Rep. Ryan Spain

Filed: 4/5/2022

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1 AMENDMENT TO HOUSE BILL 1568

2 AMENDMENT NO. ______. Amend House Bill 1568, AS AMENDED,

3 by replacing everything after the enacting clause with the

4 following:

5 "(5 ILCS 845/Act rep.)

6 Section 1. The Statewide Use of Force Standardization Act

7 is repealed.

8 (730 ILCS 205/Act rep.)

9 Section 5. The No Representation Without Population Act is

10 repealed.

11 (730 ILCS 210/Act rep.)

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

13 repealed.

14 (20 ILCS 5165/Act rep.)

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1 Section 15. The Task Force on Constitutional Rights and

2 Remedies Act is repealed.

3 (5 ILCS 70/1.43 rep.)

4 Section 20. The Statute on Statutes is amended by

5 repealing Section 1.43.

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

7 changing Section 2.15 as follows:

8 (5 ILCS 140/2.15)

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

10 (a) Arrest reports. The following chronologically

11 maintained arrest and criminal history information maintained

12 by State or local criminal justice agencies shall be furnished

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

14 the arrest, notwithstanding the time limits otherwise provided

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

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

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

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

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

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

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

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

23 time and date that the individual was received into,

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

2 custody.

3 (b) Criminal history records. The following documents

4 maintained by a public body pertaining to criminal history

5 record information are public records subject to inspection

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

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

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

9 the requesting party is the individual identified, except as

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

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

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

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

14 reasonably contemplated law enforcement proceedings conducted

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

16 physical safety of law enforcement or correctional personnel

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

18 correctional facility.

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

20 confidentiality provisions for law enforcement or arrest

21 records of the Juvenile Court Act of 1987.

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

23 law enforcement agency may not publish booking photographs,

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

25 in connection with civil offenses, petty offenses, business

26 offenses, Class C misdemeanors, and Class B misdemeanors

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1 unless the booking photograph is posted to the social

2 networking website to assist in the search for a missing

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

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

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

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

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

8 the Right to Privacy in the Workplace Act.

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

10 101-652.)

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

12 Section 4a as follows:

13 (5 ILCS 160/4a)

14 Sec. 4a. Arrest records and 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

22 arrest.

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

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

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1 enforcement agency.

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

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

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

5 date that the individual was received, discharged, or

6 transferred from the arresting agency's custody.

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

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

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

10 hours from the arrest. The information described in paragraphs

11 (3), (4), (5), and (6) of subsection (a), however, may be

12 withheld if it is determined that disclosure would:

13 (1) interfere with pending or actually and reasonably

14 contemplated law enforcement proceedings conducted by any

15 law enforcement or correctional agency;

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

17 enforcement or correctional personnel or any other person;

18 or

19 (3) compromise the security of any correctional

20 facility.

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

22 media" means personnel of a newspaper or other periodical

23 issued at regular intervals whether in print or electronic

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

25 a radio station, a television station, a television network, a

26 community antenna television service, or a person or

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1 corporation engaged in making news reels or other motion

2 picture news for public showing.

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

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

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

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

7 record.

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

9 confidentiality provisions for arrest records of the Juvenile

10 Court Act of 1987.

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

12 under this Section is subject to the provisions of Section

13 2QQQ of the Consumer Fraud and Deceptive Business Practices

14 Act.

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

16 law enforcement agency may not publish booking photographs,

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

18 in connection with civil offenses, petty offenses, business

19 offenses, Class C misdemeanors, and Class B misdemeanors

20 unless the booking photograph is posted to the social

21 networking website to assist in the search for a missing

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

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

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

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

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

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1 the Right to Privacy in the Workplace Act.

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

3 Section 35. The Illinois Public Labor Relations Act is

4 amended by changing Section 14 as follows:

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

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

7 disputes.

8 (a) In the case of collective bargaining agreements

9 involving units of security employees of a public employer,

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

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

12 parties mutually agree to some other time limit, mediation

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

14 agreement or at such later time as the mediation services

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

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

17 collective bargaining agreement, mediation shall commence upon

18 15 days notice from either party or at such later time as the

19 mediation services chosen pursuant to subsection (b) of

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

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

22 services from the Federal Mediation and Conciliation Service,

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

24 additional cost of mediation services from another source. The

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

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

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

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

5 mutually agreed upon by the parties, either the exclusive

6 representative or employer may request of the other, in

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

8 to the Board.

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

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

11 employees' exclusive representative shall choose a delegate to

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

13 employer and employees shall forthwith advise the other and

14 the Board of their selections.

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

16 parties shall request a panel of impartial arbitrators from

17 which they shall select the neutral chairman according to the

18 procedures provided in this Section. If the parties have

19 agreed to a contract that contains a grievance resolution

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

21 selected using their agreed contract procedure unless they

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

23 notify the Board of their selection of neutral chairman within

24 7 days after receipt of the list of impartial arbitrators, the

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

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

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1 selecting an impartial arbitrator, either party may request a

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

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

4 Mediation Roster 7 persons who are on the labor arbitration

5 panels of either the American Arbitration Association or the

6 Federal Mediation and Conciliation Service, or who are members

7 of the National Academy of Arbitrators, as nominees for

8 impartial arbitrator of the arbitration panel. The parties may

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

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

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

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

13 parties agree on an alternate selection procedure, they shall

14 alternatively strike one name from the list provided by the

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

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

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

18 neutral chairman, the Board shall appoint a neutral chairman

19 from the Illinois Public Employees Mediation/Arbitration

20 Roster.

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

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

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

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

25 chairman shall preside over the hearing and shall take

26 testimony. Any oral or documentary evidence and other data

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1 deemed relevant by the arbitration panel may be received in

2 evidence. The proceedings shall be informal. Technical rules

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

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

5 proceedings shall be made and the arbitrator shall arrange for

6 the necessary recording service. Transcripts may be ordered at

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

8 shall not be necessary for a decision by the arbitration

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

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

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

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

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

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

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

16 its commencement. Majority actions and rulings shall

17 constitute the actions and rulings of the arbitration panel.

18 Arbitration proceedings under this Section shall not be

19 interrupted or terminated by reason of any unfair labor

20 practice charge filed by either party at any time.

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

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

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

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

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

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

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

2 contempt while in attendance at any hearing, the arbitration

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

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

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

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

7 punished by the court as contempt.

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

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

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

11 dispute to the parties for further collective bargaining for a

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

13 further collective bargaining the time provisions of this Act

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

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

16 the Board of the remand.

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

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

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

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

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

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

23 determination of the arbitration panel as to the issues in

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

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

26 conclusion of the hearing, or such further additional periods

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

2 fact and promulgate a written opinion and shall mail or

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

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

5 the arbitration panel shall adopt the last offer of settlement

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

7 complies with the applicable factors prescribed in subsection

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

9 shall be based upon the applicable factors prescribed in

10 subsection (h).

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

12 where there is an agreement but the parties have begun

13 negotiations or discussions looking to a new agreement or

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

15 conditions of employment under the proposed new or amended

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

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

18 applicable:

19 (1) The lawful authority of the employer.

20 (2) Stipulations of the parties.

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

22 financial ability of the unit of government to meet those

23 costs.

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

25 employment of the employees involved in the arbitration

26 proceeding with the wages, hours and conditions of

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1 employment of other employees performing similar services

2 and with other employees generally:

3 (A) In public employment in comparable

4 communities.

5 (B) In private employment in comparable

6 communities.

7 (5) The average consumer prices for goods and

8 services, commonly known as the cost of living.

9 (6) The overall compensation presently received by the

10 employees, including direct wage compensation, vacations,

11 holidays and other excused time, insurance and pensions,

12 medical and hospitalization benefits, the continuity and

13 stability of employment and all other benefits received.

14 (7) Changes in any of the foregoing circumstances

15 during the pendency of the arbitration proceedings.

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

17 which are normally or traditionally taken into

18 consideration in the determination of wages, hours and

19 conditions of employment through voluntary collective

20 bargaining, mediation, fact-finding, arbitration or

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

22 private employment.

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

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

25 employment (which may include residency requirements in

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

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1 those residency requirements shall not allow residency outside

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

3 requirements in municipalities with a population of at least

4 ~~100,000~~ 1,000,000; ii) the type of equipment, other than

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

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

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

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

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

10 arbitration decision regarding equipment or manning levels if

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

12 manning considerations in a specific work assignment involve a

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

14 is inherent in the normal performance of police duties.

15 Limitation of the terms of the arbitration decision pursuant

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

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

18 subsection (h).

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

20 district paramedic matters, the arbitration decision shall be

21 limited to wages, hours, and conditions of employment

22 (including manning and also including residency requirements

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

24 residency requirements shall not allow residency outside of

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

26 residency requirements in municipalities with a population of

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

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

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

4 mutual aid and assistance agreements to other units of

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

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

7 nothing herein shall preclude an arbitration decision

8 regarding equipment levels if such decision is based on a

9 finding that the equipment considerations in a specific work

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

11 fighter beyond that which is inherent in the normal

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

13 the arbitration decision pursuant to this subsection shall not

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

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

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

17 90-385 (relating to residency requirements) do not apply to

18 persons who are employed by a combined department that

19 performs both police and firefighting services; these persons

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

21 relating to peace officers, as they existed before the

22 amendment by Public Act 90-385.

23 To preserve historical bargaining rights, this subsection

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

25 bargaining agreement in effect and applicable on the effective

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

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1 preclude arbitration with respect to any such provision.

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

3 by the filing of a letter requesting mediation as required

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

5 new municipal fiscal year after the initiation of arbitration

6 procedures under this Act, but before the arbitration

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

8 dispute moot, or to otherwise impair the jurisdiction or

9 authority of the arbitration panel or its decision. Increases

10 in rates of compensation awarded by the arbitration panel may

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

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

13 fiscal year has commenced either since the initiation of

14 arbitration procedures under this Act or since any mutually

15 agreed extension of the statutorily required period of

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

17 causing a delay in the initiation of arbitration, the

18 foregoing limitations shall be inapplicable, and such awarded

19 increases may be retroactive to the commencement of the fiscal

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

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

22 amend or modify an award of arbitration.

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

24 upon appropriate petition by either the public employer or the

25 exclusive bargaining representative, by the circuit court for

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

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

2 arbitration panel was without or exceeded its statutory

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

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

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

6 appropriate circuit court within 90 days following the

7 issuance of the arbitration order. The pendency of such

8 proceeding for review shall not automatically stay the order

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

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

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

12 reasonable attorneys' fees and costs to the successful party

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

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

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

16 annum from the effective retroactive date.

17 (l) During the pendency of proceedings before the

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

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

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

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

22 The proceedings are deemed to be pending before the

23 arbitration panel upon the initiation of arbitration

24 procedures under this Act.

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

26 Officers, Fire Fighters and fire department and fire

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1 protection district paramedics, covered by this Section may

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

3 prevent such employees from performing services at any time.

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

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

6 employer's governing body for ratification and adoption by

7 law, ordinance or the equivalent appropriate means.

8 The governing body shall review each term decided by the

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

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

11 of those duly elected and qualified members of the governing

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

13 firefighters employed by a state university, at the next

14 regularly scheduled meeting of the governing body after

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

16 collective bargaining agreement of the parties. If the

17 governing body affirmatively rejects one or more terms of the

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

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

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

21 arbitration panel for further proceedings and issuance of a

22 supplemental decision with respect to the rejected terms. Any

23 supplemental decision by an arbitration panel or other

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

25 the governing body for ratification and adoption in accordance

26 with the procedures and voting requirements set forth in this

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1 Section. The voting requirements of this subsection shall

2 apply to all disputes submitted to arbitration pursuant to

3 this Section notwithstanding any contrary voting requirements

4 contained in any existing collective bargaining agreement

5 between the parties.

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

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

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

9 for further proceedings and issuance of a supplemental

10 decision. All reasonable costs of such supplemental proceeding

11 including the exclusive representative's reasonable attorney's

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

13 employer.

14 (p) Notwithstanding the provisions of this Section the

15 employer and exclusive representative may agree to submit

16 unresolved disputes concerning wages, hours, terms and

17 conditions of employment to an alternative form of impasse

18 resolution.

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

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

21 Responder Partnership for Deflection and Substance Use

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

23 10, 15, 20, 30, and 35 as follows:

24 (5 ILCS 820/1)

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

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

3 Partnership for Deflection and Substance Use Disorder

4 Treatment Act.

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

6 (5 ILCS 820/5)

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

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

9 are persistent and growing concerns for Illinois communities.

10 These concerns compound existing challenges to adequately

11 address and manage substance use and mental health disorders.

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

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

14 connections to community-based behavioral health interventions

15 that provide substance use treatment and can help save and

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

17 criminal offending, and recidivism; and help prevent arrest

18 and conviction records that destabilize health, families, and

19 opportunities for community citizenship and self-sufficiency.

20 These efforts are bolstered when pursued in partnership with

21 licensed behavioral health treatment providers and community

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

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

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

25 programs in Illinois that offer immediate pathways to

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1 substance use treatment and other services as an alternative

2 to traditional case processing and involvement in the criminal

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

4 ~~departments~~.

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

6 (5 ILCS 820/10)

7 Sec. 10. Definitions. In this Act:

8 "Case management" means those services which will assist

9 persons in gaining access to needed social, educational,

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

11 services.

12 "Community member or organization" means an individual

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

14 organization, religious institution, charitable organization,

15 or other public body committed to the improvement of

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

17 overall social welfare of the community, and may include

18 persons with lived experience in recovery from substance use

19 disorder, either themselves or as family members.

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

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

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

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

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

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

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

2 licensed substance use treatment provider or clinician for

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

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

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

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

7 includes defined criteria for eligibility and communication

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

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

10 the purpose of providing substance use treatment to those

11 persons in lieu of arrest or further justice system

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

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

14 limited to, the following types of responses:

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

16 peace officer or law enforcement agency subsequent to

17 emergency administration of medication to reverse an

18 overdose, or in cases of severe substance use disorder

19 with acute risk for overdose;

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

21 an individual by contacting a peace officer or law

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

23 acknowledgment of their substance use or disorder;

24 (3) an active outreach deflection response initiated

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

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

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1 persons thought likely to have a substance use disorder;

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

3 deflection response initiated by a peace officer or law

4 enforcement agency in response to a community call when no

5 criminal charges are present; and

6 (5) an officer intervention deflection response when

7 criminal charges are present but held in abeyance pending

8 engagement with treatment.

9 "Law enforcement agency" means a municipal police

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

11 Illinois State Police, or other law enforcement agency whose

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

13 powers similar to those conferred upon any peace officer

14 employed by a law enforcement agency of this State.

15 "Licensed treatment provider" means an organization

16 licensed by the Department of Human Services to perform an

17 activity or service, or a coordinated range of those

18 activities or services, as the Department of Human Services

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

20 outpatient, intensive outpatient, and residential services and

21 care, including assessment, diagnosis, case management,

22 medical, psychiatric, psychological and social services,

23 medication-assisted treatment, care and counseling, and

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

25 or treat substance use disorder or to families of those

26 persons.

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

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

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

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

5 powers similar to those conferred upon any peace officer

6 employed by a law enforcement agency of this State.

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

8 or other drugs leading to clinical or functional impairment,

9 in accordance with the definition in the Diagnostic and

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

11 subsequent editions.

12 "Treatment" means the broad range of emergency,

13 outpatient, intensive outpatient, and residential services and

14 care (including assessment, diagnosis, case management,

15 medical, psychiatric, psychological and social services,

16 medication-assisted treatment, care and counseling, and

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

18 substance use disorders, persons with mental illness, or

19 families of those persons.

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

21 revised 10-6-21.)

22 (5 ILCS 820/15)

23 Sec. 15. Authorization.

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

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

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1 provisions of this Act in partnership with one or more

2 licensed providers of substance use disorder treatment

3 services and one or more community members or organizations.

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

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

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

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

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

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

10 intervention deflection response, or any combination of those.

11 (c) Nothing shall preclude the General Assembly from

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

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

14 developing a deflection program response based on a model

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

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

17 evidence-based practices.

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

19 should be provided by a licensed treatment provider or other

20 appropriate provider and may include peer recovery support

21 approaches.

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

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

24 shall include:

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

26 programs and one or more community members or

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1 organizations; and

2 (2) an agreement with the Illinois Criminal Justice

3 Information Authority to collect and evaluate relevant

4 statistical data related to the program, as established by

5 the Illinois Criminal Justice Information Authority in

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

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

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

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

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

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

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

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

14 101-652.)

15 (5 ILCS 820/20)

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

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

18 community members or organizations shall establish a local

19 deflection program plan that includes protocols and procedures

20 for participant identification, screening or assessment,

21 treatment facilitation, reporting, and ongoing involvement of

22 the law enforcement agency. Licensed substance use disorder

23 treatment organizations shall adhere to 42 CFR Part 2

24 regarding confidentiality regulations for information exchange

25 or release. Substance use disorder treatment services shall

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1 adhere to all regulations specified in Department of Human

2 Services Administrative Rules, Parts 2060 and 2090.

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

4 (5 ILCS 820/30)

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

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

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

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

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

10 constitute willful and wanton misconduct.

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

12 (5 ILCS 820/35)

13 Sec. 35. Funding.

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

15 Illinois Criminal Justice Information Authority for the

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

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

18 partners as part of deflection programs subject to subsection

19 (d) of Section 15 of this Act.

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

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

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

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

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

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

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

3 ~~activities.~~

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

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

6 Authority may adopt guidelines and requirements to direct the

7 distribution of funds for expenses related to deflection

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

9 and existing deflection programs in a broad spectrum of

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

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

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

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

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

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

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

17 limited to, the following:

18 (1) activities related to program administration,

19 coordination, or management, including, but not limited

20 to, the development of collaborative partnerships with

21 licensed treatment providers and community members or

22 organizations; collection of program data; or monitoring

23 of compliance with a local deflection program plan;

24 (2) case management including case management provided

25 prior to assessment, diagnosis, and engagement in

26 treatment, as well as assistance navigating and gaining

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1 access to various treatment modalities and support

2 services;

3 (3) peer recovery or recovery support services that

4 include the perspectives of persons with the experience of

5 recovering from a substance use disorder, either

6 themselves or as family members;

7 (4) transportation to a licensed treatment provider or

8 other program partner location;

9 (5) program evaluation activities.

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

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

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

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

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

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

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

17 (c) Specific linkage agreements with recovery support

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

19 program services protocols. All deflection programs shall

20 encourage the involvement of key family members and

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

22 treatment. All deflection programs are encouraged to use

23 evidence-based practices and outcome measures in the provision

24 of substance use disorder treatment and medication-assisted

25 treatment for persons with opioid use disorders.

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

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1 101-652.)

2 (5 ILCS 820/21 rep.)

3 Section 45. The Community-Law Enforcement Partnership for

4 Deflection and Substance Use Disorder Treatment Act is amended

5 by repealing Section 21.

6 (15 ILCS 205/10 rep.)

7 Section 50. The Attorney General Act is amended by

8 repealing Section 10.

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

10 Civil Administrative Code of Illinois is amended by changing

11 Section 2605-302 as follows:

12 (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)

13 Sec. 2605-302. Arrest reports.

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

15 information must be made available to the news media for

16 inspection and copying:

17 (1) Information that identifies the individual,

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

19 if available.

20 (2) Information detailing any charges relating to the

21 arrest.

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

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

2 enforcement agency.

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

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

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

6 date that the individual was received, discharged, or

7 transferred from the arresting agency's custody.

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

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

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

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

12 (4), (5), and (6) of subsection (a), however, may be withheld

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

14 pending or actually and reasonably contemplated law

15 enforcement proceedings conducted by any law enforcement or

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

17 of law enforcement or correctional personnel or any other

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

19 facility.

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

21 media" means personnel of a newspaper or other periodical

22 issued at regular intervals whether in print or electronic

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

24 a radio station, a television station, a television network, a

25 community antenna television service, or a person or

26 corporation engaged in making news reels or other motion

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1 picture news for public showing.

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

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

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

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

6 record.

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

8 confidentiality provisions for arrest records of the Juvenile

9 Court Act of 1987.

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

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

12 101-652.)

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

14 Section 14 as follows:

15 (20 ILCS 2610/14) (from Ch. 121, par. 307.14)

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

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

18 suspended except for cause, upon written charges filed with

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9 Attorney for a determination of prosecution.

10 Before any such officer may be interrogated or examined by

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

12 investigator specifically assigned to conduct an internal

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

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

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

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

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

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

19 her admissions made in the course of the hearing,

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

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

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

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

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

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

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

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1 electronic recording thereof shall be made available to such

2 officer without charge and without delay.

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

4 both the attendance and testimony of witnesses and the

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

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

7 hearing officer shall have the power to administer oaths or

8 affirmations. If the charges against an accused are

9 established by a preponderance of evidence, the Board shall

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

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

12 other disciplinary punishment as may be prescribed by the

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

14 members thereof, the offense merits. Thereupon the Director

15 shall direct such removal or other punishment as ordered by

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

17 disciplinary order, the Director shall remove him or her

18 forthwith.

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

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

21 shall order that the officer receive compensation for the

22 period involved. The award of compensation shall include

23 interest at the rate of 7% per annum.

24 The Board may include in its order appropriate sanctions

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

26 finds that a party has made allegations or denials without

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1 reasonable cause or has engaged in frivolous litigation for

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

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

4 reasonable expenses, including costs and reasonable attorney's

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

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

7 parties.

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

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

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

11 to appear before the Board and give testimony or produce

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

13 the court as a contempt thereof.

14 The provisions of the Administrative Review Law, and all

15 amendments and modifications thereof, and the rules adopted

16 pursuant thereto, shall apply to and govern all proceedings

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

18 pursuant to the provisions of this Section.

19 Notwithstanding the provisions of this Section, a policy

20 making officer, as defined in the Employee Rights Violation

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

22 Illinois State Police as provided in the Employee Rights

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

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

25 revised 10-4-21.)

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1 (20 ILCS 2610/17c rep.)

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

3 Section 17c.

4 (20 ILCS 3930/7.7 rep.)

5 (20 ILCS 3930/7.8 rep.)

6 Section 70. The Illinois Criminal Justice Information Act

7 is amended by repealing Sections 7.7 and 7.8.

8 (50 ILCS 105/4.1 rep.)

9 Section 75. The Public Officer Prohibited Activities Act

10 is amended by repealing Section 4.1.

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

12 Section 3b as follows:

13 (50 ILCS 205/3b)

14 Sec. 3b. Arrest records and 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

22 arrest.

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

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

3 enforcement agency.

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

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

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

7 date that the individual was received, discharged, or

8 transferred from the arresting agency's custody.

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

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

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

12 hours from the arrest. The information described in paragraphs

13 (3), (4), (5), and (6) of subsection (a), however, may be

14 withheld if it is determined that disclosure would:

15 (1) interfere with pending or actually and reasonably

16 contemplated law enforcement proceedings conducted by any

17 law enforcement or correctional agency;

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

19 enforcement or correctional personnel or any other person;

20 or

21 (3) compromise the security of any correctional

22 facility.

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

24 means personnel of a newspaper or other periodical issued at

25 regular intervals whether in print or electronic format, a

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

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1 station, a television station, a television network, a

2 community antenna television service, or a person or

3 corporation engaged in making news reels or other motion

4 picture news for public showing.

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

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

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

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

9 record.

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

11 confidentiality provisions for arrest records of the Juvenile

12 Court Act of 1987.

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

14 under this Section is subject to the provisions of Section

15 2QQQ of the Consumer Fraud and Deceptive Business Practices

16 Act.

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

18 101-652.)

19 (50 ILCS 205/25 rep.)

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

21 Section 25.

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

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

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1 (50 ILCS 705/6) (from Ch. 85, par. 506)

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

3 certification of schools. The Board shall select and certify

4 schools within the State of Illinois for the purpose of

5 providing basic training for probationary law enforcement

6 officers, probationary county corrections officers, and court

7 security officers and of providing advanced or in-service

8 training for permanent law enforcement officers or permanent

9 county corrections officers, which schools may be either

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

11 Board has the following power and duties:

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

13 such reports and information as the Board deems necessary

14 to fully implement this Act.

15 b. To establish appropriate mandatory minimum

16 standards relating to the training of probationary local

17 law enforcement officers or probationary county

18 corrections officers, and in-service training of permanent

19 law enforcement officers.

20 c. To provide appropriate certification to those

21 probationary officers who successfully complete the

22 prescribed minimum standard basic training course.

23 d. To review and approve annual training curriculum

24 for county sheriffs.

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

26 applicant is admitted to a certified academy unless the

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

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

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

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

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

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

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

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

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

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

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

12 involving moral turpitude under the laws of this State or

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

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

15 any felony or misdemeanor in violation of federal law or

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

17 offenses specified therein. The Board may appoint

18 investigators who shall enforce the duties conferred upon

19 the Board by this Act.

20 For purposes of this paragraph e, a person is

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

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

23 regardless of whether the adjudication of guilt or

24 sentence is withheld or not entered thereon. This includes

25 sentences of supervision, conditional discharge, or first

26 offender probation, or any similar disposition provided

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1 for by law.

2 f. To establish statewide standards for minimum

3 standards regarding regular mental health screenings for

4 probationary and permanent police officers, ensuring that

5 counseling sessions and screenings remain confidential.

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

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

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

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

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

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

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

13 ~~for by law.~~

14 g. To review and ensure all law enforcement officers

15 remain in compliance with this Act, and any administrative

16 rules adopted under this Act.

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

18 limit or restrict any certificate, or revoke any

19 certificate.

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

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

22 this State and to take testimony either orally or by

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

24 the same manner as prescribed by law in judicial

25 proceedings in civil cases in circuit courts of this

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

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1 subpoena the production of documents, papers, files,

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

3 electronic form, in support of the charges and for

4 defense, and in connection with a hearing or

5 investigation.

6 j. The Executive Director, the administrative law

7 judge designated by the Executive Director, and each

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

9 administer oaths to witnesses at any hearing that the

10 Board is authorized to conduct under this Act and any

11 other oaths required or authorized to be administered by

12 the Board under this Act.

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

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

15 circuit court, upon application of the Board and the

16 Panel, through the Illinois Attorney General, may order

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

18 testimony or produce evidence, and any failure to obey

19 such order is punishable by the court as a contempt

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

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

22 of record.

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

24 certification examinations. Any and all records related to

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

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

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1 answer keys, and scoring information shall be exempt from

2 disclosure.

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

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

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

6 (50 ILCS 705/6.2)

7 Sec. 6.2. Officer professional conduct database.

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

9 any final determination of willful violation of department or

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

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

12 of the violation; or

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

14 investigation and after the officer has been served notice

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

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

17 ~~offense~~.

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

19 final decision of discharge or dismissal and final exhaustion

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

21 regarding the nature of the violation.

22 (b) Upon receiving notification from a law enforcement

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

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

25 regarding the reported violation.

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

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

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

4 show each reported instance, including the name of the

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

6 decision of discharge or dismissal, and any statement provided

7 by the officer.

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

9 (50 ILCS 705/7)

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

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

12 adopt rules and minimum standards for such schools which shall

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

14 a. The curriculum for probationary law enforcement

15 officers which shall be offered by all certified schools

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

17 procedural justice, arrest and use and control tactics,

18 search and seizure, including temporary questioning, civil

19 rights, human rights, human relations, cultural

20 competency, including implicit bias and racial and ethnic

21 sensitivity, criminal law, law of criminal procedure,

22 constitutional and proper use of law enforcement

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

24 traffic law including uniform and non-discriminatory

25 enforcement of the Illinois Vehicle Code, traffic control

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1 and accident investigation, techniques of obtaining

2 physical evidence, court testimonies, statements, reports,

3 firearms training, training in the use of electronic

4 control devices, including the psychological and

5 physiological effects of the use of those devices on

6 humans, first-aid (including cardiopulmonary

7 resuscitation), training in the administration of opioid

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

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

10 handling of juvenile offenders, recognition of mental

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

12 disease of addiction, which require immediate assistance

13 and response and methods to safeguard and provide

14 assistance to a person in need of mental treatment,

15 recognition of abuse, neglect, financial exploitation, and

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

17 as defined in Section 2 of the Adult Protective Services

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

19 hazards of high-speed police vehicle chases with an

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

21 physical training. The curriculum shall include specific

22 training in techniques for immediate response to and

23 investigation of cases of domestic violence and of sexual

24 assault of adults and children, including cultural

25 perceptions and common myths of sexual assault and sexual

26 abuse as well as interview techniques that are age

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1 sensitive and are trauma informed, victim centered, and

2 victim sensitive. The curriculum shall include training in

3 techniques designed to promote effective communication at

4 the initial contact with crime victims and ways to

5 comprehensively explain to victims and witnesses their

6 rights under the Rights of Crime Victims and Witnesses Act

7 and the Crime Victims Compensation Act. The curriculum

8 shall also include training in effective recognition of

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

10 experienced by law enforcement officers that is consistent

11 with Section 25 of the Illinois Mental Health First Aid

12 Training Act in a peer setting, including recognizing

13 signs and symptoms of work-related cumulative stress,

14 issues that may lead to suicide, and solutions for

15 intervention with peer support resources. The curriculum

16 shall include a block of instruction addressing the

17 mandatory reporting requirements under the Abused and

18 Neglected Child Reporting Act. The curriculum shall also

19 include a block of instruction aimed at identifying and

20 interacting with persons with autism and other

21 developmental or physical disabilities, reducing barriers

22 to reporting crimes against persons with autism, and

23 addressing the unique challenges presented by cases

24 involving victims or witnesses with autism and other

25 developmental disabilities. The curriculum shall include

26 training in the detection and investigation of all forms

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1 of human trafficking. The curriculum shall also include

2 instruction in trauma-informed responses designed to

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

4 arrested parent or immediate family member; this

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

6 understanding the trauma experienced by the child while

7 maintaining the integrity of the arrest and safety of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

24 courses in any of the subjects listed above in this

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

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

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

2 electronic control devices shall be conducted for

3 probationary law enforcement officers, including

4 University police officers.

5 b. Minimum courses of study, attendance requirements

6 and equipment requirements.

7 c. Minimum requirements for instructors.

8 d. Minimum basic training requirements, which a

9 probationary law enforcement officer must satisfactorily

10 complete before being eligible for permanent employment as

11 a local law enforcement officer for a participating local

12 governmental or State governmental agency. Those

13 requirements shall include training in first aid

14 (including cardiopulmonary resuscitation).

15 e. Minimum basic training requirements, which a

16 probationary county corrections officer must

17 satisfactorily complete before being eligible for

18 permanent employment as a county corrections officer for a

19 participating local governmental agency.

20 f. Minimum basic training requirements which a

21 probationary court security officer must satisfactorily

22 complete before being eligible for permanent employment as

23 a court security officer for a participating local

24 governmental agency. The Board shall establish those

25 training requirements which it considers appropriate for

26 court security officers and shall certify schools to

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1 conduct that training.

2 A person hired to serve as a court security officer

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

4 the officer's successful completion of the training

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

6 completion of a training program of similar content and

7 number of hours that has been found acceptable by the

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

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

10 unnecessary because of the person's extensive prior law

11 enforcement experience.

12 Individuals who currently serve as court security

13 officers shall be deemed qualified to continue to serve in

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

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

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

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

18 forfeit his or her position.

19 All individuals hired as court security officers on or

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

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

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

23 Board, or they shall forfeit their positions.

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

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

26 Commission, shall maintain a list of all individuals who

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1 have filed applications to become court security officers

2 and who meet the eligibility requirements established

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

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

5 exists, shall establish a schedule of reasonable intervals

6 for verification of the applicants' qualifications under

7 this Act and as established by the Board.

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

9 law enforcement officer must satisfactorily complete every

10 3 years. Those requirements shall include constitutional

11 and proper use of law enforcement authority, procedural

12 justice, civil rights, human rights, mental health

13 awareness and response, officer wellness, reporting child

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

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

16 trainings shall consist of at least 30 hours of training

17 every 3 years.

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

19 law enforcement officer must satisfactorily complete at

20 least annually. Those requirements shall include law

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

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

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

24 shall include scenario based training, or similar training

25 approved by the Board.

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

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1 ~~forth in Section 10.6.~~

2 The amendatory changes to this Section made by Public Act

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

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

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

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

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

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

9 10-5-21.)

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

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

12 adopt rules and minimum standards for such schools which shall

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

14 a. The curriculum for probationary law enforcement

15 officers which shall be offered by all certified schools

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

17 procedural justice, arrest and use and control tactics,

18 search and seizure, including temporary questioning, civil

19 rights, human rights, human relations, cultural

20 competency, including implicit bias and racial and ethnic

21 sensitivity, criminal law, law of criminal procedure,

22 constitutional and proper use of law enforcement

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

24 traffic law including uniform and non-discriminatory

25 enforcement of the Illinois Vehicle Code, traffic control

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1 and accident investigation, techniques of obtaining

2 physical evidence, court testimonies, statements, reports,

3 firearms training, training in the use of electronic

4 control devices, including the psychological and

5 physiological effects of the use of those devices on

6 humans, first-aid (including cardiopulmonary

7 resuscitation), training in the administration of opioid

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

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

10 handling of juvenile offenders, recognition of mental

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

12 disease of addiction, which require immediate assistance

13 and response and methods to safeguard and provide

14 assistance to a person in need of mental treatment,

15 recognition of abuse, neglect, financial exploitation, and

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

17 as defined in Section 2 of the Adult Protective Services

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

19 hazards of high-speed police vehicle chases with an

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

21 physical training. The curriculum shall include specific

22 training in techniques for immediate response to and

23 investigation of cases of domestic violence and of sexual

24 assault of adults and children, including cultural

25 perceptions and common myths of sexual assault and sexual

26 abuse as well as interview techniques that are age

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1 sensitive and are trauma informed, victim centered, and

2 victim sensitive. The curriculum shall include training in

3 techniques designed to promote effective communication at

4 the initial contact with crime victims and ways to

5 comprehensively explain to victims and witnesses their

6 rights under the Rights of Crime Victims and Witnesses Act

7 and the Crime Victims Compensation Act. The curriculum

8 shall also include training in effective recognition of

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

10 experienced by law enforcement officers that is consistent

11 with Section 25 of the Illinois Mental Health First Aid

12 Training Act in a peer setting, including recognizing

13 signs and symptoms of work-related cumulative stress,

14 issues that may lead to suicide, and solutions for

15 intervention with peer support resources. The curriculum

16 shall include a block of instruction addressing the

17 mandatory reporting requirements under the Abused and

18 Neglected Child Reporting Act. The curriculum shall also

19 include a block of instruction aimed at identifying and

20 interacting with persons with autism and other

21 developmental or physical disabilities, reducing barriers

22 to reporting crimes against persons with autism, and

23 addressing the unique challenges presented by cases

24 involving victims or witnesses with autism and other

25 developmental disabilities. The curriculum shall include

26 training in the detection and investigation of all forms

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LRB102 03599 LNS 38686 a

1 of human trafficking. The curriculum shall also include

2 instruction in trauma-informed responses designed to

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

4 arrested parent or immediate family member; this

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

6 understanding the trauma experienced by the child while

7 maintaining the integrity of the arrest and safety of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

24 courses in any of the subjects listed above in this

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

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

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

2 electronic control devices shall be conducted for

3 probationary law enforcement officers, including

4 University police officers. The curriculum shall also

5 include training on the use of a firearms restraining

6 order by providing instruction on the process used to file

7 a firearms restraining order and how to identify

8 situations in which a firearms restraining order is

9 appropriate.

