The crime victim, including any person who has | ||||||
| 22 | had a final, plenary, non-emergency, or emergency | ||||||
| 23 | protective order granted against the petitioner or parole | ||||||
| 24 | candidate under Article 112A of the Code of Criminal | ||||||
| 25 | Procedure of 1963, the Illinois Domestic Violence Act of | ||||||
| 26 | 1986, the Stalking No Contact Order Act, or the Civil No | ||||||
| |||||||
| |||||||
| 1 | Contact Order Act, has the right to submit a victim | ||||||
| 2 | statement, in support or opposition, for consideration by | ||||||
| 3 | the Prisoner Review Board or the Department of Juvenile | ||||||
| 4 | Justice prior to or at a hearing to determine the | ||||||
| 5 | conditions of mandatory supervised release of a person | ||||||
| 6 | sentenced to a determinate sentence or at a hearing on | ||||||
| 7 | revocation of mandatory supervised release of a person | ||||||
| 8 | sentenced to a determinate sentence. A victim statement | ||||||
| 9 | may be submitted in writing, on film, videotape, or other | ||||||
| 10 | electronic means, or in the form of a recording, or orally | ||||||
| 11 | at a hearing, or by calling the toll-free number | ||||||
| 12 | established in subsection (f) of this Section. Victim | ||||||
| 13 | statements provided to the Board shall be confidential and | ||||||
| 14 | privileged, including any statements received prior to | ||||||
| 15 | January 1, 2020 (the effective date of Public Act | ||||||
| 16 | 101-288), except if the statement was an oral statement | ||||||
| 17 | made by the victim at a hearing open to the public. | ||||||
| 18 | (4-2) The crime victim, including any person who has | ||||||
| 19 | had a final, plenary, non-emergency, or emergency | ||||||
| 20 | protective order granted against the petitioner or parole | ||||||
| 21 | candidate under Article 112A of the Code of Criminal | ||||||
| 22 | Procedure of 1963, the Illinois Domestic Violence Act of | ||||||
| 23 | 1986, the Stalking No Contact Order Act, or the Civil No | ||||||
| 24 | Contact Order Act, has the right to submit a victim | ||||||
| 25 | statement, in support or opposition, to the Prisoner | ||||||
| 26 | Review Board for consideration at an executive clemency | ||||||
| |||||||
| |||||||
| 1 | hearing as provided in Section 3-3-13 of the Unified Code | ||||||
| 2 | of Corrections. A victim statement may be submitted in | ||||||
| 3 | writing, on film, videotape, or other electronic means, or | ||||||
| 4 | in the form of a recording prior to a hearing, or orally at | ||||||
| 5 | a hearing, or by calling the toll-free number established | ||||||
| 6 | in subsection (f) of this Section. Victim statements | ||||||
| 7 | provided to the Board shall be confidential and | ||||||
| 8 | privileged, including any statements received prior to | ||||||
| 9 | January 1, 2020 (the effective date of Public Act | ||||||
| 10 | 101-288), except if the statement was an oral statement | ||||||
| 11 | made by the victim at a hearing open to the public. | ||||||
| 12 | (5) If a statement is presented under Section 6, the | ||||||
| 13 | Prisoner Review Board or Department of Juvenile Justice | ||||||
| 14 | shall inform the victim of any order of discharge pursuant | ||||||
| 15 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
| 16 | Corrections. | ||||||
| 17 | (6) At the written or oral request of the victim of the | ||||||
| 18 | crime for which the prisoner was sentenced or the State's | ||||||
| 19 | Attorney of the county where the person seeking parole or | ||||||
| 20 | aftercare release was prosecuted, the Prisoner Review | ||||||
| 21 | Board or Department of Juvenile Justice shall notify the | ||||||
| 22 | victim and the State's Attorney of the county where the | ||||||
| 23 | person seeking parole or aftercare release was prosecuted | ||||||
| 24 | of the death of the prisoner if the prisoner died while on | ||||||
| 25 | parole or aftercare release or mandatory supervised | ||||||
| 26 | release. | ||||||
| |||||||
| |||||||
| 1 | (7) When a defendant who has been committed to the | ||||||
| 2 | Department of Corrections, the Department of Juvenile | ||||||
| 3 | Justice, or the Department of Human Services is released | ||||||
| 4 | or discharged and subsequently committed to the Department | ||||||
| 5 | of Human Services as a sexually violent person and the | ||||||
| 6 | victim had requested to be notified by the releasing | ||||||
| 7 | authority of the defendant's discharge, conditional | ||||||
| 8 | release, death, or escape from State custody, the | ||||||
| 9 | releasing authority shall provide to the Department of | ||||||
| 10 | Human Services such information that would allow the | ||||||
| 11 | Department of Human Services to contact the victim. | ||||||
| 12 | (8) When a defendant has been convicted of a sex | ||||||
| 13 | offense as defined in Section 2 of the Sex Offender | ||||||
| 14 | Registration Act and has been sentenced to the Department | ||||||
| 15 | of Corrections or the Department of Juvenile Justice, the | ||||||
| 16 | Prisoner Review Board or the Department of Juvenile | ||||||
| 17 | Justice shall notify the victim of the sex offense of the | ||||||
| 18 | prisoner's eligibility for release on parole, aftercare | ||||||
| 19 | release, mandatory supervised release, electronic | ||||||
| 20 | detention, work release, international transfer or | ||||||
| 21 | exchange, or by the custodian of the discharge of any | ||||||
| 22 | individual who was adjudicated a delinquent for a sex | ||||||
| 23 | offense from State custody and by the sheriff of the | ||||||
| 24 | appropriate county of any such person's final discharge | ||||||
| 25 | from county custody. The notification shall be made to the | ||||||
| 26 | victim at least 30 days, whenever possible, before release | ||||||
| |||||||
| |||||||
| 1 | of the sex offender. | ||||||
| 2 | (e) The officials named in this Section may satisfy some | ||||||
| 3 | or all of their obligations to provide notices and other | ||||||
| 4 | information through participation in a statewide victim and | ||||||
| 5 | witness notification system established by the Attorney | ||||||
| 6 | General under Section 8.5 of this Act. | ||||||
| 7 | (f) The Prisoner Review Board shall establish a toll-free | ||||||
| 8 | number that may be accessed by the crime victim to present a | ||||||
| 9 | victim statement to the Board in accordance with paragraphs | ||||||
| 10 | (4), (4-1), and (4-2) of subsection (d). The Prisoner Review | ||||||
| 11 | Board shall provide registered and identified victims with the | ||||||
| 12 | contact information for the State victim assistance hotline as | ||||||
| 13 | part of its process to obtain a victim witness statement and as | ||||||
| 14 | part of its notification. | ||||||
| 15 | (g) The Prisoner Review Board shall publish on its | ||||||
| 16 | official website, and provide to registered victims, | ||||||
| 17 | procedural information on how to submit victim statements. | ||||||
| 18 | (Source: P.A. 104-11, eff. 6-20-25; 104-173, eff. 1-1-26; | ||||||
| 19 | revised 9-15-25.) | ||||||
| 20 | Section 275. The Pretrial Services Act is amended by | ||||||
| 21 | changing Sections 7, 11, 19, 20, 22, and 34 as follows: | ||||||
| 22 | (725 ILCS 185/7) (from Ch. 38, par. 307) | ||||||
| 23 | Sec. 7. Pretrial services agencies shall perform the | ||||||
| 24 | following duties for the circuit court: | ||||||
| |||||||
| |||||||
| 1 | (a) Interview and assemble verified information and data | ||||||
| 2 | concerning the community ties, employment, residency, criminal | ||||||
| 3 | record, and social background of arrested persons who are to | ||||||
| 4 | be, or have been, presented in court for first appearance on | ||||||
| 5 | felony charges, to assist the court in determining the | ||||||
| 6 | appropriate terms and conditions of bail pretrial release; | ||||||
| 7 | (b) Submit written reports of those investigations to the | ||||||
| 8 | court along with such findings and recommendations, if any, as | ||||||
| 9 | may be necessary to assess appropriate conditions which shall | ||||||
| 10 | be imposed to protect against the risks of nonappearance and | ||||||
| 11 | commission of new offenses or other interference with the | ||||||
| 12 | orderly administration of justice before trial;: | ||||||
| 13 | (1) the need for financial security to assure the | ||||||
| 14 | defendant's appearance at later proceedings; and | ||||||
| 15 | (2) appropriate conditions which shall be imposed to | ||||||
| 16 | protect against the risks of nonappearance and commission of | ||||||
| 17 | new offenses or other interference with the orderly | ||||||
| 18 | administration of justice before trial; | ||||||
| 19 | (c) Supervise compliance with bail pretrial release | ||||||
| 20 | conditions, and promptly report violations of those conditions | ||||||
| 21 | to the court and prosecutor to ensure assure effective | ||||||
| 22 | enforcement; | ||||||
| 23 | (d) Cooperate with the court and all other criminal | ||||||
| 24 | justice agencies in the development of programs to minimize | ||||||
| 25 | unnecessary pretrial detention and protect the public against | ||||||
| 26 | breaches of bail pretrial release conditions; and | ||||||
| |||||||
| |||||||
| 1 | (e) Monitor the local operations of the bail pretrial | ||||||
| 2 | release system and maintain accurate and comprehensive records | ||||||
| 3 | of program activities. | ||||||
| 4 | (Source: P.A. 102-1104, eff. 1-1-23.) | ||||||
| 5 | (725 ILCS 185/11) (from Ch. 38, par. 311) | ||||||
| 6 | Sec. 11. No person shall be interviewed by a pretrial | ||||||
| 7 | services agency unless he or she has first been apprised of the | ||||||
| 8 | identity and purpose of the interviewer, the scope of the | ||||||
| 9 | interview, the right to secure legal advice, and the right to | ||||||
| 10 | refuse cooperation. Inquiry of the defendant shall carefully | ||||||
| 11 | exclude questions concerning the details of the current | ||||||
| 12 | charge. Statements made by the defendant during the interview, | ||||||
| 13 | or evidence derived therefrom, are admissible in evidence only | ||||||
| 14 | when the court is considering the imposition of pretrial or | ||||||
| 15 | posttrial conditions to bail or recognizance of release, | ||||||
| 16 | denial of pretrial release, or when considering the | ||||||
| 17 | modification of a prior release order. | ||||||
| 18 | (Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 12-6-22.) | ||||||
| 19 | (725 ILCS 185/19) (from Ch. 38, par. 319) | ||||||
| 20 | Sec. 19. Written reports under Section 17 shall set forth | ||||||
| 21 | all factual findings on which any recommendation and | ||||||
| 22 | conclusions contained therein are based together with the | ||||||
| 23 | source of each fact, and shall contain information and data | ||||||
| 24 | relevant to appropriate conditions imposed to protect against | ||||||
| |||||||
| |||||||
| 1 | the risk of nonappearance and commission of new offenses or | ||||||
| 2 | other interference with the orderly administration of justice | ||||||
| 3 | before trial. the following issues: | ||||||
| 4 | (a) The need for financial security to assure the | ||||||
| 5 | defendant's appearance for later court proceedings; and | ||||||
| 6 | (b) Appropriate conditions imposed to protect against the | ||||||
| 7 | risk of nonappearance and commission of new offenses or other | ||||||
| 8 | interference with the orderly administration of justice before | ||||||
| 9 | trial. | ||||||
| 10 | (Source: P.A. 102-1104, eff. 1-1-23.) | ||||||
| 11 | (725 ILCS 185/20) (from Ch. 38, par. 320) | ||||||
| 12 | Sec. 20. In preparing and presenting its written reports | ||||||
| 13 | under Sections 17 and 19, pretrial services agencies shall in | ||||||
| 14 | appropriate cases include specific recommendations for the | ||||||
| 15 | setting, increase, or decrease the conditions of bail pretrial | ||||||
| 16 | release; the release of the interviewee on his own | ||||||
| 17 | recognizance in sums certain; and the imposition of pretrial | ||||||
| 18 | conditions to bail of pretrial release or recognizance | ||||||
| 19 | designed to minimize the risks of nonappearance, the | ||||||
| 20 | commission of new offenses while awaiting trial, and other | ||||||
| 21 | potential interference with the orderly administration of | ||||||
| 22 | justice. In establishing objective internal criteria of any | ||||||
| 23 | such recommendation policies, the agency may utilize so-called | ||||||
| 24 | "point scales" for evaluating the aforementioned risks, but no | ||||||
| 25 | interviewee shall be considered as ineligible for particular | ||||||
| |||||||
| |||||||
| 1 | agency recommendations by sole reference to such procedures. | ||||||
| 2 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 3 | (725 ILCS 185/22) (from Ch. 38, par. 322) | ||||||
| 4 | Sec. 22. If so ordered by the court, the pretrial services | ||||||
| 5 | agency shall prepare and submit for the court's approval and | ||||||
| 6 | signature a uniform release order on the uniform form | ||||||
| 7 | established by the Office in all cases where an interviewee | ||||||
| 8 | may be released from custody under conditions contained in an | ||||||
| 9 | agency report. Such conditions shall become part of the | ||||||
| 10 | conditions of the bail bond pretrial release. A copy of the | ||||||
| 11 | uniform release order shall be provided to the defendant and | ||||||
| 12 | defendant's attorney of record, and the prosecutor. | ||||||
| 13 | (Source: P.A. 103-602, eff. 7-1-25.) | ||||||
| 14 | (725 ILCS 185/34) | ||||||
| 15 | Sec. 34. Probation and court services departments | ||||||
| 16 | considered pretrial services agencies. For the purposes of | ||||||
| 17 | administering the provisions of Public Act 95-773, known as | ||||||
| 18 | the Cindy Bischof Law, all probation and court services | ||||||
| 19 | departments are to be considered pretrial services agencies | ||||||
| 20 | under this Act and under the bail bond pretrial release | ||||||
| 21 | provisions of the Code of Criminal Procedure of 1963. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 23 | Section 285. The Quasi-criminal and Misdemeanor Bail Act | ||||||
| |||||||
| |||||||
| 1 | is amended by changing the title of the Act and Sections 0.01, | ||||||
| 2 | 1, 2, 3, and 5 as follows: | ||||||
| 3 | (725 ILCS 195/Act title) | ||||||
| 4 | An Act to authorize designated officers to let persons | ||||||
| 5 | charged with quasi-criminal offenses and misdemeanors to | ||||||
| 6 | pretrial release bail and to accept and receipt for fines on | ||||||
| 7 | pleas of guilty in minor offenses, in accordance with | ||||||
| 8 | schedules established by rule of court. | ||||||
| 9 | (725 ILCS 195/0.01) (from Ch. 16, par. 80) | ||||||
| 10 | Sec. 0.01. Short title. This Act may be cited as the | ||||||
| 11 | Quasi-criminal and Misdemeanor Bail Pretrial Release Act. | ||||||
| 12 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 13 | (725 ILCS 195/1) (from Ch. 16, par. 81) | ||||||
| 14 | Sec. 1. Whenever in any circuit there shall be in force a | ||||||
| 15 | rule or order of the Supreme Court establishing a uniform | ||||||
| 16 | schedule form prescribing the amounts of bail conditions of | ||||||
| 17 | pretrial release for specified conservation cases, traffic | ||||||
| 18 | cases, quasi-criminal offenses and misdemeanors, any general | ||||||
| 19 | superintendent, chief, captain, lieutenant, or sergeant of | ||||||
| 20 | police, or other police officer, the sheriff, the circuit | ||||||
| 21 | clerk, and any deputy sheriff or deputy circuit clerk | ||||||
| 22 | designated by the Circuit Court for the purpose, are | ||||||
| 23 | authorized to let to bail pretrial release any person charged | ||||||
| |||||||
| |||||||
| 1 | with a quasi-criminal offense or misdemeanor and to accept and | ||||||
| 2 | receipt for bonds or cash bail in accordance with regulations | ||||||
| 3 | established by rule or order of the Supreme Court. Unless | ||||||
| 4 | otherwise provided by Supreme Court Rule, no such bail may be | ||||||
| 5 | posted or accepted in any place other than a police station, | ||||||
| 6 | sheriff's office or jail, or other county, municipal or other | ||||||
| 7 | building housing governmental units, or a division | ||||||
| 8 | headquarters building of the Illinois State Police. Bonds and | ||||||
| 9 | cash so received shall be delivered to the office of the | ||||||
| 10 | circuit clerk or that of his designated deputy as provided by | ||||||
| 11 | regulation. Such cash and securities so received shall be | ||||||
| 12 | delivered to the office of such clerk or deputy clerk within at | ||||||
| 13 | least 48 hours of receipt or within the time set for the | ||||||
| 14 | accused's appearance in court whichever is earliest. | ||||||
| 15 | In all cases where a person is admitted to bail under a | ||||||
| 16 | uniform schedule prescribing the amount of bail for specified | ||||||
| 17 | conservation cases, traffic cases, quasi-criminal offenses and | ||||||
| 18 | misdemeanors the provisions of Section 110-15.1 of the Code of | ||||||
| 19 | Criminal Procedure of 1963 shall be applicable. | ||||||
| 20 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 21 | (725 ILCS 195/2) (from Ch. 16, par. 82) | ||||||
| 22 | Sec. 2. The conditions of the bail bond or deposit of cash | ||||||
| 23 | bail pretrial release shall be that the accused will appear to | ||||||
| 24 | answer the charge in court at a time and place specified in the | ||||||
| 25 | bond pretrial release form and thereafter as ordered by the | ||||||
| |||||||
| |||||||
| 1 | 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 bond pretrial | ||||||
| 6 | release form specifying the time and place of his court | ||||||
| 7 | appearance. | ||||||
| 8 | Upon performance of the conditions of the bond pretrial | ||||||
| 9 | release, the bond pretrial release form shall be null and void | ||||||
| 10 | any cash bail or other security shall be returned to the | ||||||
| 11 | accused and any cash bail or other security shall be returned | ||||||
| 12 | to the accused the accused shall be released from the | ||||||
| 13 | conditions of pretrial release. | ||||||
| 14 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 15 | (725 ILCS 195/3) (from Ch. 16, par. 83) | ||||||
| 16 | Sec. 3. In lieu of making bond or depositing cash bail as | ||||||
| 17 | provided in this Act or the deposit of other security | ||||||
| 18 | authorized by law complying with the conditions of pretrial | ||||||
| 19 | release, any accused person has the right to be brought | ||||||
| 20 | without unnecessary delay before the nearest or most | ||||||
| 21 | accessible judge of the circuit to be dealt with according to | ||||||
| 22 | law. | ||||||
| 23 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 24 | (725 ILCS 195/5) (from Ch. 16, par. 85) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5. Any person authorized to accept bail pretrial | ||||||
| 2 | release or pleas of guilty by this Act who violates any | ||||||
| 3 | provision of this Act is guilty of a Class B misdemeanor. | ||||||
| 4 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 5 | Section 290. The Unified Code of Corrections is amended by | ||||||
| 6 | changing Sections 3-5-1, 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, | ||||||
| 7 | 5-8A-7, and 8-2-1 as follows: | ||||||
| 8 | (730 ILCS 5/3-5-1) | ||||||
| 9 | Sec. 3-5-1. Master record file. | ||||||
| 10 | (a) The Department of Corrections and the Department of | ||||||
| 11 | Juvenile Justice shall maintain a master record file on each | ||||||
| 12 | person committed to it, which shall contain the following | ||||||
| 13 | information: | ||||||
| 14 | (1) all information from the committing court; | ||||||
| 15 | (1.5) ethnic and racial background data collected in | ||||||
| 16 | accordance with Section 4.5 of the Criminal Identification | ||||||
| 17 | Act and Section 2-5 of the No Representation Without | ||||||
| 18 | Population Act; | ||||||
| 19 | (1.6) (blank); the committed person's last known | ||||||
| 20 | complete street address prior to incarceration or legal | ||||||
| 21 | residence collected in accordance with Section 2-5 of the | ||||||
| 22 | No Representation Without Population Act; | ||||||
| 23 | (2) reception summary; | ||||||
| 24 | (3) evaluation and assignment reports and | ||||||
| |||||||
| |||||||
| 1 | recommendations; | ||||||
| 2 | (4) reports as to program assignment and progress; | ||||||
| 3 | (5) reports of disciplinary infractions and | ||||||
| 4 | disposition, including tickets and Administrative Review | ||||||
| 5 | Board action; | ||||||
| 6 | (6) any parole or aftercare release plan; | ||||||
| 7 | (7) any parole or aftercare release reports; | ||||||
| 8 | (8) the date and circumstances of final discharge; | ||||||
| 9 | (9) criminal history; | ||||||
| 10 | (10) current and past gang affiliations and ranks; | ||||||
| 11 | (11) information regarding associations and family | ||||||
| 12 | relationships; | ||||||
| 13 | (12) any grievances filed and responses to those | ||||||
| 14 | grievances; | ||||||
| 15 | (13) other information that the respective Department | ||||||
| 16 | determines is relevant to the secure confinement and | ||||||
| 17 | rehabilitation of the committed person; | ||||||
| 18 | (14) the last known address provided by the person | ||||||
| 19 | committed; and | ||||||
| 20 | (15) all medical and dental records. | ||||||
| 21 | (b) Except as provided in subsections (f) and (f-5), all | ||||||
| 22 | files shall be confidential and access shall be limited to | ||||||
| 23 | authorized personnel of the respective Department or by | ||||||
| 24 | disclosure in accordance with a court order or subpoena. | ||||||
| 25 | Personnel of other correctional, welfare or law enforcement | ||||||
| 26 | agencies may have access to files under rules and regulations | ||||||
| |||||||
| |||||||
| 1 | of the respective Department. The respective Department shall | ||||||
| 2 | keep a record of all outside personnel who have access to | ||||||
| 3 | files, the files reviewed, any file material copied, and the | ||||||
| 4 | purpose of access. If the respective Department or the | ||||||
| 5 | Prisoner Review Board makes a determination under this Code | ||||||
| 6 | which affects the length of the period of confinement or | ||||||
| 7 | commitment, the committed person and his counsel shall be | ||||||
| 8 | advised of factual information relied upon by the respective | ||||||
| 9 | Department or Board to make the determination, provided that | ||||||
| 10 | the Department or Board shall not be required to advise a | ||||||
| 11 | person committed to the Department of Juvenile Justice any | ||||||
| 12 | such information which in the opinion of the Department of | ||||||
| 13 | Juvenile Justice or Board would be detrimental to his | ||||||
| 14 | treatment or rehabilitation. | ||||||
| 15 | (c) The master file shall be maintained at a place | ||||||
| 16 | convenient to its use by personnel of the respective | ||||||
| 17 | Department in charge of the person. When custody of a person is | ||||||
| 18 | transferred from the Department to another department or | ||||||
| 19 | agency, a summary of the file shall be forwarded to the | ||||||
| 20 | receiving agency with such other information required by law | ||||||
| 21 | or requested by the agency under rules and regulations of the | ||||||
| 22 | respective Department. | ||||||
| 23 | (d) The master file of a person no longer in the custody of | ||||||
| 24 | the respective Department shall be placed on inactive status | ||||||
| 25 | and its use shall be restricted subject to rules and | ||||||
| 26 | regulations of the Department. | ||||||
| |||||||
| |||||||
| 1 | (e) All public agencies may make available to the | ||||||
| 2 | respective Department on request any factual data not | ||||||
| 3 | otherwise privileged as a matter of law in their possession in | ||||||
| 4 | respect to individuals committed to the respective Department. | ||||||
| 5 | (f) A committed person may request a summary of the | ||||||
| 6 | committed person's master record file once per year and the | ||||||
| 7 | committed person's attorney may request one summary of the | ||||||
| 8 | committed person's master record file once per year. The | ||||||
| 9 | Department shall create a form for requesting this summary, | ||||||
| 10 | and shall make that form available to committed persons and to | ||||||
| 11 | the public on its website. Upon receipt of the request form, | ||||||
| 12 | the Department shall provide the summary within 15 days. The | ||||||
| 13 | summary must contain, unless otherwise prohibited by law: | ||||||
| 14 | (1) the person's name, ethnic, racial, last known | ||||||
| 15 | street address prior to incarceration or legal residence, | ||||||
| 16 | and other identifying information; | ||||||
| 17 | (2) all digitally available information from the | ||||||
| 18 | committing court; | ||||||
| 19 | (3) all information in the Offender 360 system on the | ||||||
| 20 | person's criminal history; | ||||||
| 21 | (4) the person's complete assignment history in the | ||||||
| 22 | Department of Corrections; | ||||||
| 23 | (5) the person's disciplinary card; | ||||||
| 24 | (6) additional records about up to 3 specific | ||||||
| 25 | disciplinary incidents as identified by the requester; | ||||||
| 26 | (7) any available records about up to 5 specific | ||||||
| |||||||
| |||||||
| 1 | grievances filed by the person, as identified by the | ||||||
| 2 | requester; and | ||||||
| 3 | (8) the records of all grievances filed on or after | ||||||
| 4 | January 1, 2023. | ||||||
| 5 | Notwithstanding any provision of this subsection (f) to | ||||||
| 6 | the contrary, a committed person's master record file is not | ||||||
| 7 | subject to disclosure and copying under the Freedom of | ||||||
| 8 | Information Act. | ||||||
| 9 | (f-5) At least 60 days before a person's executive | ||||||
| 10 | clemency, medical release, or parole hearing, if requested, | ||||||
| 11 | the Department of Corrections shall provide the person and | ||||||
| 12 | their legal counsel, if retained, a copy of (i) the person's | ||||||
| 13 | disciplinary card and (ii) any available records of the | ||||||
| 14 | person's participation in programming and education. | ||||||
| 15 | (g) Subject to appropriation, on or before July 1, 2025, | ||||||
| 16 | the Department of Corrections shall digitalize all newly | ||||||
| 17 | committed persons' master record files who become incarcerated | ||||||
| 18 | and all other new information that the Department maintains | ||||||
| 19 | concerning its correctional institutions, facilities, and | ||||||
| 20 | individuals incarcerated. | ||||||
| 21 | (h) Subject to appropriation, on or before July 1, 2027, | ||||||
| 22 | the Department of Corrections shall digitalize all medical and | ||||||
| 23 | dental records in the master record files and all other | ||||||
| 24 | information that the Department maintains concerning its | ||||||
| 25 | correctional institutions and facilities in relation to | ||||||
| 26 | medical records, dental records, and medical and dental needs | ||||||
| |||||||
| |||||||
| 1 | of committed persons. | ||||||
| 2 | (i) Subject to appropriation, on or before July 1, 2029, | ||||||
| 3 | the Department of Corrections shall digitalize all information | ||||||
| 4 | in the master record files and all other information that the | ||||||
| 5 | Department maintains concerning its correctional institutions | ||||||
| 6 | and facilities. | ||||||
| 7 | (j) The Department of Corrections shall adopt rules to | ||||||
| 8 | implement subsections (g), (h), and (i) if appropriations are | ||||||
| 9 | available to implement these provisions. | ||||||
| 10 | (k) Subject to appropriation, the Department of | ||||||
| 11 | Corrections, in consultation with the Department of Innovation | ||||||
| 12 | and Technology, shall conduct a study on the best way to | ||||||
| 13 | digitize all Department of Corrections records and the impact | ||||||
| 14 | of that digitizing on State agencies, including the impact on | ||||||
| 15 | the Department of Innovation and Technology. The study shall | ||||||
| 16 | be completed on or before January 1, 2024. | ||||||
| 17 | (Source: P.A. 103-18, eff. 1-1-24; 103-71, eff. 6-9-23; | ||||||
| 18 | 103-154, eff. 6-30-23; 103-605, eff. 7-1-24; 104-11, eff. | ||||||
| 19 | 6-20-25.) | ||||||
| 20 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2) | ||||||
| 21 | Sec. 5-3-2. Presentence report. | ||||||
| 22 | (a) In felony cases, the presentence report shall set | ||||||
| 23 | forth: | ||||||
| 24 | (1) the defendant's history of delinquency or | ||||||
| 25 | criminality, physical and mental history and condition, | ||||||
| |||||||
| |||||||
| 1 | family situation and background, economic status, | ||||||
| 2 | education, occupation and personal habits; | ||||||
| 3 | (2) information about special resources within the | ||||||
| 4 | community which might be available to assist the | ||||||
| 5 | defendant's rehabilitation, including treatment centers, | ||||||
| 6 | residential facilities, vocational training services, | ||||||
| 7 | correctional manpower programs, employment opportunities, | ||||||
| 8 | special educational programs, alcohol and drug abuse | ||||||
| 9 | programming, psychiatric and marriage counseling, and | ||||||
| 10 | other programs and facilities which could aid the | ||||||
| 11 | defendant's successful reintegration into society; | ||||||
| 12 | (3) the effect the offense committed has had upon the | ||||||
| 13 | victim or victims thereof, and any compensatory benefit | ||||||
| 14 | that various sentencing alternatives would confer on such | ||||||
| 15 | victim or victims; | ||||||
| 16 | (3.5) information provided by the victim's spouse, | ||||||
| 17 | guardian, parent, grandparent, and other immediate family | ||||||
| 18 | and household members about the effect the offense | ||||||
| 19 | committed has had on the victim and on the person | ||||||
| 20 | providing the information; if the victim's spouse, | ||||||
| 21 | guardian, parent, grandparent, or other immediate family | ||||||
| 22 | or household member has provided a written statement, the | ||||||
| 23 | statement shall be attached to the report; | ||||||
| 24 | (4) information concerning the defendant's status | ||||||
| 25 | since arrest, including his record if released on his own | ||||||
| 26 | recognizance, or the defendant's achievement record if | ||||||
| |||||||
| |||||||
| 1 | released on a conditional pre-trial supervision program; | ||||||
| 2 | (5) when appropriate, a plan, based upon the personal, | ||||||
| 3 | economic and social adjustment needs of the defendant, | ||||||
| 4 | utilizing public and private community resources as an | ||||||
| 5 | alternative to institutional sentencing; | ||||||
| 6 | (6) any other matters that the investigatory officer | ||||||
| 7 | deems relevant or the court directs to be included; | ||||||
| 8 | (7) information concerning the defendant's eligibility | ||||||
| 9 | for a sentence to a county impact incarceration program | ||||||
| 10 | under Section 5-8-1.2 of this Code; and | ||||||
| 11 | (8) information concerning the defendant's eligibility | ||||||
| 12 | for a sentence to an impact incarceration program | ||||||
| 13 | administered by the Department under Section 5-8-1.1. | ||||||
| 14 | (b) The investigation shall include a physical and mental | ||||||
| 15 | examination of the defendant when so ordered by the court. If | ||||||
| 16 | the court determines that such an examination should be made, | ||||||
| 17 | it shall issue an order that the defendant submit to | ||||||
| 18 | examination at such time and place as designated by the court | ||||||
| 19 | and that such examination be conducted by a physician, | ||||||
| 20 | psychologist or psychiatrist designated by the court. Such an | ||||||
| 21 | examination may be conducted in a court clinic if so ordered by | ||||||
| 22 | the court. The cost of such examination shall be paid by the | ||||||
| 23 | county in which the trial is held. | ||||||
| 24 | (b-5) In cases involving felony sex offenses in which the | ||||||
| 25 | offender is being considered for probation only or any felony | ||||||
| 26 | offense that is sexually motivated as defined in the Sex | ||||||
| |||||||
| |||||||
| 1 | Offender Management Board Act in which the offender is being | ||||||
| 2 | considered for probation only, the investigation shall include | ||||||
| 3 | a sex offender evaluation by an evaluator approved by the | ||||||
| 4 | Board and conducted in conformance with the standards | ||||||
| 5 | developed under the Sex Offender Management Board Act. In | ||||||
| 6 | cases in which the offender is being considered for any | ||||||
| 7 | mandatory prison sentence, the investigation shall not include | ||||||
| 8 | a sex offender evaluation. | ||||||
| 9 | (c) In misdemeanor, business offense or petty offense | ||||||
| 10 | cases, except as specified in subsection (d) of this Section, | ||||||
| 11 | when a presentence report has been ordered by the court, such | ||||||
| 12 | presentence report shall contain information on the | ||||||
| 13 | defendant's history of delinquency or criminality and shall | ||||||
| 14 | further contain only those matters listed in any of paragraphs | ||||||
| 15 | (1) through (6) of subsection (a) or in subsection (b) of this | ||||||
| 16 | Section as are specified by the court in its order for the | ||||||
| 17 | report. | ||||||
| 18 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
| 19 | 12-30 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 20 | 2012, the presentence report shall set forth information about | ||||||
| 21 | alcohol, drug abuse, psychiatric, and marriage counseling or | ||||||
| 22 | other treatment programs and facilities, information on the | ||||||
| 23 | defendant's history of delinquency or criminality, and shall | ||||||
| 24 | contain those additional matters listed in any of paragraphs | ||||||
| 25 | (1) through (6) of subsection (a) or in subsection (b) of this | ||||||
| 26 | Section as are specified by the court. | ||||||
| |||||||
| |||||||
| 1 | (e) Nothing in this Section shall cause the defendant to | ||||||
| 2 | be held without pretrial release bail or to have his pretrial | ||||||
| 3 | release bail revoked for the purpose of preparing the | ||||||
| 4 | presentence report or making an examination. | ||||||
| 5 | (Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
| 6 | 102-558, eff. 8-20-21.) | ||||||
| 7 | (730 ILCS 5/5-5-3.2) | ||||||
| 8 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
| 9 | sentencing. | ||||||
| 10 | (a) The following factors shall be accorded weight in | ||||||
| 11 | favor of imposing a term of imprisonment or may be considered | ||||||
| 12 | by the court as reasons to impose a more severe sentence under | ||||||
| 13 | Section 5-8-1 or Article 4.5 of Chapter V: | ||||||
| 14 | (1) the defendant's conduct caused or threatened | ||||||
| 15 | serious harm; | ||||||
| 16 | (2) the defendant received compensation for committing | ||||||
| 17 | the offense; | ||||||
| 18 | (3) the defendant has a history of prior delinquency | ||||||
| 19 | or criminal activity; | ||||||
| 20 | (4) the defendant, by the duties of his office or by | ||||||
| 21 | his position, was obliged to prevent the particular | ||||||
| 22 | offense committed or to bring the offenders committing it | ||||||
| 23 | to justice; | ||||||
| 24 | (5) the defendant held public office at the time of | ||||||
| 25 | the offense, and the offense related to the conduct of | ||||||
| |||||||
| |||||||
| 1 | that office; | ||||||
| 2 | (6) the defendant utilized his professional reputation | ||||||
| 3 | or position in the community to commit the offense, or to | ||||||
| 4 | afford him an easier means of committing it; | ||||||
| 5 | (7) the sentence is necessary to deter others from | ||||||
| 6 | committing the same crime; | ||||||
| 7 | (8) the defendant committed the offense against a | ||||||
| 8 | person 60 years of age or older or such person's property; | ||||||
| 9 | (9) the defendant committed the offense against a | ||||||
| 10 | person who has a physical disability or such person's | ||||||
| 11 | property; | ||||||
| 12 | (10) by reason of another individual's actual or | ||||||
| 13 | perceived race, color, creed, religion, ancestry, gender, | ||||||
| 14 | sexual orientation, physical or mental disability, or | ||||||
| 15 | national origin, the defendant committed the offense | ||||||
| 16 | against (i) the person or property of that individual; | ||||||
| 17 | (ii) the person or property of a person who has an | ||||||
| 18 | association with, is married to, or has a friendship with | ||||||
| 19 | the other individual; or (iii) the person or property of a | ||||||
| 20 | relative (by blood or marriage) of a person described in | ||||||
| 21 | clause (i) or (ii). For the purposes of this Section, | ||||||
| 22 | "sexual orientation" has the meaning ascribed to it in | ||||||
| 23 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
| 24 | Rights Act; | ||||||
| 25 | (11) the offense took place in a place of worship or on | ||||||
| 26 | the grounds of a place of worship, immediately prior to, | ||||||
| |||||||
| |||||||
| 1 | during or immediately following worship services. For | ||||||
| 2 | purposes of this subparagraph, "place of worship" shall | ||||||
| 3 | mean any church, synagogue or other building, structure or | ||||||
| 4 | place used primarily for religious worship; | ||||||
| 5 | (12) the defendant was convicted of a felony committed | ||||||
| 6 | while he was released on bail on pretrial release or his | ||||||
| 7 | own recognizance pending trial for a prior felony and was | ||||||
| 8 | convicted of such prior felony, or the defendant was | ||||||
| 9 | convicted of a felony committed while he was serving a | ||||||
| 10 | period of probation, conditional discharge, or mandatory | ||||||
| 11 | supervised release under subsection (d) of Section 5-8-1 | ||||||
| 12 | for a prior felony; | ||||||
| 13 | (13) the defendant committed or attempted to commit a | ||||||
| 14 | felony while he was wearing a bulletproof vest. For the | ||||||
| 15 | purposes of this paragraph (13), a bulletproof vest is any | ||||||
| 16 | device which is designed for the purpose of protecting the | ||||||
| 17 | wearer from bullets, shot or other lethal projectiles; | ||||||
| 18 | (14) the defendant held a position of trust or | ||||||
| 19 | supervision such as, but not limited to, family member as | ||||||
| 20 | defined in Section 11-0.1 of the Criminal Code of 2012, | ||||||
| 21 | teacher, scout leader, baby sitter, or day care worker, in | ||||||
| 22 | relation to a victim under 18 years of age, and the | ||||||
| 23 | defendant committed an offense in violation of Section | ||||||
| 24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
| 25 | 11-14.4 except for an offense that involves keeping a | ||||||
| 26 | place of commercial sexual exploitation of a child, | ||||||
| |||||||
| |||||||
| 1 | 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, | ||||||
| 2 | 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code | ||||||
| 3 | of 1961 or the Criminal Code of 2012 against that victim; | ||||||
| 4 | (15) the defendant committed an offense related to the | ||||||
| 5 | activities of an organized gang. For the purposes of this | ||||||
| 6 | factor, "organized gang" has the meaning ascribed to it in | ||||||
| 7 | Section 10 of the Streetgang Terrorism Omnibus Prevention | ||||||
| 8 | Act; | ||||||
| 9 | (16) the defendant committed an offense in violation | ||||||
| 10 | of one of the following Sections while in a school, | ||||||
| 11 | regardless of the time of day or time of year; on any | ||||||
| 12 | conveyance owned, leased, or contracted by a school to | ||||||
| 13 | transport students to or from school or a school related | ||||||
| 14 | activity; on the real property of a school; or on a public | ||||||
| 15 | way within 1,000 feet of the real property comprising any | ||||||
| 16 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
| 17 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
| 18 | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
| 19 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, | ||||||
| 20 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
| 21 | for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||||||
| 22 | 1961 or the Criminal Code of 2012; | ||||||
| 23 | (16.5) the defendant committed an offense in violation | ||||||
| 24 | of one of the following Sections while in a day care | ||||||
| 25 | center, regardless of the time of day or time of year; on | ||||||
| 26 | the real property of a day care center, regardless of the | ||||||
| |||||||
| |||||||
| 1 | time of day or time of year; or on a public way within | ||||||
| 2 | 1,000 feet of the real property comprising any day care | ||||||
| 3 | center, regardless of the time of day or time of year: | ||||||
| 4 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
| 5 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
| 6 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
| 7 | 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
| 8 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
| 9 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the | ||||||
| 10 | Criminal Code of 2012; | ||||||
| 11 | (17) the defendant committed the offense by reason of | ||||||
| 12 | any person's activity as a community policing volunteer or | ||||||
| 13 | to prevent any person from engaging in activity as a | ||||||
| 14 | community policing volunteer. For the purpose of this | ||||||
| 15 | Section, "community policing volunteer" has the meaning | ||||||
| 16 | ascribed to it in Section 2-3.5 of the Criminal Code of | ||||||
| 17 | 2012; | ||||||
| 18 | (18) the defendant committed the offense in a nursing | ||||||
| 19 | home or on the real property comprising a nursing home. | ||||||
| 20 | For the purposes of this paragraph (18), "nursing home" | ||||||
| 21 | means a skilled nursing or intermediate long term care | ||||||
| 22 | facility that is subject to license by the Illinois | ||||||
| 23 | Department of Public Health under the Nursing Home Care | ||||||
| 24 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
| 25 | 2013, the ID/DD Community Care Act, or the MC/DD Act; | ||||||
| 26 | (19) the defendant was a federally licensed firearm | ||||||
| |||||||
| |||||||
| 1 | dealer and was previously convicted of a violation of | ||||||
| 2 | subsection (a) of Section 3 of the Firearm Owners | ||||||
| 3 | Identification Card Act and has now committed either a | ||||||
| 4 | felony violation of the Firearm Owners Identification Card | ||||||
| 5 | Act or an act of armed violence while armed with a firearm; | ||||||
| 6 | (20) the defendant (i) committed the offense of | ||||||
| 7 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
| 8 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
| 9 | driving under the influence of alcohol, other drug or | ||||||
| 10 | drugs, intoxicating compound or compounds or any | ||||||
| 11 | combination thereof under Section 11-501 of the Illinois | ||||||
| 12 | Vehicle Code or a similar provision of a local ordinance | ||||||
| 13 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
| 14 | miles per hour over the posted speed limit as provided in | ||||||
| 15 | Article VI of Chapter 11 of the Illinois Vehicle Code; | ||||||
| 16 | (21) the defendant (i) committed the offense of | ||||||
| 17 | reckless driving or aggravated reckless driving under | ||||||
| 18 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
| 19 | operating a motor vehicle in excess of 20 miles per hour | ||||||
| 20 | over the posted speed limit as provided in Article VI of | ||||||
| 21 | Chapter 11 of the Illinois Vehicle Code; | ||||||
| 22 | (22) the defendant committed the offense against a | ||||||
| 23 | person that the defendant knew, or reasonably should have | ||||||
| 24 | known, was a member of the Armed Forces of the United | ||||||
| 25 | States serving on active duty. For purposes of this clause | ||||||
| 26 | (22), the term "Armed Forces" means any of the Armed | ||||||
| |||||||
| |||||||
| 1 | Forces of the United States, including a member of any | ||||||
| 2 | reserve component thereof or National Guard unit called to | ||||||
| 3 | active duty; | ||||||
| 4 | (23) the defendant committed the offense against a | ||||||
| 5 | person who was elderly or infirm or who was a person with a | ||||||
| 6 | disability by taking advantage of a family or fiduciary | ||||||
| 7 | relationship with the elderly or infirm person or person | ||||||
| 8 | with a disability; | ||||||
| 9 | (24) the defendant committed any offense under Section | ||||||
| 10 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 11 | of 2012 and possessed 100 or more images; | ||||||
| 12 | (25) the defendant committed the offense while the | ||||||
| 13 | defendant or the victim was in a train, bus, or other | ||||||
| 14 | vehicle used for public transportation; | ||||||
| 15 | (26) the defendant committed the offense of child | ||||||
| 16 | sexual abuse material or aggravated child pornography, | ||||||
| 17 | specifically including paragraph (1), (2), (3), (4), (5), | ||||||
| 18 | or (7) of subsection (a) of Section 11-20.1 of the | ||||||
| 19 | Criminal Code of 1961 or the Criminal Code of 2012 where a | ||||||
| 20 | child engaged in, solicited for, depicted in, or posed in | ||||||
| 21 | any act of sexual penetration or bound, fettered, or | ||||||
| 22 | subject to sadistic, masochistic, or sadomasochistic abuse | ||||||
| 23 | in a sexual context and specifically including paragraph | ||||||
| 24 | (1), (2), (3), (4), (5), or (7) of subsection (a) of | ||||||
| 25 | Section 11-20.1B or Section 11-20.3 of the Criminal Code | ||||||
| 26 | of 1961 where a child engaged in, solicited for, depicted | ||||||
| |||||||
| |||||||
| 1 | in, or posed in any act of sexual penetration or bound, | ||||||
| 2 | fettered, or subject to sadistic, masochistic, or | ||||||
| 3 | sadomasochistic abuse in a sexual context; | ||||||
| 4 | (26.5) the defendant committed the offense of obscene | ||||||
| 5 | depiction of a purported child, specifically including | ||||||
| 6 | paragraph (2) of subsection (b) of Section 11-20.4 of the | ||||||
| 7 | Criminal Code of 2012 if a child engaged in, solicited | ||||||
| 8 | for, depicted in, or posed in any act of sexual | ||||||
| 9 | penetration or bound, fettered, or subject to sadistic, | ||||||
| 10 | masochistic, or sadomasochistic abuse in a sexual context; | ||||||
| 11 | (27) the defendant committed the offense of first | ||||||
| 12 | degree murder, assault, aggravated assault, battery, | ||||||
| 13 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
| 14 | robbery against a person who was a veteran and the | ||||||
| 15 | defendant knew, or reasonably should have known, that the | ||||||
| 16 | person was a veteran performing duties as a representative | ||||||
| 17 | of a veterans' organization. For the purposes of this | ||||||
| 18 | paragraph (27), "veteran" means an Illinois resident who | ||||||
| 19 | has served as a member of the United States Armed Forces, a | ||||||
| 20 | member of the Illinois National Guard, or a member of the | ||||||
| 21 | United States Reserve Forces; and "veterans' organization" | ||||||
| 22 | means an organization comprised of members of which | ||||||
| 23 | substantially all are individuals who are veterans or | ||||||
| 24 | spouses, widows, or widowers of veterans, the primary | ||||||
| 25 | purpose of which is to promote the welfare of its members | ||||||
| 26 | and to provide assistance to the general public in such a | ||||||
| |||||||
| |||||||
| 1 | way as to confer a public benefit; | ||||||
| 2 | (28) the defendant committed the offense of assault, | ||||||
| 3 | aggravated assault, battery, aggravated battery, robbery, | ||||||
| 4 | armed robbery, or aggravated robbery against a person that | ||||||
| 5 | the defendant knew or reasonably should have known was a | ||||||
| 6 | letter carrier or postal worker while that person was | ||||||
| 7 | performing his or her duties delivering mail for the | ||||||
| 8 | United States Postal Service; | ||||||
| 9 | (29) the defendant committed the offense of criminal | ||||||
| 10 | sexual assault, aggravated criminal sexual assault, | ||||||
| 11 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
| 12 | against a victim with an intellectual disability, and the | ||||||
| 13 | defendant holds a position of trust, authority, or | ||||||
| 14 | supervision in relation to the victim; | ||||||
| 15 | (30) the defendant committed the offense of promoting | ||||||
| 16 | commercial sexual exploitation of a child, patronizing a | ||||||
| 17 | person engaged in the sex trade, or patronizing a sexually | ||||||
| 18 | exploited child and at the time of the commission of the | ||||||
| 19 | offense knew that the person engaged in the sex trade or | ||||||
| 20 | sexually exploited child was in the custody or | ||||||
| 21 | guardianship of the Department of Children and Family | ||||||
| 22 | Services; | ||||||
| 23 | (31) the defendant (i) committed the offense of | ||||||
| 24 | driving while under the influence of alcohol, other drug | ||||||
| 25 | or drugs, intoxicating compound or compounds or any | ||||||
| 26 | combination thereof in violation of Section 11-501 of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 2 | ordinance and (ii) the defendant during the commission of | ||||||
| 3 | the offense was driving his or her vehicle upon a roadway | ||||||
| 4 | designated for one-way traffic in the opposite direction | ||||||
| 5 | of the direction indicated by official traffic control | ||||||
| 6 | devices; | ||||||
| 7 | (32) the defendant committed the offense of reckless | ||||||
| 8 | homicide while committing a violation of Section 11-907 of | ||||||
| 9 | the Illinois Vehicle Code; | ||||||
| 10 | (33) the defendant was found guilty of an | ||||||
| 11 | administrative infraction related to an act or acts of | ||||||
| 12 | public indecency or sexual misconduct in the penal | ||||||
| 13 | institution. In this paragraph (33), "penal institution" | ||||||
| 14 | has the same meaning as in Section 2-14 of the Criminal | ||||||
| 15 | Code of 2012; or | ||||||
| 16 | (34) the defendant committed the offense of leaving | ||||||
| 17 | the scene of a crash in violation of subsection (b) of | ||||||
| 18 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
| 19 | resulted in the death of a person and at the time of the | ||||||
| 20 | offense, the defendant was: (i) driving under the | ||||||
| 21 | influence of alcohol, other drug or drugs, intoxicating | ||||||
| 22 | compound or compounds or any combination thereof as | ||||||
| 23 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
| 24 | (ii) operating the motor vehicle while using an electronic | ||||||
| 25 | communication device as defined in Section 12-610.2 of the | ||||||
| 26 | Illinois Vehicle Code. | ||||||
| |||||||
| |||||||
| 1 | For the purposes of this Section: | ||||||
| 2 | "School" is defined as a public or private elementary or | ||||||
| 3 | secondary school, community college, college, or university. | ||||||
| 4 | "Day care center" means a public or private State | ||||||
| 5 | certified and licensed day care center as defined in Section | ||||||
| 6 | 2.09 of the Child Care Act of 1969 that displays a sign in | ||||||
| 7 | plain view stating that the property is a day care center. | ||||||
| 8 | "Intellectual disability" means significantly subaverage | ||||||
| 9 | intellectual functioning which exists concurrently with | ||||||
| 10 | impairment in adaptive behavior. | ||||||
| 11 | "Public transportation" means the transportation or | ||||||
| 12 | conveyance of persons by means available to the general | ||||||
| 13 | public, and includes paratransit services. | ||||||
| 14 | "Traffic control devices" means all signs, signals, | ||||||
| 15 | markings, and devices that conform to the Illinois Manual on | ||||||
| 16 | Uniform Traffic Control Devices, placed or erected by | ||||||
| 17 | authority of a public body or official having jurisdiction, | ||||||
| 18 | for the purpose of regulating, warning, or guiding traffic. | ||||||
| 19 | (b) The following factors, related to all felonies, may be | ||||||
| 20 | considered by the court as reasons to impose an extended term | ||||||
| 21 | sentence under Section 5-8-2 upon any offender: | ||||||
| 22 | (1) When a defendant is convicted of any felony, after | ||||||
| 23 | having been previously convicted in Illinois or any other | ||||||
| 24 | jurisdiction of the same or similar class felony or | ||||||
| 25 | greater class felony, when such conviction has occurred | ||||||
| 26 | within 10 years after the previous conviction, excluding | ||||||
| |||||||
| |||||||
| 1 | time spent in custody, and such charges are separately | ||||||
| 2 | brought and tried and arise out of different series of | ||||||
| 3 | acts; or | ||||||
| 4 | (2) When a defendant is convicted of any felony and | ||||||
| 5 | the court finds that the offense was accompanied by | ||||||
| 6 | exceptionally brutal or heinous behavior indicative of | ||||||
| 7 | wanton cruelty; or | ||||||
| 8 | (3) When a defendant is convicted of any felony | ||||||
| 9 | committed against: | ||||||
| 10 | (i) a person under 12 years of age at the time of | ||||||
| 11 | the offense or such person's property; | ||||||
| 12 | (ii) a person 60 years of age or older at the time | ||||||
| 13 | of the offense or such person's property; or | ||||||
| 14 | (iii) a person who had a physical disability at | ||||||
| 15 | the time of the offense or such person's property; or | ||||||
| 16 | (4) When a defendant is convicted of any felony and | ||||||
| 17 | the offense involved any of the following types of | ||||||
| 18 | specific misconduct committed as part of a ceremony, rite, | ||||||
| 19 | initiation, observance, performance, practice or activity | ||||||
| 20 | of any actual or ostensible religious, fraternal, or | ||||||
| 21 | social group: | ||||||
| 22 | (i) the brutalizing or torturing of humans or | ||||||
| 23 | animals; | ||||||
| 24 | (ii) the theft of human corpses; | ||||||
| 25 | (iii) the kidnapping of humans; | ||||||
| 26 | (iv) the desecration of any cemetery, religious, | ||||||
| |||||||
| |||||||
| 1 | fraternal, business, governmental, educational, or | ||||||
| 2 | other building or property; or | ||||||
| 3 | (v) ritualized abuse of a child; or | ||||||
| 4 | (5) When a defendant is convicted of a felony other | ||||||
| 5 | than conspiracy and the court finds that the felony was | ||||||
| 6 | committed under an agreement with 2 or more other persons | ||||||
| 7 | to commit that offense and the defendant, with respect to | ||||||
| 8 | the other individuals, occupied a position of organizer, | ||||||
| 9 | supervisor, financier, or any other position of management | ||||||
| 10 | or leadership, and the court further finds that the felony | ||||||
| 11 | committed was related to or in furtherance of the criminal | ||||||
| 12 | activities of an organized gang or was motivated by the | ||||||
| 13 | defendant's leadership in an organized gang; or | ||||||
| 14 | (6) When a defendant is convicted of an offense | ||||||
| 15 | committed while using a firearm with a laser sight | ||||||
| 16 | attached to it. For purposes of this paragraph, "laser | ||||||
| 17 | sight" has the meaning ascribed to it in Section 26-7 of | ||||||
| 18 | the Criminal Code of 2012; or | ||||||
| 19 | (7) When a defendant who was at least 17 years of age | ||||||
| 20 | at the time of the commission of the offense is convicted | ||||||
| 21 | of a felony and has been previously adjudicated a | ||||||
| 22 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
| 23 | an act that if committed by an adult would be a Class X or | ||||||
| 24 | Class 1 felony when the conviction has occurred within 10 | ||||||
| 25 | years after the previous adjudication, excluding time | ||||||
| 26 | spent in custody; or | ||||||
| |||||||
| |||||||
| 1 | (8) When a defendant commits any felony and the | ||||||
| 2 | defendant used, possessed, exercised control over, or | ||||||
| 3 | otherwise directed an animal to assault a law enforcement | ||||||
| 4 | officer engaged in the execution of his or her official | ||||||
| 5 | duties or in furtherance of the criminal activities of an | ||||||
| 6 | organized gang in which the defendant is engaged; or | ||||||
| 7 | (9) When a defendant commits any felony and the | ||||||
| 8 | defendant knowingly video or audio records the offense | ||||||
| 9 | with the intent to disseminate the recording. | ||||||
| 10 | (c) The following factors may be considered by the court | ||||||
| 11 | as reasons to impose an extended term sentence under Section | ||||||
| 12 | 5-8-2 upon any offender for the listed offenses: | ||||||
| 13 | (1) When a defendant is convicted of first degree | ||||||
| 14 | murder, after having been previously convicted in Illinois | ||||||
| 15 | of any offense listed under paragraph (c)(2) of Section | ||||||
| 16 | 5-5-3, when that conviction has occurred within 10 years | ||||||
| 17 | after the previous conviction, excluding time spent in | ||||||
| 18 | custody, and the charges are separately brought and tried | ||||||
| 19 | and arise out of different series of acts. | ||||||
| 20 | (1.5) When a defendant is convicted of first degree | ||||||
| 21 | murder, after having been previously convicted of domestic | ||||||
| 22 | battery or aggravated domestic battery committed on the | ||||||
| 23 | same victim or after having been previously convicted of | ||||||
| 24 | violation of an order of protection in which the same | ||||||
| 25 | victim was the protected person. | ||||||
| 26 | (2) When a defendant is convicted of voluntary | ||||||
| |||||||
| |||||||
| 1 | manslaughter, second degree murder, involuntary | ||||||
| 2 | manslaughter, or reckless homicide in which the defendant | ||||||
| 3 | has been convicted of causing the death of more than one | ||||||
| 4 | individual. | ||||||
| 5 | (3) When a defendant is convicted of aggravated | ||||||
| 6 | criminal sexual assault or criminal sexual assault, when | ||||||
| 7 | there is a finding that aggravated criminal sexual assault | ||||||
| 8 | or criminal sexual assault was also committed on the same | ||||||
| 9 | victim by one or more other individuals, and the defendant | ||||||
| 10 | voluntarily participated in the crime with the knowledge | ||||||
| 11 | of the participation of the others in the crime, and the | ||||||
| 12 | commission of the crime was part of a single course of | ||||||
| 13 | conduct during which there was no substantial change in | ||||||
| 14 | the nature of the criminal objective. | ||||||
| 15 | (4) If the victim was under 18 years of age at the time | ||||||
| 16 | of the commission of the offense, when a defendant is | ||||||
| 17 | convicted of aggravated criminal sexual assault or | ||||||
| 18 | predatory criminal sexual assault of a child under | ||||||
| 19 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
| 20 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
| 21 | Criminal Code of 2012. | ||||||
| 22 | (5) When a defendant is convicted of a felony | ||||||
| 23 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
| 24 | the Criminal Code of 2012 and there is a finding that the | ||||||
| 25 | defendant is a member of an organized gang. | ||||||
| 26 | (6) When a defendant was convicted of unlawful | ||||||
| |||||||
| |||||||
| 1 | possession of weapons under Section 24-1 of the Criminal | ||||||
| 2 | Code of 1961 or the Criminal Code of 2012 for possessing a | ||||||
| 3 | weapon that is not readily distinguishable as one of the | ||||||
| 4 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
| 5 | 1961 or the Criminal Code of 2012. | ||||||
| 6 | (7) When a defendant is convicted of an offense | ||||||
| 7 | involving the illegal manufacture of a controlled | ||||||
| 8 | substance under Section 401 of the Illinois Controlled | ||||||
| 9 | Substances Act, the illegal manufacture of methamphetamine | ||||||
| 10 | under Section 25 of the Methamphetamine Control and | ||||||
| 11 | Community Protection Act, or the illegal possession of | ||||||
| 12 | explosives and an emergency response officer in the | ||||||
| 13 | performance of his or her duties is killed or injured at | ||||||
| 14 | the scene of the offense while responding to the emergency | ||||||
| 15 | caused by the commission of the offense. In this | ||||||
| 16 | paragraph, "emergency" means a situation in which a | ||||||
| 17 | person's life, health, or safety is in jeopardy; and | ||||||
| 18 | "emergency response officer" means a peace officer, | ||||||
| 19 | community policing volunteer, fireman, emergency medical | ||||||
| 20 | technician-ambulance, emergency medical | ||||||
| 21 | technician-intermediate, emergency medical | ||||||
| 22 | technician-paramedic, ambulance driver, other medical | ||||||
| 23 | assistance or first aid personnel, or hospital emergency | ||||||
| 24 | room personnel. | ||||||
| 25 | (8) When the defendant is convicted of attempted mob | ||||||
| 26 | action, solicitation to commit mob action, or conspiracy | ||||||
| |||||||
| |||||||
| 1 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
| 2 | Criminal Code of 2012, where the criminal object is a | ||||||
| 3 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
| 4 | and an electronic communication is used in the commission | ||||||
| 5 | of the offense. For the purposes of this paragraph (8), | ||||||
| 6 | "electronic communication" shall have the meaning provided | ||||||
| 7 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
| 8 | (d) For the purposes of this Section, "organized gang" has | ||||||
| 9 | the meaning ascribed to it in Section 10 of the Illinois | ||||||
| 10 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
| 11 | (e) The court may impose an extended term sentence under | ||||||
| 12 | Article 4.5 of Chapter V upon an offender who has been | ||||||
| 13 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
| 14 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
| 15 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
| 16 | when the victim of the offense is under 18 years of age at the | ||||||
| 17 | time of the commission of the offense and, during the | ||||||
| 18 | commission of the offense, the victim was under the influence | ||||||
| 19 | of alcohol, regardless of whether or not the alcohol was | ||||||
| 20 | supplied by the offender; and the offender, at the time of the | ||||||
| 21 | commission of the offense, knew or should have known that the | ||||||
| 22 | victim had consumed alcohol. | ||||||
| 23 | (Source: P.A. 103-822, eff. 1-1-25; 103-825, eff. 1-1-25; | ||||||
| 24 | 103-1071, eff. 7-1-25; 104-245, eff. 1-1-26; 104-417, eff. | ||||||
| 25 | 8-15-25; revised 9-17-25.) | ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4) | ||||||
| 2 | Sec. 5-6-4. Violation, modification or revocation of | ||||||
| 3 | probation, of conditional discharge or supervision or of a | ||||||
| 4 | sentence of county impact incarceration - hearing. | ||||||
| 5 | (a) Except in cases where conditional discharge or | ||||||
| 6 | supervision was imposed for a petty offense as defined in | ||||||
| 7 | Section 5-1-17, when a petition is filed charging a violation | ||||||
| 8 | of a condition, the court may: | ||||||
| 9 | (1) in the case of probation violations, order the | ||||||
| 10 | issuance of a notice to the offender to be present by the | ||||||
| 11 | County Probation Department or such other agency | ||||||
| 12 | designated by the court to handle probation matters; and | ||||||
| 13 | in the case of conditional discharge or supervision | ||||||
| 14 | violations, such notice to the offender shall be issued by | ||||||
| 15 | the Circuit Court Clerk; and in the case of a violation of | ||||||
| 16 | a sentence of county impact incarceration, such notice | ||||||
| 17 | shall be issued by the Sheriff; | ||||||
| 18 | (2) order a summons to the offender to be present for | ||||||
| 19 | hearing; or | ||||||
| 20 | (3) order a warrant for the offender's arrest where | ||||||
| 21 | there is danger of his fleeing the jurisdiction or causing | ||||||
| 22 | serious harm to others or when the offender fails to | ||||||
| 23 | answer a summons or notice from the clerk of the court or | ||||||
| 24 | Sheriff. | ||||||
| 25 | Personal service of the petition for violation of | ||||||
| 26 | probation or the issuance of such warrant, summons or notice | ||||||
| |||||||
| |||||||
| 1 | shall toll the period of probation, conditional discharge, | ||||||
| 2 | supervision, or sentence of county impact incarceration until | ||||||
| 3 | the final determination of the charge, and the term of | ||||||
| 4 | probation, conditional discharge, supervision, or sentence of | ||||||
| 5 | county impact incarceration shall not run until the hearing | ||||||
| 6 | and disposition of the petition for violation. | ||||||
| 7 | (b) The court shall conduct a hearing of the alleged | ||||||
| 8 | violation. The court shall admit the offender to bail pretrial | ||||||
| 9 | release pending the hearing unless the alleged violation is | ||||||
| 10 | itself a criminal offense in which case the offender shall be | ||||||
| 11 | admitted to bail pretrial release on such terms as are | ||||||
| 12 | provided in the Code of Criminal Procedure of 1963, as | ||||||
| 13 | amended. In any case where an offender remains incarcerated | ||||||
| 14 | only as a result of his alleged violation of the court's | ||||||
| 15 | earlier order of probation, supervision, conditional | ||||||
| 16 | discharge, or county impact incarceration such hearing shall | ||||||
| 17 | be held within 14 days of the onset of said incarceration, | ||||||
| 18 | unless the alleged violation is the commission of another | ||||||
| 19 | offense by the offender during the period of probation, | ||||||
| 20 | supervision or conditional discharge in which case such | ||||||
| 21 | hearing shall be held within the time limits described in | ||||||
| 22 | Section 103-5 of the Code of Criminal Procedure of 1963, as | ||||||
| 23 | amended. | ||||||
| 24 | (c) The State has the burden of going forward with the | ||||||
| 25 | evidence and proving the violation by the preponderance of the | ||||||
| 26 | evidence. The evidence shall be presented in open court with | ||||||
| |||||||
| |||||||
| 1 | the right of confrontation, cross-examination, and | ||||||
| 2 | representation by counsel. | ||||||
| 3 | (d) Probation, conditional discharge, periodic | ||||||
| 4 | imprisonment and supervision shall not be revoked for failure | ||||||
| 5 | to comply with conditions of a sentence or supervision, which | ||||||
| 6 | imposes financial obligations upon the offender unless such | ||||||
| 7 | failure is due to his willful refusal to pay. | ||||||
| 8 | (e) If the court finds that the offender has violated a | ||||||
| 9 | condition at any time prior to the expiration or termination | ||||||
| 10 | of the period, it may continue him on the existing sentence, | ||||||
| 11 | with or without modifying or enlarging the conditions, or may | ||||||
| 12 | impose any other sentence that was available under Article 4.5 | ||||||
| 13 | of Chapter V of this Code or Section 11-501 of the Illinois | ||||||
| 14 | Vehicle Code at the time of initial sentencing. If the court | ||||||
| 15 | finds that the person has failed to successfully complete his | ||||||
| 16 | or her sentence to a county impact incarceration program, the | ||||||
| 17 | court may impose any other sentence that was available under | ||||||
| 18 | Article 4.5 of Chapter V of this Code or Section 11-501 of the | ||||||
| 19 | Illinois Vehicle Code at the time of initial sentencing, | ||||||
| 20 | except for a sentence of probation or conditional discharge. | ||||||
| 21 | If the court finds that the offender has violated paragraph | ||||||
| 22 | (8.6) of subsection (a) of Section 5-6-3, the court shall | ||||||
| 23 | revoke the probation of the offender. If the court finds that | ||||||
| 24 | the offender has violated subsection (o) of Section 5-6-3.1, | ||||||
| 25 | the court shall revoke the supervision of the offender. | ||||||
| 26 | (f) The conditions of probation, of conditional discharge, | ||||||
| |||||||
| |||||||
| 1 | of supervision, or of a sentence of county impact | ||||||
| 2 | incarceration may be modified by the court on motion of the | ||||||
| 3 | supervising agency or on its own motion or at the request of | ||||||
| 4 | the offender after notice and a hearing. | ||||||
| 5 | (g) A judgment revoking supervision, probation, | ||||||
| 6 | conditional discharge, or a sentence of county impact | ||||||
| 7 | incarceration is a final appealable order. | ||||||
| 8 | (h) Resentencing after revocation of probation, | ||||||
| 9 | conditional discharge, supervision, or a sentence of county | ||||||
| 10 | impact incarceration shall be under Article 4. The term on | ||||||
| 11 | probation, conditional discharge or supervision shall not be | ||||||
| 12 | credited by the court against a sentence of imprisonment or | ||||||
| 13 | periodic imprisonment unless the court orders otherwise. The | ||||||
| 14 | amount of credit to be applied against a sentence of | ||||||
| 15 | imprisonment or periodic imprisonment when the defendant | ||||||
| 16 | served a term or partial term of periodic imprisonment shall | ||||||
| 17 | be calculated upon the basis of the actual days spent in | ||||||
| 18 | confinement rather than the duration of the term. | ||||||
| 19 | (i) Instead of filing a violation of probation, | ||||||
| 20 | conditional discharge, supervision, or a sentence of county | ||||||
| 21 | impact incarceration, an agent or employee of the supervising | ||||||
| 22 | agency with the concurrence of his or her supervisor may serve | ||||||
| 23 | on the defendant a Notice of Intermediate Sanctions. The | ||||||
| 24 | Notice shall contain the technical violation or violations | ||||||
| 25 | involved, the date or dates of the violation or violations, | ||||||
| 26 | and the intermediate sanctions to be imposed. Upon receipt of | ||||||
| |||||||
| |||||||
| 1 | the Notice, the defendant shall immediately accept or reject | ||||||
| 2 | the intermediate sanctions. If the sanctions are accepted, | ||||||
| 3 | they shall be imposed immediately. If the intermediate | ||||||
| 4 | sanctions are rejected or the defendant does not respond to | ||||||
| 5 | the Notice, a violation of probation, conditional discharge, | ||||||
| 6 | supervision, or a sentence of county impact incarceration | ||||||
| 7 | shall be immediately filed with the court. The State's | ||||||
| 8 | Attorney and the sentencing court shall be notified of the | ||||||
| 9 | Notice of Sanctions. Upon successful completion of the | ||||||
| 10 | intermediate sanctions, a court may not revoke probation, | ||||||
| 11 | conditional discharge, supervision, or a sentence of county | ||||||
| 12 | impact incarceration or impose additional sanctions for the | ||||||
| 13 | same violation. A notice of intermediate sanctions may not be | ||||||
| 14 | issued for any violation of probation, conditional discharge, | ||||||
| 15 | supervision, or a sentence of county impact incarceration | ||||||
| 16 | which could warrant an additional, separate felony charge. The | ||||||
| 17 | intermediate sanctions shall include a term of home detention | ||||||
| 18 | as provided in Article 8A of Chapter V of this Code for | ||||||
| 19 | multiple or repeat violations of the terms and conditions of a | ||||||
| 20 | sentence of probation, conditional discharge, or supervision. | ||||||
| 21 | (j) When an offender is re-sentenced after revocation of | ||||||
| 22 | probation that was imposed in combination with a sentence of | ||||||
| 23 | imprisonment for the same offense, the aggregate of the | ||||||
| 24 | sentences may not exceed the maximum term authorized under | ||||||
| 25 | Article 4.5 of Chapter V. | ||||||
| 26 | (k)(1) On and after the effective date of this amendatory | ||||||
| |||||||
| |||||||
| 1 | Act of the 101st General Assembly, this subsection (k) shall | ||||||
| 2 | apply to arrest warrants in Cook County only. An arrest | ||||||
| 3 | warrant issued under paragraph (3) of subsection (a) when the | ||||||
| 4 | underlying conviction is for the offense of theft, retail | ||||||
| 5 | theft, or possession of a controlled substance shall remain | ||||||
| 6 | active for a period not to exceed 10 years from the date the | ||||||
| 7 | warrant was issued unless a motion to extend the warrant is | ||||||
| 8 | filed by the office of the State's Attorney or by, or on behalf | ||||||
| 9 | of, the agency supervising the wanted person. A motion to | ||||||
| 10 | extend the warrant shall be filed within one year before the | ||||||
| 11 | warrant expiration date and notice shall be provided to the | ||||||
| 12 | office of the sheriff. | ||||||
| 13 | (2) If a motion to extend a warrant issued under paragraph | ||||||
| 14 | (3) of subsection (a) is not filed, the warrant shall be | ||||||
| 15 | quashed and recalled as a matter of law under paragraph (1) of | ||||||
| 16 | this subsection (k) and the wanted person's period of | ||||||
| 17 | probation, conditional discharge, or supervision shall | ||||||
| 18 | terminate unsatisfactorily as a matter of law. | ||||||
| 19 | (Source: P.A. 101-406, eff. 1-1-20; 101-652, eff. 1-1-23.) | ||||||
| 20 | (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) | ||||||
| 21 | Sec. 5-6-4.1. Violation, modification or revocation of | ||||||
| 22 | conditional discharge or supervision - hearing.) | ||||||
| 23 | (a) In cases where a defendant was placed upon supervision | ||||||
| 24 | or conditional discharge for the commission of a petty | ||||||
| 25 | offense, upon the oral or written motion of the State, or on | ||||||
| |||||||
| |||||||
| 1 | the court's own motion, which charges that a violation of a | ||||||
| 2 | condition of that conditional discharge or supervision has | ||||||
| 3 | occurred, the court may: | ||||||
| 4 | (1) conduct a hearing instanter if the offender is | ||||||
| 5 | present in court; | ||||||
| 6 | (2) order the issuance by the court clerk of a notice | ||||||
| 7 | to the offender to be present for a hearing for violation; | ||||||
| 8 | (3) order summons to the offender to be present; or | ||||||
| 9 | (4) order a warrant for the offender's arrest. | ||||||
| 10 | The oral motion, if the defendant is present, or the | ||||||
| 11 | issuance of such warrant, summons or notice shall toll the | ||||||
| 12 | period of conditional discharge or supervision until the final | ||||||
| 13 | determination of the charge, and the term of conditional | ||||||
| 14 | discharge or supervision shall not run until the hearing and | ||||||
| 15 | disposition of the petition for violation. | ||||||
| 16 | (b) The Court shall admit the offender to bail pretrial | ||||||
| 17 | release pending the hearing. | ||||||
| 18 | (c) The State has the burden of going forward with the | ||||||
| 19 | evidence and proving the violation by the preponderance of the | ||||||