10 b. Minimum courses of study, attendance requirements

11 and equipment requirements.

12 c. Minimum requirements for instructors.

13 d. Minimum basic training requirements, which a

14 probationary law enforcement officer must satisfactorily

15 complete before being eligible for permanent employment as

16 a local law enforcement officer for a participating local

17 governmental or State governmental agency. Those

18 requirements shall include training in first aid

19 (including cardiopulmonary resuscitation).

20 e. Minimum basic training requirements, which a

21 probationary county corrections officer must

22 satisfactorily complete before being eligible for

23 permanent employment as a county corrections officer for a

24 participating local governmental agency.

25 f. Minimum basic training requirements which a

26 probationary court security officer must satisfactorily

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1 complete before being eligible for permanent employment as

2 a court security officer for a participating local

3 governmental agency. The Board shall establish those

4 training requirements which it considers appropriate for

5 court security officers and shall certify schools to

6 conduct that training.

7 A person hired to serve as a court security officer

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

9 the officer's successful completion of the training

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

11 completion of a training program of similar content and

12 number of hours that has been found acceptable by the

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

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

15 unnecessary because of the person's extensive prior law

16 enforcement experience.

17 Individuals who currently serve as court security

18 officers shall be deemed qualified to continue to serve in

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

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

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

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

23 forfeit his or her position.

24 All individuals hired as court security officers on or

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

26 89-685) shall be certified within 12 months of the date of

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

2 Board, or they shall forfeit their positions.

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

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

5 Commission, shall maintain a list of all individuals who

6 have filed applications to become court security officers

7 and who meet the eligibility requirements established

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

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

10 exists, shall establish a schedule of reasonable intervals

11 for verification of the applicants' qualifications under

12 this Act and as established by the Board.

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

14 law enforcement officer must satisfactorily complete every

15 3 years. Those requirements shall include constitutional

16 and proper use of law enforcement authority, procedural

17 justice, civil rights, human rights, mental health

18 awareness and response, officer wellness, reporting child

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

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

21 trainings shall consist of at least 30 hours of training

22 every 3 years.

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

24 law enforcement officer must satisfactorily complete at

25 least annually. Those requirements shall include law

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

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

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

3 shall include scenario based training, or similar training

4 approved by the Board.

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

6 ~~forth in Section 10.6.~~

7 The amendatory changes to this Section made by Public Act

8 101-652 shall take effect January 1, 2022.

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

10 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.

11 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section

12 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.

13 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,

14 eff. 8-20-21; revised 10-5-21.)

15 (50 ILCS 705/10.17)

16 Sec. 10.17. Crisis intervention team training; mental

17 health awareness training.

18 (a) The Illinois Law Enforcement Training Standards Board

19 shall develop and approve a standard curriculum for certified

20 training programs in crisis intervention ~~of at least 40 hours~~

21 addressing specialized policing responses to people with

22 mental illnesses. The Board shall conduct Crisis Intervention

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

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

25 situations involving individuals who appear to have a mental

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

2 ~~Crisis Intervention Team (CIT) training programs shall be a~~

3 ~~collaboration between law enforcement professionals, mental~~

4 ~~health providers, families, and consumer advocates and must~~

5 ~~minimally include the following components: (1) basic~~

6 ~~information about mental illnesses and how to recognize them;~~

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

8 ~~learning from family members of individuals with mental~~

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

10 ~~training and role-plays.~~ Officers who have successfully

11 completed this program shall be issued a certificate attesting

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

13 training program.

14 (b) The Board shall create an introductory course

15 incorporating adult learning models that provides law

16 enforcement officers with an awareness of mental health issues

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

18 mental health illness including signs and symptoms of mental

19 illness and common treatments and medications, and the

20 potential interactions law enforcement officers may have on a

21 regular basis with these individuals, their families, and

22 service providers including de-escalating a potential crisis

23 situation. This course, in addition to other traditional

24 learning settings, may be made available in an electronic

25 format.

26 (Source: P.A. 100-247, eff. 1-1-18; 101-652, eff. 7-1-21.)

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1 (50 ILCS 705/10.6 rep.)

2 Section 95. The Illinois Police Training Act is amended by

3 repealing Section 10.6.

4 Section 100. The Law Enforcement Officer-Worn Body Camera

5 Act is amended by changing Sections 10-15, 10-20, and 10-25 as

6 follows:

7 (50 ILCS 706/10-15)

8 Sec. 10-15. Applicability.

9 ~~(a) All~~ Any law enforcement ~~agencies must employ the use~~

10 ~~of~~ agency which employs the use of officer-worn body cameras

11 ~~in accordance with~~ is subject to the provisions of this Act,

12 whether or not the agency receives or has received monies from

13 the Law Enforcement Camera Grant Fund.

14 ~~(b) All law enforcement agencies must implement the use of~~

15 ~~body cameras for all law enforcement officers, according to~~

16 ~~the following schedule:~~

17 ~~(1) for municipalities and counties with populations~~

18 ~~of 500,000 or more, body cameras shall be implemented by~~

19 ~~January 1, 2022;~~

20 ~~(2) for municipalities and counties with populations~~

21 ~~of 100,000 or more but under 500,000, body cameras shall~~

22 ~~be implemented by January 1, 2023;~~

23 ~~(3) for municipalities and counties with populations~~

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1 ~~of 50,000 or more but under 100,000, body cameras shall be~~

2 ~~implemented by January 1, 2024;~~

3 ~~(4) for municipalities and counties under 50,000, body~~

4 ~~cameras shall be implemented by January 1, 2025; and~~

5 ~~(5) for the Department of State Police, body cameras~~

6 ~~shall be implemented by January 1, 2025.~~

7 ~~(c) A law enforcement agency's compliance with the~~

8 ~~requirements under this Section shall receive preference by~~

9 ~~the Illinois Law Enforcement Training Standards Board in~~

10 ~~awarding grant funding under the Law Enforcement Camera Grant~~

11 ~~Act.~~

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

13 (50 ILCS 706/10-20)

14 Sec. 10-20. Requirements.

15 (a) The Board shall develop basic guidelines for the use

16 of officer-worn body cameras by law enforcement agencies. The

17 guidelines developed by the Board shall be the basis for the

18 written policy which must be adopted by each law enforcement

19 agency which employs the use of officer-worn body cameras. The

20 written policy adopted by the law enforcement agency must

21 include, at a minimum, all of the following:

22 (1) Cameras must be equipped with pre-event recording,

23 capable of recording at least the 30 seconds prior to

24 camera activation, unless the officer-worn body camera was

25 purchased and acquired by the law enforcement agency prior

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1 to July 1, 2015.

2 (2) Cameras must be capable of recording for a period

3 of 10 hours or more, unless the officer-worn body camera

4 was purchased and acquired by the law enforcement agency

5 prior to July 1, 2015.

6 (3) Cameras must be turned on at all times when the

7 officer is in uniform and is responding to calls for

8 service or engaged in any law enforcement-related

9 encounter or activity~~,~~ that occurs while the officer is on

10 duty.

11 (A) If exigent circumstances exist which prevent

12 the camera from being turned on, the camera must be

13 turned on as soon as practicable.

14 (B) Officer-worn body cameras may be turned off

15 when the officer is inside of a patrol car which is

16 equipped with a functioning in-car camera; however,

17 the officer must turn on the camera upon exiting the

18 patrol vehicle for law enforcement-related encounters.

19 ~~(C) Officer-worn body cameras may be turned off~~

20 ~~when the officer is inside a correctional facility or~~

21 ~~courthouse which is equipped with a functioning camera~~

22 ~~system.~~

23 (4) Cameras must be turned off when:

24 (A) the victim of a crime requests that the camera

25 be turned off, and unless impractical or impossible,

26 that request is made on the recording;

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1 (B) a witness of a crime or a community member who

2 wishes to report a crime requests that the camera be

3 turned off, and unless impractical or impossible that

4 request is made on the recording;

5 (C) the officer is interacting with a confidential

6 informant used by the law enforcement agency; or

7 (D) an officer of the Department of Revenue enters

8 a Department of Revenue facility or conducts an

9 interview during which return information will be

10 discussed or visible.

11 However, an officer may continue to record or resume

12 recording a victim or a witness, if exigent circumstances

13 exist, or if the officer has reasonable articulable

14 suspicion that a victim or witness, or confidential

15 informant has committed or is in the process of committing

16 a crime. Under these circumstances, and unless impractical

17 or impossible, the officer must indicate on the recording

18 the reason for continuing to record despite the request of

19 the victim or witness.

20 (4.5) Cameras may be turned off when the officer is

21 engaged in community caretaking functions. However, the

22 camera must be turned on when the officer has reason to

23 believe that the person on whose behalf the officer is

24 performing a community caretaking function has committed

25 or is in the process of committing a crime. If exigent

26 circumstances exist which prevent the camera from being

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1 turned on, the camera must be turned on as soon as

2 practicable.

3 (5) The officer must provide notice of recording to

4 any person if the person has a reasonable expectation of

5 privacy and proof of notice must be evident in the

6 recording. If exigent circumstances exist which prevent

7 the officer from providing notice, notice must be provided

8 as soon as practicable.

9 (6) ~~(A)~~ For the purposes of redaction, labeling, or

10 duplicating recordings, access to camera recordings shall

11 be restricted to only those personnel responsible for

12 those purposes. The recording officer or his or her

13 supervisor may not redact, label, duplicate or otherwise

14 alter the recording officer's camera recordings. Except as

15 otherwise provided in this Section, the recording officer

16 and his or her supervisor may access and review recordings

17 prior to completing incident reports or other

18 documentation, provided that the officer or his or her

19 supervisor discloses that fact in the report or

20 documentation.

21 (i) A law enforcement officer shall not have

22 access to or review his or her body-worn camera

23 recordings or the body-worn camera recordings of

24 another officer prior to completing incident reports

25 or other documentation when the officer:

26 (a) has been involved in or is a witness to an

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1 officer-involved shooting, use of deadly force

2 incident, or use of force incidents resulting in

3 great bodily harm;

4 (b) is ordered to write a report in response

5 to or during the investigation of a misconduct

6 complaint against the officer.

7 (ii) If the officer subject to subparagraph (i)

8 prepares a report, any report shall be prepared

9 without viewing body-worn camera recordings, and

10 subject to supervisor's approval, officers may file

11 amendatory reports after viewing body-worn camera

12 recordings. Supplemental reports under this provision

13 shall also contain documentation regarding access to

14 the video footage.

15 ~~(B) The recording officer's assigned field~~

16 ~~training officer may access and review recordings for~~

17 ~~training purposes. Any detective or investigator~~

18 ~~directly involved in the investigation of a matter may~~

19 ~~access and review recordings which pertain to that~~

20 ~~investigation but may not have access to delete or~~

21 ~~alter such recordings.~~

22 (7) Recordings made on officer-worn cameras must be

23 retained by the law enforcement agency or by the camera

24 vendor used by the agency, on a recording medium for a

25 period of 90 days.

26 (A) Under no circumstances shall any recording,

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1 except for a non-law enforcement related activity or

2 encounter, made with an officer-worn body camera be

3 altered, erased, or destroyed prior to the expiration

4 of the 90-day storage period. In the event any

5 recording made with an officer-worn body camera is

6 altered, erased, or destroyed prior to the expiration

7 of the 90-day storage period, the law enforcement

8 agency shall maintain, for a period of one year, a

9 written record including (i) the name of the

10 individual who made such alteration, erasure, or

11 destruction, and (ii) the reason for any such

12 alteration, erasure, or destruction.

13 (B) Following the 90-day storage period, any and

14 all recordings made with an officer-worn body camera

15 must be destroyed, unless any encounter captured on

16 the recording has been flagged. An encounter is deemed

17 to be flagged when:

18 (i) a formal or informal complaint has been

19 filed;

20 (ii) the officer discharged his or her firearm

21 or used force during the encounter;

22 (iii) death or great bodily harm occurred to

23 any person in the recording;

24 (iv) the encounter resulted in a detention or

25 an arrest, excluding traffic stops which resulted

26 in only a minor traffic offense or business

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LRB102 03599 LNS 38686 a

1 offense;

2 (v) the officer is the subject of an internal

3 investigation or otherwise being investigated for

4 possible misconduct;

5 (vi) the supervisor of the officer,

6 prosecutor, defendant, or court determines that

7 the encounter has evidentiary value in a criminal

8 prosecution; or

9 (vii) the recording officer requests that the

10 video be flagged for official purposes related to

11 his or her official duties.

12 (C) Under no circumstances shall any recording

13 made with an officer-worn body camera relating to a

14 flagged encounter be altered or destroyed prior to 2

15 years after the recording was flagged. If the flagged

16 recording was used in a criminal, civil, or

17 administrative proceeding, the recording shall not be

18 destroyed except upon a final disposition and order

19 from the court.

20 (8) Following the 90-day storage period, recordings

21 may be retained if a supervisor at the law enforcement

22 agency designates the recording for training purposes. If

23 the recording is designated for training purposes, the

24 recordings may be viewed by officers, in the presence of a

25 supervisor or training instructor, for the purposes of

26 instruction, training, or ensuring compliance with agency

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1 policies.

2 (9) Recordings shall not be used to discipline law

3 enforcement officers unless:

4 (A) a formal or informal complaint of misconduct

5 has been made;

6 (B) a use of force incident has occurred;

7 (C) the encounter on the recording could result in

8 a formal investigation under the Uniform Peace

9 Officers' Disciplinary Act; or

10 (D) as corroboration of other evidence of

11 misconduct.

12 Nothing in this paragraph (9) shall be construed to

13 limit or prohibit a law enforcement officer from being

14 subject to an action that does not amount to discipline.

15 (10) The law enforcement agency shall ensure proper

16 care and maintenance of officer-worn body cameras. Upon

17 becoming aware, officers must as soon as practical

18 document and notify the appropriate supervisor of any

19 technical difficulties, failures, or problems with the

20 officer-worn body camera or associated equipment. Upon

21 receiving notice, the appropriate supervisor shall make

22 every reasonable effort to correct and repair any of the

23 officer-worn body camera equipment.

24 (11) No officer may hinder or prohibit any person, not

25 a law enforcement officer, from recording a law

26 enforcement officer in the performance of his or her

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1 duties in a public place or when the officer has no

2 reasonable expectation of privacy. The law enforcement

3 agency's written policy shall indicate the potential

4 criminal penalties, as well as any departmental

5 discipline, which may result from unlawful confiscation or

6 destruction of the recording medium of a person who is not

7 a law enforcement officer. However, an officer may take

8 reasonable action to maintain safety and control, secure

9 crime scenes and accident sites, protect the integrity and

10 confidentiality of investigations, and protect the public

11 safety and order.

12 (b) Recordings made with the use of an officer-worn body

13 camera are not subject to disclosure under the Freedom of

14 Information Act, except that:

15 (1) if the subject of the encounter has a reasonable

16 expectation of privacy, at the time of the recording, any

17 recording which is flagged, due to the filing of a

18 complaint, discharge of a firearm, use of force, arrest or

19 detention, or resulting death or bodily harm, shall be

20 disclosed in accordance with the Freedom of Information

21 Act if:

22 (A) the subject of the encounter captured on the

23 recording is a victim or witness; and

24 (B) the law enforcement agency obtains written

25 permission of the subject or the subject's legal

26 representative;

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1 (2) except as provided in paragraph (1) of this

2 subsection (b), any recording which is flagged due to the

3 filing of a complaint, discharge of a firearm, use of

4 force, arrest or detention, or resulting death or bodily

5 harm shall be disclosed in accordance with the Freedom of

6 Information Act; and

7 (3) upon request, the law enforcement agency shall

8 disclose, in accordance with the Freedom of Information

9 Act, the recording to the subject of the encounter

10 captured on the recording or to the subject's attorney, or

11 the officer or his or her legal representative.

12 For the purposes of paragraph (1) of this subsection (b),

13 the subject of the encounter does not have a reasonable

14 expectation of privacy if the subject was arrested as a result

15 of the encounter. For purposes of subparagraph (A) of

16 paragraph (1) of this subsection (b), "witness" does not

17 include a person who is a victim or who was arrested as a

18 result of the encounter.

19 Only recordings or portions of recordings responsive to

20 the request shall be available for inspection or reproduction.

21 Any recording disclosed under the Freedom of Information Act

22 shall be redacted to remove identification of any person that

23 appears on the recording and is not the officer, a subject of

24 the encounter, or directly involved in the encounter. Nothing

25 in this subsection (b) shall require the disclosure of any

26 recording or portion of any recording which would be exempt

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1 from disclosure under the Freedom of Information Act.

2 (c) Nothing in this Section shall limit access to a camera

3 recording for the purposes of complying with Supreme Court

4 rules or the rules of evidence.

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

6 revised 7-30-21.)

7 (50 ILCS 706/10-25)

8 Sec. 10-25. Reporting.

9 (a) Each law enforcement agency which employs the use of

10 officer-worn body cameras must provide an annual report ~~on the~~

11 ~~use of officer-worn body cameras~~ to the Board, on or before May

12 1 of the year. The report shall include:

13 (1) a brief overview of the makeup of the agency,

14 including the number of officers utilizing officer-worn

15 body cameras;

16 (2) the number of officer-worn body cameras utilized

17 by the law enforcement agency;

18 (3) any technical issues with the equipment and how

19 those issues were remedied;

20 (4) a brief description of the review process used by

21 supervisors within the law enforcement agency;

22 (5) for each recording used in prosecutions of

23 conservation, criminal, or traffic offenses or municipal

24 ordinance violations:

25 (A) the time, date, location, and precinct of the

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1 incident;

2 (B) the offense charged and the date charges were

3 filed; and

4 (6) any other information relevant to the

5 administration of the program.

6 (b) On or before July 30 of each year, the Board must

7 analyze the law enforcement agency reports and provide an

8 annual report to the General Assembly and the Governor.

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

10 Section 105. The Uniform Crime Reporting Act is amended by

11 changing Sections 5-10, 5-12, and 5-20 as follows:

12 (50 ILCS 709/5-10)

13 Sec. 5-10. Central repository of crime statistics. The

14 Illinois State Police shall be a central repository and

15 custodian of crime statistics for the State and shall have all

16 the power necessary to carry out the purposes of this Act,

17 including the power to demand and receive cooperation in the

18 submission of crime statistics from all law enforcement

19 agencies. All data and information provided to the Illinois

20 State Police under this Act must be provided in a manner and

21 form prescribed by the Illinois State Police. On an annual

22 basis, the Illinois State Police shall make available

23 compilations of crime statistics ~~and monthly reporting~~

24 required to be reported by each law enforcement agency.

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

2 revised 10-15-21.)

3 (50 ILCS 709/5-12)

4 Sec. 5-12. Monthly reporting. All law enforcement agencies

5 shall submit to the Illinois State Police on a monthly basis

6 the following:

7 (1) beginning January 1, 2016, a report on any

8 arrest-related death that shall include information

9 regarding the deceased, the officer, any weapon used by

10 the officer or the deceased, and the circumstances of the

11 incident. The Illinois State Police shall submit on a

12 quarterly basis all information collected under this

13 paragraph (1) to the Illinois Criminal Justice Information

14 Authority, contingent upon updated federal guidelines

15 regarding the Uniform Crime Reporting Program;

16 (2) beginning January 1, 2017, a report on any

17 instance when a law enforcement officer discharges his or

18 her firearm causing a non-fatal injury to a person, during

19 the performance of his or her official duties or in the

20 line of duty;

21 (3) a report of incident-based information on hate

22 crimes including information describing the offense,

23 location of the offense, type of victim, offender, and

24 bias motivation. If no hate crime incidents occurred

25 during a reporting month, the law enforcement agency must

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1 submit a no incident record, as required by the Illinois

2 State Police;

3 (4) a report on any incident of an alleged commission

4 of a domestic crime, that shall include information

5 regarding the victim, offender, date and time of the

6 incident, any injury inflicted, any weapons involved in

7 the commission of the offense, and the relationship

8 between the victim and the offender;

9 (5) data on an index of offenses selected by the

10 Illinois State Police based on the seriousness of the

11 offense, frequency of occurrence of the offense, and

12 likelihood of being reported to law enforcement. The data

13 shall include the number of index crime offenses committed

14 and number of associated arrests; and

15 (6) data on offenses and incidents reported by schools

16 to local law enforcement. The data shall include offenses

17 defined as an attack against school personnel,

18 intimidation offenses, drug incidents, and incidents

19 involving weapons~~;~~ .

20 ~~(7) beginning on July 1, 2021, a report on incidents~~

21 ~~where a law enforcement officer was dispatched to deal~~

22 ~~with a person experiencing a mental health crisis or~~

23 ~~incident. The report shall include the number of~~

24 ~~incidents, the level of law enforcement response and the~~

25 ~~outcome of each incident. For purposes of this Section, a~~

26 ~~"mental health crisis" is when a person's behavior puts~~

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1 ~~them at risk of hurting themselves or others or prevents~~

2 ~~them from being able to care for themselves;~~

3 ~~(8) beginning on July 1, 2021, a report on use of~~

4 ~~force, including any action that resulted in the death or~~

5 ~~serious bodily injury of a person or the discharge of a~~

6 ~~firearm at or in the direction of a person. The report~~

7 ~~shall include information required by the Department,~~

8 ~~pursuant to Section 5-11 of this Act.~~

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

10 102-538, eff. 8-20-21; revised 10-15-21.)

11 (50 ILCS 709/5-20)

12 Sec. 5-20. Reporting compliance. The Illinois State Police

13 shall annually report to the Illinois Law Enforcement Training

14 Standards Board ~~and the Department of Revenue~~ any law

15 enforcement agency not in compliance with the reporting

16 requirements under this Act. A law enforcement agency's

17 compliance with the reporting requirements under this Act

18 shall be a factor considered by the Illinois Law Enforcement

19 Training Standards Board in awarding grant funding under the

20 Law Enforcement Camera Grant Act~~, with preference to law~~

21 ~~enforcement agencies which are in compliance with reporting~~

22 ~~requirements under this Act~~.

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

24 revised 10-15-21.)

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1 (50 ILCS 709/5-11 rep.)

2 Section 110. The Uniform Crime Reporting Act is amended by

3 repealing Section 5-11.

4 Section 115. The Uniform Peace Officers' Disciplinary Act

5 is amended by changing Sections 3.2, 3.4, and 3.8 as follows:

6 (50 ILCS 725/3.2) (from Ch. 85, par. 2555)

7 Sec. 3.2. No officer shall be subjected to interrogation

8 without first being informed in writing of the nature of the

9 investigation. If an administrative proceeding is instituted,

10 the officer shall be informed beforehand of the names of all

11 complainants. The information shall be sufficient as to

12 reasonably apprise the officer of the nature of the

13 investigation.

14 (Source: P.A. 83-981; 101-652.)

15 (50 ILCS 725/3.4) (from Ch. 85, par. 2557)

16 Sec. 3.4. The officer under investigation shall be

17 informed in writing of thename, rank and unit or command of

18 the officer in charge of the investigation, the interrogators,

19 and all persons who will be present on the behalf of the

20 employer during any interrogation except at a public

21 administrative proceeding. The officer under investigation

22 shall inform the employer of any person who will be present on

23 his or her behalf during any interrogation except at a public

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1 administrative hearing.

2 (Source: P.A. 94-344, eff. 1-1-06; 101-652.)

3 (50 ILCS 725/3.8) (from Ch. 85, par. 2561)

4 Sec. 3.8. Admissions; counsel; verified complaint.

5 (a) No officer shall be interrogated without first being

6 advised in writing that admissions made in the course of the

7 interrogation may be used as evidence of misconduct or as the

8 basis for charges seeking suspension, removal, or discharge;

9 and without first being advised in writing that he or she has

10 the right to counsel of his or her choosing who may be present

11 to advise him or her at any stage of any interrogation.

12 (b) ~~It shall not be a requirement for a person~~ Anyone

13 filing a complaint against a sworn peace officer ~~to~~ must have

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

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

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

17 ~~after the effective date of this provision.~~ Any complaint,

18 having been supported by a sworn affidavit, and having been

19 found, in total or in part, to contain knowingly false

20 material information, shall be presented to the appropriate

21 State's Attorney for a determination of prosecution.

22 (Source: P.A. 97-472, eff. 8-22-11; 101-652.)

23 Section 120. The Uniform Peace Officers' Disciplinary Act

24 is amended by reenacting Section 6 as follows:

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1 (50 ILCS 725/6) (from Ch. 85, par. 2567)

2 Sec. 6. Except as otherwise provided in this Act, the

3 provisions of this Act apply only to the extent there is no

4 collective bargaining agreement currently in effect dealing

5 with the subject matter of this Act.

6 (Source: P.A. 100-911, eff. 8-17-18.)

7 (50 ILCS 727/1-35 rep.)

8 Section 125. The Police and Community Relations

9 Improvement Act is amended by repealing Section 1-35.

10 Section 130. The Counties Code is amended by changing

11 Sections 4-5001, 4-12001, and 4-12001.1 as follows:

12 (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)

13 Sec. 4-5001. Sheriffs; counties of first and second class.

14 The fees of sheriffs in counties of the first and second class,

15 except when increased by county ordinance under this Section,

16 shall be as follows:

17 For serving or attempting to serve summons on each

18 defendant in each county, $10.

19 For serving or attempting to serve an order or judgment

20 granting injunctive relief in each county, $10.

21 For serving or attempting to serve each garnishee in each

22 county, $10.

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1 For serving or attempting to serve an order for replevin

2 in each county, $10.

3 For serving or attempting to serve an order for attachment

4 on each defendant in each county, $10.

5 For serving or attempting to serve a warrant of arrest,

6 $8, to be paid upon conviction.

7 For returning a defendant from outside the State of

8 Illinois, upon conviction, the court shall assess, as court

9 costs, the cost of returning a defendant to the jurisdiction.

10 For taking special bail, $1 in each county.

11 For serving or attempting to serve a subpoena on each

12 witness, in each county, $10.

13 For advertising property for sale, $5.

14 For returning each process, in each county, $5.

15 Mileage for each mile of necessary travel to serve any

16 such process as Stated above, calculating from the place of

17 holding court to the place of residence of the defendant, or

18 witness, 50� each way.

19 For summoning each juror, $3 with 30� mileage each way in

20 all counties.

21 For serving or attempting to serve notice of judgments or

22 levying to enforce a judgment, $3 with 50� mileage each way in

23 all counties.

24 For taking possession of and removing property levied on,

25 the officer shall be allowed to tax the actual cost of such

26 possession or removal.

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1 For feeding each prisoner, such compensation to cover the

2 actual cost as may be fixed by the county board, but such

3 compensation shall not be considered a part of the fees of the

4 office.

5 For attending before a court with prisoner, on an order

6 for habeas corpus, in each county, $10 per day.

7 For attending before a court with a prisoner in any

8 criminal proceeding, in each county, $10 per day.

9 For each mile of necessary travel in taking such prisoner

10 before the court as stated above, 15� a mile each way.

11 For serving or attempting to serve an order or judgment

12 for the possession of real estate in an action of ejectment or

13 in any other action, or for restitution in an eviction action

14 without aid, $10 and when aid is necessary, the sheriff shall

15 be allowed to tax in addition the actual costs thereof, and for

16 each mile of necessary travel, 50� each way.

17 For executing and acknowledging a deed of sale of real

18 estate, in counties of first class, $4; second class, $4.

19 For preparing, executing and acknowledging a deed on

20 redemption from a court sale of real estate in counties of

21 first class, $5; second class, $5.

22 For making certificates of sale, and making and filing

23 duplicate, in counties of first class, $3; in counties of the

24 second class, $3.

25 For making certificate of redemption, $3.

26 For certificate of levy and filing, $3, and the fee for

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1 recording shall be advanced by the judgment creditor and

2 charged as costs.

3 For taking all ~~civil~~ bonds on legal process, civil and

4 criminal,in counties of first class, $1; in second class, $1.

5 For executing copies in criminal cases, $4 and mileage for

6 each mile of necessary travel, 20� each way.

7 For executing requisitions from other states, $5.

8 For conveying each prisoner from the prisoner's own county

9 to the jail of another county, or from another county to the

10 jail of the prisoner's county, per mile, for going, only, 30�.

11 For conveying persons to the penitentiary, reformatories,

12 Illinois State Training School for Boys, Illinois State

13 Training School for Girls and Reception Centers, the following

14 fees, payable out of the State treasury. For each person who is

15 conveyed, 35� per mile in going only to the penitentiary,

16 reformatory, Illinois State Training School for Boys, Illinois

17 State Training School for Girls and Reception Centers, from

18 the place of conviction.

19 The fees provided for transporting persons to the

20 penitentiary, reformatories, Illinois State Training School

21 for Boys, Illinois State Training School for Girls and

22 Reception Centers shall be paid for each trip so made. Mileage

23 as used in this Section means the shortest practical route,

24 between the place from which the person is to be transported,

25 to the penitentiary, reformatories, Illinois State Training

26 School for Boys, Illinois State Training School for Girls and

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1 Reception Centers and all fees per mile shall be computed on

2 such basis.

3 For conveying any person to or from any of the charitable

4 institutions of the State, when properly committed by

5 competent authority, when one person is conveyed, 35� per

6 mile; when two persons are conveyed at the same time, 35� per

7 mile for the first person and 20� per mile for the second

8 person; and 10� per mile for each additional person.

9 For conveying a person from the penitentiary to the county

10 jail when required by law, 35� per mile.

11 For attending Supreme Court, $10 per day.

12 In addition to the above fees there shall be allowed to the

13 sheriff a fee of $600 for the sale of real estate which is made

14 by virtue of any judgment of a court, except that in the case

15 of a sale of unimproved real estate which sells for $10,000 or

16 less, the fee shall be $150. In addition to this fee and all

17 other fees provided by this Section, there shall be allowed to

18 the sheriff a fee in accordance with the following schedule

19 for the sale of personal estate which is made by virtue of any

20 judgment of a court:

21 For judgments up to $1,000, $75;

22 For judgments from $1,001 to $15,000, $150;

23 For judgments over $15,000, $300.

24 The foregoing fees allowed by this Section are the maximum

25 fees that may be collected from any officer, agency,

26 department or other instrumentality of the State. The county

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1 board may, however, by ordinance, increase the fees allowed by

2 this Section and collect those increased fees from all persons

3 and entities other than officers, agencies, departments and

4 other instrumentalities of the State if the increase is

5 justified by an acceptable cost study showing that the fees

6 allowed by this Section are not sufficient to cover the costs

7 of providing the service. A statement of the costs of

8 providing each service, program and activity shall be prepared

9 by the county board. All supporting documents shall be public

10 records and subject to public examination and audit. All

11 direct and indirect costs, as defined in the United States

12 Office of Management and Budget Circular A-87, may be included

13 in the determination of the costs of each service, program and

14 activity.

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 his fee for levying and mileage, together with half

19 the fee for all money collected by him which he would be

20 entitled to if the same was made by sale to enforce the

21 judgment. In no case shall the fee exceed the amount of money

22 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

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1 by law or ordinance with the duty to maintain public order and

2 to enforce criminal laws.

3 (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;

4 101-652.)

5 (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)

6 Sec. 4-12001. Fees of sheriff in third class counties. The

7 officers herein named, in counties of the third class, shall

8 be entitled to receive the fees herein specified, for the

9 services mentioned and such other fees as may be provided by

10 law for such other services not herein designated.

11 Fees for Sheriff

12 For serving or attempting to serve any summons on each

13 defendant, $35.

14 For serving or attempting to serve each alias summons or

15 other process mileage will be charged as hereinafter provided

16 when the address for service differs from the address for

17 service on the original summons or other process.

18 For serving or attempting to serve all other process, on

19 each defendant, $35.

20 For serving or attempting to serve a subpoena on each

21 witness, $35.

22 For serving or attempting to serve each warrant, $35.

23 For serving or attempting to serve each garnishee, $35.

24 For summoning each juror, $10.

25 For serving or attempting to serve each order or judgment

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1 for replevin, $35.

2 For serving or attempting to serve an order for

3 attachment, on each defendant, $35.

4 For serving or attempting to serve an order or judgment

5 for the possession of real estate in an action of ejectment or

6 in any other action, or for restitution in an eviction action,

7 without aid, $35, and when aid is necessary, the sheriff shall

8 be allowed to tax in addition the actual costs thereof.

9 For serving or attempting to serve notice of judgment,

10 $35.

11 For levying to satisfy an order in an action for

12 attachment, $25.

13 For executing order of court to seize personal property,

14 $25.