| 20 | evidence. The evidence shall be presented in open court with | ||||||
| 21 | the right of confrontation, cross-examination, and | ||||||
| 22 | representation by counsel. | ||||||
| 23 | (d) Conditional discharge or supervision shall not be | ||||||
| 24 | revoked for failure to comply with the conditions of the | ||||||
| 25 | discharge or supervision which imposed financial obligations | ||||||
| 26 | upon the offender unless such failure is due to his wilful | ||||||
| |||||||
| |||||||
| 1 | refusal to pay. | ||||||
| 2 | (e) If the court finds that the offender has violated a | ||||||
| 3 | condition at any time prior to the expiration or termination | ||||||
| 4 | of the period, it may continue him on the existing sentence or | ||||||
| 5 | supervision with or without modifying or enlarging the | ||||||
| 6 | conditions, or may impose any other sentence that was | ||||||
| 7 | available under Article 4.5 of Chapter V of this Code or | ||||||
| 8 | Section 11-501 of the Illinois Vehicle Code at the time of | ||||||
| 9 | initial sentencing. | ||||||
| 10 | (f) The conditions of conditional discharge and of | ||||||
| 11 | supervision may be modified by the court on motion of the | ||||||
| 12 | probation officer or on its own motion or at the request of the | ||||||
| 13 | offender after notice to the defendant and a hearing. | ||||||
| 14 | (g) A judgment revoking supervision is a final appealable | ||||||
| 15 | order. | ||||||
| 16 | (h) Resentencing after revocation of conditional discharge | ||||||
| 17 | or of supervision shall be under Article 4. Time served on | ||||||
| 18 | conditional discharge or supervision shall be credited by the | ||||||
| 19 | court against a sentence of imprisonment or periodic | ||||||
| 20 | imprisonment unless the court orders otherwise. | ||||||
| 21 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 22 | (730 ILCS 5/5-8A-7) | ||||||
| 23 | Sec. 5-8A-7. Domestic violence surveillance program. If | ||||||
| 24 | the Prisoner Review Board, Department of Corrections, | ||||||
| 25 | Department of Juvenile Justice, or court (the supervising | ||||||
| |||||||
| |||||||
| 1 | authority) orders electronic surveillance as a condition of | ||||||
| 2 | parole, aftercare release, mandatory supervised release, early | ||||||
| 3 | release, probation, or conditional discharge for a violation | ||||||
| 4 | of an order of protection or as a condition of bail pretrial | ||||||
| 5 | release for a person charged with a violation of an order of | ||||||
| 6 | protection, the supervising authority shall use the best | ||||||
| 7 | available global positioning technology to track domestic | ||||||
| 8 | violence offenders. Best available technology must have | ||||||
| 9 | real-time and interactive capabilities that facilitate the | ||||||
| 10 | following objectives: (1) immediate notification to the | ||||||
| 11 | supervising authority of a breach of a court ordered exclusion | ||||||
| 12 | zone; (2) notification of the breach to the offender; and (3) | ||||||
| 13 | communication between the supervising authority, law | ||||||
| 14 | enforcement, and the victim, regarding the breach. The | ||||||
| 15 | supervising authority may also require that the electronic | ||||||
| 16 | surveillance ordered under this Section monitor the | ||||||
| 17 | consumption of alcohol or drugs. | ||||||
| 18 | (Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.) | ||||||
| 19 | (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1) | ||||||
| 20 | Sec. 8-2-1. Saving clause. The repeal of Acts or parts of | ||||||
| 21 | Acts enumerated in Section 8-5-1 does not: (1) affect any | ||||||
| 22 | offense committed, act done, prosecution pending, penalty, | ||||||
| 23 | punishment or forfeiture incurred, or rights, powers or | ||||||
| 24 | remedies accrued under any law in effect immediately prior to | ||||||
| 25 | the effective date of this Code; (2) impair, avoid, or affect | ||||||
| |||||||
| |||||||
| 1 | any grant or conveyance made or right acquired or cause of | ||||||
| 2 | action then existing under any such repealed Act or amendment | ||||||
| 3 | thereto; (3) affect or impair the validity of any bail or other | ||||||
| 4 | bond pretrial release or other obligation issued or sold and | ||||||
| 5 | constituting a valid obligation of the issuing authority | ||||||
| 6 | immediately prior to the effective date of this Code; (4) the | ||||||
| 7 | validity of any contract; or (5) the validity of any tax levied | ||||||
| 8 | under any law in effect prior to the effective date of this | ||||||
| 9 | Code. The repeal of any validating Act or part thereof shall | ||||||
| 10 | not avoid the effect of the validation. No Act repealed by | ||||||
| 11 | Section 8-5-1 shall repeal any Act or part thereof which | ||||||
| 12 | embraces the same or a similar subject matter as the Act | ||||||
| 13 | repealed. | ||||||
| 14 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 15 | Section 295. The Unified Code of Corrections is amended by | ||||||
| 16 | changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1, | ||||||
| 17 | 5-8-4, 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows: | ||||||
| 18 | (730 ILCS 5/3-6-3) | ||||||
| 19 | Sec. 3-6-3. Rules and regulations for sentence credit. | ||||||
| 20 | (a)(1) The Department of Corrections shall prescribe rules | ||||||
| 21 | and regulations for awarding and revoking sentence credit for | ||||||
| 22 | persons committed to the Department of Corrections and the | ||||||
| 23 | Department of Juvenile Justice shall prescribe rules and | ||||||
| 24 | regulations for awarding and revoking sentence credit for | ||||||
| |||||||
| |||||||
| 1 | persons committed to the Department of Juvenile Justice under | ||||||
| 2 | Section 5-8-6 of the Unified Code of Corrections, which shall | ||||||
| 3 | be subject to review by the Prisoner Review Board. | ||||||
| 4 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
| 5 | awarded for the following: | ||||||
| 6 | (A) successful completion of programming while in | ||||||
| 7 | custody of the Department of Corrections or the Department | ||||||
| 8 | of Juvenile Justice or while in custody prior to | ||||||
| 9 | sentencing; | ||||||
| 10 | (B) compliance with the rules and regulations of the | ||||||
| 11 | Department; or | ||||||
| 12 | (C) service to the institution, service to a | ||||||
| 13 | community, or service to the State. | ||||||
| 14 | (2) Except as provided in paragraph (4.7) of this | ||||||
| 15 | subsection (a), the rules and regulations on sentence credit | ||||||
| 16 | shall provide, with respect to offenses listed in clause (i), | ||||||
| 17 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
| 18 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
| 19 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
| 20 | effective date of Public Act 94-71) or with respect to offense | ||||||
| 21 | listed in clause (vi) committed on or after June 1, 2008 (the | ||||||
| 22 | effective date of Public Act 95-625) or with respect to the | ||||||
| 23 | offense of unlawful possession of a firearm by a repeat felony | ||||||
| 24 | offender committed on or after August 2, 2005 (the effective | ||||||
| 25 | date of Public Act 94-398) or with respect to the offenses | ||||||
| 26 | listed in clause (v) of this paragraph (2) committed on or | ||||||
| |||||||
| |||||||
| 1 | after August 13, 2007 (the effective date of Public Act | ||||||
| 2 | 95-134) or with respect to the offense of aggravated domestic | ||||||
| 3 | battery committed on or after July 23, 2010 (the effective | ||||||
| 4 | date of Public Act 96-1224) or with respect to the offense of | ||||||
| 5 | attempt to commit terrorism committed on or after January 1, | ||||||
| 6 | 2013 (the effective date of Public Act 97-990), the following: | ||||||
| 7 | (i) that a prisoner who is serving a term of | ||||||
| 8 | imprisonment for first degree murder or for the offense of | ||||||
| 9 | terrorism shall receive no sentence credit and shall serve | ||||||
| 10 | the entire sentence imposed by the court; | ||||||
| 11 | (ii) that a prisoner serving a sentence for attempt to | ||||||
| 12 | commit terrorism, attempt to commit first degree murder, | ||||||
| 13 | solicitation of murder, solicitation of murder for hire, | ||||||
| 14 | intentional homicide of an unborn child, predatory | ||||||
| 15 | criminal sexual assault of a child, aggravated criminal | ||||||
| 16 | sexual assault, criminal sexual assault, aggravated | ||||||
| 17 | kidnapping, aggravated battery with a firearm as described | ||||||
| 18 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), | ||||||
| 19 | or (e)(4) of Section 12-3.05, heinous battery as described | ||||||
| 20 | in Section 12-4.1 or subdivision (a)(2) of Section | ||||||
| 21 | 12-3.05, unlawful possession of a firearm by a repeat | ||||||
| 22 | felony offender, aggravated battery of a senior citizen as | ||||||
| 23 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
| 24 | Section 12-3.05, or aggravated battery of a child as | ||||||
| 25 | described in Section 12-4.3 or subdivision (b)(1) of | ||||||
| 26 | Section 12-3.05 shall receive no more than 4.5 days of | ||||||
| |||||||
| |||||||
| 1 | sentence credit for each month of his or her sentence of | ||||||
| 2 | imprisonment; | ||||||
| 3 | (iii) that a prisoner serving a sentence for home | ||||||
| 4 | invasion, armed robbery, aggravated vehicular hijacking, | ||||||
| 5 | aggravated discharge of a firearm, or armed violence with | ||||||
| 6 | a category I weapon or category II weapon, when the court | ||||||
| 7 | has made and entered a finding, pursuant to subsection | ||||||
| 8 | (c-1) of Section 5-4-1 of this Code, that the conduct | ||||||
| 9 | leading to conviction for the enumerated offense resulted | ||||||
| 10 | in great bodily harm to a victim, shall receive no more | ||||||
| 11 | than 4.5 days of sentence credit for each month of his or | ||||||
| 12 | her sentence of imprisonment; | ||||||
| 13 | (iv) that a prisoner serving a sentence for aggravated | ||||||
| 14 | discharge of a firearm, whether or not the conduct leading | ||||||
| 15 | to conviction for the offense resulted in great bodily | ||||||
| 16 | harm to the victim, shall receive no more than 4.5 days of | ||||||
| 17 | sentence credit for each month of his or her sentence of | ||||||
| 18 | imprisonment; | ||||||
| 19 | (v) that a person serving a sentence for gunrunning, | ||||||
| 20 | narcotics racketeering, controlled substance trafficking, | ||||||
| 21 | methamphetamine trafficking, drug-induced homicide, | ||||||
| 22 | aggravated methamphetamine-related child endangerment, | ||||||
| 23 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
| 24 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
| 25 | Code of 2012, or a Class X felony conviction for delivery | ||||||
| 26 | of a controlled substance, possession of a controlled | ||||||
| |||||||
| |||||||
| 1 | substance with intent to manufacture or deliver, | ||||||
| 2 | calculated criminal drug conspiracy, criminal drug | ||||||
| 3 | conspiracy, street gang criminal drug conspiracy, | ||||||
| 4 | participation in methamphetamine manufacturing, | ||||||
| 5 | aggravated participation in methamphetamine | ||||||
| 6 | manufacturing, delivery of methamphetamine, possession | ||||||
| 7 | with intent to deliver methamphetamine, aggravated | ||||||
| 8 | delivery of methamphetamine, aggravated possession with | ||||||
| 9 | intent to deliver methamphetamine, methamphetamine | ||||||
| 10 | conspiracy when the substance containing the controlled | ||||||
| 11 | substance or methamphetamine is 100 grams or more shall | ||||||
| 12 | receive no more than 7.5 days sentence credit for each | ||||||
| 13 | month of his or her sentence of imprisonment; | ||||||
| 14 | (vi) that a prisoner serving a sentence for a second | ||||||
| 15 | or subsequent offense of luring a minor shall receive no | ||||||
| 16 | more than 4.5 days of sentence credit for each month of his | ||||||
| 17 | or her sentence of imprisonment; and | ||||||
| 18 | (vii) that a prisoner serving a sentence for | ||||||
| 19 | aggravated domestic battery shall receive no more than 4.5 | ||||||
| 20 | days of sentence credit for each month of his or her | ||||||
| 21 | sentence of imprisonment. | ||||||
| 22 | (2.1) For all offenses, other than those enumerated in | ||||||
| 23 | subdivision (a)(2)(i), (ii), or (iii) committed on or after | ||||||
| 24 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
| 25 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
| 26 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
| |||||||
| |||||||
| 1 | (the effective date of Public Act 95-134) or subdivision | ||||||
| 2 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
| 3 | date of Public Act 95-625) or subdivision (a)(2)(vii) | ||||||
| 4 | committed on or after July 23, 2010 (the effective date of | ||||||
| 5 | Public Act 96-1224), and other than the offense of aggravated | ||||||
| 6 | driving under the influence of alcohol, other drug or drugs, | ||||||
| 7 | or intoxicating compound or compounds, or any combination | ||||||
| 8 | thereof as defined in subparagraph (F) of paragraph (1) of | ||||||
| 9 | subsection (d) of Section 11-501 of the Illinois Vehicle Code, | ||||||
| 10 | and other than the offense of aggravated driving under the | ||||||
| 11 | influence of alcohol, other drug or drugs, or intoxicating | ||||||
| 12 | compound or compounds, or any combination thereof as defined | ||||||
| 13 | in subparagraph (C) of paragraph (1) of subsection (d) of | ||||||
| 14 | Section 11-501 of the Illinois Vehicle Code committed on or | ||||||
| 15 | after January 1, 2011 (the effective date of Public Act | ||||||
| 16 | 96-1230), the rules and regulations shall provide that a | ||||||
| 17 | prisoner who is serving a term of imprisonment shall receive | ||||||
| 18 | one day of sentence credit for each day of his or her sentence | ||||||
| 19 | of imprisonment or recommitment under Section 3-3-9. Each day | ||||||
| 20 | of sentence credit shall reduce by one day the prisoner's | ||||||
| 21 | period of imprisonment or recommitment under Section 3-3-9. | ||||||
| 22 | (2.2) A prisoner serving a term of natural life | ||||||
| 23 | imprisonment shall receive no sentence credit. | ||||||
| 24 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
| 25 | subsection (a), the rules and regulations on sentence credit | ||||||
| 26 | shall provide that a prisoner who is serving a sentence for | ||||||
| |||||||
| |||||||
| 1 | aggravated driving under the influence of alcohol, other drug | ||||||
| 2 | or drugs, or intoxicating compound or compounds, or any | ||||||
| 3 | combination thereof as defined in subparagraph (F) of | ||||||
| 4 | paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
| 5 | Illinois Vehicle Code, shall receive no more than 4.5 days of | ||||||
| 6 | sentence credit for each month of his or her sentence of | ||||||
| 7 | imprisonment. | ||||||
| 8 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
| 9 | subsection (a), the rules and regulations on sentence credit | ||||||
| 10 | shall provide with respect to the offenses of aggravated | ||||||
| 11 | battery with a machine gun or a firearm equipped with any | ||||||
| 12 | device or attachment designed or used for silencing the report | ||||||
| 13 | of a firearm or aggravated discharge of a machine gun or a | ||||||
| 14 | firearm equipped with any device or attachment designed or | ||||||
| 15 | used for silencing the report of a firearm, committed on or | ||||||
| 16 | after July 15, 1999 (the effective date of Public Act 91-121), | ||||||
| 17 | that a prisoner serving a sentence for any of these offenses | ||||||
| 18 | shall receive no more than 4.5 days of sentence credit for each | ||||||
| 19 | month of his or her sentence of imprisonment. | ||||||
| 20 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
| 21 | subsection (a), the rules and regulations on sentence credit | ||||||
| 22 | shall provide that a prisoner who is serving a sentence for | ||||||
| 23 | aggravated arson committed on or after July 27, 2001 (the | ||||||
| 24 | effective date of Public Act 92-176) shall receive no more | ||||||
| 25 | than 4.5 days of sentence credit for each month of his or her | ||||||
| 26 | sentence of imprisonment. | ||||||
| |||||||
| |||||||
| 1 | (2.6) 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 driving under the influence of alcohol, other drug | ||||||
| 5 | or drugs, or intoxicating compound or compounds or any | ||||||
| 6 | combination thereof as defined in subparagraph (C) of | ||||||
| 7 | paragraph (1) of subsection (d) of Section 11-501 of the | ||||||
| 8 | Illinois Vehicle Code committed on or after January 1, 2011 | ||||||
| 9 | (the effective date of Public Act 96-1230) shall receive no | ||||||
| 10 | more than 4.5 days of sentence credit for each month of his or | ||||||
| 11 | her sentence of imprisonment. | ||||||
| 12 | (3) In addition to the sentence credits earned under | ||||||
| 13 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||||||
| 14 | subsection (a), the rules and regulations shall also provide | ||||||
| 15 | that the Director of Corrections or the Director of Juvenile | ||||||
| 16 | Justice may award up to 180 days of earned sentence credit for | ||||||
| 17 | prisoners serving a sentence of incarceration of less than 5 | ||||||
| 18 | years, and up to 365 days of earned sentence credit for | ||||||
| 19 | prisoners serving a sentence of 5 years or longer. The | ||||||
| 20 | Director may grant this credit for good conduct in specific | ||||||
| 21 | instances as the either Director deems proper for eligible | ||||||
| 22 | persons in the custody of each Director's respective | ||||||
| 23 | Department. The good conduct may include, but is not limited | ||||||
| 24 | to, compliance with the rules and regulations of the | ||||||
| 25 | Department, service to the Department, service to a community, | ||||||
| 26 | or service to the State. | ||||||
| |||||||
| |||||||
| 1 | Eligible inmates for an award of earned sentence credit | ||||||
| 2 | under this paragraph (3) may be selected to receive the credit | ||||||
| 3 | at the either Director's or his or her designee's sole | ||||||
| 4 | discretion. Eligibility for the additional earned sentence | ||||||
| 5 | credit under this paragraph (3) shall may be based on, but is | ||||||
| 6 | not limited to, participation in programming offered by the | ||||||
| 7 | Department as appropriate for the prisoner based on the | ||||||
| 8 | results of any available risk/needs assessment or other | ||||||
| 9 | relevant assessments or evaluations administered by the | ||||||
| 10 | Department using a validated instrument, the circumstances of | ||||||
| 11 | the crime, any demonstrated commitment to rehabilitation by a | ||||||
| 12 | prisoner with a history of conviction for a forcible felony | ||||||
| 13 | enumerated in Section 2-8 of the Criminal Code of 2012, the | ||||||
| 14 | inmate's behavior and improvements in disciplinary history | ||||||
| 15 | while incarcerated, and the inmate's commitment to | ||||||
| 16 | rehabilitation, including participation in programming offered | ||||||
| 17 | by the Department. | ||||||
| 18 | The Director of Corrections or the Director of Juvenile | ||||||
| 19 | Justice shall not award sentence credit under this paragraph | ||||||
| 20 | (3) to an inmate unless the inmate has served a minimum of 60 | ||||||
| 21 | days of the sentence, including time served in a county jail; | ||||||
| 22 | except nothing in this paragraph shall be construed to permit | ||||||
| 23 | either Director to extend an inmate's sentence beyond that | ||||||
| 24 | which was imposed by the court. Prior to awarding credit under | ||||||
| 25 | this paragraph (3), each Director shall make a written | ||||||
| 26 | determination that the inmate: | ||||||
| |||||||
| |||||||
| 1 | (A) is eligible for the earned sentence credit; | ||||||
| 2 | (B) has served a minimum of 60 days, or as close to 60 | ||||||
| 3 | days as the sentence will allow; | ||||||
| 4 | (B-1) has received a risk/needs assessment or other | ||||||
| 5 | relevant evaluation or assessment administered by the | ||||||
| 6 | Department using a validated instrument; and | ||||||
| 7 | (C) has met the eligibility criteria established by | ||||||
| 8 | rule for earned sentence credit. | ||||||
| 9 | The Director of Corrections or the Director of Juvenile | ||||||
| 10 | Justice shall determine the form and content of the written | ||||||
| 11 | determination required in this subsection. | ||||||
| 12 | (3.5) The Department shall provide annual written reports | ||||||
| 13 | to the Governor and the General Assembly on the award of earned | ||||||
| 14 | sentence credit no later than February 1 of each year. The | ||||||
| 15 | Department must publish both reports on its website within 48 | ||||||
| 16 | hours of transmitting the reports to the Governor and the | ||||||
| 17 | General Assembly. The reports must include: | ||||||
| 18 | (A) the number of inmates awarded earned sentence | ||||||
| 19 | credit; | ||||||
| 20 | (B) the average amount of earned sentence credit | ||||||
| 21 | awarded; | ||||||
| 22 | (C) the holding offenses of inmates awarded earned | ||||||
| 23 | sentence credit; and | ||||||
| 24 | (D) the number of earned sentence credit revocations. | ||||||
| 25 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
| 26 | subsection (a), the rules and regulations shall also provide | ||||||
| |||||||
| |||||||
| 1 | that the sentence credit accumulated and retained under | ||||||
| 2 | paragraph (2.1) of subsection (a) of this Section by any | ||||||
| 3 | inmate during specific periods of time in which such inmate | ||||||
| 4 | any prisoner who is engaged full-time in substance abuse | ||||||
| 5 | programs, correctional industry assignments, educational | ||||||
| 6 | programs, work-release programs or activities in accordance | ||||||
| 7 | with Article 13 of Chapter III of this Code, behavior | ||||||
| 8 | modification programs, life skills courses, or re-entry | ||||||
| 9 | planning provided by the Department under this paragraph (4) | ||||||
| 10 | and satisfactorily completes the assigned program as | ||||||
| 11 | determined by the standards of the Department, shall receive | ||||||
| 12 | be multiplied by a factor of 1.25 for program participation | ||||||
| 13 | before August 11, 1993 and 1.50 for program participation on | ||||||
| 14 | or after that date one day of sentence credit for each day in | ||||||
| 15 | which that prisoner is engaged in the activities described in | ||||||
| 16 | this paragraph. The rules and regulations shall also provide | ||||||
| 17 | that sentence credit , subject to the same offense limits and | ||||||
| 18 | multiplier provided in this paragraph, may be provided to an | ||||||
| 19 | inmate who was held in pre-trial detention prior to his or her | ||||||
| 20 | current commitment to the Department of Corrections and | ||||||
| 21 | successfully completed a full-time, 60-day or longer substance | ||||||
| 22 | abuse program, educational program, behavior modification | ||||||
| 23 | program, life skills course, or re-entry planning provided by | ||||||
| 24 | the county department of corrections or county jail. | ||||||
| 25 | Calculation of this county program credit shall be done at | ||||||
| 26 | sentencing as provided in Section 5-4.5-100 of this Code and | ||||||
| |||||||
| |||||||
| 1 | shall be included in the sentencing order. However, no inmate | ||||||
| 2 | shall be eligible for the additional sentence credit under | ||||||
| 3 | this paragraph (4) or (4.1) of this subsection (a) while | ||||||
| 4 | assigned to a boot camp or electronic detention. The rules and | ||||||
| 5 | regulations shall also provide that sentence credit may be | ||||||
| 6 | provided to an inmate who is in compliance with programming | ||||||
| 7 | requirements in an adult transition center. | ||||||
| 8 | (B) The Department shall award sentence credit under this | ||||||
| 9 | paragraph (4) accumulated prior to January 1, 2020 (the | ||||||
| 10 | effective date of Public Act 101-440) in an amount specified | ||||||
| 11 | in subparagraph (C) of this paragraph (4) to an inmate serving | ||||||
| 12 | a sentence for an offense committed prior to June 19, 1998, if | ||||||
| 13 | the Department determines that the inmate is entitled to this | ||||||
| 14 | sentence credit, based upon: | ||||||
| 15 | (i) documentation provided by the Department that the | ||||||
| 16 | inmate engaged in any full-time substance abuse programs, | ||||||
| 17 | correctional industry assignments, educational programs, | ||||||
| 18 | behavior modification programs, life skills courses, or | ||||||
| 19 | re-entry planning provided by the Department under this | ||||||
| 20 | paragraph (4) and satisfactorily completed the assigned | ||||||
| 21 | program as determined by the standards of the Department | ||||||
| 22 | during the inmate's current term of incarceration; or | ||||||
| 23 | (ii) the inmate's own testimony in the form of an | ||||||
| 24 | affidavit or documentation, or a third party's | ||||||
| 25 | documentation or testimony in the form of an affidavit | ||||||
| 26 | that the inmate likely engaged in any full-time substance | ||||||
| |||||||
| |||||||
| 1 | abuse programs, correctional industry assignments, | ||||||
| 2 | educational programs, behavior modification programs, life | ||||||
| 3 | skills courses, or re-entry planning provided by the | ||||||
| 4 | Department under paragraph (4) and satisfactorily | ||||||
| 5 | completed the assigned program as determined by the | ||||||
| 6 | standards of the Department during the inmate's current | ||||||
| 7 | term of incarceration. | ||||||
| 8 | (C) If the inmate can provide documentation that he or she | ||||||
| 9 | is entitled to sentence credit under subparagraph (B) in | ||||||
| 10 | excess of 45 days of participation in those programs, the | ||||||
| 11 | inmate shall receive 90 days of sentence credit. If the inmate | ||||||
| 12 | cannot provide documentation of more than 45 days of | ||||||
| 13 | participation in those programs, the inmate shall receive 45 | ||||||
| 14 | days of sentence credit. In the event of a disagreement | ||||||
| 15 | between the Department and the inmate as to the amount of | ||||||
| 16 | credit accumulated under subparagraph (B), if the Department | ||||||
| 17 | provides documented proof of a lesser amount of days of | ||||||
| 18 | participation in those programs, that proof shall control. If | ||||||
| 19 | the Department provides no documentary proof, the inmate's | ||||||
| 20 | proof as set forth in clause (ii) of subparagraph (B) shall | ||||||
| 21 | control as to the amount of sentence credit provided. | ||||||
| 22 | (D) If the inmate has been convicted of a sex offense as | ||||||
| 23 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
| 24 | sentencing credits under subparagraph (B) of this paragraph | ||||||
| 25 | (4) shall be awarded by the Department only if the conditions | ||||||
| 26 | set forth in paragraph (4.6) of subsection (a) are satisfied. | ||||||
| |||||||
| |||||||
| 1 | No inmate serving a term of natural life imprisonment shall | ||||||
| 2 | receive sentence credit under subparagraph (B) of this | ||||||
| 3 | paragraph (4). | ||||||
| 4 | (E) The rules and regulations shall provide for the | ||||||
| 5 | recalculation of program credits awarded pursuant to this | ||||||
| 6 | paragraph (4) prior to July 1, 2021 (the effective date of | ||||||
| 7 | Public Act 101-652) at the rate set for such credits on and | ||||||
| 8 | after July 1, 2021. | ||||||
| 9 | Educational, vocational, substance abuse, behavior | ||||||
| 10 | modification programs, life skills courses, re-entry planning, | ||||||
| 11 | and correctional industry programs under which sentence credit | ||||||
| 12 | may be earned under this paragraph (4) and paragraph (4.1) of | ||||||
| 13 | this subsection (a) shall be evaluated by the Department on | ||||||
| 14 | the basis of documented standards. The Department shall report | ||||||
| 15 | the results of these evaluations to the Governor and the | ||||||
| 16 | General Assembly by September 30th of each year. The reports | ||||||
| 17 | shall include data relating to the recidivism rate among | ||||||
| 18 | program participants. | ||||||
| 19 | Availability of these programs shall be subject to the | ||||||
| 20 | limits of fiscal resources appropriated by the General | ||||||
| 21 | Assembly for these purposes. Eligible inmates who are denied | ||||||
| 22 | immediate admission shall be placed on a waiting list under | ||||||
| 23 | criteria established by the Department. The rules and | ||||||
| 24 | regulations shall provide that a prisoner who has been placed | ||||||
| 25 | on a waiting list but is transferred for non-disciplinary | ||||||
| 26 | reasons before beginning a program shall receive priority | ||||||
| |||||||
| |||||||
| 1 | placement on the waitlist for appropriate programs at the new | ||||||
| 2 | facility. The inability of any inmate to become engaged in any | ||||||
| 3 | such programs by reason of insufficient program resources or | ||||||
| 4 | for any other reason established under the rules and | ||||||
| 5 | regulations of the Department shall not be deemed a cause of | ||||||
| 6 | action under which the Department or any employee or agent of | ||||||
| 7 | the Department shall be liable for damages to the inmate. The | ||||||
| 8 | rules and regulations shall provide that a prisoner who begins | ||||||
| 9 | an educational, vocational, substance abuse, work-release | ||||||
| 10 | programs or activities in accordance with Article 13 of | ||||||
| 11 | Chapter III of this Code, behavior modification program, life | ||||||
| 12 | skills course, re-entry planning, or correctional industry | ||||||
| 13 | programs but is unable to complete the program due to illness, | ||||||
| 14 | disability, transfer, lockdown, or another reason outside of | ||||||
| 15 | the prisoner's control shall receive prorated sentence credits | ||||||
| 16 | for the days in which the prisoner did participate. | ||||||
| 17 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
| 18 | subsection (a), the rules and regulations shall also provide | ||||||
| 19 | that an additional 90 days of sentence credit shall be awarded | ||||||
| 20 | to any prisoner who passes high school equivalency testing | ||||||
| 21 | while the prisoner is committed to the Department of | ||||||
| 22 | Corrections. The sentence credit awarded under this paragraph | ||||||
| 23 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
| 24 | of sentence credit under any other paragraph of this Section, | ||||||
| 25 | but shall also be pursuant to the guidelines and restrictions | ||||||
| 26 | set forth in paragraph (4) of subsection (a) of this Section. | ||||||
| |||||||
| |||||||
| 1 | The sentence credit provided for in this paragraph shall be | ||||||
| 2 | available only to those prisoners who have not previously | ||||||
| 3 | earned a high school diploma or a State of Illinois High School | ||||||
| 4 | Diploma. If, after an award of the high school equivalency | ||||||
| 5 | testing sentence credit has been made, the Department | ||||||
| 6 | determines that the prisoner was not eligible, then the award | ||||||
| 7 | shall be revoked. The Department may also award 90 days of | ||||||
| 8 | sentence credit to any committed person who passed high school | ||||||
| 9 | equivalency testing while he or she was held in pre-trial | ||||||
| 10 | detention prior to the current commitment to the Department of | ||||||
| 11 | Corrections. Except as provided in paragraph (4.7) of this | ||||||
| 12 | subsection (a), the rules and regulations shall provide that | ||||||
| 13 | an additional 120 days of sentence credit shall be awarded to | ||||||
| 14 | any prisoner who obtains an associate degree while the | ||||||
| 15 | prisoner is committed to the Department of Corrections, | ||||||
| 16 | regardless of the date that the associate degree was obtained, | ||||||
| 17 | including if prior to July 1, 2021 (the effective date of | ||||||
| 18 | Public Act 101-652). The sentence credit awarded under this | ||||||
| 19 | paragraph (4.1) shall be in addition to, and shall not affect, | ||||||
| 20 | the award of sentence credit under any other paragraph of this | ||||||
| 21 | Section, but shall also be under the guidelines and | ||||||
| 22 | restrictions set forth in paragraph (4) of subsection (a) of | ||||||
| 23 | this Section. The sentence credit provided for in this | ||||||
| 24 | paragraph (4.1) shall be available only to those prisoners who | ||||||
| 25 | have not previously earned an associate degree prior to the | ||||||
| 26 | current commitment to the Department of Corrections. If, after | ||||||
| |||||||
| |||||||
| 1 | an award of the associate degree sentence credit has been made | ||||||
| 2 | and the Department determines that the prisoner was not | ||||||
| 3 | eligible, then the award shall be revoked. The Department may | ||||||
| 4 | also award 120 days of sentence credit to any committed person | ||||||
| 5 | who earned an associate degree while he or she was held in | ||||||
| 6 | pre-trial detention prior to the current commitment to the | ||||||
| 7 | Department of Corrections. | ||||||
| 8 | Except as provided in paragraph (4.7) of this subsection | ||||||
| 9 | (a), the rules and regulations shall provide that an | ||||||
| 10 | additional 180 days of sentence credit shall be awarded to any | ||||||
| 11 | prisoner who obtains a bachelor's degree while the prisoner is | ||||||
| 12 | committed to the Department of Corrections. The sentence | ||||||
| 13 | credit awarded under this paragraph (4.1) shall be in addition | ||||||
| 14 | to, and shall not affect, the award of sentence credit under | ||||||
| 15 | any other paragraph of this Section, but shall also be under | ||||||
| 16 | the guidelines and restrictions set forth in paragraph (4) of | ||||||
| 17 | this subsection (a). The sentence credit provided for in this | ||||||
| 18 | paragraph shall be available only to those prisoners who have | ||||||
| 19 | not earned a bachelor's degree prior to the current commitment | ||||||
| 20 | to the Department of Corrections. If, after an award of the | ||||||
| 21 | bachelor's degree sentence credit has been made, the | ||||||
| 22 | Department determines that the prisoner was not eligible, then | ||||||
| 23 | the award shall be revoked. The Department may also award 180 | ||||||
| 24 | days of sentence credit to any committed person who earned a | ||||||
| 25 | bachelor's degree while he or she was held in pre-trial | ||||||
| 26 | detention prior to the current commitment to the Department of | ||||||
| |||||||
| |||||||
| 1 | Corrections. | ||||||
| 2 | Except as provided in paragraph (4.7) of this subsection | ||||||
| 3 | (a), the rules and regulations shall provide that an | ||||||
| 4 | additional 180 days of sentence credit shall be awarded to any | ||||||
| 5 | prisoner who obtains a master's or professional degree while | ||||||
| 6 | the prisoner is committed to the Department of Corrections. | ||||||
| 7 | The sentence credit awarded under this paragraph (4.1) shall | ||||||
| 8 | be in addition to, and shall not affect, the award of sentence | ||||||
| 9 | credit under any other paragraph of this Section, but shall | ||||||
| 10 | also be under the guidelines and restrictions set forth in | ||||||
| 11 | paragraph (4) of this subsection (a). The sentence credit | ||||||
| 12 | provided for in this paragraph shall be available only to | ||||||
| 13 | those prisoners who have not previously earned a master's or | ||||||
| 14 | professional degree prior to the current commitment to the | ||||||
| 15 | Department of Corrections. If, after an award of the master's | ||||||
| 16 | or professional degree sentence credit has been made, the | ||||||
| 17 | Department determines that the prisoner was not eligible, then | ||||||
| 18 | the award shall be revoked. The Department may also award 180 | ||||||
| 19 | days of sentence credit to any committed person who earned a | ||||||
| 20 | master's or professional degree while he or she was held in | ||||||
| 21 | pre-trial detention prior to the current commitment to the | ||||||
| 22 | Department of Corrections. | ||||||
| 23 | (4.2)(A) The rules and regulations shall also provide that | ||||||
| 24 | any prisoner engaged in self-improvement programs, volunteer | ||||||
| 25 | work, or work assignments that are not otherwise eligible | ||||||
| 26 | activities under paragraph (4), shall receive up to 0.5 days | ||||||
| |||||||
| |||||||
| 1 | of sentence credit for each day in which the prisoner is | ||||||
| 2 | engaged in activities described in this paragraph. | ||||||
| 3 | (B) The rules and regulations shall provide for the award | ||||||
| 4 | of sentence credit under this paragraph (4.2) for qualifying | ||||||
| 5 | days of engagement in eligible activities occurring prior to | ||||||
| 6 | July 1, 2021 (the effective date of Public Act 101-652). | ||||||
| 7 | (4.5) The rules and regulations on sentence credit shall | ||||||
| 8 | also provide that when the court's sentencing order recommends | ||||||
| 9 | a prisoner for substance abuse treatment and the crime was | ||||||
| 10 | committed on or after September 1, 2003 (the effective date of | ||||||
| 11 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
| 12 | credit awarded under clause (3) of this subsection (a) unless | ||||||
| 13 | he or she participates in and completes a substance abuse | ||||||
| 14 | treatment program. The Director of Corrections may waive the | ||||||
| 15 | requirement to participate in or complete a substance abuse | ||||||
| 16 | treatment program in specific instances if the prisoner is not | ||||||
| 17 | a good candidate for a substance abuse treatment program for | ||||||
| 18 | medical, programming, or operational reasons. Availability of | ||||||
| 19 | substance abuse treatment shall be subject to the limits of | ||||||
| 20 | fiscal resources appropriated by the General Assembly for | ||||||
| 21 | these purposes. If treatment is not available and the | ||||||
| 22 | requirement to participate and complete the treatment has not | ||||||
| 23 | been waived by the Director, the prisoner shall be placed on a | ||||||
| 24 | waiting list under criteria established by the Department. The | ||||||
| 25 | Director may allow a prisoner placed on a waiting list to | ||||||
| 26 | participate in and complete a substance abuse education class | ||||||
| |||||||
| |||||||
| 1 | or attend substance abuse self-help meetings in lieu of a | ||||||
| 2 | substance abuse treatment program. A prisoner on a waiting | ||||||
| 3 | list who is not placed in a substance abuse program prior to | ||||||
| 4 | release may be eligible for a waiver and receive sentence | ||||||
| 5 | credit under clause (3) of this subsection (a) at the | ||||||
| 6 | discretion of the Director. | ||||||
| 7 | (4.6) The rules and regulations on sentence credit shall | ||||||
| 8 | also provide that a prisoner who has been convicted of a sex | ||||||
| 9 | offense as defined in Section 2 of the Sex Offender | ||||||
| 10 | Registration Act shall receive no sentence credit unless he or | ||||||
| 11 | she either has successfully completed or is participating in | ||||||
| 12 | sex offender treatment as defined by the Sex Offender | ||||||
| 13 | Management Board. However, prisoners who are waiting to | ||||||
| 14 | receive treatment, but who are unable to do so due solely to | ||||||
| 15 | the lack of resources on the part of the Department, may, at | ||||||
| 16 | either Director's sole discretion, be awarded sentence credit | ||||||
| 17 | at a rate as the Director shall determine. | ||||||
| 18 | (4.7) On or after January 1, 2018 (the effective date of | ||||||
| 19 | Public Act 100-3), sentence credit under paragraph (3), (4), | ||||||
| 20 | or (4.1) of this subsection (a) may be awarded to a prisoner | ||||||
| 21 | who is serving a sentence for an offense described in | ||||||
| 22 | paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned | ||||||
| 23 | on or after January 1, 2018 (the effective date of Public Act | ||||||
| 24 | 100-3); provided, the award of the credits under this | ||||||
| 25 | paragraph (4.7) shall not reduce the sentence of the prisoner | ||||||
| 26 | to less than the following amounts: | ||||||
| |||||||
| |||||||
| 1 | (i) 85% of his or her sentence if the prisoner is | ||||||
| 2 | required to serve 85% of his or her sentence; or | ||||||
| 3 | (ii) 60% of his or her sentence if the prisoner is | ||||||
| 4 | required to serve 75% of his or her sentence, except if the | ||||||
| 5 | prisoner is serving a sentence for gunrunning his or her | ||||||
| 6 | sentence shall not be reduced to less than 75%. | ||||||
| 7 | (iii) 100% of his or her sentence if the prisoner is | ||||||
| 8 | required to serve 100% of his or her sentence. | ||||||
| 9 | (5) Whenever the Department is to release any inmate | ||||||
| 10 | earlier than it otherwise would because of a grant of earned | ||||||
| 11 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
| 12 | Section given at any time during the term, the Department | ||||||
| 13 | shall give reasonable notice of the impending release not less | ||||||
| 14 | than 14 days prior to the date of the release to the State's | ||||||
| 15 | Attorney of the county where the prosecution of the inmate | ||||||
| 16 | took place, and if applicable, the State's Attorney of the | ||||||
| 17 | county into which the inmate will be released. The Department | ||||||
| 18 | must also make identification information and a recent photo | ||||||
| 19 | of the inmate being released accessible on the Internet by | ||||||
| 20 | means of a hyperlink labeled "Community Notification of Inmate | ||||||
| 21 | Early Release" on the Department's World Wide Web homepage. | ||||||
| 22 | The identification information shall include the inmate's: | ||||||
| 23 | name, any known alias, date of birth, physical | ||||||
| 24 | characteristics, commitment offense, and county where | ||||||
| 25 | conviction was imposed. The identification information shall | ||||||
| 26 | be placed on the website within 3 days of the inmate's release | ||||||
| |||||||
| |||||||
| 1 | and the information may not be removed until either: | ||||||
| 2 | completion of the first year of mandatory supervised release | ||||||
| 3 | or return of the inmate to custody of the Department. | ||||||
| 4 | (b) Whenever a person is or has been committed under | ||||||
| 5 | several convictions, with separate sentences, the sentences | ||||||
| 6 | shall be construed under Section 5-8-4 in granting and | ||||||
| 7 | forfeiting of sentence credit. | ||||||
| 8 | (c) (1) The Department shall prescribe rules and | ||||||
| 9 | regulations for revoking sentence credit, including revoking | ||||||
| 10 | sentence credit awarded under paragraph (3) of subsection (a) | ||||||
| 11 | of this Section. The Department shall prescribe rules and | ||||||
| 12 | regulations establishing and requiring the use of a sanctions | ||||||
| 13 | matrix for revoking sentence credit. The Department shall | ||||||
| 14 | prescribe rules and regulations for suspending or reducing the | ||||||
| 15 | rate of accumulation of sentence credit for specific rule | ||||||
| 16 | violations, during imprisonment. These rules and regulations | ||||||
| 17 | shall provide that no inmate may be penalized more than one | ||||||
| 18 | year of sentence credit for any one infraction. | ||||||
| 19 | (2) When the Department seeks to revoke, suspend, or | ||||||
| 20 | reduce the rate of accumulation of any sentence credits for an | ||||||
| 21 | alleged infraction of its rules, it shall bring charges | ||||||
| 22 | therefor against the prisoner sought to be so deprived of | ||||||
| 23 | sentence credits before the Prisoner Review Board as provided | ||||||
| 24 | in subparagraph (a)(4) of Section 3-3-2 of this Code, if the | ||||||
| 25 | amount of credit at issue exceeds 30 days, whether from one | ||||||
| 26 | infraction or cumulatively from multiple infractions arising | ||||||
| |||||||
| |||||||
| 1 | out of a single event, or when, during any 12-month period, the | ||||||
| 2 | cumulative amount of credit revoked exceeds 30 days except | ||||||
| 3 | where the infraction is committed or discovered within 60 days | ||||||
| 4 | of scheduled release. In those cases, the Department of | ||||||
| 5 | Corrections may revoke up to 30 days of sentence credit. The | ||||||
| 6 | Board may subsequently approve the revocation of additional | ||||||
| 7 | sentence credit, if the Department seeks to revoke sentence | ||||||
| 8 | credit in excess of 30 days. However, the Board shall not be | ||||||
| 9 | empowered to review the Department's decision with respect to | ||||||
| 10 | the loss of 30 days of sentence credit within any calendar year | ||||||
| 11 | for any prisoner or to increase any penalty beyond the length | ||||||
| 12 | requested by the Department. | ||||||
| 13 | (3) The Director of Corrections or the Director of | ||||||
| 14 | Juvenile Justice, in appropriate cases, may restore up to 30 | ||||||
| 15 | days of sentence credits which have been revoked, suspended, | ||||||
| 16 | or reduced. Any restoration of sentence credits in excess of | ||||||
| 17 | 30 days shall be subject to review by the Prisoner Review | ||||||
| 18 | Board. However, the Board may not restore sentence credit in | ||||||
| 19 | excess of the amount requested by the Director. The Department | ||||||
| 20 | shall prescribe rules and regulations governing the | ||||||
| 21 | restoration of sentence credits. These rules and regulations | ||||||
| 22 | shall provide for the automatic restoration of sentence | ||||||
| 23 | credits following a period in which the prisoner maintains a | ||||||
| 24 | record without a disciplinary violation. | ||||||
| 25 | Nothing contained in this Section shall prohibit the | ||||||
| 26 | Prisoner Review Board from ordering, pursuant to Section | ||||||
| |||||||
| |||||||
| 1 | 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the | ||||||
| 2 | sentence imposed by the court that was not served due to the | ||||||
| 3 | accumulation of sentence credit. | ||||||
| 4 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
| 5 | federal court against the State, the Department of | ||||||
| 6 | Corrections, or the Prisoner Review Board, or against any of | ||||||
| 7 | their officers or employees, and the court makes a specific | ||||||
| 8 | finding that a pleading, motion, or other paper filed by the | ||||||
| 9 | prisoner is frivolous, the Department of Corrections shall | ||||||
| 10 | conduct a hearing to revoke up to 180 days of sentence credit | ||||||
| 11 | by bringing charges against the prisoner sought to be deprived | ||||||
| 12 | of the sentence credits before the Prisoner Review Board as | ||||||
| 13 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code. | ||||||
| 14 | If the prisoner has not accumulated 180 days of sentence | ||||||
| 15 | credit at the time of the finding, then the Prisoner Review | ||||||
| 16 | Board may revoke all sentence credit accumulated by the | ||||||
| 17 | prisoner. | ||||||
| 18 | For purposes of this subsection (d): | ||||||
| 19 | (1) "Frivolous" means that a pleading, motion, or | ||||||
| 20 | other filing which purports to be a legal document filed | ||||||
| 21 | by a prisoner in his or her lawsuit meets any or all of the | ||||||
| 22 | following criteria: | ||||||
| 23 | (A) it lacks an arguable basis either in law or in | ||||||
| 24 | fact; | ||||||
| 25 | (B) it is being presented for any improper | ||||||
| 26 | purpose, such as to harass or to cause unnecessary | ||||||
| |||||||
| |||||||
| 1 | delay or needless increase in the cost of litigation; | ||||||
| 2 | (C) the claims, defenses, and other legal | ||||||
| 3 | contentions therein are not warranted by existing law | ||||||
| 4 | or by a nonfrivolous argument for the extension, | ||||||
| 5 | modification, or reversal of existing law or the | ||||||
| 6 | establishment of new law; | ||||||
| 7 | (D) the allegations and other factual contentions | ||||||
| 8 | do not have evidentiary support or, if specifically so | ||||||
| 9 | identified, are not likely to have evidentiary support | ||||||
| 10 | after a reasonable opportunity for further | ||||||
| 11 | investigation or discovery; or | ||||||
| 12 | (E) the denials of factual contentions are not | ||||||
| 13 | warranted on the evidence, or if specifically so | ||||||
| 14 | identified, are not reasonably based on a lack of | ||||||
| 15 | information or belief. | ||||||
| 16 | (2) "Lawsuit" means a motion pursuant to Section 116-3 | ||||||
| 17 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
| 18 | action under Article X of the Code of Civil Procedure or | ||||||
| 19 | under federal law (28 U.S.C. 2254), a petition for claim | ||||||
| 20 | under the Court of Claims Act, an action under the federal | ||||||
| 21 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
| 22 | subsequent petition for post-conviction relief under | ||||||
| 23 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
| 24 | whether filed with or without leave of court or a second or | ||||||
| 25 | subsequent petition for relief from judgment under Section | ||||||
| 26 | 2-1401 of the Code of Civil Procedure. | ||||||
| |||||||
| |||||||
| 1 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
| 2 | validity of Public Act 89-404. | ||||||
| 3 | (f) Whenever the Department is to release any inmate who | ||||||
| 4 | has been convicted of a violation of an order of protection | ||||||
| 5 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
| 6 | the Criminal Code of 2012, earlier than it otherwise would | ||||||
| 7 | because of a grant of sentence credit, the Department, as a | ||||||
| 8 | condition of release, shall require that the person, upon | ||||||
| 9 | release, be placed under electronic surveillance as provided | ||||||
| 10 | in Section 5-8A-7 of this Code. | ||||||
| 11 | (Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
| 12 | 102-784, eff. 5-13-22; 102-1100, eff. 1-1-23; 103-51, eff. | ||||||
| 13 | 1-1-24; 103-154, eff. 6-30-23; 103-330, eff. 1-1-24; 103-605, | ||||||
| 14 | eff. 7-1-24; 103-822, eff. 1-1-25.) | ||||||
| 15 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1) | ||||||
| 16 | Sec. 5-4-1. Sentencing hearing. | ||||||
| 17 | (a) After a determination of guilt, a hearing shall be | ||||||
| 18 | held to impose the sentence. However, prior to the imposition | ||||||
| 19 | of sentence on an individual being sentenced for an offense | ||||||
| 20 | based upon a charge for a violation of Section 11-501 of the | ||||||
| 21 | Illinois Vehicle Code or a similar provision of a local | ||||||
| 22 | ordinance, the individual must undergo a professional | ||||||
| 23 | evaluation to determine if an alcohol or other drug abuse | ||||||
| 24 | problem exists and the extent of such a problem. Programs | ||||||
| 25 | conducting these evaluations shall be licensed by the | ||||||
| |||||||
| |||||||
| 1 | Department of Human Services. However, if the individual is | ||||||
| 2 | not a resident of Illinois, the court may, in its discretion, | ||||||
| 3 | accept an evaluation from a program in the state of such | ||||||
| 4 | individual's residence. The court shall make a specific | ||||||
| 5 | finding about whether the defendant is eligible for | ||||||
| 6 | participation in a Department impact incarceration program as | ||||||
| 7 | provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an | ||||||
| 8 | explanation as to why a sentence to impact incarceration is | ||||||
| 9 | not an appropriate sentence. The court may in its sentencing | ||||||
| 10 | order recommend a defendant for placement in a Department of | ||||||
| 11 | Corrections substance abuse treatment program as provided in | ||||||
| 12 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
| 13 | upon the defendant being accepted in a program by the | ||||||
| 14 | Department of Corrections. At the hearing the court shall: | ||||||
| 15 | (1) consider the evidence, if any, received upon the | ||||||
| 16 | trial; | ||||||
| 17 | (2) consider any presentence reports; | ||||||
| 18 | (3) consider the financial impact of incarceration | ||||||
| 19 | based on the financial impact statement filed with the | ||||||
| 20 | clerk of the court by the Department of Corrections; | ||||||
| 21 | (4) consider evidence and information offered by the | ||||||
| 22 | parties in aggravation and mitigation; | ||||||
| 23 | (4.5) consider substance abuse treatment, eligibility | ||||||
| 24 | screening, and an assessment, if any, of the defendant by | ||||||
| 25 | an agent designated by the State of Illinois to provide | ||||||
| 26 | assessment services for the Illinois courts; | ||||||
| |||||||
| |||||||
| 1 | (5) hear arguments as to sentencing alternatives; | ||||||
| 2 | (6) afford the defendant the opportunity to make a | ||||||
| 3 | statement in his own behalf; | ||||||
| 4 | (7) afford the victim of a violent crime or a | ||||||
| 5 | violation of Section 11-501 of the Illinois Vehicle Code, | ||||||
| 6 | or a similar provision of a local ordinance, the | ||||||
| 7 | opportunity to present an oral or written statement, as | ||||||
| 8 | guaranteed by Article I, Section 8.1 of the Illinois | ||||||
| 9 | Constitution and provided in Section 6 of the Rights of | ||||||
| 10 | Crime Victims and Witnesses Act. The court shall allow a | ||||||
| 11 | victim to make an oral statement if the victim is present | ||||||
| 12 | in the courtroom and requests to make an oral or written | ||||||
| 13 | statement. An oral or written statement includes the | ||||||
| 14 | victim or a representative of the victim reading the | ||||||
| 15 | written statement. The court may allow persons impacted by | ||||||
| 16 | the crime who are not victims under subsection (a) of | ||||||
| 17 | Section 3 of the Rights of Crime Victims and Witnesses Act | ||||||
| 18 | to present an oral or written statement. A victim and any | ||||||
| 19 | person making an oral statement shall not be put under | ||||||
| 20 | oath or subject to cross-examination. All statements | ||||||
| 21 | offered under this paragraph (7) shall become part of the | ||||||
| 22 | record of the court. In this paragraph (7), "victim of a | ||||||
| 23 | violent crime" means a person who is a victim of a violent | ||||||
| 24 | crime for which the defendant has been convicted after a | ||||||
| 25 | bench or jury trial or a person who is the victim of a | ||||||
| 26 | violent crime with which the defendant was charged and the | ||||||
| |||||||
| |||||||
| 1 | defendant has been convicted under a plea agreement of a | ||||||
| 2 | crime that is not a violent crime as defined in subsection | ||||||
| 3 | (c) of 3 of the Rights of Crime Victims and Witnesses Act; | ||||||
| 4 | (7.5) afford a qualified person affected by: (i) a | ||||||
| 5 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
| 6 | Illinois Controlled Substances Act or a violation of | ||||||
| 7 | Section 55 or Section 65 of the Methamphetamine Control | ||||||
| 8 | and Community Protection Act; or (ii) a Class 4 felony | ||||||
| 9 | violation of Section 11-14, 11-14.3 except as described in | ||||||
| 10 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
| 11 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
| 12 | Criminal Code of 2012, committed by the defendant the | ||||||
| 13 | opportunity to make a statement concerning the impact on | ||||||
| 14 | the qualified person and to offer evidence in aggravation | ||||||
| 15 | or mitigation; provided that the statement and evidence | ||||||
| 16 | offered in aggravation or mitigation shall first be | ||||||
| 17 | prepared in writing in conjunction with the State's | ||||||
| 18 | Attorney before it may be presented orally at the hearing. | ||||||
| 19 | Sworn testimony offered by the qualified person is subject | ||||||
| 20 | to the defendant's right to cross-examine. All statements | ||||||
| 21 | and evidence offered under this paragraph (7.5) shall | ||||||
| 22 | become part of the record of the court. In this paragraph | ||||||
| 23 | (7.5), "qualified person" means any person who: (i) lived | ||||||
| 24 | or worked within the territorial jurisdiction where the | ||||||
| 25 | offense took place when the offense took place; or (ii) is | ||||||
| 26 | familiar with various public places within the territorial | ||||||
| |||||||
| |||||||
| 1 | jurisdiction where the offense took place when the offense | ||||||
| 2 | took place. "Qualified person" includes any peace officer | ||||||
| 3 | or any member of any duly organized State, county, or | ||||||
| 4 | municipal peace officer unit assigned to the territorial | ||||||
| 5 | jurisdiction where the offense took place when the offense | ||||||
| 6 | took place; | ||||||
| 7 | (8) in cases of reckless homicide afford the victim's | ||||||
| 8 | spouse, guardians, parents or other immediate family | ||||||
| 9 | members an opportunity to make oral statements; | ||||||
| 10 | (9) in cases involving a felony sex offense as defined | ||||||
| 11 | under the Sex Offender Management Board Act, consider the | ||||||
| 12 | results of the sex offender evaluation conducted pursuant | ||||||
| 13 | to Section 5-3-2 of this Act; and | ||||||
| 14 | (10) make a finding of whether a motor vehicle was | ||||||
| 15 | used in the commission of the offense for which the | ||||||
| 16 | defendant is being sentenced. | ||||||
| 17 | (b) All sentences shall be imposed by the judge based upon | ||||||
| 18 | his independent assessment of the elements specified above and | ||||||
| 19 | any agreement as to sentence reached by the parties. The judge | ||||||
| 20 | who presided at the trial or the judge who accepted the plea of | ||||||
| 21 | guilty shall impose the sentence unless he is no longer | ||||||
| 22 | sitting as a judge in that court. Where the judge does not | ||||||
| 23 | impose sentence at the same time on all defendants who are | ||||||
| 24 | convicted as a result of being involved in the same offense, | ||||||
| 25 | the defendant or the State's Attorney may advise the | ||||||
| 26 | sentencing court of the disposition of any other defendants | ||||||
| |||||||
| |||||||
| 1 | who have been sentenced. | ||||||
| 2 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
| 3 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
| 4 | sentence of probation or conditional discharge is an available | ||||||
| 5 | sentence, if the defendant has no prior sentence of probation | ||||||
| 6 | or conditional discharge and no prior conviction for a violent | ||||||
| 7 | crime, the defendant shall not be sentenced to imprisonment | ||||||
| 8 | before review and consideration of a presentence report and | ||||||
| 9 | determination and explanation of why the particular evidence, | ||||||
| 10 | information, factor in aggravation, factual finding, or other | ||||||
| 11 | reasons support a sentencing determination that one or more of | ||||||
| 12 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
| 13 | apply and that probation or conditional discharge is not an | ||||||
| 14 | appropriate sentence. | ||||||
| 15 | (c) In imposing a sentence for a violent crime or for an | ||||||
| 16 | offense of operating or being in physical control of a vehicle | ||||||
| 17 | while under the influence of alcohol, any other drug or any | ||||||
| 18 | combination thereof, or a similar provision of a local | ||||||
| 19 | ordinance, when such offense resulted in the personal injury | ||||||
| 20 | to someone other than the defendant, the trial judge shall | ||||||
| 21 | specify on the record the particular evidence, information, | ||||||
| 22 | factors in mitigation and aggravation or other reasons that | ||||||
| 23 | led to his sentencing determination. The full verbatim record | ||||||
| 24 | of the sentencing hearing shall be filed with the clerk of the | ||||||
| 25 | court and shall be a public record. | ||||||
| 26 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
| |||||||
| |||||||
| 1 | kidnapping for ransom, home invasion, armed robbery, | ||||||
| 2 | aggravated vehicular hijacking, aggravated discharge of a | ||||||
| 3 | firearm, or armed violence with a category I weapon or | ||||||
| 4 | category II weapon, the trial judge shall make a finding as to | ||||||
| 5 | whether the conduct leading to conviction for the offense | ||||||
| 6 | resulted in great bodily harm to a victim, and shall enter that | ||||||
| 7 | finding and the basis for that finding in the record. | ||||||
| 8 | (c-1.5) (Blank). Notwithstanding any other provision of | ||||||
| 9 | law to the contrary, in imposing a sentence for an offense that | ||||||
| 10 | requires a mandatory minimum sentence of imprisonment, the | ||||||
| 11 | court may instead sentence the offender to probation, | ||||||
| 12 | conditional discharge, or a lesser term of imprisonment it | ||||||
| 13 | deems appropriate if: (1) the offense involves the use or | ||||||
| 14 | possession of drugs, retail theft, or driving on a revoked | ||||||
| 15 | license due to unpaid financial obligations; (2) the court | ||||||
| 16 | finds that the defendant does not pose a risk to public safety; | ||||||
| 17 | and (3) the interest of justice requires imposing a term of | ||||||
| 18 | probation, conditional discharge, or a lesser term of | ||||||
| 19 | imprisonment. The court must state on the record its reasons | ||||||
| 20 | for imposing probation, conditional discharge, or a lesser | ||||||
| 21 | term of imprisonment. | ||||||
| 22 | (c-2) If the defendant is sentenced to prison, other than | ||||||
| 23 | when a sentence of natural life imprisonment is imposed, at | ||||||
| 24 | the time the sentence is imposed the judge shall state on the | ||||||
| 25 | record in open court the approximate period of time the | ||||||
| 26 | defendant will serve in custody according to the then current | ||||||
| |||||||
| |||||||
| 1 | statutory rules and regulations for sentence credit found in | ||||||
| 2 | Section 3-6-3 and other related provisions of this Code. This | ||||||
| 3 | statement is intended solely to inform the public, has no | ||||||
| 4 | legal effect on the defendant's actual release, and may not be | ||||||
| 5 | relied on by the defendant on appeal. | ||||||
| 6 | The judge's statement, to be given after pronouncing the | ||||||
| 7 | sentence, other than when the sentence is imposed for one of | ||||||
| 8 | the offenses enumerated in paragraph (a)(4) of Section 3-6-3, | ||||||
| 9 | shall include the following: | ||||||
| 10 | "The purpose of this statement is to inform the public of | ||||||
| 11 | the actual period of time this defendant is likely to spend in | ||||||
| 12 | prison as a result of this sentence. The actual period of | ||||||
| 13 | prison time served is determined by the statutes of Illinois | ||||||
| 14 | as applied to this sentence by the Illinois Department of | ||||||
| 15 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
| 16 | case, assuming the defendant receives all of his or her | ||||||
| 17 | sentence credit, the period of estimated actual custody is ... | ||||||
| 18 | years and ... months, less up to 180 days additional earned | ||||||
| 19 | sentence credit. If the defendant, because of his or her own | ||||||
| 20 | misconduct or failure to comply with the institutional | ||||||
| 21 | regulations, does not receive those credits, the actual time | ||||||
| 22 | served in prison will be longer. The defendant may also | ||||||
| 23 | receive an additional one-half day sentence credit for each | ||||||
| 24 | day of participation in vocational, industry, substance abuse, | ||||||
| 25 | and educational programs as provided for by Illinois statute." | ||||||
| 26 | When the sentence is imposed for one of the offenses | ||||||
| |||||||
| |||||||
| 1 | enumerated in paragraph (a)(2) of Section 3-6-3, other than | ||||||
| 2 | first degree murder, and the offense was committed on or after | ||||||
| 3 | June 19, 1998, and when the sentence is imposed for reckless | ||||||
| 4 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
| 5 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
| 6 | offense was committed on or after January 1, 1999, and when the | ||||||
| 7 | sentence is imposed for aggravated driving under the influence | ||||||
| 8 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
| 9 | compounds, or any combination thereof as defined in | ||||||
| 10 | subparagraph (F) of paragraph (1) of subsection (d) of Section | ||||||
| 11 | 11-501 of the Illinois Vehicle Code, and when the sentence is | ||||||
| 12 | imposed for aggravated arson if the offense was committed on | ||||||
| 13 | or after July 27, 2001 (the effective date of Public Act | ||||||
| 14 | 92-176), and when the sentence is imposed for aggravated | ||||||
| 15 | driving under the influence of alcohol, other drug or drugs, | ||||||
| 16 | or intoxicating compound or compounds, or any combination | ||||||
| 17 | thereof as defined in subparagraph (C) of paragraph (1) of | ||||||
| 18 | subsection (d) of Section 11-501 of the Illinois Vehicle Code | ||||||
| 19 | committed on or after January 1, 2011 (the effective date of | ||||||
| 20 | Public Act 96-1230), the judge's statement, to be given after | ||||||
| 21 | pronouncing the sentence, shall include the following: | ||||||
| 22 | "The purpose of this statement is to inform the public of | ||||||
| 23 | the actual period of time this defendant is likely to spend in | ||||||
| 24 | prison as a result of this sentence. The actual period of | ||||||
| 25 | prison time served is determined by the statutes of Illinois | ||||||
| 26 | as applied to this sentence by the Illinois Department of | ||||||
| |||||||
| |||||||
| 1 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
| 2 | case, the defendant is entitled to no more than 4 1/2 days of | ||||||
| 3 | sentence credit for each month of his or her sentence of | ||||||
| 4 | imprisonment. Therefore, this defendant will serve at least | ||||||
| 5 | 85% of his or her sentence. Assuming the defendant receives 4 | ||||||
| 6 | 1/2 days credit for each month of his or her sentence, the | ||||||
| 7 | period of estimated actual custody is ... years and ... | ||||||
| 8 | months. If the defendant, because of his or her own misconduct | ||||||
| 9 | or failure to comply with the institutional regulations | ||||||
| 10 | receives lesser credit, the actual time served in prison will | ||||||
| 11 | be longer." | ||||||
| 12 | When a sentence of imprisonment is imposed for first | ||||||
| 13 | degree murder and the offense was committed on or after June | ||||||
| 14 | 19, 1998, the judge's statement, to be given after pronouncing | ||||||
| 15 | the sentence, shall include the following: | ||||||
| 16 | "The purpose of this statement is to inform the public of | ||||||
| 17 | the actual period of time this defendant is likely to spend in | ||||||
| 18 | prison as a result of this sentence. The actual period of | ||||||
| 19 | prison time served is determined by the statutes of Illinois | ||||||
| 20 | as applied to this sentence by the Illinois Department of | ||||||
| 21 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
| 22 | case, the defendant is not entitled to sentence credit. | ||||||
| 23 | Therefore, this defendant will serve 100% of his or her | ||||||
| 24 | sentence." | ||||||
| 25 | When the sentencing order recommends placement in a | ||||||
| 26 | substance abuse program for any offense that results in | ||||||
| |||||||
| |||||||
| 1 | incarceration in a Department of Corrections facility and the | ||||||
| 2 | crime was committed on or after September 1, 2003 (the | ||||||
| 3 | effective date of Public Act 93-354), the judge's statement, | ||||||
| 4 | in addition to any other judge's statement required under this | ||||||
| 5 | Section, to be given after pronouncing the sentence, shall | ||||||
| 6 | include the following: | ||||||
| 7 | "The purpose of this statement is to inform the public of | ||||||
| 8 | the actual period of time this defendant is likely to spend in | ||||||
| 9 | prison as a result of this sentence. The actual period of | ||||||
| 10 | prison time served is determined by the statutes of Illinois | ||||||
| 11 | as applied to this sentence by the Illinois Department of | ||||||
| 12 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
| 13 | case, the defendant shall receive no earned sentence credit | ||||||
| 14 | under clause (3) of subsection (a) of Section 3-6-3 until he or | ||||||
| 15 | she participates in and completes a substance abuse treatment | ||||||
| 16 | program or receives a waiver from the Director of Corrections | ||||||
| 17 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3." | ||||||
| 18 | (c-4) Before the sentencing hearing and as part of the | ||||||
| 19 | presentence investigation under Section 5-3-1, the court shall | ||||||
| 20 | inquire of the defendant whether the defendant is currently | ||||||
| 21 | serving in or is a veteran of the Armed Forces of the United | ||||||
| 22 | States. If the defendant is currently serving in the Armed | ||||||
| 23 | Forces of the United States or is a veteran of the Armed Forces | ||||||
| 24 | of the United States and has been diagnosed as having a mental | ||||||
| 25 | illness by a qualified psychiatrist or clinical psychologist | ||||||
| 26 | or physician, the court may: | ||||||
| |||||||
| |||||||
| 1 | (1) order that the officer preparing the presentence | ||||||
| 2 | report consult with the United States Department of | ||||||
| 3 | Veterans Affairs, Illinois Department of Veterans Affairs, | ||||||
| 4 | or another agency or person with suitable knowledge or | ||||||
| 5 | experience for the purpose of providing the court with | ||||||
| 6 | information regarding treatment options available to the | ||||||
| 7 | defendant, including federal, State, and local | ||||||
| 8 | programming; and | ||||||
| 9 | (2) consider the treatment recommendations of any | ||||||
| 10 | diagnosing or treating mental health professionals | ||||||
| 11 | together with the treatment options available to the | ||||||
| 12 | defendant in imposing sentence. | ||||||
| 13 | For the purposes of this subsection (c-4), "qualified | ||||||
| 14 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
| 15 | to practice medicine in all its branches, who has specialized | ||||||
| 16 | in the diagnosis and treatment of mental and nervous disorders | ||||||
| 17 | for a period of not less than 5 years. | ||||||
| 18 | (c-6) In imposing a sentence, the trial judge shall | ||||||
| 19 | specify, on the record, the particular evidence and other | ||||||
| 20 | reasons which led to his or her determination that a motor | ||||||
| 21 | vehicle was used in the commission of the offense. | ||||||
| 22 | (c-7) (Blank). In imposing a sentence for a Class 3 or 4 | ||||||
| 23 | felony, other than a violent crime as defined in Section 3 of | ||||||
| 24 | the Rights of Crime Victims and Witnesses Act, the court shall | ||||||
| 25 | determine and indicate in the sentencing order whether the | ||||||
| 26 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
| |||||||
| |||||||
| 1 | or her sentence accounting for time served. | ||||||
| 2 | (d) When the defendant is committed to the Department of | ||||||
| 3 | Corrections, the State's Attorney shall and counsel for the | ||||||
| 4 | defendant may file a statement with the clerk of the court to | ||||||
| 5 | be transmitted to the department, agency or institution to | ||||||
| 6 | which the defendant is committed to furnish such department, | ||||||
| 7 | agency or institution with the facts and circumstances of the | ||||||
| 8 | offense for which the person was committed together with all | ||||||
| 9 | other factual information accessible to them in regard to the | ||||||
| 10 | person prior to his commitment relative to his habits, | ||||||
| 11 | associates, disposition and reputation and any other facts and | ||||||
| 12 | circumstances which may aid such department, agency or | ||||||
| 13 | institution during its custody of such person. The clerk shall | ||||||
| 14 | within 10 days after receiving any such statements transmit a | ||||||
| 15 | copy to such department, agency or institution and a copy to | ||||||
| 16 | the other party, provided, however, that this shall not be | ||||||
| 17 | cause for delay in conveying the person to the department, | ||||||
| 18 | agency or institution to which he has been committed. | ||||||
| 19 | (e) The clerk of the court shall transmit to the | ||||||
| 20 | department, agency or institution, if any, to which the | ||||||
| 21 | defendant is committed, the following: | ||||||
| 22 | (1) the sentence imposed; | ||||||
| 23 | (2) any statement by the court of the basis for | ||||||
| 24 | imposing the sentence; | ||||||
| 25 | (3) any presentence reports; | ||||||
| 26 | (3.3) the person's last known complete street address | ||||||
| |||||||
| |||||||
| 1 | prior to incarceration or legal residence, the person's | ||||||
| 2 | race, whether the person is of Hispanic or Latino origin, | ||||||
| 3 | and whether the person is 18 years of age or older; | ||||||
| 4 | (3.5) any sex offender evaluations; | ||||||
| 5 | (3.6) any substance abuse treatment eligibility | ||||||
| 6 | screening and assessment of the defendant by an agent | ||||||
| 7 | designated by the State of Illinois to provide assessment | ||||||
| 8 | services for the Illinois courts; | ||||||
| 9 | (4) the number of days, if any, which the defendant | ||||||
| 10 | has been in custody and for which he is entitled to credit | ||||||
| 11 | against the sentence, which information shall be provided | ||||||
| 12 | to the clerk by the sheriff; | ||||||
| 13 | (4.1) any finding of great bodily harm made by the | ||||||
| 14 | court with respect to an offense enumerated in subsection | ||||||
| 15 | (c-1); | ||||||
| 16 | (5) all statements filed under subsection (d) of this | ||||||
| 17 | Section; | ||||||
| 18 | (6) any medical or mental health records or summaries | ||||||
| 19 | of the defendant; | ||||||
| 20 | (7) the municipality where the arrest of the offender | ||||||
| 21 | or the commission of the offense has occurred, where such | ||||||
| 22 | municipality has a population of more than 25,000 persons; | ||||||
| 23 | (8) all statements made and evidence offered under | ||||||
| 24 | paragraph (7) of subsection (a) of this Section; and | ||||||
| 25 | (9) all additional matters which the court directs the | ||||||
| 26 | clerk to transmit. | ||||||
| |||||||
| |||||||
| 1 | (f) In cases in which the court finds that a motor vehicle | ||||||
| 2 | was used in the commission of the offense for which the | ||||||
| 3 | defendant is being sentenced, the clerk of the court shall, | ||||||
| 4 | within 5 days thereafter, forward a report of such conviction | ||||||
| 5 | to the Secretary of State. | ||||||
| 6 | (Source: P.A. 103-18, eff. 1-1-24; 103-51, eff. 1-1-24; | ||||||
| 7 | 103-605, eff. 7-1-24; 104-5, eff. 1-1-26; 104-31, eff. 1-1-26; | ||||||
| 8 | 104-234, eff. 8-15-25.) | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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) (Blank). The first offense was committed when | ||||||
| 15 | the 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 | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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-5) 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-5) of | ||||||
| 18 | this Section, and those charges are separately brought and | ||||||
| 19 | tried and arise out of different series of acts, that | ||||||
| 20 | defendant shall be sentenced as a Class X offender. This | ||||||
| 21 | subsection does 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; | ||||||
| |||||||
| |||||||
| 1 | (3) the third forcible felony was committed after | ||||||
| 2 | conviction on the second; and | ||||||
| 3 | (4) (blank). the first offense was committed when the | ||||||
| 4 | person was 21 years of age or older. | ||||||
| 5 | (c) (Blank). | ||||||
| 6 | (c-5) Subsection (b) of this Section does not apply to | ||||||
| 7 | Class 1 or Class 2 felony convictions for a violation of | ||||||
| 8 | Section 16-1 of the Criminal Code of 2012. | ||||||
| 9 | A person sentenced as a Class X offender under this | ||||||
| 10 | subsection (b) is not eligible to apply for treatment as a | ||||||
| 11 | condition of probation as provided by Section 40-10 of the | ||||||
| 12 | Substance Use Disorder Act (20 ILCS 301/40-10). | ||||||
| 13 | (Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19; | ||||||
| 14 | 101-652, eff. 7-1-21.) | ||||||
| 15 | (730 ILCS 5/5-4.5-100) | ||||||
| 16 | Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT. | ||||||
| 17 | (a) COMMENCEMENT. A sentence of imprisonment shall | ||||||
| 18 | commence on the date on which the offender is received by the | ||||||
| 19 | Department or the institution at which the sentence is to be | ||||||
| 20 | served. | ||||||
| 21 | (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set | ||||||
| 22 | forth in subsection (e), the offender shall be given credit on | ||||||
| 23 | the determinate sentence or maximum term and the minimum | ||||||
| 24 | period of imprisonment for the number of days spent in custody | ||||||
| 25 | as a result of the offense for which the sentence was imposed. | ||||||
| |||||||
| |||||||
| 1 | The Department shall calculate the credit at the rate | ||||||
| 2 | specified in Section 3-6-3 (730 ILCS 5/3-6-3). Except when | ||||||
| 3 | prohibited by subsection (d-5), the The trial court shall give | ||||||
| 4 | credit to the defendant for time spent in home detention on the | ||||||
| 5 | same sentencing terms as incarceration as provided in Section | ||||||
| 6 | 5-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of | ||||||
| 7 | credit includes restrictions on liberty such as curfews | ||||||
| 8 | restricting movement for 12 hours or more per day and | ||||||
| 9 | electronic monitoring that restricts travel or movement. | ||||||
| 10 | Electronic monitoring is not required for home detention to be | ||||||
| 11 | considered custodial for purposes of sentencing credit. The | ||||||
| 12 | trial court may give credit to the defendant for the number of | ||||||
| 13 | days spent confined for psychiatric or substance abuse | ||||||
| 14 | treatment prior to judgment, if the court finds that the | ||||||
| 15 | detention or confinement was custodial. | ||||||
| 16 | (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender | ||||||
| 17 | arrested on one charge and prosecuted on another charge for | ||||||
| 18 | conduct that occurred prior to his or her arrest shall be given | ||||||
| 19 | credit on the determinate sentence or maximum term and the | ||||||
| 20 | minimum term of imprisonment for time spent in custody under | ||||||
| 21 | the former charge not credited against another sentence. | ||||||
| 22 | (c-5) CREDIT; PROGRAMMING. The trial court shall give the | ||||||
| 23 | defendant credit for successfully completing county | ||||||
| 24 | programming while in custody prior to imposition of sentence | ||||||
| 25 | at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For | ||||||
| 26 | the purposes of this subsection, "custody" includes time spent | ||||||
| |||||||
| |||||||
| 1 | in home detention. | ||||||
| 2 | (d) (Blank). | ||||||
| 3 | (d-5) NO CREDIT; SOME HOME DETENTION. An offender | ||||||
| 4 | sentenced to a term of imprisonment for an offense listed in | ||||||
| 5 | paragraph (2) of subsection (c) of Section 5-5-3 or in | ||||||
| 6 | paragraph (3) of subsection (c-1) of Section 11-501 of the | ||||||
| 7 | Illinois Vehicle Code shall not receive credit for time spent | ||||||
| 8 | in home detention prior to judgment. | ||||||
| 9 | (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED | ||||||
| 10 | RELEASE, OR PROBATION. An offender charged with the commission | ||||||
| 11 | of an offense committed while on parole, mandatory supervised | ||||||
| 12 | release, or probation shall not be given credit for time spent | ||||||
| 13 | in custody under subsection (b) for that offense for any time | ||||||
| 14 | spent in custody as a result of a revocation of parole, | ||||||
| 15 | mandatory supervised release, or probation where such | ||||||
| 16 | revocation is based on a sentence imposed for a previous | ||||||
| 17 | conviction, regardless of the facts upon which the revocation | ||||||
| 18 | of parole, mandatory supervised release, or probation is | ||||||
| 19 | based, unless both the State and the defendant agree that the | ||||||
| 20 | time served for a violation of mandatory supervised release, | ||||||
| 21 | parole, or probation shall be credited towards the sentence | ||||||
| 22 | for the current offense. | ||||||
| 23 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| 24 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1) | ||||||
| 25 | (Text of Section before amendment by P.A. 104-245) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
| 2 | use of a firearm; mandatory supervised release terms. | ||||||
| 3 | (a) Except as otherwise provided in the statute defining | ||||||
| 4 | the offense or in Article 4.5 of Chapter V, a sentence of | ||||||
| 5 | imprisonment for a felony shall be a determinate sentence set | ||||||
| 6 | by the court under this Section, subject to Section 5-4.5-115 | ||||||
| 7 | of this Code, according to the following limitations: | ||||||
| 8 | (1) for first degree murder, | ||||||
| 9 | (a) (blank), | ||||||
| 10 | (b) if a trier of fact finds beyond a reasonable | ||||||
| 11 | doubt that the murder was accompanied by exceptionally | ||||||
| 12 | brutal or heinous behavior indicative of wanton | ||||||
| 13 | cruelty or, except as set forth in subsection | ||||||
| 14 | (a)(1)(c) of this Section, that any of the aggravating | ||||||
| 15 | factors listed in subparagraph (b-5) are present, the | ||||||
| 16 | court may sentence the defendant, subject to Section | ||||||
| 17 | 5-4.5-105, to a term of natural life imprisonment, or | ||||||
| 18 | (b-5) a defendant who at the time of the | ||||||
| 19 | commission of the offense has attained the age of 18 or | ||||||
| 20 | more and who has been found guilty of first degree | ||||||
| 21 | murder may be sentenced to a term of natural life | ||||||
| 22 | imprisonment if: | ||||||
| 23 | (1) the murdered individual was an inmate at | ||||||
| 24 | an institution or facility of the Department of | ||||||
| 25 | Corrections, or any similar local correctional | ||||||
| 26 | agency and was killed on the grounds thereof, or | ||||||
| |||||||
| |||||||
| 1 | the murdered individual was otherwise present in | ||||||
| 2 | such institution or facility with the knowledge | ||||||
| 3 | and approval of the chief administrative officer | ||||||
| 4 | thereof; | ||||||
| 5 | (2) the murdered individual was killed as a | ||||||
| 6 | result of the hijacking of an airplane, train, | ||||||
| 7 | ship, bus, or other public conveyance; | ||||||
| 8 | (3) the defendant committed the murder | ||||||
| 9 | pursuant to a contract, agreement, or | ||||||
| 10 | understanding by which he or she was to receive | ||||||
| 11 | money or anything of value in return for | ||||||
| 12 | committing the murder or procured another to | ||||||
| 13 | commit the murder for money or anything of value; | ||||||
| 14 | (4) the murdered individual was killed in the | ||||||
| 15 | course of another felony if: | ||||||
| 16 | (A) the murdered individual: | ||||||
| 17 | (i) was actually killed by the | ||||||
| 18 | defendant, or | ||||||
| 19 | (ii) received physical injuries | ||||||
| 20 | personally inflicted by the defendant | ||||||
| 21 | substantially contemporaneously with | ||||||
| 22 | physical injuries caused by one or more | ||||||
| 23 | persons for whose conduct the defendant is | ||||||
| 24 | legally accountable under Section 5-2 of | ||||||
| 25 | this Code, and the physical injuries | ||||||
| 26 | inflicted by either the defendant or the | ||||||
| |||||||
| |||||||
| 1 | other person or persons for whose conduct | ||||||
| 2 | he is legally accountable caused the death | ||||||
| 3 | of the murdered individual; and (B) in | ||||||
| 4 | performing the acts which caused the death | ||||||
| 5 | of the murdered individual or which | ||||||
| 6 | resulted in physical injuries personally | ||||||
| 7 | inflicted by the defendant on the murdered | ||||||
| 8 | individual under the circumstances of | ||||||
| 9 | subdivision (ii) of clause (A) of this | ||||||
| 10 | clause (4), the defendant acted with the | ||||||
| 11 | intent to kill the murdered individual or | ||||||
| 12 | with the knowledge that his or her acts | ||||||
| 13 | created a strong probability of death or | ||||||
| 14 | great bodily harm to the murdered | ||||||
| 15 | individual or another; and | ||||||
| 16 | (B) in performing the acts which caused | ||||||
| 17 | the death of the murdered individual or which | ||||||
| 18 | resulted in physical injuries personally | ||||||
| 19 | inflicted by the defendant on the murdered | ||||||
| 20 | individual under the circumstances of | ||||||
| 21 | subdivision (ii) of clause (A) of this clause | ||||||
| 22 | (4), the defendant acted with the intent to | ||||||
| 23 | kill the murdered individual or with the | ||||||
| 24 | knowledge that his or her acts created a | ||||||
| 25 | strong probability of death or great bodily | ||||||
| 26 | harm to the murdered individual or another; | ||||||
| |||||||
| |||||||
| 1 | and | ||||||
| 2 | (C) the other felony was an inherently | ||||||
| 3 | violent crime or the attempt to commit an | ||||||
| 4 | inherently violent crime. In this clause (C), | ||||||
| 5 | "inherently violent crime" includes, but is | ||||||
| 6 | not limited to, armed robbery, robbery, | ||||||
| 7 | predatory criminal sexual assault of a child, | ||||||
| 8 | aggravated criminal sexual assault, aggravated | ||||||
| 9 | kidnapping, aggravated vehicular hijacking, | ||||||
| 10 | aggravated arson, aggravated stalking, | ||||||
| 11 | residential burglary, and home invasion; | ||||||
| 12 | (5) the defendant committed the murder with | ||||||
| 13 | intent to prevent the murdered individual from | ||||||
| 14 | testifying or participating in any criminal | ||||||
| 15 | investigation or prosecution or giving material | ||||||
| 16 | assistance to the State in any investigation or | ||||||
| 17 | prosecution, either against the defendant or | ||||||
| 18 | another; or the defendant committed the murder | ||||||
| 19 | because the murdered individual was a witness in | ||||||
| 20 | any prosecution or gave material assistance to the | ||||||
| 21 | State in any investigation or prosecution, either | ||||||
| 22 | against the defendant or another; for purposes of | ||||||
| 23 | this clause (5), "participating in any criminal | ||||||
| 24 | investigation or prosecution" is intended to | ||||||
| 25 | include those appearing in the proceedings in any | ||||||
| 26 | capacity such as trial judges, prosecutors, | ||||||
| |||||||
| |||||||
| 1 | defense attorneys, investigators, witnesses, or | ||||||
| 2 | jurors; | ||||||
| 3 | (6) the defendant, while committing an offense | ||||||
| 4 | punishable under Section 401, 401.1, 401.2, 405, | ||||||
| 5 | 405.2, 407, or 407.1 or subsection (b) of Section | ||||||
| 6 | 404 of the Illinois Controlled Substances Act, or | ||||||
| 7 | while engaged in a conspiracy or solicitation to | ||||||
| 8 | commit such offense, intentionally killed an | ||||||
| 9 | individual or counseled, commanded, induced, | ||||||
| 10 | procured, or caused the intentional killing of the | ||||||
| 11 | murdered individual; | ||||||
| 12 | (7) the defendant was incarcerated in an | ||||||
| 13 | institution or facility of the Department of | ||||||
| 14 | Corrections at the time of the murder, and while | ||||||
| 15 | committing an offense punishable as a felony under | ||||||
| 16 | Illinois law, or while engaged in a conspiracy or | ||||||
| 17 | solicitation to commit such offense, intentionally | ||||||
| 18 | killed an individual or counseled, commanded, | ||||||
| 19 | induced, procured, or caused the intentional | ||||||
| 20 | killing of the murdered individual; | ||||||
| 21 | (8) the murder was committed in a cold, | ||||||
| 22 | calculated and premeditated manner pursuant to a | ||||||
| 23 | preconceived plan, scheme, or design to take a | ||||||
| 24 | human life by unlawful means, and the conduct of | ||||||
| 25 | the defendant created a reasonable expectation | ||||||
| 26 | that the death of a human being would result | ||||||
| |||||||
| |||||||
| 1 | therefrom; | ||||||
| 2 | (9) the defendant was a principal | ||||||
| 3 | administrator, organizer, or leader of a | ||||||
| 4 | calculated criminal drug conspiracy consisting of | ||||||
| 5 | a hierarchical position of authority superior to | ||||||
| 6 | that of all other members of the conspiracy, and | ||||||
| 7 | the defendant counseled, commanded, induced, | ||||||
| 8 | procured, or caused the intentional killing of the | ||||||
| 9 | murdered person; | ||||||
| 10 | (10) the murder was intentional and involved | ||||||
| 11 | the infliction of torture. For the purpose of this | ||||||
| 12 | clause (10), torture means the infliction of or | ||||||
| 13 | subjection to extreme physical pain, motivated by | ||||||
| 14 | an intent to increase or prolong the pain, | ||||||
| 15 | suffering, or agony of the victim; | ||||||
| 16 | (11) the murder was committed as a result of | ||||||
| 17 | the intentional discharge of a firearm by the | ||||||
| 18 | defendant from a motor vehicle and the victim was | ||||||
| 19 | not present within the motor vehicle; | ||||||
| 20 | (12) the murdered individual was a person with | ||||||
| 21 | a disability and the defendant knew or should have | ||||||
| 22 | known that the murdered individual was a person | ||||||
| 23 | with a disability. For purposes of this clause | ||||||
| 24 | (12), "person with a disability" means a person | ||||||
| 25 | who suffers from a permanent physical or mental | ||||||
| 26 | impairment resulting from disease, an injury, a | ||||||
| |||||||
| |||||||
| 1 | functional disorder, or a congenital condition | ||||||
| 2 | that renders the person incapable of adequately | ||||||
| 3 | providing for his or her own health or personal | ||||||
| 4 | care; | ||||||
| 5 | (13) the murdered individual was subject to an | ||||||
| 6 | order of protection and the murder was committed | ||||||
| 7 | by a person against whom the same order of | ||||||
| 8 | protection was issued under the Illinois Domestic | ||||||
| 9 | Violence Act of 1986; | ||||||
| 10 | (14) the murdered individual was known by the | ||||||
| 11 | defendant to be a teacher or other person employed | ||||||
| 12 | in any school and the teacher or other employee is | ||||||
| 13 | upon the grounds of a school or grounds adjacent | ||||||
| 14 | to a school, or is in any part of a building used | ||||||
| 15 | for school purposes; | ||||||
| 16 | (15) the murder was committed by the defendant | ||||||
| 17 | in connection with or as a result of the offense of | ||||||
| 18 | terrorism as defined in Section 29D-14.9 of this | ||||||
| 19 | Code; | ||||||
| 20 | (16) the murdered individual was a member of a | ||||||
| 21 | congregation engaged in prayer or other religious | ||||||
| 22 | activities at a church, synagogue, mosque, or | ||||||
| 23 | other building, structure, or place used for | ||||||
| 24 | religious worship; or | ||||||
| 25 | (17)(i) the murdered individual was a | ||||||
| 26 | physician, physician assistant, psychologist, | ||||||
| |||||||
| |||||||
| 1 | nurse, or advanced practice registered nurse; | ||||||
| 2 | (ii) the defendant knew or should have known | ||||||
| 3 | that the murdered individual was a physician, | ||||||
| 4 | physician assistant, psychologist, nurse, or | ||||||
| 5 | advanced practice registered nurse; and | ||||||
| 6 | (iii) the murdered individual was killed in | ||||||
| 7 | the course of acting in his or her capacity as a | ||||||
| 8 | physician, physician assistant, psychologist, | ||||||
| 9 | nurse, or advanced practice registered nurse, or | ||||||
| 10 | to prevent him or her from acting in that | ||||||
| 11 | capacity, or in retaliation for his or her acting | ||||||
| 12 | in that capacity. | ||||||
| 13 | (c) the court shall sentence the defendant to a | ||||||
| 14 | term of natural life imprisonment if the defendant, at | ||||||
| 15 | the time of the commission of the murder, had attained | ||||||
| 16 | the age of 18, and: | ||||||
| 17 | (i) has previously been convicted of first | ||||||
| 18 | degree murder under any state or federal law, or | ||||||
| 19 | (ii) is found guilty of murdering more than | ||||||
| 20 | one victim, or | ||||||
| 21 | (iii) is found guilty of murdering a peace | ||||||
| 22 | officer, fireman, or emergency management worker | ||||||
| 23 | when the peace officer, fireman, or emergency | ||||||
| 24 | management worker was killed in the course of | ||||||
| 25 | performing his official duties, or to prevent the | ||||||
| 26 | peace officer or fireman from performing his | ||||||
| |||||||
| |||||||
| 1 | official duties, or in retaliation for the peace | ||||||
| 2 | officer, fireman, or emergency management worker | ||||||
| 3 | from performing his official duties, and the | ||||||
| 4 | defendant knew or should have known that the | ||||||
| 5 | murdered individual was a peace officer, fireman, | ||||||
| 6 | or emergency management worker, or | ||||||
| 7 | (iv) is found guilty of murdering an employee | ||||||
| 8 | of an institution or facility of the Department of | ||||||
| 9 | Corrections, or any similar local correctional | ||||||
| 10 | agency, when the employee was killed in the course | ||||||
| 11 | of performing his official duties, or to prevent | ||||||
| 12 | the employee from performing his official duties, | ||||||
| 13 | or in retaliation for the employee performing his | ||||||
| 14 | official duties, or | ||||||
| 15 | (v) is found guilty of murdering an emergency | ||||||
| 16 | medical technician - ambulance, emergency medical | ||||||
| 17 | technician - intermediate, emergency medical | ||||||
| 18 | technician - paramedic, ambulance driver, or other | ||||||
| 19 | medical assistance or first aid person while | ||||||
| 20 | employed by a municipality or other governmental | ||||||
| 21 | unit when the person was killed in the course of | ||||||
| 22 | performing official duties or to prevent the | ||||||
| 23 | person from performing official duties or in | ||||||
| 24 | retaliation for performing official duties and the | ||||||
| 25 | defendant knew or should have known that the | ||||||
| 26 | murdered individual was an emergency medical | ||||||
| |||||||
| |||||||
| 1 | technician - ambulance, emergency medical | ||||||
| 2 | technician - intermediate, emergency medical | ||||||
| 3 | technician - paramedic, ambulance driver, or other | ||||||
| 4 | medical assistant or first aid personnel, or | ||||||
| 5 | (vi) (blank), or | ||||||
| 6 | (vii) is found guilty of first degree murder | ||||||
| 7 | and the murder was committed by reason of any | ||||||
| 8 | person's activity as a community policing | ||||||
| 9 | volunteer or to prevent any person from engaging | ||||||
| 10 | in activity as a community policing volunteer. For | ||||||
| 11 | the purpose of this Section, "community policing | ||||||
| 12 | volunteer" has the meaning ascribed to it in | ||||||
| 13 | Section 2-3.5 of the Criminal Code of 2012. | ||||||
| 14 | For purposes of clause (v), "emergency medical | ||||||
| 15 | technician - ambulance", "emergency medical technician - | ||||||
| 16 | intermediate", and "emergency medical technician - | ||||||
| 17 | paramedic" have the meanings ascribed to them in the | ||||||
| 18 | Emergency Medical Services (EMS) Systems Act. | ||||||
| 19 | (d)(i) if the person committed the offense while | ||||||
| 20 | armed with a firearm, 15 years shall be added to | ||||||
| 21 | the term of imprisonment imposed by the court; | ||||||
| 22 | (ii) if, during the commission of the offense, the | ||||||
| 23 | person personally discharged a firearm, 20 years shall | ||||||
| 24 | be added to the term of imprisonment imposed by the | ||||||
| 25 | court; | ||||||
| 26 | (iii) if, during the commission of the offense, | ||||||
| |||||||
| |||||||
| 1 | the person personally discharged a firearm that | ||||||
| 2 | proximately caused great bodily harm, permanent | ||||||
| 3 | disability, permanent disfigurement, or death to | ||||||
| 4 | another person, 25 years or up to a term of natural | ||||||
| 5 | life shall be added to the term of imprisonment | ||||||
| 6 | imposed by the court. | ||||||
| 7 | (2) (blank); | ||||||
| 8 | (2.5) for a person who has attained the age of 18 years | ||||||
| 9 | at the time of the commission of the offense and who is | ||||||
| 10 | convicted under the circumstances described in subdivision | ||||||
| 11 | (b)(1)(B) of Section 11-1.20 or paragraph (3) of | ||||||
| 12 | subsection (b) of Section 12-13, subdivision (d)(2) of | ||||||
| 13 | Section 11-1.30 or paragraph (2) of subsection (d) of | ||||||
| 14 | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||||||
| 15 | paragraph (1.2) of subsection (b) of Section 12-14.1, | ||||||
| 16 | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||||||
| 17 | subsection (b) of Section 12-14.1 of the Criminal Code of | ||||||
| 18 | 1961 or the Criminal Code of 2012, the sentence shall be a | ||||||
| 19 | term of natural life imprisonment. | ||||||
| 20 | (b) (Blank). | ||||||
| 21 | (c) (Blank). | ||||||
| 22 | (d) Subject to earlier termination under Section 3-3-8, | ||||||
| 23 | the parole or mandatory supervised release term shall be | ||||||
| 24 | written as part of the sentencing order and shall be as | ||||||
| 25 | follows: | ||||||
| 26 | (1) for first degree murder or for the offenses of | ||||||
| |||||||
| |||||||
| 1 | predatory criminal sexual assault of a child, aggravated | ||||||
| 2 | criminal sexual assault, and criminal sexual assault if | ||||||
| 3 | committed on or before December 12, 2005, 3 years; | ||||||
| 4 | (1.5) except as provided in paragraph (7) of this | ||||||
| 5 | subsection (d), for a Class X felony except for the | ||||||
| 6 | offenses of predatory criminal sexual assault of a child, | ||||||
| 7 | aggravated criminal sexual assault, and criminal sexual | ||||||
| 8 | assault if committed on or after December 13, 2005 (the | ||||||
| 9 | effective date of Public Act 94-715) and except for the | ||||||
| 10 | offense of aggravated child pornography under Section | ||||||
| 11 | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under | ||||||
| 12 | subsection (c-5) of Section 11-20.1 of the Criminal Code | ||||||
| 13 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
| 14 | after January 1, 2009, and except for the offense of | ||||||
| 15 | obscene depiction of a purported child with sentencing | ||||||
| 16 | under subsection (d) of Section 11-20.4 of the Criminal | ||||||
| 17 | Code of 2012, 18 months; | ||||||
| 18 | (2) except as provided in paragraph (7) of this | ||||||
| 19 | subsection (d), for a Class 1 felony or a Class 2 felony | ||||||
| 20 | except for the offense of criminal sexual assault if | ||||||
| 21 | committed on or after December 13, 2005 (the effective | ||||||
| 22 | date of Public Act 94-715) and except for the offenses of | ||||||
| 23 | manufacture and dissemination of child pornography under | ||||||
| 24 | clauses (a)(1) and (a)(2) of Section 11-20.1 of the | ||||||
| 25 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
| 26 | committed on or after January 1, 2009, and except for the | ||||||
| |||||||
| |||||||
| 1 | offense of obscene depiction of a purported child under | ||||||
| 2 | paragraph (2) of subsection (b) of Section 11-20.4 of the | ||||||
| 3 | Criminal Code of 2012, 12 months; | ||||||
| 4 | (3) except as provided in paragraph (4), (6), or (7) | ||||||
| 5 | of this subsection (d), for a Class 3 felony or a Class 4 | ||||||
| 6 | felony, 6 months; no later than 45 days after the onset of | ||||||
| 7 | the term of mandatory supervised release, the Prisoner | ||||||
| 8 | Review Board shall conduct a discretionary discharge | ||||||
| 9 | review pursuant to the provisions of Section 3-3-8, which | ||||||
| 10 | shall include the results of a standardized risk and needs | ||||||
| 11 | assessment tool administered by the Department of | ||||||
| 12 | Corrections; the changes to this paragraph (3) made by | ||||||
| 13 | Public Act 102-1104 apply to all individuals released on | ||||||
| 14 | mandatory supervised release on or after December 6, 2022 | ||||||
| 15 | (the effective date of Public Act 102-1104), including | ||||||
| 16 | those individuals whose sentences were imposed prior to | ||||||
| 17 | December 6, 2022 (the effective date of Public Act | ||||||
| 18 | 102-1104); | ||||||
| 19 | (4) for defendants who commit the offense of predatory | ||||||
| 20 | criminal sexual assault of a child, aggravated criminal | ||||||
| 21 | sexual assault, or criminal sexual assault, on or after | ||||||
| 22 | December 13, 2005 (the effective date of Public Act | ||||||
| 23 | 94-715), or who commit the offense of aggravated child | ||||||
| 24 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
| 25 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
| 26 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| |||||||
| |||||||
| 1 | manufacture of child pornography, or dissemination of | ||||||
| 2 | child pornography after January 1, 2009, or who commit the | ||||||
| 3 | offense of obscene depiction of a purported child under | ||||||
| 4 | paragraph (2) of subsection (b) of Section 11-20.4 of the | ||||||
| 5 | Criminal Code of 2012 or who commit the offense of obscene | ||||||
| 6 | depiction of a purported child with sentencing under | ||||||
| 7 | subsection (d) of Section 11-20.4 of the Criminal Code of | ||||||
| 8 | 2012, the term of mandatory supervised release shall range | ||||||
| 9 | from a minimum of 3 years to a maximum of the natural life | ||||||
| 10 | of the defendant; | ||||||
| 11 | (5) if the victim is under 18 years of age, for a | ||||||
| 12 | second or subsequent offense of aggravated criminal sexual | ||||||
| 13 | abuse or felony criminal sexual abuse, 4 years, at least | ||||||
| 14 | the first 2 years of which the defendant shall serve in an | ||||||
| 15 | electronic monitoring or home detention program under | ||||||
| 16 | Article 8A of Chapter V of this Code; | ||||||
| 17 | (6) for a felony domestic battery, aggravated domestic | ||||||
| 18 | battery, stalking, aggravated stalking, and a felony | ||||||
| 19 | violation of an order of protection, 4 years; | ||||||
| 20 | (7) for any felony described in paragraph (a)(2)(ii), | ||||||
| 21 | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||||||
| 22 | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||||||
| 23 | 3-6-3 of the Unified Code of Corrections requiring an | ||||||
| 24 | inmate to serve a minimum of 85% of their court-imposed | ||||||
| 25 | sentence, except for the offenses of predatory criminal | ||||||
| 26 | sexual assault of a child, aggravated criminal sexual | ||||||
| |||||||
| |||||||
| 1 | assault, and criminal sexual assault if committed on or | ||||||
| 2 | after December 13, 2005 (the effective date of Public Act | ||||||
| 3 | 94-715) and except for the offense of aggravated child | ||||||
| 4 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
| 5 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
| 6 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 7 | if committed on or after January 1, 2009, and except for | ||||||
| 8 | the offense of obscene depiction of a purported child with | ||||||
| 9 | sentencing under subsection (d) of Section 11-20.4 of the | ||||||
| 10 | Criminal Code of 2012, and except as provided in paragraph | ||||||
| 11 | (4) or paragraph (6) of this subsection (d), the term of | ||||||
| 12 | mandatory supervised release shall be as follows: | ||||||
| 13 | (A) Class X felony, 3 years; | ||||||
| 14 | (B) Class 1 or Class 2 felonies, 2 years; | ||||||
| 15 | (C) Class 3 or Class 4 felonies, 1 year. | ||||||
| 16 | (e) (Blank). | ||||||
| 17 | (f) (Blank). | ||||||
| 18 | (g) Notwithstanding any other provisions of this Act and | ||||||
| 19 | of Public Act 101-652: (i) the provisions of paragraph (3) of | ||||||
| 20 | subsection (d) are effective on July 1, 2022 and shall apply to | ||||||
| 21 | all individuals convicted on or after the effective date of | ||||||
| 22 | paragraph (3) of subsection (d); and (ii) the provisions of | ||||||
| 23 | paragraphs (1.5) and (2) of subsection (d) are effective on | ||||||
| 24 | July 1, 2021 and shall apply to all individuals convicted on or | ||||||
| 25 | after the effective date of paragraphs (1.5) and (2) of | ||||||
| 26 | subsection (d). | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-51, eff. 1-1-24; 103-825, eff. 1-1-25; | ||||||
| 2 | 104-417, eff. 8-15-25.) | ||||||
| 3 | (Text of Section after amendment by P.A. 104-245) | ||||||
| 4 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
| 5 | use of a firearm; mandatory supervised release terms. | ||||||
| 6 | (a) Except as otherwise provided in the statute defining | ||||||
| 7 | the offense or in Article 4.5 of Chapter V, a sentence of | ||||||
| 8 | imprisonment for a felony shall be a determinate sentence set | ||||||
| 9 | by the court under this Section, subject to Section 5-4.5-115 | ||||||
| 10 | of this Code, according to the following limitations: | ||||||
| 11 | (1) for first degree murder, | ||||||
| 12 | (a) (blank), | ||||||
| 13 | (b) if a trier of fact finds beyond a reasonable | ||||||
| 14 | doubt that the murder was accompanied by exceptionally | ||||||
| 15 | brutal or heinous behavior indicative of wanton | ||||||
| 16 | cruelty or, except as set forth in subsection | ||||||
| 17 | (a)(1)(c) of this Section, that any of the aggravating | ||||||
| 18 | factors listed in subparagraph (b-5) are present, the | ||||||
| 19 | court may sentence the defendant, subject to Section | ||||||
| 20 | 5-4.5-105, to a term of natural life imprisonment, or | ||||||
| 21 | (b-5) a defendant who at the time of the | ||||||
| 22 | commission of the offense has attained the age of 18 or | ||||||
| 23 | more and who has been found guilty of first degree | ||||||
| 24 | murder may be sentenced to a term of natural life | ||||||
| 25 | imprisonment if: | ||||||
| |||||||
| |||||||
| 1 | (1) the murdered individual was an inmate at | ||||||
| 2 | an institution or facility of the Department of | ||||||
| 3 | Corrections, or any similar local correctional | ||||||
| 4 | agency and was killed on the grounds thereof, or | ||||||
| 5 | the murdered individual was otherwise present in | ||||||
| 6 | such institution or facility with the knowledge | ||||||
| 7 | and approval of the chief administrative officer | ||||||
| 8 | thereof; | ||||||
| 9 | (2) the murdered individual was killed as a | ||||||
| 10 | result of the hijacking of an airplane, train, | ||||||
| 11 | ship, bus, or other public conveyance; | ||||||
| 12 | (3) the defendant committed the murder | ||||||
| 13 | pursuant to a contract, agreement, or | ||||||
| 14 | understanding by which he or she was to receive | ||||||
| 15 | money or anything of value in return for | ||||||
| 16 | committing the murder or procured another to | ||||||
| 17 | commit the murder for money or anything of value; | ||||||
| 18 | (4) the murdered individual was killed in the | ||||||
| 19 | course of another felony if: | ||||||
| 20 | (A) the murdered individual: | ||||||
| 21 | (i) was actually killed by the | ||||||
| 22 | defendant, or | ||||||
| 23 | (ii) received physical injuries | ||||||
| 24 | personally inflicted by the defendant | ||||||
| 25 | substantially contemporaneously with | ||||||
| 26 | physical injuries caused by one or more | ||||||
| |||||||
| |||||||
| 1 | persons for whose conduct the defendant is | ||||||
| 2 | legally accountable under Section 5-2 of | ||||||
| 3 | this Code, and the physical injuries | ||||||
| 4 | inflicted by either the defendant or the | ||||||
| 5 | other person or persons for whose conduct | ||||||
| 6 | he is legally accountable caused the death | ||||||
| 7 | of the murdered individual; and (B) in | ||||||
| 8 | performing the acts which caused the death | ||||||
| 9 | of the murdered individual or which | ||||||
| 10 | resulted in physical injuries personally | ||||||
| 11 | inflicted by the defendant on the murdered | ||||||
| 12 | individual under the circumstances of | ||||||
| 13 | subdivision (ii) of clause (A) of this | ||||||
| 14 | clause (4), the defendant acted with the | ||||||
| 15 | intent to kill the murdered individual or | ||||||
| 16 | with the knowledge that his or her acts | ||||||
| 17 | created a strong probability of death or | ||||||
| 18 | great bodily harm to the murdered | ||||||
| 19 | individual or another; and | ||||||
| 20 | (B) in performing the acts which caused | ||||||
| 21 | the death of the murdered individual or which | ||||||
| 22 | resulted in physical injuries personally | ||||||
| 23 | inflicted by the defendant on the murdered | ||||||
| 24 | individual under the circumstances of | ||||||
| 25 | subdivision (ii) of clause (A) of this clause | ||||||
| 26 | (4), the defendant acted with the intent to | ||||||
| |||||||
| |||||||
| 1 | kill the murdered individual or with the | ||||||
| 2 | knowledge that his or her acts created a | ||||||
| 3 | strong probability of death or great bodily | ||||||
| 4 | harm to the murdered individual or another; | ||||||
| 5 | and | ||||||
| 6 | (C) the other felony was an inherently | ||||||
| 7 | violent crime or the attempt to commit an | ||||||
| 8 | inherently violent crime. In this clause (C), | ||||||
| 9 | "inherently violent crime" includes, but is | ||||||
| 10 | not limited to, armed robbery, robbery, | ||||||
| 11 | predatory criminal sexual assault of a child, | ||||||
| 12 | aggravated criminal sexual assault, aggravated | ||||||
| 13 | kidnapping, aggravated vehicular hijacking, | ||||||
| 14 | aggravated arson, aggravated stalking, | ||||||
| 15 | residential burglary, and home invasion; | ||||||
| 16 | (5) the defendant committed the murder with | ||||||
| 17 | intent to prevent the murdered individual from | ||||||
| 18 | testifying or participating in any criminal | ||||||
| 19 | investigation or prosecution or giving material | ||||||
| 20 | assistance to the State in any investigation or | ||||||
| 21 | prosecution, either against the defendant or | ||||||
| 22 | another; or the defendant committed the murder | ||||||
| 23 | because the murdered individual was a witness in | ||||||
| 24 | any prosecution or gave material assistance to the | ||||||
| 25 | State in any investigation or prosecution, either | ||||||
| 26 | against the defendant or another; for purposes of | ||||||
| |||||||
| |||||||
| 1 | this clause (5), "participating in any criminal | ||||||
| 2 | investigation or prosecution" is intended to | ||||||
| 3 | include those appearing in the proceedings in any | ||||||
| 4 | capacity such as trial judges, prosecutors, | ||||||
| 5 | defense attorneys, investigators, witnesses, or | ||||||
| 6 | jurors; | ||||||
| 7 | (6) the defendant, while committing an offense | ||||||
| 8 | punishable under Section 401, 401.1, 401.2, 405, | ||||||
| 9 | 405.2, 407, or 407.1 or subsection (b) of Section | ||||||
| 10 | 404 of the Illinois Controlled Substances Act, or | ||||||
| 11 | while engaged in a conspiracy or solicitation to | ||||||
| 12 | commit such offense, intentionally killed an | ||||||
| 13 | individual or counseled, commanded, induced, | ||||||
| 14 | procured, or caused the intentional killing of the | ||||||
| 15 | murdered individual; | ||||||
| 16 | (7) the defendant was incarcerated in an | ||||||
| 17 | institution or facility of the Department of | ||||||
| 18 | Corrections at the time of the murder, and while | ||||||
| 19 | committing an offense punishable as a felony under | ||||||
| 20 | Illinois law, or while engaged in a conspiracy or | ||||||
| 21 | solicitation to commit such offense, intentionally | ||||||
| 22 | killed an individual or counseled, commanded, | ||||||
| 23 | induced, procured, or caused the intentional | ||||||
| 24 | killing of the murdered individual; | ||||||
| 25 | (8) the murder was committed in a cold, | ||||||
| 26 | calculated and premeditated manner pursuant to a | ||||||
| |||||||
| |||||||
| 1 | preconceived plan, scheme, or design to take a | ||||||
| 2 | human life by unlawful means, and the conduct of | ||||||
| 3 | the defendant created a reasonable expectation | ||||||
| 4 | that the death of a human being would result | ||||||
| 5 | therefrom; | ||||||
| 6 | (9) the defendant was a principal | ||||||
| 7 | administrator, organizer, or leader of a | ||||||
| 8 | calculated criminal drug conspiracy consisting of | ||||||
| 9 | a hierarchical position of authority superior to | ||||||
| 10 | that of all other members of the conspiracy, and | ||||||
| 11 | the defendant counseled, commanded, induced, | ||||||
| 12 | procured, or caused the intentional killing of the | ||||||
| 13 | murdered person; | ||||||
| 14 | (10) the murder was intentional and involved | ||||||
| 15 | the infliction of torture. For the purpose of this | ||||||
| 16 | clause (10), torture means the infliction of or | ||||||
| 17 | subjection to extreme physical pain, motivated by | ||||||
| 18 | an intent to increase or prolong the pain, | ||||||
| 19 | suffering, or agony of the victim; | ||||||
| 20 | (11) the murder was committed as a result of | ||||||
| 21 | the intentional discharge of a firearm by the | ||||||
| 22 | defendant from a motor vehicle and the victim was | ||||||
| 23 | not present within the motor vehicle; | ||||||
| 24 | (12) the murdered individual was a person with | ||||||
| 25 | a disability and the defendant knew or should have | ||||||
| 26 | known that the murdered individual was a person | ||||||
| |||||||
| |||||||
| 1 | with a disability. For purposes of this clause | ||||||
| 2 | (12), "person with a disability" means a person | ||||||
| 3 | who suffers from a permanent physical or mental | ||||||
| 4 | impairment resulting from disease, an injury, a | ||||||
| 5 | functional disorder, or a congenital condition | ||||||
| 6 | that renders the person incapable of adequately | ||||||
| 7 | providing for his or her own health or personal | ||||||
| 8 | care; | ||||||
| 9 | (13) the murdered individual was subject to an | ||||||
| 10 | order of protection and the murder was committed | ||||||
| 11 | by a person against whom the same order of | ||||||
| 12 | protection was issued under the Illinois Domestic | ||||||
| 13 | Violence Act of 1986; | ||||||
| 14 | (14) the murdered individual was known by the | ||||||
| 15 | defendant to be a teacher or other person employed | ||||||
| 16 | in any school and the teacher or other employee is | ||||||
| 17 | upon the grounds of a school or grounds adjacent | ||||||
| 18 | to a school, or is in any part of a building used | ||||||
| 19 | for school purposes; | ||||||
| 20 | (15) the murder was committed by the defendant | ||||||
| 21 | in connection with or as a result of the offense of | ||||||
| 22 | terrorism as defined in Section 29D-14.9 of this | ||||||
| 23 | Code; | ||||||
| 24 | (16) the murdered individual was a member of a | ||||||
| 25 | congregation engaged in prayer or other religious | ||||||
| 26 | activities at a church, synagogue, mosque, or | ||||||
| |||||||
| |||||||
| 1 | other building, structure, or place used for | ||||||
| 2 | religious worship; or | ||||||
| 3 | (17)(i) the murdered individual was a | ||||||
| 4 | physician, physician assistant, psychologist, | ||||||
| 5 | nurse, or advanced practice registered nurse; | ||||||
| 6 | (ii) the defendant knew or should have known | ||||||
| 7 | that the murdered individual was a physician, | ||||||
| 8 | physician assistant, psychologist, nurse, or | ||||||
| 9 | advanced practice registered nurse; and | ||||||
| 10 | (iii) the murdered individual was killed in | ||||||
| 11 | the course of acting in his or her capacity as a | ||||||
| 12 | physician, physician assistant, psychologist, | ||||||
| 13 | nurse, or advanced practice registered nurse, or | ||||||
| 14 | to prevent him or her from acting in that | ||||||
| 15 | capacity, or in retaliation for his or her acting | ||||||
| 16 | in that capacity. | ||||||
| 17 | (c) the court shall sentence the defendant to a | ||||||
| 18 | term of natural life imprisonment if the defendant, at | ||||||
| 19 | the time of the commission of the murder, had attained | ||||||
| 20 | the age of 18, and: | ||||||
| 21 | (i) has previously been convicted of first | ||||||
| 22 | degree murder under any state or federal law, or | ||||||
| 23 | (ii) is found guilty of murdering more than | ||||||
| 24 | one victim, or | ||||||
| 25 | (iii) is found guilty of murdering a peace | ||||||
| 26 | officer, fireman, or emergency management worker | ||||||
| |||||||
| |||||||
| 1 | when the peace officer, fireman, or emergency | ||||||
| 2 | management worker was killed in the course of | ||||||
| 3 | performing his official duties, or to prevent the | ||||||
| 4 | peace officer or fireman from performing his | ||||||
| 5 | official duties, or in retaliation for the peace | ||||||
| 6 | officer, fireman, or emergency management worker | ||||||
| 7 | from performing his official duties, and the | ||||||
| 8 | defendant knew or should have known that the | ||||||
| 9 | murdered individual was a peace officer, fireman, | ||||||
| 10 | or emergency management worker, or | ||||||
| 11 | (iv) is found guilty of murdering an employee | ||||||
| 12 | of an institution or facility of the Department of | ||||||
| 13 | Corrections, or any similar local correctional | ||||||
| 14 | agency, when the employee was killed in the course | ||||||
| 15 | of performing his official duties, or to prevent | ||||||
| 16 | the employee from performing his official duties, | ||||||
| 17 | or in retaliation for the employee performing his | ||||||
| 18 | official duties, or | ||||||
| 19 | (v) is found guilty of murdering an emergency | ||||||
| 20 | medical technician - ambulance, emergency medical | ||||||
| 21 | technician - intermediate, emergency medical | ||||||
| 22 | technician - paramedic, ambulance driver, or other | ||||||
| 23 | medical assistance or first aid person while | ||||||
| 24 | employed by a municipality or other governmental | ||||||
| 25 | unit when the person was killed in the course of | ||||||
| 26 | performing official duties or to prevent the | ||||||
| |||||||
| |||||||
| 1 | person from performing official duties or in | ||||||
| 2 | retaliation for performing official duties and the | ||||||
| 3 | defendant knew or should have known that the | ||||||
| 4 | murdered individual was an emergency medical | ||||||
| 5 | technician - ambulance, emergency medical | ||||||
| 6 | technician - intermediate, emergency medical | ||||||
| 7 | technician - paramedic, ambulance driver, or other | ||||||
| 8 | medical assistant or first aid personnel, or | ||||||
| 9 | (vi) (blank), or | ||||||
| 10 | (vii) is found guilty of first degree murder | ||||||
| 11 | and the murder was committed by reason of any | ||||||
| 12 | person's activity as a community policing | ||||||
| 13 | volunteer or to prevent any person from engaging | ||||||
| 14 | in activity as a community policing volunteer. For | ||||||
| 15 | the purpose of this Section, "community policing | ||||||
| 16 | volunteer" has the meaning ascribed to it in | ||||||
| 17 | Section 2-3.5 of the Criminal Code of 2012. | ||||||
| 18 | For purposes of clause (v), "emergency medical | ||||||
| 19 | technician - ambulance", "emergency medical technician - | ||||||
| 20 | intermediate", and "emergency medical technician - | ||||||
| 21 | paramedic" have the meanings ascribed to them in the | ||||||
| 22 | Emergency Medical Services (EMS) Systems Act. | ||||||
| 23 | (d)(i) if the person committed the offense while | ||||||
| 24 | armed with a firearm, 15 years shall be added to | ||||||
| 25 | the term of imprisonment imposed by the court; | ||||||
| 26 | (ii) if, during the commission of the offense, the | ||||||
| |||||||
| |||||||
| 1 | person personally discharged a firearm, 20 years shall | ||||||
| 2 | be added to the term of imprisonment imposed by the | ||||||
| 3 | court; | ||||||
| 4 | (iii) if, during the commission of the offense, | ||||||
| 5 | the person personally discharged a firearm that | ||||||
| 6 | proximately caused great bodily harm, permanent | ||||||
| 7 | disability, permanent disfigurement, or death to | ||||||
| 8 | another person, 25 years or up to a term of natural | ||||||
| 9 | life shall be added to the term of imprisonment | ||||||
| 10 | imposed by the court. | ||||||
| 11 | (2) (blank); | ||||||
| 12 | (2.5) for a person who has attained the age of 18 years | ||||||
| 13 | at the time of the commission of the offense and who is | ||||||
| 14 | convicted under the circumstances described in subdivision | ||||||
| 15 | (b)(1)(B) of Section 11-1.20 or paragraph (3) of | ||||||
| 16 | subsection (b) of Section 12-13, subdivision (d)(2) of | ||||||
| 17 | Section 11-1.30 or paragraph (2) of subsection (d) of | ||||||
| 18 | Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or | ||||||
| 19 | paragraph (1.2) of subsection (b) of Section 12-14.1, | ||||||
| 20 | subdivision (b)(2) of Section 11-1.40 or paragraph (2) of | ||||||
| 21 | subsection (b) of Section 12-14.1 of the Criminal Code of | ||||||
| 22 | 1961 or the Criminal Code of 2012, the sentence shall be a | ||||||
| 23 | term of natural life imprisonment. | ||||||
| 24 | (b) (Blank). | ||||||
| 25 | (c) (Blank). | ||||||
| 26 | (d) Subject to earlier termination under Section 3-3-8, | ||||||
| |||||||
| |||||||
| 1 | the parole or mandatory supervised release term shall be | ||||||
| 2 | written as part of the sentencing order and shall be as | ||||||
| 3 | follows: | ||||||
| 4 | (1) for first degree murder or for the offenses of | ||||||
| 5 | predatory criminal sexual assault of a child, aggravated | ||||||
| 6 | criminal sexual assault, and criminal sexual assault if | ||||||
| 7 | committed on or before December 12, 2005, 3 years; | ||||||
| 8 | (1.5) except as provided in paragraph (7) of this | ||||||
| 9 | subsection (d), for a Class X felony except for the | ||||||
| 10 | offenses of predatory criminal sexual assault of a child, | ||||||
| 11 | aggravated criminal sexual assault, and criminal sexual | ||||||
| 12 | assault if committed on or after December 13, 2005 (the | ||||||
| 13 | effective date of Public Act 94-715) and except for the | ||||||
| 14 | offense of aggravated child pornography under Section | ||||||
| 15 | 11-20.1B, 11-20.3, or 11-20.1 with sentencing under | ||||||
| 16 | subsection (c-5) of Section 11-20.1 of the Criminal Code | ||||||
| 17 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
| 18 | after January 1, 2009, and except for the offense of | ||||||
| 19 | obscene depiction of a purported child with sentencing | ||||||
| 20 | under subsection (d) of Section 11-20.4 of the Criminal | ||||||
| 21 | Code of 2012, 18 months; | ||||||
| 22 | (2) except as provided in paragraph (7) of this | ||||||
| 23 | subsection (d), for a Class 1 felony or a Class 2 felony | ||||||
| 24 | except for the offense of criminal sexual assault if | ||||||
| 25 | committed on or after December 13, 2005 (the effective | ||||||
| 26 | date of Public Act 94-715) and except for the offenses of | ||||||
| |||||||
| |||||||
| 1 | manufacture and dissemination of child sexual abuse | ||||||
| 2 | material under clauses (a)(1) and (a)(2) of Section | ||||||
| 3 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
| 4 | of 2012, if committed on or after January 1, 2009, and | ||||||
| 5 | except for the offense of obscene depiction of a purported | ||||||
| 6 | child under paragraph (2) of subsection (b) of Section | ||||||
| 7 | 11-20.4 of the Criminal Code of 2012, 12 months; | ||||||
| 8 | (3) except as provided in paragraph (4), (6), or (7) | ||||||
| 9 | of this subsection (d), for a Class 3 felony or a Class 4 | ||||||
| 10 | felony, 6 months; no later than 45 days after the onset of | ||||||
| 11 | the term of mandatory supervised release, the Prisoner | ||||||
| 12 | Review Board shall conduct a discretionary discharge | ||||||
| 13 | review pursuant to the provisions of Section 3-3-8, which | ||||||
| 14 | shall include the results of a standardized risk and needs | ||||||
| 15 | assessment tool administered by the Department of | ||||||
| 16 | Corrections; the changes to this paragraph (3) made by | ||||||
| 17 | Public Act 102-1104 apply to all individuals released on | ||||||
| 18 | mandatory supervised release on or after December 6, 2022 | ||||||
| 19 | (the effective date of Public Act 102-1104), including | ||||||
| 20 | those individuals whose sentences were imposed prior to | ||||||
| 21 | December 6, 2022 (the effective date of Public Act | ||||||
| 22 | 102-1104); | ||||||
| 23 | (4) for defendants who commit the offense of predatory | ||||||
| 24 | criminal sexual assault of a child, aggravated criminal | ||||||
| 25 | sexual assault, or criminal sexual assault, on or after | ||||||
| 26 | December 13, 2005 (the effective date of Public Act | ||||||
| |||||||
| |||||||
| 1 | 94-715), or who commit the offense of aggravated child | ||||||
| 2 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
| 3 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
| 4 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 5 | manufacture of child sexual abuse material, or | ||||||
| 6 | dissemination of child sexual abuse material after January | ||||||
| 7 | 1, 2009, or who commit the offense of obscene depiction of | ||||||
| 8 | a purported child under paragraph (2) of subsection (b) of | ||||||
| 9 | Section 11-20.4 of the Criminal Code of 2012 or who commit | ||||||
| 10 | the offense of obscene depiction of a purported child with | ||||||
| 11 | sentencing under subsection (d) of Section 11-20.4 of the | ||||||
| 12 | Criminal Code of 2012, the term of mandatory supervised | ||||||
| 13 | release shall range from a minimum of 3 years to a maximum | ||||||
| 14 | of the natural life of the defendant; | ||||||
| 15 | (5) if the victim is under 18 years of age, for a | ||||||
| 16 | second or subsequent offense of aggravated criminal sexual | ||||||
| 17 | abuse or felony criminal sexual abuse, 4 years, at least | ||||||
| 18 | the first 2 years of which the defendant shall serve in an | ||||||
| 19 | electronic monitoring or home detention program under | ||||||
| 20 | Article 8A of Chapter V of this Code; | ||||||
| 21 | (6) for a felony domestic battery, aggravated domestic | ||||||
| 22 | battery, stalking, aggravated stalking, and a felony | ||||||
| 23 | violation of an order of protection, 4 years; | ||||||
| 24 | (7) for any felony described in paragraph (a)(2)(ii), | ||||||
| 25 | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||||||
| 26 | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section | ||||||
| |||||||
| |||||||
| 1 | 3-6-3 of the Unified Code of Corrections requiring an | ||||||
| 2 | inmate to serve a minimum of 85% of their court-imposed | ||||||
| 3 | sentence, except for the offenses of predatory criminal | ||||||
| 4 | sexual assault of a child, aggravated criminal sexual | ||||||
| 5 | assault, and criminal sexual assault if committed on or | ||||||
| 6 | after December 13, 2005 (the effective date of Public Act | ||||||
| 7 | 94-715) and except for the offense of aggravated child | ||||||
| 8 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
| 9 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
| 10 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 11 | if committed on or after January 1, 2009, and except for | ||||||
| 12 | the offense of obscene depiction of a purported child with | ||||||
| 13 | sentencing under subsection (d) of Section 11-20.4 of the | ||||||
| 14 | Criminal Code of 2012, and except as provided in paragraph | ||||||
| 15 | (4) or paragraph (6) of this subsection (d), the term of | ||||||
| 16 | mandatory supervised release shall be as follows: | ||||||
| 17 | (A) Class X felony, 3 years; | ||||||
| 18 | (B) Class 1 or Class 2 felonies, 2 years; | ||||||
| 19 | (C) Class 3 or Class 4 felonies, 1 year. | ||||||
| 20 | (e) (Blank). | ||||||
| 21 | (f) (Blank). | ||||||
| 22 | (g) Notwithstanding any other provisions of this Act and | ||||||
| 23 | of Public Act 101-652: (i) the provisions of paragraph (3) of | ||||||
| 24 | subsection (d) are effective on July 1, 2022 and shall apply to | ||||||
| 25 | all individuals convicted on or after the effective date of | ||||||
| 26 | paragraph (3) of subsection (d); and (ii) the provisions of | ||||||
| |||||||
| |||||||
| 1 | paragraphs (1.5) and (2) of subsection (d) are effective on | ||||||
| 2 | July 1, 2021 and shall apply to all individuals convicted on or | ||||||
| 3 | after the effective date of paragraphs (1.5) and (2) of | ||||||
| 4 | subsection (d). | ||||||
| 5 | (Source: P.A. 103-51, eff. 1-1-24; 103-825, eff. 1-1-25; | ||||||
| 6 | 104-245, eff. 1-1-26; 104-417, eff. 8-15-25.) | ||||||
| 7 | (730 ILCS 5/5-8-4) (from Ch. 38, par. 1005-8-4) | ||||||
| 8 | Sec. 5-8-4. Concurrent and consecutive terms of | ||||||
| 9 | imprisonment. | ||||||
| 10 | (a) Concurrent terms; multiple or additional sentences. | ||||||
| 11 | When an Illinois court (i) imposes multiple sentences of | ||||||
| 12 | imprisonment on a defendant at the same time or (ii) imposes a | ||||||
| 13 | sentence of imprisonment on a defendant who is already subject | ||||||
| 14 | to a sentence of imprisonment imposed by an Illinois court, a | ||||||
| 15 | court of another state, or a federal court, then the sentences | ||||||
| 16 | shall run concurrently unless otherwise determined by the | ||||||
| 17 | Illinois court under this Section. | ||||||
| 18 | (b) Concurrent terms; misdemeanor and felony. A defendant | ||||||
| 19 | serving a sentence for a misdemeanor who is convicted of a | ||||||
| 20 | felony and sentenced to imprisonment shall be transferred to | ||||||
| 21 | the Department of Corrections, and the misdemeanor sentence | ||||||
| 22 | shall be merged in and run concurrently with the felony | ||||||
| 23 | sentence. | ||||||
| 24 | (c) Consecutive terms; permissive. The court may impose | ||||||
| 25 | consecutive sentences in any of the following circumstances: | ||||||
| |||||||
| |||||||
| 1 | (1) If, having regard to the nature and circumstances | ||||||
| 2 | of the offense and the history and character of the | ||||||
| 3 | defendant, it is the opinion of the court that consecutive | ||||||
| 4 | sentences are required to protect the public from further | ||||||
| 5 | criminal conduct by the defendant, the basis for which the | ||||||
| 6 | court shall set forth in the record. | ||||||
| 7 | (2) If one of the offenses for which a defendant was | ||||||
| 8 | convicted was a violation of Section 32-5.2 (aggravated | ||||||
| 9 | false personation of a peace officer) of the Criminal Code | ||||||
| 10 | of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision | ||||||
| 11 | (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of | ||||||
| 12 | 1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the | ||||||
| 13 | offense was committed in attempting or committing a | ||||||
| 14 | forcible felony. | ||||||
| 15 | (3) If a person charged with a felony commits a | ||||||
| 16 | separate felony while on pretrial release or in pretrial | ||||||
| 17 | detention in a county jail facility or county detention | ||||||
| 18 | facility, then the sentences imposed upon conviction of | ||||||
| 19 | these felonies may be served consecutively regardless of | ||||||
| 20 | the order in which the judgments of conviction are | ||||||
| 21 | entered. | ||||||
| 22 | (4) If a person commits a battery against a county | ||||||
| 23 | correctional officer or sheriff's employee while serving a | ||||||
| 24 | sentence or in pretrial detention in a county jail | ||||||
| 25 | facility, then the sentence imposed upon conviction of the | ||||||
| 26 | battery may be served consecutively with the sentence | ||||||
| |||||||
| |||||||
| 1 | imposed upon conviction of the earlier misdemeanor or | ||||||
| 2 | felony, regardless of the order in which the judgments of | ||||||
| 3 | conviction are entered. | ||||||
| 4 | (5) If a person admitted to pretrial release following | ||||||
| 5 | conviction of a felony commits a separate felony while | ||||||
| 6 | released pretrial or if a person detained in a county jail | ||||||
| 7 | facility or county detention facility following conviction | ||||||
| 8 | of a felony commits a separate felony while in detention, | ||||||
| 9 | then any sentence following conviction of the separate | ||||||
| 10 | felony may be consecutive to that of the original sentence | ||||||
| 11 | for which the defendant was released pretrial or detained. | ||||||
| 12 | (6) If a person is found to be in possession of an item | ||||||
| 13 | of contraband, as defined in Section 31A-0.1 of the | ||||||
| 14 | Criminal Code of 2012, while serving a sentence in a | ||||||
| 15 | county jail or while in pretrial detention in a county | ||||||
| 16 | jail, the sentence imposed upon conviction for the offense | ||||||
| 17 | of possessing contraband in a penal institution may be | ||||||
| 18 | served consecutively to the sentence imposed for the | ||||||
| 19 | offense for which the person is serving a sentence in the | ||||||
| 20 | county jail or while in pretrial detention, regardless of | ||||||
| 21 | the order in which the judgments of conviction are | ||||||
| 22 | entered. | ||||||
| 23 | (7) If a person is sentenced for a violation of a | ||||||
| 24 | condition of pretrial release under Section 32-10 of the | ||||||
| 25 | Criminal Code of 1961 or the Criminal Code of 2012, any | ||||||
| 26 | sentence imposed for that violation may be served | ||||||
| |||||||
| |||||||
| 1 | consecutive to the sentence imposed for the charge for | ||||||
| 2 | which pretrial release had been granted and with respect | ||||||
| 3 | to which the defendant has been convicted. | ||||||
| 4 | (d) Consecutive terms; mandatory. The court shall impose | ||||||
| 5 | consecutive sentences in each of the following circumstances: | ||||||
| 6 | (1) One of the offenses for which the defendant was | ||||||
| 7 | convicted was first degree murder or a Class X or Class 1 | ||||||
| 8 | felony and the defendant inflicted severe bodily injury. | ||||||
| 9 | (2) The defendant was convicted of a violation of | ||||||
| 10 | Section 11-1.20 or 12-13 (criminal sexual assault), | ||||||
| 11 | 11-1.30 or 12-14 (aggravated criminal sexual assault), or | ||||||
| 12 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
| 13 | child) of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 14 | 2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3, | ||||||
| 15 | 5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or | ||||||
| 16 | 5/12-14.1). | ||||||
| 17 | (2.5) The defendant was convicted of a violation of | ||||||
| 18 | paragraph (1), (2), (3), (4), (5), or (7) of subsection | ||||||
| 19 | (a) of Section 11-20.1 (child sexual abuse material or | ||||||
| 20 | child pornography) or of paragraph (1), (2), (3), (4), | ||||||
| 21 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
| 22 | 11-20.3 (aggravated child pornography) of the Criminal | ||||||
| 23 | Code of 1961 or the Criminal Code of 2012; or the defendant | ||||||
| 24 | was convicted of a violation of paragraph (6) of | ||||||
| 25 | subsection (a) of Section 11-20.1 (child sexual abuse | ||||||
| 26 | material or child pornography) or of paragraph (6) of | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of Section 11-20.1B or 11-20.3 (aggravated | ||||||
| 2 | child pornography) of the Criminal Code of 1961 or the | ||||||
| 3 | Criminal Code of 2012, when the child depicted is under | ||||||
| 4 | the age of 13. | ||||||
| 5 | (2.6) The defendant was convicted of: | ||||||
| 6 | (A) a violation of paragraph (2) of subsection (b) | ||||||
| 7 | of Section 11-20.4 of the Criminal Code of 2012; or | ||||||
| 8 | (B) a violation of paragraph (1) of Section | ||||||
| 9 | 11-20.4 of the Criminal Code of 2012 when the | ||||||
| 10 | purported child depicted is indistinguishable from an | ||||||
| 11 | actual child under the age of 13. | ||||||
| 12 | (3) The defendant was convicted of armed violence | ||||||
| 13 | based upon the predicate offense of any of the following: | ||||||
| 14 | solicitation of murder, solicitation of murder for hire, | ||||||
| 15 | heinous battery as described in Section 12-4.1 or | ||||||
| 16 | subdivision (a)(2) of Section 12-3.05, aggravated battery | ||||||
| 17 | of a senior citizen as described in Section 12-4.6 or | ||||||
| 18 | subdivision (a)(4) of Section 12-3.05, criminal sexual | ||||||
| 19 | assault, a violation of subsection (g) of Section 5 of the | ||||||
| 20 | Cannabis Control Act (720 ILCS 550/5), cannabis | ||||||
| 21 | trafficking, a violation of subsection (a) of Section 401 | ||||||
| 22 | of the Illinois Controlled Substances Act (720 ILCS | ||||||
| 23 | 570/401), controlled substance trafficking involving a | ||||||
| 24 | Class X felony amount of controlled substance under | ||||||
| 25 | Section 401 of the Illinois Controlled Substances Act (720 | ||||||
| 26 | ILCS 570/401), a violation of the Methamphetamine Control | ||||||
| |||||||
| |||||||
| 1 | and Community Protection Act (720 ILCS 646/), calculated | ||||||
| 2 | criminal drug conspiracy, or streetgang criminal drug | ||||||
| 3 | conspiracy. | ||||||
| 4 | (4) The defendant was convicted of the offense of | ||||||
| 5 | leaving the scene of a motor vehicle crash involving death | ||||||
| 6 | or personal injuries under Section 11-401 of the Illinois | ||||||
| 7 | Vehicle Code (625 ILCS 5/11-401) and either: (A) | ||||||
| 8 | aggravated driving under the influence of alcohol, other | ||||||
| 9 | drug or drugs, or intoxicating compound or compounds, or | ||||||
| 10 | any combination thereof under Section 11-501 of the | ||||||
| 11 | Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless | ||||||
| 12 | homicide under Section 9-3 of the Criminal Code of 1961 or | ||||||
| 13 | the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an | ||||||
| 14 | offense described in item (A) and an offense described in | ||||||
| 15 | item (B). | ||||||
| 16 | (5) The defendant was convicted of a violation of | ||||||
| 17 | Section 9-3.1 or Section 9-3.4 (concealment of homicidal | ||||||
| 18 | death) or Section 12-20.5 (dismembering a human body) of | ||||||
| 19 | the Criminal Code of 1961 or the Criminal Code of 2012 (720 | ||||||
| 20 | ILCS 5/9-3.1 or 5/12-20.5). | ||||||
| 21 | (5.5) The defendant was convicted of a violation of | ||||||
| 22 | Section 24-3.7 (use of a stolen firearm in the commission | ||||||
| 23 | of an offense) of the Criminal Code of 1961 or the Criminal | ||||||
| 24 | Code of 2012. | ||||||
| 25 | (6) If the defendant was in the custody of the | ||||||
| 26 | Department of Corrections at the time of the commission of | ||||||
| |||||||
| |||||||
| 1 | the offense, the sentence shall be served consecutive to | ||||||
| 2 | the sentence under which the defendant is held by the | ||||||
| 3 | Department of Corrections. If, however, the defendant is | ||||||
| 4 | sentenced to punishment by death, the sentence shall be | ||||||
| 5 | executed at such time as the court may fix without regard | ||||||
| 6 | to the sentence under which the defendant may be held by | ||||||
| 7 | the Department. | ||||||
| 8 | (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4) | ||||||
| 9 | for escape or attempted escape shall be served consecutive | ||||||
| 10 | to the terms under which the offender is held by the | ||||||
| 11 | Department of Corrections. | ||||||
| 12 | (8) (Blank). | ||||||
| 13 | (8.1) If a person charged with a felony commits a | ||||||
| 14 | separate felony while on bond or in pretrial detention in | ||||||
| 15 | a county jail facility or county detention facility, then | ||||||
| 16 | the sentences imposed upon conviction of these felonies | ||||||
| 17 | shall be served consecutively regardless of the order in | ||||||
| 18 | which the judgments of conviction are entered. | ||||||
| 19 | (8.5) (Blank). | ||||||
| 20 | (8.6) If a person commits a battery against a county | ||||||
| 21 | correctional officer or sheriff's employee while serving a | ||||||
| 22 | sentence or in pretrial detention in a county jail | ||||||
| 23 | facility, then the sentence imposed upon conviction of the | ||||||
| 24 | battery shall be served consecutively with the sentence | ||||||
| 25 | imposed upon conviction of the earlier misdemeanor or | ||||||
| 26 | felony, regardless of the order in which the judgments of | ||||||
| |||||||
| |||||||
| 1 | conviction are entered. | ||||||
| 2 | (9) (Blank). | ||||||
| 3 | (9.1) If a person admitted to bail following | ||||||
| 4 | conviction of a felony commits a separate felony while | ||||||
| 5 | free on bond or if a person detained in a county jail | ||||||
| 6 | facility or county detention facility following conviction | ||||||
| 7 | of a felony commits a separate felony while in detention, | ||||||
| 8 | then any sentence following conviction of the separate | ||||||
| 9 | felony shall be consecutive to that of the original | ||||||
| 10 | sentence for which the defendant was on bond or detained. | ||||||
| 11 | (10) (Blank). | ||||||
| 12 | (10.1) If a person is found to be in possession of an | ||||||
| 13 | item of contraband, as defined in Section 31A-0.1 of the | ||||||
| 14 | Criminal Code of 2012, while serving a sentence in a | ||||||
| 15 | county jail or while in pre-trial detention in a county | ||||||
| 16 | jail, the sentence imposed upon conviction for the offense | ||||||
| 17 | of possessing contraband in a penal institution shall be | ||||||
| 18 | served consecutively to the sentence imposed for the | ||||||
| 19 | offense in which the person is serving sentence in the | ||||||
| 20 | county jail or serving pretrial detention, regardless of | ||||||
| 21 | the order in which the judgments of conviction are | ||||||
| 22 | entered. | ||||||
| 23 | (11) (Blank). | ||||||
| 24 | (11.1) If a person is sentenced for a violation of | ||||||
| 25 | bail bond under Section 32-10 of the Criminal Code of 1961 | ||||||
| 26 | or the Criminal Code of 2012, any sentence imposed for | ||||||
| |||||||
| |||||||
| 1 | that violation shall be served consecutive to the sentence | ||||||
| 2 | imposed for the charge for which bail had been granted and | ||||||
| 3 | with respect to which the defendant has been convicted. | ||||||
| 4 | (e) Consecutive terms; subsequent non-Illinois term. If an | ||||||
| 5 | Illinois court has imposed a sentence of imprisonment on a | ||||||
| 6 | defendant and the defendant is subsequently sentenced to a | ||||||
| 7 | term of imprisonment by a court of another state or a federal | ||||||
| 8 | court, then the Illinois sentence shall run consecutively to | ||||||
| 9 | the sentence imposed by the court of the other state or the | ||||||
| 10 | federal court. That same Illinois court, however, may order | ||||||
| 11 | that the Illinois sentence run concurrently with the sentence | ||||||
| 12 | imposed by the court of the other state or the federal court, | ||||||
| 13 | but only if the defendant applies to that same Illinois court | ||||||
| 14 | within 30 days after the sentence imposed by the court of the | ||||||
| 15 | other state or the federal court is finalized. | ||||||
| 16 | (f) Consecutive terms; aggregate maximums and minimums. | ||||||
| 17 | The aggregate maximum and aggregate minimum of consecutive | ||||||
| 18 | sentences shall be determined as follows: | ||||||
| 19 | (1) For sentences imposed under law in effect prior to | ||||||
| 20 | February 1, 1978, the aggregate maximum of consecutive | ||||||
| 21 | sentences shall not exceed the maximum term authorized | ||||||
| 22 | under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of | ||||||
| 23 | Chapter V for the 2 most serious felonies involved. The | ||||||
| 24 | aggregate minimum period of consecutive sentences shall | ||||||
| 25 | not exceed the highest minimum term authorized under | ||||||
| 26 | Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter | ||||||
| |||||||
| |||||||
| 1 | V for the 2 most serious felonies involved. When sentenced | ||||||
| 2 | only for misdemeanors, a defendant shall not be | ||||||
| 3 | consecutively sentenced to more than the maximum for one | ||||||
| 4 | Class A misdemeanor. | ||||||
| 5 | (2) For sentences imposed under the law in effect on | ||||||
| 6 | or after February 1, 1978, the aggregate of consecutive | ||||||
| 7 | sentences for offenses that were committed as part of a | ||||||
| 8 | single course of conduct during which there was no | ||||||
| 9 | substantial change in the nature of the criminal objective | ||||||
| 10 | shall not exceed the sum of the maximum terms authorized | ||||||
| 11 | under Article 4.5 of Chapter V for the 2 most serious | ||||||
| 12 | felonies involved, but no such limitation shall apply for | ||||||
| 13 | offenses that were not committed as part of a single | ||||||
| 14 | course of conduct during which there was no substantial | ||||||
| 15 | change in the nature of the criminal objective. When | ||||||
| 16 | sentenced only for misdemeanors, a defendant shall not be | ||||||
| 17 | consecutively sentenced to more than the maximum for one | ||||||
| 18 | Class A misdemeanor. | ||||||
| 19 | (g) Consecutive terms; manner served. In determining the | ||||||
| 20 | manner in which consecutive sentences of imprisonment, one or | ||||||
| 21 | more of which is for a felony, will be served, the Department | ||||||
| 22 | of Corrections shall treat the defendant as though he or she | ||||||
| 23 | had been committed for a single term subject to each of the | ||||||
| 24 | following: | ||||||
| 25 | (1) The maximum period of a term of imprisonment shall | ||||||
| 26 | consist of the aggregate of the maximums of the imposed | ||||||
| |||||||
| |||||||
| 1 | indeterminate terms, if any, plus the aggregate of the | ||||||
| 2 | imposed determinate sentences for felonies, plus the | ||||||
| 3 | aggregate of the imposed determinate sentences for | ||||||
| 4 | misdemeanors, subject to subsection (f) of this Section. | ||||||
| 5 | (2) The parole or mandatory supervised release term | ||||||
| 6 | shall be as provided in paragraph (e) of Section 5-4.5-50 | ||||||
| 7 | (730 ILCS 5/5-4.5-50) for the most serious of the offenses | ||||||
| 8 | involved. | ||||||
| 9 | (3) The minimum period of imprisonment shall be the | ||||||
| 10 | aggregate of the minimum and determinate periods of | ||||||
| 11 | imprisonment imposed by the court, subject to subsection | ||||||
| 12 | (f) of this Section. | ||||||
| 13 | (4) The defendant shall be awarded credit against the | ||||||
| 14 | aggregate maximum term and the aggregate minimum term of | ||||||
| 15 | imprisonment for all time served in an institution since | ||||||
| 16 | the commission of the offense or offenses and as a | ||||||
| 17 | consequence thereof at the rate specified in Section 3-6-3 | ||||||
| 18 | (730 ILCS 5/3-6-3). | ||||||
| 19 | (h) Notwithstanding any other provisions of this Section, | ||||||
| 20 | all sentences imposed by an Illinois court under this Code | ||||||
| 21 | shall run concurrent to any and all sentences imposed under | ||||||
| 22 | the Juvenile Court Act of 1987. | ||||||
| 23 | (Source: P.A. 103-825, eff. 1-1-25; 103-1081, eff. 3-21-25; | ||||||
| 24 | 104-245, eff. 1-1-26; revised 10-27-25.) | ||||||
| 25 | (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5-8-6. Place of confinement. | ||||||
| 2 | (a) Offenders Except as otherwise provided in this | ||||||
| 3 | subsection (a), offenders sentenced to a term of imprisonment | ||||||
| 4 | for a felony shall be committed to the penitentiary system of | ||||||
| 5 | the Department of Corrections. However, such sentence shall | ||||||
| 6 | not limit the powers of the Department of Children and Family | ||||||
| 7 | Services in relation to any child under the age of one year in | ||||||
| 8 | the sole custody of a person so sentenced, nor in relation to | ||||||
| 9 | any child delivered by a female so sentenced while she is so | ||||||
| 10 | confined as a consequence of such sentence. A Except as | ||||||
| 11 | otherwise provided in this subsection (a), a person sentenced | ||||||
| 12 | for a felony may be assigned by the Department of Corrections | ||||||
| 13 | to any of its institutions, facilities or programs. An | ||||||
| 14 | offender sentenced to a term of imprisonment for a Class 3 or 4 | ||||||
| 15 | felony, other than a violent crime as defined in Section 3 of | ||||||
| 16 | the Rights of Crime Victims and Witnesses Act, in which the | ||||||
| 17 | sentencing order indicates that the offender has less than 4 | ||||||
| 18 | months remaining on his or her sentence accounting for time | ||||||
| 19 | served may not be confined in the penitentiary system of the | ||||||
| 20 | Department of Corrections but may be assigned to electronic | ||||||
| 21 | home detention under Article 8A of this Chapter V, an adult | ||||||
| 22 | transition center, or another facility or program within the | ||||||
| 23 | Department of Corrections. | ||||||
| 24 | (b) Offenders sentenced to a term of imprisonment for less | ||||||
| 25 | than one year shall be committed to the custody of the sheriff. | ||||||
| 26 | A person committed to the Department of Corrections, prior to | ||||||
| |||||||
| |||||||
| 1 | July 14, 1983, for less than one year may be assigned by the | ||||||
| 2 | Department to any of its institutions, facilities or programs. | ||||||
| 3 | (c) All offenders under 18 years of age when sentenced to | ||||||
| 4 | imprisonment shall be committed to the Department of Juvenile | ||||||
| 5 | Justice and the court in its order of commitment shall set a | ||||||
| 6 | definite term. The provisions of Section 3-3-3 shall be a part | ||||||
| 7 | of such commitment as fully as though written in the order of | ||||||
| 8 | commitment. The place of confinement for sentences imposed | ||||||
| 9 | before the effective date of this amendatory Act of the 99th | ||||||
| 10 | General Assembly are not affected or abated by this amendatory | ||||||
| 11 | Act of the 99th General Assembly. | ||||||
| 12 | (d) No defendant shall be committed to the Department of | ||||||
| 13 | Corrections for the recovery of a fine or costs. | ||||||