15 For making certificate of levy on real estate and filing

16 or recording same, $8, and the fee for filing or recording

17 shall be advanced by the plaintiff in attachment or by the

18 judgment creditor and taxed as costs. For taking possession of

19 or removing property levied on, the sheriff shall be allowed

20 to tax the necessary actual costs of such possession or

21 removal.

22 For advertising property for sale, $20.

23 For making certificate of sale and making and filing

24 duplicate for record, $15, and the fee for recording same

25 shall be advanced by the judgment creditor and taxed as costs.

26 For preparing, executing and acknowledging deed on

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1 redemption from a court sale of real estate, $15; for

2 preparing, executing and acknowledging all other deeds on sale

3 of real estate, $10.

4 For making and filing certificate of redemption, $15, and

5 the fee for recording same shall be advanced by party making

6 the redemption and taxed as costs.

7 For making and filing certificate of redemption from a

8 court sale, $11, and the fee for recording same shall be

9 advanced by the party making the redemption and taxed as

10 costs.

11 For taking all bonds on legal process, $10.

12 For taking special bail, $5.

13 For returning each process, $15.

14 Mileage for service or attempted service of all process is

15 a $10 flat fee.

16 For attending before a court with a prisoner on an order

17 for habeas corpus, $9 per day.

18 For executing requisitions from other States, $13.

19 For conveying each prisoner from the prisoner's county to

20 the jail of another county, per mile for going only, 25�.

21 For committing to or discharging each prisoner from jail,

22 $3.

23 For feeding each prisoner, such compensation to cover

24 actual costs as may be fixed by the county board, but such

25 compensation shall not be considered a part of the fees of the

26 office.

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1 For committing each prisoner to jail under the laws of the

2 United States, to be paid by the marshal or other person

3 requiring his confinement, $3.

4 For feeding such prisoners per day, $3, to be paid by the

5 marshal or other person requiring the prisoner's confinement.

6 For discharging such prisoners, $3.

7 For conveying persons to the penitentiary, reformatories,

8 Illinois State Training School for Boys, Illinois State

9 Training School for Girls, Reception Centers and Illinois

10 Security Hospital, the following fees, payable out of the

11 State Treasury. When one person is conveyed, 20� per mile in

12 going to the penitentiary, reformatories, Illinois State

13 Training School for Boys, Illinois State Training School for

14 Girls, Reception Centers and Illinois Security Hospital from

15 the place of conviction; when 2 persons are conveyed at the

16 same time, 20� per mile for the first and 15� per mile for the

17 second person; when more than 2 persons are conveyed at the

18 same time as Stated above, the sheriff shall be allowed 20� per

19 mile for the first, 15� per mile for the second and 10� per

20 mile for each additional person.

21 The fees provided for herein for transporting persons to

22 the penitentiary, reformatories, Illinois State Training

23 School for Boys, Illinois State Training School for Girls,

24 Reception Centers and Illinois Security Hospital, shall be

25 paid for each trip so made. Mileage as used in this Section

26 means the shortest route on a hard surfaced road, (either

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1 State Bond Issue Route or Federal highways) or railroad,

2 whichever is shorter, between the place from which the person

3 is to be transported, to the penitentiary, reformatories,

4 Illinois State Training School for Boys, Illinois State

5 Training School for Girls, Reception Centers and Illinois

6 Security Hospital, and all fees per mile shall be computed on

7 such basis.

8 In addition to the above fees, there shall be allowed to

9 the sheriff a fee of $900 for the sale of real estate which

10 shall be made by virtue of any judgment of a court. In addition

11 to this fee and all other fees provided by this Section, there

12 shall be allowed to the sheriff a fee in accordance with the

13 following schedule for the sale of personal estate which is

14 made by virtue of any judgment of a court:

15 For judgments up to $1,000, $100;

16 For judgments over $1,000 to $15,000, $300;

17 For judgments over $15,000, $500.

18 In all cases where the judgment is settled by the parties,

19 replevied, stopped by injunction or paid, or where the

20 property levied upon is not actually sold, the sheriff shall

21 be allowed the fee for levying and mileage, together with half

22 the fee for all money collected by him or her which he or she

23 would be entitled to if the same were made by sale in the

24 enforcement of a judgment. In no case shall the fee exceed the

25 amount of money arising from the sale.

26 The fee requirements of this Section do not apply to

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1 police departments or other law enforcement agencies. For the

2 purposes of this Section, "law enforcement agency" means an

3 agency of the State or unit of local government which is vested

4 by law or ordinance with the duty to maintain public order and

5 to enforce criminal laws or ordinances.

6 The fee requirements of this Section do not apply to units

7 of local government or school districts.

8 (Source: P.A. 100-173, eff. 1-1-18; 101-652.)

9 (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)

10 Sec. 4-12001.1. Fees of sheriff in third class counties;

11 local governments and school districts. The officers herein

12 named, in counties of the third class, shall be entitled to

13 receive the fees herein specified from all units of local

14 government and school districts, for the services mentioned

15 and such other fees as may be provided by law for such other

16 services not herein designated.

17 Fees for Sheriff

18 For serving or attempting to serve any summons on each

19 defendant, $25.

20 For serving or attempting to serve each alias summons or

21 other process mileage will be charged as hereinafter provided

22 when the address for service differs from the address for

23 service on the original summons or other process.

24 For serving or attempting to serve all other process, on

25 each defendant, $25.

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1 For serving or attempting to serve a subpoena on each

2 witness, $25.

3 For serving or attempting to serve each warrant, $25.

4 For serving or attempting to serve each garnishee, $25.

5 For summoning each juror, $4.

6 For serving or attempting to serve each order or judgment

7 for replevin, $25.

8 For serving or attempting to serve an order for

9 attachment, on each defendant, $25.

10 For serving or attempting to serve an order or judgment

11 for the possession of real estate in an action of ejectment or

12 in any other action, or for restitution in an eviction action,

13 without aid, $9, and when aid is necessary, the sheriff shall

14 be allowed to tax in addition the actual costs thereof.

15 For serving or attempting to serve notice of judgment,

16 $25.

17 For levying to satisfy an order in an action for

18 attachment, $25.

19 For executing order of court to seize personal property,

20 $25.

21 For making certificate of levy on real estate and filing

22 or recording same, $3, and the fee for filing or recording

23 shall be advanced by the plaintiff in attachment or by the

24 judgment creditor and taxed as costs. For taking possession of

25 or removing property levied on, the sheriff shall be allowed

26 to tax the necessary actual costs of such possession or

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1 removal.

2 For advertising property for sale, $3.

3 For making certificate of sale and making and filing

4 duplicate for record, $3, and the fee for recording same shall

5 be advanced by the judgment creditor and taxed as costs.

6 For preparing, executing and acknowledging deed on

7 redemption from a court sale of real estate, $6; for

8 preparing, executing and acknowledging all other deeds on sale

9 of real estate, $4.

10 For making and filing certificate of redemption, $3.50,

11 and the fee for recording same shall be advanced by party

12 making the redemption and taxed as costs.

13 For making and filing certificate of redemption from a

14 court sale, $4.50, and the fee for recording same shall be

15 advanced by the party making the redemption and taxed as

16 costs.

17 For taking all bonds on legal process, $2.

18 For taking special bail, $2.

19 For returning each process, $5.

20 Mileage for service or attempted service of all process is

21 a $10 flat fee.

22 For attending before a court with a prisoner on an order

23 for habeas corpus, $3.50 per day.

24 For executing requisitions from other States, $5.

25 For conveying each prisoner from the prisoner's county to

26 the jail of another county, per mile for going only, 25�.

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1 For committing to or discharging each prisoner from jail,

2 $1.

3 For feeding each prisoner, such compensation to cover

4 actual costs as may be fixed by the county board, but such

5 compensation shall not be considered a part of the fees of the

6 office.

7 For committing each prisoner to jail under the laws of the

8 United States, to be paid by the marshal or other person

9 requiring his confinement, $1.

10 For feeding such prisoners per day, $1, to be paid by the

11 marshal or other person requiring the prisoner's confinement.

12 For discharging such prisoners, $1.

13 For conveying persons to the penitentiary, reformatories,

14 Illinois State Training School for Boys, Illinois State

15 Training School for Girls, Reception Centers and Illinois

16 Security Hospital, the following fees, payable out of the

17 State Treasury. When one person is conveyed, 15� per mile in

18 going to the penitentiary, reformatories, Illinois State

19 Training School for Boys, Illinois State Training School for

20 Girls, Reception Centers and Illinois Security Hospital from

21 the place of conviction; when 2 persons are conveyed at the

22 same time, 15� per mile for the first and 10� per mile for the

23 second person; when more than 2 persons are conveyed at the

24 same time as stated above, the sheriff shall be allowed 15� per

25 mile for the first, 10� per mile for the second and 5� per mile

26 for each additional person.

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1 The fees provided for herein for transporting persons to

2 the penitentiary, reformatories, Illinois State Training

3 School for Boys, Illinois State Training School for Girls,

4 Reception Centers and Illinois Security Hospital, shall be

5 paid for each trip so made. Mileage as used in this Section

6 means the shortest route on a hard surfaced road, (either

7 State Bond Issue Route or Federal highways) or railroad,

8 whichever is shorter, between the place from which the person

9 is to be transported, to the penitentiary, reformatories,

10 Illinois State Training School for Boys, Illinois State

11 Training School for Girls, Reception Centers and Illinois

12 Security Hospital, and all fees per mile shall be computed on

13 such basis.

14 In addition to the above fees, there shall be allowed to

15 the sheriff a fee of $600 for the sale of real estate which

16 shall be made by virtue of any judgment of a court. In addition

17 to this fee and all other fees provided by this Section, there

18 shall be allowed to the sheriff a fee in accordance with the

19 following schedule for the sale of personal estate which is

20 made by virtue of any judgment of a court:

21 For judgments up to $1,000, $90;

22 For judgments over $1,000 to $15,000, $275;

23 For judgments over $15,000, $400.

24 In all cases where the judgment is settled by the parties,

25 replevied, stopped by injunction or paid, or where the

26 property levied upon is not actually sold, the sheriff shall

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1 be allowed the fee for levying and mileage, together with half

2 the fee for all money collected by him or her which he or she

3 would be entitled to if the same were made by sale in the

4 enforcement of a judgment. In no case shall the fee exceed the

5 amount of money arising from the sale.

6 All fees collected under Sections 4-12001 and 4-12001.1

7 must be used for public safety purposes only.

8 (Source: P.A. 100-173, eff. 1-1-18; 101-652.)

9 (55 ILCS 5/3-6041 rep.)

10 Section 135. The Counties Code is amended by repealing

11 Section 3-6041.

12 (65 ILCS 5/11-5.1-2 rep.)

13 Section 140. The Illinois Municipal Code is amended by

14 repealing Section 11-5.1-2.

15 Section 145. The Illinois Municipal Code is amended by

16 reenacting Section 1-2-12.1 as follows:

17 (65 ILCS 5/1-2-12.1)

18 Sec. 1-2-12.1. Municipal bond fees. A municipality may

19 impose a fee up to $20 for bail processing against any person

20 arrested for violating a bailable municipal ordinance or a

21 State or federal law.

22 (Source: P.A. 97-368, eff. 8-15-11; 101-652, eff. 7-1-21.)

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1 Section 150. The Campus Security Enhancement Act of 2008

2 is amended by changing Section 15 as follows:

3 (110 ILCS 12/15)

4 Sec. 15. Arrest reports.

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

6 information must be made available to the news media for

7 inspection and copying:

8 (1) Information that identifies the individual,

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

10 if available.

11 (2) Information detailing any charges relating to the

12 arrest.

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

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

15 enforcement agency.

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

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

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

19 date that the individual was received, discharged, or

20 transferred from the arresting agency's custody.

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

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

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

24 hours from the arrest. The information described in paragraphs

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1 (3), (4), (5), and (6) of subsection (a), however, may be

2 withheld if it is determined that disclosure would:

3 (1) interfere with pending or actually and reasonably

4 contemplated law enforcement proceedings conducted by any

5 law enforcement or correctional agency;

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

7 enforcement or correctional personnel or any other person;

8 or

9 (3) compromise the security of any correctional

10 facility.

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

12 means personnel of a newspaper or other periodical issued at

13 regular intervals whether in print or electronic format, a

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

15 station, a television station, a television network, a

16 community antenna television service, or a person or

17 corporation engaged in making news reels or other motion

18 picture news for public showing.

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

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

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

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

23 record.

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

25 confidentiality provisions for arrest records of the Juvenile

26 Court Act of 1987.

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

2 92-335, eff. 8-10-01; 101-652.)

3 Section 155. The Illinois Insurance Code is amended by

4 changing Sections 143.19, 143.19.1, and 205 as follows:

5 (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)

6 Sec. 143.19. Cancellation of automobile insurance policy;

7 grounds. After a policy of automobile insurance as defined in

8 Section 143.13(a) has been effective for 60 days, or if such

9 policy is a renewal policy, the insurer shall not exercise its

10 option to cancel such policy except for one or more of the

11 following reasons:

12 a. Nonpayment of premium;

13 b. The policy was obtained through a material

14 misrepresentation;

15 c. Any insured violated any of the terms and

16 conditions of the policy;

17 d. The named insured failed to disclose fully his

18 motor vehicle accidents and moving traffic violations for

19 the preceding 36 months if called for in the application;

20 e. Any insured made a false or fraudulent claim or

21 knowingly aided or abetted another in the presentation of

22 such a claim;

23 f. The named insured or any other operator who either

24 resides in the same household or customarily operates an

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1 automobile insured under such policy:

2 1. has, within the 12 months prior to the notice of

3 cancellation, had his driver's license under

4 suspension or revocation;

5 2. is or becomes subject to epilepsy or heart

6 attacks, and such individual does not produce a

7 certificate from a physician testifying to his

8 unqualified ability to operate a motor vehicle safely;

9 3. has an accident record, conviction record

10 (criminal or traffic), physical, or mental condition

11 which is such that his operation of an automobile

12 might endanger the public safety;

13 4. has, within the 36 months prior to the notice of

14 cancellation, been addicted to the use of narcotics or

15 other drugs; or

16 5. has been convicted, or ~~violated conditions of~~

17 ~~pretrial release~~ forfeited bail, during the 36 months

18 immediately preceding the notice of cancellation, for

19 any felony, criminal negligence resulting in death,

20 homicide or assault arising out of the operation of a

21 motor vehicle, operating a motor vehicle while in an

22 intoxicated condition or while under the influence of

23 drugs, being intoxicated while in, or about, an

24 automobile or while having custody of an automobile,

25 leaving the scene of an accident without stopping to

26 report, theft or unlawful taking of a motor vehicle,

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1 making false statements in an application for an

2 operator's or chauffeur's license or has been

3 convicted or ~~pretrial release has been revoked~~

4 forfeited bailfor 3 or more violations within the 12

5 months immediately preceding the notice of

6 cancellation, of any law, ordinance, or regulation

7 limiting the speed of motor vehicles or any of the

8 provisions of the motor vehicle laws of any state,

9 violation of which constitutes a misdemeanor, whether

10 or not the violations were repetitions of the same

11 offense or different offenses;

12 g. The insured automobile is:

13 1. so mechanically defective that its operation

14 might endanger public safety;

15 2. used in carrying passengers for hire or

16 compensation (the use of an automobile for a car pool

17 shall not be considered use of an automobile for hire

18 or compensation);

19 3. used in the business of transportation of

20 flammables or explosives;

21 4. an authorized emergency vehicle;

22 5. changed in shape or condition during the policy

23 period so as to increase the risk substantially; or

24 6. subject to an inspection law and has not been

25 inspected or, if inspected, has failed to qualify.

26 Nothing in this Section shall apply to nonrenewal.

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1 (Source: P.A. 100-201, eff. 8-18-17; 101-652.)

2 (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)

3 Sec. 143.19.1. Limits on exercise of right of nonrenewal.

4 After a policy of automobile insurance, as defined in Section

5 143.13, has been effective or renewed for 5 or more years, the

6 company shall not exercise its right of non-renewal unless:

7 a. The policy was obtained through a material

8 misrepresentation; or

9 b. Any insured violated any of the terms and conditions of

10 the policy; or

11 c. The named insured failed to disclose fully his motor

12 vehicle accidents and moving traffic violations for the

13 preceding 36 months, if such information is called for in the

14 application; or

15 d. Any insured made a false or fraudulent claim or

16 knowingly aided or abetted another in the presentation of such

17 a claim; or

18 e. The named insured or any other operator who either

19 resides in the same household or customarily operates an

20 automobile insured under such a policy:

21 1. Has, within the 12 months prior to the notice of

22 non-renewal had his drivers license under suspension or

23 revocation; or

24 2. Is or becomes subject to epilepsy or heart attacks,

25 and such individual does not produce a certificate from a

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1 physician testifying to his unqualified ability to operate

2 a motor vehicle safely; or

3 3. Has an accident record, conviction record (criminal

4 or traffic), or a physical or mental condition which is

5 such that his operation of an automobile might endanger

6 the public safety; or

7 4. Has, within the 36 months prior to the notice of

8 non-renewal, been addicted to the use of narcotics or

9 other drugs; or

10 5. Has been convicted or ~~pretrial release has been~~

11 ~~revoked~~ forfeited bail, during the 36 months immediately

12 preceding the notice of non-renewal, for any felony,

13 criminal negligence resulting in death, homicide or

14 assault arising out of the operation of a motor vehicle,

15 operating a motor vehicle while in an intoxicated

16 condition or while under the influence of drugs, being

17 intoxicated while in or about an automobile or while

18 having custody of an automobile, leaving the scene of an

19 accident without stopping to report, theft or unlawful

20 taking of a motor vehicle, making false statements in an

21 application for an operators or chauffeurs license, or has

22 been convicted or ~~pretrial release has been revoked~~

23 forfeited bailfor 3 or more violations within the 12

24 months immediately preceding the notice of non-renewal, of

25 any law, ordinance or regulation limiting the speed of

26 motor vehicles or any of the provisions of the motor

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1 vehicle laws of any state, violation of which constitutes

2 a misdemeanor, whether or not the violations were

3 repetitions of the same offense or different offenses; or

4 f. The insured automobile is:

5 1. So mechanically defective that its operation might

6 endanger public safety; or

7 2. Used in carrying passengers for hire or

8 compensation (the use of an automobile for a car pool

9 shall not be considered use of an automobile for hire or

10 compensation); or

11 3. Used in the business of transportation of

12 flammables or explosives; or

13 4. An authorized emergency vehicle; or

14 5. Changed in shape or condition during the policy

15 period so as to increase the risk substantially; or

16 6. Subject to an inspection law and it has not been

17 inspected or, if inspected, has failed to qualify; or

18 g. The notice of the intention not to renew is mailed to

19 the insured at least 60 days before the date of nonrenewal as

20 provided in Section 143.17.

21 (Source: P.A. 89-669, eff. 1-1-97; 101-652.)

22 (215 ILCS 5/205) (from Ch. 73, par. 817)

23 Sec. 205. Priority of distribution of general assets.

24 (1) The priorities of distribution of general assets from

25 the company's estate is to be as follows:

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1 (a) The costs and expenses of administration,

2 including, but not limited to, the following:

3 (i) The reasonable expenses of the Illinois

4 Insurance Guaranty Fund, the Illinois Life and Health

5 Insurance Guaranty Association, and the Illinois

6 Health Maintenance Organization Guaranty Association

7 and of any similar organization in any other state,

8 including overhead, salaries, and other general

9 administrative expenses allocable to the receivership

10 (administrative and claims handling expenses and

11 expenses in connection with arrangements for ongoing

12 coverage), but excluding expenses incurred in the

13 performance of duties under Section 547 or similar

14 duties under the statute governing a similar

15 organization in another state. For property and

16 casualty insurance guaranty associations that guaranty

17 certain obligations of any member company as defined

18 by Section 534.5, expenses shall include, but not be

19 limited to, loss adjustment expenses, which shall

20 include adjusting and other expenses and defense and

21 cost containment expenses. The expenses of such

22 property and casualty guaranty associations, including

23 the Illinois Insurance Guaranty Fund, shall be

24 reimbursed as prescribed by Section 545, but shall be

25 subordinate to all other costs and expenses of

26 administration, including the expenses reimbursed

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1 pursuant to subparagraph (ii) of this paragraph (a).

2 (ii) The expenses expressly approved or ratified

3 by the Director as liquidator or rehabilitator,

4 including, but not limited to, the following:

5 (1) the actual and necessary costs of

6 preserving or recovering the property of the

7 insurer;

8 (2) reasonable compensation for all services

9 rendered on behalf of the administrative

10 supervisor or receiver;

11 (3) any necessary filing fees;

12 (4) the fees and mileage payable to witnesses;

13 (5) unsecured loans obtained by the receiver;

14 and

15 (6) expenses approved by the conservator or

16 rehabilitator of the insurer, if any, incurred in the

17 course of the conservation or rehabilitation that are

18 unpaid at the time of the entry of the order of

19 liquidation.

20 Any unsecured loan falling under item (5) of

21 subparagraph (ii) of this paragraph (a) shall have

22 priority over all other costs and expenses of

23 administration, unless the lender agrees otherwise. Absent

24 agreement to the contrary, all other costs and expenses of

25 administration shall be shared on a pro-rata basis, except

26 for the expenses of property and casualty guaranty

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1 associations, which shall have a lower priority pursuant

2 to subparagraph (i) of this paragraph (a).

3 (b) Secured claims, including claims for taxes and

4 debts due the federal or any state or local government,

5 that are secured by liens perfected prior to the filing of

6 the complaint.

7 (c) Claims for wages actually owing to employees for

8 services rendered within 3 months prior to the date of the

9 filing of the complaint, not exceeding $1,000 to each

10 employee unless there are claims due the federal

11 government under paragraph (f), then the claims for wages

12 shall have a priority of distribution immediately

13 following that of federal claims under paragraph (f) and

14 immediately preceding claims of general creditors under

15 paragraph (g).

16 (d) Claims by policyholders, beneficiaries, and

17 insureds, under insurance policies, annuity contracts, and

18 funding agreements, liability claims against insureds

19 covered under insurance policies and insurance contracts

20 issued by the company, claims of obligees (and, subject to

21 the discretion of the receiver, completion contractors)

22 under surety bonds and surety undertakings (not to include

23 bail bonds, mortgage or financial guaranty, or other forms

24 of insurance offering protection against investment risk),

25 claims by principals under surety bonds and surety

26 undertakings for wrongful dissipation of collateral by the

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1 insurer or its agents, and claims incurred during any

2 extension of coverage provided under subsection (5) of

3 Section 193, and claims of the Illinois Insurance Guaranty

4 Fund, the Illinois Life and Health Insurance Guaranty

5 Association, the Illinois Health Maintenance Organization

6 Guaranty Association, and any similar organization in

7 another state as prescribed in Section 545. For purposes

8 of this Section, "funding agreement" means an agreement

9 whereby an insurer authorized to write business under

10 Class 1 of Section 4 of this Code may accept and accumulate

11 funds and make one or more payments at future dates in

12 amounts that are not based upon mortality or morbidity

13 contingencies.

14 (e) Claims by policyholders, beneficiaries, and

15 insureds, the allowed values of which were determined by

16 estimation under paragraph (b) of subsection (4) of

17 Section 209.

18 (f) Any other claims due the federal government.

19 (g) All other claims of general creditors not falling

20 within any other priority under this Section including

21 claims for taxes and debts due any state or local

22 government which are not secured claims and claims for

23 attorneys' fees incurred by the company in contesting its

24 conservation, rehabilitation, or liquidation.

25 (h) Claims of guaranty fund certificate holders,

26 guaranty capital shareholders, capital note holders, and

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1 surplus note holders.

2 (i) Proprietary claims of shareholders, members, or

3 other owners.

4 Every claim under a written agreement, statute, or rule

5 providing that the assets in a separate account are not

6 chargeable with the liabilities arising out of any other

7 business of the insurer shall be satisfied out of the funded

8 assets in the separate account equal to, but not to exceed, the

9 reserves maintained in the separate account under the separate

10 account agreement, and to the extent, if any, the claim is not

11 fully discharged thereby, the remainder of the claim shall be

12 treated as a priority level (d) claim under paragraph (d) of

13 this subsection to the extent that reserves have been

14 established in the insurer's general account pursuant to

15 statute, rule, or the separate account agreement.

16 For purposes of this provision, "separate account

17 policies, contracts, or agreements" means any policies,

18 contracts, or agreements that provide for separate accounts as

19 contemplated by Section 245.21.

20 To the extent that any assets of an insurer, other than

21 those assets properly allocated to and maintained in a

22 separate account, have been used to fund or pay any expenses,

23 taxes, or policyholder benefits that are attributable to a

24 separate account policy, contract, or agreement that should

25 have been paid by a separate account prior to the commencement

26 of receivership proceedings, then upon the commencement of

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1 receivership proceedings, the separate accounts that benefited

2 from this payment or funding shall first be used to repay or

3 reimburse the company's general assets or account for any

4 unreimbursed net sums due at the commencement of receivership

5 proceedings prior to the application of the separate account

6 assets to the satisfaction of liabilities or the corresponding

7 separate account policies, contracts, and agreements.

8 To the extent, if any, reserves or assets maintained in

9 the separate account are in excess of the amounts needed to

10 satisfy claims under the separate account contracts, the

11 excess shall be treated as part of the general assets of the

12 insurer's estate.

13 (2) Within 120 days after the issuance of an Order of

14 Liquidation with a finding of insolvency against a domestic

15 company, the Director shall make application to the court

16 requesting authority to disburse funds to the Illinois

17 Insurance Guaranty Fund, the Illinois Life and Health

18 Insurance Guaranty Association, the Illinois Health

19 Maintenance Organization Guaranty Association, and similar

20 organizations in other states from time to time out of the

21 company's marshaled assets as funds become available in

22 amounts equal to disbursements made by the Illinois Insurance

23 Guaranty Fund, the Illinois Life and Health Insurance Guaranty

24 Association, the Illinois Health Maintenance Organization

25 Guaranty Association, and similar organizations in other

26 states for covered claims obligations on the presentation of

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1 evidence that such disbursements have been made by the

2 Illinois Insurance Guaranty Fund, the Illinois Life and Health

3 Insurance Guaranty Association, the Illinois Health

4 Maintenance Organization Guaranty Association, and similar

5 organizations in other states.

6 The Director shall establish procedures for the ratable

7 allocation and distribution of disbursements 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. In determining the amounts

12 available for disbursement, the Director shall reserve

13 sufficient assets for the payment of the expenses of

14 administration described in paragraph (1)(a) of this Section.

15 All funds available for disbursement after the establishment

16 of the prescribed reserve shall be promptly distributed. As a

17 condition to receipt of funds in reimbursement of covered

18 claims obligations, the Director shall secure from the

19 Illinois Insurance Guaranty Fund, the Illinois Life and Health

20 Insurance Guaranty Association, the Illinois Health

21 Maintenance Organization Guaranty Association, and each

22 similar organization in other states, an agreement to return

23 to the Director on demand funds previously received as may be

24 required to pay claims of secured creditors and claims falling

25 within the priorities established in paragraphs (a), (b), (c),

26 and (d) of subsection (1) of this Section in accordance with

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1 such priorities.

2 (3) The changes made in this Section by this amendatory

3 Act of the 100th General Assembly apply to all liquidation,

4 rehabilitation, or conservation proceedings that are pending

5 on the effective date of this amendatory Act of the 100th

6 General Assembly and to all future liquidation,

7 rehabilitation, or conservation proceedings.

8 (4) The provisions of this Section are severable under

9 Section 1.31 of the Statute on Statutes.

10 (Source: P.A. 100-410, eff. 8-25-17; 101-652.)

11 Section 160. The Illinois Gambling Act is amended by

12 changing Section 5.1 as follows:

13 (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)

14 Sec. 5.1. Disclosure of records.

15 (a) Notwithstanding any applicable statutory provision to

16 the contrary, the Board shall, on written request from any

17 person, provide information furnished by an applicant or

18 licensee concerning the applicant or licensee, his products,

19 services or gambling enterprises and his business holdings, as

20 follows:

21 (1) The name, business address and business telephone

22 number of any applicant or licensee.

23 (2) An identification of any applicant or licensee

24 including, if an applicant or licensee is not an

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1 individual, the names and addresses of all stockholders

2 and directors, if the entity is a corporation; the names

3 and addresses of all members, if the entity is a limited

4 liability company; the names and addresses of all

5 partners, both general and limited, if the entity is a

6 partnership; and the names and addresses of all

7 beneficiaries, if the entity is a trust. If an applicant

8 or licensee has a pending registration statement filed

9 with the Securities and Exchange Commission, only the

10 names of those persons or entities holding interest of 5%

11 or more must be provided.

12 (3) An identification of any business, including, if

13 applicable, the state of incorporation or registration, in

14 which an applicant or licensee or an applicant's or

15 licensee's spouse or children has an equity interest of

16 more than 1%. If an applicant or licensee is a

17 corporation, partnership or other business entity, the

18 applicant or licensee shall identify any other

19 corporation, partnership or business entity in which it

20 has an equity interest of 1% or more, including, if

21 applicable, the state of incorporation or registration.

22 This information need not be provided by a corporation,

23 partnership or other business entity that has a pending

24 registration statement filed with the Securities and

25 Exchange Commission.

26 (4) Whether an applicant or licensee has been

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1 indicted, convicted, pleaded guilty or nolo contendere, or

2 ~~pretrial release has been revoked~~ forfeited bail

3 concerning any criminal offense under the laws of any

4 jurisdiction, either felony or misdemeanor (except for

5 traffic violations), including the date, the name and

6 location of the court, arresting agency and prosecuting

7 agency, the case number, the offense, the disposition and

8 the location and length of incarceration.

9 (5) Whether an applicant or licensee has had any

10 license or certificate issued by a licensing authority in

11 Illinois or any other jurisdiction denied, restricted,

12 suspended, revoked or not renewed and a statement

13 describing the facts and circumstances concerning the

14 denial, restriction, suspension, revocation or

15 non-renewal, including the licensing authority, the date

16 each such action was taken, and the reason for each such

17 action.

18 (6) Whether an applicant or licensee has ever filed or

19 had filed against it a proceeding in bankruptcy or has

20 ever been involved in any formal process to adjust, defer,

21 suspend or otherwise work out the payment of any debt

22 including the date of filing, the name and location of the

23 court, the case and number of the disposition.

24 (7) Whether an applicant or licensee has filed, or

25 been served with a complaint or other notice filed with

26 any public body, regarding the delinquency in the payment

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1 of, or a dispute over the filings concerning the payment

2 of, any tax required under federal, State or local law,

3 including the amount, type of tax, the taxing agency and

4 time periods involved.

5 (8) A statement listing the names and titles of all

6 public officials or officers of any unit of government,

7 and relatives of said public officials or officers who,

8 directly or indirectly, own any financial interest in,

9 have any beneficial interest in, are the creditors of or

10 hold any debt instrument issued by, or hold or have any

11 interest in any contractual or service relationship with,

12 an applicant or licensee.

13 (9) Whether an applicant or licensee has made,

14 directly or indirectly, any political contribution, or any

15 loans, donations or other payments, to any candidate or

16 office holder, within 5 years from the date of filing the

17 application, including the amount and the method of

18 payment.

19 (10) The name and business telephone number of the

20 counsel representing an applicant or licensee in matters

21 before the Board.

22 (11) A description of any proposed or approved

23 gambling operation, including the type of boat, home dock,

24 or casino or gaming location, expected economic benefit to

25 the community, anticipated or actual number of employees,

26 any statement from an applicant or licensee regarding

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1 compliance with federal and State affirmative action

2 guidelines, projected or actual admissions and projected

3 or actual adjusted gross gaming receipts.

4 (12) A description of the product or service to be

5 supplied by an applicant for a supplier's license.

6 (b) Notwithstanding any applicable statutory provision to

7 the contrary, the Board shall, on written request from any

8 person, also provide the following information:

9 (1) The amount of the wagering tax and admission tax

10 paid daily to the State of Illinois by the holder of an

11 owner's license.

12 (2) Whenever the Board finds an applicant for an

13 owner's license unsuitable for licensing, a copy of the

14 written letter outlining the reasons for the denial.

15 (3) Whenever the Board has refused to grant leave for

16 an applicant to withdraw his application, a copy of the

17 letter outlining the reasons for the refusal.

18 (c) Subject to the above provisions, the Board shall not

19 disclose any information which would be barred by:

20 (1) Section 7 of the Freedom of Information Act; or

21 (2) The statutes, rules, regulations or

22 intergovernmental agreements of any jurisdiction.

23 (d) The Board may assess fees for the copying of

24 information in accordance with Section 6 of the Freedom of

25 Information Act.

26 (Source: P.A. 101-31, eff. 6-28-19; 101-652.)

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1 Section 165. The Sexual Assault Survivors Emergency

2 Treatment Act is amended by changing Section 7.5 as follows:

3 (410 ILCS 70/7.5)

4 Sec. 7.5. Prohibition on billing sexual assault survivors

5 directly for certain services; written notice; billing

6 protocols.

7 (a) A hospital, approved pediatric health care facility,

8 health care professional, ambulance provider, laboratory, or

9 pharmacy furnishing medical forensic services, transportation,

10 follow-up healthcare, or medication to a sexual assault

11 survivor shall not:

12 (1) charge or submit a bill for any portion of the

13 costs of the services, transportation, or medications to

14 the sexual assault survivor, including any insurance

15 deductible, co-pay, co-insurance, denial of claim by an

16 insurer, spenddown, or any other out-of-pocket expense;

17 (2) communicate with, harass, or intimidate the sexual

18 assault survivor for payment of services, including, but

19 not limited to, repeatedly calling or writing to the

20 sexual assault survivor and threatening to refer the

21 matter to a debt collection agency or to an attorney for

22 collection, enforcement, or filing of other process;

23 (3) refer a bill to a collection agency or attorney

24 for collection action against the sexual assault survivor;

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1 (4) contact or distribute information to affect the

2 sexual assault survivor's credit rating; or

3 (5) take any other action adverse to the sexual

4 assault survivor or his or her family on account of

5 providing services to the sexual assault survivor.

6 (b) Nothing in this Section precludes a hospital, health

7 care provider, ambulance provider, laboratory, or pharmacy

8 from billing the sexual assault survivor or any applicable

9 health insurance or coverage for inpatient services.

10 (c) Every hospital and approved pediatric health care

11 facility providing treatment services to sexual assault

12 survivors in accordance with a plan approved under Section 2

13 of this Act shall provide a written notice to a sexual assault

14 survivor. The written notice must include, but is not limited

15 to, the following:

16 (1) a statement that the sexual assault survivor

17 should not be directly billed by any ambulance provider

18 providing transportation services, or by any hospital,

19 approved pediatric health care facility, health care

20 professional, laboratory, or pharmacy for the services the

21 sexual assault survivor received as an outpatient at the

22 hospital or approved pediatric health care facility;

23 (2) a statement that a sexual assault survivor who is

24 admitted to a hospital may be billed for inpatient

25 services provided by a hospital, health care professional,

26 laboratory, or pharmacy;

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1 (3) a statement that prior to leaving the hospital or

2 approved pediatric health care facility, the hospital or

3 approved pediatric health care facility will give the

4 sexual assault survivor a sexual assault services voucher

5 for follow-up healthcare if the sexual assault survivor is

6 eligible to receive a sexual assault services voucher;

7 (4) the definition of "follow-up healthcare" as set

8 forth in Section 1a of this Act;

9 (5) a phone number the sexual assault survivor may

10 call should the sexual assault survivor receive a bill

11 from the hospital or approved pediatric health care

12 facility for medical forensic services;

13 (6) the toll-free phone number of the Office of the

14 Illinois Attorney General, Crime Victim Services Division,

15 which the sexual assault survivor may call should the

16 sexual assault survivor receive a bill from an ambulance

17 provider, approved pediatric health care facility, a

18 health care professional, a laboratory, or a pharmacy.

19 This subsection (c) shall not apply to hospitals that

20 provide transfer services as defined under Section 1a of this

21 Act.

22 (d) Within 60 days after the effective date of this

23 amendatory Act of the 99th General Assembly, every health care

24 professional, except for those employed by a hospital or

25 hospital affiliate, as defined in the Hospital Licensing Act,

26 or those employed by a hospital operated under the University

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1 of Illinois Hospital Act, who bills separately for medical or

2 forensic services must develop a billing protocol that ensures

3 that no survivor of sexual assault will be sent a bill for any

4 medical forensic services and submit the billing protocol to

5 the Crime Victim Services Division of the Office of the

6 Attorney General for approval. Within 60 days after the

7 commencement of the provision of medical forensic services,

8 every health care professional, except for those employed by a

9 hospital or hospital affiliate, as defined in the Hospital

10 Licensing Act, or those employed by a hospital operated under

11 the University of Illinois Hospital Act, who bills separately

12 for medical or forensic services must develop a billing

13 protocol that ensures that no survivor of sexual assault is

14 sent a bill for any medical forensic services and submit the

15 billing protocol to the Crime Victim Services Division of the

16 Office of the Attorney General for approval. Health care

17 professionals who bill as a legal entity may submit a single

18 billing protocol for the billing entity.

19 Within 60 days after the Department's approval of a

20 treatment plan, an approved pediatric health care facility and

21 any health care professional employed by an approved pediatric

22 health care facility must develop a billing protocol that

23 ensures that no survivor of sexual assault is sent a bill for

24 any medical forensic services and submit the billing protocol

25 to the Crime Victim Services Division of the Office of the

26 Attorney General for approval.

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1 The billing protocol must include at a minimum:

2 (1) a description of training for persons who prepare

3 bills for medical and forensic services;

4 (2) a written acknowledgement signed by a person who

5 has completed the training that the person will not bill

6 survivors of sexual assault;

7 (3) prohibitions on submitting any bill for any

8 portion of medical forensic services provided to a

9 survivor of sexual assault to a collection agency;

10 (4) prohibitions on taking any action that would

11 adversely affect the credit of the survivor of sexual

12 assault;

13 (5) the termination of all collection activities if

14 the protocol is violated; and

15 (6) the actions to be taken if a bill is sent to a

16 collection agency or the failure to pay is reported to any

17 credit reporting agency.

18 The Crime Victim Services Division of the Office of the

19 Attorney General may provide a sample acceptable billing

20 protocol upon request.

21 The Office of the Attorney General shall approve a

22 proposed protocol if it finds that the implementation of the

23 protocol would result in no survivor of sexual assault being

24 billed or sent a bill for medical forensic services.

25 If the Office of the Attorney General determines that

26 implementation of the protocol could result in the billing of

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1 a survivor of sexual assault for medical forensic services,

2 the Office of the Attorney General shall provide the health

3 care professional or approved pediatric health care facility

4 with a written statement of the deficiencies in the protocol.

5 The health care professional or approved pediatric health care

6 facility shall have 30 days to submit a revised billing

7 protocol addressing the deficiencies to the Office of the

8 Attorney General. The health care professional or approved

9 pediatric health care facility shall implement the protocol

10 upon approval by the Crime Victim Services Division of the

11 Office of the Attorney General.

12 The health care professional or approved pediatric health

13 care facility shall submit any proposed revision to or

14 modification of an approved billing protocol to the Crime

15 Victim Services Division of the Office of the Attorney General

16 for approval. The health care professional or approved

17 pediatric health care facility shall implement the revised or

18 modified billing protocol upon approval by the Crime Victim

19 Services Division of the Office of the Illinois Attorney

20 General.

21 (e) This Section is effective on and after January 1,

22 2022.

23 (Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;

24 102-22, eff. 6-25-21.)

25 Section 170. The Illinois Vehicle Code is amended by

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1 changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and

2 16-103 as follows:

3 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)

4 Sec. 6-204. When court to forward license and reports.

5 (a) For the purpose of providing to the Secretary of State

6 the records essential to the performance of the Secretary's

7 duties under this Code to cancel, revoke or suspend the

8 driver's license and privilege to drive motor vehicles of

9 certain minors and of persons found guilty of the criminal

10 offenses or traffic violations which this Code recognizes as

11 evidence relating to unfitness to safely operate motor

12 vehicles, the following duties are imposed upon public

13 officials:

14 (1) Whenever any person is convicted of any offense

15 for which this Code makes mandatory the cancellation or

16 revocation of the driver's license or permit of such

17 person by the Secretary of State, the judge of the court in

18 which such conviction is had shall require the surrender

19 to the clerk of the court of all driver's licenses or

20 permits then held by the person so convicted, and the

21 clerk of the court shall, within 5 days thereafter,

22 forward the same, together with a report of such

23 conviction, to the Secretary.

24 (2) Whenever any person is convicted of any offense

25 under this Code or similar offenses under a municipal

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1 ordinance, other than regulations governing standing,

2 parking or weights of vehicles, and excepting the

3 following enumerated Sections of this Code: Sections

4 11-1406 (obstruction to driver's view or control), 11-1407

5 (improper opening of door into traffic), 11-1410 (coasting

6 on downgrade), 11-1411 (following fire apparatus),

7 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving

8 vehicle which is in unsafe condition or improperly

9 equipped), 12-201(a) (daytime lights on motorcycles),

10 12-202 (clearance, identification and side marker lamps),

11 12-204 (lamp or flag on projecting load), 12-205 (failure

12 to display the safety lights required), 12-401

13 (restrictions as to tire equipment), 12-502 (mirrors),

14 12-503 (windshields must be unobstructed and equipped with

15 wipers), 12-601 (horns and warning devices), 12-602

16 (mufflers, prevention of noise or smoke), 12-603 (seat

17 safety belts), 12-702 (certain vehicles to carry flares or

18 other warning devices), 12-703 (vehicles for oiling roads

19 operated on highways), 12-710 (splash guards and

20 replacements), 13-101 (safety tests), 15-101 (size, weight

21 and load), 15-102 (width), 15-103 (height), 15-104 (name

22 and address on second division vehicles), 15-107 (length

23 of vehicle), 15-109.1 (cover or tarpaulin), 15-111

24 (weights), 15-112 (weights), 15-301 (weights), 15-316

25 (weights), 15-318 (weights), and also excepting the

26 following enumerated Sections of the Chicago Municipal

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1 Code: Sections 27-245 (following fire apparatus), 27-254

2 (obstruction of traffic), 27-258 (driving vehicle which is

3 in unsafe condition), 27-259 (coasting on downgrade),

4 27-264 (use of horns and signal devices), 27-265

5 (obstruction to driver's view or driver mechanism), 27-267

6 (dimming of headlights), 27-268 (unattended motor

7 vehicle), 27-272 (illegal funeral procession), 27-273

8 (funeral procession on boulevard), 27-275 (driving freight

9 hauling vehicles on boulevard), 27-276 (stopping and

10 standing of buses or taxicabs), 27-277 (cruising of public

11 passenger vehicles), 27-305 (parallel parking), 27-306

12 (diagonal parking), 27-307 (parking not to obstruct

13 traffic), 27-308 (stopping, standing or parking

14 regulated), 27-311 (parking regulations), 27-312 (parking

15 regulations), 27-313 (parking regulations), 27-314

16 (parking regulations), 27-315 (parking regulations),

17 27-316 (parking regulations), 27-317 (parking

18 regulations), 27-318 (parking regulations), 27-319

19 (parking regulations), 27-320 (parking regulations),

20 27-321 (parking regulations), 27-322 (parking

21 regulations), 27-324 (loading and unloading at an angle),

22 27-333 (wheel and axle loads), 27-334 (load restrictions

23 in the downtown district), 27-335 (load restrictions in

24 residential areas), 27-338 (width of vehicles), 27-339

25 (height of vehicles), 27-340 (length of vehicles), 27-352

26 (reflectors on trailers), 27-353 (mufflers), 27-354

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1 (display of plates), 27-355 (display of city vehicle tax

2 sticker), 27-357 (identification of vehicles), 27-358

3 (projecting of loads), and also excepting the following

4 enumerated paragraphs of Section 2-201 of the Rules and

5 Regulations of the Illinois State Toll Highway Authority:

6 (l) (driving unsafe vehicle on tollway), (m) (vehicles

7 transporting dangerous cargo not properly indicated), it

8 shall be the duty of the clerk of the court in which such

9 conviction is had within 5 days thereafter to forward to

10 the Secretary of State a report of the conviction and the

11 court may recommend the suspension of the driver's license

12 or permit of the person so convicted.

13 The reporting requirements of this subsection shall

14 apply to all violations stated in paragraphs (1) and (2)

15 of this subsection when the individual has been

16 adjudicated under the Juvenile Court Act or the Juvenile

17 Court Act of 1987. Such reporting requirements shall also

18 apply to individuals adjudicated under the Juvenile Court

19 Act or the Juvenile Court Act of 1987 who have committed a

20 violation of Section 11-501 of this Code, or similar

21 provision of a local ordinance, or Section 9-3 of the

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

23 relating to the offense of reckless homicide, or Section

24 5-7 of the Snowmobile Registration and Safety Act or

25 Section 5-16 of the Boat Registration and Safety Act,

26 relating to the offense of operating a snowmobile or a

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1 watercraft while under the influence of alcohol, other

2 drug or drugs, intoxicating compound or compounds, or

3 combination thereof. These reporting requirements also

4 apply to individuals adjudicated under the Juvenile Court

5 Act of 1987 based on any offense determined to have been

6 committed in furtherance of the criminal activities of an

7 organized gang, as provided in Section 5-710 of that Act,

8 if those activities involved the operation or use of a

9 motor vehicle. It shall be the duty of the clerk of the

10 court in which adjudication is had within 5 days

11 thereafter to forward to the Secretary of State a report

12 of the adjudication and the court order requiring the

13 Secretary of State to suspend the minor's driver's license

14 and driving privilege for such time as determined by the

15 court, but only until he or she attains the age of 18

16 years. All juvenile court dispositions reported to the

17 Secretary of State under this provision shall be processed

18 by the Secretary of State as if the cases had been

19 adjudicated in traffic or criminal court. However,

20 information reported relative to the offense of reckless

21 homicide, or Section 11-501 of this Code, or a similar

22 provision of a local ordinance, shall be privileged and

23 available only to the Secretary of State, courts, and

24 police officers.

25 The reporting requirements of this subsection (a)

26 apply to all violations listed in paragraphs (1) and (2)

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1 of this subsection (a), excluding parking violations, when

2 the driver holds a CLP or CDL, regardless of the type of

3 vehicle in which the violation occurred, or when any

4 driver committed the violation in a commercial motor

5 vehicle as defined in Section 6-500 of this Code.

6 (3) Whenever an order is entered vacating the

7 ~~conditions of pretrial release~~ forfeiture of any bail,

8 security or bond given to secure appearance for any

9 offense under this Code or similar offenses under

10 municipal ordinance, it shall be the duty of the clerk of

11 the court in which such vacation was had or the judge of

12 such court if such court has no clerk, within 5 days

13 thereafter to forward to the Secretary of State a report

14 of the vacation.

15 (4) A report of any disposition of court supervision

16 for a violation of Sections 6-303, 11-401, 11-501 or a

17 similar provision of a local ordinance, 11-503, 11-504,

18 and 11-506 of this Code, Section 5-7 of the Snowmobile

19 Registration and Safety Act, and Section 5-16 of the Boat

20 Registration and Safety Act shall be forwarded to the

21 Secretary of State. A report of any disposition of court

22 supervision for a violation of an offense defined as a

23 serious traffic violation in this Code or a similar

24 provision of a local ordinance committed by a person under

25 the age of 21 years shall be forwarded to the Secretary of

26 State.

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1 (5) Reports of conviction under this Code and

2 sentencing hearings under the Juvenile Court Act of 1987

3 in an electronic format or a computer processible medium

4 shall be forwarded to the Secretary of State via the

5 Supreme Court in the form and format required by the

6 Illinois Supreme Court and established by a written

7 agreement between the Supreme Court and the Secretary of

8 State. In counties with a population over 300,000, instead

9 of forwarding reports to the Supreme Court, reports of

10 conviction under this Code and sentencing hearings under

11 the Juvenile Court Act of 1987 in an electronic format or a

12 computer processible medium may be forwarded to the

13 Secretary of State by the Circuit Court Clerk in a form and

14 format required by the Secretary of State and established

15 by written agreement between the Circuit Court Clerk and

16 the Secretary of State. Failure to forward the reports of

17 conviction or sentencing hearing under the Juvenile Court

18 Act of 1987 as required by this Section shall be deemed an

19 omission of duty and it shall be the duty of the several

20 State's Attorneys to enforce the requirements of this

21 Section.

22 (b) Whenever a restricted driving permit is forwarded to a

23 court, as a result of confiscation by a police officer

24 pursuant to the authority in Section 6-113(f), it shall be the

25 duty of the clerk, or judge, if the court has no clerk, to

26 forward such restricted driving permit and a facsimile of the

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1 officer's citation to the Secretary of State as expeditiously

2 as practicable.

3 (c) For the purposes of this Code, a ~~violation of the~~

4 ~~conditions of pretrial release~~ forfeiture of bail or

5 collateral deposited to secure a defendant's appearance in

6 court when ~~the conditions of pretrial release have~~ forfeiture

7 has not been vacated, or the failure of a defendant to appear

8 for trial after depositing his driver's license in lieu of

9 other bail, shall be equivalent to a conviction.

10 (d) For the purpose of providing the Secretary of State

11 with records necessary to properly monitor and assess driver

12 performance and assist the courts in the proper disposition of

13 repeat traffic law offenders, the clerk of the court shall

14 forward to the Secretary of State, on a form prescribed by the

15 Secretary, records of a driver's participation in a driver

16 remedial or rehabilitative program which was required, through

17 a court order or court supervision, in relation to the

18 driver's arrest for a violation of Section 11-501 of this Code

19 or a similar provision of a local ordinance. The clerk of the

20 court shall also forward to the Secretary, either on paper or

21 in an electronic format or a computer processible medium as

22 required under paragraph (5) of subsection (a) of this

23 Section, any disposition of court supervision for any traffic

24 violation, excluding those offenses listed in paragraph (2) of

25 subsection (a) of this Section. These reports shall be sent

26 within 5 days after disposition, or, if the driver is referred

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1 to a driver remedial or rehabilitative program, within 5 days

2 of the driver's referral to that program. These reports

3 received by the Secretary of State, including those required

4 to be forwarded under paragraph (a)(4), shall be privileged

5 information, available only (i) to the affected driver, (ii)

6 to the parent or guardian of a person under the age of 18 years

7 holding an instruction permit or a graduated driver's license,

8 and (iii) for use by the courts, police officers, prosecuting

9 authorities, the Secretary of State, and the driver licensing

10 administrator of any other state. In accordance with 49 C.F.R.

11 Part 384, all reports of court supervision, except violations

12 related to parking, shall be forwarded to the Secretary of

13 State for all holders of a CLP or CDL or any driver who commits

14 an offense while driving a commercial motor vehicle. These

15 reports shall be recorded to the driver's record as a

16 conviction for use in the disqualification of the driver's

17 commercial motor vehicle privileges and shall not be

18 privileged information.

19 (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;

20 101-652.)

21 (625 ILCS 5/6-206)

22 Sec. 6-206. Discretionary authority to suspend or revoke

23 license or permit; right to a hearing.

24 (a) The Secretary of State is authorized to suspend or

25 revoke the driving privileges of any person without

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1 preliminary hearing upon a showing of the person's records or

2 other sufficient evidence that the person:

3 1. Has committed an offense for which mandatory

4 revocation of a driver's license or permit is required

5 upon conviction;

6 2. Has been convicted of not less than 3 offenses

7 against traffic regulations governing the movement of

8 vehicles committed within any ~~12-month~~ 12 month period. No

9 revocation or suspension shall be entered more than 6

10 months after the date of last conviction;

11 3. Has been repeatedly involved as a driver in motor

12 vehicle collisions or has been repeatedly convicted of

13 offenses against laws and ordinances regulating the

14 movement of traffic, to a degree that indicates lack of

15 ability to exercise ordinary and reasonable care in the

16 safe operation of a motor vehicle or disrespect for the

17 traffic laws and the safety of other persons upon the

18 highway;

19 4. Has by the unlawful operation of a motor vehicle

20 caused or contributed to an accident resulting in injury

21 requiring immediate professional treatment in a medical

22 facility or doctor's office to any person, except that any

23 suspension or revocation imposed by the Secretary of State

24 under the provisions of this subsection shall start no

25 later than 6 months after being convicted of violating a

26 law or ordinance regulating the movement of traffic, which

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1 violation is related to the accident, or shall start not

2 more than one year after the date of the accident,

3 whichever date occurs later;

4 5. Has permitted an unlawful or fraudulent use of a

5 driver's license, identification card, or permit;

6 6. Has been lawfully convicted of an offense or

7 offenses in another state, including the authorization

8 contained in Section 6-203.1, which if committed within

9 this State would be grounds for suspension or revocation;

10 7. Has refused or failed to submit to an examination

11 provided for by Section 6-207 or has failed to pass the

12 examination;

13 8. Is ineligible for a driver's license or permit

14 under the provisions of Section 6-103;

15 9. Has made a false statement or knowingly concealed a

16 material fact or has used false information or

17 identification in any application for a license,

18 identification card, or permit;

19 10. Has possessed, displayed, or attempted to

20 fraudulently use any license, identification card, or

21 permit not issued to the person;

22 11. Has operated a motor vehicle upon a highway of

23 this State when the person's driving privilege or

24 privilege to obtain a driver's license or permit was

25 revoked or suspended unless the operation was authorized

26 by a monitoring device driving permit, judicial driving

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1 permit issued prior to January 1, 2009, probationary

2 license to drive, or restricted driving permit issued

3 under this Code;

4 12. Has submitted to any portion of the application

5 process for another person or has obtained the services of

6 another person to submit to any portion of the application

7 process for the purpose of obtaining a license,

8 identification card, or permit for some other person;

9 13. Has operated a motor vehicle upon a highway of

10 this State when the person's driver's license or permit

11 was invalid under the provisions of Sections 6-107.1 and

12 6-110;

13 14. Has committed a violation of Section 6-301,

14 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or

15 14B of the Illinois Identification Card Act;

16 15. Has been convicted of violating Section 21-2 of

17 the Criminal Code of 1961 or the Criminal Code of 2012

18 relating to criminal trespass to vehicles if the person

19 exercised actual physical control over the vehicle during

20 the commission of the offense, in which case the

21 suspension shall be for one year;

22 16. Has been convicted of violating Section 11-204 of

23 this Code relating to fleeing from a peace officer;

24 17. Has refused to submit to a test, or tests, as

25 required under Section 11-501.1 of this Code and the

26 person has not sought a hearing as provided for in Section

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1 11-501.1;

2 18. (Blank);

3 19. Has committed a violation of paragraph (a) or (b)

4 of Section 6-101 relating to driving without a driver's

5 license;

6 20. Has been convicted of violating Section 6-104

7 relating to classification of driver's license;

8 21. Has been convicted of violating Section 11-402 of

9 this Code relating to leaving the scene of an accident

10 resulting in damage to a vehicle in excess of $1,000, in

11 which case the suspension shall be for one year;

12 22. Has used a motor vehicle in violating paragraph

13 (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

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

15 relating to unlawful use of weapons, in which case the

16 suspension shall be for one year;

17 23. Has, as a driver, been convicted of committing a

18 violation of paragraph (a) of Section 11-502 of this Code

19 for a second or subsequent time within one year of a

20 similar violation;

21 24. Has been convicted by a court-martial or punished

22 by non-judicial punishment by military authorities of the

23 United States at a military installation in Illinois or in

24 another state of or for a ~~traffic-related~~ traffic related

25 offense that is the same as or similar to an offense

26 specified under Section 6-205 or 6-206 of this Code;

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1 25. Has permitted any form of identification to be

2 used by another in the application process in order to

3 obtain or attempt to obtain a license, identification

4 card, or permit;

5 26. Has altered or attempted to alter a license or has

6 possessed an altered license, identification card, or

7 permit;

8 27. (Blank);

9 28. Has been convicted for a first time of the illegal

10 possession, while operating or in actual physical control,

11 as a driver, of a motor vehicle, of any controlled

12 substance prohibited under the Illinois Controlled

13 Substances Act, any cannabis prohibited under the Cannabis

14 Control Act, or any methamphetamine prohibited under the

15 Methamphetamine Control and Community Protection Act, in

16 which case the person's driving privileges shall be

17 suspended for one year. Any defendant found guilty of this

18 offense while operating a motor vehicle,shall have an

19 entry made in the court record by the presiding judge that

20 this offense did occur while the defendant was operating a

21 motor vehicle and order the clerk of the court to report

22 the violation to the Secretary of State;

23 29. Has been convicted of the following offenses that

24 were committed while the person was operating or in actual

25 physical control, as a driver, of a motor vehicle:

26 criminal sexual assault, predatory criminal sexual assault

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1 of a child, aggravated criminal sexual assault, criminal

2 sexual abuse, aggravated criminal sexual abuse, juvenile

3 pimping, soliciting for a juvenile prostitute, promoting

4 juvenile prostitution as described in subdivision (a)(1),

5 (a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code

6 of 1961 or the Criminal Code of 2012, and the manufacture,

7 sale or delivery of controlled substances or instruments

8 used for illegal drug use or abuse in which case the

9 driver's driving privileges shall be suspended for one

10 year;

11 30. Has been convicted a second or subsequent time for

12 any combination of the offenses named in paragraph 29 of

13 this subsection, in which case the person's driving

14 privileges shall be suspended for 5 years;

15 31. Has refused to submit to a test as required by

16 Section 11-501.6 of this Code or Section 5-16c of the Boat

17 Registration and Safety Act or has submitted to a test

18 resulting in an alcohol concentration of 0.08 or more or

19 any amount of a drug, substance, or compound resulting

20 from the unlawful use or consumption of cannabis as listed

21 in the Cannabis Control Act, a controlled substance as

22 listed in the Illinois Controlled Substances Act, an

23 intoxicating compound as listed in the Use of Intoxicating

24 Compounds Act, or methamphetamine as listed in the

25 Methamphetamine Control and Community Protection Act, in

26 which case the penalty shall be as prescribed in Section

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1 6-208.1;

2 32. Has been convicted of Section 24-1.2 of the

3 Criminal Code of 1961 or the Criminal Code of 2012

4 relating to the aggravated discharge of a firearm if the

5 offender was located in a motor vehicle at the time the

6 firearm was discharged, in which case the suspension shall

7 be for 3 years;

8 33. Has as a driver, who was less than 21 years of age

9 on the date of the offense, been convicted a first time of

10 a violation of paragraph (a) of Section 11-502 of this

11 Code or a similar provision of a local ordinance;

12 34. Has committed a violation of Section 11-1301.5 of

13 this Code or a similar provision of a local ordinance;

14 35. Has committed a violation of Section 11-1301.6 of

15 this Code or a similar provision of a local ordinance;

16 36. Is under the age of 21 years at the time of arrest

17 and has been convicted of not less than 2 offenses against

18 traffic regulations governing the movement of vehicles

19 committed within any ~~24-month~~ 24 month period. No

20 revocation or suspension shall be entered more than 6

21 months after the date of last conviction;

22 37. Has committed a violation of subsection (c) of

23 Section 11-907 of this Code that resulted in damage to the

24 property of another or the death or injury of another;

25 38. Has been convicted of a violation of Section 6-20

26 of the Liquor Control Act of 1934 or a similar provision of

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1 a local ordinance and the person was an occupant of a motor

2 vehicle at the time of the violation;

3 39. Has committed a second or subsequent violation of

4 Section 11-1201 of this Code;

5 40. Has committed a violation of subsection (a-1) of

6 Section 11-908 of this Code;

7 41. Has committed a second or subsequent violation of

8 Section 11-605.1 of this Code, a similar provision of a

9 local ordinance, or a similar violation in any other state

10 within 2 years of the date of the previous violation, in

11 which case the suspension shall be for 90 days;

12 42. Has committed a violation of subsection (a-1) of

13 Section 11-1301.3 of this Code or a similar provision of a

14 local ordinance;

15 43. Has received a disposition of court supervision

16 for a violation of subsection (a), (d), or (e) of Section

17 6-20 of the Liquor Control Act of 1934 or a similar

18 provision of a local ordinance and the person was an

19 occupant of a motor vehicle at the time of the violation,

20 in which case the suspension shall be for a period of 3

21 months;

22 44. Is under the age of 21 years at the time of arrest

23 and has been convicted of an offense against traffic

24 regulations governing the movement of vehicles after

25 having previously had his or her driving privileges

26 suspended or revoked pursuant to subparagraph 36 of this

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1 Section;

2 45. Has, in connection with or during the course of a

3 formal hearing conducted under Section 2-118 of this Code:

4 (i) committed perjury; (ii) submitted fraudulent or

5 falsified documents; (iii) submitted documents that have

6 been materially altered; or (iv) submitted, as his or her

7 own, documents that were in fact prepared or composed for

8 another person;

9 46. Has committed a violation of subsection (j) of

10 Section 3-413 of this Code;

11 47. Has committed a violation of subsection (a) of

12 Section 11-502.1 of this Code;

13 48. Has submitted a falsified or altered medical

14 examiner's certificate to the Secretary of State or

15 provided false information to obtain a medical examiner's

16 certificate;

17 49. Has been convicted of a violation of Section

18 11-1002 or 11-1002.5 that resulted in a Type A injury to

19 another, in which case the driving privileges of the

20 person shall be suspended for 12 months; or

21 50. Has committed a violation of subsection (b-5) of

22 Section 12-610.2 that resulted in great bodily harm,

23 permanent disability, or disfigurement, in which case the

24 driving privileges of the person shall be suspended for 12

25 months.~~; or 50~~

26 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,

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1 and 27 of this subsection, license means any driver's license,

2 any traffic ticket issued when the person's driver's license

3 is deposited in lieu of bail, a suspension notice issued by the

4 Secretary of State, a duplicate or corrected driver's license,

5 a probationary driver's license, or a temporary driver's

6 license.

7 (b) If any conviction forming the basis of a suspension or

8 revocation authorized under this Section is appealed, the

9 Secretary of State may rescind or withhold the entry of the

10 order of suspension or revocation, as the case may be,

11 provided that a certified copy of a stay order of a court is

12 filed with the Secretary of State. If the conviction is

13 affirmed on appeal, the date of the conviction shall relate

14 back to the time the original judgment of conviction was

15 entered and the ~~6-month~~ 6 monthlimitation prescribed shall

16 not apply.

17 (c) 1. Upon suspending or revoking the driver's license or

18 permit of any person as authorized in this Section, the

19 Secretary of State shall immediately notify the person in

20 writing of the revocation or suspension. The notice to be

21 deposited in the United States mail, postage prepaid, to the

22 last known address of the person.

23 2. If the Secretary of State suspends the driver's license

24 of a person under subsection 2 of paragraph (a) of this

25 Section, a person's privilege to operate a vehicle as an

26 occupation shall not be suspended, provided an affidavit is

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1 properly completed, the appropriate fee received, and a permit

2 issued prior to the effective date of the suspension, unless 5

3 offenses were committed, at least 2 of which occurred while

4 operating a commercial vehicle in connection with the driver's

5 regular occupation. All other driving privileges shall be

6 suspended by the Secretary of State. Any driver prior to

7 operating a vehicle for occupational purposes only must submit

8 the affidavit on forms to be provided by the Secretary of State

9 setting forth the facts of the person's occupation. The

10 affidavit shall also state the number of offenses committed

11 while operating a vehicle in connection with the driver's

12 regular occupation. The affidavit shall be accompanied by the

13 driver's license. Upon receipt of a properly completed

14 affidavit, the Secretary of State shall issue the driver a

15 permit to operate a vehicle in connection with the driver's

16 regular occupation only. Unless the permit is issued by the

17 Secretary of State prior to the date of suspension, the

18 privilege to drive any motor vehicle shall be suspended as set

19 forth in the notice that was mailed under this Section. If an

20 affidavit is received subsequent to the effective date of this

21 suspension, a permit may be issued for the remainder of the

22 suspension period.

23 The provisions of this subparagraph shall not apply to any

24 driver required to possess a CDL for the purpose of operating a

25 commercial motor vehicle.

26 Any person who falsely states any fact in the affidavit

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1 required herein shall be guilty of perjury under Section 6-302

2 and upon conviction thereof shall have all driving privileges

3 revoked without further rights.

4 3. At the conclusion of a hearing under Section 2-118 of

5 this Code, the Secretary of State shall either rescind or

6 continue an order of revocation or shall substitute an order

7 of suspension; or, good cause appearing therefor, rescind,

8 continue, change, or extend the order of suspension. If the

9 Secretary of State does not rescind the order, the Secretary

10 may upon application, to relieve undue hardship (as defined by

11 the rules of the Secretary of State), issue a restricted

12 driving permit granting the privilege of driving a motor

13 vehicle between the petitioner's residence and petitioner's

14 place of employment or within the scope of the petitioner's

15 ~~employment-related~~ employment relatedduties, or to allow the

16 petitioner to transport himself or herself, or a family member

17 of the petitioner's household to a medical facility, to

18 receive necessary medical care, to allow the petitioner to

19 transport himself or herself to and from alcohol or drug

20 remedial or rehabilitative activity recommended by a licensed

21 service provider, or to allow the petitioner to transport

22 himself or herself or a family member of the petitioner's

23 household to classes, as a student, at an accredited

24 educational institution, or to allow the petitioner to

25 transport children, elderly persons, or persons with

26 disabilities who do not hold driving privileges and are living

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1 in the petitioner's household to and from daycare. The

2 petitioner must demonstrate that no alternative means of

3 transportation is reasonably available and that the petitioner

4 will not endanger the public safety or welfare.

5 (A) If a person's license or permit is revoked or

6 suspended due to 2 or more convictions of violating

7 Section 11-501 of this Code or a similar provision of a

8 local ordinance or a similar out-of-state offense, or

9 Section 9-3 of the Criminal Code of 1961 or the Criminal

10 Code of 2012, where the use of alcohol or other drugs is

11 recited as an element of the offense, or a similar

12 out-of-state offense, or a combination of these offenses,

13 arising out of separate occurrences, that person, if

14 issued a restricted driving permit, may not operate a

15 vehicle unless it has been equipped with an ignition

16 interlock device as defined in Section 1-129.1.

17 (B) If a person's license or permit is revoked or

18 suspended 2 or more times due to any combination of:

19 (i) a single conviction of violating Section

20 11-501 of this Code or a similar provision of a local

21 ordinance or a similar out-of-state offense or Section

22 9-3 of the Criminal Code of 1961 or the Criminal Code

23 of 2012, where the use of alcohol or other drugs is

24 recited as an element of the offense, or a similar

25 out-of-state offense; or

26 (ii) a statutory summary suspension or revocation

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1 under Section 11-501.1; or

2 (iii) a suspension under Section 6-203.1;

3 arising out of separate occurrences; that person, if

4 issued a restricted driving permit, may not operate a

5 vehicle unless it has been equipped with an ignition

6 interlock device as defined in Section 1-129.1.

7 (B-5) If a person's license or permit is revoked or

8 suspended due to a conviction for a violation of

9 subparagraph (C) or (F) of paragraph (1) of subsection (d)

10 of Section 11-501 of this Code, or a similar provision of a

11 local ordinance or similar out-of-state offense, that

12 person, if issued a restricted driving permit, may not

13 operate a vehicle unless it has been equipped with an

14 ignition interlock device as defined in Section 1-129.1.

15 (C) The person issued a permit conditioned upon the

16 use of an ignition interlock device must pay to the

17 Secretary of State DUI Administration Fund an amount not

18 to exceed $30 per month. The Secretary shall establish by

19 rule the amount and the procedures, terms, and conditions

20 relating to these fees.