| 14 | (e) When a court sentences a defendant to a term of | ||||||
| 15 | imprisonment concurrent with a previous and unexpired sentence | ||||||
| 16 | of imprisonment imposed by any district court of the United | ||||||
| 17 | States, it may commit the offender to the custody of the | ||||||
| 18 | Attorney General of the United States. The Attorney General of | ||||||
| 19 | the United States, or the authorized representative of the | ||||||
| 20 | Attorney General of the United States, shall be furnished with | ||||||
| 21 | the warrant of commitment from the court imposing sentence, | ||||||
| 22 | which warrant of commitment shall provide that, when the | ||||||
| 23 | offender is released from federal confinement, whether by | ||||||
| 24 | parole or by termination of sentence, the offender shall be | ||||||
| 25 | transferred by the Sheriff of the committing county to the | ||||||
| 26 | Department of Corrections. The court shall cause the | ||||||
| |||||||
| |||||||
| 1 | Department to be notified of such sentence at the time of | ||||||
| 2 | commitment and to be provided with copies of all records | ||||||
| 3 | regarding the sentence. | ||||||
| 4 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| 5 | (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2) | ||||||
| 6 | Sec. 5-8A-2. Definitions. As used in this Article: | ||||||
| 7 | (A) "Approved electronic monitoring device" means a device | ||||||
| 8 | approved by the supervising authority which is primarily | ||||||
| 9 | intended to record or transmit information as to the | ||||||
| 10 | defendant's presence or nonpresence in the home, consumption | ||||||
| 11 | of alcohol, consumption of drugs, location as determined | ||||||
| 12 | through GPS, cellular triangulation, Wi-Fi, or other | ||||||
| 13 | electronic means. | ||||||
| 14 | An approved electronic monitoring device may record or | ||||||
| 15 | transmit: oral or wire communications or an auditory sound; | ||||||
| 16 | visual images; or information regarding the offender's | ||||||
| 17 | activities while inside the offender's home. These devices are | ||||||
| 18 | subject to the required consent as set forth in Section 5-8A-5 | ||||||
| 19 | of this Article. | ||||||
| 20 | An approved electronic monitoring device may be used to | ||||||
| 21 | record a conversation between the participant and the | ||||||
| 22 | monitoring device, or the participant and the person | ||||||
| 23 | supervising the participant solely for the purpose of | ||||||
| 24 | identification and not for the purpose of eavesdropping or | ||||||
| 25 | conducting any other illegally intrusive monitoring. | ||||||
| |||||||
| |||||||
| 1 | (A-10) "Department" means the Department of Corrections or | ||||||
| 2 | the Department of Juvenile Justice. | ||||||
| 3 | (A-20) "Electronic monitoring" means the monitoring of an | ||||||
| 4 | inmate, person, or offender with an electronic device both | ||||||
| 5 | within and outside of their home under the terms and | ||||||
| 6 | conditions established by the supervising authority. | ||||||
| 7 | (B) "Excluded offenses" means first degree murder, escape, | ||||||
| 8 | predatory criminal sexual assault of a child, aggravated | ||||||
| 9 | criminal sexual assault, criminal sexual assault, aggravated | ||||||
| 10 | battery with a firearm as described in Section 12-4.2 or | ||||||
| 11 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
| 12 | 12-3.05, bringing or possessing a firearm, ammunition or | ||||||
| 13 | explosive in a penal institution, any "Super-X" drug offense | ||||||
| 14 | or calculated criminal drug conspiracy or streetgang criminal | ||||||
| 15 | drug conspiracy, or any predecessor or successor offenses with | ||||||
| 16 | the same or substantially the same elements, or any inchoate | ||||||
| 17 | offenses relating to the foregoing offenses. | ||||||
| 18 | (B-10) "GPS" means a device or system which utilizes the | ||||||
| 19 | Global Positioning Satellite system for determining the | ||||||
| 20 | location of a person, inmate or offender. | ||||||
| 21 | (C) "Home detention" means the confinement of a person | ||||||
| 22 | convicted or charged with an offense to his or her place of | ||||||
| 23 | residence under the terms and conditions established by the | ||||||
| 24 | supervising authority. Confinement need not be 24 hours per | ||||||
| 25 | day to qualify as home detention, and significant restrictions | ||||||
| 26 | on liberty such as 7pm to 7am curfews shall qualify. Home | ||||||
| |||||||
| |||||||
| 1 | confinement may or may not be accompanied by electronic | ||||||
| 2 | monitoring, and electronic monitoring is not required for | ||||||
| 3 | purposes of sentencing credit. | ||||||
| 4 | (D) "Participant" means an inmate or offender placed into | ||||||
| 5 | an electronic monitoring program. | ||||||
| 6 | (E) "Supervising authority" means the Department of | ||||||
| 7 | Corrections, the Department of Juvenile Justice, probation | ||||||
| 8 | department, a Chief Judge's office, pretrial services division | ||||||
| 9 | or department, sheriff, superintendent of municipal house of | ||||||
| 10 | corrections or any other officer or agency charged with | ||||||
| 11 | authorizing and supervising electronic monitoring and home | ||||||
| 12 | detention. | ||||||
| 13 | (F) "Super-X drug offense" means a violation of Section | ||||||
| 14 | 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D); | ||||||
| 15 | Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B), | ||||||
| 16 | (C), or (D) of the Illinois Controlled Substances Act. | ||||||
| 17 | (G) "Wi-Fi" or "WiFi" means a device or system which | ||||||
| 18 | utilizes a wireless local area network for determining the | ||||||
| 19 | location of a person, inmate or offender. | ||||||
| 20 | (Source: P.A. 101-652, eff. 7-1-21.) | ||||||
| 21 | (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4) | ||||||
| 22 | Sec. 5-8A-4. Program description. The supervising | ||||||
| 23 | authority may promulgate rules that prescribe reasonable | ||||||
| 24 | guidelines under which an electronic monitoring and home | ||||||
| 25 | detention program shall operate. When using electronic | ||||||
| |||||||
| |||||||
| 1 | monitoring for home detention these rules shall may include, | ||||||
| 2 | but not be limited to, the following: | ||||||
| 3 | (A) The participant shall may be instructed to remain | ||||||
| 4 | within the interior premises or within the property | ||||||
| 5 | boundaries of his or her residence at all times during the | ||||||
| 6 | hours designated by the supervising authority. Such | ||||||
| 7 | instances of approved absences from the home may shall | ||||||
| 8 | include, but are not limited to, the following: | ||||||
| 9 | (1) working or employment approved by the court or | ||||||
| 10 | traveling to or from approved employment; | ||||||
| 11 | (2) unemployed and seeking employment approved for | ||||||
| 12 | the participant by the court; | ||||||
| 13 | (3) undergoing medical, psychiatric, mental health | ||||||
| 14 | treatment, counseling, or other treatment programs | ||||||
| 15 | approved for the participant by the court; | ||||||
| 16 | (4) attending an educational institution or a | ||||||
| 17 | program approved for the participant by the court; | ||||||
| 18 | (5) attending a regularly scheduled religious | ||||||
| 19 | service at a place of worship; | ||||||
| 20 | (6) participating in community work release or | ||||||
| 21 | community service programs approved for the | ||||||
| 22 | participant by the supervising authority; | ||||||
| 23 | (7) for another compelling reason consistent with | ||||||
| 24 | the public interest, as approved by the supervising | ||||||
| 25 | authority; or | ||||||
| 26 | (8) purchasing groceries, food, or other basic | ||||||
| |||||||
| |||||||
| 1 | necessities. | ||||||
| 2 | (A-1) At a minimum, any person ordered to pretrial | ||||||
| 3 | home confinement with or without electronic monitoring | ||||||
| 4 | must be provided with movement spread out over no fewer | ||||||
| 5 | than two days per week, to participate in basic activities | ||||||
| 6 | such as those listed in paragraph (A). In this subdivision | ||||||
| 7 | (A-1), "days" means a reasonable time period during a | ||||||
| 8 | calendar day, as outlined by the court in the order | ||||||
| 9 | placing the person on home confinement. | ||||||
| 10 | (B) The participant shall admit any person or agent | ||||||
| 11 | designated by the supervising authority into his or her | ||||||
| 12 | residence at any time for purposes of verifying the | ||||||
| 13 | participant's compliance with the conditions of his or her | ||||||
| 14 | detention. | ||||||
| 15 | (C) The participant shall make the necessary | ||||||
| 16 | arrangements to allow for any person or agent designated | ||||||
| 17 | by the supervising authority to visit the participant's | ||||||
| 18 | place of education or employment at any time, based upon | ||||||
| 19 | the approval of the educational institution employer or | ||||||
| 20 | both, for the purpose of verifying the participant's | ||||||
| 21 | compliance with the conditions of his or her detention. | ||||||
| 22 | (D) The participant shall acknowledge and participate | ||||||
| 23 | with the approved electronic monitoring device as | ||||||
| 24 | designated by the supervising authority at any time for | ||||||
| 25 | the purpose of verifying the participant's compliance with | ||||||
| 26 | the conditions of his or her detention. | ||||||
| |||||||
| |||||||
| 1 | (E) The participant shall maintain the following: | ||||||
| 2 | (1) access to a working telephone in the | ||||||
| 3 | participant's home; | ||||||
| 4 | (2) a monitoring device in the participant's home, | ||||||
| 5 | or on the participant's person, or both; and | ||||||
| 6 | (3) a monitoring device in the participant's home | ||||||
| 7 | and on the participant's person in the absence of a | ||||||
| 8 | telephone. | ||||||
| 9 | (F) The participant shall obtain approval from the | ||||||
| 10 | supervising authority before the participant changes | ||||||
| 11 | residence or the schedule described in subsection (A) of | ||||||
| 12 | this Section. Such approval shall not be unreasonably | ||||||
| 13 | withheld. | ||||||
| 14 | (G) The participant shall not commit another crime | ||||||
| 15 | during the period of home detention ordered by the Court. | ||||||
| 16 | (H) Notice to the participant that violation of the | ||||||
| 17 | order for home detention may subject the participant to | ||||||
| 18 | prosecution for the crime of escape as described in | ||||||
| 19 | Section 5-8A-4.1. | ||||||
| 20 | (I) The participant shall abide by other conditions as | ||||||
| 21 | set by the supervising authority. | ||||||
| 22 | The supervising authority shall adopt rules to immediately | ||||||
| 23 | remove all approved electronic monitoring devices of a | ||||||
| 24 | pregnant participant during labor and delivery. | ||||||
| 25 | This Section takes effect January 1, 2022. | ||||||
| 26 | (Source: P.A. 102-28, eff. 6-25-21; 102-687, eff. 12-17-21; | ||||||
| |||||||
| |||||||
| 1 | 102-1104, eff. 12-6-22; 103-745, eff. 1-1-25.) | ||||||
| 2 | (730 ILCS 5/5-8A-4.1) | ||||||
| 3 | Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||||||
| 4 | of the electronic monitoring or home detention program. | ||||||
| 5 | (a) A person charged with or convicted of a felony, or | ||||||
| 6 | charged with or adjudicated delinquent for an act which, if | ||||||
| 7 | committed by an adult, would constitute a felony, | ||||||
| 8 | conditionally released from the supervising authority through | ||||||
| 9 | an electronic monitoring or home detention program, who | ||||||
| 10 | knowingly escapes or leaves from the geographic boundaries of | ||||||
| 11 | an electronic monitoring or home detention program with the | ||||||
| 12 | intent to evade prosecution violates a condition of the | ||||||
| 13 | electronic monitoring or home detention program is guilty of a | ||||||
| 14 | Class 3 felony. | ||||||
| 15 | (b) A person charged with or convicted of a misdemeanor, | ||||||
| 16 | or charged with or adjudicated delinquent for an act which, if | ||||||
| 17 | committed by an adult, would constitute a misdemeanor, | ||||||
| 18 | conditionally released from the supervising authority through | ||||||
| 19 | an electronic monitoring or home detention program, who | ||||||
| 20 | knowingly escapes or leaves from the geographic boundaries of | ||||||
| 21 | an electronic monitoring or home detention program with the | ||||||
| 22 | intent to evade prosecution violates a condition of the | ||||||
| 23 | electronic monitoring or home detention program is guilty of a | ||||||
| 24 | Class B misdemeanor. | ||||||
| 25 | (c) A person who violates this Section while armed with a | ||||||
| |||||||
| |||||||
| 1 | dangerous weapon is guilty of a Class 1 felony. | ||||||
| 2 | (Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.) | ||||||
| 3 | (730 ILCS 5/5-6-3.8 rep.) | ||||||
| 4 | (730 ILCS 5/5-8A-4.15 rep.) | ||||||
| 5 | Section 300. The Unified Code of Corrections is amended by | ||||||
| 6 | repealing Sections 5-6-3.8 and 5-8A-4.15. | ||||||
| 7 | Section 305. 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 bail bond | ||||||
| 16 | pretrial release provisions of the Code of Criminal Procedure | ||||||
| 17 | of 1963. | ||||||
| 18 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 19 | Section 310. The County Jail Act is amended by changing | ||||||
| 20 | Section 5 as follows: | ||||||
| 21 | (730 ILCS 125/5) (from Ch. 75, par. 105) | ||||||
| |||||||
| |||||||
| 1 | Sec. 5. Costs of maintaining committed persons. | ||||||
| 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 bail has the conditions of pretrial release have been | ||||||
| 25 | set on the new charge; (iii) the county has notified the | ||||||
| 26 | Illinois Department of Corrections that the person is | ||||||
| |||||||
| |||||||
| 1 | incarcerated in the county jail, which notice shall not be | ||||||
| 2 | given until the bail hearing 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. 103-745, eff. 1-1-25.) | ||||||
| 21 | Section 315. The County Jail Good Behavior Allowance Act | ||||||
| 22 | is amended by changing Section 3 as follows: | ||||||
| 23 | (730 ILCS 130/3) (from Ch. 75, par. 32) | ||||||
| 24 | Sec. 3. The good behavior of any person who commences a | ||||||
| |||||||
| |||||||
| 1 | sentence of confinement in a county jail for a fixed term of | ||||||
| 2 | imprisonment after January 1, 1987 shall entitle such person | ||||||
| 3 | to a good behavior allowance, except that: (1) a person who | ||||||
| 4 | inflicted physical harm upon another person in committing the | ||||||
| 5 | offense for which he is confined shall receive no good | ||||||
| 6 | behavior allowance; and (2) a person sentenced for an offense | ||||||
| 7 | for which the law provides a mandatory minimum sentence shall | ||||||
| 8 | not receive any portion of a good behavior allowance that | ||||||
| 9 | would reduce the sentence below the mandatory minimum; and (3) | ||||||
| 10 | a person sentenced to a county impact incarceration program; | ||||||
| 11 | and (4) a person who is convicted of criminal sexual assault | ||||||
| 12 | under subdivision (a)(3) of Section 11-1.20 or paragraph | ||||||
| 13 | (a)(3) of Section 12-13 of the Criminal Code of 1961 or the | ||||||
| 14 | Criminal Code of 2012, criminal sexual abuse, or aggravated | ||||||
| 15 | criminal sexual abuse shall receive no good behavior | ||||||
| 16 | allowance. The good behavior allowance provided for in this | ||||||
| 17 | Section shall not apply to individuals sentenced for a felony | ||||||
| 18 | to probation or conditional discharge where a condition of | ||||||
| 19 | such probation or conditional discharge is that the individual | ||||||
| 20 | serve a sentence of periodic imprisonment or to individuals | ||||||
| 21 | sentenced under an order of court for civil contempt. | ||||||
| 22 | Such good behavior allowance shall be cumulative and | ||||||
| 23 | awarded as provided in this Section. | ||||||
| 24 | The good behavior allowance rate shall be cumulative and | ||||||
| 25 | awarded on the following basis: | ||||||
| 26 | The prisoner shall receive one day of good behavior | ||||||
| |||||||
| |||||||
| 1 | allowance for each day of service of sentence in the county | ||||||
| 2 | jail, and one day of good behavior allowance for each day of | ||||||
| 3 | incarceration in the county jail before sentencing for the | ||||||
| 4 | offense that he or she is currently serving a sentence but was | ||||||
| 5 | unable to post bail comply with the conditions of pretrial | ||||||
| 6 | release before sentencing, except that a prisoner serving a | ||||||
| 7 | sentence of periodic imprisonment under Section 5-7-1 of the | ||||||
| 8 | Unified Code of Corrections shall only be eligible to receive | ||||||
| 9 | good behavior allowance if authorized by the sentencing judge. | ||||||
| 10 | Each day of good behavior allowance shall reduce by one day the | ||||||
| 11 | prisoner's period of incarceration set by the court. For the | ||||||
| 12 | purpose of calculating a prisoner's good behavior allowance, a | ||||||
| 13 | fractional part of a day shall not be calculated as a day of | ||||||
| 14 | service of sentence in the county jail unless the fractional | ||||||
| 15 | part of the day is over 12 hours in which case a whole day | ||||||
| 16 | shall be credited on the good behavior allowance. | ||||||
| 17 | If consecutive sentences are served and the time served | ||||||
| 18 | amounts to a total of one year or more, the good behavior | ||||||
| 19 | allowance shall be calculated on a continuous basis throughout | ||||||
| 20 | the entire time served beginning on the first date of sentence | ||||||
| 21 | or incarceration, as the case may be. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-23; revised 6-23-25.) | ||||||
| 23 | Section 320. The Veterans and Servicemembers Court | ||||||
| 24 | Treatment Act is amended by changing Section 20 as follows: | ||||||
| |||||||
| |||||||
| 1 | (730 ILCS 167/20) | ||||||
| 2 | Sec. 20. Eligibility. Veterans and servicemembers are | ||||||
| 3 | eligible for veterans and servicemembers courts, provided the | ||||||
| 4 | following: | ||||||
| 5 | (a) A defendant may be admitted into a veterans and | ||||||
| 6 | servicemembers court program only upon the consent of the | ||||||
| 7 | defendant and with the approval of the court. A defendant | ||||||
| 8 | agrees to be admitted when a written consent to | ||||||
| 9 | participate is provided to the court in open court and the | ||||||
| 10 | defendant acknowledges understanding of its contents. | ||||||
| 11 | (a-5) Each veterans and servicemembers court shall | ||||||
| 12 | have a target population defined in its written policies | ||||||
| 13 | and procedures. The policies and procedures shall define | ||||||
| 14 | that court's eligibility and exclusionary criteria. | ||||||
| 15 | (b) A defendant shall be excluded from a veterans and | ||||||
| 16 | servicemembers court program if any of one of the | ||||||
| 17 | following applies: | ||||||
| 18 | (1) The crime is a crime of violence as set forth | ||||||
| 19 | in paragraph (3) of this subsection (b). | ||||||
| 20 | (2) The defendant does not demonstrate a | ||||||
| 21 | willingness to participate in a treatment program. | ||||||
| 22 | (3) The defendant has been convicted of a crime of | ||||||
| 23 | violence within the past 5 years excluding | ||||||
| 24 | incarceration time, parole, and periods of mandatory | ||||||
| 25 | supervised release. As used in this paragraph, "crime | ||||||
| 26 | of violence" means: first degree murder, second degree | ||||||
| |||||||
| |||||||
| 1 | murder, predatory criminal sexual assault of a child, | ||||||
| 2 | aggravated criminal sexual assault, criminal sexual | ||||||
| 3 | assault, armed robbery, aggravated arson, arson, | ||||||
| 4 | aggravated kidnapping and kidnapping, aggravated | ||||||
| 5 | battery resulting in great bodily harm or permanent | ||||||
| 6 | disability, aggravated domestic battery resulting in | ||||||
| 7 | great bodily harm or permanent disability, aggravated | ||||||
| 8 | criminal sexual abuse by a person in a position of | ||||||
| 9 | trust or authority over a child, stalking, aggravated | ||||||
| 10 | stalking, home invasion, aggravated vehicular | ||||||
| 11 | hijacking, or any offense involving the discharge of a | ||||||
| 12 | firearm. | ||||||
| 13 | (4) The defendant is charged with a violation of | ||||||
| 14 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 15 | Section 11-501 of the Illinois Vehicle Code in which | ||||||
| 16 | an individual is charged with aggravated driving under | ||||||
| 17 | the influence that resulted in the death of another | ||||||
| 18 | person or when the violation was a proximate cause of | ||||||
| 19 | the death, unless, pursuant to subparagraph (G) of | ||||||
| 20 | paragraph (1) of subsection (d) of Section 11-501 of | ||||||
| 21 | the Illinois Vehicle Code, the court determines that | ||||||
| 22 | extraordinary circumstances exist and require | ||||||
| 23 | probation. | ||||||
| 24 | (4.1) The crime for which the defendant has been | ||||||
| 25 | convicted is non-probationable. | ||||||
| 26 | (5) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (6) (Blank). | ||||||
| 2 | (c) Notwithstanding subsection (a), the defendant may | ||||||
| 3 | be admitted into a veterans and servicemembers court | ||||||
| 4 | program only upon the agreement of the prosecutor if the | ||||||
| 5 | defendant is charged with a Class 2 or greater felony | ||||||
| 6 | violation of: | ||||||
| 7 | (1) Section 401, 401.1, 405, or 405.2 of the | ||||||
| 8 | Illinois Controlled Substances Act; | ||||||
| 9 | (2) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
| 10 | Act; or | ||||||
| 11 | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, | ||||||
| 12 | or 65 of the Methamphetamine Control and Community | ||||||
| 13 | Protection Act. | ||||||
| 14 | (Source: P.A. 102-1041, eff. 6-2-22; 103-154, eff. 6-30-23.) | ||||||
| 15 | Section 325. The Mental Health Court Treatment Act is | ||||||
| 16 | amended by changing Section 20 as follows: | ||||||
| 17 | (730 ILCS 168/20) | ||||||
| 18 | Sec. 20. Eligibility. | ||||||
| 19 | (a) A defendant may be admitted into a mental health court | ||||||
| 20 | program only upon the consent of the defendant and with the | ||||||
| 21 | approval of the court. A defendant agrees to be admitted when a | ||||||
| 22 | written consent to participate is provided to the court in | ||||||
| 23 | open court and the defendant acknowledges understanding its | ||||||
| 24 | contents. | ||||||
| |||||||
| |||||||
| 1 | (a-5) Each mental health court shall have a target | ||||||
| 2 | population defined in its written policies and procedures. The | ||||||
| 3 | policies and procedures shall define that court's eligibility | ||||||
| 4 | and exclusionary criteria. | ||||||
| 5 | (b) A defendant shall be excluded from a mental health | ||||||
| 6 | court program if any one of the following applies: | ||||||
| 7 | (1) The crime is a crime of violence as set forth in | ||||||
| 8 | paragraph (3) of this subsection (b). | ||||||
| 9 | (2) The defendant does not demonstrate a willingness | ||||||
| 10 | to participate in a treatment program. | ||||||
| 11 | (3) The defendant has been convicted of a crime of | ||||||
| 12 | violence within the past 5 years excluding incarceration | ||||||
| 13 | time, parole, and periods of mandatory supervised release. | ||||||
| 14 | As used in this paragraph (3), "crime of violence" means: | ||||||
| 15 | first degree murder, second degree murder, predatory | ||||||
| 16 | criminal sexual assault of a child, aggravated criminal | ||||||
| 17 | sexual assault, criminal sexual assault, armed robbery, | ||||||
| 18 | aggravated arson, arson, aggravated kidnapping, | ||||||
| 19 | kidnapping, aggravated battery resulting in great bodily | ||||||
| 20 | harm or permanent disability, aggravated domestic battery | ||||||
| 21 | resulting in great bodily harm or permanent disability, | ||||||
| 22 | aggravated criminal sexual abuse by a person in a position | ||||||
| 23 | of trust or authority over a child, stalking, aggravated | ||||||
| 24 | stalking, home invasion, aggravated vehicular hijacking, | ||||||
| 25 | or any offense involving the discharge of a firearm. | ||||||
| 26 | (4) The defendant is charged with a violation of | ||||||
| |||||||
| |||||||
| 1 | subparagraph (F) of paragraph (1) of subsection (d) of | ||||||
| 2 | Section 11-501 of the Illinois Vehicle Code in which an | ||||||
| 3 | individual is charged with aggravated driving under the | ||||||
| 4 | influence that resulted in the death of another person or | ||||||
| 5 | when the violation was a proximate cause of the death, | ||||||
| 6 | unless, pursuant to subparagraph (G) of paragraph (1) of | ||||||
| 7 | subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
| 8 | Code, the court determines that extraordinary | ||||||
| 9 | circumstances exist and require probation. | ||||||
| 10 | (5) (Blank). | ||||||
| 11 | (5.1) The crime for which the defendant has been | ||||||
| 12 | convicted is non-probationable. | ||||||
| 13 | (6) (Blank). | ||||||
| 14 | (c) Notwithstanding subsection (a), the defendant may be | ||||||
| 15 | admitted into a mental health court program only upon the | ||||||
| 16 | agreement of the prosecutor if the defendant is charged with a | ||||||
| 17 | Class 2 or greater felony violation of: | ||||||
| 18 | (1) Section 401, 401.1, 405, or 405.2 of the Illinois | ||||||
| 19 | Controlled Substances Act; | ||||||
| 20 | (2) Section 5, 5.1, or 5.2 of the Cannabis Control | ||||||
| 21 | Act; or | ||||||
| 22 | (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or | ||||||
| 23 | 65 of the Methamphetamine Control and Community Protection | ||||||
| 24 | Act. | ||||||
| 25 | (Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22.) | ||||||
| |||||||
| |||||||
| 1 | Section 330. The Code of Civil Procedure is amended by | ||||||
| 2 | changing Sections 10-106, 10-125, 10-127, 10-135, and 10-136 | ||||||
| 3 | as follows: | ||||||
| 4 | (735 ILCS 5/10-106) (from Ch. 110, par. 10-106) | ||||||
| 5 | Sec. 10-106. Grant of relief - Penalty. Unless it shall | ||||||
| 6 | appear from the complaint itself, or from the documents | ||||||
| 7 | thereto annexed, that the party can neither be discharged, | ||||||
| 8 | admitted to bail pretrial release nor otherwise relieved, the | ||||||
| 9 | court shall forthwith award relief by habeas corpus. Any judge | ||||||
| 10 | empowered to grant relief by habeas corpus who shall corruptly | ||||||
| 11 | refuse to grant the relief when legally applied for in a case | ||||||
| 12 | where it may lawfully be granted, or who shall for the purpose | ||||||
| 13 | of oppression unreasonably delay the granting of such relief | ||||||
| 14 | shall, for every such offense, forfeit to the prisoner or | ||||||
| 15 | party affected a sum not exceeding $1,000. | ||||||
| 16 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 17 | (735 ILCS 5/10-125) (from Ch. 110, par. 10-125) | ||||||
| 18 | Sec. 10-125. New commitment. In all cases where the | ||||||
| 19 | imprisonment is for a criminal, or supposed criminal matter, | ||||||
| 20 | if it appears to the court that there is sufficient legal cause | ||||||
| 21 | for the commitment of the prisoner, although such commitment | ||||||
| 22 | may have been informally made, or without due authority, or | ||||||
| 23 | the process may have been executed by a person not duly | ||||||
| 24 | authorized, the court shall make a new commitment in proper | ||||||
| |||||||
| |||||||
| 1 | form, and direct it to the proper officer, or admit the party | ||||||
| 2 | to bail pretrial release if the case is bailable eligible for | ||||||
| 3 | pretrial release. The court shall also, when necessary, take | ||||||
| 4 | the recognizance of all material witnesses against the | ||||||
| 5 | prisoner, as in other cases. The recognizances shall be in the | ||||||
| 6 | form provided by law, and returned as other recognizances. If | ||||||
| 7 | any judge shall neglect or refuse to bind any such prisoner or | ||||||
| 8 | witness by recognizance, or to return a recognizance when | ||||||
| 9 | taken as hereinabove stated, he or she shall be guilty of a | ||||||
| 10 | Class A misdemeanor in office, and be proceeded against | ||||||
| 11 | accordingly. | ||||||
| 12 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 13 | (735 ILCS 5/10-127) (from Ch. 110, par. 10-127) | ||||||
| 14 | Sec. 10-127. Grant of habeas corpus. It is not lawful for | ||||||
| 15 | any court, on a second order of habeas corpus obtained by such | ||||||
| 16 | prisoner, to discharge the prisoner, if he or she is clearly | ||||||
| 17 | and specifically charged in the warrant of commitment with a | ||||||
| 18 | criminal offense; but the court shall, on the return of such | ||||||
| 19 | second order, have power only to admit such prisoner to bail | ||||||
| 20 | pretrial release where the offense is bailable eligible for | ||||||
| 21 | pretrial release by law, or remand him or her to prison where | ||||||
| 22 | the offense is not bailable eligible for pretrial release, or | ||||||
| 23 | being bailable eligible for pretrial release, where such | ||||||
| 24 | prisoner fails to give the bail required comply with the terms | ||||||
| 25 | of pretrial release. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 2 | (735 ILCS 5/10-135) (from Ch. 110, par. 10-135) | ||||||
| 3 | Sec. 10-135. Habeas corpus to testify. The several courts | ||||||
| 4 | having authority to grant relief by habeas corpus, may enter | ||||||
| 5 | orders, when necessary, to bring before them any prisoner to | ||||||
| 6 | testify, or to be surrendered in discharge of bail pretrial | ||||||
| 7 | release, or for trial upon any criminal charge lawfully | ||||||
| 8 | pending in the same court or to testify in a criminal | ||||||
| 9 | proceeding in another state as provided for by Section 2 of the | ||||||
| 10 | "Uniform Act to secure the attendance of witnesses from within | ||||||
| 11 | or without a state in criminal proceedings", approved July 23, | ||||||
| 12 | 1959, as heretofore or hereafter amended; and the order may be | ||||||
| 13 | directed to any county in the State, and there be served and | ||||||
| 14 | returned by any officer to whom it is directed. | ||||||
| 15 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 16 | (735 ILCS 5/10-136) (from Ch. 110, par. 10-136) | ||||||
| 17 | Sec. 10-136. Prisoner remanded or punished. After a | ||||||
| 18 | prisoner has given his or her testimony, or been surrendered, | ||||||
| 19 | or his or her bail pretrial release discharged, or he or she | ||||||
| 20 | has been tried for the crime with which he or she is charged, | ||||||
| 21 | he or she shall be returned to the jail or other place of | ||||||
| 22 | confinement from which he or she was taken for that purpose. If | ||||||
| 23 | such prisoner is convicted of a crime punishable with death or | ||||||
| 24 | imprisonment in the penitentiary, he or she may be punished | ||||||
| |||||||
| |||||||
| 1 | accordingly; but in any case where the prisoner has been taken | ||||||
| 2 | from the penitentiary, and his or her punishment is by | ||||||
| 3 | imprisonment, the time of such imprisonment shall not commence | ||||||
| 4 | to run until the expiration of the time of service under any | ||||||
| 5 | former sentence. | ||||||
| 6 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 7 | Section 335. The Civil No Contact Order Act is amended by | ||||||
| 8 | changing Section 220 as follows: | ||||||
| 9 | (740 ILCS 22/220) | ||||||
| 10 | Sec. 220. Enforcement of a civil no contact order. | ||||||
| 11 | (a) Nothing in this Act shall preclude any Illinois court | ||||||
| 12 | from enforcing a valid protective order issued in another | ||||||
| 13 | state or by a military judge. | ||||||
| 14 | (b) Illinois courts may enforce civil no contact orders | ||||||
| 15 | through both criminal proceedings and civil contempt | ||||||
| 16 | proceedings, unless the action which is second in time is | ||||||
| 17 | barred by collateral estoppel or the constitutional | ||||||
| 18 | prohibition against double jeopardy. | ||||||
| 19 | (b-1) The court shall not hold a school district or | ||||||
| 20 | private or non-public school or any of its employees in civil | ||||||
| 21 | or criminal contempt unless the school district or private or | ||||||
| 22 | non-public school has been allowed to intervene. | ||||||
| 23 | (b-2) The court may hold the parents, guardian, or legal | ||||||
| 24 | custodian of a minor respondent in civil or criminal contempt | ||||||
| |||||||
| |||||||
| 1 | for a violation of any provision of any order entered under | ||||||
| 2 | this Act for conduct of the minor respondent in violation of | ||||||
| 3 | this Act if the parents, guardian, or legal custodian | ||||||
| 4 | directed, encouraged, or assisted the respondent minor in such | ||||||
| 5 | conduct. | ||||||
| 6 | (c) Criminal prosecution. A violation of any civil no | ||||||
| 7 | contact order, whether issued in a civil or criminal | ||||||
| 8 | proceeding or by a military judge, shall be enforced by a | ||||||
| 9 | criminal court when the respondent commits the crime of | ||||||
| 10 | violation of a civil no contact order pursuant to Section 219 | ||||||
| 11 | by having knowingly violated: | ||||||
| 12 | (1) remedies described in Section 213 and included in | ||||||
| 13 | a civil no contact order; or | ||||||
| 14 | (2) a provision of an order, which is substantially | ||||||
| 15 | similar to provisions of Section 213, in a valid civil no | ||||||
| 16 | contact order which is authorized under the laws of | ||||||
| 17 | another state, tribe, or United States territory. | ||||||
| 18 | Prosecution for a violation of a civil no contact order | ||||||
| 19 | shall not bar a concurrent prosecution for any other crime, | ||||||
| 20 | including any crime that may have been committed at the time of | ||||||
| 21 | the violation of the civil no contact order. | ||||||
| 22 | (d) Contempt of court. A violation of any valid Illinois | ||||||
| 23 | civil no contact order, whether issued in a civil or criminal | ||||||
| 24 | proceeding, may be enforced through civil or criminal contempt | ||||||
| 25 | procedures, as appropriate, by any court with jurisdiction, | ||||||
| 26 | regardless of where the act or acts which violated the civil no | ||||||
| |||||||
| |||||||
| 1 | contact order were committed, to the extent consistent with | ||||||
| 2 | the venue provisions of this Act. | ||||||
| 3 | (1) In a contempt proceeding where the petition for a | ||||||
| 4 | rule to show cause or petition for adjudication of | ||||||
| 5 | criminal contempt sets forth facts evidencing an immediate | ||||||
| 6 | danger that the respondent will flee the jurisdiction or | ||||||
| 7 | inflict physical abuse on the petitioner or minor children | ||||||
| 8 | or on dependent adults in the petitioner's care, the court | ||||||
| 9 | may order the attachment of the respondent without prior | ||||||
| 10 | service of the petition for a rule to show cause, the rule | ||||||
| 11 | to show cause, the petition for adjudication of criminal | ||||||
| 12 | contempt or the adjudication of criminal contempt. Bond | ||||||
| 13 | Conditions of release shall be set unless specifically | ||||||
| 14 | denied in writing. | ||||||
| 15 | (2) A petition for a rule to show cause or a petition | ||||||
| 16 | for adjudication of criminal contempt for violation of a | ||||||
| 17 | civil no contact order shall be treated as an expedited | ||||||
| 18 | proceeding. | ||||||
| 19 | (e) Actual knowledge. A civil no contact order may be | ||||||
| 20 | enforced pursuant to this Section if the respondent violates | ||||||
| 21 | the order after the respondent has actual knowledge of its | ||||||
| 22 | contents as shown through one of the following means: | ||||||
| 23 | (1) by service, delivery, or notice under Section 208; | ||||||
| 24 | (2) by notice under Section 218; | ||||||
| 25 | (3) by service of a civil no contact order under | ||||||
| 26 | Section 218; or | ||||||
| |||||||
| |||||||
| 1 | (4) by other means demonstrating actual knowledge of | ||||||
| 2 | the contents of the order. | ||||||
| 3 | (f) The enforcement of a civil no contact order in civil or | ||||||
| 4 | criminal court shall not be affected by either of the | ||||||
| 5 | following: | ||||||
| 6 | (1) the existence of a separate, correlative order, | ||||||
| 7 | entered under Section 202; or | ||||||
| 8 | (2) any finding or order entered in a conjoined | ||||||
| 9 | criminal proceeding. | ||||||
| 10 | (g) Circumstances. The court, when determining whether or | ||||||
| 11 | not a violation of a civil no contact order has occurred, shall | ||||||
| 12 | not require physical manifestations of abuse on the person of | ||||||
| 13 | the victim. | ||||||
| 14 | (h) Penalties. | ||||||
| 15 | (1) Except as provided in paragraph (3) of this | ||||||
| 16 | subsection, where the court finds the commission of a | ||||||
| 17 | crime or contempt of court under subsection (a) or (b) of | ||||||
| 18 | this Section, the penalty shall be the penalty that | ||||||
| 19 | generally applies in such criminal or contempt | ||||||
| 20 | proceedings, and may include one or more of the following: | ||||||
| 21 | incarceration, payment of restitution, a fine, payment of | ||||||
| 22 | attorneys' fees and costs, or community service. | ||||||
| 23 | (2) The court shall hear and take into account | ||||||
| 24 | evidence of any factors in aggravation or mitigation | ||||||
| 25 | before deciding an appropriate penalty under paragraph (1) | ||||||
| 26 | of this subsection. | ||||||
| |||||||
| |||||||
| 1 | (3) To the extent permitted by law, the court is | ||||||
| 2 | encouraged to: | ||||||
| 3 | (i) increase the penalty for the knowing violation | ||||||
| 4 | of any civil no contact order over any penalty | ||||||
| 5 | previously imposed by any court for respondent's | ||||||
| 6 | violation of any civil no contact order or penal | ||||||
| 7 | statute involving petitioner as victim and respondent | ||||||
| 8 | as defendant; | ||||||
| 9 | (ii) impose a minimum penalty of 24 hours | ||||||
| 10 | imprisonment for respondent's first violation of any | ||||||
| 11 | civil no contact order; and | ||||||
| 12 | (iii) impose a minimum penalty of 48 hours | ||||||
| 13 | imprisonment for respondent's second or subsequent | ||||||
| 14 | violation of a civil no contact order unless the court | ||||||
| 15 | explicitly finds that an increased penalty or that | ||||||
| 16 | period of imprisonment would be manifestly unjust. | ||||||
| 17 | (4) In addition to any other penalties imposed for a | ||||||
| 18 | violation of a civil no contact order, a criminal court | ||||||
| 19 | may consider evidence of any previous violations of a | ||||||
| 20 | civil no contact order: | ||||||
| 21 | (i) to increase, revoke or modify the bail bond | ||||||
| 22 | conditions of pretrial release on an underlying | ||||||
| 23 | criminal charge pursuant to Section 110-6 of the Code | ||||||
| 24 | of Criminal Procedure of 1963; | ||||||
| 25 | (ii) to revoke or modify an order of probation, | ||||||
| 26 | conditional discharge or supervision, pursuant to | ||||||
| |||||||
| |||||||
| 1 | Section 5-6-4 of the Unified Code of Corrections; or | ||||||
| 2 | (iii) to revoke or modify a sentence of periodic | ||||||
| 3 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
| 4 | Code of Corrections. | ||||||
| 5 | (Source: P.A. 103-407, eff. 7-28-23.) | ||||||
| 6 | Section 340. The Crime Victims Compensation Act is amended | ||||||
| 7 | by changing Sections 2, 2.5, 4.1, 6.1, and 7.1 as follows: | ||||||
| 8 | (740 ILCS 45/2) | ||||||
| 9 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 10 | context otherwise requires: | ||||||
| 11 | (a) "Applicant" means any of the following claiming | ||||||
| 12 | compensation under this Act: | ||||||
| 13 | (1) A victim. | ||||||
| 14 | (2) If the victim was a guardian or primary caregiver | ||||||
| 15 | to an adult who is physically or mentally incapacitated, | ||||||
| 16 | that adult who is physically or mentally incapacitated. | ||||||
| 17 | (3) A guardian of a minor or of a person under legal | ||||||
| 18 | disability. | ||||||
| 19 | (4) A person who, at the time the crime occurred, | ||||||
| 20 | resided in the same dwelling as the victim, solely for the | ||||||
| 21 | purpose of compensating for any of the following: | ||||||
| 22 | (A) Pecuniary loss incurred for psychological | ||||||
| 23 | treatment of a mental or emotional condition caused or | ||||||
| 24 | aggravated by the crime. | ||||||
| |||||||
| |||||||
| 1 | (B) Loss of earnings under paragraph (14.5) of | ||||||
| 2 | subsection (h) for time off from work necessary to | ||||||
| 3 | provide full time care for the injured victim. | ||||||
| 4 | (C) Relocation expenses. | ||||||
| 5 | (5) A person who assumes a legal obligation or | ||||||
| 6 | voluntarily pays for a victim's medical or funeral or | ||||||
| 7 | burial expenses. | ||||||
| 8 | (6) Any other person the Court of Claims or the | ||||||
| 9 | Attorney General finds is entitled to compensation. | ||||||
| 10 | The changes made to this subsection by Public Act 101-652 | ||||||
| 11 | apply to actions commenced or pending on or after January 1, | ||||||
| 12 | 2022. | ||||||
| 13 | (b) "Court of Claims" means the Court of Claims created by | ||||||
| 14 | the Court of Claims Act. | ||||||
| 15 | (c) "Crime of violence" means and includes any offense | ||||||
| 16 | defined in Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
| 17 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| 18 | 11-11, 11-20.1, 11-23, 11-23.5, 12-1, 12-2, 12-3, 12-3.05, | ||||||
| 19 | 12-3.1, 12-3.2, 12-3.3, 12-3.4, 12-5, 12-7.1, 12-7.3, 12-7.4, | ||||||
| 20 | 12-20.5, 20-1 or 20-1.1, or Section 12-3.05 except for | ||||||
| 21 | subdivision (a)(4) or (g)(1), or subdivision (a)(4) of Section | ||||||
| 22 | 11-14.4, of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 23 | 2012, Sections 1(a) and 1(a-5) of the Cemetery Protection Act, | ||||||
| 24 | Section 125 of the Stalking No Contact Order Act, Section 219 | ||||||
| 25 | of the Civil No Contact Order Act, driving under the influence | ||||||
| 26 | as defined in Section 11-501 of the Illinois Vehicle Code, a | ||||||
| |||||||
| |||||||
| 1 | violation of Section 11-401 of the Illinois Vehicle Code, | ||||||
| 2 | provided the victim was a pedestrian or was operating a | ||||||
| 3 | vehicle moved solely by human power or a mobility device at the | ||||||
| 4 | time of contact, and a violation of Section 11-204.1 of the | ||||||
| 5 | Illinois Vehicle Code; so long as the offense did not occur | ||||||
| 6 | during a civil riot, insurrection or rebellion. "Crime of | ||||||
| 7 | violence" does not include any other offense or crash | ||||||
| 8 | involving a motor vehicle except those vehicle offenses | ||||||
| 9 | specifically provided for in this paragraph. "Crime of | ||||||
| 10 | violence" does include all of the offenses specifically | ||||||
| 11 | provided for in this paragraph that occur within this State | ||||||
| 12 | but are subject to federal jurisdiction and crimes involving | ||||||
| 13 | terrorism as defined in 18 U.S.C. 2331. | ||||||
| 14 | (d) "Victim" means (1) a person killed or injured in this | ||||||
| 15 | State as a result of a crime of violence perpetrated or | ||||||
| 16 | attempted against him or her, (2) the spouseor , parent, or | ||||||
| 17 | child of a person killed or injured in this State as a result | ||||||
| 18 | of a crime of violence perpetrated or attempted against the | ||||||
| 19 | person, or anyone living in the dwelling of a person killed or | ||||||
| 20 | injured in a relationship that is substantially similar to | ||||||
| 21 | that of a parent, spouse, or child, (3) a person killed or | ||||||
| 22 | injured in this State while attempting to assist a person | ||||||
| 23 | against whom a crime of violence is being perpetrated or | ||||||
| 24 | attempted, if that attempt of assistance would be expected of | ||||||
| 25 | a reasonable person under the circumstances, (4) a person | ||||||
| 26 | killed or injured in this State while assisting a law | ||||||
| |||||||
| |||||||
| 1 | enforcement official apprehend a person who has perpetrated a | ||||||
| 2 | crime of violence or prevent the perpetration of any such | ||||||
| 3 | crime if that assistance was in response to the express | ||||||
| 4 | request of the law enforcement official, (5) a person who | ||||||
| 5 | personally witnessed a violent crime, (5.05) a person who will | ||||||
| 6 | be called as a witness by the prosecution to establish a | ||||||
| 7 | necessary nexus between the offender and the violent crime, | ||||||
| 8 | (5.1) any person who is the grandparent, grandchild, brother, | ||||||
| 9 | sister, half brother, or half sister, child, or stepchild of a | ||||||
| 10 | person killed or injured in this State as a result of a crime | ||||||
| 11 | of violence, applying solely for the purpose of compensating | ||||||
| 12 | for pecuniary loss incurred for psychological treatment of a | ||||||
| 13 | mental or emotional condition caused or aggravated by the | ||||||
| 14 | crime, loss of earnings under paragraph (14.5) of subsection | ||||||
| 15 | (h) for time off from work necessary to provide full time care | ||||||
| 16 | for the injured victim, or relocation if the crime occurred | ||||||
| 17 | within the dwelling of the applicant, (5.2) any person who was | ||||||
| 18 | in a dating relationship with a person killed in this State as | ||||||
| 19 | a result of a crime of violence, solely for the purpose of | ||||||
| 20 | compensating for pecuniary loss incurred for psychological | ||||||
| 21 | treatment of a mental or emotional condition caused or | ||||||
| 22 | aggravated by the crime, (6) an Illinois resident who is a | ||||||
| 23 | victim of a "crime of violence" as defined in this Act except, | ||||||
| 24 | if the crime occurred outside this State, the resident has the | ||||||
| 25 | same rights under this Act as if the crime had occurred in this | ||||||
| 26 | State upon a showing that the state, territory, country, or | ||||||
| |||||||
| |||||||
| 1 | political subdivision of a country in which the crime occurred | ||||||
| 2 | does not have a compensation of victims of crimes law for which | ||||||
| 3 | that Illinois resident is eligible, (7) the parent, spouse, or | ||||||
| 4 | child of a deceased person whose body is dismembered or whose | ||||||
| 5 | remains are desecrated as the result of a crime of violence, | ||||||
| 6 | (8) (blank), or (9) an individual who is injured or killed in | ||||||
| 7 | an incident in which a law enforcement officer's use of force | ||||||
| 8 | caused bodily harm or death to that individual. | ||||||
| 9 | (e) "Dependent" means a relative of a deceased victim who | ||||||
| 10 | was wholly or partially dependent upon the victim's income at | ||||||
| 11 | the time of his or her death and shall include the child of a | ||||||
| 12 | victim born after his or her death. | ||||||
| 13 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
| 14 | stepfather, stepmother, child, grandchild, brother, | ||||||
| 15 | brother-in-law, sister, sister-in-law, half brother, half | ||||||
| 16 | sister, spouse's parent, nephew, niece, uncle, or aunt, or | ||||||
| 17 | anyone living in the dwelling of a person killed or injured in | ||||||
| 18 | a relationship that is substantially similar to that of a | ||||||
| 19 | parent, spouse, or child. | ||||||
| 20 | (g) "Child" means an unmarried a son or daughter who is | ||||||
| 21 | under 18 years of age and includes a stepchild, an adopted | ||||||
| 22 | child or a child born out of wedlock. | ||||||
| 23 | (h) "Pecuniary loss" means: | ||||||
| 24 | (1) in the case of injury, appropriate medical | ||||||
| 25 | expenses and hospital expenses including expenses of | ||||||
| 26 | medical examinations, rehabilitation, medically required | ||||||
| |||||||
| |||||||
| 1 | nursing care expenses, appropriate psychiatric care or | ||||||
| 2 | psychiatric counseling expenses, appropriate expenses for | ||||||
| 3 | care or counseling by a licensed clinical psychologist, | ||||||
| 4 | licensed clinical social worker, licensed professional | ||||||
| 5 | counselor, or licensed clinical professional counselor and | ||||||
| 6 | expenses for treatment by Christian Science practitioners | ||||||
| 7 | and nursing care appropriate thereto; | ||||||
| 8 | (2) transportation expenses to and from medical and | ||||||
| 9 | counseling treatment facilities; | ||||||
| 10 | (3) prosthetic appliances, eyeglasses, and hearing | ||||||
| 11 | aids necessary or damaged as a result of the crime; | ||||||
| 12 | (4) expenses incurred for the towing and storage of a | ||||||
| 13 | victim's vehicle in connection with a crime of violence, | ||||||
| 14 | to a maximum of $1,000; | ||||||
| 15 | (5) costs associated with trafficking tattoo removal | ||||||
| 16 | by a person authorized or licensed to perform the specific | ||||||
| 17 | removal procedure; for victims of offenses defined in | ||||||
| 18 | Section 10-9 of the Criminal Code of 2012, the victim | ||||||
| 19 | shall submit a statement under oath on a form prescribed | ||||||
| 20 | by the Attorney General attesting that the removed tattoo | ||||||
| 21 | was applied in connection with the commission of the | ||||||
| 22 | offense; | ||||||
| 23 | (6) replacement costs for clothing and bedding used as | ||||||
| 24 | evidence; | ||||||
| 25 | (7) costs associated with temporary lodging or | ||||||
| 26 | relocation necessary as a result of the crime, including, | ||||||
| |||||||
| |||||||
| 1 | but not limited to, the first 2 months' rent and security | ||||||
| 2 | deposit of the dwelling that the claimant relocated to and | ||||||
| 3 | other reasonable relocation expenses incurred as a result | ||||||
| 4 | of the violent crime; | ||||||
| 5 | (8) locks, doors, or windows necessary or damaged as a | ||||||
| 6 | result of the crime; | ||||||
| 7 | (9) the purchase, lease, or rental of equipment | ||||||
| 8 | necessary to create usability of and accessibility to the | ||||||
| 9 | victim's real and personal property, or the real and | ||||||
| 10 | personal property which is used by the victim, necessary | ||||||
| 11 | as a result of the crime; "real and personal property" | ||||||
| 12 | includes, but is not limited to, vehicles, houses, | ||||||
| 13 | apartments, townhouses, or condominiums; | ||||||
| 14 | (10) the costs of appropriate crime scene clean-up; | ||||||
| 15 | (11) replacement services loss, to a maximum of $1,250 | ||||||
| 16 | per month, with this amount to be divided in proportion to | ||||||
| 17 | the amount of the actual loss among those entitled to | ||||||
| 18 | compensation; | ||||||
| 19 | (12) dependents replacement services loss, to a | ||||||
| 20 | maximum of $1,250 per month, with this amount to be | ||||||
| 21 | divided in proportion to the amount of the actual loss | ||||||
| 22 | among those entitled to compensation; | ||||||
| 23 | (13) loss of tuition paid to attend grammar school or | ||||||
| 24 | high school when the victim had been enrolled as a student | ||||||
| 25 | prior to the injury, or college or graduate school when | ||||||
| 26 | the victim had been enrolled as a day or night student | ||||||
| |||||||
| |||||||
| 1 | prior to the injury when the victim becomes unable to | ||||||
| 2 | continue attendance at school as a result of the crime of | ||||||
| 3 | violence perpetrated against him or her; | ||||||
| 4 | (14) loss of earnings, loss of future earnings because | ||||||
| 5 | of disability resulting from the injury. Loss of future | ||||||
| 6 | earnings shall be reduced by any income from substitute | ||||||
| 7 | work actually performed by the victim or by income the | ||||||
| 8 | victim would have earned in available appropriate | ||||||
| 9 | substitute work the victim was capable of performing but | ||||||
| 10 | unreasonably failed to undertake; loss of earnings and | ||||||
| 11 | loss of future earnings shall be determined on the basis | ||||||
| 12 | of the victim's average net monthly earnings for the 6 | ||||||
| 13 | months immediately preceding the date of the injury or on | ||||||
| 14 | $2,400 per month, whichever is less, or, in cases where | ||||||
| 15 | the absences commenced more than 3 years from the date of | ||||||
| 16 | the crime, on the basis of the net monthly earnings for the | ||||||
| 17 | 6 months immediately preceding the date of the first | ||||||
| 18 | absence, not to exceed $1,250 $2,400 per month; | ||||||
| 19 | (14.5) loss of earnings for applicants or loss of | ||||||
| 20 | future earnings for applicants. The applicant must | ||||||
| 21 | demonstrate that the loss of earnings is a direct result | ||||||
| 22 | of circumstances attributed to the crime including, but | ||||||
| 23 | not limited to, court appearances, funeral preparation and | ||||||
| 24 | bereavement, receipt of medical or psychological care; | ||||||
| 25 | loss of earnings and loss of future earnings shall be | ||||||
| 26 | determined on the basis of the applicant's average net | ||||||
| |||||||
| |||||||
| 1 | monthly earnings for the 6 months immediately preceding | ||||||
| 2 | the date of the injury or on $2,400 per month, whichever is | ||||||
| 3 | less, or, in cases where the absences commenced more than | ||||||
| 4 | 3 years from the date of the crime, on the basis of the net | ||||||
| 5 | monthly earnings for the 6 months immediately preceding | ||||||
| 6 | the date of the first absence, not to exceed $2,400 per | ||||||
| 7 | month; | ||||||
| 8 | (15) loss of support of the dependents of the victim. | ||||||
| 9 | Loss of support shall be determined on the basis of the | ||||||
| 10 | victim's average net monthly earnings for the 6 months | ||||||
| 11 | immediately preceding the date of the injury or on $1,250 | ||||||
| 12 | $2,400 per month, whichever is less, or, in cases where | ||||||
| 13 | the absences commenced more than 3 years from the date of | ||||||
| 14 | the crime, on the basis of the net monthly earnings for the | ||||||
| 15 | 6 months immediately preceding the date of the first | ||||||
| 16 | absence, not to exceed $1,250 $2,400 per month. If a | ||||||
| 17 | divorced or legally separated applicant is claiming loss | ||||||
| 18 | of support for a minor child of the deceased, the amount of | ||||||
| 19 | support for each child shall be based either on the amount | ||||||
| 20 | of support pursuant to the judgment prior to the date of | ||||||
| 21 | the deceased victim's injury or death, or, if the subject | ||||||
| 22 | of pending litigation filed by or on behalf of the | ||||||
| 23 | divorced or legally separated applicant prior to the | ||||||
| 24 | injury or death, on the result of that litigation. Loss of | ||||||
| 25 | support for minors shall be divided in proportion to the | ||||||
| 26 | amount of the actual loss among those entitled to such | ||||||
| |||||||
| |||||||
| 1 | compensation; | ||||||
| 2 | (16) in the case of death, expenses for reasonable | ||||||
| 3 | funeral, burial, headstone, cremation, and travel and | ||||||
| 4 | transport for survivors of homicide victims to secure | ||||||
| 5 | bodies of deceased victims and to transport bodies for | ||||||
| 6 | burial all of which may be awarded up to a maximum of | ||||||
| 7 | $10,000 for each victim. Other individuals that have paid | ||||||
| 8 | or become obligated to pay funeral, cremation, or burial | ||||||
| 9 | expenses, including a headstone, for the deceased shall | ||||||
| 10 | share a maximum award of $10,000, with the award divided | ||||||
| 11 | in proportion to the amount of the actual loss among those | ||||||
| 12 | entitled to compensation; | ||||||
| 13 | (17) in the case of dismemberment or desecration of a | ||||||
| 14 | body, expenses for reasonable funeral, burial, headstone, | ||||||
| 15 | and cremation, all of which may not exceed be awarded up to | ||||||
| 16 | a maximum of $7,500 $10,000 for each victim. Other | ||||||
| 17 | individuals that have paid or become obligated to pay | ||||||
| 18 | funeral, cremation, or burial expenses, including a | ||||||
| 19 | headstone, for the deceased shall share a maximum award of | ||||||
| 20 | $7,500 $10,000, with the award divided in proportion to | ||||||
| 21 | the amount of the actual loss among those entitled to | ||||||
| 22 | compensation; and | ||||||
| 23 | (18) (19) legal fees resulting from proceedings that | ||||||
| 24 | became necessary solely because of the crime, including, | ||||||
| 25 | but not limited to, establishing a legal guardian for the | ||||||
| 26 | minor victim or the minor child of a victim, or obtaining a | ||||||
| |||||||
| |||||||
| 1 | restraining order, no contact order, or order of | ||||||
| 2 | protection, awarded up to a maximum of $3,500. | ||||||
| 3 | "Pecuniary loss" does not include pain and suffering or | ||||||
| 4 | property loss or damage. | ||||||
| 5 | The changes made to this subsection by Public Act 101-652 | ||||||
| 6 | apply to actions commenced or pending on or after January 1, | ||||||
| 7 | 2022. | ||||||
| 8 | (i) "Replacement services loss" means expenses reasonably | ||||||
| 9 | incurred in obtaining ordinary and necessary services in lieu | ||||||
| 10 | of those the injured person would have performed, not for | ||||||
| 11 | income, but for the benefit of himself or herself or his or her | ||||||
| 12 | family, if he or she had not been injured. | ||||||
| 13 | (j) "Dependents replacement services loss" means loss | ||||||
| 14 | reasonably incurred by dependents or private legal guardians | ||||||
| 15 | of minor dependents after a victim's death in obtaining | ||||||
| 16 | ordinary and necessary services in lieu of those the victim | ||||||
| 17 | would have performed, not for income, but for their benefit, | ||||||
| 18 | if he or she had not been fatally injured. | ||||||
| 19 | (k) "Survivor" means immediate family including a parent, | ||||||
| 20 | stepfather, stepmother, child, brother, sister, or spouse. | ||||||
| 21 | (l) "Parent" means a natural parent, adopted parent, | ||||||
| 22 | stepparent, or permanent legal guardian of another person. | ||||||
| 23 | (m) "Trafficking tattoo" is a tattoo which is applied to a | ||||||
| 24 | victim in connection with the commission of a violation of | ||||||
| 25 | Section 10-9 of the Criminal Code of 2012. | ||||||
| 26 | (n) "Dwelling" means a person's primary home. A person may | ||||||
| |||||||
| |||||||
| 1 | be required to provide verification or proof of residence | ||||||
| 2 | including, but not limited to, a lease agreement, utility | ||||||
| 3 | bill, license registration, document showing the mailing | ||||||
| 4 | address, pay stub, tax form, or notarized statement. | ||||||
| 5 | (o) "Dating relationship" means a current, continuous, | ||||||
| 6 | romantic, courtship, or engagement relationship, often | ||||||
| 7 | characterized by actions of an intimate or sexual nature or an | ||||||
| 8 | expectation of affection. "Dating relationship" does not | ||||||
| 9 | include a casual acquaintanceship or ordinary fraternization | ||||||
| 10 | between persons in a business or social context. | ||||||
| 11 | (p) "Medical facility" means a facility for the delivery | ||||||
| 12 | of health services. "Medical facility" includes, but is not | ||||||
| 13 | limited to, a hospital, public health center, outpatient | ||||||
| 14 | medical facility, federally qualified health center, migrant | ||||||
| 15 | health center, community health center, or State correctional | ||||||
| 16 | institution. | ||||||
| 17 | (q) "Mental health provider" means a licensed clinical | ||||||
| 18 | psychologist, a licensed clinical social worker, a licensed | ||||||
| 19 | professional counselor, or a licensed clinical professional | ||||||
| 20 | counselor as defined in the Mental Health and Developmental | ||||||
| 21 | Disabilities Code. | ||||||
| 22 | (r) "Independent medical evaluation" means an assessment | ||||||
| 23 | by a mental health provider who is not currently providing | ||||||
| 24 | treatment to the applicant and will not seek reimbursement | ||||||
| 25 | from the program for continuing treatment after the | ||||||
| 26 | assessment. A provider may seek reimbursement for the | ||||||
| |||||||
| |||||||
| 1 | assessment. | ||||||
| 2 | (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; | ||||||
| 3 | 102-982, eff. 7-1-23; 103-154, eff. 6-30-23; 103-564, eff. | ||||||
| 4 | 11-17-23; 103-1037, eff. 1-1-25; revised 6-23-25.) | ||||||
| 5 | (740 ILCS 45/2.5) | ||||||
| 6 | Sec. 2.5. Felony status. Notwithstanding paragraph (d) of | ||||||
| 7 | Section 2, "victim" does not include a person who is convicted | ||||||
| 8 | of a felony until that person is discharged from probation or | ||||||
| 9 | is released from a correctional institution and has been | ||||||
| 10 | discharged from parole or mandatory supervised release, if | ||||||
| 11 | any. A victim's criminal history or felony status shall not | ||||||
| 12 | prevent compensation to that victim or the victim's family. No | ||||||
| 13 | compensation may be granted to an applicant under this Act | ||||||
| 14 | while the applicant is held in a correctional institution. An | ||||||
| 15 | applicant who is held in a correctional institution may apply | ||||||
| 16 | for assistance under this Act at any time, but no award of | ||||||
| 17 | compensation may be considered until the applicant meets the | ||||||
| 18 | requirements of this Section. | ||||||
| 19 | (Source: P.A. 103-1037, eff. 1-1-25.) | ||||||
| 20 | (740 ILCS 45/4.1) (from Ch. 70, par. 74.1) | ||||||
| 21 | Sec. 4.1. In addition to other powers and duties set forth | ||||||
| 22 | in this Act and other powers exercised by the Attorney | ||||||
| 23 | General, the Attorney General shall: | ||||||
| 24 | (1) investigate all claims and prepare and present a | ||||||
| |||||||
| |||||||
| 1 | report of each applicant's claim an investigatory report | ||||||
| 2 | and a draft award determination to the Court of Claims | ||||||
| 3 | prior to the issuance of an order by the Court of Claims, | ||||||
| 4 | for a review period of 28 business days; | ||||||
| 5 | (2) upon conclusion of the review by the Court of | ||||||
| 6 | Claims, provide the applicant with a compensation | ||||||
| 7 | determination letter; | ||||||
| 8 | (3) prescribe and furnish all applications and other | ||||||
| 9 | forms required to be filed in the office of the Attorney | ||||||
| 10 | General by the terms of this Act, and ; | ||||||
| 11 | (4) represent the interests of the State of Illinois | ||||||
| 12 | in any hearing before the Court of Claims; and | ||||||
| 13 | (5) upon failure to comply with Section 4.2, the | ||||||
| 14 | Attorney General's office shall have the power to issue | ||||||
| 15 | subpoenas to compel the production of law enforcement | ||||||
| 16 | reports maintained by law enforcement agencies. | ||||||
| 17 | The changes made to this Section by this amendatory Act of | ||||||
| 18 | the 101st General Assembly apply to actions commenced or | ||||||
| 19 | pending on or after January 1, 2022. | ||||||
| 20 | (Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 8-9-24.) | ||||||
| 21 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1) | ||||||
| 22 | Sec. 6.1. Right to compensation. A person is entitled to | ||||||
| 23 | compensation under this Act if: | ||||||
| 24 | (a) Timing. Within 2 5 years of the occurrence of the | ||||||
| 25 | crime, or within one year after a criminal charge of a | ||||||
| |||||||
| |||||||
| 1 | person for an offense, upon which the claim is based, he or | ||||||
| 2 | she files the applicant presents an application, under | ||||||
| 3 | oath, to the Attorney General that is filed with the Court | ||||||
| 4 | of Claims and on a form prescribed in accordance with | ||||||
| 5 | Section 7.1 furnished by the Attorney General. If the | ||||||
| 6 | person entitled to compensation is under 18 years of age | ||||||
| 7 | or under other legal disability at the time of the | ||||||
| 8 | occurrence or is determined by a court to be under a legal | ||||||
| 9 | disability as a result of the occurrence, he or she may | ||||||
| 10 | file present the application required by this subsection | ||||||
| 11 | within 2 3 years after he or she attains the age of 18 | ||||||
| 12 | years or the disability is removed, as the case may be. | ||||||
| 13 | Legal disability includes a diagnosis of posttraumatic | ||||||
| 14 | stress disorder. | ||||||
| 15 | (a-1) The Attorney General and the Court of Claims may | ||||||
| 16 | accept an application presented after the period provided | ||||||
| 17 | in subsection (a) if the Attorney General determines that | ||||||
| 18 | the applicant had good cause for a delay. | ||||||
| 19 | (b) Notification. The appropriate law enforcement | ||||||
| 20 | officials were notified within 72 hours of the | ||||||
| 21 | perpetration of the crime allegedly causing the death or | ||||||
| 22 | injury to the victim. If the notification was made more | ||||||
| 23 | than 72 hours after the perpetration of the crime and the | ||||||
| 24 | applicant establishes that the notice was timely under the | ||||||
| 25 | circumstances, the Attorney General and the Court of | ||||||
| 26 | Claims may extend the time for reporting to law | ||||||
| |||||||
| |||||||
| 1 | enforcement. | ||||||
| 2 | For victims of offenses defined in Sections 10-9, | ||||||
| 3 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, and | ||||||
| 4 | 12-14 of the Criminal Code of 1961 or the Criminal Code of | ||||||
| 5 | 2012, the appropriate law enforcement officials were | ||||||
| 6 | notified within 7 days of the perpetration of the crime | ||||||
| 7 | allegedly causing death or injury to the victim or, if the | ||||||
| 8 | notification was made more than 7 days after the | ||||||
| 9 | perpetration of the crime, the applicant establishes that | ||||||
| 10 | the notice was timely under the circumstances. | ||||||
| 11 | (b-1) If, in lieu of a law enforcement report, the | ||||||
| 12 | applicant or victim has obtained an order of protection, a | ||||||
| 13 | civil no contact order, or a stalking no contact order, | ||||||
| 14 | has presented to a medical facility for medical care or | ||||||
| 15 | sexual assault evidence collection, has presented to a | ||||||
| 16 | mental health provider for an independent medical | ||||||
| 17 | evaluation, or is engaged in a legal proceeding involving | ||||||
| 18 | a claim that the applicant or victim is a victim of human | ||||||
| 19 | trafficking or law enforcement use of force, such action | ||||||
| 20 | shall constitute appropriate notification under this | ||||||
| 21 | Section. | ||||||
| 22 | (b-2) For purposes of notification under this Act, a | ||||||
| 23 | victim who presents to a medical facility shall provide | ||||||
| 24 | information sufficient to fulfill the requirements of this | ||||||
| 25 | Section, except that the victim shall not be required to | ||||||
| 26 | identify the offender to the medical provider. | ||||||
| |||||||
| |||||||
| 1 | (b-3) An applicant who is filing a claim that a law | ||||||
| 2 | enforcement officer's use of force caused injury or death, | ||||||
| 3 | may fulfill the notification requirement by complying with | ||||||
| 4 | subsection (b), filing a complaint with the Illinois Law | ||||||
| 5 | Enforcement Training Standards Board, filing a lawsuit | ||||||
| 6 | against a law enforcement officer or department, or | ||||||
| 7 | presenting evidence that the victim has obtained a | ||||||
| 8 | settlement or a verdict in a civil suit. An application | ||||||
| 9 | filed by an individual presenting evidence of a verdict in | ||||||
| 10 | a civil suit must be filed within one year after the | ||||||
| 11 | resolution of the civil suit. | ||||||
| 12 | (b-4) An applicant may provide notification to a | ||||||
| 13 | mental health provider regarding physical injuries of the | ||||||
| 14 | victim or for victims of offenses defined in Sections | ||||||
| 15 | 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
| 16 | 11-14.4, 12-3.2, 12-3.3, 12-3.4, 12-7.3, 12-7.4 of the | ||||||
| 17 | Criminal Code of 2012, psychological injuries resulting | ||||||
| 18 | from the commission of the crime for which the applicant | ||||||
| 19 | is filing an application. The provider shall perform an | ||||||
| 20 | independent medical evaluation and provide the provider's | ||||||
| 21 | professional opinion as to whether the injuries claimed | ||||||
| 22 | are consistent with having resulted from the commission of | ||||||
| 23 | the crime for which the applicant is filing an | ||||||
| 24 | application. | ||||||
| 25 | Upon completion of the independent medical evaluation, | ||||||
| 26 | the mental health provider shall complete a certification | ||||||
| |||||||
| |||||||
| 1 | form, signed under oath. The form shall be provided by the | ||||||
| 2 | Office of the Attorney General and contain the following: | ||||||
| 3 | (1) The provider's name, title, license number and | ||||||
| 4 | place of employment. | ||||||
| 5 | (2) Contact information for the provider. | ||||||
| 6 | (3) The provider's relationship with the | ||||||
| 7 | applicant. | ||||||
| 8 | (4) The date the crime was reported to the | ||||||
| 9 | provider. | ||||||
| 10 | (5) The reported crime. | ||||||
| 11 | (6) The date and location of the crime. | ||||||
| 12 | (7) If there are physical injuries, what injuries | ||||||
| 13 | that the mental health provider can attest to being | ||||||
| 14 | present on the day of the reporting if they are | ||||||
| 15 | consistent with the crime reported to the provider. | ||||||
| 16 | (8) If there are psychological injuries, whether | ||||||
| 17 | the provider in his or her professional opinion | ||||||
| 18 | believes that the injuries presented on the day of the | ||||||
| 19 | reporting are consistent with the crime reported to | ||||||
| 20 | the provider. | ||||||
| 21 | (9) A detailed summary of the incident, as | ||||||
| 22 | reported. | ||||||
| 23 | (10) Any documentation or photos that relate to | ||||||
| 24 | the crime of violence for which the applicant is | ||||||
| 25 | seeking reimbursement. | ||||||
| 26 | (c) Cooperation. The applicant has cooperated with law | ||||||
| |||||||
| |||||||
| 1 | enforcement officials in the apprehension and prosecution | ||||||
| 2 | of the assailant. If the applicant or victim has obtained | ||||||
| 3 | an order of protection, a civil no contact order, or a | ||||||
| 4 | stalking no contact order, has presented to a medical | ||||||
| 5 | facility for medical care or sexual assault evidence | ||||||
| 6 | collection, obtained an independent medical examination | ||||||
| 7 | from a mental health provider as described in subsection | ||||||
| 8 | (b-4), has taken any of the actions described in | ||||||
| 9 | subsection (b-3), or is engaged in a legal proceeding | ||||||
| 10 | involving a claim that the applicant or victim is a victim | ||||||
| 11 | of human trafficking, such action shall constitute | ||||||
| 12 | cooperation under this subsection (c). If the victim is | ||||||
| 13 | under 18 years of age at the time of the commission of the | ||||||
| 14 | offense, the following shall constitute cooperation under | ||||||
| 15 | this subsection (c): | ||||||
| 16 | (1) the applicant or the victim files a police | ||||||
| 17 | report with a law enforcement agency; | ||||||
| 18 | (2) a mandated reporter reports the crime to law | ||||||
| 19 | enforcement; or | ||||||
| 20 | (3) a person with firsthand knowledge of the crime | ||||||
| 21 | reports the crime to law enforcement. | ||||||
| 22 | In evaluating cooperation, the Attorney General and | ||||||
| 23 | Court of Claims may consider the victim's age, physical | ||||||
| 24 | condition, psychological state, cultural or linguistic | ||||||
| 25 | barriers, and compelling health and safety concerns, | ||||||
| 26 | including, but not limited to, a reasonable fear of | ||||||
| |||||||
| |||||||
| 1 | retaliation or harm that would jeopardize the well-being | ||||||
| 2 | of the victim or the victim's family, and giving due | ||||||
| 3 | consideration to the degree of cooperation that the victim | ||||||
| 4 | or derivative victim is capable of in light of the | ||||||
| 5 | presence of any of these factors, or any other factor the | ||||||
| 6 | Attorney General considers relevant. | ||||||
| 7 | (d) If the applicant is not barred from receiving | ||||||
| 8 | compensation under Section 10.1. | ||||||
| 9 | (d-1) The injury to or death of the victim was not | ||||||
| 10 | substantially attributed to his or her own wrongful act | ||||||
| 11 | and was not substantially provoked by the victim. | ||||||
| 12 | (e) (Blank). | ||||||
| 13 | (f) (Blank). | ||||||
| 14 | (g) (Blank). | ||||||
| 15 | The changes made to this Section by this amendatory Act of | ||||||
| 16 | the 101st General Assembly apply to actions commenced or | ||||||
| 17 | pending on or after January 1, 2022. | ||||||
| 18 | (Source: P.A. 102-27, eff. 6-25-21; 103-1037, eff. 1-1-25.) | ||||||
| 19 | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1) | ||||||
| 20 | Sec. 7.1. (a) The application shall set out: | ||||||
| 21 | (1) the name and address of the victim; | ||||||
| 22 | (2) if the victim is deceased, the name and address of | ||||||
| 23 | the applicant and his or her relationship to the victim, | ||||||
| 24 | the names and addresses of other persons dependent on the | ||||||
| 25 | victim for their support and the extent to which each is so | ||||||
| |||||||
| |||||||
| 1 | dependent, and other persons who may be entitled to | ||||||
| 2 | compensation for a pecuniary loss; | ||||||
| 3 | (3) the date and nature of the crime on which the | ||||||
| 4 | application for compensation is based; | ||||||
| 5 | (4) the date and place where notification under | ||||||
| 6 | Section 6.1 was given and to whom, or the date and place of | ||||||
| 7 | issuance of an order of protection, no contact order, | ||||||
| 8 | evidence of a legal proceeding involving human | ||||||
| 9 | trafficking, or in cases of a law enforcement officer's | ||||||
| 10 | use of force, another form of documentation allowable | ||||||
| 11 | under Section 6.1; | ||||||
| 12 | (4.5) if the victim is providing supplemental forms of | ||||||
| 13 | documentation, that documentation, the date the victim | ||||||
| 14 | obtained that other form of documentation and the type of | ||||||
| 15 | documentation; | ||||||
| 16 | (5) the nature and extent of the injuries sustained by | ||||||
| 17 | the victim, and the names and addresses of those giving | ||||||
| 18 | medical and hospitalization treatment to the victim; | ||||||
| 19 | (6) the pecuniary loss to the applicant and to such | ||||||
| 20 | other persons as are specified under item (2) resulting | ||||||
| 21 | from the injury or death; | ||||||
| 22 | (7) the amount of benefits, payments, or awards, if | ||||||
| 23 | any, payable under: | ||||||
| 24 | (a) the Workers' Compensation Act, | ||||||
| 25 | (b) the Dram Shop Act, | ||||||