21 (D) If the restricted driving permit is issued for

22 employment purposes, then the prohibition against

23 operating a motor vehicle that is not equipped with an

24 ignition interlock device does not apply to the operation

25 of an occupational vehicle owned or leased by that

26 person's employer when used solely for employment

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1 purposes. For any person who, within a 5-year period, is

2 convicted of a second or subsequent offense under Section

3 11-501 of this Code, or a similar provision of a local

4 ordinance or similar out-of-state offense, this employment

5 exemption does not apply until either a one-year period

6 has elapsed during which that person had his or her

7 driving privileges revoked or a one-year period has

8 elapsed during which that person had a restricted driving

9 permit which required the use of an ignition interlock

10 device on every motor vehicle owned or operated by that

11 person.

12 (E) In each case the Secretary may issue a restricted

13 driving permit for a period deemed appropriate, except

14 that all permits shall expire no later than 2 years from

15 the date of issuance. A restricted driving permit issued

16 under this Section shall be subject to cancellation,

17 revocation, and suspension by the Secretary of State in

18 like manner and for like cause as a driver's license

19 issued under this Code may be cancelled, revoked, or

20 suspended; except that a conviction upon one or more

21 offenses against laws or ordinances regulating the

22 movement of traffic shall be deemed sufficient cause for

23 the revocation, suspension, or cancellation of a

24 restricted driving permit. The Secretary of State may, as

25 a condition to the issuance of a restricted driving

26 permit, require the applicant to participate in a

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1 designated driver remedial or rehabilitative program. The

2 Secretary of State is authorized to cancel a restricted

3 driving permit if the permit holder does not successfully

4 complete the program.

5 (F) A person subject to the provisions of paragraph 4

6 of subsection (b) of Section 6-208 of this Code may make

7 application for a restricted driving permit at a hearing

8 conducted under Section 2-118 of this Code after the

9 expiration of 5 years from the effective date of the most

10 recent revocation or after 5 years from the date of

11 release from a period of imprisonment resulting from a

12 conviction of the most recent offense, whichever is later,

13 provided the person, in addition to all other requirements

14 of the Secretary, shows by clear and convincing evidence:

15 (i) a minimum of 3 years of uninterrupted

16 abstinence from alcohol and the unlawful use or

17 consumption of cannabis under the Cannabis Control

18 Act, a controlled substance under the Illinois

19 Controlled Substances Act, an intoxicating compound

20 under the Use of Intoxicating Compounds Act, or

21 methamphetamine under the Methamphetamine Control and

22 Community Protection Act; and

23 (ii) the successful completion of any

24 rehabilitative treatment and involvement in any

25 ongoing rehabilitative activity that may be

26 recommended by a properly licensed service provider

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1 according to an assessment of the person's alcohol or

2 drug use under Section 11-501.01 of this Code.

3 In determining whether an applicant is eligible for a

4 restricted driving permit under this subparagraph (F), the

5 Secretary may consider any relevant evidence, including,

6 but not limited to, testimony, affidavits, records, and

7 the results of regular alcohol or drug tests. Persons

8 subject to the provisions of paragraph 4 of subsection (b)

9 of Section 6-208 of this Code and who have been convicted

10 of more than one violation of paragraph (3), paragraph

11 (4), or paragraph (5) of subsection (a) of Section 11-501

12 of this Code shall not be eligible to apply for a

13 restricted driving permit under this subparagraph (F).

14 A restricted driving permit issued under this

15 subparagraph (F) shall provide that the holder may only

16 operate motor vehicles equipped with an ignition interlock

17 device as required under paragraph (2) of subsection (c)

18 of Section 6-205 of this Code and subparagraph (A) of

19 paragraph 3 of subsection (c) of this Section. The

20 Secretary may revoke a restricted driving permit or amend

21 the conditions of a restricted driving permit issued under

22 this subparagraph (F) if the holder operates a vehicle

23 that is not equipped with an ignition interlock device, or

24 for any other reason authorized under this Code.

25 A restricted driving permit issued under this

26 subparagraph (F) shall be revoked, and the holder barred

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1 from applying for or being issued a restricted driving

2 permit in the future, if the holder is convicted of a

3 violation of Section 11-501 of this Code, a similar

4 provision of a local ordinance, or a similar offense in

5 another state.

6 (c-3) In the case of a suspension under paragraph 43 of

7 subsection (a), reports received by the Secretary of State

8 under this Section shall, except during the actual time the

9 suspension is in effect, be privileged information and for use

10 only by the courts, police officers, prosecuting authorities,

11 the driver licensing administrator of any other state, the

12 Secretary of State, or the parent or legal guardian of a driver

13 under the age of 18. However, beginning January 1, 2008, if the

14 person is a CDL holder, the suspension shall also be made

15 available to the driver licensing administrator of any other

16 state, the U.S. Department of Transportation, and the affected

17 driver or motor carrier or prospective motor carrier upon

18 request.

19 (c-4) In the case of a suspension under paragraph 43 of

20 subsection (a), the Secretary of State shall notify the person

21 by mail that his or her driving privileges and driver's

22 license will be suspended one month after the date of the

23 mailing of the notice.

24 (c-5) The Secretary of State may, as a condition of the

25 reissuance of a driver's license or permit to an applicant

26 whose driver's license or permit has been suspended before he

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1 or she reached the age of 21 years pursuant to any of the

2 provisions of this Section, require the applicant to

3 participate in a driver remedial education course and be

4 retested under Section 6-109 of this Code.

5 (d) This Section is subject to the provisions of the

6 ~~Driver~~ DriversLicense Compact.

7 (e) The Secretary of State shall not issue a restricted

8 driving permit to a person under the age of 16 years whose

9 driving privileges have been suspended or revoked under any

10 provisions of this Code.

11 (f) In accordance with 49 C.F.R. 384, the Secretary of

12 State may not issue a restricted driving permit for the

13 operation of a commercial motor vehicle to a person holding a

14 CDL whose driving privileges have been suspended, revoked,

15 cancelled, or disqualified under any provisions of this Code.

16 (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;

17 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.

18 8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)

19 (625 ILCS 5/6-308)

20 Sec. 6-308. Procedures for traffic violations.

21 (a) Any person cited for violating this Code or a similar

22 provision of a local ordinance for which a violation is a petty

23 offense as defined by Section 5-1-17 of the Unified Code of

24 Corrections, excluding business offenses as defined by Section

25 5-1-2 of the Unified Code of Corrections or a violation of

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1 Section 15-111 or subsection (d) of Section 3-401 of this

2 Code, shall not be required to sign the citation or post bond

3 to secure bail for his or her release. All other provisions of

4 this Code or similar provisions of local ordinances shall be

5 governed by the ~~pretrial release~~ bail provisions of the

6 Illinois Supreme Court Rules when it is not practical or

7 feasible to take the person before a judge to have ~~conditions~~

8 ~~of pretrial release~~ bail set or to avoid undue delay because of

9 the hour or circumstances.

10 (b) Whenever a person fails to appear in court, the court

11 may continue the case for a minimum of 30 days and the clerk of

12 the court shall send notice of the continued court date to the

13 person's last known address. If the person does not appear in

14 court on or before the continued court date or satisfy the

15 court that the person's appearance in and surrender to the

16 court is impossible for no fault of the person, the court shall

17 enter an order of failure to appear. The clerk of the court

18 shall notify the Secretary of State, on a report prescribed by

19 the Secretary, of the court's order. The Secretary, when

20 notified by the clerk of the court that an order of failure to

21 appear has been entered, shall immediately suspend the

22 person's driver's license, which shall be designated by the

23 Secretary as a Failure to Appear suspension. The Secretary

24 shall not remove the suspension, nor issue any permit or

25 privileges to the person whose license has been suspended,

26 until notified by the ordering court that the person has

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1 appeared and resolved the violation. Upon compliance, the

2 clerk of the court shall present the person with a notice of

3 compliance containing the seal of the court, and shall notify

4 the Secretary that the person has appeared and resolved the

5 violation.

6 (c) Illinois Supreme Court Rules shall govern ~~pretrial~~

7 ~~release~~ bail and appearance procedures when a person who is a

8 resident of another state that is not a member of the

9 Nonresident Violator Compact of 1977 is cited for violating

10 this Code or a similar provision of a local ordinance.

11 (Source: P.A. 100-674, eff. 1-1-19; 101-652.)

12 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)

13 Sec. 6-500. Definitions of words and phrases.

14 Notwithstanding the definitions set forth elsewhere in this

15 Code, for purposes of the Uniform Commercial Driver's License

16 Act (UCDLA), the words and phrases listed below have the

17 meanings ascribed to them as follows:

18 (1) Alcohol. "Alcohol" means any substance containing any

19 form of alcohol, including but not limited to ethanol,

20 methanol, propanol, and isopropanol.

21 (2) Alcohol concentration. "Alcohol concentration" means:

22 (A) the number of grams of alcohol per 210 liters of

23 breath; or

24 (B) the number of grams of alcohol per 100 milliliters

25 of blood; or

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1 (C) the number of grams of alcohol per 67 milliliters

2 of urine.

3 Alcohol tests administered within 2 hours of the driver

4 being "stopped or detained" shall be considered that driver's

5 "alcohol concentration" for the purposes of enforcing this

6 UCDLA.

7 (3) (Blank).

8 (4) (Blank).

9 (5) (Blank).

10 (5.3) CDLIS driver record. "CDLIS driver record" means the

11 electronic record of the individual CDL driver's status and

12 history stored by the State-of-Record as part of the

13 Commercial Driver's License Information System, or CDLIS,

14 established under 49 U.S.C. 31309.

15 (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle

16 record" or "CDLIS MVR" means a report generated from the CDLIS

17 driver record meeting the requirements for access to CDLIS

18 information and provided by states to users authorized in 49

19 C.F.R. 384.225(e)(3) and (4), subject to the provisions of the

20 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

21 (5.7) Commercial driver's license downgrade. "Commercial

22 driver's license downgrade" or "CDL downgrade" means either:

23 (A) a state allows the driver to change his or her

24 self-certification to interstate, but operating

25 exclusively in transportation or operation excepted from

26 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

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1 391.2, 391.68, or 398.3;

2 (B) a state allows the driver to change his or her

3 self-certification to intrastate only, if the driver

4 qualifies under that state's physical qualification

5 requirements for intrastate only;

6 (C) a state allows the driver to change his or her

7 certification to intrastate, but operating exclusively in

8 transportation or operations excepted from all or part of

9 the state driver qualification requirements; or

10 (D) a state removes the CDL privilege from the driver

11 license.

12 (6) Commercial Motor Vehicle.

13 (A) "Commercial motor vehicle" or "CMV" means a motor

14 vehicle or combination of motor vehicles used in commerce,

15 except those referred to in subdivision (B), designed to

16 transport passengers or property if the motor vehicle:

17 (i) has a gross combination weight rating or gross

18 combination weight of 11,794 kilograms or more (26,001

19 pounds or more), whichever is greater, inclusive of

20 any towed unit with a gross vehicle weight rating or

21 gross vehicle weight of more than 4,536 kilograms

22 (10,000 pounds), whichever is greater; or

23 (i-5) has a gross vehicle weight rating or gross

24 vehicle weight of 11,794 or more kilograms (26,001

25 pounds or more), whichever is greater; or

26 (ii) is designed to transport 16 or more persons,

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1 including the driver; or

2 (iii) is of any size and is used in transporting

3 hazardous materials as defined in 49 C.F.R. 383.5.

4 (B) Pursuant to the interpretation of the Commercial

5 Motor Vehicle Safety Act of 1986 by the Federal Highway

6 Administration, the definition of "commercial motor

7 vehicle" does not include:

8 (i) recreational vehicles, when operated primarily

9 for personal use;

10 (ii) vehicles owned by or operated under the

11 direction of the United States Department of Defense

12 or the United States Coast Guard only when operated by

13 non-civilian personnel. This includes any operator on

14 active military duty; members of the Reserves;

15 National Guard; personnel on part-time training; and

16 National Guard military technicians (civilians who are

17 required to wear military uniforms and are subject to

18 the Code of Military Justice); or

19 (iii) firefighting, police, and other emergency

20 equipment (including, without limitation, equipment

21 owned or operated by a HazMat or technical rescue team

22 authorized by a county board under Section 5-1127 of

23 the Counties Code), with audible and visual signals,

24 owned or operated by or for a governmental entity,

25 which is necessary to the preservation of life or

26 property or the execution of emergency governmental

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1 functions which are normally not subject to general

2 traffic rules and regulations.

3 (7) Controlled Substance. "Controlled substance" shall

4 have the same meaning as defined in Section 102 of the Illinois

5 Controlled Substances Act, and shall also include cannabis as

6 defined in Section 3 of the Cannabis Control Act and

7 methamphetamine as defined in Section 10 of the

8 Methamphetamine Control and Community Protection Act.

9 (8) Conviction. "Conviction" means an unvacated

10 adjudication of guilt or a determination that a person has

11 violated or failed to comply with the law in a court of

12 original jurisdiction or by an authorized administrative

13 tribunal; an unvacated ~~revocation of pretrial release or~~

14 forfeiture of bail or collateral deposited to secure the

15 person's appearance in court; a plea of guilty or nolo

16 contendere accepted by the court; the payment of a fine or

17 court cost regardless of whether the imposition of sentence is

18 deferred and ultimately a judgment dismissing the underlying

19 charge is entered; or a violation of a condition of~~pretrial~~

20 release without bail, regardless of whether or not the penalty

21 is rebated, suspended or probated.

22 (8.5) Day. "Day" means calendar day.

23 (9) (Blank).

24 (10) (Blank).

25 (11) (Blank).

26 (12) (Blank).

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1 (13) Driver. "Driver" means any person who drives,

2 operates, or is in physical control of a commercial motor

3 vehicle, any person who is required to hold a CDL, or any

4 person who is a holder of a CDL while operating a

5 non-commercial motor vehicle.

6 (13.5) Driver applicant. "Driver applicant" means an

7 individual who applies to a state or other jurisdiction to

8 obtain, transfer, upgrade, or renew a CDL or to obtain or renew

9 a CLP.

10 (13.8) Electronic device. "Electronic device" includes,

11 but is not limited to, a cellular telephone, personal digital

12 assistant, pager, computer, or any other device used to input,

13 write, send, receive, or read text.

14 (14) Employee. "Employee" means a person who is employed

15 as a commercial motor vehicle driver. A person who is

16 self-employed as a commercial motor vehicle driver must comply

17 with the requirements of this UCDLA pertaining to employees.

18 An owner-operator on a long-term lease shall be considered an

19 employee.

20 (15) Employer. "Employer" means a person (including the

21 United States, a State or a local authority) who owns or leases

22 a commercial motor vehicle or assigns employees to operate

23 such a vehicle. A person who is self-employed as a commercial

24 motor vehicle driver must comply with the requirements of this

25 UCDLA.

26 (15.1) Endorsement. "Endorsement" means an authorization

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1 to an individual's CLP or CDL required to permit the

2 individual to operate certain types of commercial motor

3 vehicles.

4 (15.2) Entry-level driver training. "Entry-level driver

5 training" means the training an entry-level driver receives

6 from an entity listed on the Federal Motor Carrier Safety

7 Administration's Training Provider Registry prior to: (i)

8 taking the CDL skills test required to receive the Class A or

9 Class B CDL for the first time; (ii) taking the CDL skills test

10 required to upgrade to a Class A or Class B CDL; or (iii)

11 taking the CDL skills test required to obtain a passenger or

12 school bus endorsement for the first time or the CDL knowledge

13 test required to obtain a hazardous materials endorsement for

14 the first time.

15 (15.3) Excepted interstate. "Excepted interstate" means a

16 person who operates or expects to operate in interstate

17 commerce, but engages exclusively in transportation or

18 operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,

19 or 398.3 from all or part of the qualification requirements of

20 49 C.F.R. Part 391 and is not required to obtain a medical

21 examiner's certificate by 49 C.F.R. 391.45.

22 (15.5) Excepted intrastate. "Excepted intrastate" means a

23 person who operates in intrastate commerce but engages

24 exclusively in transportation or operations excepted from all

25 or parts of the state driver qualification requirements.

26 (16) (Blank).

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1 (16.5) Fatality. "Fatality" means the death of a person as

2 a result of a motor vehicle accident.

3 (16.7) Foreign commercial driver. "Foreign commercial

4 driver" means a person licensed to operate a commercial motor

5 vehicle by an authority outside the United States, or a

6 citizen of a foreign country who operates a commercial motor

7 vehicle in the United States.

8 (17) Foreign jurisdiction. "Foreign jurisdiction" means a

9 sovereign jurisdiction that does not fall within the

10 definition of "State".

11 (18) (Blank).

12 (19) (Blank).

13 (20) Hazardous materials. "Hazardous material" means any

14 material that has been designated under 49 U.S.C. 5103 and is

15 required to be placarded under subpart F of 49 C.F.R. part 172

16 or any quantity of a material listed as a select agent or toxin

17 in 42 C.F.R. part 73.

18 (20.5) Imminent Hazard. "Imminent hazard" means the

19 existence of any condition of a vehicle, employee, or

20 commercial motor vehicle operations that substantially

21 increases the likelihood of serious injury or death if not

22 discontinued immediately; or a condition relating to hazardous

23 material that presents a substantial likelihood that death,

24 serious illness, severe personal injury, or a substantial

25 endangerment to health, property, or the environment may occur

26 before the reasonably foreseeable completion date of a formal

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1 proceeding begun to lessen the risk of that death, illness,

2 injury or endangerment.

3 (20.6) Issuance. "Issuance" means initial issuance,

4 transfer, renewal, or upgrade of a CLP or CDL and

5 non-domiciled CLP or CDL.

6 (20.7) Issue. "Issue" means initial issuance, transfer,

7 renewal, or upgrade of a CLP or CDL and non-domiciled CLP or

8 non-domiciled CDL.

9 (21) Long-term lease. "Long-term lease" means a lease of a

10 commercial motor vehicle by the owner-lessor to a lessee, for

11 a period of more than 29 days.

12 (21.01) Manual transmission. "Manual transmission" means a

13 transmission utilizing a driver-operated clutch that is

14 activated by a pedal or lever and a gear-shift mechanism

15 operated either by hand or foot including those known as a

16 stick shift, stick, straight drive, or standard transmission.

17 All other transmissions, whether semi-automatic or automatic,

18 shall be considered automatic for the purposes of the

19 standardized restriction code.

20 (21.1) Medical examiner. "Medical examiner" means an

21 individual certified by the Federal Motor Carrier Safety

22 Administration and listed on the National Registry of

23 Certified Medical Examiners in accordance with Federal Motor

24 Carrier Safety Regulations, 49 CFR 390.101 et seq.

25 (21.2) Medical examiner's certificate. "Medical examiner's

26 certificate" means either (1) prior to June 22, 2021, a

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1 document prescribed or approved by the Secretary of State that

2 is issued by a medical examiner to a driver to medically

3 qualify him or her to drive; or (2) beginning June 22, 2021, an

4 electronic submission of results of an examination conducted

5 by a medical examiner listed on the National Registry of

6 Certified Medical Examiners to the Federal Motor Carrier

7 Safety Administration of a driver to medically qualify him or

8 her to drive.

9 (21.5) Medical variance. "Medical variance" means a driver

10 has received one of the following from the Federal Motor

11 Carrier Safety Administration which allows the driver to be

12 issued a medical certificate: (1) an exemption letter

13 permitting operation of a commercial motor vehicle pursuant to

14 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a

15 skill performance evaluation (SPE) certificate permitting

16 operation of a commercial motor vehicle pursuant to 49 C.F.R.

17 391.49.

18 (21.7) Mobile telephone. "Mobile telephone" means a mobile

19 communication device that falls under or uses any commercial

20 mobile radio service, as defined in regulations of the Federal

21 Communications Commission, 47 CFR 20.3. It does not include

22 two-way or citizens band radio services.

23 (22) Motor Vehicle. "Motor vehicle" means every vehicle

24 which is self-propelled, and every vehicle which is propelled

25 by electric power obtained from over head trolley wires but

26 not operated upon rails, except vehicles moved solely by human

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1 power and motorized wheel chairs.

2 (22.2) Motor vehicle record. "Motor vehicle record" means

3 a report of the driving status and history of a driver

4 generated from the driver record provided to users, such as

5 drivers or employers, and is subject to the provisions of the

6 Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

7 (22.5) Non-CMV. "Non-CMV" means a motor vehicle or

8 combination of motor vehicles not defined by the term

9 "commercial motor vehicle" or "CMV" in this Section.

10 (22.7) Non-excepted interstate. "Non-excepted interstate"

11 means a person who operates or expects to operate in

12 interstate commerce, is subject to and meets the qualification

13 requirements under 49 C.F.R. Part 391, and is required to

14 obtain a medical examiner's certificate by 49 C.F.R. 391.45.

15 (22.8) Non-excepted intrastate. "Non-excepted intrastate"

16 means a person who operates only in intrastate commerce and is

17 subject to State driver qualification requirements.

18 (23) Non-domiciled CLP or Non-domiciled CDL.

19 "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,

20 respectively, issued by a state or other jurisdiction under

21 either of the following two conditions:

22 (i) to an individual domiciled in a foreign country

23 meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.

24 of the Federal Motor Carrier Safety Administration.

25 (ii) to an individual domiciled in another state

26 meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.

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1 of the Federal Motor Carrier Safety Administration.

2 (24) (Blank).

3 (25) (Blank).

4 (25.5) Railroad-Highway Grade Crossing Violation.

5 "Railroad-highway grade crossing violation" means a violation,

6 while operating a commercial motor vehicle, of any of the

7 following:

8 (A) Section 11-1201, 11-1202, or 11-1425 of this Code.

9 (B) Any other similar law or local ordinance of any

10 state relating to railroad-highway grade crossing.

11 (25.7) School Bus. "School bus" means a commercial motor

12 vehicle used to transport pre-primary, primary, or secondary

13 school students from home to school, from school to home, or to

14 and from school-sponsored events. "School bus" does not

15 include a bus used as a common carrier.

16 (26) Serious Traffic Violation. "Serious traffic

17 violation" means:

18 (A) a conviction when operating a commercial motor

19 vehicle, or when operating a non-CMV while holding a CLP

20 or CDL, of:

21 (i) a violation relating to excessive speeding,

22 involving a single speeding charge of 15 miles per

23 hour or more above the legal speed limit; or

24 (ii) a violation relating to reckless driving; or

25 (iii) a violation of any State law or local

26 ordinance relating to motor vehicle traffic control

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1 (other than parking violations) arising in connection

2 with a fatal traffic accident; or

3 (iv) a violation of Section 6-501, relating to

4 having multiple driver's licenses; or

5 (v) a violation of paragraph (a) of Section 6-507,

6 relating to the requirement to have a valid CLP or CDL;

7 or

8 (vi) a violation relating to improper or erratic

9 traffic lane changes; or

10 (vii) a violation relating to following another

11 vehicle too closely; or

12 (viii) a violation relating to texting while

13 driving; or

14 (ix) a violation relating to the use of a

15 hand-held mobile telephone while driving; or

16 (B) any other similar violation of a law or local

17 ordinance of any state relating to motor vehicle traffic

18 control, other than a parking violation, which the

19 Secretary of State determines by administrative rule to be

20 serious.

21 (27) State. "State" means a state of the United States,

22 the District of Columbia and any province or territory of

23 Canada.

24 (28) (Blank).

25 (29) (Blank).

26 (30) (Blank).

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1 (31) (Blank).

2 (32) Texting. "Texting" means manually entering

3 alphanumeric text into, or reading text from, an electronic

4 device.

5 (1) Texting includes, but is not limited to, short

6 message service, emailing, instant messaging, a command or

7 request to access a World Wide Web page, pressing more

8 than a single button to initiate or terminate a voice

9 communication using a mobile telephone, or engaging in any

10 other form of electronic text retrieval or entry for

11 present or future communication.

12 (2) Texting does not include:

13 (i) inputting, selecting, or reading information

14 on a global positioning system or navigation system;

15 or

16 (ii) pressing a single button to initiate or

17 terminate a voice communication using a mobile

18 telephone; or

19 (iii) using a device capable of performing

20 multiple functions (for example, a fleet management

21 system, dispatching device, smart phone, citizens band

22 radio, or music player) for a purpose that is not

23 otherwise prohibited by Part 392 of the Federal Motor

24 Carrier Safety Regulations.

25 (32.3) Third party skills test examiner. "Third party

26 skills test examiner" means a person employed by a third party

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1 tester who is authorized by the State to administer the CDL

2 skills tests specified in 49 C.F.R. Part 383, subparts G and H.

3 (32.5) Third party tester. "Third party tester" means a

4 person (including, but not limited to, another state, a motor

5 carrier, a private driver training facility or other private

6 institution, or a department, agency, or instrumentality of a

7 local government) authorized by the State to employ skills

8 test examiners to administer the CDL skills tests specified in

9 49 C.F.R. Part 383, subparts G and H.

10 (32.7) United States. "United States" means the 50 states

11 and the District of Columbia.

12 (33) Use a hand-held mobile telephone. "Use a hand-held

13 mobile telephone" means:

14 (1) using at least one hand to hold a mobile telephone

15 to conduct a voice communication;

16 (2) dialing or answering a mobile telephone by

17 pressing more than a single button; or

18 (3) reaching for a mobile telephone in a manner that

19 requires a driver to maneuver so that he or she is no

20 longer in a seated driving position, restrained by a seat

21 belt that is installed in accordance with 49 CFR 393.93

22 and adjusted in accordance with the vehicle manufacturer's

23 instructions.

24 (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;

25 101-652.)

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1 (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)

2 Sec. 6-601. Penalties.

3 (a) It is a petty offense for any person to violate any of

4 the provisions of this Chapter unless such violation is by

5 this Code or other law of this State declared to be a

6 misdemeanor or a felony.

7 (b) General penalties. Unless another penalty is in this

8 Code or other laws of this State, every person convicted of a

9 petty offense for the violation of any provision of this

10 Chapter shall be punished by a fine of not more than $500.

11 (c) Unlicensed driving. Except as hereinafter provided a

12 violation of Section 6-101 shall be:

13 1. A Class A misdemeanor if the person failed to

14 obtain a driver's license or permit after expiration of a

15 period of revocation.

16 2. A Class B misdemeanor if the person has been issued

17 a driver's license or permit, which has expired, and if

18 the period of expiration is greater than one year; or if

19 the person has never been issued a driver's license or

20 permit, or is not qualified to obtain a driver's license

21 or permit because of his age.

22 3. A petty offense if the person has been issued a

23 temporary visitor's driver's license or permit and is

24 unable to provide proof of liability insurance as provided

25 in subsection (d-5) of Section 6-105.1.

26 If a licensee under this Code is convicted of violating

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1 Section 6-303 for operating a motor vehicle during a time when

2 such licensee's driver's license was suspended under the

3 provisions of Section 6-306.3 or 6-308, then such act shall be

4 a petty offense (provided the licensee has answered the charge

5 which was the basis of the suspension under Section 6-306.3 or

6 6-308), and there shall be imposed no additional like period

7 of suspension as provided in paragraph (b) of Section 6-303.

8 (d) For violations of this Code or a similar provision of a

9 local ordinance for which a violation is a petty offense as

10 defined by Section 5-1-17 of the Unified Code of Corrections,

11 excluding business offenses as defined by Section 5-1-2 of the

12 Unified Code of Corrections or a violation of Section 15-111

13 or subsection (d) of Section 3-401 of this Code, if the

14 violation may be satisfied without a court appearance, the

15 violator may, pursuant to Supreme Court Rule, satisfy the case

16 with a written plea of guilty and payment of fines, penalties,

17 and costs ~~as~~ equal to the bail amount established by the

18 Supreme Court for the offense.

19 (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;

20 98-1134, eff. 1-1-15; 101-652.)

21 (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)

22 Sec. 16-103. Arrest outside county where violation

23 committed.

24 Whenever a defendant is arrested upon a warrant charging a

25 violation of this Act in a county other than that in which such

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1 warrant was issued, the arresting officer, immediately upon

2 the request of the defendant, shall take such defendant before

3 a circuit judge or associate circuit judge in the county in

4 which the arrest was made who shall admit the defendant to

5 ~~pretrial release~~ bail for his appearance before the court

6 named in the warrant. On ~~setting the conditions of pretrial~~

7 ~~release~~ taking such bail the circuit judge or associate

8 circuit judge shall certify such fact on the warrant and

9 deliver the warrant and ~~conditions of pretrial release~~

10 undertaking of bail or other security, or the drivers license

11 of such defendant if deposited, under the law relating to such

12 licenses, in lieu of such security, to the officer having

13 charge of the defendant. Such officer shall then immediately

14 discharge the defendant from arrest and without delay deliver

15 such warrant and such~~acknowledgment by the defendant of his~~

16 ~~or her receiving the conditions of pretrial release~~

17 undertaking of bail, or other security or drivers license to

18 the court before which the defendant is required to appear.

19 (Source: P.A. 77-1280; 101-652.)

20 Section 175. The Illinois Vehicle Code is amended by

21 changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,

22 11-208.9, and 11-1201.1 as follows:

23 (625 ILCS 5/6-209.1)

24 Sec. 6-209.1. Restoration of driving privileges;

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1 revocation; suspension; cancellation.

2 ~~(a)~~ The Secretary shall rescind the suspension or

3 cancellation of a person's driver's license that has been

4 suspended or canceled before ~~July 1, 2020 (~~the effective date

5 of ~~Public Act 101-623)~~ this amendatory Act of the 101st

6 General Assembly due to:

7 (1) the person being convicted of theft of motor fuel

8 under ~~Section~~ Sections 16-25 or 16K-15 of the Criminal

9 Code of 1961 or the Criminal Code of 2012;

10 (2) the person, since the issuance of the driver's

11 license, being adjudged to be afflicted with or suffering

12 from any mental disability or disease;

13 (3) a violation of Section 6-16 of the Liquor Control

14 Act of 1934 or a similar provision of a local ordinance;

15 (4) the person being convicted of a violation of

16 Section 6-20 of the Liquor Control Act of 1934 or a similar

17 provision of a local ordinance, if the person presents a

18 certified copy of a court order that includes a finding

19 that the person was not an occupant of a motor vehicle at

20 the time of the violation;

21 (5) the person receiving a disposition of court

22 supervision for a violation of ~~subsection~~ subsections (a),

23 (d), or (e) of Section 6-20 of the Liquor Control Act of

24 1934 or a similar provision of a local ordinance, if the

25 person presents a certified copy of a court order that

26 includes a finding that the person was not an occupant of a

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1 motor vehicle at the time of the violation;

2 (6) the person failing to pay any fine or penalty due

3 or owing as a result of 10 or more violations of a

4 municipality's or county's vehicular standing, parking, or

5 compliance regulations established by ordinance under

6 Section 11-208.3 of this Code;

7 (7) the person failing to satisfy any fine or penalty

8 resulting from a final order issued by the ~~Illinois State~~

9 ~~Toll Highway~~ Authority relating directly or indirectly to

10 5 or more toll violations, toll evasions, or both;

11 (8) the person being convicted of a violation of

12 Section 4-102 of this Code, if the person presents a

13 certified copy of a court order that includes a finding

14 that the person did not exercise actual physical control

15 of the vehicle at the time of the violation; or

16 (9) the person being convicted of criminal trespass to

17 vehicles under Section 21-2 of the Criminal Code of 2012,

18 if the person presents a certified copy of a court order

19 that includes a finding that the person did not exercise

20 actual physical control of the vehicle at the time of the

21 violation.

22 ~~(b) As soon as practicable and no later than July 1, 2021,~~

23 ~~the Secretary shall rescind the suspension, cancellation, or~~

24 ~~prohibition of renewal of a person's driver's license that has~~

25 ~~been suspended, canceled, or whose renewal has been prohibited~~

26 ~~before the effective date of this amendatory Act of the 101st~~

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1 ~~General Assembly due to the person having failed to pay any~~

2 ~~fine or penalty for traffic violations, automated traffic law~~

3 ~~enforcement system violations as defined in Sections 11-208.6,~~

4 ~~and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle~~

5 ~~fees.~~

6 (Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;

7 102-558, eff. 8-20-21.)

8 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)

9 Sec. 11-208.3. Administrative adjudication of violations

10 of traffic regulations concerning the standing, parking, or

11 condition of vehicles, automated traffic law violations, and

12 automated speed enforcement system violations.

13 (a) Any municipality or county may provide by ordinance

14 for a system of administrative adjudication of vehicular

15 standing and parking violations and vehicle compliance

16 violations as described in this subsection, automated traffic

17 law violations as defined in Section 11-208.6, 11-208.9, or

18 11-1201.1, and automated speed enforcement system violations

19 as defined in Section 11-208.8. The administrative system

20 shall have as its purpose the fair and efficient enforcement

21 of municipal or county regulations through the administrative

22 adjudication of automated speed enforcement system or

23 automated traffic law violations and violations of municipal

24 or county ordinances regulating the standing and parking of

25 vehicles, the condition and use of vehicle equipment, and the

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1 display of municipal or county wheel tax licenses within the

2 municipality's or county's borders. The administrative system

3 shall only have authority to adjudicate civil offenses

4 carrying fines not in excess of $500 or requiring the

5 completion of a traffic education program, or both, that occur

6 after the effective date of the ordinance adopting such a

7 system under this Section. For purposes of this Section,

8 "compliance violation" means a violation of a municipal or

9 county regulation governing the condition or use of equipment

10 on a vehicle or governing the display of a municipal or county

11 wheel tax license.

12 (b) Any ordinance establishing a system of administrative

13 adjudication under this Section shall provide for:

14 (1) A traffic compliance administrator authorized to

15 adopt, distribute~~,~~and process parking, compliance, and

16 automated speed enforcement system or automated traffic

17 law violation notices and other notices required by this

18 Section, collect money paid as fines and penalties for

19 violation of parking and compliance ordinances and

20 automated speed enforcement system or automated traffic

21 law violations, and operate an administrative adjudication

22 system. The traffic compliance administrator also may make

23 a certified report to the Secretary of State under Section

24 6-306.5.