| 26 | (c) any claim, demand, or cause of action based | ||||||
| |||||||
| |||||||
| 1 | upon the crime-related injury or death, | ||||||
| 2 | (d) the Federal Medicare program, | ||||||
| 3 | (e) the State Public Aid program, | ||||||
| 4 | (f) Social Security Administration burial | ||||||
| 5 | benefits, | ||||||
| 6 | (g) Veterans administration burial benefits, | ||||||
| 7 | (h) life, health, accident, vehicle, towing, or | ||||||
| 8 | liability insurance, | ||||||
| 9 | (i) the Criminal Victims' Escrow Account Act, | ||||||
| 10 | (j) the Sexual Assault Survivors Emergency | ||||||
| 11 | Treatment Act, | ||||||
| 12 | (k) restitution, or | ||||||
| 13 | (l) any other source; | ||||||
| 14 | (8) releases authorizing the surrender to the Court of | ||||||
| 15 | Claims or Attorney General of reports, documents and other | ||||||
| 16 | information relating to the matters specified under this | ||||||
| 17 | Act and rules promulgated in accordance with the Act; | ||||||
| 18 | (9) such other information as the Court of Claims or | ||||||
| 19 | the Attorney General reasonably requires. | ||||||
| 20 | (b) The Attorney General may require that materials | ||||||
| 21 | substantiating the facts stated in the application be | ||||||
| 22 | submitted with that application. | ||||||
| 23 | (b-5) The victim or applicant may provide to the Attorney | ||||||
| 24 | General a sworn statement by the victim or applicant that | ||||||
| 25 | attests to the victim's or applicant's experience of a crime | ||||||
| 26 | or crimes of violence, in addition to documentation required | ||||||
| |||||||
| |||||||
| 1 | under this Act. If the victim or applicant has additional | ||||||
| 2 | corroborating evidence beyond those described in this Act, the | ||||||
| 3 | victim or applicant may provide the following documents: law | ||||||
| 4 | enforcement report; medical records; confirmation of sexual | ||||||
| 5 | assault evidence collection; order of protection; civil no | ||||||
| 6 | contact order, stalking no contact order; photographs; letter | ||||||
| 7 | from a service provider who serves victims of crime; affidavit | ||||||
| 8 | from a witness of the crime of violence; court record; | ||||||
| 9 | military record; or any other corroborating evidence. Such | ||||||
| 10 | documentation or statement may be used to supplement required | ||||||
| 11 | documentation to verify the incident but is not required. If | ||||||
| 12 | an applicant is seeking an exception under subsection (b) or | ||||||
| 13 | (c-1) of Section 6.1, the applicant shall provide any | ||||||
| 14 | additional documentation, information, or statement that | ||||||
| 15 | substantiates the facts stated in the application. | ||||||
| 16 | (c) An applicant, on his or her own motion, may file an | ||||||
| 17 | amended application or additional substantiating materials to | ||||||
| 18 | correct inadvertent errors or omissions at any time before the | ||||||
| 19 | original application has been disposed of by the Court of | ||||||
| 20 | Claims or the Attorney General. In either case, the filing of | ||||||
| 21 | additional information or of an amended application shall be | ||||||
| 22 | considered for the purpose of this Act to have been filed at | ||||||
| 23 | the same time as the original application. | ||||||
| 24 | For claims submitted on or after January 1, 2022, an | ||||||
| 25 | amended application or additional substantiating materials to | ||||||
| 26 | correct inadvertent errors or omissions may be filed at any | ||||||
| |||||||
| |||||||
| 1 | time before the original application is disposed of by the | ||||||
| 2 | Attorney General or the Court of Claims. | ||||||
| 3 | (d) Determinations submitted by the Attorney General to | ||||||
| 4 | the Court of Claims shall be available to the Court of Claims | ||||||
| 5 | for review. The Attorney General shall provide the sources and | ||||||
| 6 | evidence relied upon as a basis for a compensation | ||||||
| 7 | determination. | ||||||
| 8 | (e) The changes made to this Section by this amendatory | ||||||
| 9 | Act of the 101st General Assembly apply to actions commenced | ||||||
| 10 | or pending on or after January 1, 2022. | ||||||
| 11 | (Source: P.A. 102-27, eff. 6-25-21; 102-905, eff. 1-1-23; | ||||||
| 12 | 103-1037, eff. 1-1-25.) | ||||||
| 13 | Section 345. The Illinois Domestic Violence Act of 1986 is | ||||||
| 14 | amended by changing Sections 223 and 301 as follows: | ||||||
| 15 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23) | ||||||
| 16 | Sec. 223. Enforcement of orders of protection. | ||||||
| 17 | (a) When violation is crime. A violation of any order of | ||||||
| 18 | protection, whether issued in a civil or criminal proceeding | ||||||
| 19 | or by a military judge, shall be enforced by a criminal court | ||||||
| 20 | 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: | ||||||
| |||||||
| |||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 or by a military judge, may be | ||||||
| 6 | enforced through civil or criminal contempt procedures, as | ||||||
| 7 | appropriate, by any court with jurisdiction, regardless where | ||||||
| 8 | the act or acts which violated the order of protection were | ||||||
| 9 | committed, to the extent consistent with the venue provisions | ||||||
| 10 | of this Act. Nothing in this Act shall preclude any Illinois | ||||||
| 11 | court from enforcing any valid order of protection issued in | ||||||
| 12 | another state. Illinois courts may enforce orders of | ||||||
| 13 | protection through both criminal prosecution and contempt | ||||||
| 14 | proceedings, unless the action which is second in time is | ||||||
| 15 | barred by collateral estoppel or the constitutional | ||||||
| 16 | prohibition against double jeopardy. | ||||||
| 17 | (1) In a contempt proceeding where the petition for a | ||||||
| 18 | rule to show cause sets forth facts evidencing an | ||||||
| 19 | immediate danger that the respondent will flee the | ||||||
| 20 | jurisdiction, conceal a child, or inflict physical abuse | ||||||
| 21 | on the petitioner or minor children or on dependent adults | ||||||
| 22 | in petitioner's care, the court may order the attachment | ||||||
| 23 | of the respondent without prior service of the rule to | ||||||
| 24 | show cause or the petition for a rule to show cause. Bond | ||||||
| 25 | Conditions of release shall be set unless specifically | ||||||
| 26 | denied in writing. | ||||||
| |||||||
| |||||||
| 1 | (2) A petition for a rule to show cause for violation | ||||||
| 2 | of an order of protection shall be treated as an expedited | ||||||
| 3 | proceeding. | ||||||
| 4 | (b-1) The court shall not hold a school district or | ||||||
| 5 | private or non-public school or any of its employees in civil | ||||||
| 6 | or criminal contempt unless the school district or private or | ||||||
| 7 | non-public school has been allowed to intervene. | ||||||
| 8 | (b-2) The court may hold the parents, guardian, or legal | ||||||
| 9 | custodian of a minor respondent in civil or criminal contempt | ||||||
| 10 | for a violation of any provision of any order entered under | ||||||
| 11 | this Act for conduct of the minor respondent in violation of | ||||||
| 12 | this Act if the parents, guardian, or legal custodian | ||||||
| 13 | directed, encouraged, or assisted the respondent minor in such | ||||||
| 14 | conduct. | ||||||
| 15 | (c) Violation of custody or support orders or temporary or | ||||||
| 16 | final judgments allocating parental responsibilities. A | ||||||
| 17 | violation of remedies described in paragraphs (5), (6), (8), | ||||||
| 18 | or (9) of subsection (b) of Section 214 of this Act may be | ||||||
| 19 | enforced by any remedy provided by Section 607.5 of the | ||||||
| 20 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
| 21 | may enforce any order for support issued under paragraph (12) | ||||||
| 22 | of subsection (b) of Section 214 in the manner provided for | ||||||
| 23 | under Parts V and VII of the Illinois Marriage and Dissolution | ||||||
| 24 | of Marriage Act. | ||||||
| 25 | (d) Actual knowledge. An order of protection may be | ||||||
| 26 | enforced pursuant to this Section if the respondent violates | ||||||
| |||||||
| |||||||
| 1 | the order after the respondent has actual knowledge of its | ||||||
| 2 | contents as shown through one of the following means: | ||||||
| 3 | (1) By service, delivery, or notice under Section 210. | ||||||
| 4 | (2) By notice under Section 210.1 or 211. | ||||||
| 5 | (3) By service of an order of protection under Section | ||||||
| 6 | 222. | ||||||
| 7 | (4) By other means demonstrating actual knowledge of | ||||||
| 8 | the contents of the order. | ||||||
| 9 | (e) The enforcement of an order of protection in civil or | ||||||
| 10 | criminal court shall not be affected by either of the | ||||||
| 11 | following: | ||||||
| 12 | (1) The existence of a separate, correlative order, | ||||||
| 13 | entered under Section 215. | ||||||
| 14 | (2) Any finding or order entered in a conjoined | ||||||
| 15 | criminal proceeding. | ||||||
| 16 | (f) Circumstances. The court, when determining whether or | ||||||
| 17 | not a violation of an order of protection has occurred, shall | ||||||
| 18 | not require physical manifestations of abuse on the person of | ||||||
| 19 | the victim. | ||||||
| 20 | (g) Penalties. | ||||||
| 21 | (1) Except as provided in paragraph (3) of this | ||||||
| 22 | subsection, where the court finds the commission of a | ||||||
| 23 | crime or contempt of court under subsections (a) or (b) of | ||||||
| 24 | this Section, the penalty shall be the penalty that | ||||||
| 25 | generally applies in such criminal or contempt | ||||||
| 26 | proceedings, and may include one or more of the following: | ||||||
| |||||||
| |||||||
| 1 | incarceration, payment of restitution, a fine, payment of | ||||||
| 2 | attorneys' fees and costs, or community service. | ||||||
| 3 | (2) The court shall hear and take into account | ||||||
| 4 | evidence of any factors in aggravation or mitigation | ||||||
| 5 | before deciding an appropriate penalty under paragraph (1) | ||||||
| 6 | of this subsection. | ||||||
| 7 | (3) To the extent permitted by law, the court is | ||||||
| 8 | encouraged to: | ||||||
| 9 | (i) increase the penalty for the knowing violation | ||||||
| 10 | of any order of protection over any penalty previously | ||||||
| 11 | imposed by any court for respondent's violation of any | ||||||
| 12 | order of protection or penal statute involving | ||||||
| 13 | petitioner as victim and respondent as defendant; | ||||||
| 14 | (ii) impose a minimum penalty of 24 hours | ||||||
| 15 | imprisonment for respondent's first violation of any | ||||||
| 16 | order of protection; and | ||||||
| 17 | (iii) impose a minimum penalty of 48 hours | ||||||
| 18 | imprisonment for respondent's second or subsequent | ||||||
| 19 | violation of an order of protection | ||||||
| 20 | unless the court explicitly finds that an increased | ||||||
| 21 | penalty or that period of imprisonment would be manifestly | ||||||
| 22 | unjust. | ||||||
| 23 | (4) In addition to any other penalties imposed for a | ||||||
| 24 | violation of an order of protection, a criminal court may | ||||||
| 25 | consider evidence of any violations of an order of | ||||||
| 26 | protection: | ||||||
| |||||||
| |||||||
| 1 | (i) to increase, revoke or modify the bail bond | ||||||
| 2 | conditions of pretrial release on an underlying | ||||||
| 3 | criminal charge pursuant to Section 110-6 of the Code | ||||||
| 4 | of Criminal Procedure of 1963; | ||||||
| 5 | (ii) to revoke or modify an order of probation, | ||||||
| 6 | conditional discharge or supervision, pursuant to | ||||||
| 7 | Section 5-6-4 of the Unified Code of Corrections; | ||||||
| 8 | (iii) to revoke or modify a sentence of periodic | ||||||
| 9 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
| 10 | Code of Corrections. | ||||||
| 11 | (5) In addition to any other penalties, the court | ||||||
| 12 | shall impose an additional fine of $20 as authorized by | ||||||
| 13 | Section 5-9-1.11 of the Unified Code of Corrections upon | ||||||
| 14 | any person convicted of or placed on supervision for a | ||||||
| 15 | violation of an order of protection. The additional fine | ||||||
| 16 | shall be imposed for each violation of this Section. | ||||||
| 17 | (Source: P.A. 102-890, eff. 5-19-22; 103-407, eff. 7-28-23.) | ||||||
| 18 | (750 ILCS 60/301) (from Ch. 40, par. 2313-1) | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 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 pretrial release or recognizance. | ||||||
| 14 | (Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22; | ||||||
| 15 | 102-813, eff. 5-13-22.) | ||||||
| 16 | Section 350. The Industrial and Linen Supplies Marking Law | ||||||
| 17 | is amended by changing Section 11 as follows: | ||||||
| 18 | (765 ILCS 1045/11) (from Ch. 140, par. 111) | ||||||
| 19 | Sec. 11. Search warrant. Whenever the registrant, or | ||||||
| 20 | officer, or authorized agent of any firm, partnership or | ||||||
| 21 | corporation which is a registrant under this Act, takes an | ||||||
| 22 | oath before any circuit court, that he has reason to believe | ||||||
| 23 | that any supplies are being unlawfully used, sold, or secreted | ||||||
| 24 | in any place, the court shall issue a search warrant to any | ||||||
| |||||||
| |||||||
| 1 | police officer authorizing such officer to search the premises | ||||||
| 2 | wherein it is alleged such articles may be found and take into | ||||||
| 3 | custody any person in whose possession the articles are found. | ||||||
| 4 | Any person so seized shall be taken without unnecessary delay | ||||||
| 5 | before the court issuing the search warrant. The court is | ||||||
| 6 | empowered to impose bail conditions of pretrial release on any | ||||||
| 7 | such person to compel his attendance at any continued hearing. | ||||||
| 8 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 9 | Section 355. The Illinois Torture Inquiry and Relief | ||||||
| 10 | Commission Act is amended by changing Section 50 as follows: | ||||||
| 11 | (775 ILCS 40/50) | ||||||
| 12 | Sec. 50. Post-commission judicial review. | ||||||
| 13 | (a) If the Commission concludes there is sufficient | ||||||
| 14 | evidence of torture to merit judicial review, the Chair of the | ||||||
| 15 | Commission shall request the Chief Judge of the Circuit Court | ||||||
| 16 | of Cook County for assignment to a trial judge for | ||||||
| 17 | consideration. The court may receive proof by affidavits, | ||||||
| 18 | depositions, oral testimony, or other evidence. In its | ||||||
| 19 | discretion the court may order the petitioner brought before | ||||||
| 20 | the court for the hearing. Notwithstanding the status of any | ||||||
| 21 | other postconviction proceedings relating to the petitioner, | ||||||
| 22 | if the court finds in favor of the petitioner, it shall enter | ||||||
| 23 | an appropriate order with respect to the judgment or sentence | ||||||
| 24 | in the former proceedings and such supplementary orders as to | ||||||
| |||||||
| |||||||
| 1 | rearraignment, retrial, custody, bail, pretrial release or | ||||||
| 2 | discharge, or for such relief as may be granted under a | ||||||
| 3 | petition for a certificate of innocence, as may be necessary | ||||||
| 4 | and proper. | ||||||
| 5 | (b) The State's Attorney, or the State's Attorney's | ||||||
| 6 | designee, shall represent the State at the hearing before the | ||||||
| 7 | assigned judge. | ||||||
| 8 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 9 | Section 360. The Unemployment Insurance Act is amended by | ||||||
| 10 | changing Section 602 as follows: | ||||||
| 11 | (820 ILCS 405/602) (from Ch. 48, par. 432) | ||||||
| 12 | Sec. 602. Discharge for misconduct - Felony. | ||||||
| 13 | A. An individual shall be ineligible for benefits for the | ||||||
| 14 | week in which he has been discharged for misconduct connected | ||||||
| 15 | with his work and, thereafter, until he has become reemployed | ||||||
| 16 | and has had earnings equal to or in excess of his current | ||||||
| 17 | weekly benefit amount in each of four calendar weeks which are | ||||||
| 18 | either for services in employment, or have been or will be | ||||||
| 19 | reported pursuant to the provisions of the Federal Insurance | ||||||
| 20 | Contributions Act by each employing unit for which such | ||||||
| 21 | services are performed and which submits a statement | ||||||
| 22 | certifying to that fact. The requalification requirements of | ||||||
| 23 | the preceding sentence shall be deemed to have been satisfied, | ||||||
| 24 | as of the date of reinstatement, if, subsequent to his | ||||||
| |||||||
| |||||||
| 1 | discharge by an employing unit for misconduct connected with | ||||||
| 2 | his work, such individual is reinstated by such employing | ||||||
| 3 | unit. For purposes of this subsection, the term "misconduct" | ||||||
| 4 | means the deliberate and willful violation of a reasonable | ||||||
| 5 | rule or policy of the employing unit, governing the | ||||||
| 6 | individual's behavior in performance of his work, provided | ||||||
| 7 | such violation has harmed the employing unit or other | ||||||
| 8 | employees or has been repeated by the individual despite a | ||||||
| 9 | warning or other explicit instruction from the employing unit. | ||||||
| 10 | The previous definition notwithstanding, "misconduct" shall | ||||||
| 11 | include any of the following work-related circumstances: | ||||||
| 12 | 1. Falsification of an employment application, or any | ||||||
| 13 | other documentation provided to the employer, to obtain | ||||||
| 14 | employment through subterfuge. | ||||||
| 15 | 2. Failure to maintain licenses, registrations, and | ||||||
| 16 | certifications reasonably required by the employer, or | ||||||
| 17 | those that the individual is required to possess by law, | ||||||
| 18 | to perform his or her regular job duties, unless the | ||||||
| 19 | failure is not within the control of the individual. | ||||||
| 20 | 3. Knowing, repeated violation of the attendance | ||||||
| 21 | policies of the employer that are in compliance with State | ||||||
| 22 | and federal law following a written warning for an | ||||||
| 23 | attendance violation, unless the individual can | ||||||
| 24 | demonstrate that he or she has made a reasonable effort to | ||||||
| 25 | remedy the reason or reasons for the violations or that | ||||||
| 26 | the reason or reasons for the violations were out of the | ||||||
| |||||||
| |||||||
| 1 | individual's control. Attendance policies of the employer | ||||||
| 2 | shall be reasonable and provided to the individual in | ||||||
| 3 | writing, electronically, or via posting in the workplace. | ||||||
| 4 | 4. Damaging the employer's property through conduct | ||||||
| 5 | that is grossly negligent. | ||||||
| 6 | 5. Refusal to obey an employer's reasonable and lawful | ||||||
| 7 | instruction, unless the refusal is due to the lack of | ||||||
| 8 | ability, skills, or training for the individual required | ||||||
| 9 | to obey the instruction or the instruction would result in | ||||||
| 10 | an unsafe act. | ||||||
| 11 | 6. Consuming alcohol or illegal or non-prescribed | ||||||
| 12 | prescription drugs, or using an impairing substance in an | ||||||
| 13 | off-label manner, on the employer's premises during | ||||||
| 14 | working hours in violation of the employer's policies. | ||||||
| 15 | 7. Reporting to work under the influence of alcohol, | ||||||
| 16 | illegal or non-prescribed prescription drugs, or an | ||||||
| 17 | impairing substance used in an off-label manner in | ||||||
| 18 | violation of the employer's policies, unless the | ||||||
| 19 | individual is compelled to report to work by the employer | ||||||
| 20 | outside of scheduled and on-call working hours and informs | ||||||
| 21 | the employer that he or she is under the influence of | ||||||
| 22 | alcohol, illegal or non-prescribed prescription drugs, or | ||||||
| 23 | an impairing substance used in an off-label manner in | ||||||
| 24 | violation of the employer's policies. | ||||||
| 25 | 8. Grossly negligent conduct endangering the safety of | ||||||
| 26 | the individual or co-workers. | ||||||
| |||||||
| |||||||
| 1 | For purposes of paragraphs 4 and 8, conduct is "grossly | ||||||
| 2 | negligent" when the individual is, or reasonably should be, | ||||||
| 3 | aware of a substantial risk that the conduct will result in the | ||||||
| 4 | harm sought to be prevented and the conduct constitutes a | ||||||
| 5 | substantial deviation from the standard of care a reasonable | ||||||
| 6 | person would exercise in the situation. | ||||||
| 7 | Nothing in paragraph 6 or 7 prohibits the lawful use of | ||||||
| 8 | over-the-counter drug products as defined in Section 206 of | ||||||
| 9 | the Illinois Controlled Substances Act, provided that the | ||||||
| 10 | medication does not affect the safe performance of the | ||||||
| 11 | employee's work duties. | ||||||
| 12 | B. Notwithstanding any other provision of this Act, no | ||||||
| 13 | benefit rights shall accrue to any individual based upon wages | ||||||
| 14 | from any employer for service rendered prior to the day upon | ||||||
| 15 | which such individual was discharged because of the commission | ||||||
| 16 | of a felony in connection with his work, or because of theft in | ||||||
| 17 | connection with his work, for which the employer was in no way | ||||||
| 18 | responsible; provided, that the employer notified the Director | ||||||
| 19 | of such possible ineligibility within the time limits | ||||||
| 20 | specified by regulations of the Director, and that the | ||||||
| 21 | individual has admitted his commission of the felony or theft | ||||||
| 22 | to a representative of the Director, or has signed a written | ||||||
| 23 | admission of such act and such written admission has been | ||||||
| 24 | presented to a representative of the Director, or such act has | ||||||
| 25 | resulted in a conviction or order of supervision by a court of | ||||||
| 26 | competent jurisdiction; and provided further, that if by | ||||||
| |||||||
| |||||||
| 1 | reason of such act, he is in legal custody, held on bail | ||||||
| 2 | pretrial release or is a fugitive from justice, the | ||||||
| 3 | determination of his benefit rights shall be held in abeyance | ||||||
| 4 | pending the result of any legal proceedings arising therefrom. | ||||||
| 5 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
| 6 | (730 ILCS 5/3-6-7.1 rep.) | ||||||
| 7 | (730 ILCS 5/3-6-7.2 rep.) | ||||||
| 8 | (730 ILCS 5/3-6-7.3 rep.) | ||||||
| 9 | (730 ILCS 5/3-6-7.4 rep.) | ||||||
| 10 | Section 365. The Unified Code of Corrections is amended by | ||||||
| 11 | repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4. | ||||||
| 12 | (730 ILCS 125/17.6 rep.) | ||||||
| 13 | (730 ILCS 125/17.7 rep.) | ||||||
| 14 | (730 ILCS 125/17.8 rep.) | ||||||
| 15 | (730 ILCS 125/17.9 rep.) | ||||||
| 16 | Section 370. The County Jail Act is amended by repealing | ||||||
| 17 | Sections 17.6, 17.7, 17.8, and 17.9. | ||||||
| 18 | Section 371. The Open Meetings Act is amended by changing | ||||||
| 19 | Section 2 as follows: | ||||||
| 20 | (5 ILCS 120/2) (from Ch. 102, par. 42) | ||||||
| 21 | Sec. 2. Open meetings. | ||||||
| 22 | (a) Openness required. All meetings of public bodies shall | ||||||
| |||||||
| |||||||
| 1 | be open to the public unless excepted in subsection (c) and | ||||||
| 2 | closed in accordance with Section 2a. | ||||||
| 3 | (b) Construction of exceptions. The exceptions contained | ||||||
| 4 | in subsection (c) are in derogation of the requirement that | ||||||
| 5 | public bodies meet in the open, and therefore, the exceptions | ||||||
| 6 | are to be strictly construed, extending only to subjects | ||||||
| 7 | clearly within their scope. The exceptions authorize but do | ||||||
| 8 | not require the holding of a closed meeting to discuss a | ||||||
| 9 | subject included within an enumerated exception. | ||||||
| 10 | (c) Exceptions. A public body may hold closed meetings to | ||||||
| 11 | consider the following subjects: | ||||||
| 12 | (1) The appointment, employment, compensation, | ||||||
| 13 | discipline, performance, or dismissal of specific | ||||||
| 14 | employees, specific individuals who serve as independent | ||||||
| 15 | contractors in a park, recreational, or educational | ||||||
| 16 | setting, or specific volunteers of the public body or | ||||||
| 17 | legal counsel for the public body, including hearing | ||||||
| 18 | testimony on a complaint lodged against an employee, a | ||||||
| 19 | specific individual who serves as an independent | ||||||
| 20 | contractor in a park, recreational, or educational | ||||||
| 21 | setting, or a volunteer of the public body or against | ||||||
| 22 | legal counsel for the public body to determine its | ||||||
| 23 | validity. However, a meeting to consider an increase in | ||||||
| 24 | compensation to a specific employee of a public body that | ||||||
| 25 | is subject to the Local Government Wage Increase | ||||||
| 26 | Transparency Act may not be closed and shall be open to the | ||||||
| |||||||
| |||||||
| 1 | public and posted and held in accordance with this Act. | ||||||
| 2 | (2) Collective negotiating matters between the public | ||||||
| 3 | body and its employees or their representatives, or | ||||||
| 4 | deliberations concerning salary schedules for one or more | ||||||
| 5 | classes of employees. | ||||||
| 6 | (3) The selection of a person to fill a public office, | ||||||
| 7 | as defined in this Act, including a vacancy in a public | ||||||
| 8 | office, when the public body is given power to appoint | ||||||
| 9 | under law or ordinance, or the discipline, performance or | ||||||
| 10 | removal of the occupant of a public office, when the | ||||||
| 11 | public body is given power to remove the occupant under | ||||||
| 12 | law or ordinance. | ||||||
| 13 | (4) Evidence or testimony presented in open hearing, | ||||||
| 14 | or in closed hearing where specifically authorized by law, | ||||||
| 15 | to a quasi-adjudicative body, as defined in this Act, | ||||||
| 16 | provided that the body prepares and makes available for | ||||||
| 17 | public inspection a written decision setting forth its | ||||||
| 18 | determinative reasoning. | ||||||
| 19 | (4.5) Evidence or testimony presented to a school | ||||||
| 20 | board regarding denial of admission to school events or | ||||||
| 21 | property pursuant to Section 24-24 of the School Code, | ||||||
| 22 | provided that the school board prepares and makes | ||||||
| 23 | available for public inspection a written decision setting | ||||||
| 24 | forth its determinative reasoning. | ||||||
| 25 | (5) The purchase or lease of real property for the use | ||||||
| 26 | of the public body, including meetings held for the | ||||||
| |||||||
| |||||||
| 1 | purpose of discussing whether a particular parcel should | ||||||
| 2 | be acquired. | ||||||
| 3 | (6) The setting of a price for sale or lease of | ||||||
| 4 | property owned by the public body. | ||||||
| 5 | (7) The sale or purchase of securities, investments, | ||||||
| 6 | or investment contracts. This exception shall not apply to | ||||||
| 7 | the investment of assets or income of funds deposited into | ||||||
| 8 | the Illinois Prepaid Tuition Trust Fund. | ||||||
| 9 | (8) Security procedures, school building safety and | ||||||
| 10 | security, and the use of personnel and equipment to | ||||||
| 11 | respond to an actual, a threatened, or a reasonably | ||||||
| 12 | potential danger to the safety of employees, students, | ||||||
| 13 | staff, the public, or public property. | ||||||
| 14 | (9) Student disciplinary cases. | ||||||
| 15 | (10) The placement of individual students in special | ||||||
| 16 | education programs and other matters relating to | ||||||
| 17 | individual students. | ||||||
| 18 | (11) Litigation, when an action against, affecting or | ||||||
| 19 | on behalf of the particular public body has been filed and | ||||||
| 20 | is pending before a court or administrative tribunal, or | ||||||
| 21 | when the public body finds that an action is probable or | ||||||
| 22 | imminent, in which case the basis for the finding shall be | ||||||
| 23 | recorded and entered into the minutes of the closed | ||||||
| 24 | meeting. | ||||||
| 25 | (12) The establishment of reserves or settlement of | ||||||
| 26 | claims as provided in the Local Governmental and | ||||||
| |||||||
| |||||||
| 1 | Governmental Employees Tort Immunity Act, if otherwise the | ||||||
| 2 | disposition of a claim or potential claim might be | ||||||
| 3 | prejudiced, or the review or discussion of claims, loss or | ||||||
| 4 | risk management information, records, data, advice or | ||||||
| 5 | communications from or with respect to any insurer of the | ||||||
| 6 | public body or any intergovernmental risk management | ||||||
| 7 | association or self insurance pool of which the public | ||||||
| 8 | body is a member. | ||||||
| 9 | (13) Conciliation of complaints of discrimination in | ||||||
| 10 | the sale or rental of housing, when closed meetings are | ||||||
| 11 | authorized by the law or ordinance prescribing fair | ||||||
| 12 | housing practices and creating a commission or | ||||||
| 13 | administrative agency for their enforcement. | ||||||
| 14 | (14) Informant sources, the hiring or assignment of | ||||||
| 15 | undercover personnel or equipment, or ongoing, prior or | ||||||
| 16 | future criminal investigations, when discussed by a public | ||||||
| 17 | body with criminal investigatory responsibilities. | ||||||
| 18 | (15) Professional ethics or performance when | ||||||
| 19 | considered by an advisory body appointed to advise a | ||||||
| 20 | licensing or regulatory agency on matters germane to the | ||||||
| 21 | advisory body's field of competence. | ||||||
| 22 | (16) Self evaluation, practices and procedures or | ||||||
| 23 | professional ethics, when meeting with a representative of | ||||||
| 24 | a statewide association of which the public body is a | ||||||
| 25 | member. | ||||||
| 26 | (17) The recruitment, credentialing, discipline or | ||||||
| |||||||
| |||||||
| 1 | formal peer review of physicians or other health care | ||||||
| 2 | professionals, or for the discussion of matters protected | ||||||
| 3 | under the federal Patient Safety and Quality Improvement | ||||||
| 4 | Act of 2005, and the regulations promulgated thereunder, | ||||||
| 5 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
| 6 | Health Insurance Portability and Accountability Act of | ||||||
| 7 | 1996, and the regulations promulgated thereunder, | ||||||
| 8 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
| 9 | hospital, or other institution providing medical care, | ||||||
| 10 | that is operated by the public body. | ||||||
| 11 | (18) Deliberations for decisions of the Prisoner | ||||||
| 12 | Review Board. | ||||||
| 13 | (19) Review or discussion of applications received | ||||||
| 14 | under the Experimental Organ Transplantation Procedures | ||||||
| 15 | Act. | ||||||
| 16 | (20) The classification and discussion of matters | ||||||
| 17 | classified as confidential or continued confidential by | ||||||
| 18 | the State Government Suggestion Award Board. | ||||||
| 19 | (21) Discussion of minutes of meetings lawfully closed | ||||||
| 20 | under this Act, whether for purposes of approval by the | ||||||
| 21 | body of the minutes or semi-annual review of the minutes | ||||||
| 22 | as mandated by Section 2.06. | ||||||
| 23 | (22) Deliberations for decisions of the State | ||||||
| 24 | Emergency Medical Services Disciplinary Review Board. | ||||||
| 25 | (23) The operation by a municipality of a municipal | ||||||
| 26 | utility or the operation of a municipal power agency or | ||||||
| |||||||
| |||||||
| 1 | municipal natural gas agency when the discussion involves | ||||||
| 2 | (i) contracts relating to the purchase, sale, or delivery | ||||||
| 3 | of electricity or natural gas or (ii) the results or | ||||||
| 4 | conclusions of load forecast studies. | ||||||
| 5 | (24) Meetings of a residential health care facility | ||||||
| 6 | resident sexual assault and death review team or the | ||||||
| 7 | Executive Council under the Abuse Prevention Review Team | ||||||
| 8 | Act. | ||||||
| 9 | (25) Meetings of an independent team of experts under | ||||||
| 10 | Brian's Law. | ||||||
| 11 | (26) Meetings of a mortality review team appointed | ||||||
| 12 | under the Department of Juvenile Justice Mortality Review | ||||||
| 13 | Team Act. | ||||||
| 14 | (27) (Blank). | ||||||
| 15 | (28) Correspondence and records (i) that may not be | ||||||
| 16 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 17 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 18 | the Illinois Public Aid Code. | ||||||
| 19 | (29) Meetings between internal or external auditors | ||||||
| 20 | and governmental audit committees, finance committees, and | ||||||
| 21 | their equivalents, when the discussion involves internal | ||||||
| 22 | control weaknesses, identification of potential fraud risk | ||||||
| 23 | areas, known or suspected frauds, and fraud interviews | ||||||
| 24 | conducted in accordance with generally accepted auditing | ||||||
| 25 | standards of the United States of America. | ||||||
| 26 | (30) (Blank). | ||||||
| |||||||
| |||||||
| 1 | (31) Meetings and deliberations for decisions of the | ||||||
| 2 | Concealed Carry Licensing Review Board under the Firearm | ||||||
| 3 | Concealed Carry Act. | ||||||
| 4 | (32) Meetings between the Regional Transportation | ||||||
| 5 | Authority Board and its Service Boards when the discussion | ||||||
| 6 | involves review by the Regional Transportation Authority | ||||||
| 7 | Board of employment contracts under Section 28d of the | ||||||
| 8 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
| 9 | 3B.26 of the Regional Transportation Authority Act. | ||||||
| 10 | (33) Those meetings or portions of meetings of the | ||||||
| 11 | advisory committee and peer review subcommittee created | ||||||
| 12 | under Section 320 of the Illinois Controlled Substances | ||||||
| 13 | Act during which specific controlled substance prescriber, | ||||||
| 14 | dispenser, or patient information is discussed. | ||||||
| 15 | (34) Meetings of the Tax Increment Financing Reform | ||||||
| 16 | Task Force under Section 2505-800 of the Department of | ||||||
| 17 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
| 18 | (35) Meetings of the group established to discuss | ||||||
| 19 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
| 20 | Illinois Public Aid Code. | ||||||
| 21 | (36) Those deliberations or portions of deliberations | ||||||
| 22 | for decisions of the Illinois Gaming Board in which there | ||||||
| 23 | is discussed any of the following: (i) personal, | ||||||
| 24 | commercial, financial, or other information obtained from | ||||||
| 25 | any source that is privileged, proprietary, confidential, | ||||||
| 26 | or a trade secret; or (ii) information specifically | ||||||
| |||||||
| |||||||
| 1 | exempted from the disclosure by federal or State law. | ||||||
| 2 | (37) (Blank). Deliberations for decisions of the | ||||||
| 3 | Illinois Law Enforcement Training Standards Board, the | ||||||
| 4 | Certification Review Panel, and the Illinois State Police | ||||||
| 5 | Merit Board regarding certification and decertification. | ||||||
| 6 | (38) Meetings of the Ad Hoc Statewide Domestic | ||||||
| 7 | Violence Fatality Review Committee of the Illinois | ||||||
| 8 | Criminal Justice Information Authority Board that occur in | ||||||
| 9 | closed executive session under subsection (d) of Section | ||||||
| 10 | 35 of the Domestic Violence Fatality Review Act. | ||||||
| 11 | (39) Meetings of the regional review teams under | ||||||
| 12 | subsection (a) of Section 75 of the Domestic Violence | ||||||
| 13 | Fatality Review Act. | ||||||
| 14 | (40) Meetings of the Firearm Owner's Identification | ||||||
| 15 | Card Review Board under Section 10 of the Firearm Owners | ||||||
| 16 | Identification Card Act. | ||||||
| 17 | (d) Definitions. For purposes of this Section: | ||||||
| 18 | "Employee" means a person employed by a public body whose | ||||||
| 19 | relationship with the public body constitutes an | ||||||
| 20 | employer-employee relationship under the usual common law | ||||||
| 21 | rules, and who is not an independent contractor. | ||||||
| 22 | "Public office" means a position created by or under the | ||||||
| 23 | Constitution or laws of this State, the occupant of which is | ||||||
| 24 | charged with the exercise of some portion of the sovereign | ||||||
| 25 | power of this State. The term "public office" shall include | ||||||
| 26 | members of the public body, but it shall not include | ||||||
| |||||||
| |||||||
| 1 | organizational positions filled by members thereof, whether | ||||||
| 2 | established by law or by a public body itself, that exist to | ||||||
| 3 | assist the body in the conduct of its business. | ||||||
| 4 | "Quasi-adjudicative body" means an administrative body | ||||||
| 5 | charged by law or ordinance with the responsibility to conduct | ||||||
| 6 | hearings, receive evidence or testimony and make | ||||||
| 7 | determinations based thereon, but does not include local | ||||||
| 8 | electoral boards when such bodies are considering petition | ||||||
| 9 | challenges. | ||||||
| 10 | (e) Final action. No final action may be taken at a closed | ||||||
| 11 | meeting. Final action shall be preceded by a public recital of | ||||||
| 12 | the nature of the matter being considered and other | ||||||
| 13 | information that will inform the public of the business being | ||||||
| 14 | conducted. | ||||||
| 15 | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
| 16 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. | ||||||
| 17 | 7-28-23; 103-626, eff. 1-1-25.) | ||||||
| 18 | Section 375. The Freedom of Information Act is amended by | ||||||
| 19 | changing Sections 7 and 7.5 as follows: | ||||||
| 20 | (5 ILCS 140/7) | ||||||
| 21 | (Text of Section before amendment by P.A. 104-300) | ||||||
| 22 | Sec. 7. Exemptions. | ||||||
| 23 | (1) When a request is made to inspect or copy a public | ||||||
| 24 | record that contains information that is exempt from | ||||||
| |||||||
| |||||||
| 1 | disclosure under this Section, but also contains information | ||||||
| 2 | that is not exempt from disclosure, the public body may elect | ||||||
| 3 | to redact the information that is exempt. The public body | ||||||
| 4 | shall make the remaining information available for inspection | ||||||
| 5 | and copying. Subject to this requirement, the following shall | ||||||
| 6 | be exempt from inspection and copying: | ||||||
| 7 | (a) Information specifically prohibited from | ||||||
| 8 | disclosure by federal or State law or rules and | ||||||
| 9 | regulations implementing federal or State law. | ||||||
| 10 | (b) Private information, unless disclosure is required | ||||||
| 11 | by another provision of this Act, a State or federal law, | ||||||
| 12 | or a court order. | ||||||
| 13 | (b-5) Files, documents, and other data or databases | ||||||
| 14 | maintained by one or more law enforcement agencies and | ||||||
| 15 | specifically designed to provide information to one or | ||||||
| 16 | more law enforcement agencies regarding the physical or | ||||||
| 17 | mental status of one or more individual subjects. | ||||||
| 18 | (c) Personal information contained within public | ||||||
| 19 | records, the disclosure of which would constitute a | ||||||
| 20 | clearly unwarranted invasion of personal privacy, unless | ||||||
| 21 | the disclosure is consented to in writing by the | ||||||
| 22 | individual subjects of the information. "Unwarranted | ||||||
| 23 | invasion of personal privacy" means the disclosure of | ||||||
| 24 | information that is highly personal or objectionable to a | ||||||
| 25 | reasonable person and in which the subject's right to | ||||||
| 26 | privacy outweighs any legitimate public interest in | ||||||
| |||||||
| |||||||
| 1 | obtaining the information. The disclosure of information | ||||||
| 2 | that bears on the public duties of public employees and | ||||||
| 3 | officials shall not be considered an invasion of personal | ||||||
| 4 | privacy. | ||||||
| 5 | (d) Records in the possession of any public body | ||||||
| 6 | created in the course of administrative enforcement | ||||||
| 7 | proceedings, and any law enforcement or correctional | ||||||
| 8 | agency for law enforcement purposes, but only to the | ||||||
| 9 | extent that disclosure would: | ||||||
| 10 | (i) interfere with pending or actually and | ||||||
| 11 | reasonably contemplated law enforcement proceedings | ||||||
| 12 | conducted by any law enforcement or correctional | ||||||
| 13 | agency that is the recipient of the request; | ||||||
| 14 | (ii) interfere with active administrative | ||||||
| 15 | enforcement proceedings conducted by the public body | ||||||
| 16 | that is the recipient of the request; | ||||||
| 17 | (iii) create a substantial likelihood that a | ||||||
| 18 | person will be deprived of a fair trial or an impartial | ||||||
| 19 | hearing; | ||||||
| 20 | (iv) unavoidably disclose the identity of a | ||||||
| 21 | confidential source, confidential information | ||||||
| 22 | furnished only by the confidential source, or persons | ||||||
| 23 | who file complaints with or provide information to | ||||||
| 24 | administrative, investigative, law enforcement, or | ||||||
| 25 | penal agencies; except that the identities of | ||||||
| 26 | witnesses to traffic crashes, traffic crash reports, | ||||||
| |||||||
| |||||||
| 1 | and rescue reports shall be provided by agencies of | ||||||
| 2 | local government, except when disclosure would | ||||||
| 3 | interfere with an active criminal investigation | ||||||
| 4 | conducted by the agency that is the recipient of the | ||||||
| 5 | request; | ||||||
| 6 | (v) disclose unique or specialized investigative | ||||||
| 7 | techniques other than those generally used and known | ||||||
| 8 | or disclose internal documents of correctional | ||||||
| 9 | agencies related to detection, observation, or | ||||||
| 10 | investigation of incidents of crime or misconduct, and | ||||||
| 11 | disclosure would result in demonstrable harm to the | ||||||
| 12 | agency or public body that is the recipient of the | ||||||
| 13 | request; | ||||||
| 14 | (vi) endanger the life or physical safety of law | ||||||
| 15 | enforcement personnel or any other person; or | ||||||
| 16 | (vii) obstruct an ongoing criminal investigation | ||||||
| 17 | by the agency that is the recipient of the request. | ||||||
| 18 | (d-5) A law enforcement record created for law | ||||||
| 19 | enforcement purposes and contained in a shared electronic | ||||||
| 20 | record management system if the law enforcement agency | ||||||
| 21 | that is the recipient of the request did not create the | ||||||
| 22 | record, did not participate in or have a role in any of the | ||||||
| 23 | events which are the subject of the record, and only has | ||||||
| 24 | access to the record through the shared electronic record | ||||||
| 25 | management system. | ||||||
| 26 | (d-6) (Blank). Records contained in the Officer | ||||||
| |||||||
| |||||||
| 1 | Professional Conduct Database under Section 9.2 of the | ||||||
| 2 | Illinois Police Training Act, except to the extent | ||||||
| 3 | authorized under that Section. This includes the documents | ||||||
| 4 | supplied to the Illinois Law Enforcement Training | ||||||
| 5 | Standards Board from the Illinois State Police and | ||||||
| 6 | Illinois State Police Merit Board. | ||||||
| 7 | (d-7) Information gathered or records created from the | ||||||
| 8 | use of automatic license plate readers in connection with | ||||||
| 9 | Section 2-130 of the Illinois Vehicle Code. | ||||||
| 10 | (e) Records that relate to or affect the security of | ||||||
| 11 | correctional institutions and detention facilities. | ||||||
| 12 | (e-5) Records requested by persons committed to the | ||||||
| 13 | Department of Corrections, Department of Human Services | ||||||
| 14 | Division of Mental Health, or a county jail if those | ||||||
| 15 | materials are available in the library of the correctional | ||||||
| 16 | institution or facility or jail where the inmate is | ||||||
| 17 | confined. | ||||||
| 18 | (e-6) Records requested by persons committed to the | ||||||
| 19 | Department of Corrections, Department of Human Services | ||||||
| 20 | Division of Mental Health, or a county jail if those | ||||||
| 21 | materials include records from staff members' personnel | ||||||
| 22 | files, staff rosters, or other staffing assignment | ||||||
| 23 | information. | ||||||
| 24 | (e-7) Records requested by persons committed to the | ||||||
| 25 | Department of Corrections or Department of Human Services | ||||||
| 26 | Division of Mental Health if those materials are available | ||||||
| |||||||
| |||||||
| 1 | through an administrative request to the Department of | ||||||
| 2 | Corrections or Department of Human Services Division of | ||||||
| 3 | Mental Health. | ||||||
| 4 | (e-8) Records requested by a person committed to the | ||||||
| 5 | Department of Corrections, Department of Human Services | ||||||
| 6 | Division of Mental Health, or a county jail, the | ||||||
| 7 | disclosure of which would result in the risk of harm to any | ||||||
| 8 | person or the risk of an escape from a jail or correctional | ||||||
| 9 | institution or facility. | ||||||
| 10 | (e-9) Records requested by a person in a county jail | ||||||
| 11 | or committed to the Department of Corrections or | ||||||
| 12 | Department of Human Services Division of Mental Health, | ||||||
| 13 | containing personal information pertaining to the person's | ||||||
| 14 | victim or the victim's family, including, but not limited | ||||||
| 15 | to, a victim's home address, home telephone number, work | ||||||
| 16 | or school address, work telephone number, social security | ||||||
| 17 | number, or any other identifying information, except as | ||||||
| 18 | may be relevant to a requester's current or potential case | ||||||
| 19 | or claim. | ||||||
| 20 | (e-10) Law enforcement records of other persons | ||||||
| 21 | requested by a person committed to the Department of | ||||||
| 22 | Corrections, Department of Human Services Division of | ||||||
| 23 | Mental Health, or a county jail, including, but not | ||||||
| 24 | limited to, arrest and booking records, mug shots, and | ||||||
| 25 | crime scene photographs, except as these records may be | ||||||
| 26 | relevant to the requester's current or potential case or | ||||||
| |||||||
| |||||||
| 1 | claim. | ||||||
| 2 | (f) Preliminary drafts, notes, recommendations, | ||||||
| 3 | memoranda, and other records in which opinions are | ||||||
| 4 | expressed, or policies or actions are formulated, except | ||||||
| 5 | that a specific record or relevant portion of a record | ||||||
| 6 | shall not be exempt when the record is publicly cited and | ||||||
| 7 | identified by the head of the public body. The exemption | ||||||
| 8 | provided in this paragraph (f) extends to all those | ||||||
| 9 | records of officers and agencies of the General Assembly | ||||||
| 10 | that pertain to the preparation of legislative documents. | ||||||
| 11 | (g) Trade secrets and commercial or financial | ||||||
| 12 | information obtained from a person or business where the | ||||||
| 13 | trade secrets or commercial or financial information are | ||||||
| 14 | furnished under a claim that they are proprietary, | ||||||
| 15 | privileged, or confidential, and that disclosure of the | ||||||
| 16 | trade secrets or commercial or financial information would | ||||||
| 17 | cause competitive harm to the person or business, and only | ||||||
| 18 | insofar as the claim directly applies to the records | ||||||
| 19 | requested. | ||||||
| 20 | The information included under this exemption includes | ||||||
| 21 | all trade secrets and commercial or financial information | ||||||
| 22 | obtained by a public body, including a public pension | ||||||
| 23 | fund, from a private equity fund or a privately held | ||||||
| 24 | company within the investment portfolio of a private | ||||||
| 25 | equity fund as a result of either investing or evaluating | ||||||
| 26 | a potential investment of public funds in a private equity | ||||||
| |||||||
| |||||||
| 1 | fund. The exemption contained in this item does not apply | ||||||
| 2 | to the aggregate financial performance information of a | ||||||
| 3 | private equity fund, nor to the identity of the fund's | ||||||
| 4 | managers or general partners. The exemption contained in | ||||||
| 5 | this item does not apply to the identity of a privately | ||||||
| 6 | held company within the investment portfolio of a private | ||||||
| 7 | equity fund, unless the disclosure of the identity of a | ||||||
| 8 | privately held company may cause competitive harm. | ||||||
| 9 | Nothing contained in this paragraph (g) shall be | ||||||
| 10 | construed to prevent a person or business from consenting | ||||||
| 11 | to disclosure. | ||||||
| 12 | (h) Proposals and bids for any contract, grant, or | ||||||
| 13 | agreement, including information which if it were | ||||||
| 14 | disclosed would frustrate procurement or give an advantage | ||||||
| 15 | to any person proposing to enter into a contractor | ||||||
| 16 | agreement with the body, until an award or final selection | ||||||
| 17 | is made. Information prepared by or for the body in | ||||||
| 18 | preparation of a bid solicitation shall be exempt until an | ||||||
| 19 | award or final selection is made. | ||||||
| 20 | (i) Valuable formulae, computer geographic systems, | ||||||
| 21 | designs, drawings, and research data obtained or produced | ||||||
| 22 | by any public body when disclosure could reasonably be | ||||||
| 23 | expected to produce private gain or public loss. The | ||||||
| 24 | exemption for "computer geographic systems" provided in | ||||||
| 25 | this paragraph (i) does not extend to requests made by | ||||||
| 26 | news media as defined in Section 2 of this Act when the | ||||||
| |||||||
| |||||||
| 1 | requested information is not otherwise exempt and the only | ||||||
| 2 | purpose of the request is to access and disseminate | ||||||
| 3 | information regarding the health, safety, welfare, or | ||||||
| 4 | legal rights of the general public. | ||||||
| 5 | (j) The following information pertaining to | ||||||
| 6 | educational matters: | ||||||
| 7 | (i) test questions, scoring keys, and other | ||||||
| 8 | examination data used to administer an academic | ||||||
| 9 | examination; | ||||||
| 10 | (ii) information received by a primary or | ||||||
| 11 | secondary school, college, or university under its | ||||||
| 12 | procedures for the evaluation of faculty members by | ||||||
| 13 | their academic peers; | ||||||
| 14 | (iii) information concerning a school or | ||||||
| 15 | university's adjudication of student disciplinary | ||||||
| 16 | cases, but only to the extent that disclosure would | ||||||
| 17 | unavoidably reveal the identity of the student; and | ||||||
| 18 | (iv) course materials or research materials used | ||||||
| 19 | by faculty members. | ||||||
| 20 | (k) Architects' plans, engineers' technical | ||||||
| 21 | submissions, and other construction related technical | ||||||
| 22 | documents for projects not constructed or developed in | ||||||
| 23 | whole or in part with public funds and the same for | ||||||
| 24 | projects constructed or developed with public funds, | ||||||
| 25 | including, but not limited to, power generating and | ||||||
| 26 | distribution stations and other transmission and | ||||||
| |||||||
| |||||||
| 1 | distribution facilities, water treatment facilities, | ||||||
| 2 | airport facilities, sport stadiums, convention centers, | ||||||
| 3 | and all government owned, operated, or occupied buildings, | ||||||
| 4 | but only to the extent that disclosure would compromise | ||||||
| 5 | security. | ||||||
| 6 | (l) Minutes of meetings of public bodies closed to the | ||||||
| 7 | public as provided in the Open Meetings Act until the | ||||||
| 8 | public body makes the minutes available to the public | ||||||
| 9 | under Section 2.06 of the Open Meetings Act. | ||||||
| 10 | (m) Communications between a public body and an | ||||||
| 11 | attorney or auditor representing the public body that | ||||||
| 12 | would not be subject to discovery in litigation, and | ||||||
| 13 | materials prepared or compiled by or for a public body in | ||||||
| 14 | anticipation of a criminal, civil, or administrative | ||||||
| 15 | proceeding upon the request of an attorney advising the | ||||||
| 16 | public body, and materials prepared or compiled with | ||||||
| 17 | respect to internal audits of public bodies. | ||||||
| 18 | (n) Records relating to a public body's adjudication | ||||||
| 19 | of employee grievances or disciplinary cases; however, | ||||||
| 20 | this exemption shall not extend to the final outcome of | ||||||
| 21 | cases in which discipline is imposed. | ||||||
| 22 | (o) Administrative or technical information associated | ||||||
| 23 | with automated data processing operations, including, but | ||||||
| 24 | not limited to, software, operating protocols, computer | ||||||
| 25 | program abstracts, file layouts, source listings, object | ||||||
| 26 | modules, load modules, user guides, documentation | ||||||
| |||||||
| |||||||
| 1 | pertaining to all logical and physical design of | ||||||
| 2 | computerized systems, employee manuals, and any other | ||||||
| 3 | information that, if disclosed, would jeopardize the | ||||||
| 4 | security of the system or its data or the security of | ||||||
| 5 | materials exempt under this Section. | ||||||
| 6 | (p) Records relating to collective negotiating matters | ||||||
| 7 | between public bodies and their employees or | ||||||
| 8 | representatives, except that any final contract or | ||||||
| 9 | agreement shall be subject to inspection and copying. | ||||||
| 10 | (q) Test questions, scoring keys, and other | ||||||
| 11 | examination data used to determine the qualifications of | ||||||
| 12 | an applicant for a license or employment. | ||||||
| 13 | (r) The records, documents, and information relating | ||||||
| 14 | to real estate purchase negotiations until those | ||||||
| 15 | negotiations have been completed or otherwise terminated. | ||||||
| 16 | With regard to a parcel involved in a pending or actually | ||||||
| 17 | and reasonably contemplated eminent domain proceeding | ||||||
| 18 | under the Eminent Domain Act, records, documents, and | ||||||
| 19 | information relating to that parcel shall be exempt except | ||||||
| 20 | as may be allowed under discovery rules adopted by the | ||||||
| 21 | Illinois Supreme Court. The records, documents, and | ||||||
| 22 | information relating to a real estate sale shall be exempt | ||||||
| 23 | until a sale is consummated. | ||||||
| 24 | (s) Any and all proprietary information and records | ||||||
| 25 | related to the operation of an intergovernmental risk | ||||||
| 26 | management association or self-insurance pool or jointly | ||||||
| |||||||
| |||||||
| 1 | self-administered health and accident cooperative or pool. | ||||||
| 2 | Insurance or self-insurance (including any | ||||||
| 3 | intergovernmental risk management association or | ||||||
| 4 | self-insurance pool) claims, loss or risk management | ||||||
| 5 | information, records, data, advice, or communications. | ||||||
| 6 | (t) Information contained in or related to | ||||||
| 7 | examination, operating, or condition reports prepared by, | ||||||
| 8 | on behalf of, or for the use of a public body responsible | ||||||
| 9 | for the regulation or supervision of financial | ||||||
| 10 | institutions, insurance companies, or pharmacy benefit | ||||||
| 11 | managers, unless disclosure is otherwise required by State | ||||||
| 12 | law. | ||||||
| 13 | (u) Information that would disclose or might lead to | ||||||
| 14 | the disclosure of secret or confidential information, | ||||||
| 15 | codes, algorithms, programs, or private keys intended to | ||||||
| 16 | be used to create electronic signatures under the Uniform | ||||||
| 17 | Electronic Transactions Act. | ||||||
| 18 | (v) Vulnerability assessments, security measures, and | ||||||
| 19 | response policies or plans that are designed to identify, | ||||||
| 20 | prevent, or respond to potential attacks upon a | ||||||
| 21 | community's population or systems, facilities, or | ||||||
| 22 | installations, but only to the extent that disclosure | ||||||
| 23 | could reasonably be expected to expose the vulnerability | ||||||
| 24 | or jeopardize the effectiveness of the measures, policies, | ||||||
| 25 | or plans, or the safety of the personnel who implement | ||||||
| 26 | them or the public. Information exempt under this item may | ||||||
| |||||||
| |||||||
| 1 | include such things as details pertaining to the | ||||||
| 2 | mobilization or deployment of personnel or equipment, to | ||||||
| 3 | the operation of communication systems or protocols, to | ||||||
| 4 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
| 5 | (w) (Blank). | ||||||
| 6 | (x) Maps and other records regarding the location or | ||||||
| 7 | security of generation, transmission, distribution, | ||||||
| 8 | storage, gathering, treatment, or switching facilities | ||||||
| 9 | owned by a utility, by a power generator, or by the | ||||||
| 10 | Illinois Power Agency. | ||||||
| 11 | (y) Information contained in or related to proposals, | ||||||
| 12 | bids, or negotiations related to electric power | ||||||
| 13 | procurement under Section 1-75 of the Illinois Power | ||||||
| 14 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
| 15 | Act that is determined to be confidential and proprietary | ||||||
| 16 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
| 17 | Commission. | ||||||
| 18 | (z) Information about students exempted from | ||||||
| 19 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
| 20 | School Code, and information about undergraduate students | ||||||
| 21 | enrolled at an institution of higher education exempted | ||||||
| 22 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 23 | Card Marketing Act of 2009. | ||||||
| 24 | (aa) Information the disclosure of which is exempted | ||||||
| 25 | under the Viatical Settlements Act of 2009. | ||||||
| 26 | (bb) Records and information provided to a mortality | ||||||
| |||||||
| |||||||
| 1 | review team and records maintained by a mortality review | ||||||
| 2 | team appointed under the Department of Juvenile Justice | ||||||
| 3 | Mortality Review Team Act. | ||||||
| 4 | (cc) Information regarding interments, entombments, or | ||||||
| 5 | inurnments of human remains that are submitted to the | ||||||
| 6 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 7 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 8 | (dd) Correspondence and records (i) that may not be | ||||||
| 9 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 10 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 11 | the Illinois Public Aid Code. | ||||||
| 12 | (ee) The names, addresses, or other personal | ||||||
| 13 | information of persons who are minors and are also | ||||||
| 14 | participants and registrants in programs of park | ||||||
| 15 | districts, forest preserve districts, conservation | ||||||
| 16 | districts, recreation agencies, and special recreation | ||||||
| 17 | associations. | ||||||
| 18 | (ff) The names, addresses, or other personal | ||||||
| 19 | information of participants and registrants in programs of | ||||||
| 20 | park districts, forest preserve districts, conservation | ||||||
| 21 | districts, recreation agencies, and special recreation | ||||||
| 22 | associations where such programs are targeted primarily to | ||||||
| 23 | minors. | ||||||
| 24 | (gg) Confidential information described in Section | ||||||
| 25 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
| 26 | 2012. | ||||||
| |||||||
| |||||||
| 1 | (hh) The report submitted to the State Board of | ||||||
| 2 | Education by the School Security and Standards Task Force | ||||||
| 3 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
| 4 | School Code and any information contained in that report. | ||||||
| 5 | (ii) Records requested by persons committed to or | ||||||
| 6 | detained by the Department of Human Services under the | ||||||
| 7 | Sexually Violent Persons Commitment Act or committed to | ||||||
| 8 | the Department of Corrections under the Sexually Dangerous | ||||||
| 9 | Persons Act if those materials: (i) are available in the | ||||||
| 10 | library of the facility where the individual is confined; | ||||||
| 11 | (ii) include records from staff members' personnel files, | ||||||
| 12 | staff rosters, or other staffing assignment information; | ||||||
| 13 | or (iii) are available through an administrative request | ||||||
| 14 | to the Department of Human Services or the Department of | ||||||
| 15 | Corrections. | ||||||
| 16 | (jj) Confidential information described in Section | ||||||
| 17 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
| 18 | (kk) The public body's credit card numbers, debit card | ||||||
| 19 | numbers, bank account numbers, Federal Employer | ||||||
| 20 | Identification Number, security code numbers, passwords, | ||||||
| 21 | and similar account information, the disclosure of which | ||||||
| 22 | could result in identity theft or impression or defrauding | ||||||
| 23 | of a governmental entity or a person. | ||||||
| 24 | (ll) Records concerning the work of the threat | ||||||
| 25 | assessment team of a school district, including, but not | ||||||
| 26 | limited to, any threat assessment procedure under the | ||||||
| |||||||
| |||||||
| 1 | School Safety Drill Act and any information contained in | ||||||
| 2 | the procedure. | ||||||
| 3 | (mm) Information prohibited from being disclosed under | ||||||
| 4 | subsections (a) and (b) of Section 15 of the Student | ||||||
| 5 | Confidential Reporting Act. | ||||||
| 6 | (nn) Proprietary information submitted to the | ||||||
| 7 | Environmental Protection Agency under the Drug Take-Back | ||||||
| 8 | Act. | ||||||
| 9 | (oo) Records described in subsection (f) of Section | ||||||
| 10 | 3-5-1 of the Unified Code of Corrections. | ||||||
| 11 | (pp) Any and all information regarding burials, | ||||||
| 12 | interments, or entombments of human remains as required to | ||||||
| 13 | be reported to the Department of Natural Resources | ||||||
| 14 | pursuant either to the Archaeological and Paleontological | ||||||
| 15 | Resources Protection Act or the Human Remains Protection | ||||||
| 16 | Act. | ||||||
| 17 | (qq) Reports described in subsection (e) of Section | ||||||
| 18 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
| 19 | (rr) Information obtained by a certified local health | ||||||
| 20 | department under the Access to Public Health Data Act. | ||||||
| 21 | (ss) For a request directed to a public body that is | ||||||
| 22 | also a HIPAA-covered entity, all information that is | ||||||
| 23 | protected health information, including demographic | ||||||
| 24 | information, that may be contained within or extracted | ||||||
| 25 | from any record held by the public body in compliance with | ||||||
| 26 | State and federal medical privacy laws and regulations, | ||||||
| |||||||
| |||||||
| 1 | including, but not limited to, the Health Insurance | ||||||
| 2 | Portability and Accountability Act and its regulations, 45 | ||||||
| 3 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
| 4 | "HIPAA-covered entity" has the meaning given to the term | ||||||
| 5 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
| 6 | information" has the meaning given to that term in 45 CFR | ||||||
| 7 | 160.103. | ||||||
| 8 | (tt) Proposals or bids submitted by engineering | ||||||
| 9 | consultants in response to requests for proposal or other | ||||||
| 10 | competitive bidding requests by the Department of | ||||||
| 11 | Transportation or the Illinois Toll Highway Authority. | ||||||
| 12 | (1.5) Any information exempt from disclosure under the | ||||||
| 13 | Judicial Privacy Act shall be redacted from public records | ||||||
| 14 | prior to disclosure under this Act. | ||||||
| 15 | (2) A public record that is not in the possession of a | ||||||
| 16 | public body but is in the possession of a party with whom the | ||||||
| 17 | agency has contracted to perform a governmental function on | ||||||
| 18 | behalf of the public body, and that directly relates to the | ||||||
| 19 | governmental function and is not otherwise exempt under this | ||||||
| 20 | Act, shall be considered a public record of the public body, | ||||||
| 21 | for purposes of this Act. | ||||||
| 22 | (3) This Section does not authorize withholding of | ||||||
| 23 | information or limit the availability of records to the | ||||||
| 24 | public, except as stated in this Section or otherwise provided | ||||||
| 25 | in this Act. | ||||||
| 26 | (Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21; | ||||||
| |||||||
| |||||||
| 1 | 102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff. | ||||||
| 2 | 1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982, | ||||||
| 3 | eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23; | ||||||
| 4 | 103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff. | ||||||
| 5 | 8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; 103-605, | ||||||
| 6 | eff. 7-1-24; 103-865, eff. 1-1-25.) | ||||||
| 7 | (Text of Section after amendment by P.A. 104-300) | ||||||
| 8 | Sec. 7. Exemptions. | ||||||
| 9 | (1) When a request is made to inspect or copy a public | ||||||
| 10 | record that contains information that is exempt from | ||||||
| 11 | disclosure under this Section, but also contains information | ||||||
| 12 | that is not exempt from disclosure, the public body may elect | ||||||
| 13 | to redact the information that is exempt. The public body | ||||||
| 14 | shall make the remaining information available for inspection | ||||||
| 15 | and copying. Subject to this requirement, the following shall | ||||||
| 16 | be exempt from inspection and copying: | ||||||
| 17 | (a) Records created or compiled by a State public | ||||||
| 18 | defender agency or commission subject to the State Public | ||||||
| 19 | Defender Act that contain: individual client identity; | ||||||
| 20 | individual case file information; individual investigation | ||||||
| 21 | records and other records that are otherwise subject to | ||||||
| 22 | attorney-client privilege; records that would not be | ||||||
| 23 | discoverable in litigation; records under Section 2.15; | ||||||
| 24 | training materials; records related to attorney | ||||||
| 25 | consultation and representation strategy; or any of the | ||||||
| |||||||
| |||||||
| 1 | above concerning clients of county public defenders or | ||||||
| 2 | other defender agencies and firms. This exclusion does not | ||||||
| 3 | apply to deidentified, aggregated, administrative records, | ||||||
| 4 | such as general case processing and workload information. | ||||||
| 5 | (a-5) Information specifically prohibited from | ||||||
| 6 | disclosure by federal or State law or rules and | ||||||
| 7 | regulations implementing federal or State law. | ||||||
| 8 | (b) Private information, unless disclosure is required | ||||||
| 9 | by another provision of this Act, a State or federal law, | ||||||
| 10 | or a court order. | ||||||
| 11 | (b-5) Files, documents, and other data or databases | ||||||
| 12 | maintained by one or more law enforcement agencies and | ||||||
| 13 | specifically designed to provide information to one or | ||||||
| 14 | more law enforcement agencies regarding the physical or | ||||||
| 15 | mental status of one or more individual subjects. | ||||||
| 16 | (c) Personal information contained within public | ||||||
| 17 | records, the disclosure of which would constitute a | ||||||
| 18 | clearly unwarranted invasion of personal privacy, unless | ||||||
| 19 | the disclosure is consented to in writing by the | ||||||
| 20 | individual subjects of the information. "Unwarranted | ||||||
| 21 | invasion of personal privacy" means the disclosure of | ||||||
| 22 | information that is highly personal or objectionable to a | ||||||
| 23 | reasonable person and in which the subject's right to | ||||||
| 24 | privacy outweighs any legitimate public interest in | ||||||
| 25 | obtaining the information. The disclosure of information | ||||||
| 26 | that bears on the public duties of public employees and | ||||||
| |||||||
| |||||||
| 1 | officials shall not be considered an invasion of personal | ||||||
| 2 | privacy. | ||||||
| 3 | (d) Records in the possession of any public body | ||||||
| 4 | created in the course of administrative enforcement | ||||||
| 5 | proceedings, and any law enforcement or correctional | ||||||
| 6 | agency for law enforcement purposes, but only to the | ||||||
| 7 | extent that disclosure would: | ||||||
| 8 | (i) interfere with pending or actually and | ||||||
| 9 | reasonably contemplated law enforcement proceedings | ||||||
| 10 | conducted by any law enforcement or correctional | ||||||
| 11 | agency that is the recipient of the request; | ||||||
| 12 | (ii) interfere with active administrative | ||||||
| 13 | enforcement proceedings conducted by the public body | ||||||
| 14 | that is the recipient of the request; | ||||||
| 15 | (iii) create a substantial likelihood that a | ||||||
| 16 | person will be deprived of a fair trial or an impartial | ||||||
| 17 | hearing; | ||||||
| 18 | (iv) unavoidably disclose the identity of a | ||||||
| 19 | confidential source, confidential information | ||||||
| 20 | furnished only by the confidential source, or persons | ||||||
| 21 | who file complaints with or provide information to | ||||||
| 22 | administrative, investigative, law enforcement, or | ||||||
| 23 | penal agencies; except that the identities of | ||||||
| 24 | witnesses to traffic crashes, traffic crash reports, | ||||||
| 25 | and rescue reports shall be provided by agencies of | ||||||
| 26 | local government, except when disclosure would | ||||||
| |||||||
| |||||||
| 1 | interfere with an active criminal investigation | ||||||
| 2 | conducted by the agency that is the recipient of the | ||||||
| 3 | request; | ||||||
| 4 | (v) disclose unique or specialized investigative | ||||||
| 5 | techniques other than those generally used and known | ||||||
| 6 | or disclose internal documents of correctional | ||||||
| 7 | agencies related to detection, observation, or | ||||||
| 8 | investigation of incidents of crime or misconduct, and | ||||||
| 9 | disclosure would result in demonstrable harm to the | ||||||
| 10 | agency or public body that is the recipient of the | ||||||
| 11 | request; | ||||||
| 12 | (vi) endanger the life or physical safety of law | ||||||
| 13 | enforcement personnel or any other person; or | ||||||
| 14 | (vii) obstruct an ongoing criminal investigation | ||||||
| 15 | by the agency that is the recipient of the request. | ||||||
| 16 | (d-5) A law enforcement record created for law | ||||||
| 17 | enforcement purposes and contained in a shared electronic | ||||||
| 18 | record management system if the law enforcement agency | ||||||
| 19 | that is the recipient of the request did not create the | ||||||
| 20 | record, did not participate in or have a role in any of the | ||||||
| 21 | events which are the subject of the record, and only has | ||||||
| 22 | access to the record through the shared electronic record | ||||||
| 23 | management system. | ||||||
| 24 | (d-6) (Blank). Records contained in the Officer | ||||||
| 25 | Professional Conduct Database under Section 9.2 of the | ||||||
| 26 | Illinois Police Training Act, except to the extent | ||||||
| |||||||
| |||||||
| 1 | authorized under that Section. This includes the documents | ||||||
| 2 | supplied to the Illinois Law Enforcement Training | ||||||
| 3 | Standards Board from the Illinois State Police and | ||||||
| 4 | Illinois State Police Merit Board. | ||||||
| 5 | (d-7) Information gathered or records created from the | ||||||
| 6 | use of automatic license plate readers in connection with | ||||||
| 7 | Section 2-130 of the Illinois Vehicle Code. | ||||||
| 8 | (e) Records that relate to or affect the security of | ||||||
| 9 | correctional institutions and detention facilities. | ||||||
| 10 | (e-5) Records requested by persons committed to the | ||||||
| 11 | Department of Corrections, Department of Human Services | ||||||
| 12 | Division of Mental Health, or a county jail if those | ||||||
| 13 | materials are available in the library of the correctional | ||||||
| 14 | institution or facility or jail where the inmate is | ||||||
| 15 | confined. | ||||||
| 16 | (e-6) Records requested by persons committed to the | ||||||
| 17 | Department of Corrections, Department of Human Services | ||||||
| 18 | Division of Mental Health, or a county jail if those | ||||||
| 19 | materials include records from staff members' personnel | ||||||
| 20 | files, staff rosters, or other staffing assignment | ||||||
| 21 | information. | ||||||
| 22 | (e-7) Records requested by persons committed to the | ||||||
| 23 | Department of Corrections or Department of Human Services | ||||||
| 24 | Division of Mental Health if those materials are available | ||||||
| 25 | through an administrative request to the Department of | ||||||
| 26 | Corrections or Department of Human Services Division of | ||||||
| |||||||
| |||||||
| 1 | Mental Health. | ||||||
| 2 | (e-8) Records requested by a person committed to the | ||||||
| 3 | Department of Corrections, Department of Human Services | ||||||
| 4 | Division of Mental Health, or a county jail, the | ||||||
| 5 | disclosure of which would result in the risk of harm to any | ||||||
| 6 | person or the risk of an escape from a jail or correctional | ||||||
| 7 | institution or facility. | ||||||
| 8 | (e-9) Records requested by a person in a county jail | ||||||
| 9 | or committed to the Department of Corrections or | ||||||
| 10 | Department of Human Services Division of Mental Health, | ||||||
| 11 | containing personal information pertaining to the person's | ||||||
| 12 | victim or the victim's family, including, but not limited | ||||||
| 13 | to, a victim's home address, home telephone number, work | ||||||
| 14 | or school address, work telephone number, social security | ||||||
| 15 | number, or any other identifying information, except as | ||||||
| 16 | may be relevant to a requester's current or potential case | ||||||
| 17 | or claim. | ||||||
| 18 | (e-10) Law enforcement records of other persons | ||||||
| 19 | requested by a person committed to the Department of | ||||||
| 20 | Corrections, Department of Human Services Division of | ||||||
| 21 | Mental Health, or a county jail, including, but not | ||||||
| 22 | limited to, arrest and booking records, mug shots, and | ||||||
| 23 | crime scene photographs, except as these records may be | ||||||
| 24 | relevant to the requester's current or potential case or | ||||||