25 (2) A parking, standing, compliance, automated speed

26 enforcement system, or automated traffic law violation

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1 notice that shall specify or include the date, time, and

2 place of violation of a parking, standing, compliance,

3 automated speed enforcement system, or automated traffic

4 law regulation; the particular regulation violated; any

5 requirement to complete a traffic education program; the

6 fine and any penalty that may be assessed for late payment

7 or failure to complete a required traffic education

8 program, or both, when so provided by ordinance; the

9 vehicle make or a photograph of the vehicle; the state

10 registration number of the vehicle; and the identification

11 number of the person issuing the notice. With regard to

12 automated speed enforcement system or automated traffic

13 law violations, vehicle make shall be specified on the

14 automated speed enforcement system or automated traffic

15 law violation notice if the notice does not include a

16 photograph of the vehicle and the make is available and

17 readily discernible. With regard to municipalities or

18 counties with a population of 1 million or more, it shall

19 be grounds for dismissal of a parking violation if the

20 state registration number or vehicle make specified is

21 incorrect. The violation notice shall state that the

22 completion of any required traffic education program, the

23 payment of any indicated fine, and the payment of any

24 applicable penalty for late payment or failure to complete

25 a required traffic education program, or both, shall

26 operate as a final disposition of the violation. The

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1 notice also shall contain information as to the

2 availability of a hearing in which the violation may be

3 contested on its merits. The violation notice shall

4 specify the time and manner in which a hearing may be had.

5 (3) Service of a parking, standing, or compliance

6 violation notice by: (i) affixing the original or a

7 facsimile of the notice to an unlawfully parked or

8 standing vehicle; (ii) handing the notice to the operator

9 of a vehicle if he or she is present; or (iii) mailing the

10 notice to the address of the registered owner or lessee of

11 the cited vehicle as recorded with the Secretary of State

12 or the lessor of the motor vehicle within 30 days after the

13 Secretary of State or the lessor of the motor vehicle

14 notifies the municipality or county of the identity of the

15 owner or lessee of the vehicle, but not later than 90 days

16 after ~~the~~ date of the violation, except that in the case of

17 a lessee of a motor vehicle, service of a parking,

18 standing, or compliance violation notice may occur no

19 later than 210 days after the violation; and service of an

20 automated speed enforcement system or automated traffic

21 law violation notice by mail to the address of the

22 registered owner or lessee of the cited vehicle as

23 recorded with the Secretary of State or the lessor of the

24 motor vehicle within 30 days after the Secretary of State

25 or the lessor of the motor vehicle notifies the

26 municipality or county of the identity of the owner or

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1 lessee of the vehicle, but not later than 90 days after the

2 violation, except that in the case of a lessee of a motor

3 vehicle, service of an automated traffic law violation

4 notice may occur no later than 210 days after the

5 violation. A person authorized by ordinance to issue and

6 serve parking, standing, and compliance violation notices

7 shall certify as to the correctness of the facts entered

8 on the violation notice by signing his or her name to the

9 notice at the time of service or~~,~~ in the case of a notice

10 produced by a computerized device, by signing a single

11 certificate to be kept by the traffic compliance

12 administrator attesting to the correctness of all notices

13 produced by the device while it was under his or her

14 control. In the case of an automated traffic law

15 violation, the ordinance shall require a determination by

16 a technician employed or contracted by the municipality or

17 county that, based on inspection of recorded images, the

18 motor vehicle was being operated in violation of Section

19 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If

20 the technician determines that the vehicle entered the

21 intersection as part of a funeral procession or in order

22 to yield the right-of-way to an emergency vehicle, a

23 citation shall not be issued. In municipalities with a

24 population of less than 1,000,000 inhabitants and counties

25 with a population of less than 3,000,000 inhabitants, the

26 automated traffic law ordinance shall require that all

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1 determinations by a technician that a motor vehicle was

2 being operated in violation of Section 11-208.6, 11-208.9,

3 or 11-1201.1 or a local ordinance must be reviewed and

4 approved by a law enforcement officer or retired law

5 enforcement officer of the municipality or county issuing

6 the violation. In municipalities with a population of

7 1,000,000 or more inhabitants and counties with a

8 population of 3,000,000 or more inhabitants, the automated

9 traffic law ordinance shall require that all

10 determinations by a technician that a motor vehicle was

11 being operated in violation of Section 11-208.6, 11-208.9,

12 or 11-1201.1 or a local ordinance must be reviewed and

13 approved by a law enforcement officer or retired law

14 enforcement officer of the municipality or county issuing

15 the violation or by an additional ~~fully trained~~

16 fully-trained reviewing technician who is not employed by

17 the contractor who employs the technician who made the

18 initial determination. In the case of an automated speed

19 enforcement system violation, the ordinance shall require

20 a determination by a technician employed by the

21 municipality, based upon an inspection of recorded images,

22 video or other documentation, including documentation of

23 the speed limit and automated speed enforcement signage,

24 and documentation of the inspection, calibration, and

25 certification of the speed equipment, that the vehicle was

26 being operated in violation of Article VI of Chapter 11 of

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1 this Code or a similar local ordinance. If the technician

2 determines that the vehicle speed was not determined by a

3 calibrated, certified speed equipment device based upon

4 the speed equipment documentation, or if the vehicle was

5 an emergency vehicle, a citation may not be issued. The

6 automated speed enforcement ordinance shall require that

7 all determinations by a technician that a violation

8 occurred be reviewed and approved by a law enforcement

9 officer or retired law enforcement officer of the

10 municipality issuing the violation or by an additional

11 fully trained reviewing technician who is not employed by

12 the contractor who employs the technician who made the

13 initial determination. Routine and independent calibration

14 of the speeds produced by automated speed enforcement

15 systems and equipment shall be conducted annually by a

16 qualified technician. Speeds produced by an automated

17 speed enforcement system shall be compared with speeds

18 produced by lidar or other independent equipment. Radar or

19 lidar equipment shall undergo an internal validation test

20 no less frequently than once each week. Qualified

21 technicians shall test ~~loop-based~~ loop based equipment no

22 less frequently than once a year. Radar equipment shall be

23 checked for accuracy by a qualified technician when the

24 unit is serviced, when unusual or suspect readings

25 persist, or when deemed necessary by a reviewing

26 technician. Radar equipment shall be checked with the

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1 internal frequency generator and the internal circuit test

2 whenever the radar is turned on. Technicians must be alert

3 for any unusual or suspect readings, and if unusual or

4 suspect readings of a radar unit persist, that unit shall

5 immediately be removed from service and not returned to

6 service until it has been checked by a qualified

7 technician and determined to be functioning properly.

8 Documentation of the annual calibration results, including

9 the equipment tested, test date, technician performing the

10 test, and test results, shall be maintained and available

11 for use in the determination of an automated speed

12 enforcement system violation and issuance of a citation.

13 The technician performing the calibration and testing of

14 the automated speed enforcement equipment shall be trained

15 and certified in the use of equipment for speed

16 enforcement purposes. Training on the speed enforcement

17 equipment may be conducted by law enforcement, civilian,

18 or manufacturer's personnel and if applicable may be

19 equivalent to the equipment use and operations training

20 included in the Speed Measuring Device Operator Program

21 developed by the National Highway Traffic Safety

22 Administration (NHTSA). The vendor or technician who

23 performs the work shall keep accurate records on each

24 piece of equipment the technician calibrates and tests. As

25 used in this paragraph, "~~fully trained~~ fully-trained

26 reviewing technician" means a person who has received at

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1 least 40 hours of supervised training in subjects which

2 shall include image inspection and interpretation, the

3 elements necessary to prove a violation, license plate

4 identification, and traffic safety and management. In all

5 municipalities and counties, the automated speed

6 enforcement system or automated traffic law ordinance

7 shall require that no additional fee shall be charged to

8 the alleged violator for exercising his or her right to an

9 administrative hearing, and persons shall be given at

10 least 25 days following an administrative hearing to pay

11 any civil penalty imposed by a finding that Section

12 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar

13 local ordinance has been violated. The original or a

14 facsimile of the violation notice or, in the case of a

15 notice produced by a computerized device, a printed record

16 generated by the device showing the facts entered on the

17 notice, shall be retained by the traffic compliance

18 administrator, and shall be a record kept in the ordinary

19 course of business. A parking, standing, compliance,

20 automated speed enforcement system, or automated traffic

21 law violation notice issued, signed~~,~~and served in

22 accordance with this Section, a copy of the notice, or the

23 ~~computer-generated~~ computer generated record shall be

24 prima facie correct and shall be prima facie evidence of

25 the correctness of the facts shown on the notice. The

26 notice, copy, or ~~computer-generated~~computer generated

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1 record shall be admissible in any subsequent

2 administrative or legal proceedings.

3 (4) An opportunity for a hearing for the registered

4 owner of the vehicle cited in the parking, standing,

5 compliance, automated speed enforcement system, or

6 automated traffic law violation notice in which the owner

7 may contest the merits of the alleged violation, and

8 during which formal or technical rules of evidence shall

9 not apply; provided, however, that under Section 11-1306

10 of this Code the lessee of a vehicle cited in the violation

11 notice likewise shall be provided an opportunity for a

12 hearing of the same kind afforded the registered owner.

13 The hearings shall be recorded, and the person conducting

14 the hearing on behalf of the traffic compliance

15 administrator shall be empowered to administer oaths and

16 to secure by subpoena both the attendance and testimony of

17 witnesses and the production of relevant books and papers.

18 Persons appearing at a hearing under this Section may be

19 represented by counsel at their expense. The ordinance may

20 also provide for internal administrative review following

21 the decision of the hearing officer.

22 (5) Service of additional notices, sent by first class

23 United States mail, postage prepaid, to the address of the

24 registered owner of the cited vehicle as recorded with the

25 Secretary of State or, if any notice to that address is

26 returned as undeliverable, to the last known address

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1 recorded in a United States Post Office approved database,

2 or, under Section 11-1306 or subsection (p) of Section

3 11-208.6 or 11-208.9, or subsection (p) of Section

4 11-208.8 of this Code, to the lessee of the cited vehicle

5 at the last address known to the lessor of the cited

6 vehicle at the time of lease or, if any notice to that

7 address is returned as undeliverable, to the last known

8 address recorded in a United States Post Office approved

9 database. The service shall be deemed complete as of the

10 date of deposit in the United States mail. The notices

11 shall be in the following sequence and shall include~~,~~ but

12 not be limited to~~,~~ the information specified herein:

13 (i) A second notice of parking, standing, or

14 compliance violation if the first notice of the

15 violation was issued by affixing the original or a

16 facsimile of the notice to the unlawfully parked

17 vehicle or by handing the notice to the operator. This

18 notice shall specify or include the date and location

19 of the violation cited in the parking, standing, or

20 compliance violation notice, the particular regulation

21 violated, the vehicle make or a photograph of the

22 vehicle, the state registration number of the vehicle,

23 any requirement to complete a traffic education

24 program, the fine and any penalty that may be assessed

25 for late payment or failure to complete a traffic

26 education program, or both, when so provided by

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1 ordinance, the availability of a hearing in which the

2 violation may be contested on its merits, and the time

3 and manner in which the hearing may be had. The notice

4 of violation shall also state that failure to complete

5 a required traffic education program, to pay the

6 indicated fine and any applicable penalty, or to

7 appear at a hearing on the merits in the time and

8 manner specified, will result in a final determination

9 of violation liability for the cited violation in the

10 amount of the fine or penalty indicated, and that,

11 upon the occurrence of a final determination of

12 violation liability for the failure, and the

13 exhaustion of, or failure to exhaust, available

14 administrative or judicial procedures for review, any

15 incomplete traffic education program or any unpaid

16 fine or penalty, or both, will constitute a debt due

17 and owing the municipality or county.

18 (ii) A notice of final determination of parking,

19 standing, compliance, automated speed enforcement

20 system, or automated traffic law violation liability.

21 This notice shall be sent following a final

22 determination of parking, standing, compliance,

23 automated speed enforcement system, or automated

24 traffic law violation liability and the conclusion of

25 judicial review procedures taken under this Section.

26 The notice shall state that the incomplete traffic

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1 education program or the unpaid fine or penalty, or

2 both, is a debt due and owing the municipality or

3 county. The notice shall contain warnings that failure

4 to complete any required traffic education program or

5 to pay any fine or penalty due and owing the

6 municipality or county, or both, within the time

7 specified may result in the municipality's or county's

8 filing of a petition in the Circuit Court to have the

9 incomplete traffic education program or unpaid fine or

10 penalty, or both, rendered a judgment as provided by

11 this Section, or, where applicable, may result in

12 suspension of the person's ~~driver's~~ drivers license

13 for failure to complete a traffic education program.

14 or to pay fines or penalties, or both, for 5 or more

15 automated traffic law violations under Section

16 11-208.6 or 11-208.9 or automated speed enforcement

17 system violations under Section 11-208.8

18 (6) A notice of impending ~~driver's~~ drivers license

19 suspension. This notice shall be sent to the person liable

20 for failure to complete a required traffic education

21 program or to pay any fine or penalty that remains due and

22 owing, or both, on 5 or more unpaid automated speed

23 enforcement system or automated traffic law violations.

24 The notice shall state that failure to complete a required

25 traffic education program or to pay the fine or penalty

26 owing, or both,within 45 days of the notice's date will

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1 result in the municipality or county notifying the

2 Secretary of State that the person is eligible for

3 initiation of suspension proceedings under Section 6-306.5

4 of this Code. The notice shall also state that the person

5 may obtain a photostatic copy of an original ticket

6 imposing a fine or penalty by sending a~~self-addressed~~

7 self addressed, stamped envelope to the municipality or

8 county along with a request for the photostatic copy. The

9 notice of impending ~~driver's~~drivers license suspension

10 shall be sent by first class United States mail, postage

11 prepaid, to the address recorded with the Secretary of

12 State or, if any notice to that address is returned as

13 undeliverable, to the last known address recorded in a

14 United States Post Office approved database.

15 (7) Final determinations of violation liability. A

16 final determination of violation liability shall occur

17 following failure to complete the required traffic

18 education program or to pay the fine or penalty, or both,

19 after a hearing officer's determination of violation

20 liability and the exhaustion of or failure to exhaust any

21 administrative review procedures provided by ordinance.

22 Where a person fails to appear at a hearing to contest the

23 alleged violation in the time and manner specified in a

24 prior mailed notice, the hearing officer's determination

25 of violation liability shall become final: (A) upon denial

26 of a timely petition to set aside that determination, or

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1 (B) upon expiration of the period for filing the petition

2 without a filing having been made.

3 (8) A petition to set aside a determination of

4 parking, standing, compliance, automated speed enforcement

5 system, or automated traffic law violation liability that

6 may be filed by a person owing an unpaid fine or penalty. A

7 petition to set aside a determination of liability may

8 also be filed by a person required to complete a traffic

9 education program. The petition shall be filed with and

10 ruled upon by the traffic compliance administrator in the

11 manner and within the time specified by ordinance. The

12 grounds for the petition may be limited to: (A) the person

13 not having been the owner or lessee of the cited vehicle on

14 the date the violation notice was issued, (B) the person

15 having already completed the required traffic education

16 program or paid the fine or penalty, or both, for the

17 violation in question, and (C) excusable failure to appear

18 at or request a new date for a hearing. With regard to

19 municipalities or counties with a population of 1 million

20 or more, it shall be grounds for dismissal of a parking

21 violation if the state registration number or vehicle

22 make, only if specified in the violation notice, is

23 incorrect. After the determination of parking, standing,

24 compliance, automated speed enforcement system, or

25 automated traffic law violation liability has been set

26 aside upon a showing of just cause, the registered owner

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1 shall be provided with a hearing on the merits for that

2 violation.

3 (9) Procedures for non-residents. Procedures by which

4 persons who are not residents of the municipality or

5 county may contest the merits of the alleged violation

6 without attending a hearing.

7 (10) A schedule of civil fines for violations of

8 vehicular standing, parking, compliance, automated speed

9 enforcement system, or automated traffic law regulations

10 enacted by ordinance pursuant to this Section, and a

11 schedule of penalties for late payment of the fines or

12 failure to complete required traffic education programs,

13 provided, however, that the total amount of the fine and

14 penalty for any one violation shall not exceed $250,

15 except as provided in subsection (c) of Section 11-1301.3

16 of this Code.

17 (11) Other provisions as are necessary and proper to

18 carry into effect the powers granted and purposes stated

19 in this Section.

20 (c) Any municipality or county establishing vehicular

21 standing, parking, compliance, automated speed enforcement

22 system, or automated traffic law regulations under this

23 Section may also provide by ordinance for a program of vehicle

24 immobilization for the purpose of facilitating enforcement of

25 those regulations. The program of vehicle immobilization shall

26 provide for immobilizing any eligible vehicle upon the public

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1 way by presence of a restraint in a manner to prevent operation

2 of the vehicle. Any ordinance establishing a program of

3 vehicle immobilization under this Section shall provide:

4 (1) Criteria for the designation of vehicles eligible

5 for immobilization. A vehicle shall be eligible for

6 immobilization when the registered owner of the vehicle

7 has accumulated the number of incomplete traffic education

8 programs or unpaid final determinations of parking,

9 standing, compliance, automated speed enforcement system,

10 or automated traffic law violation liability, or both, as

11 determined by ordinance.

12 (2) A notice of impending vehicle immobilization and a

13 right to a hearing to challenge the validity of the notice

14 by disproving liability for the incomplete traffic

15 education programs or unpaid final determinations of

16 parking, standing, compliance, automated speed enforcement

17 system, or automated traffic law violation liability, or

18 both, listed on the notice.

19 (3) The right to a prompt hearing after a vehicle has

20 been immobilized or subsequently towed without the

21 completion of the required traffic education program or

22 payment of the outstanding fines and penalties on parking,

23 standing, compliance, automated speed enforcement system,

24 or automated traffic law violations, or both, for which

25 final determinations have been issued. An order issued

26 after the hearing is a final administrative decision

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1 within the meaning of Section 3-101 of the Code of Civil

2 Procedure.

3 (4) A post immobilization and post-towing notice

4 advising the registered owner of the vehicle of the right

5 to a hearing to challenge the validity of the impoundment.

6 (d) Judicial review of final determinations of parking,

7 standing, compliance, automated speed enforcement system, or

8 automated traffic law violations and final administrative

9 decisions issued after hearings regarding vehicle

10 immobilization and impoundment made under this Section shall

11 be subject to the provisions of the Administrative Review Law.

12 (e) Any fine, penalty, incomplete traffic education

13 program, or part of any fine or any penalty remaining unpaid

14 after the exhaustion of, or the failure to exhaust,

15 administrative remedies created under this Section and the

16 conclusion of any judicial review procedures shall be a debt

17 due and owing the municipality or county and, as such, may be

18 collected in accordance with applicable law. Completion of any

19 required traffic education program and payment in full of any

20 fine or penalty resulting from a standing, parking,

21 compliance, automated speed enforcement system, or automated

22 traffic law violation shall constitute a final disposition of

23 that violation.

24 (f) After the expiration of the period within which

25 judicial review may be sought for a final determination of

26 parking, standing, compliance, automated speed enforcement

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1 system, or automated traffic law violation, the municipality

2 or county may commence a proceeding in the Circuit Court for

3 purposes of obtaining a judgment on the final determination of

4 violation. Nothing in this Section shall prevent a

5 municipality or county from consolidating multiple final

6 determinations of parking, standing, compliance, automated

7 speed enforcement system, or automated traffic law violations

8 against a person in a proceeding. Upon commencement of the

9 action, the municipality or county shall file a certified copy

10 or record of the final determination of parking, standing,

11 compliance, automated speed enforcement system, or automated

12 traffic law violation, which shall be accompanied by a

13 certification that recites facts sufficient to show that the

14 final determination of violation was issued in accordance with

15 this Section and the applicable municipal or county ordinance.

16 Service of the summons and a copy of the petition may be by any

17 method provided by Section 2-203 of the Code of Civil

18 Procedure or by certified mail, return receipt requested,

19 provided that the total amount of fines and penalties for

20 final determinations of parking, standing, compliance,

21 automated speed enforcement system, or automated traffic law

22 violations does not exceed $2500. If the court is satisfied

23 that the final determination of parking, standing, compliance,

24 automated speed enforcement system, or automated traffic law

25 violation was entered in accordance with the requirements of

26 this Section and the applicable municipal or county ordinance,

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1 and that the registered owner or the lessee, as the case may

2 be, had an opportunity for an administrative hearing and for

3 judicial review as provided in this Section, the court shall

4 render judgment in favor of the municipality or county and

5 against the registered owner or the lessee for the amount

6 indicated in the final determination of parking, standing,

7 compliance, automated speed enforcement system, or automated

8 traffic law violation, plus costs. The judgment shall have the

9 same effect and may be enforced in the same manner as other

10 judgments for the recovery of money.

11 (g) The fee for participating in a traffic education

12 program under this Section shall not exceed $25.

13 A low-income individual required to complete a traffic

14 education program under this Section who provides proof of

15 eligibility for the federal earned income tax credit under

16 Section 32 of the Internal Revenue Code or the Illinois earned

17 income tax credit under Section 212 of the Illinois Income Tax

18 Act shall not be required to pay any fee for participating in a

19 required traffic education program.

20 (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;

21 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)

22 (625 ILCS 5/11-208.6)

23 Sec. 11-208.6. Automated traffic law enforcement system.

24 (a) As used in this Section, "automated traffic law

25 enforcement system" means a device with one or more motor

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1 vehicle sensors working in conjunction with a red light signal

2 to produce recorded images of motor vehicles entering an

3 intersection against a red signal indication in violation of

4 Section 11-306 of this Code or a similar provision of a local

5 ordinance.

6 An automated traffic law enforcement system is a system,

7 in a municipality or county operated by a governmental agency,

8 that produces a recorded image of a motor vehicle's violation

9 of a provision of this Code or a local ordinance and is

10 designed to obtain a clear recorded image of the vehicle and

11 the vehicle's license plate. The recorded image must also

12 display the time, date, and location of the violation.

13 (b) As used in this Section, "recorded images" means

14 images recorded by an automated traffic law enforcement system

15 on:

16 (1) 2 or more photographs;

17 (2) 2 or more microphotographs;

18 (3) 2 or more electronic images; or

19 (4) a video recording showing the motor vehicle and,

20 on at least one image or portion of the recording, clearly

21 identifying the registration plate or digital registration

22 plate number of the motor vehicle.

23 (b-5) A municipality or county that produces a recorded

24 image of a motor vehicle's violation of a provision of this

25 Code or a local ordinance must make the recorded images of a

26 violation accessible to the alleged violator by providing the

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1 alleged violator with a website address, accessible through

2 the Internet.

3 (c) Except as provided under Section 11-208.8 of this

4 Code, a county or municipality, including a home rule county

5 or municipality, may not use an automated traffic law

6 enforcement system to provide recorded images of a motor

7 vehicle for the purpose of recording its speed. Except as

8 provided under Section 11-208.8 of this Code, the regulation

9 of the use of automated traffic law enforcement systems to

10 record vehicle speeds is an exclusive power and function of

11 the State. This subsection (c) is a denial and limitation of

12 home rule powers and functions under subsection (h) of Section

13 6 of Article VII of the Illinois Constitution.

14 (c-5) A county or municipality, including a home rule

15 county or municipality, may not use an automated traffic law

16 enforcement system to issue violations in instances where the

17 motor vehicle comes to a complete stop and does not enter the

18 intersection, as defined by Section 1-132 of this Code, during

19 the cycle of the red signal indication unless one or more

20 pedestrians or bicyclists are present, even if the motor

21 vehicle stops at a point past a stop line or crosswalk where a

22 driver is required to stop, as specified in subsection (c) of

23 Section 11-306 of this Code or a similar provision of a local

24 ordinance.

25 (c-6) A county, or a municipality with less than 2,000,000

26 inhabitants, including a home rule county or municipality, may

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1 not use an automated traffic law enforcement system to issue

2 violations in instances where a motorcyclist enters an

3 intersection against a red signal indication when the red

4 signal fails to change to a green signal within a reasonable

5 period of time not less than 120 seconds because of a signal

6 malfunction or because the signal has failed to detect the

7 arrival of the motorcycle due to the motorcycle's size or

8 weight.

9 (d) For each violation of a provision of this Code or a

10 local ordinance recorded by an automatic traffic law

11 enforcement system, the county or municipality having

12 jurisdiction shall issue a written notice of the violation to

13 the registered owner of the vehicle as the alleged violator.

14 The notice shall be delivered to the registered owner of the

15 vehicle, by mail, within 30 days after the Secretary of State

16 notifies the municipality or county of the identity of the

17 owner of the vehicle, but in no event later than 90 days after

18 the violation.

19 The notice shall include:

20 (1) the name and address of the registered owner of

21 the vehicle;

22 (2) the registration number of the motor vehicle

23 involved in the violation;

24 (3) the violation charged;

25 (4) the location where the violation occurred;

26 (5) the date and time of the violation;

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1 (6) a copy of the recorded images;

2 (7) the amount of the civil penalty imposed and the

3 requirements of any traffic education program imposed and

4 the date by which the civil penalty should be paid and the

5 traffic education program should be completed;

6 (8) a statement that recorded images are evidence of a

7 violation of a red light signal;

8 (9) a warning that failure to pay the civil penalty,

9 to complete a required traffic education program, or to

10 contest liability in a timely manner is an admission of

11 liability and may result in a suspension of the driving

12 privileges of the registered owner of the vehicle;

13 (10) a statement that the person may elect to proceed

14 by:

15 (A) paying the fine, completing a required traffic

16 education program, or both; or

17 (B) challenging the charge in court, by mail, or

18 by administrative hearing; and

19 (11) a website address, accessible through the

20 Internet, where the person may view the recorded images of

21 the violation.

22 (e) ~~(Blank).~~ If a person charged with a traffic violation,

23 as a result of an automated traffic law enforcement system,

24 does not pay the fine or complete a required traffic education

25 program, or both, or successfully contest the civil penalty

26 resulting from that violation, the Secretary of State shall

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1 suspend the driving privileges of the registered owner of the

2 vehicle under Section 6-306.5 of this Code for failing to

3 complete a required traffic education program or to pay any

4 fine or penalty due and owing, or both, as a result of a

5 combination of 5 violations of the automated traffic law

6 enforcement system or the automated speed enforcement system

7 under Section 11-208.8 of this Code.

8 (f) Based on inspection of recorded images produced by an

9 automated traffic law enforcement system, a notice alleging

10 that the violation occurred shall be evidence of the facts

11 contained in the notice and admissible in any proceeding

12 alleging a violation under this Section.

13 (g) Recorded images made by an automatic traffic law

14 enforcement system are confidential and shall be made

15 available only to the alleged violator and governmental and

16 law enforcement agencies for purposes of adjudicating a

17 violation of this Section, for statistical purposes, or for

18 other governmental purposes. Any recorded image evidencing a

19 violation of this Section, however, may be admissible in any

20 proceeding resulting from the issuance of the citation.

21 (h) The court or hearing officer may consider in defense

22 of a violation:

23 (1) that the motor vehicle or registration plates or

24 digital registration plates of the motor vehicle were

25 stolen before the violation occurred and not under the

26 control of or in the possession of the owner at the time of

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1 the violation;

2 (2) that the driver of the vehicle passed through the

3 intersection when the light was red either (i) in order to

4 yield the right-of-way to an emergency vehicle or (ii) as

5 part of a funeral procession; and

6 (3) any other evidence or issues provided by municipal

7 or county ordinance.

8 (i) To demonstrate that the motor vehicle or the

9 registration plates or digital registration plates were stolen

10 before the violation occurred and were not under the control

11 or possession of the owner at the time of the violation, the

12 owner must submit proof that a report concerning the stolen

13 motor vehicle or registration plates was filed with a law

14 enforcement agency in a timely manner.

15 (j) Unless the driver of the motor vehicle received a

16 Uniform Traffic Citation from a police officer at the time of

17 the violation, the motor vehicle owner is subject to a civil

18 penalty not exceeding $100 or the completion of a traffic

19 education program, or both, plus an additional penalty of not

20 more than $100 for failure to pay the original penalty or to

21 complete a required traffic education program, or both, in a

22 timely manner, if the motor vehicle is recorded by an

23 automated traffic law enforcement system. A violation for

24 which a civil penalty is imposed under this Section is not a

25 violation of a traffic regulation governing the movement of

26 vehicles and may not be recorded on the driving record of the

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1 owner of the vehicle.

2 (j-3) A registered owner who is a holder of a valid

3 commercial driver's license is not required to complete a

4 traffic education program.

5 (j-5) For purposes of the required traffic education

6 program only, a registered owner may submit an affidavit to

7 the court or hearing officer swearing that at the time of the

8 alleged violation, the vehicle was in the custody and control

9 of another person. The affidavit must identify the person in

10 custody and control of the vehicle, including the person's

11 name and current address. The person in custody and control of

12 the vehicle at the time of the violation is required to

13 complete the required traffic education program. If the person

14 in custody and control of the vehicle at the time of the

15 violation completes the required traffic education program,

16 the registered owner of the vehicle is not required to

17 complete a traffic education program.

18 (k) An intersection equipped with an automated traffic law

19 enforcement system must be posted with a sign visible to

20 approaching traffic indicating that the intersection is being

21 monitored by an automated traffic law enforcement system.

22 (k-3) A municipality or county that has one or more

23 intersections equipped with an automated traffic law

24 enforcement system must provide notice to drivers by posting

25 the locations of automated traffic law systems on the

26 municipality or county website.

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1 (k-5) An intersection equipped with an automated traffic

2 law enforcement system must have a yellow change interval that

3 conforms with the Illinois Manual on Uniform Traffic Control

4 Devices (IMUTCD) published by the Illinois Department of

5 Transportation.

6 (k-7) A municipality or county operating an automated

7 traffic law enforcement system shall conduct a statistical

8 analysis to assess the safety impact of each automated traffic

9 law enforcement system at an intersection following

10 installation of the system. The statistical analysis shall be

11 based upon the best available crash, traffic, and other data,

12 and shall cover a period of time before and after installation

13 of the system sufficient to provide a statistically valid

14 comparison of safety impact. The statistical analysis shall be

15 consistent with professional judgment and acceptable industry

16 practice. The statistical analysis also shall be consistent

17 with the data required for valid comparisons of before and

18 after conditions and shall be conducted within a reasonable

19 period following the installation of the automated traffic law

20 enforcement system. The statistical analysis required by this

21 subsection (k-7) shall be made available to the public and

22 shall be published on the website of the municipality or

23 county. If the statistical analysis for the 36 month period

24 following installation of the system indicates that there has

25 been an increase in the rate of accidents at the approach to

26 the intersection monitored by the system, the municipality or

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1 county shall undertake additional studies to determine the

2 cause and severity of the accidents, and may take any action

3 that it determines is necessary or appropriate to reduce the

4 number or severity of the accidents at that intersection.

5 (l) The compensation paid for an automated traffic law

6 enforcement system must be based on the value of the equipment

7 or the services provided and may not be based on the number of

8 traffic citations issued or the revenue generated by the

9 system.

10 (m) This Section applies only to the counties of Cook,

11 DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and

12 to municipalities located within those counties.

13 (n) The fee for participating in a traffic education

14 program under this Section shall not exceed $25.

15 A low-income individual required to complete a traffic

16 education program under this Section who provides proof of

17 eligibility for the federal earned income tax credit under

18 Section 32 of the Internal Revenue Code or the Illinois earned

19 income tax credit under Section 212 of the Illinois Income Tax

20 Act shall not be required to pay any fee for participating in a

21 required traffic education program.

22 (o) ~~(Blank).~~ A municipality or county shall make a

23 certified report to the Secretary of State pursuant to Section

24 6-306.5 of this Code whenever a registered owner of a vehicle

25 has failed to pay any fine or penalty due and owing as a result

26 of a combination of 5 offenses for automated traffic law or

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1 speed enforcement system violations.

2 (p) No person who is the lessor of a motor vehicle pursuant

3 to a written lease agreement shall be liable for an automated

4 speed or traffic law enforcement system violation involving

5 such motor vehicle during the period of the lease; provided

6 that upon the request of the appropriate authority received

7 within 120 days after the violation occurred, the lessor

8 provides within 60 days after such receipt the name and

9 address of the lessee. The drivers license number of a lessee

10 may be subsequently individually requested by the appropriate

11 authority if needed for enforcement of this Section.

12 Upon the provision of information by the lessor pursuant

13 to this subsection, the county or municipality may issue the

14 violation to the lessee of the vehicle in the same manner as it

15 would issue a violation to a registered owner of a vehicle

16 pursuant to this Section, and the lessee may be held liable for

17 the violation.

18 (Source: P.A. 101-395, eff. 8-16-19; 101-652.)

19 (625 ILCS 5/11-208.8)

20 Sec. 11-208.8. Automated speed enforcement systems in

21 safety zones.

22 (a) As used in this Section:

23 "Automated speed enforcement system" means a photographic

24 device, radar device, laser device, or other electrical or

25 mechanical device or devices installed or utilized in a safety

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1 zone and designed to record the speed of a vehicle and obtain a

2 clear photograph or other recorded image of the vehicle and

3 the vehicle's registration plate or digital registration plate

4 while the driver is violating Article VI of Chapter 11 of this

5 Code or a similar provision of a local ordinance.

6 An automated speed enforcement system is a system, located

7 in a safety zone which is under the jurisdiction of a

8 municipality, that produces a recorded image of a motor

9 vehicle's violation of a provision of this Code or a local

10 ordinance and is designed to obtain a clear recorded image of

11 the vehicle and the vehicle's license plate. The recorded

12 image must also display the time, date, and location of the

13 violation.

14 "Owner" means the person or entity to whom the vehicle is

15 registered.

16 "Recorded image" means images recorded by an automated

17 speed enforcement system on:

18 (1) 2 or more photographs;

19 (2) 2 or more microphotographs;

20 (3) 2 or more electronic images; or

21 (4) a video recording showing the motor vehicle and,

22 on at least one image or portion of the recording, clearly

23 identifying the registration plate or digital registration

24 plate number of the motor vehicle.

25 "Safety zone" means an area that is within one-eighth of a

26 mile from the nearest property line of any public or private

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1 elementary or secondary school, or from the nearest property

2 line of any facility, area, or land owned by a school district

3 that is used for educational purposes approved by the Illinois

4 State Board of Education, not including school district

5 headquarters or administrative buildings. A safety zone also

6 includes an area that is within one-eighth of a mile from the

7 nearest property line of any facility, area, or land owned by a

8 park district used for recreational purposes. However, if any

9 portion of a roadway is within either one-eighth mile radius,

10 the safety zone also shall include the roadway extended to the

11 furthest portion of the next furthest intersection. The term

12 "safety zone" does not include any portion of the roadway

13 known as Lake Shore Drive or any controlled access highway

14 with 8 or more lanes of traffic.

15 (a-5) The automated speed enforcement system shall be

16 operational and violations shall be recorded only at the

17 following times:

18 (i) if the safety zone is based upon the property line

19 of any facility, area, or land owned by a school district,

20 only on school days and no earlier than 6 a.m. and no later

21 than 8:30 p.m. if the school day is during the period of

22 Monday through Thursday, or 9 p.m. if the school day is a

23 Friday; and

24 (ii) if the safety zone is based upon the property

25 line of any facility, area, or land owned by a park

26 district, no earlier than one hour prior to the time that

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1 the facility, area, or land is open to the public or other

2 patrons, and no later than one hour after the facility,

3 area, or land is closed to the public or other patrons.

4 (b) A municipality that produces a recorded image of a

5 motor vehicle's violation of a provision of this Code or a

6 local ordinance must make the recorded images of a violation

7 accessible to the alleged violator by providing the alleged

8 violator with a website address, accessible through the

9 Internet.

10 (c) Notwithstanding any penalties for any other violations

11 of this Code, the owner of a motor vehicle used in a traffic

12 violation recorded by an automated speed enforcement system

13 shall be subject to the following penalties:

14 (1) if the recorded speed is no less than 6 miles per

15 hour and no more than 10 miles per hour over the legal

16 speed limit, a civil penalty not exceeding $50, plus an

17 additional penalty of not more than $50 for failure to pay

18 the original penalty in a timely manner; or

19 (2) if the recorded speed is more than 10 miles per

20 hour over the legal speed limit, a civil penalty not

21 exceeding $100, plus an additional penalty of not more

22 than $100 for failure to pay the original penalty in a

23 timely manner.

24 A penalty may not be imposed under this Section if the

25 driver of the motor vehicle received a Uniform Traffic

26 Citation from a police officer for a speeding violation

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1 occurring within one-eighth of a mile and 15 minutes of the

2 violation that was recorded by the system. A violation for

3 which a civil penalty is imposed under this Section is not a

4 violation of a traffic regulation governing the movement of

5 vehicles and may not be recorded on the driving record of the

6 owner of the vehicle. A law enforcement officer is not

7 required to be present or to witness the violation. No penalty

8 may be imposed under this Section if the recorded speed of a

9 vehicle is 5 miles per hour or less over the legal speed limit.

10 The municipality may send, in the same manner that notices are

11 sent under this Section, a speed violation warning notice

12 where the violation involves a speed of 5 miles per hour or

13 less above the legal speed limit.

14 (d) The net proceeds that a municipality receives from

15 civil penalties imposed under an automated speed enforcement

16 system, after deducting all non-personnel and personnel costs

17 associated with the operation and maintenance of such system,

18 shall be expended or obligated by the municipality for the

19 following purposes:

20 (i) public safety initiatives to ensure safe passage

21 around schools, and to provide police protection and

22 surveillance around schools and parks, including but not

23 limited to: (1) personnel costs; and (2) non-personnel

24 costs such as construction and maintenance of public

25 safety infrastructure and equipment;

26 (ii) initiatives to improve pedestrian and traffic

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1 safety;

2 (iii) construction and maintenance of infrastructure

3 within the municipality, including but not limited to

4 roads and bridges; and

5 (iv) after school programs.

6 (e) For each violation of a provision of this Code or a

7 local ordinance recorded by an automated speed enforcement

8 system, the municipality having jurisdiction shall issue a

9 written notice of the violation to the registered owner of the

10 vehicle as the alleged violator. The notice shall be delivered

11 to the registered owner of the vehicle, by mail, within 30 days

12 after the Secretary of State notifies the municipality of the

13 identity of the owner of the vehicle, but in no event later

14 than 90 days after the violation.

15 (f) The notice required under subsection (e) of this

16 Section shall include:

17 (1) the name and address of the registered owner of

18 the vehicle;

19 (2) the registration number of the motor vehicle

20 involved in the violation;

21 (3) the violation charged;

22 (4) the date, time, and location where the violation

23 occurred;

24 (5) a copy of the recorded image or images;

25 (6) the amount of the civil penalty imposed and the

26 date by which the civil penalty should be paid;

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1 (7) a statement that recorded images are evidence of a

2 violation of a speed restriction;

3 (8) a warning that failure to pay the civil penalty or

4 to contest liability in a timely manner is an admission of

5 liability and may result in a suspension of the driving

6 privileges of the registered owner of the vehicle;

7 (9) a statement that the person may elect to proceed

8 by:

9 (A) paying the fine; or

10 (B) challenging the charge in court, by mail, or

11 by administrative hearing; and

12 (10) a website address, accessible through the

13 Internet, where the person may view the recorded images of

14 the violation.

15 (g) ~~(Blank).~~ If a person charged with a traffic violation,

16 as a result of an automated speed enforcement system, does not

17 pay the fine or successfully contest the civil penalty

18 resulting from that violation, the Secretary of State shall

19 suspend the driving privileges of the registered owner of the

20 vehicle under Section 6-306.5 of this Code for failing to pay

21 any fine or penalty due and owing, or both, as a result of a

22 combination of 5 violations of the automated speed enforcement

23 system or the automated traffic law under Section 11-208.6 of

24 this Code.

25 (h) Based on inspection of recorded images produced by an

26 automated speed enforcement system, a notice alleging that the

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1 violation occurred shall be evidence of the facts contained in

2 the notice and admissible in any proceeding alleging a

3 violation under this Section.

4 (i) Recorded images made by an automated speed enforcement

5 system are confidential and shall be made available only to

6 the alleged violator and governmental and law enforcement

7 agencies for purposes of adjudicating a violation of this

8 Section, for statistical purposes, or for other governmental

9 purposes. Any recorded image evidencing a violation of this

10 Section, however, may be admissible in any proceeding

11 resulting from the issuance of the citation.

12 (j) The court or hearing officer may consider in defense

13 of a violation:

14 (1) that the motor vehicle or registration plates or

15 digital registration plates of the motor vehicle were

16 stolen before the violation occurred and not under the

17 control or in the possession of the owner at the time of

18 the 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 or the

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1 registration plates or digital registration plates were stolen

2 before the violation occurred and were not under the control

3 or possession of the owner at the time of the violation, the

4 owner must submit proof that a report concerning the stolen

5 motor vehicle or registration plates was filed with a law

6 enforcement agency in a timely manner.

7 (l) A roadway equipped with an automated speed enforcement

8 system shall be posted with a sign conforming to the national

9 Manual on Uniform Traffic Control Devices that is visible to

10 approaching traffic stating that vehicle speeds are being

11 photo-enforced and indicating the speed limit. The

12 municipality shall install such additional signage as it

13 determines is necessary to give reasonable notice to drivers

14 as to where automated speed enforcement systems are installed.

15 (m) A roadway where a new automated speed enforcement

16 system is installed shall be posted with signs providing 30

17 days notice of the use of a new automated speed enforcement

18 system prior to the issuance of any citations through the

19 automated speed enforcement system.

20 (n) The compensation paid for an automated speed

21 enforcement system must be based on the value of the equipment

22 or the services provided and may not be based on the number of

23 traffic citations issued or the revenue generated by the

24 system.

25 (o) ~~(Blank).~~ A municipality shall make a certified report

26 to the Secretary of State pursuant to Section 6-306.5 of this

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1 Code whenever a registered owner of a vehicle has failed to pay

2 any fine or penalty due and owing as a result of a combination

3 of 5 offenses for automated speed or traffic law enforcement

4 system violations.

5 (p) No person who is the lessor of a motor vehicle pursuant

6 to a written lease agreement shall be liable for an automated

7 speed or traffic law enforcement system violation involving

8 such motor vehicle during the period of the lease; provided

9 that upon the request of the appropriate authority received

10 within 120 days after the violation occurred, the lessor

11 provides within 60 days after such receipt the name and

12 address of the lessee. The drivers license number of a lessee

13 may be subsequently individually requested by the appropriate

14 authority if needed for enforcement of this Section.

15 Upon the provision of information by the lessor pursuant

16 to this subsection, the municipality may issue the violation

17 to the lessee of the vehicle in the same manner as it would

18 issue a violation to a registered owner of a vehicle pursuant

19 to this Section, and the lessee may be held liable for the

20 violation.

21 (q) A municipality using an automated speed enforcement

22 system must provide notice to drivers by publishing the

23 locations of all safety zones where system equipment is

24 installed on the website of the municipality.

25 (r) A municipality operating an automated speed

26 enforcement system shall conduct a statistical analysis to

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1 assess the safety impact of the system. The 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. The

6 statistical analysis shall be consistent with professional

7 judgment and acceptable industry practice. The statistical

8 analysis also shall be consistent with the data required for

9 valid comparisons of before and after conditions and shall be

10 conducted within a reasonable period following the

11 installation of the automated traffic law enforcement system.

12 The statistical analysis required by this subsection shall be

13 made available to the public and shall be published on the

14 website of the municipality.

15 (s) This Section applies only to municipalities with a

16 population of 1,000,000 or more inhabitants.

17 (Source: P.A. 101-395, eff. 8-16-19; 101-652.)

18 (625 ILCS 5/11-208.9)

19 Sec. 11-208.9. Automated traffic law enforcement system;

20 approaching, overtaking, and passing a school bus.

21 (a) As used in this Section, "automated traffic law

22 enforcement system" means a device with one or more motor

23 vehicle sensors working in conjunction with the visual signals

24 on a school bus, as specified in Sections 12-803 and 12-805 of

25 this Code, to produce recorded images of motor vehicles that

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1 fail to stop before meeting or overtaking, from either

2 direction, any school bus stopped at any location for the

3 purpose of receiving or discharging pupils in violation of

4 Section 11-1414 of this Code or a similar provision of a local

5 ordinance.

6 An automated traffic law enforcement system is a system,

7 in a municipality or county operated by a governmental agency,

8 that produces a recorded image of a motor vehicle's violation

9 of a provision of this Code or a local ordinance and is

10 designed to obtain a clear recorded image of the vehicle and

11 the vehicle's license plate. The recorded image must also

12 display the time, date, and location of the violation.

13 (b) As used in this Section, "recorded images" means

14 images recorded by an automated traffic law enforcement system

15 on:

16 (1) 2 or more photographs;

17 (2) 2 or more microphotographs;

18 (3) 2 or more electronic images; or

19 (4) a video recording showing the motor vehicle and,

20 on at least one image or portion of the recording, clearly

21 identifying the registration plate or digital registration

22 plate number of the motor vehicle.

23 (c) A municipality or county that produces a recorded

24 image of a motor vehicle's violation of a provision of this

25 Code or a local ordinance must make the recorded images of a

26 violation accessible to the alleged violator by providing the

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1 alleged violator with a website address, accessible through

2 the Internet.

3 (d) For each violation of a provision of this Code or a

4 local ordinance recorded by an automated traffic law

5 enforcement system, the county or municipality having

6 jurisdiction shall issue a written notice of the violation to

7 the registered owner of the vehicle as the alleged violator.

8 The notice shall be delivered to the registered owner of the

9 vehicle, by mail, within 30 days after the Secretary of State

10 notifies the municipality or county of the identity of the

11 owner of the vehicle, but in no event later than 90 days after

12 the violation.

13 (e) The notice required under subsection (d) shall

14 include:

15 (1) the name and address of the registered owner of

16 the vehicle;

17 (2) the registration number of the motor vehicle

18 involved in the violation;

19 (3) the violation charged;

20 (4) the location where the violation occurred;

21 (5) the date and time of the violation;

22 (6) a copy of the recorded images;

23 (7) the amount of the civil penalty imposed and the

24 date by which the civil penalty should be paid;

25 (8) a statement that recorded images are evidence of a

26 violation of overtaking or passing a school bus stopped

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1 for the purpose of receiving or discharging pupils;

2 (9) a warning that failure to pay the civil penalty or

3 to contest liability in a timely manner is an admission of

4 liability and may result in a suspension of the driving

5 privileges of the registered owner of the vehicle;

6 (10) a statement that the person may elect to proceed

7 by:

8 (A) paying the fine; or

9 (B) challenging the charge in court, by mail, or

10 by administrative hearing; and

11 (11) a website address, accessible through the

12 Internet, where the person may view the recorded images of

13 the violation.

14 (f) ~~(Blank).~~ If a person charged with a traffic violation,

15 as a result of an automated traffic law enforcement system

16 under this Section, does not pay the fine or successfully

17 contest the civil penalty resulting from that violation, the

18 Secretary of State shall suspend the driving privileges of the

19 registered owner of the vehicle under Section 6-306.5 of this

20 Code for failing to pay any fine or penalty due and owing as a

21 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

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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 at the time of

17 the violation;

18 (2) that the driver of the motor vehicle received a

19 Uniform Traffic Citation from a police officer for a

20 violation of Section 11-1414 of this Code within

21 one-eighth of a mile and 15 minutes of the violation that

22 was recorded by the system;

23 (3) that the visual signals required by Sections

24 12-803 and 12-805 of this Code were damaged, not

25 activated, not present in violation of Sections 12-803 and

26 12-805, or inoperable; and

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1 (4) any other evidence or issues provided by municipal

2 or county ordinance.

3 (j) To demonstrate that the motor vehicle or the

4 registration plates or digital registration plates were stolen

5 before the violation occurred and were not under the control

6 or possession of the owner at the time of the violation, the

7 owner must submit proof that a report concerning the stolen

8 motor vehicle or registration plates was filed with a law

9 enforcement agency in a timely manner.

10 (k) Unless the driver of the motor vehicle received a

11 Uniform Traffic Citation from a police officer at the time of

12 the violation, the motor vehicle owner is subject to a civil

13 penalty not exceeding $150 for a first time violation or $500

14 for a second or subsequent violation, plus an additional

15 penalty of not more than $100 for failure to pay the original

16 penalty in a timely manner, if the motor vehicle is recorded by

17 an automated traffic law enforcement system. A violation for

18 which a civil penalty is imposed under this Section is not a

19 violation of a traffic regulation governing the movement of

20 vehicles and may not be recorded on the driving record of the

21 owner of the vehicle, but may be recorded by the municipality

22 or county for the purpose of determining if a person is subject

23 to the higher fine for a second or subsequent offense.

24 (l) A school bus equipped with an automated traffic law

25 enforcement system must be posted with a sign indicating that

26 the school bus is being monitored by an automated traffic law

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1 enforcement system.

2 (m) A municipality or county that has one or more school

3 buses equipped with an automated traffic law enforcement

4 system must provide notice to drivers by posting a list of

5 school districts using school buses equipped with an automated

6 traffic law enforcement system on the municipality or county

7 website. School districts that have one or more school buses

8 equipped with an automated traffic law enforcement system must

9 provide notice to drivers by posting that information on their

10 websites.

11 (n) A municipality or county operating an automated

12 traffic law enforcement system shall conduct a statistical

13 analysis to assess the safety impact in each school district

14 using school buses equipped with an automated traffic law

15 enforcement system following installation of the system. The

16 statistical analysis shall be based upon the best available

17 crash, traffic, and other data, and shall cover a period of

18 time before and after installation of the system sufficient to

19 provide a statistically valid comparison of safety impact. The

20 statistical analysis shall be consistent with professional

21 judgment and acceptable industry practice. The statistical

22 analysis also shall be consistent with the data required for

23 valid comparisons of before and after conditions and shall be

24 conducted within a reasonable period following the

25 installation of the automated traffic law enforcement system.

26 The statistical analysis required by this subsection shall be

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1 made available to the public and shall be published on the

2 website of the municipality or county. If the statistical

3 analysis for the 36-month period following installation of the

4 system indicates that there has been an increase in the rate of

5 accidents at the approach to school buses monitored by the

6 system, the municipality or county shall undertake additional

7 studies to determine the cause and severity of the accidents,

8 and may take any action that it determines is necessary or

9 appropriate to reduce the number or severity of the accidents

10 involving school buses equipped with an automated traffic law

11 enforcement system.

12 (o) The compensation paid for an automated traffic law

13 enforcement system must be based on the value of the equipment

14 or the services provided and may not be based on the number of

15 traffic citations issued or the revenue generated by the

16 system.

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 drivers license number of a lessee

25 may be subsequently individually requested by the appropriate

26 authority if needed for enforcement of this Section.

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1 Upon the provision of information by the lessor pursuant

2 to this subsection, the county or municipality may issue the

3 violation to the lessee of the vehicle in the same manner as it

4 would issue a violation to a registered owner of a vehicle

5 pursuant to this Section, and the lessee may be held liable for

6 the violation.

7 (q) ~~(Blank).~~ A municipality or county shall make a

8 certified report to the Secretary of State pursuant to Section

9 6-306.5 of this Code whenever a registered owner of a vehicle

10 has failed to pay any fine or penalty due and owing as a result

11 of a combination of 5 offenses for automated traffic law or

12 speed enforcement system violations.

13 (r) After a municipality or county enacts an ordinance

14 providing for automated traffic law enforcement systems under

15 this Section, each school district within that municipality or

16 county's jurisdiction may implement an automated traffic law

17 enforcement system under this Section. The elected school

18 board for that district must approve the implementation of an

19 automated traffic law enforcement system. The school district

20 shall be responsible for entering into a contract, approved by

21 the elected school board of that district, with vendors for

22 the installation, maintenance, and operation of the automated

23 traffic law enforcement system. The school district must enter

24 into an intergovernmental agreement, approved by the elected

25 school board of that district, with the municipality or county

26 with jurisdiction over that school district for the

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1 administration of the automated traffic law enforcement

2 system. The proceeds from a school district's automated

3 traffic law enforcement system's fines shall be divided

4 equally between the school district and the municipality or

5 county administering the automated traffic law enforcement

6 system.

7 (Source: P.A. 101-395, eff. 8-16-19; 101-652.)

8 (625 ILCS 5/11-1201.1)

9 Sec. 11-1201.1. Automated Railroad Crossing Enforcement

10 System.

11 (a) For the purposes of this Section, an automated

12 railroad grade crossing enforcement system is a system in a

13 municipality or county operated by a governmental agency that

14 produces a recorded image of a motor vehicle's violation of a

15 provision of this Code or local ordinance and is designed to

16 obtain a clear recorded image of the vehicle and vehicle's

17 license plate. The recorded image must also display the time,

18 date, and location of the violation.

19 As used in this Section, "recorded images" means images

20 recorded by an automated railroad grade crossing enforcement

21 system on:

22 (1) 2 or more photographs;

23 (2) 2 or more microphotographs;

24 (3) 2 or more electronic images; or

25 (4) a video recording showing the motor vehicle and,

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1 on at least one image or portion of the recording, clearly

2 identifying the registration plate or digital registration

3 plate number of the motor vehicle.

4 (b) The Illinois Commerce Commission may, in cooperation

5 with a local law enforcement agency, establish in any county

6 or municipality an automated railroad grade crossing

7 enforcement system at any railroad grade crossing equipped

8 with a crossing gate designated by local authorities. Local

9 authorities desiring the establishment of an automated

10 railroad crossing enforcement system must initiate the process

11 by enacting a local ordinance requesting the creation of such

12 a system. After the ordinance has been enacted, and before any

13 additional steps toward the establishment of the system are

14 undertaken, the local authorities and the Commission must

15 agree to a plan for obtaining, from any combination of

16 federal, State, and local funding sources, the moneys required

17 for the purchase and installation of any necessary equipment.

18 (b-1) (Blank.)

19 (c) For each violation of Section 11-1201 of this Code or a

20 local ordinance recorded by an automated railroad grade

21 crossing enforcement system, the county or municipality having

22 jurisdiction shall issue a written notice of the violation to

23 the registered owner of the vehicle as the alleged violator.

24 The notice shall be delivered to the registered owner of the

25 vehicle, by mail, no later than 90 days after the violation.

26 The notice shall include:

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1 (1) the name and address of the registered owner of

2 the vehicle;

3 (2) the registration number of the motor vehicle

4 involved in the violation;

5 (3) the violation charged;

6 (4) the location where the violation occurred;

7 (5) the date and time of the violation;

8 (6) a copy of the recorded images;

9 (7) the amount of the civil penalty imposed and the

10 date by which the civil penalty should be paid;

11 (8) a statement that recorded images are evidence of a

12 violation of a railroad grade crossing;

13 (9) a warning that failure to pay the civil penalty or

14 to contest liability in a timely manner is an admission of

15 liability and may result in a suspension of the driving

16 privileges of the registered owner of the vehicle; and

17 (10) a statement that the person may elect to proceed

18 by:

19 (A) paying the fine; or

20 (B) challenging the charge in court, by mail, or

21 by administrative hearing.

22 (d) ~~(Blank).~~ If a person charged with a traffic violation,

23 as a result of an automated railroad grade crossing

24 enforcement system, does not pay or successfully contest the

25 civil penalty resulting from that violation, the Secretary of

26 State shall suspend the driving privileges of the registered

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1 owner of the vehicle under Section 6-306.5 of this Code for

2 failing to pay any fine or penalty due and owing as a result of

3 5 violations of the automated railroad grade crossing

4 enforcement system.

5 (d-1) (Blank.)

6 (d-2) (Blank.)

7 (e) Based on inspection of recorded images produced by an

8 automated railroad grade crossing enforcement system, a notice

9 alleging that the violation occurred shall be evidence of the

10 facts contained in the notice and admissible in any proceeding

11 alleging a violation under this Section.

12 (e-1) Recorded images made by an automated railroad grade

13 crossing enforcement system are confidential and shall be made

14 available only to the alleged violator and governmental and

15 law enforcement agencies for purposes of adjudicating a

16 violation of this Section, for statistical purposes, or for

17 other governmental purposes. Any recorded image evidencing a

18 violation of this Section, however, may be admissible in any

19 proceeding resulting from the issuance of the citation.

20 (e-2) The court or hearing officer may consider the

21 following in the defense of a violation:

22 (1) that the motor vehicle or registration plates or

23 digital registration plates of the motor vehicle were

24 stolen before the violation occurred and not under the

25 control of or in the possession of the owner at the time of

26 the violation;

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1 (2) that the driver of the motor vehicle received a

2 Uniform Traffic Citation from a police officer at the time

3 of the violation for the same offense;

4 (3) any other evidence or issues provided by municipal

5 or county ordinance.

6 (e-3) To demonstrate that the motor vehicle or the

7 registration plates or digital registration plates were stolen

8 before the violation occurred and were not under the control

9 or possession of the owner at the time of the violation, the

10 owner must submit proof that a report concerning the stolen

11 motor vehicle or registration plates was filed with a law

12 enforcement agency in a timely manner.

13 (f) Rail crossings equipped with an automatic railroad

14 grade crossing enforcement system shall be posted with a sign

15 visible to approaching traffic stating that the railroad grade

16 crossing is being monitored, that citations will be issued,

17 and the amount of the fine for violation.

18 (g) The compensation paid for an automated railroad grade

19 crossing enforcement system must be based on the value of the

20 equipment or the services provided and may not be based on the

21 number of citations issued or the revenue generated by the

22 system.

23 (h) (Blank.)

24 (i) If any part or parts of this Section are held by a

25 court of competent jurisdiction to be unconstitutional, the

26 unconstitutionality shall not affect the validity of the

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1 remaining parts of this Section. The General Assembly hereby

2 declares that it would have passed the remaining parts of this

3 Section if it had known that the other part or parts of this

4 Section would be declared unconstitutional.

5 (j) Penalty. A civil fine of $250 shall be imposed for a

6 first violation of this Section, and a civil fine of $500 shall

7 be imposed for a second or subsequent violation of this

8 Section.

9 (Source: P.A. 101-395, eff. 8-16-19; 101-652.)

10 Section 180. The Illinois Vehicle Code is amended by

11 reenacting and amending Sections 4-214.1, 6-306.5, and 6-306.6

12 as follows:

13 (625 ILCS 5/4-214.1)

14 Sec. 4-214.1. Failure to pay fines, charges, and costs on

15 an abandoned vehicle. (a) Whenever any resident of this

16 State fails to pay any fine, charge, or cost imposed for a

17 violation of Section 4-201 of this Code, or a similar

18 provision of a local ordinance, the clerk shall notify the

19 Secretary of State, on a report prescribed by the Secretary,

20 and the Secretary shall prohibit the renewal, reissue, or

21 reinstatement of the resident's driving privileges until the

22 fine, charge, or cost has been paid in full. The clerk shall

23 provide notice to the owner, at the owner's last known address

24 as shown on the court's records, stating that the action will

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1 be effective on the 46th day following the date of the above

2 notice if payment is not received in full by the court of

3 venue.

4 (b) Following receipt of the report from the clerk, the

5 Secretary of State shall make the proper notation to the

6 owner's file to prohibit the renewal, reissue, or

7 reinstatement of the owner's driving privileges. Except as

8 provided in subsection (d) of this Section, the notation shall

9 not be removed from the owner's record until the owner

10 satisfies the outstanding fine, charge, or cost and an

11 appropriate notice on a form prescribed by the Secretary is

12 received by the Secretary from the court of venue, stating

13 that the fine, charge, or cost has been paid in full. Upon

14 payment in full of a fine, charge, or court cost which has

15 previously been reported under this Section as unpaid, the

16 clerk of the court shall present the owner with a signed

17 receipt containing the seal of the court indicating that the

18 fine, charge, or cost has been paid in full, and shall forward

19 immediately to the Secretary of State a notice stating that

20 the fine, charge, or cost has been paid in full.

21 (c) Notwithstanding the receipt of a report from the clerk

22 as prescribed in subsection (a), nothing in this Section is

23 intended to place any responsibility upon the Secretary of

24 State to provide independent notice to the owner of any

25 potential action to disallow the renewal, reissue, or

26 reinstatement of the owner's driving privileges.

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1 (d) The Secretary of State shall renew, reissue, or

2 reinstate an owner's driving privileges which were previously

3 refused under this Section upon presentation of an original

4 receipt which is signed by the clerk of the court and contains

5 the seal of the court indicating that the fine, charge, or cost

6 has been paid in full. The Secretary of State shall retain the

7 receipt for his or her records.

8 (Source: P.A. 95-621, eff. 6-1-08.)

9 (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)

10 Sec. 6-306.5. Failure to pay fine or penalty for standing,

11 parking, compliance, automated speed enforcement system, or

12 automated traffic law violations; suspension of driving

13 privileges.

14 (a) Upon receipt of a certified report, as prescribed by

15 subsection (c) of this Section, from any municipality or

16 county stating that the owner of a registered vehicle has

17 failed to pay any fine or penalty due and owing as a result of

18 5 offenses for automated speed enforcement system violations

19 or automated traffic violations as defined in Sections

20 11-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination

21 thereof, or ~~(3)~~ is more than 14 days in default of a payment

22 plan pursuant to which a suspension had been terminated under

23 subsection (c) of this Section, the Secretary of State shall

24 suspend the driving privileges of such person in accordance

25 with the procedures set forth in this Section. The Secretary

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1 shall also suspend the driving privileges of an owner of a

2 registered vehicle upon receipt of a certified report, as

3 prescribed by subsection (f) of this Section, from any

4 municipality or county stating that such person has failed to

5 satisfy any fines or penalties imposed by final judgments for

6 5 or more automated speed enforcement system or automated

7 traffic law violations, or combination thereof, after

8 exhaustion of judicial review procedures.

9 (b) Following receipt of the certified report of the

10 municipality or county as specified in this Section, the

11 Secretary of State shall notify the person whose name appears

12 on the certified report that the person'sdriver's~~drivers~~

13 license will be suspended at the end of a specified period of

14 time unless the Secretary of State is presented with a notice

15 from the municipality or county certifying that the fine or

16 penalty due and owing the municipality or county has been paid

17 or that inclusion of that person's name on the certified

18 report was in error. The Secretary's notice shall state in

19 substance the information contained in the municipality's or

20 county's certified report to the Secretary, and shall be

21 effective as specified by subsection (c) of Section 6-211 of

22 this Code.

23 (c) The report of the appropriate municipal or county

24 official notifying the Secretary of State of unpaid fines or

25 penalties pursuant to this Section shall be certified and

26 shall contain the following:

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1 (1) The name, last known address as recorded with the

2 Secretary of State, as provided by the lessor of the cited

3 vehicle at the time of lease, or as recorded in a United

4 States Post Office approved database if any notice sent

5 under Section 11-208.3 of this Code is returned as

6 undeliverable, and driver's ~~drivers~~license number of the

7 person who failed to pay the fine or penalty or who has

8 defaulted in a payment plan and the registration number of

9 any vehicle known to be registered to such person in this

10 State.

11 (2) The name of the municipality or county making the

12 report pursuant to this Section.

13 (3) A statement that the municipality or county sent a

14 notice of impending driver's~~drivers~~ license suspension as

15 prescribed by ordinance enacted pursuant to Section

16 11-208.3 of this Code or a notice of default in a payment

17 plan, to the person named in the report at the address

18 recorded with the Secretary of State or at the last

19 address known to the lessor of the cited vehicle at the

20 time of lease or, if any notice sent under Section

21 11-208.3 of this Code is returned as undeliverable, at the

22 last known address recorded in a United States Post Office

23 approved database; the date on which such notice was sent;

24 and the address to which such notice was sent. In a

25 municipality or county with a population of 1,000,000 or

26 more, the report shall also include a statement that the

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1 alleged violator's State vehicle registration number and

2 vehicle make, if specified on the automated speed

3 enforcement system violation or automated traffic law

4 violation notice, are correct as they appear on the

5 citations.

6 (4) A unique identifying reference number for each

7 request of suspension sent whenever a person has failed to

8 pay the fine or penalty or has defaulted on a payment plan.

9 (d) Any municipality or county making a certified report

10 to the Secretary of State pursuant to this Section shall

11 notify the Secretary of State, in a form prescribed by the

12 Secretary, whenever a person named in the certified report has

13 paid the previously reported fine or penalty, whenever a

14 person named in the certified report has entered into a

15 payment plan pursuant to which the municipality or county has

16 agreed to terminate the suspension, or whenever the

17 municipality or county determines that the original report was

18 in error. A certified copy of such notification shall also be

19 given upon request and at no additional charge to the person

20 named therein. Upon receipt of the municipality's or county's

21 notification or presentation of a certified copy of such

22 notification, the Secretary of State shall terminate the

23 suspension.

24 (e) Any municipality or county making a certified report

25 to the Secretary of State pursuant to this Section shall also

26 by ordinance establish procedures for persons to challenge the

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1 accuracy of the certified report. The ordinance shall also

2 state the grounds for such a challenge, which may be limited to

3 (1) the person not having been the owner or lessee of the

4 vehicle or vehicles receiving a combination of 5 or more

5 automated speed enforcement system or automated traffic law

6 violations on the date or dates such notices were issued; and

7 (2) the person having already paid the fine or penalty for the

8 combination of 5 or more automated speed enforcement system or

9 automated traffic law violations indicated on the certified

10 report.

11 (f) Any municipality or county, other than a municipality

12 or county establishing automated speed enforcement system

13 regulations under Section 11-208.8, or automated traffic law

14 regulations under Section 11-208.6, 11-208.9, or 11-1201.1,

15 may also cause a suspension of a person'sdriver's ~~drivers~~

16 license pursuant to this Section. Such municipality or county

17 may invoke this sanction by making a certified report to the

18 Secretary of State upon a person's failure to satisfy any fine

19 or penalty imposed by final judgment for a combination of 5 or

20 more automated speed enforcement system or automated traffic

21 law violations after exhaustion of judicial review procedures,

22 but only if:

23 (1) the municipality or county complies with the

24 provisions of this Section in all respects except in

25 regard to enacting an ordinance pursuant to Section

26 11-208.3;

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1 (2) the municipality or county has sent a notice of

2 impending driver's~~drivers~~ license suspension as

3 prescribed by an ordinance enacted pursuant to subsection

4 (g) of this Section; and

5 (3) in municipalities or counties with a population of

6 1,000,000 or more, the municipality or county has verified

7 that the alleged violator's State vehicle registration

8 number and vehicle make are correct as they appear on the

9 citations.

10 (g) Any municipality or county, other than a municipality

11 or county establishing automated speed enforcement system

12 regulations under Section 11-208.8, or automated traffic law

13 regulations under Section 11-208.6, 11-208.9, or 11-1201.1,

14 may provide by ordinance for the sending of a notice of

15 impending driver's~~drivers~~ license suspension to the person

16 who has failed to satisfy any fine or penalty imposed by final

17 judgment for a combination of 5 or more automated speed

18 enforcement system or automated traffic law violations after

19 exhaustion of judicial review procedures. An ordinance so

20 providing shall specify that the notice sent to the person

21 liable for any fine or penalty shall state that failure to pay

22 the fine or penalty owing within 45 days of the notice's date

23 will result in the municipality or county notifying the

24 Secretary of State that the person'sdriver's ~~drivers~~ license

25 is eligible for suspension pursuant to this Section. The

26 notice of impending driver's ~~drivers~~license suspension shall

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1 be sent by first class United States mail, postage prepaid, to

2 the address recorded with the Secretary of State or at the last

3 address known to the lessor of the cited vehicle at the time of

4 lease or, if any notice sent under Section 11-208.3 of this

5 Code is returned as undeliverable, to the last known address

6 recorded in a United States Post Office approved database.