| 25 | claim. | ||||||
| 26 | (f) Preliminary drafts, notes, recommendations, | ||||||
| |||||||
| |||||||
| 1 | memoranda, and other records in which opinions are | ||||||
| 2 | expressed, or policies or actions are formulated, except | ||||||
| 3 | that a specific record or relevant portion of a record | ||||||
| 4 | shall not be exempt when the record is publicly cited and | ||||||
| 5 | identified by the head of the public body. The exemption | ||||||
| 6 | provided in this paragraph (f) extends to all those | ||||||
| 7 | records of officers and agencies of the General Assembly | ||||||
| 8 | that pertain to the preparation of legislative documents. | ||||||
| 9 | (g) Trade secrets and commercial or financial | ||||||
| 10 | information obtained from a person or business where the | ||||||
| 11 | trade secrets or commercial or financial information are | ||||||
| 12 | furnished under a claim that they are proprietary, | ||||||
| 13 | privileged, or confidential, and that disclosure of the | ||||||
| 14 | trade secrets or commercial or financial information would | ||||||
| 15 | cause competitive harm to the person or business, and only | ||||||
| 16 | insofar as the claim directly applies to the records | ||||||
| 17 | requested. | ||||||
| 18 | The information included under this exemption includes | ||||||
| 19 | all trade secrets and commercial or financial information | ||||||
| 20 | obtained by a public body, including a public pension | ||||||
| 21 | fund, from a private equity fund or a privately held | ||||||
| 22 | company within the investment portfolio of a private | ||||||
| 23 | equity fund as a result of either investing or evaluating | ||||||
| 24 | a potential investment of public funds in a private equity | ||||||
| 25 | fund. The exemption contained in this item does not apply | ||||||
| 26 | to the aggregate financial performance information of a | ||||||
| |||||||
| |||||||
| 1 | private equity fund, nor to the identity of the fund's | ||||||
| 2 | managers or general partners. The exemption contained in | ||||||
| 3 | this item does not apply to the identity of a privately | ||||||
| 4 | held company within the investment portfolio of a private | ||||||
| 5 | equity fund, unless the disclosure of the identity of a | ||||||
| 6 | privately held company may cause competitive harm. | ||||||
| 7 | Nothing contained in this paragraph (g) shall be | ||||||
| 8 | construed to prevent a person or business from consenting | ||||||
| 9 | to disclosure. | ||||||
| 10 | (h) Proposals and bids for any contract, grant, or | ||||||
| 11 | agreement, including information which if it were | ||||||
| 12 | disclosed would frustrate procurement or give an advantage | ||||||
| 13 | to any person proposing to enter into a contractor | ||||||
| 14 | agreement with the body, until an award or final selection | ||||||
| 15 | is made. Information prepared by or for the body in | ||||||
| 16 | preparation of a bid solicitation shall be exempt until an | ||||||
| 17 | award or final selection is made. | ||||||
| 18 | (i) Valuable formulae, computer geographic systems, | ||||||
| 19 | designs, drawings, and research data obtained or produced | ||||||
| 20 | by any public body when disclosure could reasonably be | ||||||
| 21 | expected to produce private gain or public loss. The | ||||||
| 22 | exemption for "computer geographic systems" provided in | ||||||
| 23 | this paragraph (i) does not extend to requests made by | ||||||
| 24 | news media as defined in Section 2 of this Act when the | ||||||
| 25 | requested information is not otherwise exempt and the only | ||||||
| 26 | purpose of the request is to access and disseminate | ||||||
| |||||||
| |||||||
| 1 | information regarding the health, safety, welfare, or | ||||||
| 2 | legal rights of the general public. | ||||||
| 3 | (j) The following information pertaining to | ||||||
| 4 | educational matters: | ||||||
| 5 | (i) test questions, scoring keys, and other | ||||||
| 6 | examination data used to administer an academic | ||||||
| 7 | examination; | ||||||
| 8 | (ii) information received by a primary or | ||||||
| 9 | secondary school, college, or university under its | ||||||
| 10 | procedures for the evaluation of faculty members by | ||||||
| 11 | their academic peers; | ||||||
| 12 | (iii) information concerning a school or | ||||||
| 13 | university's adjudication of student disciplinary | ||||||
| 14 | cases, but only to the extent that disclosure would | ||||||
| 15 | unavoidably reveal the identity of the student; and | ||||||
| 16 | (iv) course materials or research materials used | ||||||
| 17 | by faculty members. | ||||||
| 18 | (k) Architects' plans, engineers' technical | ||||||
| 19 | submissions, and other construction related technical | ||||||
| 20 | documents for projects not constructed or developed in | ||||||
| 21 | whole or in part with public funds and the same for | ||||||
| 22 | projects constructed or developed with public funds, | ||||||
| 23 | including, but not limited to, power generating and | ||||||
| 24 | distribution stations and other transmission and | ||||||
| 25 | distribution facilities, water treatment facilities, | ||||||
| 26 | airport facilities, sport stadiums, convention centers, | ||||||
| |||||||
| |||||||
| 1 | and all government owned, operated, or occupied buildings, | ||||||
| 2 | but only to the extent that disclosure would compromise | ||||||
| 3 | security. | ||||||
| 4 | (l) Minutes of meetings of public bodies closed to the | ||||||
| 5 | public as provided in the Open Meetings Act until the | ||||||
| 6 | public body makes the minutes available to the public | ||||||
| 7 | under Section 2.06 of the Open Meetings Act. | ||||||
| 8 | (m) Communications between a public body and an | ||||||
| 9 | attorney or auditor representing the public body that | ||||||
| 10 | would not be subject to discovery in litigation, and | ||||||
| 11 | materials prepared or compiled by or for a public body in | ||||||
| 12 | anticipation of a criminal, civil, or administrative | ||||||
| 13 | proceeding upon the request of an attorney advising the | ||||||
| 14 | public body, and materials prepared or compiled with | ||||||
| 15 | respect to internal audits of public bodies. | ||||||
| 16 | (n) Records relating to a public body's adjudication | ||||||
| 17 | of employee grievances or disciplinary cases; however, | ||||||
| 18 | this exemption shall not extend to the final outcome of | ||||||
| 19 | cases in which discipline is imposed. | ||||||
| 20 | (o) Administrative or technical information associated | ||||||
| 21 | with automated data processing operations, including, but | ||||||
| 22 | not limited to, software, operating protocols, computer | ||||||
| 23 | program abstracts, file layouts, source listings, object | ||||||
| 24 | modules, load modules, user guides, documentation | ||||||
| 25 | pertaining to all logical and physical design of | ||||||
| 26 | computerized systems, employee manuals, and any other | ||||||
| |||||||
| |||||||
| 1 | information that, if disclosed, would jeopardize the | ||||||
| 2 | security of the system or its data or the security of | ||||||
| 3 | materials exempt under this Section. | ||||||
| 4 | (p) Records relating to collective negotiating matters | ||||||
| 5 | between public bodies and their employees or | ||||||
| 6 | representatives, except that any final contract or | ||||||
| 7 | agreement shall be subject to inspection and copying. | ||||||
| 8 | (q) Test questions, scoring keys, and other | ||||||
| 9 | examination data used to determine the qualifications of | ||||||
| 10 | an applicant for a license or employment. | ||||||
| 11 | (r) The records, documents, and information relating | ||||||
| 12 | to real estate purchase negotiations until those | ||||||
| 13 | negotiations have been completed or otherwise terminated. | ||||||
| 14 | With regard to a parcel involved in a pending or actually | ||||||
| 15 | and reasonably contemplated eminent domain proceeding | ||||||
| 16 | under the Eminent Domain Act, records, documents, and | ||||||
| 17 | information relating to that parcel shall be exempt except | ||||||
| 18 | as may be allowed under discovery rules adopted by the | ||||||
| 19 | Illinois Supreme Court. The records, documents, and | ||||||
| 20 | information relating to a real estate sale shall be exempt | ||||||
| 21 | until a sale is consummated. | ||||||
| 22 | (s) Any and all proprietary information and records | ||||||
| 23 | related to the operation of an intergovernmental risk | ||||||
| 24 | management association or self-insurance pool or jointly | ||||||
| 25 | self-administered health and accident cooperative or pool. | ||||||
| 26 | Insurance or self-insurance (including any | ||||||
| |||||||
| |||||||
| 1 | intergovernmental risk management association or | ||||||
| 2 | self-insurance pool) claims, loss or risk management | ||||||
| 3 | information, records, data, advice, or communications. | ||||||
| 4 | (t) Information contained in or related to | ||||||
| 5 | examination, operating, or condition reports prepared by, | ||||||
| 6 | on behalf of, or for the use of a public body responsible | ||||||
| 7 | for the regulation or supervision of financial | ||||||
| 8 | institutions, insurance companies, or pharmacy benefit | ||||||
| 9 | managers, unless disclosure is otherwise required by State | ||||||
| 10 | law. | ||||||
| 11 | (u) Information that would disclose or might lead to | ||||||
| 12 | the disclosure of secret or confidential information, | ||||||
| 13 | codes, algorithms, programs, or private keys intended to | ||||||
| 14 | be used to create electronic signatures under the Uniform | ||||||
| 15 | Electronic Transactions Act. | ||||||
| 16 | (v) Vulnerability assessments, security measures, and | ||||||
| 17 | response policies or plans that are designed to identify, | ||||||
| 18 | prevent, or respond to potential attacks upon a | ||||||
| 19 | community's population or systems, facilities, or | ||||||
| 20 | installations, but only to the extent that disclosure | ||||||
| 21 | could reasonably be expected to expose the vulnerability | ||||||
| 22 | or jeopardize the effectiveness of the measures, policies, | ||||||
| 23 | or plans, or the safety of the personnel who implement | ||||||
| 24 | them or the public. Information exempt under this item may | ||||||
| 25 | include such things as details pertaining to the | ||||||
| 26 | mobilization or deployment of personnel or equipment, to | ||||||
| |||||||
| |||||||
| 1 | the operation of communication systems or protocols, to | ||||||
| 2 | cybersecurity vulnerabilities, or to tactical operations. | ||||||
| 3 | (w) (Blank). | ||||||
| 4 | (x) Maps and other records regarding the location or | ||||||
| 5 | security of generation, transmission, distribution, | ||||||
| 6 | storage, gathering, treatment, or switching facilities | ||||||
| 7 | owned by a utility, by a power generator, or by the | ||||||
| 8 | Illinois Power Agency. | ||||||
| 9 | (y) Information contained in or related to proposals, | ||||||
| 10 | bids, or negotiations related to electric power | ||||||
| 11 | procurement under Section 1-75 of the Illinois Power | ||||||
| 12 | Agency Act and Section 16-111.5 of the Public Utilities | ||||||
| 13 | Act that is determined to be confidential and proprietary | ||||||
| 14 | by the Illinois Power Agency or by the Illinois Commerce | ||||||
| 15 | Commission. | ||||||
| 16 | (z) Information about students exempted from | ||||||
| 17 | disclosure under Section 10-20.38 or 34-18.29 of the | ||||||
| 18 | School Code, and information about undergraduate students | ||||||
| 19 | enrolled at an institution of higher education exempted | ||||||
| 20 | from disclosure under Section 25 of the Illinois Credit | ||||||
| 21 | Card Marketing Act of 2009. | ||||||
| 22 | (aa) Information the disclosure of which is exempted | ||||||
| 23 | under the Viatical Settlements Act of 2009. | ||||||
| 24 | (bb) Records and information provided to a mortality | ||||||
| 25 | review team and records maintained by a mortality review | ||||||
| 26 | team appointed under the Department of Juvenile Justice | ||||||
| |||||||
| |||||||
| 1 | Mortality Review Team Act. | ||||||
| 2 | (cc) Information regarding interments, entombments, or | ||||||
| 3 | inurnments of human remains that are submitted to the | ||||||
| 4 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
| 5 | the Cemetery Oversight Act, whichever is applicable. | ||||||
| 6 | (dd) Correspondence and records (i) that may not be | ||||||
| 7 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
| 8 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
| 9 | the Illinois Public Aid Code. | ||||||
| 10 | (ee) The names, addresses, or other personal | ||||||
| 11 | information of persons who are minors and are also | ||||||
| 12 | participants and registrants in programs of park | ||||||
| 13 | districts, forest preserve districts, conservation | ||||||
| 14 | districts, recreation agencies, and special recreation | ||||||
| 15 | associations. | ||||||
| 16 | (ff) The names, addresses, or other personal | ||||||
| 17 | information of participants and registrants in programs of | ||||||
| 18 | park districts, forest preserve districts, conservation | ||||||
| 19 | districts, recreation agencies, and special recreation | ||||||
| 20 | associations where such programs are targeted primarily to | ||||||
| 21 | minors. | ||||||
| 22 | (gg) Confidential information described in Section | ||||||
| 23 | 1-100 of the Illinois Independent Tax Tribunal Act of | ||||||
| 24 | 2012. | ||||||
| 25 | (hh) The report submitted to the State Board of | ||||||
| 26 | Education by the School Security and Standards Task Force | ||||||
| |||||||
| |||||||
| 1 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
| 2 | School Code and any information contained in that report. | ||||||
| 3 | (ii) Records requested by persons committed to or | ||||||
| 4 | detained by the Department of Human Services under the | ||||||
| 5 | Sexually Violent Persons Commitment Act or committed to | ||||||
| 6 | the Department of Corrections under the Sexually Dangerous | ||||||
| 7 | Persons Act if those materials: (i) are available in the | ||||||
| 8 | library of the facility where the individual is confined; | ||||||
| 9 | (ii) include records from staff members' personnel files, | ||||||
| 10 | staff rosters, or other staffing assignment information; | ||||||
| 11 | or (iii) are available through an administrative request | ||||||
| 12 | to the Department of Human Services or the Department of | ||||||
| 13 | Corrections. | ||||||
| 14 | (jj) Confidential information described in Section | ||||||
| 15 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
| 16 | (kk) The public body's credit card numbers, debit card | ||||||
| 17 | numbers, bank account numbers, Federal Employer | ||||||
| 18 | Identification Number, security code numbers, passwords, | ||||||
| 19 | and similar account information, the disclosure of which | ||||||
| 20 | could result in identity theft or impression or defrauding | ||||||
| 21 | of a governmental entity or a person. | ||||||
| 22 | (ll) Records concerning the work of the threat | ||||||
| 23 | assessment team of a school district, including, but not | ||||||
| 24 | limited to, any threat assessment procedure under the | ||||||
| 25 | School Safety Drill Act and any information contained in | ||||||
| 26 | the procedure. | ||||||
| |||||||
| |||||||
| 1 | (mm) Information prohibited from being disclosed under | ||||||
| 2 | subsections (a) and (b) of Section 15 of the Student | ||||||
| 3 | Confidential Reporting Act. | ||||||
| 4 | (nn) Proprietary information submitted to the | ||||||
| 5 | Environmental Protection Agency under the Drug Take-Back | ||||||
| 6 | Act. | ||||||
| 7 | (oo) Records described in subsection (f) of Section | ||||||
| 8 | 3-5-1 of the Unified Code of Corrections. | ||||||
| 9 | (pp) Any and all information regarding burials, | ||||||
| 10 | interments, or entombments of human remains as required to | ||||||
| 11 | be reported to the Department of Natural Resources | ||||||
| 12 | pursuant either to the Archaeological and Paleontological | ||||||
| 13 | Resources Protection Act or the Human Remains Protection | ||||||
| 14 | Act. | ||||||
| 15 | (qq) Reports described in subsection (e) of Section | ||||||
| 16 | 16-15 of the Abortion Care Clinical Training Program Act. | ||||||
| 17 | (rr) Information obtained by a certified local health | ||||||
| 18 | department under the Access to Public Health Data Act. | ||||||
| 19 | (ss) For a request directed to a public body that is | ||||||
| 20 | also a HIPAA-covered entity, all information that is | ||||||
| 21 | protected health information, including demographic | ||||||
| 22 | information, that may be contained within or extracted | ||||||
| 23 | from any record held by the public body in compliance with | ||||||
| 24 | State and federal medical privacy laws and regulations, | ||||||
| 25 | including, but not limited to, the Health Insurance | ||||||
| 26 | Portability and Accountability Act and its regulations, 45 | ||||||
| |||||||
| |||||||
| 1 | CFR Parts 160 and 164. As used in this paragraph, | ||||||
| 2 | "HIPAA-covered entity" has the meaning given to the term | ||||||
| 3 | "covered entity" in 45 CFR 160.103 and "protected health | ||||||
| 4 | information" has the meaning given to that term in 45 CFR | ||||||
| 5 | 160.103. | ||||||
| 6 | (tt) Proposals or bids submitted by engineering | ||||||
| 7 | consultants in response to requests for proposal or other | ||||||
| 8 | competitive bidding requests by the Department of | ||||||
| 9 | Transportation or the Illinois Toll Highway Authority. | ||||||
| 10 | (1.5) Any information exempt from disclosure under the | ||||||
| 11 | Judicial Privacy Act shall be redacted from public records | ||||||
| 12 | prior to disclosure under this Act. | ||||||
| 13 | (2) A public record that is not in the possession of a | ||||||
| 14 | public body but is in the possession of a party with whom the | ||||||
| 15 | agency has contracted to perform a governmental function on | ||||||
| 16 | behalf of the public body, and that directly relates to the | ||||||
| 17 | governmental function and is not otherwise exempt under this | ||||||
| 18 | Act, shall be considered a public record of the public body, | ||||||
| 19 | for purposes of this Act. | ||||||
| 20 | (3) This Section does not authorize withholding of | ||||||
| 21 | information or limit the availability of records to the | ||||||
| 22 | public, except as stated in this Section or otherwise provided | ||||||
| 23 | in this Act. | ||||||
| 24 | (Source: P.A. 103-154, eff. 6-30-23; 103-423, eff. 1-1-24; | ||||||
| 25 | 103-446, eff. 8-4-23; 103-462, eff. 8-4-23; 103-540, eff. | ||||||
| 26 | 1-1-24; 103-554, eff. 1-1-24; 103-605, eff. 7-1-24; 103-865, | ||||||
| |||||||
| |||||||
| 1 | eff. 1-1-25; 104-300, eff. 1-1-27.) | ||||||
| 2 | (5 ILCS 140/7.5) | ||||||
| 3 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
| 4 | by the statutes referenced below, the following shall be | ||||||
| 5 | exempt from inspection and copying: | ||||||
| 6 | (a) All information determined to be confidential | ||||||
| 7 | under Section 4002 of the Technology Advancement and | ||||||
| 8 | Development Act. | ||||||
| 9 | (b) Library circulation and order records identifying | ||||||
| 10 | library users with specific materials under the Library | ||||||
| 11 | Records Confidentiality Act. | ||||||
| 12 | (c) Applications, related documents, and medical | ||||||
| 13 | records received by the Experimental Organ Transplantation | ||||||
| 14 | Procedures Board and any and all documents or other | ||||||
| 15 | records prepared by the Experimental Organ Transplantation | ||||||
| 16 | Procedures Board or its staff relating to applications it | ||||||
| 17 | has received. | ||||||
| 18 | (d) Information and records held by the Department of | ||||||
| 19 | Public Health and its authorized representatives relating | ||||||
| 20 | to known or suspected cases of sexually transmitted | ||||||
| 21 | infection or any information the disclosure of which is | ||||||
| 22 | restricted under the Illinois Sexually Transmitted | ||||||
| 23 | Infection Control Act. | ||||||
| 24 | (e) Information the disclosure of which is exempted | ||||||
| 25 | under Section 30 of the Radon Industry Licensing Act. | ||||||
| |||||||
| |||||||
| 1 | (f) Firm performance evaluations under Section 55 of | ||||||
| 2 | the Architectural, Engineering, and Land Surveying | ||||||
| 3 | Qualifications Based Selection Act. | ||||||
| 4 | (g) Information the disclosure of which is restricted | ||||||
| 5 | and exempted under Section 50 of the Illinois Prepaid | ||||||
| 6 | Tuition Act. | ||||||
| 7 | (h) Information the disclosure of which is exempted | ||||||
| 8 | under the State Officials and Employees Ethics Act, and | ||||||
| 9 | records of any lawfully created State or local inspector | ||||||
| 10 | general's office that would be exempt if created or | ||||||
| 11 | obtained by an Executive Inspector General's office under | ||||||
| 12 | that Act. | ||||||
| 13 | (i) Information contained in a local emergency energy | ||||||
| 14 | plan submitted to a municipality in accordance with a | ||||||
| 15 | local emergency energy plan ordinance that is adopted | ||||||
| 16 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
| 17 | (j) Information and data concerning the distribution | ||||||
| 18 | of surcharge moneys collected and remitted by carriers | ||||||
| 19 | under the Emergency Telephone System Act. | ||||||
| 20 | (k) Law enforcement officer identification information | ||||||
| 21 | or driver identification information compiled by a law | ||||||
| 22 | enforcement agency or the Department of Transportation | ||||||
| 23 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
| 24 | (l) Records and information provided to a residential | ||||||
| 25 | health care facility resident sexual assault and death | ||||||
| 26 | review team or the Executive Council under the Abuse | ||||||
| |||||||
| |||||||
| 1 | Prevention Review Team Act. | ||||||
| 2 | (m) Information provided to the predatory lending | ||||||
| 3 | database created pursuant to Article 3 of the Residential | ||||||
| 4 | Real Property Disclosure Act, except to the extent | ||||||
| 5 | authorized under that Article. | ||||||
| 6 | (n) Defense budgets and petitions for certification of | ||||||
| 7 | compensation and expenses for court appointed trial | ||||||
| 8 | counsel as provided under Sections 10 and 15 of the | ||||||
| 9 | Capital Crimes Litigation Act (repealed). This subsection | ||||||
| 10 | (n) shall apply until the conclusion of the trial of the | ||||||
| 11 | case, even if the prosecution chooses not to pursue the | ||||||
| 12 | death penalty prior to trial or sentencing. | ||||||
| 13 | (o) Information that is prohibited from being | ||||||
| 14 | disclosed under Section 4 of the Illinois Health and | ||||||
| 15 | Hazardous Substances Registry Act. | ||||||
| 16 | (p) Security portions of system safety program plans, | ||||||
| 17 | investigation reports, surveys, schedules, lists, data, or | ||||||
| 18 | information compiled, collected, or prepared by or for the | ||||||
| 19 | Department of Transportation under Sections 2705-300 and | ||||||
| 20 | 2705-616 of the Department of Transportation Law of the | ||||||
| 21 | Civil Administrative Code of Illinois, the Regional | ||||||
| 22 | Transportation Authority under Section 2.11 of the | ||||||
| 23 | Regional Transportation Authority Act, or the St. Clair | ||||||
| 24 | County Transit District under the Bi-State Transit Safety | ||||||
| 25 | Act (repealed). | ||||||
| 26 | (q) Information prohibited from being disclosed by the | ||||||
| |||||||
| |||||||
| 1 | Personnel Record Review Act. | ||||||
| 2 | (r) Information prohibited from being disclosed by the | ||||||
| 3 | Illinois School Student Records Act. | ||||||
| 4 | (s) Information the disclosure of which is restricted | ||||||
| 5 | under Section 5-108 of the Public Utilities Act. | ||||||
| 6 | (t) (Blank). | ||||||
| 7 | (u) Records and information provided to an independent | ||||||
| 8 | team of experts under the Developmental Disability and | ||||||
| 9 | Mental Health Safety Act (also known as Brian's Law). | ||||||
| 10 | (v) Names and information of people who have applied | ||||||
| 11 | for or received Firearm Owner's Identification Cards under | ||||||
| 12 | the Firearm Owners Identification Card Act or applied for | ||||||
| 13 | or received a concealed carry license under the Firearm | ||||||
| 14 | Concealed Carry Act, unless otherwise authorized by the | ||||||
| 15 | Firearm Concealed Carry Act; and databases under the | ||||||
| 16 | Firearm Concealed Carry Act, records of the Concealed | ||||||
| 17 | Carry Licensing Review Board under the Firearm Concealed | ||||||
| 18 | Carry Act, and law enforcement agency objections under the | ||||||
| 19 | Firearm Concealed Carry Act. | ||||||
| 20 | (v-5) Records of the Firearm Owner's Identification | ||||||
| 21 | Card Review Board that are exempted from disclosure under | ||||||
| 22 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
| 23 | (w) Personally identifiable information which is | ||||||
| 24 | exempted from disclosure under subsection (g) of Section | ||||||
| 25 | 19.1 of the Toll Highway Act. | ||||||
| 26 | (x) Information which is exempted from disclosure | ||||||
| |||||||
| |||||||
| 1 | under Section 5-1014.3 of the Counties Code or Section | ||||||
| 2 | 8-11-21 of the Illinois Municipal Code. | ||||||
| 3 | (y) Confidential information under the Adult | ||||||
| 4 | Protective Services Act and its predecessor enabling | ||||||
| 5 | statute, the Elder Abuse and Neglect Act, including | ||||||
| 6 | information about the identity and administrative finding | ||||||
| 7 | against any caregiver of a verified and substantiated | ||||||
| 8 | decision of abuse, neglect, or financial exploitation of | ||||||
| 9 | an eligible adult maintained in the Registry established | ||||||
| 10 | under Section 7.5 of the Adult Protective Services Act. | ||||||
| 11 | (z) Records and information provided to a fatality | ||||||
| 12 | review team or the Illinois Fatality Review Team Advisory | ||||||
| 13 | Council under Section 15 of the Adult Protective Services | ||||||
| 14 | Act. | ||||||
| 15 | (aa) Information which is exempted from disclosure | ||||||
| 16 | under Section 2.37 of the Wildlife Code. | ||||||
| 17 | (bb) Information which is or was prohibited from | ||||||
| 18 | disclosure by the Juvenile Court Act of 1987. | ||||||
| 19 | (cc) Recordings made under the Law Enforcement | ||||||
| 20 | Officer-Worn Body Camera Act, except to the extent | ||||||
| 21 | authorized under that Act. | ||||||
| 22 | (dd) Information that is prohibited from being | ||||||
| 23 | disclosed under Section 45 of the Condominium and Common | ||||||
| 24 | Interest Community Ombudsperson Act. | ||||||
| 25 | (ee) Information that is exempted from disclosure | ||||||
| 26 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
| |||||||
| |||||||
| 1 | (ff) Information that is exempted from disclosure | ||||||
| 2 | under the Revised Uniform Unclaimed Property Act. | ||||||
| 3 | (gg) Information that is prohibited from being | ||||||
| 4 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
| 5 | Code. | ||||||
| 6 | (hh) Records that are exempt from disclosure under | ||||||
| 7 | Section 1A-16.7 of the Election Code. | ||||||
| 8 | (ii) Information which is exempted from disclosure | ||||||
| 9 | under Section 2505-800 of the Department of Revenue Law of | ||||||
| 10 | the Civil Administrative Code of Illinois. | ||||||
| 11 | (jj) Information and reports that are required to be | ||||||
| 12 | submitted to the Department of Labor by registering day | ||||||
| 13 | and temporary labor service agencies but are exempt from | ||||||
| 14 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
| 15 | and Temporary Labor Services Act. | ||||||
| 16 | (kk) Information prohibited from disclosure under the | ||||||
| 17 | Seizure and Forfeiture Reporting Act. | ||||||
| 18 | (ll) Information the disclosure of which is restricted | ||||||
| 19 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
| 20 | Aid Code. | ||||||
| 21 | (mm) Records that are exempt from disclosure under | ||||||
| 22 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
| 23 | (nn) Information that is exempt from disclosure under | ||||||
| 24 | Section 70 of the Higher Education Student Assistance Act. | ||||||
| 25 | (oo) Communications, notes, records, and reports | ||||||
| 26 | arising out of a peer support counseling session | ||||||
| |||||||
| |||||||
| 1 | prohibited from disclosure under the First Responders | ||||||
| 2 | Suicide Prevention Act. | ||||||
| 3 | (pp) Names and all identifying information relating to | ||||||
| 4 | an employee of an emergency services provider or law | ||||||
| 5 | enforcement agency under the First Responders Suicide | ||||||
| 6 | Prevention Act. | ||||||
| 7 | (qq) Information and records held by the Department of | ||||||
| 8 | Public Health and its authorized representatives collected | ||||||
| 9 | under the Reproductive Health Act. | ||||||
| 10 | (rr) Information that is exempt from disclosure under | ||||||
| 11 | the Cannabis Regulation and Tax Act. | ||||||
| 12 | (ss) Data reported by an employer to the Department of | ||||||
| 13 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
| 14 | Human Rights Act. | ||||||
| 15 | (tt) Recordings made under the Children's Advocacy | ||||||
| 16 | Center Act, except to the extent authorized under that | ||||||
| 17 | Act. | ||||||
| 18 | (uu) Information that is exempt from disclosure under | ||||||
| 19 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
| 20 | (vv) Information that is exempt from disclosure under | ||||||
| 21 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
| 22 | Public Aid Code. | ||||||
| 23 | (ww) Information that is exempt from disclosure under | ||||||
| 24 | Section 16.8 of the State Treasurer Act. | ||||||
| 25 | (xx) Information that is exempt from disclosure or | ||||||
| 26 | information that shall not be made public under the | ||||||
| |||||||
| |||||||
| 1 | Illinois Insurance Code. | ||||||
| 2 | (yy) Information prohibited from being disclosed under | ||||||
| 3 | the Illinois Educational Labor Relations Act. | ||||||
| 4 | (zz) Information prohibited from being disclosed under | ||||||
| 5 | the Illinois Public Labor Relations Act. | ||||||
| 6 | (aaa) Information prohibited from being disclosed | ||||||
| 7 | under Section 1-167 of the Illinois Pension Code. | ||||||
| 8 | (bbb) (Blank). Information that is prohibited from | ||||||
| 9 | disclosure by the Illinois Police Training Act and the | ||||||
| 10 | Illinois State Police Act. | ||||||
| 11 | (ccc) Records exempt from disclosure under Section | ||||||
| 12 | 2605-304 of the Illinois State Police Law of the Civil | ||||||
| 13 | Administrative Code of Illinois. | ||||||
| 14 | (ddd) Information prohibited from being disclosed | ||||||
| 15 | under Section 35 of the Address Confidentiality for | ||||||
| 16 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
| 17 | Trafficking, or Stalking Act. | ||||||
| 18 | (eee) Information prohibited from being disclosed | ||||||
| 19 | under subsection (b) of Section 75 of the Domestic | ||||||
| 20 | Violence Fatality Review Act. | ||||||
| 21 | (fff) Images from cameras under the Expressway Camera | ||||||
| 22 | Act and all automated license plate reader (ALPR) | ||||||
| 23 | information used and collected by the Illinois State | ||||||
| 24 | Police. "ALPR information" means information gathered by | ||||||
| 25 | an ALPR or created from the analysis of data generated by | ||||||
| 26 | an ALPR. This subsection (fff) is inoperative on and after | ||||||
| |||||||
| |||||||
| 1 | July 1, 2028. | ||||||
| 2 | (ggg) Information prohibited from disclosure under | ||||||
| 3 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
| 4 | Agency Licensing Act. | ||||||
| 5 | (hhh) Information submitted to the Illinois State | ||||||
| 6 | Police in an affidavit or application for an assault | ||||||
| 7 | weapon endorsement, assault weapon attachment endorsement, | ||||||
| 8 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
| 9 | endorsement under the Firearm Owners Identification Card | ||||||
| 10 | Act. | ||||||
| 11 | (iii) Data exempt from disclosure under Section 50 of | ||||||
| 12 | the School Safety Drill Act. | ||||||
| 13 | (jjj) Information exempt from disclosure under Section | ||||||
| 14 | 30 of the Insurance Data Security Law. | ||||||
| 15 | (kkk) Confidential business information prohibited | ||||||
| 16 | from disclosure under Section 45 of the Paint Stewardship | ||||||
| 17 | Act. | ||||||
| 18 | (lll) Data exempt from disclosure under Section | ||||||
| 19 | 2-3.196 of the School Code. | ||||||
| 20 | (mmm) Information prohibited from being disclosed | ||||||
| 21 | under subsection (e) of Section 1-129 of the Illinois | ||||||
| 22 | Power Agency Act. | ||||||
| 23 | (nnn) Materials received by the Department of Commerce | ||||||
| 24 | and Economic Opportunity that are confidential under the | ||||||
| 25 | Music and Musicians Tax Credit and Jobs Act. | ||||||
| 26 | (ooo) Data or information provided pursuant to Section | ||||||
| |||||||
| |||||||
| 1 | 20 of the Statewide Recycling Needs and Assessment Act. | ||||||
| 2 | (ppp) Information that is exempt from disclosure under | ||||||
| 3 | Section 28-11 of the Lawful Health Care Activity Act. | ||||||
| 4 | (qqq) Information that is exempt from disclosure under | ||||||
| 5 | Section 7-101 of the Illinois Human Rights Act. | ||||||
| 6 | (rrr) Information prohibited from being disclosed | ||||||
| 7 | under Section 4-2 of the Uniform Money Transmission | ||||||
| 8 | Modernization Act. | ||||||
| 9 | (sss) Information exempt from disclosure under Section | ||||||
| 10 | 40 of the Student-Athlete Endorsement Rights Act. | ||||||
| 11 | (ttt) Audio recordings made under Section 30 of the | ||||||
| 12 | Illinois State Police Act, except to the extent authorized | ||||||
| 13 | under that Section. | ||||||
| 14 | (uuu) Information prohibited from being disclosed | ||||||
| 15 | under Section 30-5 of the Digital Assets Regulation Act. | ||||||
| 16 | (Source: P.A. 103-8, eff. 6-7-23; 103-34, eff. 6-9-23; | ||||||
| 17 | 103-142, eff. 1-1-24; 103-372, eff. 1-1-24; 103-472, eff. | ||||||
| 18 | 8-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 103-592, | ||||||
| 19 | eff. 6-7-24; 103-605, eff. 7-1-24; 103-636, eff. 7-1-24; | ||||||
| 20 | 103-724, eff. 1-1-25; 103-786, eff. 8-7-24; 103-859, eff. | ||||||
| 21 | 8-9-24; 103-991, eff. 8-9-24; 103-1049, eff. 8-9-24; 103-1081, | ||||||
| 22 | eff. 3-21-25; 104-10, eff. 6-16-25; 104-18, eff. 6-30-25; | ||||||
| 23 | 104-417, eff. 8-15-25; 104-428, eff. 8-18-25; revised | ||||||
| 24 | 9-10-25.) | ||||||
| 25 | Section 380. The State Employee Indemnification Act is | ||||||
| |||||||
| |||||||
| 1 | amended by changing Section 1 as follows: | ||||||
| 2 | (5 ILCS 350/1) | ||||||
| 3 | (Text of Section before amendment by P.A. 104-157) | ||||||
| 4 | Sec. 1. Definitions. For the purpose of this Act: | ||||||
| 5 | (a) The term "State" means the State of Illinois, the | ||||||
| 6 | General Assembly, the court, or any State office, department, | ||||||
| 7 | division, bureau, board, commission, or committee, the | ||||||
| 8 | governing boards of the public institutions of higher | ||||||
| 9 | education created by the State, the Illinois National Guard, | ||||||
| 10 | the Illinois State Guard, the Comprehensive Health Insurance | ||||||
| 11 | Board, any poison control center designated under the Poison | ||||||
| 12 | Control System Act that receives State funding, or any other | ||||||
| 13 | agency or instrumentality of the State. It does not mean any | ||||||
| 14 | local public entity as that term is defined in Section 1-206 of | ||||||
| 15 | the Local Governmental and Governmental Employees Tort | ||||||
| 16 | Immunity Act or a pension fund. | ||||||
| 17 | (b) The term "employee" means: any present or former | ||||||
| 18 | elected or appointed officer, trustee or employee of the | ||||||
| 19 | State, or of a pension fund; any present or former | ||||||
| 20 | commissioner or employee of the Executive Ethics Commission or | ||||||
| 21 | of the Legislative Ethics Commission; any present or former | ||||||
| 22 | Executive, Legislative, or Auditor General's Inspector | ||||||
| 23 | General; any present or former employee of an Office of an | ||||||
| 24 | Executive, Legislative, or Auditor General's Inspector | ||||||
| 25 | General; any present or former member of the Illinois National | ||||||
| |||||||
| |||||||
| 1 | Guard while on active duty; any present or former member of the | ||||||
| 2 | Illinois State Guard while on State active duty; individuals | ||||||
| 3 | or organizations who contract with the Department of | ||||||
| 4 | Corrections, the Department of Juvenile Justice, the | ||||||
| 5 | Comprehensive Health Insurance Board, or the Department of | ||||||
| 6 | Veterans Affairs to provide services; individuals or | ||||||
| 7 | organizations who contract with the Department of Human | ||||||
| 8 | Services (as successor to the Department of Mental Health and | ||||||
| 9 | Developmental Disabilities) to provide services including but | ||||||
| 10 | not limited to treatment and other services for sexually | ||||||
| 11 | violent persons; individuals or organizations who contract | ||||||
| 12 | with the Department of Military Affairs for youth programs; | ||||||
| 13 | individuals or organizations who contract to perform carnival | ||||||
| 14 | and amusement ride safety inspections for the Department of | ||||||
| 15 | Labor; individuals who contract with the Office of the State's | ||||||
| 16 | Attorneys Appellate Prosecutor to provide legal services, but | ||||||
| 17 | only when performing duties within the scope of the Office's | ||||||
| 18 | prosecutorial activities; individual representatives of or | ||||||
| 19 | designated organizations authorized to represent the Office of | ||||||
| 20 | State Long-Term Ombudsman for the Department on Aging; | ||||||
| 21 | individual representatives of or organizations designated by | ||||||
| 22 | the Department on Aging in the performance of their duties as | ||||||
| 23 | adult protective services agencies or regional administrative | ||||||
| 24 | agencies under the Adult Protective Services Act; individuals | ||||||
| 25 | or organizations appointed as members of a review team or the | ||||||
| 26 | Advisory Council under the Adult Protective Services Act; | ||||||
| |||||||
| |||||||
| 1 | individuals or organizations who perform volunteer services | ||||||
| 2 | for the State where such volunteer relationship is reduced to | ||||||
| 3 | writing; individuals who serve on any public entity (whether | ||||||
| 4 | created by law or administrative action) described in | ||||||
| 5 | paragraph (a) of this Section; individuals or not for profit | ||||||
| 6 | organizations who, either as volunteers, where such volunteer | ||||||
| 7 | relationship is reduced to writing, or pursuant to contract, | ||||||
| 8 | furnish professional advice or consultation to any agency or | ||||||
| 9 | instrumentality of the State; individuals who serve as foster | ||||||
| 10 | parents for the Department of Children and Family Services | ||||||
| 11 | when caring for youth in care as defined in Section 4d of the | ||||||
| 12 | Children and Family Services Act; individuals who serve as | ||||||
| 13 | members of an independent team of experts under the | ||||||
| 14 | Developmental Disability and Mental Health Safety Act (also | ||||||
| 15 | known as Brian's Law); and individuals who serve as | ||||||
| 16 | arbitrators pursuant to Part 10A of Article II of the Code of | ||||||
| 17 | Civil Procedure and the rules of the Supreme Court | ||||||
| 18 | implementing Part 10A, each as now or hereafter amended; the | ||||||
| 19 | members of the Certification Review Panel under the Illinois | ||||||
| 20 | Police Training Act; the term "employee" does not mean an | ||||||
| 21 | independent contractor except as provided in this Section. The | ||||||
| 22 | term includes an individual appointed as an inspector by the | ||||||
| 23 | Director of the Illinois State Police when performing duties | ||||||
| 24 | within the scope of the activities of a Metropolitan | ||||||
| 25 | Enforcement Group or a law enforcement organization | ||||||
| 26 | established under the Intergovernmental Cooperation Act. An | ||||||
| |||||||
| |||||||
| 1 | individual who renders professional advice and consultation to | ||||||
| 2 | the State through an organization which qualifies as an | ||||||
| 3 | "employee" under the Act is also an employee. The term | ||||||
| 4 | includes the estate or personal representative of an employee. | ||||||
| 5 | (c) The term "pension fund" means a retirement system or | ||||||
| 6 | pension fund created under the Illinois Pension Code. | ||||||
| 7 | (Source: P.A. 104-234, eff. 8-15-25.) | ||||||
| 8 | (Text of Section after amendment by P.A. 104-157) | ||||||
| 9 | Sec. 1. Definitions. For the purpose of this Act: | ||||||
| 10 | (a) The term "State" means the State of Illinois, the | ||||||
| 11 | General Assembly, the court, or any State office, department, | ||||||
| 12 | division, bureau, board, commission, or committee, the | ||||||
| 13 | governing boards of the public institutions of higher | ||||||
| 14 | education created by the State, the Illinois National Guard, | ||||||
| 15 | the Illinois State Guard, the Comprehensive Health Insurance | ||||||
| 16 | Board, any poison control center designated under the Poison | ||||||
| 17 | Control System Act that receives State funding, or any other | ||||||
| 18 | agency or instrumentality of the State. It does not mean any | ||||||
| 19 | local public entity as that term is defined in Section 1-206 of | ||||||
| 20 | the Local Governmental and Governmental Employees Tort | ||||||
| 21 | Immunity Act or a pension fund. | ||||||
| 22 | (b) The term "employee" means: any present or former | ||||||
| 23 | elected or appointed officer, trustee or employee of the | ||||||
| 24 | State, or of a pension fund; any present or former | ||||||
| 25 | commissioner or employee of the Executive Ethics Commission or | ||||||
| |||||||
| |||||||
| 1 | of the Legislative Ethics Commission; any present or former | ||||||
| 2 | Executive, Legislative, or Auditor General's Inspector | ||||||
| 3 | General; any present or former employee of an Office of an | ||||||
| 4 | Executive, Legislative, or Auditor General's Inspector | ||||||
| 5 | General; any present or former member of the Illinois National | ||||||
| 6 | Guard while on active duty; any present or former member of the | ||||||
| 7 | Illinois State Guard while on State active duty; individuals | ||||||
| 8 | or organizations who contract with the Department of | ||||||
| 9 | Corrections, the Department of Juvenile Justice, the | ||||||
| 10 | Comprehensive Health Insurance Board, or the Department of | ||||||
| 11 | Veterans Affairs to provide services; individuals or | ||||||
| 12 | organizations who contract with the Department of Human | ||||||
| 13 | Services (as successor to the Department of Mental Health and | ||||||
| 14 | Developmental Disabilities) to provide services including but | ||||||
| 15 | not limited to treatment and other services for sexually | ||||||
| 16 | violent persons; individuals or organizations who contract | ||||||
| 17 | with the Department of Military Affairs for youth programs; | ||||||
| 18 | individuals or organizations who contract to perform carnival | ||||||
| 19 | and amusement ride safety inspections for the Department of | ||||||
| 20 | Labor; individuals who contract with the Office of the State's | ||||||
| 21 | Attorneys Appellate Prosecutor to provide legal services, but | ||||||
| 22 | only when performing duties within the scope of the Office's | ||||||
| 23 | prosecutorial activities; individual representatives of or | ||||||
| 24 | designated organizations authorized to represent the Office of | ||||||
| 25 | State Long-Term Ombudsman for the Department on Aging; | ||||||
| 26 | individual representatives of or organizations designated by | ||||||
| |||||||
| |||||||
| 1 | the Department on Aging in the performance of their duties as | ||||||
| 2 | adult protective services agencies or regional administrative | ||||||
| 3 | agencies under the Adult Protective Services Act; individuals | ||||||
| 4 | or organizations appointed as members of a review team or the | ||||||
| 5 | Advisory Council under the Adult Protective Services Act; | ||||||
| 6 | individuals or organizations who perform volunteer services | ||||||
| 7 | for the State where such volunteer relationship is reduced to | ||||||
| 8 | writing; individuals who serve on any public entity (whether | ||||||
| 9 | created by law or administrative action) described in | ||||||
| 10 | paragraph (a) of this Section; individuals or not for profit | ||||||
| 11 | organizations who, either as volunteers, where such volunteer | ||||||
| 12 | relationship is reduced to writing, or pursuant to contract, | ||||||
| 13 | furnish professional advice or consultation to any agency or | ||||||
| 14 | instrumentality of the State; individuals who serve as foster | ||||||
| 15 | parents for the Department of Children and Family Services | ||||||
| 16 | when caring for youth in care as defined in Section 4d of the | ||||||
| 17 | Children and Family Services Act; individuals who serve as | ||||||
| 18 | members of an independent team of experts under the | ||||||
| 19 | Developmental Disability and Mental Health Safety Act (also | ||||||
| 20 | known as Brian's Law); and individuals who serve as | ||||||
| 21 | arbitrators pursuant to Part 10A of Article II of the Code of | ||||||
| 22 | Civil Procedure and the rules of the Supreme Court | ||||||
| 23 | implementing Part 10A, each as now or hereafter amended; the | ||||||
| 24 | members of the Certification Review Panel under the Illinois | ||||||
| 25 | Police Training Act; the term "employee" does not mean an | ||||||
| 26 | independent contractor except as provided in this Section. The | ||||||
| |||||||
| |||||||
| 1 | term includes (1) an individual appointed as an inspector by | ||||||
| 2 | the Director of the Illinois State Police when performing | ||||||
| 3 | duties within the scope of the activities of a Metropolitan | ||||||
| 4 | Enforcement Group or a law enforcement organization | ||||||
| 5 | established under the Intergovernmental Cooperation Act; (2) | ||||||
| 6 | any Metropolitan Enforcement Group created under the | ||||||
| 7 | Intergovernmental Drug Laws Enforcement Act if all sworn | ||||||
| 8 | members of the Metropolitan Enforcement Group are employees | ||||||
| 9 | under this Act; and (3) any law enforcement organization | ||||||
| 10 | established under a written agreement under the | ||||||
| 11 | Intergovernmental Cooperation Act for the purpose of enforcing | ||||||
| 12 | and investigating the offenses listed in paragraph (4) of | ||||||
| 13 | Section 3 of the Intergovernmental Drug Laws Enforcement Act, | ||||||
| 14 | or similar offenses, if the Illinois State Police is a party to | ||||||
| 15 | the agreement and all sworn members of the law enforcement | ||||||
| 16 | organization are employees under this Act. An individual who | ||||||
| 17 | renders professional advice and consultation to the State | ||||||
| 18 | through an organization which qualifies as an "employee" under | ||||||
| 19 | the Act is also an employee. The term includes the estate or | ||||||
| 20 | personal representative of an employee. | ||||||
| 21 | (c) The term "pension fund" means a retirement system or | ||||||
| 22 | pension fund created under the Illinois Pension Code. | ||||||
| 23 | (Source: P.A. 104-157, eff. 1-1-26; 104-234, eff. 8-15-25; | ||||||
| 24 | revised 9-10-25.) | ||||||
| 25 | Section 385. The Personnel Code is amended by changing | ||||||
| |||||||
| |||||||
| 1 | Section 4c as follows: | ||||||
| 2 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
| 3 | Sec. 4c. General exemptions. The following positions in | ||||||
| 4 | State service shall be exempt from jurisdictions A, B, and C, | ||||||
| 5 | unless the jurisdictions shall be extended as provided in this | ||||||
| 6 | Act: | ||||||
| 7 | (1) All officers elected by the people. | ||||||
| 8 | (2) All positions under the Lieutenant Governor, | ||||||
| 9 | Secretary of State, State Treasurer, State Comptroller, | ||||||
| 10 | State Board of Education, Clerk of the Supreme Court, | ||||||
| 11 | Attorney General, and State Board of Elections. | ||||||
| 12 | (3) Judges, and officers and employees of the courts, | ||||||
| 13 | and notaries public. | ||||||
| 14 | (4) All officers and employees of the Illinois General | ||||||
| 15 | Assembly, all employees of legislative commissions, all | ||||||
| 16 | officers and employees of the Illinois Legislative | ||||||
| 17 | Reference Bureau and the Legislative Printing Unit. | ||||||
| 18 | (5) All positions in the Illinois National Guard and | ||||||
| 19 | Illinois State Guard, paid from federal funds or positions | ||||||
| 20 | in the State Military Service filled by enlistment and | ||||||
| 21 | paid from State funds. | ||||||
| 22 | (6) All employees of the Governor at the executive | ||||||
| 23 | mansion and on his immediate personal staff. | ||||||
| 24 | (7) Directors of Departments, the Adjutant General, | ||||||
| 25 | the Assistant Adjutant General, the Director of the | ||||||
| |||||||
| |||||||
| 1 | Illinois Emergency Management Agency, members of boards | ||||||
| 2 | and commissions, and all other positions appointed by the | ||||||
| 3 | Governor by and with the consent of the Senate. | ||||||
| 4 | (8) The presidents, other principal administrative | ||||||
| 5 | officers, and teaching, research and extension faculties | ||||||
| 6 | of Chicago State University, Eastern Illinois University, | ||||||
| 7 | Governors State University, Illinois State University, | ||||||
| 8 | Northeastern Illinois University, Northern Illinois | ||||||
| 9 | University, Western Illinois University, the Illinois | ||||||
| 10 | Community College Board, Southern Illinois University, | ||||||
| 11 | Illinois Board of Higher Education, University of | ||||||
| 12 | Illinois, State Universities Civil Service System, | ||||||
| 13 | University Retirement System of Illinois, and the | ||||||
| 14 | administrative officers and scientific and technical staff | ||||||
| 15 | of the Illinois State Museum. | ||||||
| 16 | (9) All other employees except the presidents, other | ||||||
| 17 | principal administrative officers, and teaching, research | ||||||
| 18 | and extension faculties of the universities under the | ||||||
| 19 | jurisdiction of the Board of Regents and the colleges and | ||||||
| 20 | universities under the jurisdiction of the Board of | ||||||
| 21 | Governors of State Colleges and Universities, Illinois | ||||||
| 22 | Community College Board, Southern Illinois University, | ||||||
| 23 | Illinois Board of Higher Education, Board of Governors of | ||||||
| 24 | State Colleges and Universities, the Board of Regents, | ||||||
| 25 | University of Illinois, State Universities Civil Service | ||||||
| 26 | System, University Retirement System of Illinois, so long | ||||||
| |||||||
| |||||||
| 1 | as these are subject to the provisions of the State | ||||||
| 2 | Universities Civil Service Act. | ||||||
| 3 | (10) The Illinois State Police so long as they are | ||||||
| 4 | subject to the merit provisions of the Illinois State | ||||||
| 5 | Police Act. Employees of the Illinois State Police Merit | ||||||
| 6 | Board are subject to the provisions of this Code. | ||||||
| 7 | (11) (Blank). | ||||||
| 8 | (12) The technical and engineering staffs of the | ||||||
| 9 | Department of Transportation, the Division of Nuclear | ||||||
| 10 | Safety at the Illinois Emergency Management Agency, the | ||||||
| 11 | Pollution Control Board, and the Illinois Commerce | ||||||
| 12 | Commission, and the technical and engineering staff | ||||||
| 13 | providing architectural and engineering services in the | ||||||
| 14 | Department of Central Management Services. | ||||||
| 15 | (13) All employees of the Illinois State Toll Highway | ||||||
| 16 | Authority. | ||||||
| 17 | (14) The Secretary of the Illinois Workers' | ||||||
| 18 | Compensation Commission. | ||||||
| 19 | (15) All persons who are appointed or employed by the | ||||||
| 20 | Director of Insurance under authority of Section 202 of | ||||||
| 21 | the Illinois Insurance Code to assist the Director of | ||||||
| 22 | Insurance in discharging his responsibilities relating to | ||||||
| 23 | the rehabilitation, liquidation, conservation, and | ||||||
| 24 | dissolution of companies that are subject to the | ||||||
| 25 | jurisdiction of the Illinois Insurance Code. | ||||||
| 26 | (16) All employees of the St. Louis Metropolitan Area | ||||||
| |||||||
| |||||||
| 1 | Airport Authority. | ||||||
| 2 | (17) All investment officers employed by the Illinois | ||||||
| 3 | State Board of Investment. | ||||||
| 4 | (18) Employees of the Illinois Young Adult | ||||||
| 5 | Conservation Corps program, administered by the Illinois | ||||||
| 6 | Department of Natural Resources, authorized grantee under | ||||||
| 7 | Title VIII of the Comprehensive Employment and Training | ||||||
| 8 | Act of 1973, 29 U.S.C. 993. | ||||||
| 9 | (19) Seasonal employees of the Department of | ||||||
| 10 | Agriculture for the operation of the Illinois State Fair | ||||||
| 11 | and the DuQuoin State Fair, no one person receiving more | ||||||
| 12 | than 29 days of such employment in any calendar year. | ||||||
| 13 | (20) All "temporary" employees hired under the | ||||||
| 14 | Department of Natural Resources' Illinois Conservation | ||||||
| 15 | Service, a youth employment program that hires young | ||||||
| 16 | people to work in State parks for a period of one year or | ||||||
| 17 | less. | ||||||
| 18 | (21) All hearing officers of the Human Rights | ||||||
| 19 | Commission. | ||||||
| 20 | (22) All employees of the Illinois Mathematics and | ||||||
| 21 | Science Academy. | ||||||
| 22 | (23) All employees of the Kankakee River Valley Area | ||||||
| 23 | Airport Authority. | ||||||
| 24 | (24) The commissioners and employees of the Executive | ||||||
| 25 | Ethics Commission. | ||||||
| 26 | (25) The Executive Inspectors General, including | ||||||
| |||||||
| |||||||
| 1 | special Executive Inspectors General, and employees of | ||||||
| 2 | each Office of an Executive Inspector General. | ||||||
| 3 | (26) The commissioners and employees of the | ||||||
| 4 | Legislative Ethics Commission. | ||||||
| 5 | (27) The Legislative Inspector General, including | ||||||
| 6 | special Legislative Inspectors General, and employees of | ||||||
| 7 | the Office of the Legislative Inspector General. | ||||||
| 8 | (28) The Auditor General's Inspector General and | ||||||
| 9 | employees of the Office of the Auditor General's Inspector | ||||||
| 10 | General. | ||||||
| 11 | (29) All employees of the Illinois Power Agency. | ||||||
| 12 | (30) Employees having demonstrable, defined advanced | ||||||
| 13 | skills in accounting, financial reporting, or technical | ||||||
| 14 | expertise who are employed within executive branch | ||||||
| 15 | agencies and whose duties are directly related to the | ||||||
| 16 | submission to the Office of the Comptroller of financial | ||||||
| 17 | information for the publication of the annual | ||||||
| 18 | comprehensive financial report. | ||||||
| 19 | (31) All employees of the Illinois Sentencing Policy | ||||||
| 20 | Advisory Council. | ||||||
| 21 | (Source: P.A. 102-291, eff. 8-6-21; 102-538, eff. 8-20-21; | ||||||
| 22 | 102-783, eff. 5-13-22; 102-813, eff. 5-13-22; 103-108, eff. | ||||||
| 23 | 6-27-23.) | ||||||
| 24 | Section 390. The Illinois State Police Law of the Civil | ||||||
| 25 | Administrative Code of Illinois is amended by changing Section | ||||||
| |||||||
| |||||||
| 1 | 2605-50 as follows: | ||||||
| 2 | (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6) | ||||||
| 3 | Sec. 2605-50. Division of Internal Investigation. The | ||||||
| 4 | Division of Internal Investigation shall have jurisdiction and | ||||||
| 5 | initiate internal Illinois State Police investigations and, at | ||||||
| 6 | the direction of the Governor, investigate complaints and | ||||||
| 7 | initiate investigations of official misconduct by State | ||||||
| 8 | officers and all State employees. Notwithstanding any other | ||||||
| 9 | provisions of law, the Division shall serve as the | ||||||
| 10 | investigative body for the Illinois State Police for purposes | ||||||
| 11 | of compliance with the provisions of Sections 12.6 and 12.7 of | ||||||
| 12 | the Illinois State Police Act. | ||||||
| 13 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 14 | 102-813, eff. 5-13-22.) | ||||||
| 15 | Section 395. The State Police Act is amended by changing | ||||||
| 16 | Sections 3, 6, 8, and 9 as follows: | ||||||
| 17 | (20 ILCS 2610/3) (from Ch. 121, par. 307.3) | ||||||
| 18 | Sec. 3. The Governor shall appoint, by and with the advice | ||||||
| 19 | and consent of the Senate, an Illinois State Police Merit | ||||||
| 20 | Board, hereinafter called the Board, consisting of 5 7 members | ||||||
| 21 | to hold office from the third Monday in March of the year of | ||||||
| 22 | their respective appointments for a term of 6 years and until | ||||||
| 23 | their successors are appointed and qualified for a like term. | ||||||
| |||||||
| |||||||
| 1 | The Governor shall appoint new board members within 30 days | ||||||
| 2 | for the vacancies created under Public Act 101-652. Board | ||||||
| 3 | members shall be appointed to four-year terms. No member shall | ||||||
| 4 | be appointed to more than 2 terms. In making the appointments, | ||||||
| 5 | the Governor shall make a good faith effort to appoint members | ||||||
| 6 | reflecting the geographic, ethnic, and cultural diversity of | ||||||
| 7 | this State. In making the appointments, the Governor should | ||||||
| 8 | also consider appointing: persons with professional | ||||||
| 9 | backgrounds, possessing legal, management, personnel, or labor | ||||||
| 10 | experience; at least one member with at least 10 years of | ||||||
| 11 | experience as a licensed physician or clinical psychologist | ||||||
| 12 | with expertise in mental health; and at least one member | ||||||
| 13 | affiliated with an organization committed to social and | ||||||
| 14 | economic rights and to eliminating discrimination. No more | ||||||
| 15 | than 3 4 members of the Board shall be affiliated with the same | ||||||
| 16 | political party. If the Senate is not in session at the time | ||||||
| 17 | initial appointments are made pursuant to this Section, the | ||||||
| 18 | Governor shall make temporary appointments as in the case of a | ||||||
| 19 | vacancy. In order to avoid actual conflicts of interest, or | ||||||
| 20 | the appearance of conflicts of interest, no board member shall | ||||||
| 21 | be a retired or former employee of the Illinois State Police. | ||||||
| 22 | When a Board member may have an actual, perceived, or | ||||||
| 23 | potential conflict of interest that could prevent the Board | ||||||
| 24 | member from making a fair and impartial decision on a | ||||||
| 25 | complaint or formal complaint against an Illinois State Police | ||||||
| 26 | officer, the Board member shall recuse himself or herself; or, | ||||||
| |||||||
| |||||||
| 1 | if the Board member fails to recuse himself or herself, then | ||||||
| 2 | the Board may, by a simple majority, vote to recuse the Board | ||||||
| 3 | member. | ||||||
| 4 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 5 | 102-813, eff. 5-13-22.) | ||||||
| 6 | (20 ILCS 2610/6) (from Ch. 121, par. 307.6) | ||||||
| 7 | Sec. 6. The Board is authorized to employ such clerical | ||||||
| 8 | and technical staff assistants, not to exceed fifteen, as may | ||||||
| 9 | be necessary to enable the Board to transact its business and, | ||||||
| 10 | if the rate of compensation is not otherwise fixed by law, to | ||||||
| 11 | fix their compensation. In order to avoid actual conflicts of | ||||||
| 12 | interest, or the appearance of conflicts of interest, no | ||||||
| 13 | employee, contractor, clerical or technical staff shall be a | ||||||
| 14 | retired or former employee of the Illinois State Police. All | ||||||
| 15 | employees shall be subject to the Personnel Code. | ||||||
| 16 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
| 17 | (20 ILCS 2610/8) (from Ch. 121, par. 307.8) | ||||||
| 18 | Sec. 8. Board jurisdiction. | ||||||
| 19 | (a) The Board shall exercise jurisdiction over the | ||||||
| 20 | certification for appointment and promotion, and over the | ||||||
| 21 | discipline, removal, demotion, and suspension of Illinois | ||||||
| 22 | State Police officers. The Board and the Illinois State Police | ||||||
| 23 | should also ensure Illinois State Police cadets and officers | ||||||
| 24 | represent the utmost integrity and professionalism and | ||||||
| |||||||
| |||||||
| 1 | represent the geographic, ethnic, and cultural diversity of | ||||||
| 2 | this State. The Board shall also exercise jurisdiction to | ||||||
| 3 | certify and terminate Illinois State Police officers in | ||||||
| 4 | compliance with certification standards consistent with | ||||||
| 5 | Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized | ||||||
| 6 | merit principles of public employment, the Board shall | ||||||
| 7 | formulate, adopt, and put into effect rules, regulations, and | ||||||
| 8 | procedures for its operation and the transaction of its | ||||||
| 9 | business. The Board shall establish a classification of ranks | ||||||
| 10 | of persons subject to its jurisdiction and shall set standards | ||||||
| 11 | and qualifications for each rank. Each Illinois State Police | ||||||
| 12 | officer appointed by the Director shall be classified as a | ||||||
| 13 | State Police officer as follows: trooper, sergeant, master | ||||||
| 14 | sergeant, lieutenant, captain, major, or Special Agent. | ||||||
| 15 | (b) The Board shall publish all standards and | ||||||
| 16 | qualifications for each rank, including Cadet, on its website. | ||||||
| 17 | This shall include, but not be limited to, all physical | ||||||
| 18 | fitness, medical, visual, and hearing standards. The Illinois | ||||||
| 19 | State Police shall cooperate with the Board by providing any | ||||||
| 20 | necessary information to complete this requirement. | ||||||
| 21 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 22 | 102-813, eff. 5-13-22.) | ||||||
| 23 | (20 ILCS 2610/9) (from Ch. 121, par. 307.9) | ||||||
| 24 | Sec. 9. Appointment; qualifications. | ||||||
| 25 | (a) Except as otherwise provided in this Section, the | ||||||
| |||||||
| |||||||
| 1 | appointment of Illinois State Police officers shall be made | ||||||
| 2 | from those applicants who have been certified by the Board as | ||||||
| 3 | being qualified for appointment. All persons so appointed | ||||||
| 4 | shall, at the time of their appointment, be not less than 21 | ||||||
| 5 | years of age, or 20 years of age and have successfully | ||||||
| 6 | completed an associate's degree or 60 credit hours at an | ||||||
| 7 | accredited college or university. Any person appointed | ||||||
| 8 | subsequent to successful completion of an associate's degree | ||||||
| 9 | or 60 credit hours at an accredited college or university | ||||||
| 10 | shall not have power of arrest, nor shall he or she be | ||||||
| 11 | permitted to carry firearms, until he or she reaches 21 years | ||||||
| 12 | of age. In addition, all persons so certified for appointment | ||||||
| 13 | shall be of sound mind and body, be of good moral character, be | ||||||
| 14 | citizens of the United States, have no criminal records, | ||||||
| 15 | possess such prerequisites of training, education, and | ||||||
| 16 | experience as the Board may from time to time prescribe so long | ||||||
| 17 | as persons who have an associate's degree or 60 credit hours at | ||||||
| 18 | an accredited college or university are not disqualified, and | ||||||
| 19 | shall be required to pass successfully such mental and | ||||||
| 20 | physical tests and examinations as may be prescribed by the | ||||||
| 21 | Board. A person who meets one of the following requirements is | ||||||
| 22 | deemed to have met the collegiate educational requirements: | ||||||
| 23 | (i) has been honorably discharged and who has been | ||||||
| 24 | awarded a Southwest Asia Service Medal, Kuwait Liberation | ||||||
| 25 | Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), | ||||||
| 26 | Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
| |||||||
| |||||||
| 1 | Afghanistan Campaign Medal, Iraq Campaign Medal, Global | ||||||
| 2 | War on Terrorism Service Medal, Global War on Terrorism | ||||||
| 3 | Expeditionary Medal, or Inherent Resolve Campaign Medal by | ||||||
| 4 | the United States Armed Forces; | ||||||
| 5 | (ii) is an active member of the Illinois National | ||||||
| 6 | Guard or a reserve component of the United States Armed | ||||||
| 7 | Forces and who has been awarded a Southwest Asia Service | ||||||
| 8 | Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait | ||||||
| 9 | Liberation Medal (Kuwait), Kosovo Campaign Medal, Korean | ||||||
| 10 | Defense Service Medal, Afghanistan Campaign Medal, Iraq | ||||||
| 11 | Campaign Medal, Global War on Terrorism Service Medal, | ||||||
| 12 | Global War on Terrorism Expeditionary Medal, or Inherent | ||||||
| 13 | Resolve Campaign Medal as a result of honorable service | ||||||
| 14 | during deployment on active duty; | ||||||
| 15 | (iii) has been honorably discharged who served in a | ||||||
| 16 | combat mission by proof of hostile fire pay or imminent | ||||||
| 17 | danger pay during deployment on active duty; | ||||||
| 18 | (iv) has at least 3 years of full active and | ||||||
| 19 | continuous United States Armed Forces duty, which shall | ||||||
| 20 | also include a period of active duty with the State of | ||||||
| 21 | Illinois under Title 10 or Title 32 of the United States | ||||||
| 22 | Code pursuant to an order of the President or the Governor | ||||||
| 23 | of the State of Illinois, and received an honorable | ||||||
| 24 | discharge before hiring; or | ||||||
| 25 | (v) has successfully completed basic law enforcement | ||||||
| 26 | training, has at least 3 years of continuous, full-time | ||||||
| |||||||
| |||||||
| 1 | service as a peace officer with the same police | ||||||
| 2 | department, and is currently serving as a peace officer | ||||||
| 3 | when applying. | ||||||
| 4 | Preference shall be given in such appointments to persons | ||||||
| 5 | who have honorably served in the United States Armed Forces. | ||||||
| 6 | All appointees shall serve a probationary period of 12 months | ||||||
| 7 | from the date of appointment and during that period may be | ||||||
| 8 | discharged at the will of the Director. However, the Director | ||||||
| 9 | may in his or her sole discretion extend the probationary | ||||||
| 10 | period of an officer up to an additional 6 months when to do so | ||||||
| 11 | is deemed in the best interest of the Illinois State Police. | ||||||
| 12 | Nothing in this subsection (a) limits the Board's ability to | ||||||
| 13 | prescribe education prerequisites or requirements to certify | ||||||
| 14 | Illinois State Police officers for promotion as provided in | ||||||
| 15 | Section 10 of this Act. | ||||||
| 16 | (b) Notwithstanding the other provisions of this Act, | ||||||
| 17 | after July 1, 1977 and before July 1, 1980, the Director of | ||||||
| 18 | State Police may appoint and promote not more than 20 persons | ||||||
| 19 | having special qualifications as special agents as he or she | ||||||
| 20 | deems necessary to carry out the Department's objectives. Any | ||||||
| 21 | such appointment or promotion shall be ratified by the Board. | ||||||
| 22 | (c) During the 90 days following March 31, 1995 (the | ||||||
| 23 | effective date of Public Act 89-9), the Director of State | ||||||
| 24 | Police may appoint up to 25 persons as State Police officers. | ||||||
| 25 | These appointments shall be made in accordance with the | ||||||
| 26 | requirements of this subsection (c) and any additional | ||||||
| |||||||
| |||||||
| 1 | criteria that may be established by the Director, but are not | ||||||
| 2 | subject to any other requirements of this Act. The Director | ||||||
| 3 | may specify the initial rank for each person appointed under | ||||||
| 4 | this subsection. | ||||||
| 5 | All appointments under this subsection (c) shall be made | ||||||
| 6 | from personnel certified by the Board. A person certified by | ||||||
| 7 | the Board and appointed by the Director under this subsection | ||||||
| 8 | must have been employed by the Illinois Commerce Commission on | ||||||
| 9 | November 30, 1994 in a job title subject to the Personnel Code | ||||||
| 10 | and in a position for which the person was eligible to earn | ||||||
| 11 | "eligible creditable service" as a "noncovered employee", as | ||||||
| 12 | those terms are defined in Article 14 of the Illinois Pension | ||||||
| 13 | Code. | ||||||
| 14 | Persons appointed under this subsection (c) shall | ||||||
| 15 | thereafter be subject to the same requirements and procedures | ||||||
| 16 | as other State police officers. A person appointed under this | ||||||
| 17 | subsection must serve a probationary period of 12 months from | ||||||
| 18 | the date of appointment, during which he or she may be | ||||||
| 19 | discharged at the will of the Director. | ||||||
| 20 | This subsection (c) does not affect or limit the | ||||||
| 21 | Director's authority to appoint other State Police officers | ||||||
| 22 | under subsection (a) of this Section. | ||||||
| 23 | (d) During the 180 days following January 1, 2022 (the | ||||||
| 24 | effective date of Public Act 101-652), the Director of the | ||||||
| 25 | Illinois State Police may appoint current Illinois State | ||||||
| 26 | Police employees serving in law enforcement officer positions | ||||||
| |||||||
| |||||||
| 1 | previously within Central Management Services as State Police | ||||||
| 2 | officers. These appointments shall be made in accordance with | ||||||
| 3 | the requirements of this subsection (d) and any institutional | ||||||
| 4 | criteria that may be established by the Director, but are not | ||||||
| 5 | subject to any other requirements of this Act. All | ||||||
| 6 | appointments under this subsection (d) shall be made from | ||||||
| 7 | personnel certified by the Board. A person certified by the | ||||||
| 8 | Board and appointed by the Director under this subsection must | ||||||
| 9 | have been employed by a State agency, board, or commission on | ||||||
| 10 | January 1, 2021 in a job title subject to the Personnel Code | ||||||
| 11 | and in a position for which the person was eligible to earn | ||||||
| 12 | "eligible creditable service" as a "noncovered employee", as | ||||||
| 13 | those terms are defined in Article 14 of the Illinois Pension | ||||||
| 14 | Code. Persons appointed under this subsection (d) shall | ||||||
| 15 | thereafter be subject to the same requirements, and subject to | ||||||
| 16 | the same contractual benefits and obligations, as other State | ||||||
| 17 | police officers. This subsection (d) does not affect or limit | ||||||
| 18 | the Director's authority to appoint other State Police | ||||||
| 19 | officers under subsection (a) of this Section. | ||||||
| 20 | (e) The Merit Board shall review Illinois State Police | ||||||
| 21 | Cadet applicants. The Illinois State Police may provide | ||||||
| 22 | background check and investigation material to the Board for | ||||||
| 23 | its review pursuant to this Section. The Board shall approve | ||||||
| 24 | and ensure that no cadet applicant is certified unless the | ||||||
| 25 | applicant is a person of good character and has not been | ||||||
| 26 | convicted of, or entered a plea of guilty to, a felony offense, | ||||||
| |||||||
| |||||||
| 1 | any of the misdemeanors specified in this Section or if | ||||||
| 2 | committed in any other state would be an offense similar to | ||||||
| 3 | Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, | ||||||
| 4 | 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, | ||||||
| 5 | 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
| 6 | violation of any Section of Part E of Title III of the Criminal | ||||||
| 7 | Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of | ||||||
| 8 | the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 9 | subsection (a) of Section 17-32 of the Criminal Code of 1961 or | ||||||
| 10 | the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis | ||||||
| 11 | Control Act, or any felony or misdemeanor in violation of | ||||||
| 12 | federal law or the law of any state that is the equivalent of | ||||||
| 13 | any of the offenses specified therein. The Officer | ||||||
| 14 | Professional Conduct Database, provided for in Section 9.2 of | ||||||
| 15 | the Illinois Police Training Act, shall be searched as part of | ||||||
| 16 | this process. For purposes of this Section, "convicted of, or | ||||||
| 17 | entered a plea of guilty" regardless of whether the | ||||||
| 18 | adjudication of guilt or sentence is withheld or not entered | ||||||
| 19 | thereon. This includes sentences of supervision, conditional | ||||||
| 20 | discharge, or first offender probation, or any similar | ||||||
| 21 | disposition provided for by law. | ||||||
| 22 | (f) The Board shall by rule establish an application fee | ||||||
| 23 | waiver program for any person who meets one or more of the | ||||||
| 24 | following criteria: | ||||||
| 25 | (1) his or her available personal income is 200% or | ||||||
| 26 | less of the current poverty level; or | ||||||
| |||||||
| |||||||
| 1 | (2) he or she is, in the discretion of the Board, | ||||||
| 2 | unable to proceed in an action with payment of application | ||||||
| 3 | fee and payment of that fee would result in substantial | ||||||
| 4 | hardship to the person or the person's family. | ||||||
| 5 | (Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22; | ||||||
| 6 | 102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-312, eff. | ||||||
| 7 | 1-1-24.) | ||||||
| 8 | (20 ILCS 2610/6.5 rep.) | ||||||
| 9 | (20 ILCS 2610/11.5 rep.) | ||||||
| 10 | (20 ILCS 2610/11.6 rep.) | ||||||
| 11 | (20 ILCS 2610/12.6 rep.) | ||||||
| 12 | (20 ILCS 2610/12.7 rep.) | ||||||
| 13 | (20 ILCS 2610/40.1 rep.) | ||||||
| 14 | (20 ILCS 2610/46 rep.) | ||||||
| 15 | Section 400. The State Police Act is amended by repealing | ||||||
| 16 | Sections 6.5, 11.5, 11.6, 12.6, 12.7, 40.1, and 46. | ||||||
| 17 | Section 405. The Illinois Police Training Act is amended | ||||||
| 18 | by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10, | ||||||
| 19 | 10.1, 10.2, 10.3, 10.11, 10.18, 10.19, and 10.20 and by adding | ||||||
| 20 | Section 10.5-1 as follows: | ||||||
| 21 | (50 ILCS 705/2) (from Ch. 85, par. 502) | ||||||
| 22 | (Text of Section before amendment by P.A. 104-159) | ||||||
| 23 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| |||||||
| |||||||
| 1 | context otherwise requires: | ||||||
| 2 | "Board" means the Illinois Law Enforcement Training | ||||||
| 3 | Standards Board. | ||||||
| 4 | "County corrections officer" means any sworn officer of | ||||||
| 5 | the sheriff who is primarily responsible for the control and | ||||||
| 6 | custody of offenders, detainees or inmates. | ||||||
| 7 | "Court security officer" has the meaning ascribed to it in | ||||||
| 8 | Section 3-6012.1 of the Counties Code. | ||||||
| 9 | "Law enforcement officer" means (i) any police officer of | ||||||
| 10 | a local governmental agency who is primarily responsible for | ||||||
| 11 | prevention or detection of crime and the enforcement of the | ||||||
| 12 | criminal code, traffic, or highway laws of this State or any | ||||||
| 13 | political subdivision of this State or (ii) any member of a | ||||||
| 14 | police force appointed and maintained as provided in Section 2 | ||||||
| 15 | of the Railroad Police Act. | ||||||
| 16 | "Local governmental agency" means any local governmental | ||||||
| 17 | unit or municipal corporation in this State. It does not | ||||||
| 18 | include the State of Illinois or any office, officer, | ||||||
| 19 | department, division, bureau, board, commission, or agency of | ||||||
| 20 | the State, except that it does include a State-controlled | ||||||
| 21 | university, college or public community college. | ||||||
| 22 | "Part-time police officer" means a law enforcement officer | ||||||
| 23 | who has completed his or her probationary period and is | ||||||
| 24 | employed on a part-time basis as a law enforcement officer by a | ||||||
| 25 | participating unit of local government or as a campus | ||||||
| 26 | policeman by a participating State-controlled university, | ||||||
| |||||||
| |||||||
| 1 | college, or public community college. | ||||||
| 2 | | ||||||
| 3 | "Permanent county corrections officer" means a county | ||||||
| 4 | corrections officer who has completed his probationary period | ||||||
| 5 | and is permanently employed on a full-time basis as a county | ||||||
| 6 | corrections officer by a participating local governmental | ||||||
| 7 | unit. | ||||||
| 8 | "Permanent police officer" means a law enforcement officer | ||||||
| 9 | who has completed his or her probationary period and is | ||||||
| 10 | permanently employed on a full-time basis as a local law | ||||||
| 11 | enforcement officer by a participating local governmental unit | ||||||
| 12 | or as a security officer or campus policeman permanently | ||||||
| 13 | employed by a participating State-controlled university, | ||||||
| 14 | college, or public community college. | ||||||
| 15 | "Police training school" means any school located within | ||||||
| 16 | the State of Illinois whether privately or publicly owned | ||||||
| 17 | which offers a course in police or county corrections training | ||||||
| 18 | and has been approved by the Board. | ||||||
| 19 | "Probationary county corrections officer" means a recruit | ||||||
| 20 | county corrections officer required to successfully complete | ||||||
| 21 | initial minimum basic training requirements at a police | ||||||
| 22 | training school to be eligible for permanent employment on a | ||||||
| 23 | full-time basis as a county corrections officer. | ||||||
| 24 | "Probationary court security officer" means a recruit | ||||||
| 25 | court security officer required to successfully complete | ||||||
| 26 | initial minimum basic training requirements at a designated | ||||||
| |||||||
| |||||||
| 1 | training school to be eligible for employment as a court | ||||||
| 2 | security officer. | ||||||
| 3 | "Probationary police officer" means a recruit law | ||||||
| 4 | enforcement officer required to successfully complete initial | ||||||
| 5 | minimum basic training requirements at a police training | ||||||
| 6 | school to be eligible for permanent full-time employment as a | ||||||
| 7 | local law enforcement officer. | ||||||
| 8 | "Probationary part-time police officer" means a recruit | ||||||
| 9 | part-time law enforcement officer required to successfully | ||||||
| 10 | complete initial minimum part-time training requirements to be | ||||||
| 11 | eligible for employment on a part-time basis as a local law | ||||||
| 12 | enforcement officer. | ||||||
| 13 | "Permanent court security officer" means a court security | ||||||
| 14 | officer who has completed his or her probationary period and | ||||||
| 15 | is employed as a court security officer by a participating | ||||||
| 16 | local governmental unit. | ||||||
| 17 | "Recruit" means any full-time or part-time law enforcement | ||||||
| 18 | officer or full-time county corrections officer who is | ||||||
| 19 | enrolled in an approved training course. | ||||||
| 20 | "Board" means the Illinois Law Enforcement Training | ||||||
| 21 | Standards Board. | ||||||
| 22 | "Full-time law enforcement officer" means a law | ||||||
| 23 | enforcement officer who has completed the officer's | ||||||
| 24 | probationary period and is employed on a full-time basis as a | ||||||
| 25 | law enforcement officer by a local government agency, State | ||||||
| 26 | government agency, or as a campus police officer by a | ||||||
| |||||||
| |||||||
| 1 | university, college, or community college. | ||||||
| 2 | "Law Enforcement agency" means any entity with statutory | ||||||
| 3 | police powers and the ability to employ individuals authorized | ||||||
| 4 | to make arrests. It does not include the Illinois State Police | ||||||
| 5 | as defined in the State Police Act. A law enforcement agency | ||||||
| 6 | may include any university, college, or community college. | ||||||
| 7 | "Local law enforcement agency" means any law enforcement | ||||||
| 8 | unit of government or municipal corporation in this State. It | ||||||
| 9 | does not include the State of Illinois or any office, officer, | ||||||
| 10 | department, division, bureau, board, commission, or agency of | ||||||
| 11 | the State, except that it does include a State-controlled | ||||||
| 12 | university, college or public community college. | ||||||
| 13 | "State law enforcement agency" means any law enforcement | ||||||
| 14 | agency of this State. This includes any office, officer, | ||||||
| 15 | department, division, bureau, board, commission, or agency of | ||||||
| 16 | the State. It does not include the Illinois State Police as | ||||||
| 17 | defined in the State Police Act. | ||||||
| 18 | "Panel" means the Certification Review Panel. | ||||||
| 19 | "Basic training school" means any school located within | ||||||
| 20 | the State of Illinois whether privately or publicly owned | ||||||
| 21 | which offers a course in basic law enforcement or county | ||||||
| 22 | corrections training and has been approved by the Board. | ||||||
| 23 | "Probationary police officer" means a recruit law | ||||||
| 24 | enforcement officer required to successfully complete initial | ||||||
| 25 | minimum basic training requirements at a basic training school | ||||||
| 26 | to be eligible for permanent full-time employment as a local | ||||||
| |||||||
| |||||||
| 1 | law enforcement officer. | ||||||
| 2 | "Probationary part-time police officer" means a recruit | ||||||
| 3 | part-time law enforcement officer required to successfully | ||||||
| 4 | complete initial minimum part-time training requirements to be | ||||||
| 5 | eligible for employment on a part-time basis as a local law | ||||||
| 6 | enforcement officer. | ||||||
| 7 | "Permanent law enforcement officer" means a law | ||||||
| 8 | enforcement officer who has completed the officer's | ||||||
| 9 | probationary period and is permanently employed on a full-time | ||||||
| 10 | basis as a local law enforcement officer, as a security | ||||||
| 11 | officer, or campus police officer permanently employed by a | ||||||
| 12 | law enforcement agency. | ||||||
| 13 | "Part-time law enforcement officer" means a law | ||||||
| 14 | enforcement officer who has completed the officer's | ||||||
| 15 | probationary period and is employed on a part-time basis as a | ||||||
| 16 | law enforcement officer or as a campus police officer by a law | ||||||
| 17 | enforcement agency. | ||||||
| 18 | "Law enforcement officer" means (i) any police officer of | ||||||
| 19 | a law enforcement agency who is primarily responsible for | ||||||
| 20 | prevention or detection of crime and the enforcement of the | ||||||
| 21 | criminal code, traffic, or highway laws of this State or any | ||||||
| 22 | political subdivision of this State or (ii) any member of a | ||||||
| 23 | police force appointed and maintained as provided in Section 2 | ||||||
| 24 | of the Railroad Police Act. | ||||||
| 25 | "Recruit" means any full-time or part-time law enforcement | ||||||
| 26 | officer or full-time county corrections officer who is | ||||||
| |||||||
| |||||||
| 1 | enrolled in an approved training course. | ||||||
| 2 | "Review Committee" means the committee at the Board for | ||||||
| 3 | certification disciplinary cases in which the Panel, a law | ||||||
| 4 | enforcement officer, or a law enforcement agency may file for | ||||||
| 5 | reconsideration of a decertification decision made by the | ||||||
| 6 | Board. | ||||||
| 7 | "Probationary county corrections officer" means a recruit | ||||||
| 8 | county corrections officer required to successfully complete | ||||||
| 9 | initial minimum basic training requirements at a basic | ||||||
| 10 | training school to be eligible for permanent employment on a | ||||||
| 11 | full-time basis as a county corrections officer. | ||||||
| 12 | "Permanent county corrections officer" means a county | ||||||
| 13 | corrections officer who has completed the officer's | ||||||
| 14 | probationary period and is permanently employed on a full-time | ||||||
| 15 | basis as a county corrections officer by a participating law | ||||||
| 16 | enforcement agency. | ||||||
| 17 | "County corrections officer" means any sworn officer of | ||||||
| 18 | the sheriff who is primarily responsible for the control and | ||||||
| 19 | custody of offenders, detainees or inmates. | ||||||
| 20 | "Probationary court security officer" means a recruit | ||||||
| 21 | court security officer required to successfully complete | ||||||
| 22 | initial minimum basic training requirements at a designated | ||||||
| 23 | training school to be eligible for employment as a court | ||||||
| 24 | security officer. | ||||||
| 25 | "Permanent court security officer" means a court security | ||||||
| 26 | officer who has completed the officer's probationary period | ||||||
| |||||||
| |||||||
| 1 | and is employed as a court security officer by a participating | ||||||
| 2 | law enforcement agency. | ||||||
| 3 | "Court security officer" has the meaning ascribed to it in | ||||||
| 4 | Section 3-6012.1 of the Counties Code. | ||||||
| 5 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | ||||||
| 6 | (Text of Section after amendment by P.A. 104-159) | ||||||
| 7 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
| 8 | context otherwise requires: | ||||||
| 9 | "Board" means the Illinois Law Enforcement Training | ||||||
| 10 | Standards Board. | ||||||
| 11 | "County corrections officer" means any sworn officer of | ||||||
| 12 | the sheriff who is primarily responsible for the control and | ||||||
| 13 | custody of offenders, detainees or inmates | ||||||
| 14 | "Court security officer" has the meaning ascribed to it in | ||||||
| 15 | Section 3-6012.1 of the Counties Code. | ||||||
| 16 | "Law enforcement officer" means (i) any police officer of | ||||||
| 17 | a local governmental agency who is primarily responsible for | ||||||
| 18 | prevention or detection of crime and the enforcement of the | ||||||
| 19 | criminal code, traffic, or highway laws of this State or any | ||||||
| 20 | political subdivision of this State or (ii) any member of a | ||||||
| 21 | police force appointed and maintained as provided in Section 2 | ||||||
| 22 | of the Railroad Police Act. | ||||||
| 23 | "Local governmental agency" means any local governmental | ||||||
| 24 | unit or municipal corporation in this State. It does not | ||||||
| 25 | include the State of Illinois or any office, officer, | ||||||
| |||||||
| |||||||
| 1 | department, division, bureau, board, commission, or agency of | ||||||
| 2 | the State, except that it does include a State-controlled | ||||||
| 3 | university, college or public community college. | ||||||
| 4 | "Part-time police officer" means a law enforcement officer | ||||||
| 5 | who has completed his or her probationary period and is | ||||||
| 6 | employed on a part-time basis as a law enforcement officer by a | ||||||
| 7 | participating unit of local government or as a campus | ||||||
| 8 | policeman by a participating State-controlled university, | ||||||
| 9 | college, or public community college. | ||||||
| 10 | "Permanent county corrections officer" means a county | ||||||
| 11 | corrections officer who has completed his probationary period | ||||||
| 12 | and is permanently employed on a full-time basis as a county | ||||||
| 13 | corrections officer by a participating local governmental | ||||||
| 14 | unit. | ||||||
| 15 | "Permanent court security officer" means a court security | ||||||
| 16 | officer who has completed his or her probationary period and | ||||||
| 17 | is employed as a court security officer by a participating | ||||||
| 18 | local governmental unit. | ||||||
| 19 | "Permanent police officer" means a law enforcement officer | ||||||
| 20 | who has completed his or her probationary period and is | ||||||
| 21 | permanently employed on a full-time basis as a local law | ||||||
| 22 | enforcement officer by a participating local governmental unit | ||||||
| 23 | or as a security officer or campus policeman permanently | ||||||
| 24 | employed by a participating State-controlled university, | ||||||
| 25 | college, or public community college. | ||||||
| 26 | "Police training school" means any school located within | ||||||
| |||||||
| |||||||
| 1 | the State of Illinois whether privately or publicly owned | ||||||
| 2 | which offers a course in police or county corrections training | ||||||
| 3 | and has been approved by the Board. | ||||||
| 4 | "Probationary county corrections officer" means a recruit | ||||||
| 5 | county corrections officer required to successfully complete | ||||||
| 6 | initial minimum basic training requirements at a police | ||||||
| 7 | training school to be eligible for permanent employment on a | ||||||
| 8 | full-time basis as a county corrections officer. | ||||||
| 9 | "Probationary court security officer" means a recruit | ||||||
| 10 | court security officer required to successfully complete | ||||||
| 11 | initial minimum basic training requirements at a designated | ||||||
| 12 | training school to be eligible for employment as a court | ||||||
| 13 | security officer. | ||||||
| 14 | "Probationary part-time police officer" means a recruit | ||||||
| 15 | part-time law enforcement officer required to successfully | ||||||
| 16 | complete initial minimum part-time training requirements to be | ||||||
| 17 | eligible for employment on a part-time basis as a local law | ||||||
| 18 | enforcement officer. | ||||||
| 19 | "Probationary police officer" means a recruit law | ||||||
| 20 | enforcement officer required to successfully complete initial | ||||||
| 21 | minimum basic training requirements at a police training | ||||||
| 22 | school to be eligible for permanent full-time employment as a | ||||||
| 23 | local law enforcement officer. | ||||||
| 24 | "Recruit" means any full-time or part-time law enforcement | ||||||
| 25 | officer or full-time county corrections officer who is | ||||||
| 26 | enrolled in an approved training course. | ||||||
| |||||||
| |||||||
| 1 | "Board" means the Illinois Law Enforcement Training | ||||||
| 2 | Standards Board. | ||||||
| 3 | "Full-time law enforcement officer" means a law | ||||||
| 4 | enforcement officer who has completed the officer's | ||||||
| 5 | probationary period and is employed on a full-time basis as a | ||||||
| 6 | law enforcement officer by a local government agency, State | ||||||
| 7 | government agency, or as a campus police officer by a | ||||||
| 8 | university, college, or community college. | ||||||
| 9 | "Law Enforcement agency" means any entity with statutory | ||||||
| 10 | police powers and the ability to employ individuals authorized | ||||||
| 11 | to make arrests. It does not include the Illinois State Police | ||||||
| 12 | as defined in the State Police Act. A law enforcement agency | ||||||
| 13 | may include any university, college, or community college. | ||||||
| 14 | "Local law enforcement agency" means any law enforcement | ||||||
| 15 | unit of government or municipal corporation in this State. It | ||||||
| 16 | does not include the State of Illinois or any office, officer, | ||||||
| 17 | department, division, bureau, board, commission, or agency of | ||||||
| 18 | the State, except that it does include a State-controlled | ||||||
| 19 | university, college or public community college. | ||||||
| 20 | "State law enforcement agency" means any law enforcement | ||||||
| 21 | agency of this State. This includes any office, officer, | ||||||
| 22 | department, division, bureau, board, commission, or agency of | ||||||
| 23 | the State. It does not include the Illinois State Police as | ||||||
| 24 | defined in the State Police Act. | ||||||
| 25 | "Panel" means the Certification Review Panel. | ||||||
| 26 | "Basic training school" means any school located within | ||||||
| |||||||
| |||||||
| 1 | the State of Illinois whether privately or publicly owned | ||||||
| 2 | which offers a course in basic law enforcement or county | ||||||
| 3 | corrections training and has been approved by the Board. | ||||||
| 4 | "Probationary police officer" means a recruit law | ||||||
| 5 | enforcement officer required to successfully complete initial | ||||||
| 6 | minimum basic training requirements at a basic training school | ||||||
| 7 | to be eligible for permanent full-time employment as a local | ||||||
| 8 | law enforcement officer. | ||||||
| 9 | "Probationary part-time police officer" means a recruit | ||||||
| 10 | part-time law enforcement officer required to successfully | ||||||
| 11 | complete initial minimum part-time training requirements to be | ||||||
| 12 | eligible for employment on a part-time basis as a local law | ||||||
| 13 | enforcement officer. | ||||||
| 14 | "Permanent law enforcement officer" means a law | ||||||
| 15 | enforcement officer who has completed the officer's | ||||||
| 16 | probationary period and is permanently employed on a full-time | ||||||
| 17 | basis as a local law enforcement officer, as a security | ||||||
| 18 | officer, or campus police officer permanently employed by a | ||||||
| 19 | law enforcement agency. | ||||||
| 20 | "Part-time law enforcement officer" means a law | ||||||
| 21 | enforcement officer who has completed the officer's | ||||||
| 22 | probationary period and is employed on a part-time basis as a | ||||||
| 23 | law enforcement officer or as a campus police officer by a law | ||||||
| 24 | enforcement agency. | ||||||
| 25 | "Law enforcement officer" means (i) any police officer of | ||||||
| 26 | a law enforcement agency who is primarily responsible for | ||||||
| |||||||
| |||||||
| 1 | prevention or detection of crime and the enforcement of the | ||||||
| 2 | criminal code, traffic, or highway laws of this State or any | ||||||
| 3 | political subdivision of this State or (ii) any member of a | ||||||
| 4 | police force appointed and maintained as provided in Section 2 | ||||||
| 5 | of the Railroad Police Act. | ||||||
| 6 | "Recruit" means any full-time or part-time law enforcement | ||||||
| 7 | officer or full-time county corrections officer who is | ||||||
| 8 | enrolled in an approved training course. | ||||||
| 9 | "Review Committee" means the committee at the Board for | ||||||
| 10 | certification disciplinary cases in which the Panel, a law | ||||||
| 11 | enforcement officer, or a law enforcement agency may file for | ||||||
| 12 | reconsideration of a decertification decision made by the | ||||||
| 13 | Board. | ||||||
| 14 | "Probationary county corrections officer" means a recruit | ||||||
| 15 | county corrections officer required to successfully complete | ||||||
| 16 | initial minimum basic training requirements at a basic | ||||||
| 17 | training school to be eligible for permanent employment on a | ||||||
| 18 | full-time basis as a county corrections officer. | ||||||
| 19 | "Permanent county corrections officer" means a county | ||||||
| 20 | corrections officer who has completed the officer's | ||||||
| 21 | probationary period and is permanently employed on a full-time | ||||||
| 22 | basis as a county corrections officer by a participating law | ||||||
| 23 | enforcement agency. | ||||||
| 24 | "County corrections officer" means any sworn officer of | ||||||
| 25 | the sheriff who is primarily responsible for the control and | ||||||
| 26 | custody of offenders, detainees or inmates. | ||||||
| |||||||
| |||||||
| 1 | "Probationary court security officer" means a recruit | ||||||
| 2 | court security officer required to successfully complete | ||||||
| 3 | initial minimum basic training requirements at a designated | ||||||
| 4 | training school to be eligible for employment as a court | ||||||
| 5 | security officer. | ||||||
| 6 | "Permanent court security officer" means a court security | ||||||
| 7 | officer who has completed the officer's probationary period | ||||||
| 8 | and is employed as a court security officer by a participating | ||||||
| 9 | law enforcement agency. | ||||||
| 10 | "Court security officer" has the meaning ascribed to it in | ||||||
| 11 | Section 3-6012.1 of the Counties Code. | ||||||
| 12 | "Trauma" means physical or emotional harm resulting from | ||||||
| 13 | an event, series of events, or set of circumstances that has | ||||||
| 14 | led to lasting adverse effects on an individual's mental, | ||||||
| 15 | physical, social, emotional, and spiritual well-being. | ||||||
| 16 | "Trauma-informed response" means a program, organization, | ||||||
| 17 | or system that is trauma-informed; realizes the widespread | ||||||
| 18 | impact of trauma and understands potential paths for recovery; | ||||||
| 19 | recognizes the signs and symptoms of trauma in clients, | ||||||
| 20 | families, staff, and others involved with the system; and | ||||||
| 21 | responds by fully integrating knowledge about trauma into | ||||||
| 22 | policies, procedures, and practices, and seeks to actively | ||||||
| 23 | avoid re-traumatization and to restore autonomy and stability | ||||||
| 24 | to survivors. | ||||||
| 25 | (Source: P.A. 104-159, eff. 1-1-26.) | ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/3) (from Ch. 85, par. 503) | ||||||
| 2 | Sec. 3. Board; composition; appointments; tenure; | ||||||
| 3 | vacancies. | ||||||
| 4 | (a) The Board shall be composed of 18 members selected as | ||||||
| 5 | follows: The Attorney General of the State of Illinois, the | ||||||
| 6 | Director of the Illinois State Police, the Director of | ||||||
| 7 | Corrections, the Superintendent of the Chicago Police | ||||||
| 8 | Department, the Sheriff of Cook County, the Clerk of the | ||||||
| 9 | Circuit Court of Cook County, who shall serve as ex officio | ||||||
| 10 | members, and the following to be appointed by the Governor: 2 | ||||||
| 11 | mayors or village presidents of Illinois municipalities, 2 | ||||||
| 12 | Illinois county sheriffs from counties other than Cook County, | ||||||
| 13 | 2 managers of Illinois municipalities, 2 chiefs of municipal | ||||||
| 14 | police departments in Illinois having no Superintendent of the | ||||||
| 15 | Police Department on the Board, 2 citizens of Illinois who | ||||||
| 16 | shall be members of an organized enforcement officers' | ||||||
| 17 | association, one active member of a statewide association | ||||||
| 18 | representing sheriffs, and one active member of a statewide | ||||||
| 19 | association representing municipal police chiefs. The | ||||||
| 20 | appointments of the Governor shall be made on the first Monday | ||||||
| 21 | of August in 1965 with 3 of the appointments to be for a period | ||||||
| 22 | of one year, 3 for 2 years, and 3 for 3 years. Their successors | ||||||
| 23 | shall be appointed in like manner for terms to expire the first | ||||||
| 24 | Monday of August each 3 years thereafter. All members shall | ||||||
| 25 | serve until their respective successors are appointed and | ||||||
| 26 | qualify. Vacancies shall be filled by the Governor for the | ||||||
| |||||||
| |||||||
| 1 | unexpired terms. Any ex officio member may appoint a designee | ||||||
| 2 | to the Board who shall have the same powers and immunities | ||||||
| 3 | otherwise conferred to the member of the Board, including the | ||||||
| 4 | power to vote and be counted toward quorum, so long as the | ||||||
| 5 | member is not in attendance. | ||||||
| 6 | (a-5) Within the Board is created a Review Committee. The | ||||||
| 7 | Review Committee shall review disciplinary cases in which the | ||||||
| 8 | Panel, the law enforcement officer, or the law enforcement | ||||||
| 9 | agency file for reconsideration of a decertification decision | ||||||
| 10 | made by the Board. The Review Committee shall be composed of 9 | ||||||
| 11 | annually rotating members from the Board appointed by the | ||||||
| 12 | Board Chairman. One member of the Review Committee shall be | ||||||
| 13 | designated by the Board Chairman as the Chair. The Review | ||||||
| 14 | Committee shall sit in 3 member panels composed of one member | ||||||
| 15 | representing law enforcement management, one member | ||||||
| 16 | representing members of law enforcement, and one member who is | ||||||
| 17 | not a current or former member of law enforcement. | ||||||
| 18 | (b) When a Board member may have an actual, perceived, or | ||||||
| 19 | potential conflict of interest or appearance of bias that | ||||||
| 20 | could prevent the Board member from making a fair and | ||||||
| 21 | impartial decision regarding decertification: | ||||||
| 22 | (1) The Board member shall recuse himself or herself. | ||||||
| 23 | (2) If the Board member fails to recuse himself or | ||||||
| 24 | herself, then the Board may, by a simple majority of the | ||||||
| 25 | remaining members, vote to recuse the Board member. Board | ||||||
| 26 | members who are found to have voted on a matter in which | ||||||
| |||||||
| |||||||
| 1 | they should have recused themselves may be removed from | ||||||
| 2 | the Board by the Governor. | ||||||
| 3 | A conflict of interest or appearance of bias may include, | ||||||
| 4 | but is not limited to, matters where one of the following is a | ||||||
| 5 | party to a decision on a decertification or formal complaint: | ||||||
| 6 | someone with whom the member has an employment relationship; | ||||||
| 7 | any of the following relatives: spouse, parents, children, | ||||||
| 8 | adopted children, legal wards, stepchildren, step parents, | ||||||
| 9 | step siblings, half siblings, siblings, parents-in-law, | ||||||
| 10 | siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||||||
| 11 | nephews; a friend; or a member of a professional organization, | ||||||
| 12 | association, or a union in which the member now actively | ||||||
| 13 | serves. | ||||||
| 14 | (c) A vacancy in members does not prevent a quorum of the | ||||||
| 15 | remaining sitting members from exercising all rights and | ||||||
| 16 | performing all duties of the Board. | ||||||
| 17 | (d) An individual serving on the Board shall not also | ||||||
| 18 | serve on the Panel. | ||||||
| 19 | (Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
| 20 | 102-694, eff. 1-7-22.) | ||||||
| 21 | (50 ILCS 705/6) (from Ch. 85, par. 506) | ||||||
| 22 | Sec. 6. Powers and duties of the Board; selection and | ||||||
| 23 | certification of schools. The Board shall select and certify | ||||||
| 24 | schools within the State of Illinois for the purpose of | ||||||
| 25 | providing basic training for probationary police officers, | ||||||
| |||||||
| |||||||
| 1 | probationary county corrections officers, and court security | ||||||
| 2 | officers and of providing advanced or in-service training for | ||||||
| 3 | permanent police officers or permanent county corrections | ||||||
| 4 | officers, which schools may be either publicly or privately | ||||||
| 5 | owned and operated. In addition, the Board has the following | ||||||
| 6 | power and duties: | ||||||
| 7 | a. To require local governmental units to furnish such | ||||||
| 8 | reports and information as the Board deems necessary to | ||||||
| 9 | fully implement this Act. | ||||||
| 10 | b. To establish appropriate mandatory minimum | ||||||
| 11 | standards relating to the training of probationary local | ||||||
| 12 | police officers or probationary county corrections | ||||||
| 13 | officers, and in-service training of permanent law | ||||||
| 14 | enforcement officers. | ||||||
| 15 | c. To provide appropriate certification to those | ||||||
| 16 | probationary officers who successfully complete the | ||||||
| 17 | prescribed minimum standard basic training course. | ||||||
| 18 | d. To review and approve annual training curriculum | ||||||
| 19 | for county sheriffs. | ||||||
| 20 | e. To review and approve applicants to ensure that no | ||||||
| 21 | applicant is admitted to a certified academy unless the | ||||||
| 22 | applicant is a person of good character and has not been | ||||||
| 23 | convicted of, or entered a plea of guilty to, a felony | ||||||
| 24 | offense, any of the misdemeanors in Sections 11-1.50, | ||||||
| 25 | 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, | ||||||
| 26 | 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 | ||||||
| |||||||
| |||||||
| 1 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 2 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
| 3 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 4 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
| 5 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
| 6 | the Cannabis Control Act, or a crime involving moral | ||||||
| 7 | turpitude under the laws of this State or any other state | ||||||
| 8 | which if committed in this State would be punishable as a | ||||||
| 9 | felony or a crime of moral turpitude. The Board may | ||||||
| 10 | appoint investigators who shall enforce the duties | ||||||
| 11 | conferred upon the Board by this Act. | ||||||
| 12 | For purposes of this paragraph e, a person is | ||||||
| 13 | considered to have been convicted of, found guilty of, or | ||||||
| 14 | entered a plea of guilty to, plea of nolo contendere to | ||||||
| 15 | regardless of whether the adjudication of guilt or | ||||||
| 16 | sentence is withheld or not entered thereon. This includes | ||||||
| 17 | sentences of supervision, conditional discharge, or first | ||||||
| 18 | offender probation, or any similar disposition provided | ||||||
| 19 | for by law. | ||||||
| 20 | The Board shall select and certify schools within the State of | ||||||
| 21 | Illinois for the purpose of providing basic training for | ||||||
| 22 | probationary law enforcement officers, probationary county | ||||||
| 23 | corrections officers, and court security officers and of | ||||||
| 24 | providing advanced or in-service training for permanent law | ||||||
| 25 | enforcement officers or permanent county corrections officers, | ||||||
| 26 | which schools may be either publicly or privately owned and | ||||||
| |||||||
| |||||||
| 1 | operated. In addition, the Board has the following power and | ||||||
| 2 | duties: | ||||||
| 3 | a. To require law enforcement agencies to furnish such | ||||||
| 4 | reports and information as the Board deems necessary to | ||||||
| 5 | fully implement this Act. | ||||||
| 6 | b. To establish appropriate mandatory minimum | ||||||
| 7 | standards relating to the training of probationary local | ||||||
| 8 | law enforcement officers or probationary county | ||||||
| 9 | corrections officers, and in-service training of permanent | ||||||
| 10 | law enforcement officers. | ||||||
| 11 | c. To provide appropriate certification to those | ||||||
| 12 | probationary officers who successfully complete the | ||||||
| 13 | prescribed minimum standard basic training course. | ||||||
| 14 | d. To review and approve annual training curriculum | ||||||
| 15 | for county sheriffs. | ||||||
| 16 | e. To review and approve applicants to ensure that no | ||||||
| 17 | applicant is admitted to a certified academy unless the | ||||||
| 18 | applicant is a person of good character and has not been | ||||||
| 19 | convicted of, found guilty of, entered a plea of guilty | ||||||
| 20 | to, or entered a plea of nolo contendere to a felony | ||||||
| 21 | offense, any of the misdemeanors in Sections 11-1.50, | ||||||
| 22 | 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1, | ||||||
| 23 | 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2, | ||||||
| 24 | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
| 25 | violation of any Section of Part E of Title III of the | ||||||
| 26 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| |||||||
| |||||||
| 1 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
| 2 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
| 3 | the Cannabis Control Act, or a crime involving moral | ||||||
| 4 | turpitude under the laws of this State or any other state | ||||||
| 5 | which if committed in this State would be punishable as a | ||||||
| 6 | felony or a crime of moral turpitude, or any felony or | ||||||
| 7 | misdemeanor in violation of federal law or the law of any | ||||||
| 8 | state that is the equivalent of any of the offenses | ||||||
| 9 | specified therein. The Board may appoint investigators who | ||||||
| 10 | shall enforce the duties conferred upon the Board by this | ||||||
| 11 | Act. | ||||||
| 12 | For purposes of this paragraph e, a person is | ||||||
| 13 | considered to have been convicted of, found guilty of, or | ||||||
| 14 | entered a plea of guilty to, plea of nolo contendere to | ||||||
| 15 | regardless of whether the adjudication of guilt or | ||||||
| 16 | sentence is withheld or not entered thereon. This includes | ||||||
| 17 | sentences of supervision, conditional discharge, or first | ||||||
| 18 | offender probation, or any similar disposition provided | ||||||
| 19 | for by law. | ||||||
| 20 | f. To establish statewide standards for minimum | ||||||
| 21 | standards regarding regular mental health screenings for | ||||||
| 22 | probationary and permanent police officers, ensuring that | ||||||
| 23 | counseling sessions and screenings remain confidential. | ||||||
| 24 | g. To review and ensure all law enforcement officers | ||||||
| 25 | remain in compliance with this Act, and any administrative | ||||||
| 26 | rules adopted under this Act. | ||||||
| |||||||
| |||||||
| 1 | h. To suspend any certificate for a definite period, | ||||||
| 2 | limit or restrict any certificate, or revoke any | ||||||
| 3 | certificate. | ||||||
| 4 | i. The Board and the Panel shall have power to secure | ||||||
| 5 | by its subpoena and bring before it any person or entity in | ||||||
| 6 | this State and to take testimony either orally or by | ||||||
| 7 | deposition or both with the same fees and mileage and in | ||||||
| 8 | the same manner as prescribed by law in judicial | ||||||
| 9 | proceedings in civil cases in circuit courts of this | ||||||
| 10 | State. The Board and the Panel shall also have the power to | ||||||
| 11 | subpoena the production of documents, papers, files, | ||||||
| 12 | books, documents, and records, whether in physical or | ||||||
| 13 | electronic form, in support of the charges and for | ||||||
| 14 | defense, and in connection with a hearing or | ||||||
| 15 | investigation. | ||||||
| 16 | j. The Executive Director, the administrative law | ||||||
| 17 | judge designated by the Executive Director, and each | ||||||
| 18 | member of the Board and the Panel shall have the power to | ||||||
| 19 | administer oaths to witnesses at any hearing that the | ||||||
| 20 | Board is authorized to conduct under this Act and any | ||||||
| 21 | other oaths required or authorized to be administered by | ||||||
| 22 | the Board under this Act. | ||||||
| 23 | k. In case of the neglect or refusal of any person to | ||||||
| 24 | obey a subpoena issued by the Board and the Panel, any | ||||||
| 25 | circuit court, upon application of the Board and the | ||||||
| 26 | Panel, through the Illinois Attorney General, may order | ||||||
| |||||||
| |||||||
| 1 | such person to appear before the Board and the Panel give | ||||||
| 2 | testimony or produce evidence, and any failure to obey | ||||||
| 3 | such order is punishable by the court as a contempt | ||||||
| 4 | thereof. This order may be served by personal delivery, by | ||||||
| 5 | email, or by mail to the address of record or email address | ||||||
| 6 | of record. | ||||||
| 7 | l. The Board shall have the power to administer state | ||||||
| 8 | certification examinations. Any and all records related to | ||||||
| 9 | these examinations, including, but not limited to, test | ||||||
| 10 | questions, test formats, digital files, answer responses, | ||||||
| 11 | answer keys, and scoring information shall be exempt from | ||||||
| 12 | disclosure. | ||||||
| 13 | m. To make grants, subject to appropriation, to units | ||||||
| 14 | of local government and public institutions of higher | ||||||
| 15 | education for the purposes of hiring and retaining law | ||||||
| 16 | enforcement officers. | ||||||
| 17 | n. To make grants, subject to appropriation, to local | ||||||
| 18 | law enforcement agencies for costs associated with the | ||||||
| 19 | expansion and support of National Integrated Ballistic | ||||||
| 20 | Information Network (NIBIN) and other ballistic technology | ||||||
| 21 | equipment for ballistic testing. | ||||||
| 22 | (Source: P.A. 102-687, eff. 12-17-21; 102-694, eff. 1-7-22; | ||||||
| 23 | 102-1115, eff. 1-9-23; 103-8, eff. 6-7-23.) | ||||||
| 24 | (50 ILCS 705/6.1) | ||||||
| 25 | Sec. 6.1. Decertification Automatic decertification of | ||||||
| |||||||
| |||||||
| 1 | full-time and part-time police law enforcement officers. | ||||||
| 2 | (a) The Board must review police officer conduct and | ||||||
| 3 | records to ensure that no police officer is certified or | ||||||
| 4 | provided a valid waiver if that police officer has been | ||||||
| 5 | convicted of, or entered a plea of guilty to, a felony offense | ||||||
| 6 | under the laws of this State or any other state which if | ||||||
| 7 | committed in this State would be punishable as a felony. The | ||||||
| 8 | Board must also ensure that no or officer is certified or | ||||||
| 9 | provided a valid waiver if that police officer has been | ||||||
| 10 | convicted of, or entered a plea of guilty to, any misdemeanor | ||||||
| 11 | specified in this Section or if committed in any other state | ||||||
| 12 | would be an offense similar to Section 11-1.50, 11-6, 11-9.1, | ||||||
| 13 | 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, | ||||||
| 14 | 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of | ||||||
| 15 | 1961 or the Criminal Code of 2012, to subdivision (a)(1) or | ||||||
| 16 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or | ||||||
| 17 | the Criminal Code of 2012, or subsection (a) of Section 17-32 | ||||||
| 18 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
| 19 | to Section 5 or 5.2 of the Cannabis Control Act. The Board must | ||||||
| 20 | appoint investigators to enforce the duties conferred upon the | ||||||
| 21 | Board by this Act. | ||||||
| 22 | (b) It is the responsibility of the sheriff or the chief | ||||||
| 23 | executive officer of every local law enforcement agency or | ||||||
| 24 | department within this State to report to the Board any | ||||||
| 25 | arrest, conviction, or plea of guilty of any officer for an | ||||||
| 26 | offense identified in this Section. | ||||||
| |||||||
| |||||||
| 1 | (c) It is the duty and responsibility of every full-time | ||||||
| 2 | and part-time police officer in this State to report to the | ||||||
| 3 | Board within 30 days, and the officer's sheriff or chief | ||||||
| 4 | executive officer, of his or her arrest, conviction, or plea | ||||||
| 5 | of guilty for an offense identified in this Section. Any | ||||||
| 6 | full-time or part-time police officer who knowingly makes, | ||||||
| 7 | submits, causes to be submitted, or files a false or | ||||||
| 8 | untruthful report to the Board must have his or her | ||||||
| 9 | certificate or waiver immediately decertified or revoked. | ||||||
| 10 | (d) Any person, or a local or State agency, or the Board is | ||||||
| 11 | immune from liability for submitting, disclosing, or releasing | ||||||
| 12 | information of arrests, convictions, or pleas of guilty in | ||||||
| 13 | this Section as long as the information is submitted, | ||||||
| 14 | disclosed, or released in good faith and without malice. The | ||||||
| 15 | Board has qualified immunity for the release of the | ||||||
| 16 | information. | ||||||
| 17 | (e) Any full-time or part-time police officer with a | ||||||
| 18 | certificate or waiver issued by the Board who is convicted of, | ||||||
| 19 | or entered a plea of guilty to, any offense described in this | ||||||
| 20 | Section immediately becomes decertified or no longer has a | ||||||
| 21 | valid waiver. The decertification and invalidity of waivers | ||||||
| 22 | occurs as a matter of law. Failure of a convicted person to | ||||||
| 23 | report to the Board his or her conviction as described in this | ||||||
| 24 | Section or any continued law enforcement practice after | ||||||
| 25 | receiving a conviction is a Class 4 felony. | ||||||
| 26 | (f) The Board's investigators are peace officers and have | ||||||
| |||||||
| |||||||
| 1 | all the powers possessed by policemen in cities and by | ||||||
| 2 | sheriffs, and these investigators may exercise those powers | ||||||
| 3 | anywhere in the State. An investigator shall not have peace | ||||||
| 4 | officer status or exercise police powers unless he or she | ||||||
| 5 | successfully completes the basic police training course | ||||||
| 6 | mandated and approved by the Board or the Board waives the | ||||||
| 7 | training requirement by reason of the investigator's prior law | ||||||
| 8 | enforcement experience, training, or both. The Board shall not | ||||||
| 9 | waive the training requirement unless the investigator has had | ||||||
| 10 | a minimum of 5 years experience as a sworn officer of a local, | ||||||
| 11 | State, or federal law enforcement agency. | ||||||
| 12 | (g) The Board must request and receive information and | ||||||
| 13 | assistance from any federal, state, or local governmental | ||||||
| 14 | agency as part of the authorized criminal background | ||||||
| 15 | investigation. The Illinois State Police must process, retain, | ||||||
| 16 | and additionally provide and disseminate information to the | ||||||
| 17 | Board concerning criminal charges, arrests, convictions, and | ||||||
| 18 | their disposition, that have been filed against a basic | ||||||
| 19 | academy applicant, law enforcement applicant, or law | ||||||
| 20 | enforcement officer whose fingerprint identification cards are | ||||||
| 21 | on file or maintained by the Illinois State Police. The | ||||||
| 22 | Federal Bureau of Investigation must provide the Board any | ||||||
| 23 | criminal history record information contained in its files | ||||||
| 24 | pertaining to law enforcement officers or any applicant to a | ||||||
| 25 | Board certified basic law enforcement academy as described in | ||||||
| 26 | this Act based on fingerprint identification. The Board must | ||||||
| |||||||
| |||||||
| 1 | make payment of fees to the Illinois State Police for each | ||||||
| 2 | fingerprint card submission in conformance with the | ||||||
| 3 | requirements of paragraph 22 of Section 55a of the Civil | ||||||
| 4 | Administrative Code of Illinois. | ||||||
| 5 | A police officer who has been certified or granted a valid | ||||||
| 6 | waiver shall also be decertified or have his or her waiver | ||||||
| 7 | revoked upon a determination by the Illinois Labor Relations | ||||||
| 8 | Board State Panel that he or she, while under oath, has | ||||||
| 9 | knowingly and willfully made false statements as to a material | ||||||
| 10 | fact going to an element of the offense of murder. If an appeal | ||||||
| 11 | is filed, the determination shall be stayed. | ||||||
| 12 | (1) In the case of an acquittal on a charge of murder, | ||||||
| 13 | a verified complaint may be filed: | ||||||
| 14 | (A) by the defendant; or | ||||||
| 15 | (B) by a police officer with personal knowledge of | ||||||
| 16 | perjured testimony. | ||||||
| 17 | The complaint must allege that a police officer, while | ||||||
| 18 | under oath, knowingly and willfully made false statements | ||||||
| 19 | as to a material fact going to an element of the offense of | ||||||
| 20 | murder. The verified complaint must be filed with the | ||||||
| 21 | Executive Director of the Illinois Law Enforcement | ||||||
| 22 | Training Standards Board within 2 years of the judgment of | ||||||
| 23 | acquittal. | ||||||
| 24 | (2) Within 30 days, the Executive Director of the | ||||||
| 25 | Illinois Law Enforcement Training Standards Board shall | ||||||
| 26 | review the verified complaint and determine whether the | ||||||
| |||||||
| |||||||
| 1 | verified complaint is frivolous and without merit, or | ||||||
| 2 | whether further investigation is warranted. The Illinois | ||||||
| 3 | Law Enforcement Training Standards Board shall notify the | ||||||
| 4 | officer and the Executive Director of the Illinois Labor | ||||||
| 5 | Relations Board State Panel of the filing of the complaint | ||||||
| 6 | and any action taken thereon. If the Executive Director of | ||||||
| 7 | the Illinois Law Enforcement Training Standards Board | ||||||
| 8 | determines that the verified complaint is frivolous and | ||||||
| 9 | without merit, it shall be dismissed. The Executive | ||||||
| 10 | Director of the Illinois Law Enforcement Training | ||||||
| 11 | Standards Board has sole discretion to make this | ||||||
| 12 | determination and this decision is not subject to appeal. | ||||||
| 13 | If the Executive Director of the Illinois Law Enforcement | ||||||
| 14 | Training Standards Board determines that the verified | ||||||
| 15 | complaint warrants further investigation, he or she shall | ||||||
| 16 | refer the matter to a task force of investigators created for | ||||||
| 17 | this purpose. This task force shall consist of 8 sworn police | ||||||
| 18 | officers: 2 from the Illinois State Police, 2 from the City of | ||||||
| 19 | Chicago Police Department, 2 from county police departments, | ||||||
| 20 | and 2 from municipal police departments. These investigators | ||||||
| 21 | shall have a minimum of 5 years of experience in conducting | ||||||
| 22 | criminal investigations. The investigators shall be appointed | ||||||
| 23 | by the Executive Director of the Illinois Law Enforcement | ||||||
| 24 | Training Standards Board. Any officer or officers acting in | ||||||
| 25 | this capacity pursuant to this statutory provision will have | ||||||
| 26 | statewide police authority while acting in this investigative | ||||||
| |||||||
| |||||||
| 1 | capacity. Their salaries and expenses for the time spent | ||||||
| 2 | conducting investigations under this paragraph shall be | ||||||
| 3 | reimbursed by the Illinois Law Enforcement Training Standards | ||||||
| 4 | Board. | ||||||
| 5 | Once the Executive Director of the Illinois Law | ||||||
| 6 | Enforcement Training Standards Board has determined that an | ||||||
| 7 | investigation is warranted, the verified complaint shall be | ||||||
| 8 | assigned to an investigator or investigators. The investigator | ||||||
| 9 | or investigators shall conduct an investigation of the | ||||||
| 10 | verified complaint and shall write a report of his or her | ||||||
| 11 | findings. This report shall be submitted to the Executive | ||||||
| 12 | Director of the Illinois Labor Relations Board State Panel. | ||||||
| 13 | Within 30 days, the Executive Director of the Illinois | ||||||
| 14 | Labor Relations Board State Panel shall review the | ||||||
| 15 | investigative report and determine whether sufficient evidence | ||||||
| 16 | exists to conduct an evidentiary hearing on the verified | ||||||
| 17 | complaint. If the Executive Director of the Illinois Labor | ||||||
| 18 | Relations Board State Panel determines upon his or her review | ||||||
| 19 | of the investigatory report that a hearing should not be | ||||||
| 20 | conducted, the complaint shall be dismissed. This decision is | ||||||
| 21 | in the Executive Director's sole discretion, and this | ||||||
| 22 | dismissal may not be appealed. | ||||||
| 23 | If the Executive Director of the Illinois Labor Relations | ||||||
| 24 | Board State Panel determines that there is sufficient evidence | ||||||
| 25 | to warrant a hearing, a hearing shall be ordered on the | ||||||
| 26 | verified complaint, to be conducted by an administrative law | ||||||
| |||||||
| |||||||
| 1 | judge employed by the Illinois Labor Relations Board State | ||||||
| 2 | Panel. The Executive Director of the Illinois Labor Relations | ||||||
| 3 | Board State Panel shall inform the Executive Director of the | ||||||
| 4 | Illinois Law Enforcement Training Standards Board and the | ||||||
| 5 | person who filed the complaint of either the dismissal of the | ||||||
| 6 | complaint or the issuance of the complaint for hearing. The | ||||||
| 7 | Executive Director shall assign the complaint to the | ||||||
| 8 | administrative law judge within 30 days of the decision | ||||||
| 9 | granting a hearing. | ||||||
| 10 | In the case of a finding of guilt on the offense of murder, | ||||||
| 11 | if a new trial is granted on direct appeal, or a state | ||||||
| 12 | post-conviction evidentiary hearing is ordered, based on a | ||||||
| 13 | claim that a police officer, under oath, knowingly and | ||||||
| 14 | willfully made false statements as to a material fact going to | ||||||
| 15 | an element of the offense of murder, the Illinois Labor | ||||||
| 16 | Relations Board State Panel shall hold a hearing to determine | ||||||
| 17 | whether the officer should be decertified if an interested | ||||||
| 18 | party requests such a hearing within 2 years of the court's | ||||||
| 19 | decision. The complaint shall be assigned to an administrative | ||||||
| 20 | law judge within 30 days so that a hearing can be scheduled. | ||||||
| 21 | At the hearing, the accused officer shall be afforded the | ||||||
| 22 | opportunity to: | ||||||
| 23 | (1) Be represented by counsel of his or her own | ||||||
| 24 | choosing; | ||||||
| 25 | (2) Be heard in his or her own defense; | ||||||
| 26 | (3) Produce evidence in his or her defense; | ||||||
| |||||||
| |||||||
| 1 | (4) Request that the Illinois Labor Relations Board | ||||||
| 2 | State Panel compel the attendance of witnesses and | ||||||
| 3 | production of related documents including but not limited | ||||||
| 4 | to court documents and records. | ||||||
| 5 | Once a case has been set for hearing, the verified | ||||||
| 6 | complaint shall be referred to the Department of Professional | ||||||
| 7 | Regulation. That office shall prosecute the verified complaint | ||||||
| 8 | at the hearing before the administrative law judge. The | ||||||
| 9 | Department of Professional Regulation shall have the | ||||||
| 10 | opportunity to produce evidence to support the verified | ||||||
| 11 | complaint and to request the Illinois Labor Relations Board | ||||||
| 12 | State Panel to compel the attendance of witnesses and the | ||||||
| 13 | production of related documents, including, but not limited | ||||||
| 14 | to, court documents and records. The Illinois Labor Relations | ||||||
| 15 | Board State Panel shall have the power to issue subpoenas | ||||||
| 16 | requiring the attendance of and testimony of witnesses and the | ||||||
| 17 | production of related documents including, but not limited to, | ||||||
| 18 | court documents and records and shall have the power to | ||||||
| 19 | administer oaths. | ||||||
| 20 | The administrative law judge shall have the responsibility | ||||||
| 21 | of receiving into evidence relevant testimony and documents, | ||||||
| 22 | including court records, to support or disprove the | ||||||
| 23 | allegations made by the person filing the verified complaint | ||||||
| 24 | and, at the close of the case, hear arguments. If the | ||||||
| 25 | administrative law judge finds that there is not clear and | ||||||
| 26 | convincing evidence to support the verified complaint that the | ||||||
| |||||||
| |||||||
| 1 | police officer has, while under oath, knowingly and willfully | ||||||
| 2 | made false statements as to a material fact going to an element | ||||||
| 3 | of the offense of murder, the administrative law judge shall | ||||||
| 4 | make a written recommendation of dismissal to the Illinois | ||||||
| 5 | Labor Relations Board State Panel. If the administrative law | ||||||
| 6 | judge finds that there is clear and convincing evidence that | ||||||
| 7 | the police officer has, while under oath, knowingly and | ||||||
| 8 | willfully made false statements as to a material fact that | ||||||
| 9 | goes to an element of the offense of murder, the | ||||||
| 10 | administrative law judge shall make a written recommendation | ||||||
| 11 | so concluding to the Illinois Labor Relations Board State | ||||||
| 12 | Panel. The hearings shall be transcribed. The Executive | ||||||
| 13 | Director of the Illinois Law Enforcement Training Standards | ||||||
| 14 | Board shall be informed of the administrative law judge's | ||||||
| 15 | recommended findings and decision and the Illinois Labor | ||||||
| 16 | Relations Board State Panel's subsequent review of the | ||||||
| 17 | recommendation. | ||||||
| 18 | An officer named in any complaint filed pursuant to this | ||||||
| 19 | Act shall be indemnified for his or her reasonable attorney's | ||||||
| 20 | fees and costs by his or her employer. These fees shall be paid | ||||||
| 21 | in a regular and timely manner. The State, upon application by | ||||||
| 22 | the public employer, shall reimburse the public employer for | ||||||
| 23 | the accused officer's reasonable attorney's fees and costs. At | ||||||
| 24 | no time and under no circumstances will the accused officer be | ||||||
| 25 | required to pay his or her own reasonable attorney's fees or | ||||||
| 26 | costs. | ||||||
| |||||||
| |||||||
| 1 | The accused officer shall not be placed on unpaid status | ||||||
| 2 | because of the filing or processing of the verified complaint | ||||||
| 3 | until there is a final non-appealable order sustaining his or | ||||||
| 4 | her guilt and his or her certification is revoked. Nothing in | ||||||
| 5 | this Act, however, restricts the public employer from pursuing | ||||||
| 6 | discipline against the officer in the normal course and under | ||||||
| 7 | procedures then in place. | ||||||
| 8 | The Illinois Labor Relations Board State Panel shall | ||||||
| 9 | review the administrative law judge's recommended decision and | ||||||
| 10 | order and determine by a majority vote whether or not there was | ||||||
| 11 | clear and convincing evidence that the accused officer, while | ||||||
| 12 | under oath, knowingly and willfully made false statements as | ||||||
| 13 | to a material fact going to the offense of murder. Within 30 | ||||||
| 14 | days of service of the administrative law judge's recommended | ||||||
| 15 | decision and order, the parties may file exceptions to the | ||||||
| 16 | recommended decision and order and briefs in support of their | ||||||
| 17 | exceptions with the Illinois Labor Relations Board State | ||||||
| 18 | Panel. The parties may file responses to the exceptions and | ||||||
| 19 | briefs in support of the responses no later than 15 days after | ||||||
| 20 | the service of the exceptions. If exceptions are filed by any | ||||||
| 21 | of the parties, the Illinois Labor Relations Board State Panel | ||||||
| 22 | shall review the matter and make a finding to uphold, vacate, | ||||||
| 23 | or modify the recommended decision and order. If the Illinois | ||||||
| 24 | Labor Relations Board State Panel concludes that there is | ||||||
| 25 | clear and convincing evidence that the accused officer, while | ||||||
| 26 | under oath, knowingly and willfully made false statements as | ||||||
| |||||||
| |||||||
| 1 | to a material fact going to an element of the offense murder, | ||||||
| 2 | the Illinois Labor Relations Board State Panel shall inform | ||||||
| 3 | the Illinois Law Enforcement Training Standards Board and the | ||||||
| 4 | Illinois Law Enforcement Training Standards Board shall revoke | ||||||
| 5 | the accused officer's certification. If the accused officer | ||||||
| 6 | appeals that determination to the Appellate Court, as provided | ||||||
| 7 | by this Act, he or she may petition the Appellate Court to stay | ||||||
| 8 | the revocation of his or her certification pending the court's | ||||||
| 9 | review of the matter. | ||||||
| 10 | None of the Illinois Labor Relations Board State Panel's | ||||||
| 11 | findings or determinations shall set any precedent in any of | ||||||
| 12 | its decisions decided pursuant to the Illinois Public Labor | ||||||
| 13 | Relations Act by the Illinois Labor Relations Board State | ||||||
| 14 | Panel or the courts. | ||||||
| 15 | A party aggrieved by the final order of the Illinois Labor | ||||||
| 16 | Relations Board State Panel may apply for and obtain judicial | ||||||
| 17 | review of an order of the Illinois Labor Relations Board State | ||||||
| 18 | Panel, in accordance with the provisions of the Administrative | ||||||
| 19 | Review Law, except that such judicial review shall be afforded | ||||||
| 20 | directly in the Appellate Court for the district in which the | ||||||
| 21 | accused officer resides. Any direct appeal to the Appellate | ||||||
| 22 | Court shall be filed within 35 days from the date that a copy | ||||||
| 23 | of the decision sought to be reviewed was served upon the party | ||||||
| 24 | affected by the decision. | ||||||
| 25 | Interested parties. Only interested parties to the | ||||||
| 26 | criminal prosecution in which the police officer allegedly, | ||||||
| |||||||
| |||||||
| 1 | while under oath, knowingly and willfully made false | ||||||
| 2 | statements as to a material fact going to an element of the | ||||||
| 3 | offense of murder may file a verified complaint pursuant to | ||||||
| 4 | this Section. For purposes of this Section, "interested | ||||||
| 5 | parties" shall be limited to the defendant and any police | ||||||
| 6 | officer who has personal knowledge that the police officer who | ||||||
| 7 | is the subject of the complaint has, while under oath, | ||||||
| 8 | knowingly and willfully made false statements as to a material | ||||||
| 9 | fact going to an element of the offense of murder. | ||||||
| 10 | Semi-annual reports. The Executive Director of the | ||||||
| 11 | Illinois Labor Relations Board shall submit semi-annual | ||||||
| 12 | reports to the Governor, President, and Minority Leader of the | ||||||
| 13 | Senate, and to the Speaker and Minority Leader of the House of | ||||||
| 14 | Representatives beginning on June 30, 2004, indicating: | ||||||
| 15 | (1) the number of verified complaints received since | ||||||
| 16 | the date of the last report; | ||||||
| 17 | (2) the number of investigations initiated since the | ||||||
| 18 | date of the last report; | ||||||
| 19 | (3) the number of investigations concluded since the | ||||||
| 20 | date of the last report; | ||||||
| 21 | (4) the number of investigations pending as of the | ||||||
| 22 | reporting date; | ||||||
| 23 | (5) the number of hearings held since the date of the | ||||||
| 24 | last report; and | ||||||
| 25 | (6) the number of officers decertified since the date | ||||||
| 26 | of the last report. | ||||||
| |||||||
| |||||||
| 1 | (a) The Board must review law enforcement officer conduct | ||||||
| 2 | and records to ensure that no law enforcement officer is | ||||||
| 3 | certified or provided a valid waiver if that law enforcement | ||||||
| 4 | officer has been convicted of, found guilty of, entered a plea | ||||||
| 5 | of guilty to, or entered a plea of nolo contendere to, a felony | ||||||
| 6 | offense under the laws of this State or any other state which | ||||||
| 7 | if committed in this State would be punishable as a felony. The | ||||||
| 8 | Board must also ensure that no law enforcement officer is | ||||||
| 9 | certified or provided a valid waiver if that law enforcement | ||||||
| 10 | officer has been convicted of, found guilty of, or entered a | ||||||
| 11 | plea of guilty to, on or after January 1, 2022 (the effective | ||||||
| 12 | date of Public Act 101-652) of any misdemeanor specified in | ||||||
| 13 | this Section or if committed in any other state would be an | ||||||
| 14 | offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, | ||||||
| 15 | 11-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, | ||||||
| 16 | 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, | ||||||
| 17 | any misdemeanor in violation of any Section of Part E of Title | ||||||
| 18 | III of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
| 19 | or subsection (a) of Section 17-32 of the Criminal Code of 1961 | ||||||
| 20 | or the Criminal Code of 2012, or to Section 5 or 5.2 of the | ||||||
| 21 | Cannabis Control Act, or any felony or misdemeanor in | ||||||
| 22 | violation of federal law or the law of any state that is the | ||||||
| 23 | equivalent of any of the offenses specified therein. The Board | ||||||
| 24 | must appoint investigators to enforce the duties conferred | ||||||
| 25 | upon the Board by this Act. | ||||||
| 26 | (a-1) For purposes of this Section, a person is "convicted | ||||||
| |||||||
| |||||||
| 1 | of, or entered a plea of guilty to, plea of nolo contendere to, | ||||||
| 2 | found guilty of" regardless of whether the adjudication of | ||||||
| 3 | guilt or sentence is withheld or not entered thereon. This | ||||||
| 4 | includes sentences of supervision, conditional discharge, or | ||||||
| 5 | first offender probation, or any similar disposition provided | ||||||
| 6 | for by law. | ||||||
| 7 | (b) It is the responsibility of the sheriff or the chief | ||||||
| 8 | executive officer of every law enforcement agency or | ||||||
| 9 | department within this State to report to the Board any | ||||||
| 10 | arrest, conviction, finding of guilt, plea of guilty, or plea | ||||||
| 11 | of nolo contendere to, of any officer for an offense | ||||||
| 12 | identified in this Section, regardless of whether the | ||||||
| 13 | adjudication of guilt or sentence is withheld or not entered | ||||||
| 14 | thereon, this includes sentences of supervision, conditional | ||||||
| 15 | discharge, or first offender probation. | ||||||
| 16 | (c) It is the duty and responsibility of every full-time | ||||||
| 17 | and part-time law enforcement officer in this State to report | ||||||
| 18 | to the Board within 14 days, and the officer's sheriff or chief | ||||||
| 19 | executive officer, of the officer's arrest, conviction, found | ||||||
| 20 | guilty of, or plea of guilty for an offense identified in this | ||||||
| 21 | Section. Any full-time or part-time law enforcement officer | ||||||
| 22 | who knowingly makes, submits, causes to be submitted, or files | ||||||
| 23 | a false or untruthful report to the Board must have the | ||||||
| 24 | officer's certificate or waiver immediately decertified or | ||||||
| 25 | revoked. | ||||||
| 26 | (d) Any person, or a local or State agency, or the Board is | ||||||
| |||||||
| |||||||
| 1 | immune from liability for submitting, disclosing, or releasing | ||||||
| 2 | information of arrests, convictions, or pleas of guilty in | ||||||
| 3 | this Section as long as the information is submitted, | ||||||
| 4 | disclosed, or released in good faith and without malice. The | ||||||
| 5 | Board has qualified immunity for the release of the | ||||||
| 6 | information. | ||||||
| 7 | (e) Any full-time or part-time law enforcement officer | ||||||
| 8 | with a certificate or waiver issued by the Board who is | ||||||
| 9 | convicted of, found guilty of, or entered a plea of guilty to, | ||||||
| 10 | or entered a plea of nolo contendere to any offense described | ||||||
| 11 | in this Section immediately becomes decertified or no longer | ||||||
| 12 | has a valid waiver. The decertification and invalidity of | ||||||
| 13 | waivers occurs as a matter of law. Failure of a convicted | ||||||
| 14 | person to report to the Board the officer's conviction as | ||||||
| 15 | described in this Section or any continued law enforcement | ||||||
| 16 | practice after receiving a conviction is a Class 4 felony. | ||||||
| 17 | For purposes of this Section, a person is considered to | ||||||
| 18 | have been "convicted of, found guilty of, or entered a plea of | ||||||
| 19 | guilty to, plea of nolo contendere to" regardless of whether | ||||||
| 20 | the adjudication of guilt or sentence is withheld or not | ||||||
| 21 | entered thereon, including sentences of supervision, | ||||||
| 22 | conditional discharge, first offender probation, or any | ||||||
| 23 | similar disposition as provided for by law. | ||||||
| 24 | (f) The Board's investigators shall be law enforcement | ||||||
| 25 | officers as defined in Section 2 of this Act. The Board shall | ||||||
| 26 | not waive the training requirement unless the investigator has | ||||||
| |||||||
| |||||||
| 1 | had a minimum of 5 years experience as a sworn officer of a | ||||||
| 2 | local, State, or federal law enforcement agency. An | ||||||
| 3 | investigator shall not have been terminated for good cause, | ||||||
| 4 | decertified, had his or her law enforcement license or | ||||||
| 5 | certificate revoked in this or any other jurisdiction, or been | ||||||
| 6 | convicted of any of the conduct listed in subsection (a). Any | ||||||
| 7 | complaint filed against the Board's investigators shall be | ||||||
| 8 | investigated by the Illinois State Police. | ||||||
| 9 | (g) The Board must request and receive information and | ||||||
| 10 | assistance from any federal, state, local, or private | ||||||
| 11 | enforcement agency as part of the authorized criminal | ||||||
| 12 | background investigation. The Illinois State Police must | ||||||
| 13 | process, retain, and additionally provide and disseminate | ||||||
| 14 | information to the Board concerning criminal charges, arrests, | ||||||
| 15 | convictions, and their disposition, that have been filed | ||||||
| 16 | against a basic academy applicant, law enforcement applicant, | ||||||
| 17 | or law enforcement officer whose fingerprint identification | ||||||
| 18 | cards are on file or maintained by the Illinois State Police. | ||||||
| 19 | The Federal Bureau of Investigation must provide the Board any | ||||||
| 20 | criminal history record information contained in its files | ||||||
| 21 | pertaining to law enforcement officers or any applicant to a | ||||||
| 22 | Board certified basic law enforcement academy as described in | ||||||
| 23 | this Act based on fingerprint identification. The Board must | ||||||
| 24 | make payment of fees to the Illinois State Police for each | ||||||
| 25 | fingerprint card submission in conformance with the | ||||||
| 26 | requirements of paragraph 22 of Section 55a of the Civil | ||||||
| |||||||
| |||||||
| 1 | Administrative Code of Illinois. | ||||||
| 2 | (g-5) Notwithstanding any provision of law to the | ||||||
| 3 | contrary, the changes to this Section made by this amendatory | ||||||
| 4 | Act of the 102nd General Assembly and Public Act 101-652 shall | ||||||
| 5 | apply prospectively only from July 1, 2022. | ||||||
| 6 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
| 7 | 102-538, eff. 8-20-21; 102-694, eff. 1-7-22.) | ||||||
| 8 | (50 ILCS 705/7) | ||||||
| 9 | (Text of Section before amendment by P.A. 104-84) | ||||||
| 10 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 11 | adopt rules and minimum standards for such schools which shall | ||||||
| 12 | include, but not be limited to, the following: | ||||||
| 13 | a. The curriculum for probationary law enforcement | ||||||
| 14 | officers which shall be offered by all certified schools | ||||||
| 15 | shall include, but not be limited to, courses of | ||||||
| 16 | procedural justice, arrest and use and control tactics, | ||||||
| 17 | search and seizure, including temporary questioning, civil | ||||||
| 18 | rights, human rights, human relations, cultural | ||||||
| 19 | competency, including implicit bias and racial and ethnic | ||||||
| 20 | sensitivity, criminal law, law of criminal procedure, | ||||||
| 21 | constitutional and proper use of law enforcement | ||||||
| 22 | authority, crisis intervention training, vehicle and | ||||||
| 23 | traffic law including uniform and non-discriminatory | ||||||
| 24 | enforcement of the Illinois Vehicle Code, traffic control | ||||||
| 25 | and crash investigation, techniques of obtaining physical | ||||||
| |||||||
| |||||||
| 1 | evidence, court testimonies, statements, reports, firearms | ||||||
| 2 | training, training in the use of electronic control | ||||||
| 3 | devices, including the psychological and physiological | ||||||
| 4 | effects of the use of those devices on humans, first aid | ||||||
| 5 | (including cardiopulmonary resuscitation), training in the | ||||||
| 6 | administration of opioid antagonists as defined in | ||||||
| 7 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
| 8 | Substance Use Disorder Act, handling of juvenile | ||||||
| 9 | offenders, recognition of mental conditions and crises, | ||||||
| 10 | including, but not limited to, the disease of addiction, | ||||||
| 11 | which require immediate assistance and response and | ||||||
| 12 | methods to safeguard and provide assistance to a person in | ||||||
| 13 | need of mental treatment, recognition of abuse, neglect, | ||||||
| 14 | financial exploitation, and self-neglect of adults with | ||||||
| 15 | disabilities and older adults, as defined in Section 2 of | ||||||
| 16 | the Adult Protective Services Act, crimes against the | ||||||
| 17 | elderly, law of evidence, the hazards of high-speed police | ||||||
| 18 | vehicle chases with an emphasis on alternatives to the | ||||||
| 19 | high-speed chase, and physical training. The curriculum | ||||||
| 20 | shall include specific training in techniques for | ||||||
| 21 | immediate response to and investigation of cases of | ||||||
| 22 | domestic violence and of sexual assault of adults and | ||||||
| 23 | children, including cultural perceptions and common myths | ||||||
| 24 | of sexual assault and sexual abuse as well as interview | ||||||
| 25 | techniques that are age sensitive and are trauma informed, | ||||||
| 26 | victim centered, and victim sensitive. The curriculum | ||||||
| |||||||
| |||||||
| 1 | shall include training in techniques designed to promote | ||||||
| 2 | effective communication at the initial contact with crime | ||||||
| 3 | victims and ways to comprehensively explain to victims and | ||||||
| 4 | witnesses their rights under the Rights of Crime Victims | ||||||
| 5 | and Witnesses Act and the Crime Victims Compensation Act. | ||||||
| 6 | The curriculum shall also include training in effective | ||||||
| 7 | recognition of and responses to stress, trauma, and | ||||||
| 8 | post-traumatic stress experienced by law enforcement | ||||||
| 9 | officers that is consistent with Section 25 of the | ||||||
| 10 | Illinois Mental Health First Aid Training Act in a peer | ||||||
| 11 | setting, including recognizing signs and symptoms of | ||||||
| 12 | work-related cumulative stress, issues that may lead to | ||||||
| 13 | suicide, and solutions for intervention with peer support | ||||||
| 14 | resources. The curriculum shall include a block of | ||||||
| 15 | instruction addressing the mandatory reporting | ||||||
| 16 | requirements under the Abused and Neglected Child | ||||||
| 17 | Reporting Act. The curriculum shall also include a block | ||||||
| 18 | of instruction aimed at identifying and interacting with | ||||||
| 19 | persons with autism and other developmental or physical | ||||||
| 20 | disabilities, reducing barriers to reporting crimes | ||||||
| 21 | against persons with autism, and addressing the unique | ||||||
| 22 | challenges presented by cases involving victims or | ||||||
| 23 | witnesses with autism and other developmental | ||||||
| 24 | disabilities. The curriculum shall include training in the | ||||||
| 25 | detection and investigation of all forms of human | ||||||
| 26 | trafficking. The curriculum shall also include instruction | ||||||
| |||||||
| |||||||
| 1 | in trauma-informed responses designed to ensure the | ||||||
| 2 | physical safety and well-being of a child of an arrested | ||||||
| 3 | parent or immediate family member; this instruction must | ||||||
| 4 | include, but is not limited to: (1) understanding the | ||||||
| 5 | trauma experienced by the child while maintaining the | ||||||
| 6 | integrity of the arrest and safety of officers, suspects, | ||||||
| 7 | and other involved individuals; (2) de-escalation tactics | ||||||
| 8 | that would include the use of force when reasonably | ||||||
| 9 | necessary; and (3) inquiring whether a child will require | ||||||
| 10 | supervision and care. The curriculum for probationary law | ||||||
| 11 | enforcement officers shall include: (1) at least 12 hours | ||||||
| 12 | of hands-on, scenario-based role-playing; (2) at least 6 | ||||||
| 13 | hours of instruction on use of force techniques, including | ||||||
| 14 | the use of de-escalation techniques to prevent or reduce | ||||||
| 15 | the need for force whenever safe and feasible; (3) | ||||||
| 16 | specific training on officer safety techniques, including | ||||||
| 17 | cover, concealment, and time; and (4) at least 6 hours of | ||||||
| 18 | training focused on high-risk traffic stops. The | ||||||
| 19 | curriculum for permanent law enforcement officers shall | ||||||
| 20 | include, but not be limited to: (1) refresher and | ||||||
| 21 | in-service training in any of the courses listed above in | ||||||
| 22 | this subparagraph, (2) advanced courses in any of the | ||||||
| 23 | subjects listed above in this subparagraph, (3) training | ||||||
| 24 | for supervisory personnel, and (4) specialized training in | ||||||
| 25 | subjects and fields to be selected by the board. The | ||||||
| 26 | training in the use of electronic control devices shall be | ||||||
| |||||||
| |||||||
| 1 | conducted for probationary law enforcement officers, | ||||||
| 2 | including University police officers. The curriculum shall | ||||||
| 3 | also include training on the use of a firearms restraining | ||||||
| 4 | order by providing instruction on the process used to file | ||||||
| 5 | a firearms restraining order and how to identify | ||||||
| 6 | situations in which a firearms restraining order is | ||||||
| 7 | appropriate. | ||||||
| 8 | b. Minimum courses of study, attendance requirements | ||||||
| 9 | and equipment requirements. | ||||||
| 10 | c. Minimum requirements for instructors. | ||||||
| 11 | d. Minimum basic training requirements, which a | ||||||
| 12 | probationary law enforcement officer must satisfactorily | ||||||
| 13 | complete before being eligible for permanent employment as | ||||||
| 14 | a local law enforcement officer for a participating local | ||||||
| 15 | governmental or State governmental agency. Those | ||||||
| 16 | requirements shall include training in first aid | ||||||
| 17 | (including cardiopulmonary resuscitation). | ||||||
| 18 | e. Minimum basic training requirements, which a | ||||||
| 19 | probationary county corrections officer must | ||||||
| 20 | satisfactorily complete before being eligible for | ||||||
| 21 | permanent employment as a county corrections officer for a | ||||||
| 22 | participating local governmental agency. | ||||||
| 23 | f. Minimum basic training requirements which a | ||||||
| 24 | probationary court security officer must satisfactorily | ||||||
| 25 | complete before being eligible for permanent employment as | ||||||
| 26 | a court security officer for a participating local | ||||||
| |||||||
| |||||||
| 1 | governmental agency. The Board shall establish those | ||||||
| 2 | training requirements which it considers appropriate for | ||||||
| 3 | court security officers and shall certify schools to | ||||||
| 4 | conduct that training. | ||||||
| 5 | A person hired to serve as a court security officer | ||||||
| 6 | must obtain from the Board a certificate (i) attesting to | ||||||
| 7 | the officer's successful completion of the training | ||||||
| 8 | course; (ii) attesting to the officer's satisfactory | ||||||
| 9 | completion of a training program of similar content and | ||||||
| 10 | number of hours that has been found acceptable by the | ||||||
| 11 | Board under the provisions of this Act; or (iii) attesting | ||||||
| 12 | to the Board's determination that the training course is | ||||||
| 13 | unnecessary because of the person's extensive prior law | ||||||
| 14 | enforcement experience. | ||||||
| 15 | Individuals who currently serve as court security | ||||||
| 16 | officers shall be deemed qualified to continue to serve in | ||||||
| 17 | that capacity so long as they are certified as provided by | ||||||
| 18 | this Act within 24 months of June 1, 1997 (the effective | ||||||
| 19 | date of Public Act 89-685). Failure to be so certified, | ||||||
| 20 | absent a waiver from the Board, shall cause the officer to | ||||||
| 21 | forfeit his or her position. | ||||||
| 22 | All individuals hired as court security officers on or | ||||||
| 23 | after June 1, 1997 (the effective date of Public Act | ||||||
| 24 | 89-685) shall be certified within 12 months of the date of | ||||||
| 25 | their hire, unless a waiver has been obtained by the | ||||||
| 26 | Board, or they shall forfeit their positions. | ||||||
| |||||||
| |||||||
| 1 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 2 | Sheriff's Office if there is no Sheriff's Merit | ||||||
| 3 | Commission, shall maintain a list of all individuals who | ||||||
| 4 | have filed applications to become court security officers | ||||||
| 5 | and who meet the eligibility requirements established | ||||||
| 6 | under this Act. Either the Sheriff's Merit Commission, or | ||||||
| 7 | the Sheriff's Office if no Sheriff's Merit Commission | ||||||
| 8 | exists, shall establish a schedule of reasonable intervals | ||||||
| 9 | for verification of the applicants' qualifications under | ||||||
| 10 | this Act and as established by the Board. | ||||||
| 11 | g. Minimum in-service training requirements, which a | ||||||
| 12 | law enforcement officer must satisfactorily complete every | ||||||
| 13 | 3 years. Those requirements shall include constitutional | ||||||
| 14 | and proper use of law enforcement authority; procedural | ||||||
| 15 | justice; civil rights; human rights; reporting child abuse | ||||||
| 16 | and neglect; autism-informed law enforcement responses, | ||||||
| 17 | techniques, and procedures; and cultural competency, | ||||||
| 18 | including implicit bias and racial and ethnic sensitivity. | ||||||
| 19 | These trainings shall consist of at least 30 hours of | ||||||
| 20 | training every 3 years. | ||||||
| 21 | h. Minimum in-service training requirements, which a | ||||||
| 22 | law enforcement officer must satisfactorily complete at | ||||||
| 23 | least annually. Those requirements shall include law | ||||||
| 24 | updates, emergency medical response training and | ||||||
| 25 | certification, crisis intervention training, and officer | ||||||
| 26 | wellness and mental health. | ||||||
| |||||||
| |||||||
| 1 | i. Minimum in-service training requirements as set | ||||||
| 2 | forth in Section 10.6. | ||||||
| 3 | Notwithstanding any provision of law to the contrary, the | ||||||
| 4 | changes made to this Section by Public Act 101-652, Public Act | ||||||
| 5 | 102-28, and Public Act 102-694 take effect July 1, 2022. | ||||||
| 6 | (Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; | ||||||
| 7 | 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. | ||||||
| 8 | 7-1-23; 103-154, eff. 6-30-23; 103-949, eff. 1-1-25.) | ||||||
| 9 | (Text of Section after amendment by P.A. 104-84) | ||||||
| 10 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
| 11 | adopt rules and minimum standards for such schools which shall | ||||||
| 12 | include, but not be limited to, the following: | ||||||
| 13 | a. The curriculum for probationary police law | ||||||
| 14 | enforcement officers which shall be offered by all | ||||||
| 15 | certified schools shall include, but not be limited to, | ||||||
| 16 | courses of procedural justice, arrest and use and control | ||||||
| 17 | tactics, search and seizure, including temporary | ||||||
| 18 | questioning, civil rights, human rights, human relations, | ||||||
| 19 | cultural competency, including implicit bias and racial | ||||||
| 20 | and ethnic sensitivity, criminal law, law of criminal | ||||||
| 21 | procedure, constitutional and proper use of law | ||||||
| 22 | enforcement authority, crisis intervention training, | ||||||
| 23 | vehicle and traffic law including uniform and | ||||||
| 24 | non-discriminatory enforcement of the Illinois Vehicle | ||||||
| 25 | Code, traffic control and crash investigation, techniques | ||||||
| |||||||
| |||||||
| 1 | of obtaining physical evidence, court testimonies, | ||||||
| 2 | statements, reports, firearms training, training in the | ||||||
| 3 | use of electronic control devices, including the | ||||||
| 4 | psychological and physiological effects of the use of | ||||||
| 5 | those devices on humans, first aid (including | ||||||
| 6 | cardiopulmonary resuscitation), training in the | ||||||
| 7 | administration of opioid antagonists as defined in | ||||||
| 8 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
| 9 | Substance Use Disorder Act, handling of juvenile | ||||||
| 10 | offenders, recognition of mental conditions and crises, | ||||||
| 11 | including, but not limited to, the disease of addiction, | ||||||
| 12 | which require immediate assistance and response and | ||||||
| 13 | methods to safeguard and provide assistance to a person in | ||||||
| 14 | need of mental treatment, recognition of abuse, neglect, | ||||||
| 15 | financial exploitation, and self-neglect of adults with | ||||||
| 16 | disabilities and older adults, as defined in Section 2 of | ||||||
| 17 | the Adult Protective Services Act, crimes against the | ||||||
| 18 | elderly, law of evidence, the hazards of high-speed police | ||||||
| 19 | vehicle chases with an emphasis on alternatives to the | ||||||
| 20 | high-speed chase, and physical training. The curriculum | ||||||
| 21 | shall include a block of instruction addressing | ||||||
| 22 | trauma-informed programs, procedures, and practices meant | ||||||
| 23 | to minimize traumatization of the victim. The curriculum | ||||||
| 24 | shall include specific training in techniques for | ||||||
| 25 | immediate response to and investigation of cases of | ||||||
| 26 | domestic violence and of sexual assault of adults and | ||||||
| |||||||
| |||||||
| 1 | children, including cultural perceptions and common myths | ||||||
| 2 | of sexual assault and sexual abuse as well as interview | ||||||
| 3 | techniques that are age sensitive and are trauma informed, | ||||||
| 4 | victim centered, and victim sensitive. The curriculum | ||||||
| 5 | shall include training in techniques designed to promote | ||||||
| 6 | effective communication at the initial contact with crime | ||||||
| 7 | victims and ways to comprehensively explain to victims and | ||||||
| 8 | witnesses their rights under the Rights of Crime Victims | ||||||
| 9 | and Witnesses Act and the Crime Victims Compensation Act. | ||||||
| 10 | The curriculum shall also include training in effective | ||||||
| 11 | recognition of and responses to stress, trauma, and | ||||||
| 12 | post-traumatic stress experienced by police law | ||||||
| 13 | enforcement officers that is consistent with Section 25 of | ||||||
| 14 | the Illinois Mental Health First Aid Training Act in a | ||||||
| 15 | peer setting, including recognizing signs and symptoms of | ||||||
| 16 | work-related cumulative stress, issues that may lead to | ||||||
| 17 | suicide, and solutions for intervention with peer support | ||||||
| 18 | resources. The curriculum shall include a block of | ||||||
| 19 | instruction addressing the mandatory reporting | ||||||
| 20 | requirements under the Abused and Neglected Child | ||||||
| 21 | Reporting Act. The curriculum shall also include a block | ||||||
| 22 | of instruction aimed at identifying and interacting with | ||||||
| 23 | persons with autism and other developmental or physical | ||||||
| 24 | disabilities, reducing barriers to reporting crimes | ||||||
| 25 | against persons with autism, and addressing the unique | ||||||
| 26 | challenges presented by cases involving victims or | ||||||
| |||||||
| |||||||
| 1 | witnesses with autism and other developmental | ||||||
| 2 | disabilities. The curriculum shall include training in the | ||||||
| 3 | detection and investigation of all forms of human | ||||||
| 4 | trafficking. The curriculum shall also include instruction | ||||||
| 5 | in trauma-informed responses designed to ensure the | ||||||
| 6 | physical safety and well-being of a child of an arrested | ||||||
| 7 | parent or immediate family member; this instruction must | ||||||
| 8 | include, but is not limited to: (1) understanding the | ||||||
| 9 | trauma experienced by the child while maintaining the | ||||||
| 10 | integrity of the arrest and safety of officers, suspects, | ||||||
| 11 | and other involved individuals; (2) de-escalation tactics | ||||||
| 12 | that would include the use of force when reasonably | ||||||
| 13 | necessary; and (3) inquiring whether a child will require | ||||||
| 14 | supervision and care. The curriculum for probationary law | ||||||
| 15 | enforcement officers shall include: (1) at least 12 hours | ||||||
| 16 | of hands-on, scenario-based role-playing; (2) at least 6 | ||||||
| 17 | hours of instruction on use of force techniques, including | ||||||
| 18 | the use of de-escalation techniques to prevent or reduce | ||||||
| 19 | the need for force whenever safe and feasible; (3) | ||||||
| 20 | specific training on officer safety techniques, including | ||||||
| 21 | cover, concealment, and time; and (4) at least 6 hours of | ||||||
| 22 | training focused on high-risk traffic stops. The | ||||||
| 23 | curriculum for permanent police law enforcement officers | ||||||
| 24 | shall include, but not be limited to: (1) refresher and | ||||||
| 25 | in-service training in any of the courses listed above in | ||||||
| 26 | this subparagraph, (2) advanced courses in any of the | ||||||
| |||||||
| |||||||
| 1 | subjects listed above in this subparagraph, (3) training | ||||||
| 2 | for supervisory personnel, and (4) specialized training in | ||||||
| 3 | subjects and fields to be selected by the board. The | ||||||
| 4 | training in the use of electronic control devices shall be | ||||||
| 5 | conducted for probationary police law enforcement | ||||||
| 6 | officers, including University police officers. The | ||||||
| 7 | curriculum shall also include training on the use of a | ||||||
| 8 | firearms restraining order by providing instruction on the | ||||||
| 9 | process used to file a firearms restraining order and how | ||||||
| 10 | to identify situations in which a firearms restraining | ||||||
| 11 | order is appropriate. | ||||||
| 12 | b. Minimum courses of study, attendance requirements | ||||||
| 13 | and equipment requirements. | ||||||
| 14 | c. Minimum requirements for instructors. | ||||||
| 15 | d. Minimum basic training requirements, which a | ||||||
| 16 | probationary police law enforcement officer must | ||||||
| 17 | satisfactorily complete before being eligible for | ||||||
| 18 | permanent employment as a local police law enforcement | ||||||
| 19 | officer for a participating local governmental or State | ||||||
| 20 | governmental agency. Those requirements shall include | ||||||
| 21 | training in first aid (including cardiopulmonary | ||||||
| 22 | resuscitation). | ||||||
| 23 | e. Minimum basic training requirements, which a | ||||||
| 24 | probationary county corrections officer must | ||||||
| 25 | satisfactorily complete before being eligible for | ||||||
| 26 | permanent employment as a county corrections officer for a | ||||||
| |||||||
| |||||||
| 1 | participating local governmental agency. | ||||||
| 2 | f. Minimum basic training requirements which a | ||||||
| 3 | probationary court security officer must satisfactorily | ||||||
| 4 | complete before being eligible for permanent employment as | ||||||
| 5 | a court security officer for a participating local | ||||||
| 6 | governmental agency. The Board shall establish those | ||||||
| 7 | training requirements which it considers appropriate for | ||||||
| 8 | court security officers and shall certify schools to | ||||||
| 9 | conduct that training. | ||||||
| 10 | A person hired to serve as a court security officer | ||||||
| 11 | must obtain from the Board a certificate (i) attesting to | ||||||
| 12 | the officer's successful completion of the training | ||||||
| 13 | course; (ii) attesting to the officer's satisfactory | ||||||
| 14 | completion of a training program of similar content and | ||||||
| 15 | number of hours that has been found acceptable by the | ||||||
| 16 | Board under the provisions of this Act; or (iii) attesting | ||||||
| 17 | to the Board's determination that the training course is | ||||||
| 18 | unnecessary because of the person's extensive prior law | ||||||
| 19 | enforcement experience. | ||||||
| 20 | Individuals who currently serve as court security | ||||||
| 21 | officers shall be deemed qualified to continue to serve in | ||||||
| 22 | that capacity so long as they are certified as provided by | ||||||
| 23 | this Act within 24 months of June 1, 1997 (the effective | ||||||
| 24 | date of Public Act 89-685). Failure to be so certified, | ||||||
| 25 | absent a waiver from the Board, shall cause the officer to | ||||||
| 26 | forfeit his or her position. | ||||||
| |||||||
| |||||||
| 1 | All individuals hired as court security officers on or | ||||||
| 2 | after June 1, 1997 (the effective date of Public Act | ||||||
| 3 | 89-685) shall be certified within 12 months of the date of | ||||||
| 4 | their hire, unless a waiver has been obtained by the | ||||||
| 5 | Board, or they shall forfeit their positions. | ||||||
| 6 | The Sheriff's Merit Commission, if one exists, or the | ||||||
| 7 | Sheriff's Office if there is no Sheriff's Merit | ||||||
| 8 | Commission, shall maintain a list of all individuals who | ||||||
| 9 | have filed applications to become court security officers | ||||||
| 10 | and who meet the eligibility requirements established | ||||||
| 11 | under this Act. Either the Sheriff's Merit Commission, or | ||||||
| 12 | the Sheriff's Office if no Sheriff's Merit Commission | ||||||
| 13 | exists, shall establish a schedule of reasonable intervals | ||||||
| 14 | for verification of the applicants' qualifications under | ||||||
| 15 | this Act and as established by the Board. | ||||||
| 16 | g. Minimum in-service training requirements, which a | ||||||
| 17 | police law enforcement officer must satisfactorily | ||||||
| 18 | complete every 3 years. Those requirements shall include | ||||||
| 19 | constitutional and proper use of law enforcement | ||||||
| 20 | authority; procedural justice; civil rights; human rights; | ||||||
| 21 | mental health awareness and response, officer wellness, | ||||||
| 22 | reporting child abuse and neglect; autism-informed law | ||||||
| 23 | enforcement responses, techniques, and procedures; | ||||||
| 24 | trauma-informed programs, procedures, and practices meant | ||||||
| 25 | to minimize traumatization of the victim; and cultural | ||||||
| 26 | competency, including implicit bias and racial and ethnic | ||||||
| |||||||
| |||||||
| 1 | sensitivity. These trainings shall consist of at least 30 | ||||||
| 2 | hours of training every 3 years. | ||||||
| 3 | h. Minimum in-service training requirements, which a | ||||||
| 4 | police law enforcement officer must satisfactorily | ||||||
| 5 | complete at least annually. Those requirements shall | ||||||
| 6 | include law updates, and use of force training which shall | ||||||
| 7 | include scenario based training, or similar training | ||||||
| 8 | approved by the Board emergency medical response training | ||||||
| 9 | and certification, crisis intervention training, and | ||||||
| 10 | officer wellness and mental health. | ||||||
| 11 | i. Minimum in-service training requirements as set | ||||||
| 12 | forth in Section 10.6. | ||||||
| 13 | Notwithstanding any provision of law to the contrary, the | ||||||
| 14 | changes made to this Section by Public Act 101-652, Public Act | ||||||
| 15 | 102-28, and Public Act 102-694 take effect July 1, 2022. | ||||||
| 16 | (Source: P.A. 103-154, eff. 6-30-23; 103-949, eff. 1-1-25; | ||||||
| 17 | 104-84, eff. 1-1-26.) | ||||||
| 18 | (50 ILCS 705/7.5) | ||||||
| 19 | Sec. 7.5. Police Law enforcement pursuit guidelines. The | ||||||
| 20 | Board shall annually review police pursuit procedures and make | ||||||
| 21 | available suggested police law enforcement pursuit guidelines | ||||||
| 22 | for law enforcement agencies. This Section does not alter the | ||||||
| 23 | effect of previously existing law, including the immunities | ||||||
| 24 | established under the Local Governmental and Governmental | ||||||
| 25 | Employees Tort Immunity Act. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
| 2 | (50 ILCS 705/8) (from Ch. 85, par. 508) | ||||||
| 3 | Sec. 8. Participation required. All home rule local | ||||||
| 4 | governmental units shall comply with Sections 6.3, 8.1, and | ||||||
| 5 | 8.2 and any other mandatory provisions of this Act. This Act is | ||||||
| 6 | a limitation on home rule powers under subsection (i) of | ||||||
| 7 | Section 6 of Article VII of the Illinois Constitution. | ||||||
| 8 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
| 9 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1) | ||||||
| 10 | Sec. 8.1. Full-time police law enforcement and county | ||||||
| 11 | corrections officers. | ||||||
| 12 | (a) After January 1, 1976, no person shall receive a | ||||||
| 13 | permanent appointment as a law enforcement officer as defined | ||||||
| 14 | in this Act nor shall any person receive, after July 1, 1985 | ||||||
| 15 | (the effective date of Public Act 83-1389), a permanent | ||||||
| 16 | appointment as a county corrections officer unless that person | ||||||
| 17 | has been awarded, within 6 months of his or her initial | ||||||
| 18 | full-time employment, a certificate attesting to his or her | ||||||
| 19 | successful completion of the Minimum Standards Basic Law | ||||||
| 20 | Enforcement and County Correctional Training Course as | ||||||
| 21 | prescribed by the Board; or has been awarded a certificate | ||||||
| 22 | attesting to his or her satisfactory completion of a training | ||||||
| 23 | program of similar content and number of hours and which | ||||||
| 24 | course has been found acceptable by the Board under the | ||||||
| |||||||
| |||||||
| 1 | provisions of this Act; or by reason of extensive prior law | ||||||
| 2 | enforcement or county corrections experience the basic | ||||||
| 3 | training requirement is determined by the Board to be | ||||||
| 4 | illogical and unreasonable. | ||||||
| 5 | If such training is required and not completed within the | ||||||
| 6 | applicable 6 months, then the officer must forfeit his or her | ||||||
| 7 | position, or the employing agency must obtain a waiver from | ||||||
| 8 | the Board extending the period for compliance. Such waiver | ||||||
| 9 | shall be issued only for good and justifiable reasons, and in | ||||||
| 10 | no case shall extend more than 90 days beyond the initial 6 | ||||||
| 11 | months. Any hiring agency that fails to train a law | ||||||
| 12 | enforcement officer within this period shall be prohibited | ||||||
| 13 | from employing this individual in a law enforcement capacity | ||||||
| 14 | for one year from the date training was to be completed. If an | ||||||
| 15 | agency again fails to train the individual a second time, the | ||||||
| 16 | agency shall be permanently barred from employing this | ||||||
| 17 | individual in a law enforcement capacity. | ||||||
| 18 | (b) No provision of this Section shall be construed to | ||||||
| 19 | mean that a law enforcement officer employed by a local | ||||||
| 20 | governmental agency at the time of the effective date of | ||||||
| 21 | Public Act 83-1389, either as a probationary police officer or | ||||||
| 22 | as a permanent police officer, shall require certification | ||||||
| 23 | under the provisions of this Section. No provision of this | ||||||
| 24 | Section shall be construed to mean that a county corrections | ||||||
| 25 | officer employed by a local governmental agency at the time of | ||||||
| 26 | the effective date of Public Act 83-1389, either as a | ||||||
| |||||||
| |||||||
| 1 | probationary county corrections or as a permanent county | ||||||
| 2 | corrections officer, shall require certification under the | ||||||
| 3 | provisions of this Section. No provision of this Section shall | ||||||
| 4 | be construed to apply to certification of elected county | ||||||
| 5 | sheriffs. | ||||||
| 6 | (c) This Section does not apply to part-time police | ||||||
| 7 | officers or probationary part-time police officers. | ||||||
| 8 | (a) No person shall receive a permanent appointment as a | ||||||
| 9 | law enforcement officer or a permanent appointment as a county | ||||||
| 10 | corrections officer unless that person has been awarded, | ||||||
| 11 | within 6 months of the officer's initial full-time employment, | ||||||
| 12 | a certificate attesting to the officer's successful completion | ||||||
| 13 | of the Minimum Standards Basic Law Enforcement or County | ||||||
| 14 | Correctional Training Course as prescribed by the Board; or | ||||||
| 15 | has been awarded a certificate attesting to the officer's | ||||||
| 16 | satisfactory completion of a training program of similar | ||||||
| 17 | content and number of hours and which course has been found | ||||||
| 18 | acceptable by the Board under the provisions of this Act; or a | ||||||
| 19 | training waiver by reason of prior law enforcement or county | ||||||
| 20 | corrections experience, obtained in Illinois, in any other | ||||||
| 21 | state, or with an agency of the federal government, the basic | ||||||
| 22 | training requirement is determined by the Board to be | ||||||
| 23 | illogical and unreasonable. Agencies seeking a reciprocity | ||||||
| 24 | waiver for training completed outside of Illinois must conduct | ||||||
| 25 | a thorough background check and provide verification of the | ||||||
| 26 | officer's prior training. After review and satisfaction of all | ||||||
| |||||||
| |||||||
| 1 | requested conditions, the officer shall be awarded an | ||||||
| 2 | equivalency certificate satisfying the requirements of this | ||||||
| 3 | Section. Within 60 days after the effective date of this | ||||||
| 4 | amendatory Act of the 103rd General Assembly, the Board shall | ||||||
| 5 | adopt uniform rules providing for a waiver process for a | ||||||
| 6 | person previously employed and qualified as a law enforcement | ||||||
| 7 | or county corrections officer under federal law or the laws of | ||||||
| 8 | any other state, or who has completed a basic law enforcement | ||||||
| 9 | officer or correctional officer academy who would be qualified | ||||||
| 10 | to be employed as a law enforcement officer or correctional | ||||||
| 11 | officer by the federal government or any other state. These | ||||||
| 12 | rules shall address the process for evaluating prior training | ||||||
| 13 | credit, a description and list of the courses typically | ||||||
| 14 | required for reciprocity candidates to complete prior to | ||||||
| 15 | taking the exam, and a procedure for employers seeking a | ||||||
| 16 | pre-activation determination for a reciprocity training | ||||||
| 17 | waiver. The rules shall provide that any eligible person | ||||||
| 18 | previously trained as a law enforcement or county corrections | ||||||
| 19 | officer under federal law or the laws of any other state shall | ||||||
| 20 | successfully complete the following prior to the approval of a | ||||||
| 21 | waiver: | ||||||
| 22 | (1) a training program or set of coursework approved | ||||||
| 23 | by the Board on the laws of this State relevant to the | ||||||
| 24 | duties and training requirements of law enforcement and | ||||||
| 25 | county correctional officers; | ||||||
| 26 | (2) firearms training; and | ||||||
| |||||||
| |||||||
| 1 | (3) successful passage of the equivalency | ||||||
| 2 | certification examination. | ||||||
| 3 | If such training is required and not completed within the | ||||||
| 4 | applicable 6 months, then the officer must forfeit the | ||||||
| 5 | officer's position, or the employing agency must obtain a | ||||||
| 6 | waiver from the Board extending the period for compliance. | ||||||
| 7 | Such waiver shall be issued only for good and justifiable | ||||||
| 8 | reasons, and in no case shall extend more than 90 days beyond | ||||||
| 9 | the initial 6 months. Any hiring agency that fails to train a | ||||||
| 10 | law enforcement officer within this period shall be prohibited | ||||||
| 11 | from employing this individual in a law enforcement capacity | ||||||
| 12 | for one year from the date training was to be completed. If an | ||||||
| 13 | agency again fails to train the individual a second time, the | ||||||
| 14 | agency shall be permanently barred from employing this | ||||||
| 15 | individual in a law enforcement capacity. | ||||||
| 16 | An individual who is not certified by the Board or whose | ||||||
| 17 | certified status is inactive shall not function as a law | ||||||
| 18 | enforcement officer, be assigned the duties of a law | ||||||
| 19 | enforcement officer by an employing agency, or be authorized | ||||||
| 20 | to carry firearms under the authority of the employer, except | ||||||
| 21 | as otherwise authorized to carry a firearm under State or | ||||||
| 22 | federal law. Sheriffs who are elected as of January 1, 2022 | ||||||
| 23 | (the effective date of Public Act 101-652) are exempt from the | ||||||
| 24 | requirement of certified status. Failure to be certified in | ||||||
| 25 | accordance with this Act shall cause the officer to forfeit | ||||||
| 26 | the officer's position. | ||||||
| |||||||
| |||||||
| 1 | An employing agency may not grant a person status as a law | ||||||
| 2 | enforcement officer unless the person has been granted an | ||||||
| 3 | active law enforcement officer certification by the Board. | ||||||
| 4 | (b) Inactive status. A person who has an inactive law | ||||||
| 5 | enforcement officer certification has no law enforcement | ||||||
| 6 | authority. | ||||||
| 7 | (1) A law enforcement officer's certification becomes | ||||||
| 8 | inactive upon termination, resignation, retirement, or | ||||||
| 9 | separation from the officer's employing law enforcement | ||||||
| 10 | agency for any reason. The Board shall re-activate a | ||||||
| 11 | certification upon written application from the law | ||||||
| 12 | enforcement officer's law enforcement agency that shows | ||||||
| 13 | the law enforcement officer: (i) has accepted a full-time | ||||||
| 14 | law enforcement position with that law enforcement agency, | ||||||
| 15 | (ii) is not the subject of a decertification proceeding, | ||||||
| 16 | and (iii) meets all other criteria for re-activation | ||||||
| 17 | required by the Board. The Board may also establish | ||||||
| 18 | special training requirements to be completed as a | ||||||
| 19 | condition for re-activation. | ||||||
| 20 | The Board shall review a notice for reactivation from | ||||||
| 21 | a law enforcement agency and provide a response within 30 | ||||||
| 22 | days. The Board may extend this review. A law enforcement | ||||||
| 23 | officer shall be allowed to be employed as a full-time law | ||||||
| 24 | enforcement officer while the law enforcement officer | ||||||
| 25 | reactivation waiver is under review. | ||||||
| 26 | A law enforcement officer who is refused reactivation | ||||||
| |||||||
| |||||||
| 1 | or an employing agency of a law enforcement officer who is | ||||||
| 2 | refused reactivation under this Section may request a | ||||||
| 3 | hearing in accordance with the hearing procedures as | ||||||
| 4 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
| 5 | The Board may refuse to re-activate the certification | ||||||
| 6 | of a law enforcement officer who was involuntarily | ||||||
| 7 | terminated for good cause by an employing agency for | ||||||
| 8 | conduct subject to decertification under this Act or | ||||||
| 9 | resigned or retired after receiving notice of a law | ||||||
| 10 | enforcement agency's investigation. | ||||||
| 11 | (2) A law enforcement agency may place an officer who | ||||||
| 12 | is currently certified on inactive status by sending a | ||||||
| 13 | written request to the Board. A law enforcement officer | ||||||
| 14 | whose certificate has been placed on inactive status shall | ||||||
| 15 | not function as a law enforcement officer until the | ||||||
| 16 | officer has completed any requirements for reactivating | ||||||
| 17 | the certificate as required by the Board. A request for | ||||||
| 18 | inactive status in this subsection shall be in writing, | ||||||
| 19 | accompanied by verifying documentation, and shall be | ||||||
| 20 | submitted to the Board with a copy to the chief | ||||||
| 21 | administrator of the law enforcement officer's current or | ||||||
| 22 | new employing agency. | ||||||
| 23 | (3) Certification that has become inactive under | ||||||
| 24 | paragraph (2) of this subsection (b) shall be reactivated | ||||||
| 25 | by written notice from the law enforcement officer's | ||||||
| 26 | agency upon a showing that the law enforcement officer: | ||||||
| |||||||
| |||||||
| 1 | (i) is employed in a full-time law enforcement position | ||||||
| 2 | with the same law enforcement agency, (ii) is not the | ||||||
| 3 | subject of a decertification proceeding, and (iii) meets | ||||||
| 4 | all other criteria for re-activation required by the | ||||||
| 5 | Board. | ||||||
| 6 | (4) Notwithstanding paragraph (3) of this subsection | ||||||
| 7 | (b), a law enforcement officer whose certification has | ||||||
| 8 | become inactive under paragraph (2) may have the officer's | ||||||
| 9 | employing agency submit a request for a waiver of training | ||||||
| 10 | requirements to the Board in writing and accompanied by | ||||||
| 11 | any verifying documentation. A grant of a waiver is within | ||||||
| 12 | the discretion of the Board. Within 7 days of receiving a | ||||||
| 13 | request for a waiver under this Section, the Board shall | ||||||
| 14 | notify the law enforcement officer and the chief | ||||||
| 15 | administrator of the law enforcement officer's employing | ||||||
| 16 | agency, whether the request has been granted, denied, or | ||||||
| 17 | if the Board will take additional time for information. A | ||||||
| 18 | law enforcement agency whose request for a waiver under | ||||||
| 19 | this subsection is denied is entitled to request a review | ||||||
| 20 | of the denial by the Board. The law enforcement agency | ||||||
| 21 | must request a review within 20 days of the waiver being | ||||||
| 22 | denied. The burden of proof shall be on the law | ||||||
| 23 | enforcement agency to show why the law enforcement officer | ||||||
| 24 | is entitled to a waiver of the legislatively required | ||||||
| 25 | training and eligibility requirements. | ||||||
| 26 | (c) No provision of this Section shall be construed to | ||||||
| |||||||
| |||||||
| 1 | mean that a county corrections officer employed by a | ||||||
| 2 | governmental agency at the time of the effective date of this | ||||||
| 3 | amendatory Act, either as a probationary county corrections | ||||||
| 4 | officer or as a permanent county corrections officer, shall | ||||||
| 5 | require certification under the provisions of this Section. No | ||||||
| 6 | provision of this Section shall be construed to apply to | ||||||
| 7 | certification of elected county sheriffs. | ||||||
| 8 | (d) Within 14 days, a law enforcement officer shall report | ||||||
| 9 | to the Board: (1) any name change; (2) any change in | ||||||
| 10 | employment; or (3) the filing of any criminal indictment or | ||||||
| 11 | charges against the officer alleging that the officer | ||||||
| 12 | committed any offense as enumerated in Section 6.1 of this | ||||||
| 13 | Act. | ||||||
| 14 | (e) All law enforcement officers must report the | ||||||
| 15 | completion of the training requirements required in this Act | ||||||
| 16 | in compliance with Section 8.4 of this Act. | ||||||
| 17 | (e-1) Each employing law enforcement agency shall allow | ||||||
| 18 | and provide an opportunity for a law enforcement officer to | ||||||
| 19 | complete the mandated requirements in this Act. All mandated | ||||||
| 20 | training shall be provided at no cost to the employees. | ||||||
| 21 | Employees shall be paid for all time spent attending mandated | ||||||
| 22 | training. | ||||||
| 23 | (e-2) Each agency, academy, or training provider shall | ||||||
| 24 | maintain proof of a law enforcement officer's completion of | ||||||
| 25 | legislatively required training in a format designated by the | ||||||
| 26 | Board. The report of training shall be submitted to the Board | ||||||
| |||||||
| |||||||
| 1 | within 30 days following completion of the training. A copy of | ||||||
| 2 | the report shall be submitted to the law enforcement officer. | ||||||
| 3 | Upon receipt of a properly completed report of training, the | ||||||
| 4 | Board will make the appropriate entry into the training | ||||||
| 5 | records of the law enforcement officer. | ||||||
| 6 | (f) This Section does not apply to part-time law | ||||||
| 7 | enforcement officers or probationary part-time law enforcement | ||||||
| 8 | officers. | ||||||
| 9 | (g) Notwithstanding any provision of law to the contrary, | ||||||
| 10 | the changes made to this Section by Public Act 101-652, Public | ||||||
| 11 | Act 102-28, and Public Act 102-694 take effect July 1, 2022. | ||||||
| 12 | (Source: P.A. 102-28, eff. 6-25-21; 102-694, eff. 1-7-22; | ||||||
| 13 | 103-154, eff. 6-30-23; 103-389, eff. 1-1-24.) | ||||||
| 14 | (50 ILCS 705/8.2) | ||||||
| 15 | Sec. 8.2. Part-time law enforcement officers. | ||||||
| 16 | (a) A person hired to serve as a part-time police officer | ||||||
| 17 | must obtain from the Board a certificate (i) attesting to his | ||||||
| 18 | or her successful completion of the part-time police training | ||||||
| 19 | course; (ii) attesting to his or her satisfactory completion | ||||||
| 20 | of a training program of similar content and number of hours | ||||||
| 21 | that has been found acceptable by the Board under the | ||||||
| 22 | provisions of this Act; or (iii) attesting to the Board's | ||||||
| 23 | determination that the part-time police training course is | ||||||
| 24 | unnecessary because of the person's extensive prior law | ||||||
| 25 | enforcement experience. A person hired on or after March 14, | ||||||
| |||||||
| |||||||
| 1 | 2002 (the effective date of Public Act 92-533) must obtain | ||||||
| 2 | this certificate within 18 months after the initial date of | ||||||
| 3 | hire as a probationary part-time police officer in the State | ||||||
| 4 | of Illinois. The probationary part-time police officer must be | ||||||
| 5 | enrolled and accepted into a Board-approved course within 6 | ||||||
| 6 | months after active employment by any department in the State. | ||||||
| 7 | A person hired on or after January 1, 1996 and before March 14, | ||||||
| 8 | 2002 (the effective date of Public Act 92-533) must obtain | ||||||
| 9 | this certificate within 18 months after the date of hire. A | ||||||
| 10 | person hired before January 1, 1996 must obtain this | ||||||
| 11 | certificate within 24 months after January 1, 1996 (the | ||||||
| 12 | effective date of Public Act 89-170). | ||||||
| 13 | The employing agency may seek a waiver from the Board | ||||||
| 14 | extending the period for compliance. A waiver shall be issued | ||||||
| 15 | only for good and justifiable reasons, and the probationary | ||||||
| 16 | part-time police officer may not practice as a part-time | ||||||
| 17 | police officer during the waiver period. If training is | ||||||
| 18 | required and not completed within the applicable time period, | ||||||
| 19 | as extended by any waiver that may be granted, then the officer | ||||||
| 20 | must forfeit his or her position. | ||||||
| 21 | (b) The part-time police training course referred to in | ||||||
| 22 | this Section shall be of similar content and the same number of | ||||||
| 23 | hours as the courses for full-time officers and shall be | ||||||
| 24 | provided by Mobile Team In-Service Training Units under the | ||||||
| 25 | Intergovernmental Law Enforcement Officer's In-Service | ||||||
| 26 | Training Act or by another approved program or facility in a | ||||||
| |||||||
| |||||||
| 1 | manner prescribed by the Board. | ||||||
| 2 | (c) For the purposes of this Section, the Board shall | ||||||
| 3 | adopt rules defining what constitutes employment on a | ||||||
| 4 | part-time basis. | ||||||
| 5 | (a) A person hired to serve as a part-time law enforcement | ||||||
| 6 | officer must obtain from the Board a certificate (i) attesting | ||||||
| 7 | to the officer's successful completion of the part-time police | ||||||
| 8 | training course; (ii) attesting to the officer's satisfactory | ||||||
| 9 | completion of a training program of similar content and number | ||||||
| 10 | of hours that has been found acceptable by the Board under the | ||||||
| 11 | provisions of this Act; or (iii) a training waiver attesting | ||||||
| 12 | to the Board's determination that the part-time police | ||||||
| 13 | training course is unnecessary because of the person's prior | ||||||
| 14 | law enforcement experience obtained in Illinois, in any other | ||||||
| 15 | state, or with an agency of the federal government. A person | ||||||
| 16 | hired on or after March 14, 2002 (the effective date of Public | ||||||
| 17 | Act 92-533) must obtain this certificate within 18 months | ||||||
| 18 | after the initial date of hire as a probationary part-time law | ||||||
| 19 | enforcement officer in the State of Illinois. The probationary | ||||||
| 20 | part-time law enforcement officer must be enrolled and | ||||||
| 21 | accepted into a Board-approved course within 6 months after | ||||||
| 22 | active employment by any department in the State. A person | ||||||
| 23 | hired on or after January 1, 1996 and before March 14, 2002 | ||||||
| 24 | (the effective date of Public Act 92-533) must obtain this | ||||||
| 25 | certificate within 18 months after the date of hire. A person | ||||||
| 26 | hired before January 1, 1996 must obtain this certificate | ||||||
| |||||||
| |||||||
| 1 | within 24 months after January 1, 1996 (the effective date of | ||||||
| 2 | Public Act 89-170). Agencies seeking a reciprocity waiver for | ||||||
| 3 | training completed outside of Illinois must conduct a thorough | ||||||
| 4 | background check and provide verification of the officer's | ||||||
| 5 | prior training. After review and satisfaction of all requested | ||||||
| 6 | conditions, the officer shall be awarded an equivalency | ||||||
| 7 | certificate satisfying the requirements of this Section. | ||||||
| 8 | Within 60 days after January 1, 2024 (the effective date of | ||||||
| 9 | Public Act 103-389), the Board shall adopt uniform rules | ||||||
| 10 | providing for a waiver process for a person previously | ||||||
| 11 | employed and qualified as a law enforcement or county | ||||||
| 12 | corrections officer under federal law or the laws of any other | ||||||
| 13 | state, or who has completed a basic law enforcement officer or | ||||||
| 14 | correctional officer academy who would be qualified to be | ||||||
| 15 | employed as a law enforcement officer or correctional officer | ||||||
| 16 | by the federal government or any other state. These rules | ||||||
| 17 | shall address the process for evaluating prior training | ||||||
| 18 | credit, a description and list of the courses typically | ||||||
| 19 | required for reciprocity candidates to complete prior to | ||||||
| 20 | taking the exam, and a procedure for employers seeking a | ||||||
| 21 | pre-activation determination for a reciprocity training | ||||||
| 22 | waiver. The rules shall provide that any eligible person | ||||||
| 23 | previously trained as a law enforcement or county corrections | ||||||
| 24 | officer under federal law or the laws of any other state shall | ||||||
| 25 | successfully complete the following prior to the approval of a | ||||||
| 26 | waiver: | ||||||
| |||||||
| |||||||
| 1 | (1) a training program or set of coursework approved | ||||||
| 2 | by the Board on the laws of this State relevant to the | ||||||
| 3 | duties and training requirements of law enforcement and | ||||||
| 4 | county correctional officers; | ||||||
| 5 | (2) firearms training; and | ||||||
| 6 | (3) successful passage of the equivalency | ||||||
| 7 | certification examination. | ||||||
| 8 | The employing agency may seek an extension waiver from the | ||||||
| 9 | Board extending the period for compliance. An extension waiver | ||||||
| 10 | shall be issued only for good and justifiable reasons, and the | ||||||
| 11 | probationary part-time law enforcement officer may not | ||||||
| 12 | practice as a part-time law enforcement officer during the | ||||||
| 13 | extension waiver period. If training is required and not | ||||||
| 14 | completed within the applicable time period, as extended by | ||||||
| 15 | any waiver that may be granted, then the officer must forfeit | ||||||
| 16 | the officer's position. | ||||||
| 17 | An individual who is not certified by the Board or whose | ||||||
| 18 | certified status is inactive shall not function as a law | ||||||
| 19 | enforcement officer, be assigned the duties of a law | ||||||
| 20 | enforcement officer by an agency, or be authorized to carry | ||||||
| 21 | firearms under the authority of the employer, except that | ||||||
| 22 | sheriffs who are elected are exempt from the requirement of | ||||||
| 23 | certified status. Failure to be in accordance with this Act | ||||||
| 24 | shall cause the officer to forfeit the officer's position. | ||||||
| 25 | (a-5) A part-time probationary law enforcement officer | ||||||
| 26 | shall be allowed to complete 6 months of a part-time police | ||||||
| |||||||
| |||||||
| 1 | training course and function as a law enforcement officer as | ||||||
| 2 | permitted by this subsection with a waiver from the Board, | ||||||
| 3 | provided the part-time law enforcement officer is still | ||||||
| 4 | enrolled in the training course. If the part-time probationary | ||||||
| 5 | law enforcement officer withdraws from the course for any | ||||||
| 6 | reason or does not complete the course within the applicable | ||||||
| 7 | time period, as extended by any waiver that may be granted, | ||||||
| 8 | then the officer must forfeit the officer's position. A | ||||||
| 9 | probationary law enforcement officer must function under the | ||||||
| 10 | following rules: | ||||||
| 11 | (1) A law enforcement agency may not grant a person | ||||||
| 12 | status as a law enforcement officer unless the person has | ||||||
| 13 | been granted an active law enforcement officer | ||||||
| 14 | certification by the Board. | ||||||
| 15 | (2) A part-time probationary law enforcement officer | ||||||
| 16 | shall not be used as a permanent replacement for a | ||||||
| 17 | full-time law enforcement officer. | ||||||
| 18 | (3) A part-time probationary law enforcement officer | ||||||
| 19 | shall be directly supervised at all times by a | ||||||
| 20 | Board-certified law enforcement officer. Direct | ||||||
| 21 | supervision requires oversight and control with the | ||||||
| 22 | supervisor having final decision-making authority as to | ||||||
| 23 | the actions of the recruit during duty hours. | ||||||
| 24 | (b) Inactive status. A person who has an inactive law | ||||||
| 25 | enforcement officer certification has no law enforcement | ||||||
| 26 | authority. | ||||||
| |||||||
| |||||||
| 1 | (1) A law enforcement officer's certification becomes | ||||||
| 2 | inactive upon termination, resignation, retirement, or | ||||||
| 3 | separation from the employing agency for any reason. The | ||||||
| 4 | Board shall reactivate a certification upon written | ||||||
| 5 | application from the law enforcement officer's employing | ||||||
| 6 | agency that shows the law enforcement officer: (i) has | ||||||
| 7 | accepted a part-time law enforcement position with that a | ||||||
| 8 | law enforcement agency, (ii) is not the subject of a | ||||||
| 9 | decertification proceeding, and (iii) meets all other | ||||||
| 10 | criteria for reactivation required by the Board. | ||||||
| 11 | The Board may refuse to reactivate the certification | ||||||
| 12 | of a law enforcement officer who was involuntarily | ||||||
| 13 | terminated for good cause by the officer's employing | ||||||
| 14 | agency for conduct subject to decertification under this | ||||||
| 15 | Act or resigned or retired after receiving notice of a law | ||||||
| 16 | enforcement agency's investigation. | ||||||
| 17 | (2) A law enforcement agency may place an officer who | ||||||
| 18 | is currently certified on inactive status by sending a | ||||||
| 19 | written request to the Board. A law enforcement officer | ||||||
| 20 | whose certificate has been placed on inactive status shall | ||||||
| 21 | not function as a law enforcement officer until the | ||||||
| 22 | officer has completed any requirements for reactivating | ||||||
| 23 | the certificate as required by the Board. A request for | ||||||
| 24 | inactive status in this subsection shall be in writing, | ||||||
| 25 | accompanied by verifying documentation, and shall be | ||||||
| 26 | submitted to the Board by the law enforcement officer's | ||||||
| |||||||
| |||||||
| 1 | employing agency. | ||||||
| 2 | (3) Certification that has become inactive under | ||||||
| 3 | paragraph (2) of this subsection (b) shall be reactivated | ||||||
| 4 | by written notice from the law enforcement officer's law | ||||||
| 5 | enforcement agency upon a showing that the law enforcement | ||||||
| 6 | officer is: (i) employed in a part-time law enforcement | ||||||
| 7 | position with the same law enforcement agency, (ii) not | ||||||
| 8 | the subject of a decertification proceeding, and (iii) | ||||||
| 9 | meets all other criteria for reactivation required by the | ||||||
| 10 | Board. The Board may also establish special training | ||||||
| 11 | requirements to be completed as a condition for | ||||||
| 12 | reactivation. | ||||||
| 13 | The Board shall review a notice for reactivation from | ||||||
| 14 | a law enforcement agency and provide a response within 30 | ||||||
| 15 | days. The Board may extend this review. A law enforcement | ||||||
| 16 | officer shall be allowed to be employed as a part-time law | ||||||
| 17 | enforcement officer while the law enforcement officer | ||||||
| 18 | reactivation waiver is under review. | ||||||
| 19 | A law enforcement officer who is refused reactivation | ||||||
| 20 | or an employing agency of a law enforcement officer who is | ||||||
| 21 | refused reactivation under this Section may request a | ||||||
| 22 | hearing in accordance with the hearing procedures as | ||||||
| 23 | outlined in subsection (h) of Section 6.3 of this Act. | ||||||
| 24 | (4) Notwithstanding paragraph (3) of this Section, a | ||||||
| 25 | law enforcement officer whose certification has become | ||||||
| 26 | inactive under paragraph (2) may have the officer's | ||||||
| |||||||
| |||||||
| 1 | employing agency submit a request for a waiver of training | ||||||
| 2 | requirements to the Board in writing and accompanied by | ||||||
| 3 | any verifying documentation. A grant of a waiver is within | ||||||
| 4 | the discretion of the Board. Within 7 days of receiving a | ||||||
| 5 | request for a waiver under this section, the Board shall | ||||||
| 6 | notify the law enforcement officer and the chief | ||||||
| 7 | administrator of the law enforcement officer's employing | ||||||
| 8 | agency, whether the request has been granted, denied, or | ||||||
| 9 | if the Board will take additional time for information. A | ||||||
| 10 | law enforcement agency or law enforcement officer, whose | ||||||
| 11 | request for a waiver under this subsection is denied, is | ||||||
| 12 | entitled to request a review of the denial by the Board. | ||||||
| 13 | The law enforcement agency must request a review within 20 | ||||||
| 14 | days after the waiver being denied. The burden of proof | ||||||
| 15 | shall be on the law enforcement agency to show why the law | ||||||
| 16 | enforcement officer is entitled to a waiver of the | ||||||
| 17 | legislatively required training and eligibility | ||||||
| 18 | requirements. | ||||||
| 19 | (c) The part-time police training course referred to in | ||||||
| 20 | this Section shall be of similar content and the same number of | ||||||
| 21 | hours as the courses for full-time officers and shall be | ||||||
| 22 | provided by Mobile Team In-Service Training Units under the | ||||||
| 23 | Intergovernmental Law Enforcement Officer's In-Service | ||||||
| 24 | Training Act or by another approved program or facility in a | ||||||
| 25 | manner prescribed by the Board. | ||||||
| 26 | (d) Within 14 days, a law enforcement officer shall report | ||||||
| |||||||
| |||||||
| 1 | to the Board: (1) any name change; (2) any change in | ||||||
| 2 | employment; or (3) the filing of any criminal indictment or | ||||||
| 3 | charges against the officer alleging that the officer | ||||||
| 4 | committed any offense as enumerated in Section 6.1 of this | ||||||
| 5 | Act. | ||||||
| 6 | (e) All law enforcement officers must report the | ||||||
| 7 | completion of the training requirements required in this Act | ||||||
| 8 | in compliance with Section 8.4 of this Act. | ||||||
| 9 | (e-1) Each employing agency shall allow and provide an | ||||||
| 10 | opportunity for a law enforcement officer to complete the | ||||||
| 11 | requirements in this Act. All mandated training shall be | ||||||
| 12 | provided for at no cost to the employees. Employees shall be | ||||||
| 13 | paid for all time spent attending mandated training. | ||||||
| 14 | (e-2) Each agency, academy, or training provider shall | ||||||
| 15 | maintain proof of a law enforcement officer's completion of | ||||||
| 16 | legislatively required training in a format designated by the | ||||||
| 17 | Board. The report of training shall be submitted to the Board | ||||||
| 18 | within 30 days following completion of the training. A copy of | ||||||
| 19 | the report shall be submitted to the law enforcement officer. | ||||||
| 20 | Upon receipt of a properly completed report of training, the | ||||||
| 21 | Board will make the appropriate entry into the training | ||||||
| 22 | records of the law enforcement officer. | ||||||
| 23 | (f) For the purposes of this Section, the Board shall | ||||||
| 24 | adopt rules defining what constitutes employment on a | ||||||
| 25 | part-time basis. | ||||||
| 26 | (g) Notwithstanding any provision of law to the contrary, | ||||||
| |||||||
| |||||||
| 1 | the changes made to this Section by Public Act 102-694 and | ||||||
| 2 | Public Act 101-652 take effect July 1, 2022. | ||||||
| 3 | (Source: P.A. 103-389, eff. 1-1-24; 104-417, eff. 8-15-25.) | ||||||
| 4 | (50 ILCS 705/9) (from Ch. 85, par. 509) | ||||||
| 5 | Sec. 9. A special fund is hereby established in the State | ||||||
| 6 | Treasury to be known as the Traffic and Criminal Conviction | ||||||
| 7 | Surcharge Fund. Moneys in this Fund shall be expended as | ||||||
| 8 | follows: | ||||||
| 9 | (1) a portion of the total amount deposited in the | ||||||
| 10 | Fund may be used, as appropriated by the General Assembly, | ||||||
| 11 | for the ordinary and contingent expenses of the Illinois | ||||||
| 12 | Law Enforcement Training Standards Board; | ||||||
| 13 | (2) a portion of the total amount deposited in the | ||||||
| 14 | Fund shall be appropriated for the reimbursement of local | ||||||
| 15 | governmental agencies participating in training programs | ||||||
| 16 | certified by the Board, in an amount equaling 1/2 of the | ||||||
| 17 | total sum paid by such agencies during the State's | ||||||
| 18 | previous fiscal year for mandated training for | ||||||
| 19 | probationary police law enforcement officers or | ||||||
| 20 | probationary county corrections officers and for optional | ||||||
| 21 | advanced and specialized law enforcement or county | ||||||
| 22 | corrections training; these reimbursements may include the | ||||||
| 23 | costs for tuition at training schools, the salaries of | ||||||
| 24 | trainees while in schools, and the necessary travel and | ||||||
| 25 | room and board expenses for each trainee; if the | ||||||
| |||||||
| |||||||
| 1 | appropriations under this paragraph (2) are not sufficient | ||||||
| 2 | to fully reimburse the participating local governmental | ||||||
| 3 | agencies, the available funds shall be apportioned among | ||||||
| 4 | such agencies, with priority first given to repayment of | ||||||
| 5 | the costs of mandatory training given to law enforcement | ||||||
| 6 | officer or county corrections officer recruits, then to | ||||||
| 7 | repayment of costs of advanced or specialized training for | ||||||
| 8 | permanent police law enforcement officers or permanent | ||||||
| 9 | county corrections officers; | ||||||
| 10 | (3) a portion of the total amount deposited in the | ||||||
| 11 | Fund may be used to fund the Intergovernmental Law | ||||||
| 12 | Enforcement Officer's In-Service Training Act, veto | ||||||
| 13 | overridden October 29, 1981, as now or hereafter amended, | ||||||
| 14 | at a rate and method to be determined by the board; | ||||||
| 15 | (4) a portion of the Fund also may be used by the | ||||||
| 16 | Illinois State Police for expenses incurred in the | ||||||
| 17 | training of employees from any State, county, or municipal | ||||||
| 18 | agency whose function includes enforcement of criminal or | ||||||
| 19 | traffic law; | ||||||
| 20 | (5) a portion of the Fund may be used by the Board to | ||||||
| 21 | fund grant-in-aid programs and services for the training | ||||||
| 22 | of employees from any county or municipal agency whose | ||||||
| 23 | functions include corrections or the enforcement of | ||||||
| 24 | criminal or traffic law; | ||||||
| 25 | (6) for fiscal years 2013 through 2017 only, a portion | ||||||
| 26 | of the Fund also may be used by the Department of State | ||||||
| |||||||
| |||||||
| 1 | Police to finance any of its lawful purposes or functions; | ||||||
| 2 | (7) a portion of the Fund may be used by the Board, | ||||||
| 3 | subject to appropriation, to administer grants to local | ||||||
| 4 | law enforcement agencies for the purpose of purchasing | ||||||
| 5 | bulletproof vests under the Law Enforcement Officer | ||||||
| 6 | Bulletproof Vest Act; and | ||||||
| 7 | (8) a portion of the Fund may be used by the Board to | ||||||
| 8 | create a law enforcement grant program available for units | ||||||
| 9 | of local government to fund crime prevention programs, | ||||||
| 10 | training, and interdiction efforts, including enforcement | ||||||
| 11 | and prevention efforts, relating to the illegal cannabis | ||||||
| 12 | market and driving under the influence of cannabis. | ||||||
| 13 | All payments from the Traffic and Criminal Conviction | ||||||
| 14 | Surcharge Fund shall be made each year from moneys | ||||||
| 15 | appropriated for the purposes specified in this Section. No | ||||||
| 16 | more than 50% of any appropriation under this Act shall be | ||||||
| 17 | spent in any city having a population of more than 500,000. The | ||||||
| 18 | State Comptroller and the State Treasurer shall from time to | ||||||
| 19 | time, at the direction of the Governor, transfer from the | ||||||
| 20 | Traffic and Criminal Conviction Surcharge Fund to the General | ||||||
| 21 | Revenue Fund in the State Treasury such amounts as the | ||||||
| 22 | Governor determines are in excess of the amounts required to | ||||||
| 23 | meet the obligations of the Traffic and Criminal Conviction | ||||||
| 24 | Surcharge Fund. | ||||||
| 25 | (Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22; | ||||||
| 26 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/10) (from Ch. 85, par. 510) | ||||||
| 2 | Sec. 10. The Board may make, amend and rescind such rules | ||||||
| 3 | and regulations as may be necessary to carry out the | ||||||
| 4 | provisions of this Act, including those relating to the annual | ||||||
| 5 | certification of retired law enforcement officers qualified | ||||||
| 6 | under federal law to carry a concealed weapon. A copy of all | ||||||
| 7 | rules and regulations and amendments or rescissions thereof | ||||||
| 8 | shall be filed with the Secretary of State within a reasonable | ||||||
| 9 | time after their adoption. The schools certified by the Board | ||||||
| 10 | and participating in the training program may dismiss from the | ||||||
| 11 | school any trainee prior to the officer's completion of the | ||||||
| 12 | course, if in the opinion of the person in charge of the | ||||||
| 13 | training school, the trainee is unable or unwilling to | ||||||
| 14 | satisfactorily complete the prescribed course of training. | ||||||
| 15 | The Board shall adopt emergency rules to administer this | ||||||
| 16 | Act in accordance with Section 5-45 of the Illinois | ||||||
| 17 | Administrative Procedure Act. For the purposes of the Illinois | ||||||
| 18 | Administrative Procedure Act, the General Assembly finds that | ||||||
| 19 | the adoption of rules to implement this Act is deemed an | ||||||
| 20 | emergency and necessary to the public interest, safety, and | ||||||
| 21 | welfare. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
| 23 | (50 ILCS 705/10.1) (from Ch. 85, par. 510.1) | ||||||
| 24 | Sec. 10.1. Additional training programs. The Board shall | ||||||
| |||||||
| |||||||
| 1 | initiate, administer, and conduct training programs for | ||||||
| 2 | permanent police law enforcement officers and permanent county | ||||||
| 3 | corrections officers in addition to the basic recruit training | ||||||
| 4 | program. The Board may initiate, administer, and conduct | ||||||
| 5 | training programs for part-time police law enforcement | ||||||
| 6 | officers in addition to the basic part-time police law | ||||||
| 7 | enforcement training course. The training for permanent and | ||||||
| 8 | part-time police law enforcement officers and permanent county | ||||||
| 9 | corrections officers may be given in any schools selected by | ||||||
| 10 | the Board. Such training may include all or any part of the | ||||||
| 11 | subjects enumerated in Sections 7 and 7.4 of this Act. | ||||||
| 12 | The corporate authorities of all participating local | ||||||
| 13 | governmental agencies may elect to participate in the advanced | ||||||
| 14 | training for permanent and part-time police law enforcement | ||||||
| 15 | officers and permanent county corrections officers but | ||||||
| 16 | nonparticipation in this program shall not in any way affect | ||||||
| 17 | the mandatory responsibility of governmental units to | ||||||
| 18 | participate in the basic recruit training programs for | ||||||
| 19 | probationary full-time and part-time police law enforcement | ||||||
| 20 | and permanent county corrections officers. The failure of any | ||||||
| 21 | permanent or part-time police law enforcement officer or | ||||||
| 22 | permanent county corrections officer to successfully complete | ||||||
| 23 | any course authorized under this Section shall not affect the | ||||||
| 24 | officer's status as a member of the police department or | ||||||
| 25 | county sheriff's office of any local governmental agency. | ||||||
| 26 | The Board may initiate, administer, and conduct training | ||||||
| |||||||
| |||||||
| 1 | programs for clerks of circuit courts. Those training | ||||||
| 2 | programs, at the Board's discretion, may be the same or | ||||||
| 3 | variations of training programs for law enforcement officers. | ||||||
| 4 | The Board shall initiate, administer, and conduct a | ||||||
| 5 | training program regarding the set up and operation of | ||||||
| 6 | portable scales for all municipal and county police officers, | ||||||
| 7 | technicians, and employees who set up and operate portable | ||||||
| 8 | scales. This training program must include classroom and field | ||||||
| 9 | training. | ||||||
| 10 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | ||||||
| 11 | (50 ILCS 705/10.2) | ||||||
| 12 | Sec. 10.2. Criminal background investigations. | ||||||
| 13 | (a) On and after March 14, 2002 (the effective date of | ||||||
| 14 | Public Act 92-533), an applicant for employment as a peace | ||||||
| 15 | officer, or for annual certification as a retired law | ||||||
| 16 | enforcement officer qualified under federal law to carry a | ||||||
| 17 | concealed weapon, shall authorize an investigation to | ||||||
| 18 | determine if the applicant has been convicted of, or entered a | ||||||
| 19 | plea of guilty to, any criminal offense that disqualifies the | ||||||
| 20 | person as a peace officer. | ||||||
| 21 | (b) No law enforcement agency may knowingly employ a | ||||||
| 22 | person, or certify a retired law enforcement officer qualified | ||||||
| 23 | under federal law to carry a concealed weapon, unless (i) a | ||||||
| 24 | criminal background investigation of that person has been | ||||||
| 25 | completed and (ii) that investigation reveals no convictions | ||||||
| |||||||
| |||||||
| 1 | of or pleas of guilty to of offenses specified in subsection | ||||||
| 2 | (a) of Section 6.1 of this Act. | ||||||
| 3 | (Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22; | ||||||
| 4 | 102-558, eff. 8-20-21; 102-694, eff. 1-7-22.) | ||||||
| 5 | (50 ILCS 705/10.3) | ||||||
| 6 | Sec. 10.3. Training of police law enforcement officers to | ||||||
| 7 | conduct electronic interrogations. | ||||||
| 8 | (a) From appropriations made to it for that purpose, the | ||||||
| 9 | Board shall initiate, administer, and conduct training | ||||||
| 10 | programs for permanent police law enforcement officers, | ||||||
| 11 | part-time police law enforcement officers, and recruits on the | ||||||
| 12 | methods and technical aspects of conducting electronic | ||||||
| 13 | recordings of interrogations. | ||||||
| 14 | (b) Subject to appropriation, the Board shall develop | ||||||
| 15 | technical guidelines for the mandated recording of custodial | ||||||
| 16 | interrogations in all homicide investigations by law | ||||||
| 17 | enforcement agencies. These guidelines shall be developed in | ||||||
| 18 | conjunction with law enforcement agencies and technology | ||||||
| 19 | accreditation groups to provide guidance for law enforcement | ||||||
| 20 | agencies in implementing the mandated recording of custodial | ||||||
| 21 | interrogations in all homicide investigations. | ||||||
| 22 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
| 23 | (50 ILCS 705/10.5-1 new) | ||||||
| 24 | Sec. 10.5-1. Conservators of the Peace training course. | ||||||
| |||||||
| |||||||
| 1 | The Board shall initiate, administer, and conduct a training | ||||||
| 2 | course for conservators of the peace. The training course may | ||||||
| 3 | include all or any part of the subjects enumerated in Section | ||||||
| 4 | 7. The Board shall issue a certificate to those persons | ||||||
| 5 | successfully completing the course. For the purposes of this | ||||||
| 6 | Section, "conservators of the peace" means those persons | ||||||
| 7 | designated under Section 3.1-15-25 of the Illinois Municipal | ||||||
| 8 | Code and Section 4-7 of the Park District Code. | ||||||
| 9 | (50 ILCS 705/10.11) | ||||||
| 10 | Sec. 10.11. Training; death and homicide investigation. | ||||||
| 11 | The Illinois Law Enforcement Training Standards Board shall | ||||||
| 12 | conduct or approve a training program in death and homicide | ||||||
| 13 | investigation for the training of law enforcement officers of | ||||||
| 14 | local law enforcement agencies. Only law enforcement officers | ||||||
| 15 | who successfully complete the training program may be assigned | ||||||
| 16 | as lead investigators in death and homicide investigations. | ||||||
| 17 | Satisfactory completion of the training program shall be | ||||||
| 18 | evidenced by a certificate issued to the law enforcement | ||||||
| 19 | officer by the Illinois Law Enforcement Training Standards | ||||||
| 20 | Board. | ||||||
| 21 | The Illinois Law Enforcement Training Standards Board | ||||||
| 22 | shall develop a process for waiver applications sent by a | ||||||
| 23 | local law enforcement governmental agency administrator for | ||||||
| 24 | those officers whose prior training and experience as homicide | ||||||
| 25 | investigators may qualify them for a waiver. The Board may | ||||||
| |||||||
| |||||||
| 1 | issue a waiver at its discretion, based solely on the prior | ||||||
| 2 | training and experience of an officer as a homicide | ||||||
| 3 | investigator. This Section does not affect or impede the | ||||||
| 4 | powers of the office of the coroner to investigate all deaths | ||||||
| 5 | as provided in Division 3-3 of the Counties Code and the | ||||||
| 6 | Coroner Training Board Act. | ||||||
| 7 | (Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21; | ||||||
| 8 | 102-694, eff. 1-7-22.) | ||||||
| 9 | (50 ILCS 705/10.18) | ||||||
| 10 | Sec. 10.18. Training; administration of opioid | ||||||
| 11 | antagonists. The Board shall conduct or approve an in-service | ||||||
| 12 | training program for police law enforcement officers in the | ||||||
| 13 | administration of opioid antagonists as defined in paragraph | ||||||
| 14 | (1) of subsection (e) of Section 5-23 of the Substance Use | ||||||
| 15 | Disorder Act that is in accordance with that Section. As used | ||||||
| 16 | in this Section, the term "police law enforcement officers" | ||||||
| 17 | includes full-time or part-time probationary police law | ||||||
| 18 | enforcement officers, permanent or part-time police law | ||||||
| 19 | enforcement officers, recruits, permanent or probationary | ||||||
| 20 | county corrections officers, permanent or probationary county | ||||||
| 21 | security officers, and court security officers. The term does | ||||||
| 22 | not include auxiliary police officers as defined in Section | ||||||
| 23 | 3.1-30-20 of the Illinois Municipal Code. | ||||||
| 24 | (Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.) | ||||||
| |||||||
| |||||||
| 1 | (50 ILCS 705/10.19) | ||||||
| 2 | Sec. 10.19. Training; administration of epinephrine. | ||||||
| 3 | (a) This Section, along with Section 40 of the Illinois | ||||||
| 4 | State Police Act, may be referred to as the Annie LeGere Law. | ||||||
| 5 | (b) For purposes of this Section, "epinephrine | ||||||
| 6 | auto-injector" means a single-use device used for the | ||||||
| 7 | automatic injection of a pre-measured dose of epinephrine into | ||||||
| 8 | the human body prescribed in the name of a local law | ||||||
| 9 | enforcement agency. | ||||||
| 10 | (c) The Board shall conduct or approve an optional | ||||||
| 11 | advanced training program for police law enforcement officers | ||||||
| 12 | to recognize and respond to anaphylaxis, including the | ||||||
| 13 | administration of an epinephrine auto-injector. The training | ||||||
| 14 | must include, but is not limited to: | ||||||
| 15 | (1) how to recognize symptoms of an allergic reaction; | ||||||
| 16 | (2) how to respond to an emergency involving an | ||||||
| 17 | allergic reaction; | ||||||
| 18 | (3) how to administer an epinephrine auto-injector; | ||||||
| 19 | (4) how to respond to an individual with a known | ||||||
| 20 | allergy as well as an individual with a previously unknown | ||||||
| 21 | allergy; | ||||||
| 22 | (5) a test demonstrating competency of the knowledge | ||||||
| 23 | required to recognize anaphylaxis and administer an | ||||||
| 24 | epinephrine auto-injector; and | ||||||
| 25 | (6) other criteria as determined in rules adopted by | ||||||
| 26 | the Board. | ||||||
| |||||||
| |||||||
| 1 | (d) A local law enforcement agency may authorize a police | ||||||
| 2 | law enforcement officer who has completed an optional advanced | ||||||
| 3 | training program under subsection (c) to carry, administer, or | ||||||
| 4 | assist with the administration of epinephrine auto-injectors | ||||||
| 5 | provided by the local law enforcement agency whenever the | ||||||
| 6 | officer is performing official duties. | ||||||
| 7 | (e) A local law enforcement agency that authorizes its | ||||||
| 8 | officers to carry and administer epinephrine auto-injectors | ||||||
| 9 | under subsection (d) must establish a policy to control the | ||||||
| 10 | acquisition, storage, transportation, administration, and | ||||||
| 11 | disposal of epinephrine auto-injectors and to provide | ||||||
| 12 | continued training in the administration of epinephrine | ||||||
| 13 | auto-injectors. | ||||||
| 14 | (f) A physician, physician assistant with prescriptive | ||||||
| 15 | authority, or advanced practice registered nurse with | ||||||
| 16 | prescriptive authority may provide a standing protocol or | ||||||
| 17 | prescription for epinephrine auto-injectors in the name of a | ||||||
| 18 | local law enforcement agency to be maintained for use when | ||||||
| 19 | necessary. | ||||||
| 20 | (g) When a police law enforcement officer administers an | ||||||
| 21 | epinephrine auto-injector in good faith, the police law | ||||||
| 22 | enforcement officer and local law enforcement agency, and its | ||||||
| 23 | employees and agents, including a physician, physician | ||||||
| 24 | assistant with prescriptive authority, or advanced practice | ||||||
| 25 | registered nurse with prescriptive authority who provides a | ||||||
| 26 | standing order or prescription for an epinephrine | ||||||
| |||||||
| |||||||
| 1 | auto-injector, incur no civil or professional liability, | ||||||
| 2 | except for willful and wanton conduct, or as a result of any | ||||||
| 3 | injury or death arising from the use of an epinephrine | ||||||
| 4 | auto-injector. | ||||||
| 5 | (Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22; | ||||||
| 6 | 103-154, eff. 6-30-23.) | ||||||
| 7 | (50 ILCS 705/10.20) | ||||||
| 8 | Sec. 10.20. Disposal of medications. The Board shall | ||||||
| 9 | develop rules and minimum standards for local law enforcement | ||||||
| 10 | agencies that authorize police law enforcement officers to | ||||||
| 11 | dispose of unused medications under Section 18 of the Safe | ||||||
| 12 | Pharmaceutical Disposal Act. | ||||||
| 13 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | ||||||
| 14 | (50 ILCS 705/3.1 rep.) | ||||||
| 15 | (50 ILCS 705/6.3 rep.) | ||||||
| 16 | (50 ILCS 705/6.6 rep.) | ||||||
| 17 | (50 ILCS 705/6.7 rep.) | ||||||
| 18 | (50 ILCS 705/8.3 rep.) | ||||||
| 19 | (50 ILCS 705/8.4 rep.) | ||||||
| 20 | (50 ILCS 705/9.2 rep.) | ||||||
| 21 | (50 ILCS 705/13 rep.) | ||||||
| 22 | Section 410. The Illinois Police Training Act is amended | ||||||
| 23 | by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and | ||||||
| 24 | 13. | ||||||
| |||||||
| |||||||
| 1 | Section 415. The Counties Code is amended by changing | ||||||
| 2 | Section 3-6001.5 as follows: | ||||||
| 3 | (55 ILCS 5/3-6001.5) | ||||||
| 4 | Sec. 3-6001.5. Sheriff qualifications. A person is not | ||||||
| 5 | eligible to be elected or appointed to the office of sheriff, | ||||||
| 6 | unless that person meets all of the following requirements: | ||||||
| 7 | (1) Is a United States citizen. | ||||||
| 8 | (2) Has been a resident of the county for at least one | ||||||
| 9 | year. | ||||||
| 10 | (3) Is not a convicted felon. | ||||||
| 11 | (4) Has a certificate attesting to his or her | ||||||
| 12 | successful completion of the Minimum Standards Basic Law | ||||||
| 13 | Enforcement Officers Training Course as prescribed by the | ||||||
| 14 | Illinois Law Enforcement Training Standards Board or a | ||||||
| 15 | substantially similar training program of another state or | ||||||
| 16 | the federal government. This paragraph does not apply to a | ||||||
| 17 | sheriff currently serving on the effective date of this | ||||||
| 18 | amendatory Act of the 101st General Assembly. | ||||||
| 19 | (Source: P.A. 101-652, eff. 1-1-22.) | ||||||
| 20 | Section 995. No acceleration or delay. Where this Act | ||||||
| 21 | makes changes in a statute that is represented in this Act by | ||||||
| 22 | text that is not yet or no longer in effect (for example, a | ||||||
| 23 | Section represented by multiple versions), the use of that | ||||||
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| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 1 | text does not accelerate or delay the taking effect of (i) the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 2 | changes made by this Act or (ii) provisions derived from any | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 3 | other Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 4 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| 5 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||