7 (h) An administrative hearing to contest an impending

8 suspension or a suspension made pursuant to this Section may

9 be had upon filing a written request with the Secretary of

10 State. The filing fee for this hearing shall be $20, to be paid

11 at the time the request is made. A municipality or county which

12 files a certified report with the Secretary of State pursuant

13 to this Section shall reimburse the Secretary for all

14 reasonable costs incurred by the Secretary as a result of the

15 filing of the report, including, but not limited to, the costs

16 of providing the notice required pursuant to subsection (b)

17 and the costs incurred by the Secretary in any hearing

18 conducted with respect to the report pursuant to this

19 subsection and any appeal from such a hearing.

20 (i) The provisions of this Section shall apply on and

21 after January 1, 1988.

22 (j) For purposes of this Section, the term "compliance

23 violation" is defined as in Section 11-208.3.

24 (Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)

25 (625 ILCS 5/6-306.6) (from Ch. 95 1/2, par. 6-306.6)

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1 Sec. 6-306.6. Failure to pay traffic fines, penalties, or

2 court costs.

3 (a) Whenever any resident of this State fails to pay any

4 traffic fine, penalty, or cost imposed for a violation of this

5 Code, or similar provision of local ordinance, the clerk may

6 notify the Secretary of State, on a report prescribed by the

7 Secretary, and the Secretary shall prohibit the renewal,

8 reissue or reinstatement of such resident's driving privileges

9 until such fine, penalty, or cost has been paid in full. The

10 clerk shall provide notice to the driver, at the driver's last

11 known address as shown on the court's records, stating that

12 such action will be effective on the 46th day following the

13 date of the above notice if payment is not received in full by

14 the court of venue.

15 (a-1) Whenever any resident of this State who has made a

16 partial payment on any traffic fine, penalty, or cost that was

17 imposed under a conviction entered on or after the effective

18 date of this amendatory Act of the 93rd General Assembly, for a

19 violation of this Code or a similar provision of a local

20 ordinance, fails to pay the remainder of the outstanding fine,

21 penalty, or cost within the time limit set by the court, the

22 clerk may notify the Secretary of State, on a report

23 prescribed by the Secretary, and the Secretary shall prohibit

24 the renewal, reissue, or reinstatement of the resident's

25 driving privileges until the fine, penalty, or cost has been

26 paid in full. The clerk shall provide notice to the driver, at

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1 the driver's last known address as shown on the court's

2 records, stating that the action will be effective on the 46th

3 day following the date of the notice if payment is not received

4 in full by the court of venue.

5 (b) Except as provided in subsection (b-1), following

6 receipt of the report from the clerk, the Secretary of State

7 shall make the proper notation to the driver's file to

8 prohibit the renewal, reissue or reinstatement of such

9 driver's driving privileges. Except as provided in paragraph

10 (2) of subsection (d) of this Section, such notation shall not

11 be removed from the driver's record until the driver satisfies

12 the outstanding fine, penalty, or cost and an appropriate

13 notice on a form prescribed by the Secretary is received by the

14 Secretary from the court of venue, stating that such fine,

15 penalty, or cost has been paid in full. Upon payment in full of

16 a traffic fine, penalty, or court cost which has previously

17 been reported under this Section as unpaid, the clerk of the

18 court shall present the driver with a signed receipt

19 containing the seal of the court indicating that such fine,

20 penalty, or cost has been paid in full, and shall forward

21 forthwith to the Secretary of State a notice stating that the

22 fine, penalty, or cost has been paid in full.

23 (b-1) In a county with a population of 3,000,000 or more,

24 following receipt of the report from the clerk, the Secretary

25 of State shall make the proper notation to the driver's file to

26 prohibit the renewal, reissue or reinstatement of such

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1 driver's driving privileges. Such notation shall not be

2 removed from the driver's record until the driver satisfies

3 the outstanding fine, penalty, or cost and an appropriate

4 notice on a form prescribed by the Secretary is received by the

5 Secretary directly from the court of venue, stating that such

6 fine, penalty, or cost has been paid in full. Upon payment in

7 full of a traffic fine, penalty, or court cost which has

8 previously been reported under this Section as unpaid, the

9 clerk of the court shall forward forthwith directly to the

10 Secretary of State a notice stating that the fine, penalty, or

11 cost has been paid in full and shall provide the driver with a

12 signed receipt containing the seal of the court, indicating

13 that the fine, penalty, and cost have been paid in full. The

14 receipt may not be used by the driver to clear the driver's

15 record.

16 (c) The provisions of this Section shall be limited to a

17 single action per arrest and as a post conviction measure

18 only. Fines, penalty, or costs to be collected subsequent to

19 orders of court supervision, or other available court

20 diversions are not applicable to this Section.

21 (d)(1) Notwithstanding the receipt of a report from the

22 clerk as prescribed in subsections (a) and (e), nothing in

23 this Section is intended to place any responsibility upon the

24 Secretary of State to provide independent notice to the driver

25 of any potential action to disallow the renewal, reissue or

26 reinstatement of such driver's driving privileges.

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1 (2) Except as provided in subsection (b-1), the Secretary

2 of State shall renew, reissue or reinstate a driver's driving

3 privileges which were previously refused pursuant to this

4 Section upon presentation of an original receipt which is

5 signed by the clerk of the court and contains the seal of the

6 court indicating that the fine, penalty, or cost has been paid

7 in full. The Secretary of State shall retain such receipt for

8 his records.

9 (e) Upon receipt of notification from another state that

10 is a member of the Nonresident Violator Compact of 1977,

11 stating a resident of this State failed to pay a traffic fine,

12 penalty, or cost imposed for a violation that occurs in

13 another state, the Secretary shall make the proper notation to

14 the driver's license file to prohibit the renewal, reissue, or

15 reinstatement of the resident's driving privileges until the

16 fine, penalty, or cost has been paid in full. The Secretary of

17 State shall renew, reissue, or reinstate the driver's driving

18 privileges that were previously refused under this Section

19 upon receipt of notification from the other state that

20 indicates that the fine, penalty, or cost has been paid in

21 full. The Secretary of State shall retain the out-of-state

22 receipt for his or her records.

23 (Source: P.A. 98-178, eff. 1-1-14.)

24 Section 185. The Snowmobile Registration and Safety Act is

25 amended by changing Section 5-7 as follows:

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1 (625 ILCS 40/5-7)

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

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;

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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.

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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; or

11 (2) the failure of a defendant to appear for trial.

12 (d) Every person convicted of violating this Section is

13 guilty of a Class 4 felony if:

14 1. The person has a previous conviction under this

15 Section;

16 2. The offense results in personal injury where a

17 person other than the operator suffers great bodily harm

18 or permanent disability or disfigurement, when the

19 violation was a proximate cause of the injuries. A person

20 guilty of a Class 4 felony under this paragraph 2, if

21 sentenced to a term of imprisonment, shall be sentenced to

22 not less than one year nor more than 12 years; or

23 3. The offense occurred during a period in which the

24 person's privileges to operate a snowmobile are revoked or

25 suspended, and the revocation or suspension was for a

26 violation of this Section or was imposed under Section

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1 5-7.1.

2 (e) Every person convicted of violating this Section is

3 guilty of a Class 2 felony if the offense results in the death

4 of a person. A person guilty of a Class 2 felony under this

5 subsection (e), if sentenced to a term of imprisonment, shall

6 be sentenced to a term of not less than 3 years and not more

7 than 14 years.

8 (e-1) Every person convicted of violating this Section or

9 a similar provision of a local ordinance who had a child under

10 the age of 16 on board the snowmobile at the time of offense

11 shall be subject to a mandatory minimum fine of $500 and shall

12 be subject to a mandatory minimum of 5 days of community

13 service in a program benefiting children. The assignment under

14 this subsection shall not be subject to suspension nor shall

15 the person be eligible for probation in order to reduce the

16 assignment.

17 (e-2) Every person found guilty of violating this Section,

18 whose operation of a snowmobile while in violation of this

19 Section proximately caused any incident resulting in an

20 appropriate emergency response, shall be liable for the

21 expense of an emergency response as provided in subsection (i)

22 of Section 11-501.01 of the Illinois Vehicle Code.

23 (e-3) In addition to any other penalties and liabilities,

24 a person who is found guilty of violating this Section,

25 including any person placed on court supervision, shall be

26 fined $100, payable to the circuit clerk, who shall distribute

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1 the money to the law enforcement agency that made the arrest or

2 as provided in subsection (c) of Section 10-5 of the Criminal

3 and Traffic Assessment Act if the arresting agency is a State

4 agency, unless more than one agency is responsible for the

5 arrest, in which case the amount shall be remitted to each unit

6 of government equally. Any moneys received by a law

7 enforcement agency under this subsection (e-3) shall be used

8 to purchase law enforcement equipment or to provide law

9 enforcement training that will assist in the prevention of

10 alcohol related criminal violence throughout the State. Law

11 enforcement equipment shall include, but is not limited to,

12 in-car video cameras, radar and laser speed detection devices,

13 and alcohol breath testers.

14 (f) In addition to any criminal penalties imposed, the

15 Department of Natural Resources shall suspend the snowmobile

16 operation privileges of a person convicted or found guilty of

17 a misdemeanor under this Section for a period of one year,

18 except that first-time offenders are exempt from this

19 mandatory one-year ~~one year~~ suspension.

20 (g) In addition to any criminal penalties imposed, the

21 Department of Natural Resources shall suspend for a period of

22 5 years the snowmobile operation privileges of any person

23 convicted or found guilty of a felony under this Section.

24 (Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)

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

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1 Sec. 5-7. Operating a snowmobile while under the influence

2 of alcohol or other drug or drugs, intoxicating compound or

3 compounds, or a combination of them; criminal penalties;

4 suspension of operating privileges.

5 (a) A person may not operate or be in actual physical

6 control of a snowmobile within this State while:

7 1. The alcohol concentration in that person's blood,

8 other bodily substance, or breath is a concentration at

9 which driving a motor vehicle is prohibited under

10 subdivision (1) of subsection (a) of Section 11-501 of the

11 Illinois Vehicle Code;

12 2. The person is under the influence of alcohol;

13 3. The person is under the influence of any other drug

14 or combination of drugs to a degree that renders that

15 person incapable of safely operating a snowmobile;

16 3.1. The person is under the influence of any

17 intoxicating compound or combination of intoxicating

18 compounds to a degree that renders the person incapable of

19 safely operating a snowmobile;

20 4. The person is under the combined influence of

21 alcohol and any other drug or drugs or intoxicating

22 compound or compounds to a degree that renders that person

23 incapable of safely operating a snowmobile;

24 4.3. The person who is not a CDL holder has a

25 tetrahydrocannabinol concentration in the person's whole

26 blood or other bodily substance at which driving a motor

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1 vehicle is prohibited under subdivision (7) of subsection

2 (a) of Section 11-501 of the Illinois Vehicle Code;

3 4.5. The person who is a CDL holder has any amount of a

4 drug, substance, or compound in the person's breath,

5 blood, other bodily substance, or urine resulting from the

6 unlawful use or consumption of cannabis listed in the

7 Cannabis Control Act; or

8 5. There is any amount of a drug, substance, or

9 compound in that person's breath, blood, other bodily

10 substance, or urine resulting from the unlawful use or

11 consumption of a controlled substance listed in the

12 Illinois Controlled Substances Act, methamphetamine as

13 listed in the Methamphetamine Control and Community

14 Protection Act, or intoxicating compound listed in the use

15 of Intoxicating Compounds Act.

16 (b) The fact that a person charged with violating this

17 Section is or has been legally entitled to use alcohol, other

18 drug or drugs, any intoxicating compound or compounds, or any

19 combination of them does not constitute a defense against a

20 charge of violating this Section.

21 (c) Every person convicted of violating this Section or a

22 similar provision of a local ordinance is guilty of a Class A

23 misdemeanor, except as otherwise provided in this Section.

24 (c-1) As used in this Section, "first time offender" means

25 any person who has not had a previous conviction or been

26 assigned supervision for violating this Section or a similar

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1 provision of a local ordinance, or any person who has not had a

2 suspension imposed under subsection (e) of Section 5-7.1.

3 (c-2) For purposes of this Section, the following are

4 equivalent to a conviction:

5 (1) a ~~violation of the terms of pretrial release when~~

6 ~~the court has not relieved the defendant of complying with~~

7 ~~the terms of pretrial release~~ forfeiture of bail or

8 collateral deposited to secure a defendant's appearance in

9 court when forfeiture has not been vacated; or

10 (2) the failure of a defendant to appear for trial.

11 (d) Every person convicted of violating this Section is

12 guilty of a Class 4 felony if:

13 1. The person has a previous conviction under this

14 Section;

15 2. The offense results in personal injury where a

16 person other than the operator suffers great bodily harm

17 or permanent disability or disfigurement, when the

18 violation was a proximate cause of the injuries. A person

19 guilty of a Class 4 felony under this paragraph 2, if

20 sentenced to a term of imprisonment, shall be sentenced to

21 not less than one year nor more than 12 years; or

22 3. The offense occurred during a period in which the

23 person's privileges to operate a snowmobile are revoked or

24 suspended, and the revocation or suspension was for a

25 violation of this Section or was imposed under Section

26 5-7.1.

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1 (e) Every person convicted of violating this Section is

2 guilty of a Class 2 felony if the offense results in the death

3 of a person. A person guilty of a Class 2 felony under this

4 subsection (e), if sentenced to a term of imprisonment, shall

5 be sentenced to a term of not less than 3 years and not more

6 than 14 years.

7 (e-1) Every person convicted of violating this Section or

8 a similar provision of a local ordinance who had a child under

9 the age of 16 on board the snowmobile at the time of offense

10 shall be subject to a mandatory minimum fine of $500 and shall

11 be subject to a mandatory minimum of 5 days of community

12 service in a program benefiting children. The assignment under

13 this subsection shall not be subject to suspension nor shall

14 the person be eligible for probation in order to reduce the

15 assignment.

16 (e-2) Every person found guilty of violating this Section,

17 whose operation of a snowmobile while in violation of this

18 Section proximately caused any incident resulting in an

19 appropriate emergency response, shall be liable for the

20 expense of an emergency response as provided in subsection (i)

21 of Section 11-501.01 of the Illinois Vehicle Code.

22 (e-3) In addition to any other penalties and liabilities,

23 a person who is found guilty of violating this Section,

24 including any person placed on court supervision, shall be

25 fined $100, payable to the circuit clerk, who shall distribute

26 the money to the law enforcement agency that made the arrest or

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1 as provided in subsection (c) of Section 10-5 of the Criminal

2 and Traffic Assessment Act if the arresting agency is a State

3 agency, unless more than one agency is responsible for the

4 arrest, in which case the amount shall be remitted to each unit

5 of government equally. Any moneys received by a law

6 enforcement agency under this subsection (e-3) shall be used

7 to purchase law enforcement equipment or to provide law

8 enforcement training that will assist in the prevention of

9 alcohol related criminal violence throughout the State. Law

10 enforcement equipment shall include, but is not limited to,

11 in-car video cameras, radar and laser speed detection devices,

12 and alcohol breath testers.

13 (f) In addition to any criminal penalties imposed, the

14 Department of Natural Resources shall suspend the snowmobile

15 operation privileges of a person convicted or found guilty of

16 a misdemeanor under this Section for a period of one year,

17 except that first-time offenders are exempt from this

18 mandatory one-year ~~one year~~ suspension.

19 (g) In addition to any criminal penalties imposed, the

20 Department of Natural Resources shall suspend for a period of

21 5 years the snowmobile operation privileges of any person

22 convicted or found guilty of a felony under this Section.

23 (Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;

24 revised 8-5-21.)

25 Section 190. The Clerks of Courts Act is amended by

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1 changing Section 27.3b as follows:

2 (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)

3 (Text of Section after amendment by P.A. 102-356 but

4 before amendment by P.A. 101-652)

5 Sec. 27.3b. The clerk of court may accept payment of

6 fines, penalties, or costs by certified check, credit card, or

7 debit card approved by the clerk from an offender who has been

8 convicted of or placed on court supervision for a traffic

9 offense, petty offense, ordinance offense, or misdemeanor or

10 who has been convicted of a felony offense. The clerk of the

11 circuit court shall accept credit card payments over the

12 Internet for fines, penalties, court costs, or costs from

13 offenders on voluntary electronic pleas of guilty in minor

14 traffic and conservation offenses to satisfy the requirement

15 of written pleas of guilty as provided in Illinois Supreme

16 Court Rule 529. The clerk of the court may also accept payment

17 of statutory fees by a credit card or debit card. The clerk of

18 the court may also accept the credit card or debit card for the

19 cash deposit of bail bond fees.

20 The clerk of the circuit court is authorized to enter into

21 contracts with credit card or debit card companies approved by

22 the clerk and to negotiate the payment of convenience and

23 administrative fees normally charged by those companies for

24 allowing the clerk of the circuit court to accept their credit

25 cards or debit cards in payment as authorized herein. The

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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. 95-331, eff. 8-21-07; 102-356, eff. 1-1-22.)

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

24 Sec. 27.3b. The clerk of court may accept payment of

25 fines, penalties, or costs by certified check, credit card, or

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1 debit card approved by the clerk from an offender who has been

2 convicted of or placed on court supervision for a traffic

3 offense, petty offense, ordinance offense, or misdemeanor or

4 who has been convicted of a felony offense. The clerk of the

5 circuit court shall accept credit card payments over the

6 Internet for fines, penalties, court costs, or costs from

7 offenders on voluntary electronic pleas of guilty in minor

8 traffic and conservation offenses to satisfy the requirement

9 of written pleas of guilty as provided in Illinois Supreme

10 Court Rule 529. The clerk of the court may also accept payment

11 of statutory fees by a credit card or debit card.The clerk of

12 the court may also accept the credit card or debit card for the

13 cash deposit of bail bond fees.

14 The clerk of the circuit court is authorized to enter into

15 contracts with credit card or debit card companies approved by

16 the clerk and to negotiate the payment of convenience and

17 administrative fees normally charged by those companies for

18 allowing the clerk of the circuit court to accept their credit

19 cards or debit cards in payment as authorized herein. The

20 clerk of the circuit court is authorized to enter into

21 contracts with third party fund guarantors, facilitators, and

22 service providers under which those entities may contract

23 directly with customers of the clerk of the circuit court and

24 guarantee and remit the payments to the clerk of the circuit

25 court. Where the offender pays fines, penalties, or costs by

26 credit card or debit card or through a third party fund

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1 guarantor, facilitator, or service provider, or anyone paying

2 statutory fees of the circuit court clerkor the posting of

3 cash bail, the clerk shall collect a service fee of up to $5 or

4 the amount charged to the clerk for use of its services by the

5 credit card or debit card issuer, third party fund guarantor,

6 facilitator, or service provider. This service fee shall be in

7 addition to any other fines, penalties, or costs. The clerk of

8 the circuit court is authorized to negotiate the assessment of

9 convenience and administrative fees by the third party fund

10 guarantors, facilitators, and service providers with the

11 revenue earned by the clerk of the circuit court to be remitted

12 to the county general revenue fund.

13 As used in this Section, "certified check" has the meaning

14 provided in Section 3-409 of the Uniform Commercial Code.

15 (Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.)

16 Section 195. The Attorney Act is amended by changing

17 Section 9 as follows:

18 (705 ILCS 205/9) (from Ch. 13, par. 9)

19 Sec. 9. All attorneys and counselors at law, judges,

20 clerks and sheriffs, and all other officers of the several

21 courts within this state, shall be liable to be arrested and

22 held to ~~terms of pretrial release~~ bail, and shall be subject to

23 the same legal process, and may in all respects be prosecuted

24 and proceeded against in the same courts and in the same manner

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1 as other persons are, any law, usage or custom to the contrary

2 notwithstanding: Provided, nevertheless, said judges,

3 counselors or attorneys, clerks, sheriffs and other officers

4 of said courts, shall be privileged from arrest while

5 attending courts, and whilst going to and returning from

6 court.

7 (Source: R.S. 1874, p. 169; 101-652.)

8 Section 200. The Juvenile Court Act of 1987 is amended by

9 changing Sections 1-7, 1-8, and 5-150 as follows:

10 (705 ILCS 405/1-7)

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

12 Sec. 1-7. Confidentiality of juvenile law enforcement and

13 municipal ordinance violation records.

14 (A) All juvenile law enforcement records which have not

15 been expunged are confidential and may never be disclosed to

16 the general public or otherwise made widely available.

17 Juvenile law enforcement records may be obtained only under

18 this Section and Section 1-8 and Part 9 of Article V of this

19 Act, when their use is needed for good cause and with an order

20 from the juvenile court, as required by those not authorized

21 to retain them. Inspection, copying, and disclosure of

22 juvenile law enforcement records maintained by law enforcement

23 agencies or records of municipal ordinance violations

24 maintained by any State, local, or municipal agency that

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1 relate to a minor who has been investigated, arrested, or

2 taken into custody before his or her 18th birthday shall be

3 restricted to the following:

4 (0.05) The minor who is the subject of the juvenile

5 law enforcement record, his or her parents, guardian, and

6 counsel.

7 (0.10) Judges of the circuit court and members of the

8 staff of the court designated by the judge.

9 (0.15) An administrative adjudication hearing officer

10 or members of the staff designated to assist in the

11 administrative adjudication process.

12 (1) Any local, State, or federal law enforcement

13 officers or designated law enforcement staff of any

14 jurisdiction or agency when necessary for the discharge of

15 their official duties during the investigation or

16 prosecution of a crime or relating to a minor who has been

17 adjudicated delinquent and there has been a previous

18 finding that the act which constitutes the previous

19 offense was committed in furtherance of criminal

20 activities by a criminal street gang, or, when necessary

21 for the discharge of its official duties in connection

22 with a particular investigation of the conduct of a law

23 enforcement officer, an independent agency or its staff

24 created by ordinance and charged by a unit of local

25 government with the duty of investigating the conduct of

26 law enforcement officers. For purposes of this Section,

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1 "criminal street gang" has the meaning ascribed to it in

2 Section 10 of the Illinois Streetgang Terrorism Omnibus

3 Prevention Act.

4 (2) Prosecutors, public defenders, probation officers,

5 social workers, or other individuals assigned by the court

6 to conduct a pre-adjudication or pre-disposition

7 investigation, and individuals responsible for supervising

8 or providing temporary or permanent care and custody for

9 minors under the order of the juvenile court, when

10 essential to performing their responsibilities.

11 (3) Federal, State, or local prosecutors, public

12 defenders, probation officers, and designated staff:

13 (a) in the course of a trial when institution of

14 criminal proceedings has been permitted or required

15 under Section 5-805;

16 (b) when institution of criminal proceedings has

17 been permitted or required under Section 5-805 and the

18 minor is the subject of a proceeding to determine the

19 amount of bail;

20 (c) when criminal proceedings have been permitted

21 or required under Section 5-805 and the minor is the

22 subject of a pre-trial investigation, pre-sentence

23 investigation, fitness hearing, or proceedings on an

24 application for probation; or

25 (d) in the course of prosecution or administrative

26 adjudication of a violation of a traffic, boating, or

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1 fish and game law, or a county or municipal ordinance.

2 (4) Adult and Juvenile Prisoner Review Board.

3 (5) Authorized military personnel.

4 (5.5) Employees of the federal government authorized

5 by law.

6 (6) Persons engaged in bona fide research, with the

7 permission of the Presiding Judge and the chief executive

8 of the respective law enforcement agency; provided that

9 publication of such research results in no disclosure of a

10 minor's identity and protects the confidentiality of the

11 minor's record.

12 (7) Department of Children and Family Services child

13 protection investigators acting in their official

14 capacity.

15 (8) The appropriate school official only if the agency

16 or officer believes that there is an imminent threat of

17 physical harm to students, school personnel, or others who

18 are present in the school or on school grounds.

19 (A) Inspection and copying shall be limited to

20 juvenile law enforcement records transmitted to the

21 appropriate school official or officials whom the

22 school has determined to have a legitimate educational

23 or safety interest by a local law enforcement agency

24 under a reciprocal reporting system established and

25 maintained between the school district and the local

26 law enforcement agency under Section 10-20.14 of the

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1 School Code concerning a minor enrolled in a school

2 within the school district who has been arrested or

3 taken into custody for any of the following offenses:

4 (i) any violation of Article 24 of the

5 Criminal Code of 1961 or the Criminal Code of

6 2012;

7 (ii) a violation of the Illinois Controlled

8 Substances Act;

9 (iii) a violation of the Cannabis Control Act;

10 (iv) a forcible felony as defined in Section

11 2-8 of the Criminal Code of 1961 or the Criminal

12 Code of 2012;

13 (v) a violation of the Methamphetamine Control

14 and Community Protection Act;

15 (vi) a violation of Section 1-2 of the

16 Harassing and Obscene Communications Act;

17 (vii) a violation of the Hazing Act; or

18 (viii) a violation of Section 12-1, 12-2,

19 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

20 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

21 Criminal Code of 1961 or the Criminal Code of

22 2012.

23 The information derived from the juvenile law

24 enforcement records shall be kept separate from and

25 shall not become a part of the official school record

26 of that child and shall not be a public record. The

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1 information shall be used solely by the appropriate

2 school official or officials whom the school has

3 determined to have a legitimate educational or safety

4 interest to aid in the proper rehabilitation of the

5 child and to protect the safety of students and

6 employees in the school. If the designated law

7 enforcement and school officials deem it to be in the

8 best interest of the minor, the student may be

9 referred to in-school or community-based social

10 services if those services are available.

11 "Rehabilitation services" may include interventions by

12 school support personnel, evaluation for eligibility

13 for special education, referrals to community-based

14 agencies such as youth services, behavioral healthcare

15 service providers, drug and alcohol prevention or

16 treatment programs, and other interventions as deemed

17 appropriate for the student.

18 (B) Any information provided to appropriate school

19 officials whom the school has determined to have a

20 legitimate educational or safety interest by local law

21 enforcement officials about a minor who is the subject

22 of a current police investigation that is directly

23 related to school safety shall consist of oral

24 information only, and not written juvenile law

25 enforcement records, and shall be used solely by the

26 appropriate school official or officials to protect

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1 the safety of students and employees in the school and

2 aid in the proper rehabilitation of the child. The

3 information derived orally from the local law

4 enforcement officials shall be kept separate from and

5 shall not become a part of the official school record

6 of the child and shall not be a public record. This

7 limitation on the use of information about a minor who

8 is the subject of a current police investigation shall

9 in no way limit the use of this information by

10 prosecutors in pursuing criminal charges arising out

11 of the information disclosed during a police

12 investigation of the minor. For purposes of this

13 paragraph, "investigation" means an official

14 systematic inquiry by a law enforcement agency into

15 actual or suspected criminal activity.

16 (9) Mental health professionals on behalf of the

17 Department of Corrections or the Department of Human

18 Services or prosecutors who are evaluating, prosecuting,

19 or investigating a potential or actual petition brought

20 under the Sexually Violent Persons Commitment Act relating

21 to a person who is the subject of juvenile law enforcement

22 records or the respondent to a petition brought under the

23 Sexually Violent Persons Commitment Act who is the subject

24 of the juvenile law enforcement records sought. Any

25 juvenile law enforcement records and any information

26 obtained from those juvenile law enforcement records under

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1 this paragraph (9) may be used only in sexually violent

2 persons commitment proceedings.

3 (10) The president of a park district. Inspection and

4 copying shall be limited to juvenile law enforcement

5 records transmitted to the president of the park district

6 by the Illinois State Police under Section 8-23 of the

7 Park District Code or Section 16a-5 of the Chicago Park

8 District Act concerning a person who is seeking employment

9 with that park district and who has been adjudicated a

10 juvenile delinquent for any of the offenses listed in

11 subsection (c) of Section 8-23 of the Park District Code

12 or subsection (c) of Section 16a-5 of the Chicago Park

13 District Act.

14 (11) Persons managing and designated to participate in

15 a court diversion program as designated in subsection (6)

16 of Section 5-105.

17 (12) The Public Access Counselor of the Office of the

18 Attorney General, when reviewing juvenile law enforcement

19 records under its powers and duties under the Freedom of

20 Information Act.

21 (13) Collection agencies, contracted or otherwise

22 engaged by a governmental entity, to collect any debts due

23 and owing to the governmental entity.

24 (B)(1) Except as provided in paragraph (2), no law

25 enforcement officer or other person or agency may knowingly

26 transmit to the Department of Corrections, the Illinois State

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1 Police, or the Federal Bureau of Investigation any fingerprint

2 or photograph relating to a minor who has been arrested or

3 taken into custody before his or her 18th birthday, unless the

4 court in proceedings under this Act authorizes the

5 transmission or enters an order under Section 5-805 permitting

6 or requiring the institution of criminal proceedings.

7 (2) Law enforcement officers or other persons or agencies

8 shall transmit to the Illinois State Police copies of

9 fingerprints and descriptions of all minors who have been

10 arrested or taken into custody before their 18th birthday for

11 the offense of unlawful use of weapons under Article 24 of the

12 Criminal Code of 1961 or the Criminal Code of 2012, a Class X

13 or Class 1 felony, a forcible felony as defined in Section 2-8

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

15 Class 2 or greater felony under the Cannabis Control Act, the

16 Illinois Controlled Substances Act, the Methamphetamine

17 Control and Community Protection Act, or Chapter 4 of the

18 Illinois Vehicle Code, pursuant to Section 5 of the Criminal

19 Identification Act. Information reported to the Department

20 pursuant to this Section may be maintained with records that

21 the Department files pursuant to Section 2.1 of the Criminal

22 Identification Act. Nothing in this Act prohibits a law

23 enforcement agency from fingerprinting a minor taken into

24 custody or arrested before his or her 18th birthday for an

25 offense other than those listed in this paragraph (2).

26 (C) The records of law enforcement officers, or of an

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1 independent agency created by ordinance and charged by a unit

2 of local government with the duty of investigating the conduct

3 of law enforcement officers, concerning all minors under 18

4 years of age must be maintained separate from the records of

5 arrests and may not be open to public inspection or their

6 contents disclosed to the public. For purposes of obtaining

7 documents under this Section, a civil subpoena is not an order

8 of the court.

9 (1) In cases where the law enforcement, or independent

10 agency, records concern a pending juvenile court case, the

11 party seeking to inspect the records shall provide actual

12 notice to the attorney or guardian ad litem of the minor

13 whose records are sought.

14 (2) In cases where the records concern a juvenile

15 court case that is no longer pending, the party seeking to

16 inspect the records shall provide actual notice to the

17 minor or the minor's parent or legal guardian, and the

18 matter shall be referred to the chief judge presiding over

19 matters pursuant to this Act.

20 (3) In determining whether the records should be

21 available for inspection, the court shall consider the

22 minor's interest in confidentiality and rehabilitation

23 over the moving party's interest in obtaining the

24 information. Any records obtained in violation of this

25 subsection (C) shall not be admissible in any criminal or

26 civil proceeding, or operate to disqualify a minor from

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1 subsequently holding public office or securing employment,

2 or operate as a forfeiture of any public benefit, right,

3 privilege, or right to receive any license granted by

4 public authority.

5 (D) Nothing contained in subsection (C) of this Section

6 shall prohibit the inspection or disclosure to victims and

7 witnesses of photographs contained in the records of law

8 enforcement agencies when the inspection and disclosure is

9 conducted in the presence of a law enforcement officer for the

10 purpose of the identification or apprehension of any person

11 subject to the provisions of this Act or for the investigation

12 or prosecution of any crime.

13 (E) Law enforcement officers, and personnel of an

14 independent agency created by ordinance and charged by a unit

15 of local government with the duty of investigating the conduct

16 of law enforcement officers, may not disclose the identity of

17 any minor in releasing information to the general public as to

18 the arrest, investigation or disposition of any case involving

19 a minor.

20 (F) Nothing contained in this Section shall prohibit law

21 enforcement agencies from communicating with each other by

22 letter, memorandum, teletype, or intelligence alert bulletin

23 or other means the identity or other relevant information

24 pertaining to a person under 18 years of age if there are

25 reasonable grounds to believe that the person poses a real and

26 present danger to the safety of the public or law enforcement

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1 officers. The information provided under this subsection (F)

2 shall remain confidential and shall not be publicly disclosed,

3 except as otherwise allowed by law.

4 (G) Nothing in this Section shall prohibit the right of a

5 Civil Service Commission or appointing authority of any

6 federal government, state, county or municipality examining

7 the character and fitness of an applicant for employment with

8 a law enforcement agency, correctional institution, or fire

9 department from obtaining and examining the records of any law

10 enforcement agency relating to any record of the applicant

11 having been arrested or taken into custody before the

12 applicant's 18th birthday.

13 (G-5) Information identifying victims and alleged victims

14 of sex offenses shall not be disclosed or open to the public

15 under any circumstances. Nothing in this Section shall

16 prohibit the victim or alleged victim of any sex offense from

17 voluntarily disclosing his or her own identity.

18 (H) The changes made to this Section by Public Act 98-61

19 apply to law enforcement records of a minor who has been

20 arrested or taken into custody on or after January 1, 2014 (the

21 effective date of Public Act 98-61).

22 (H-5) Nothing in this Section shall require any court or

23 adjudicative proceeding for traffic, boating, fish and game

24 law, or municipal and county ordinance violations to be closed

25 to the public.

26 (I) Willful violation of this Section is a Class C

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1 misdemeanor and each violation is subject to a fine of $1,000.

2 This subsection (I) shall not apply to the person who is the

3 subject of the record.

4 (J) A person convicted of violating this Section is liable

5 for damages in the amount of $1,000 or actual damages,

6 whichever is greater.

7 (Source: P.A. 102-538, eff. 8-20-21.)

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

9 Sec. 1-7. Confidentiality of juvenile law enforcement and

10 municipal ordinance violation records.

11 (A) All juvenile law enforcement records which have not

12 been expunged are confidential and may never be disclosed to

13 the general public or otherwise made widely available.

14 Juvenile law enforcement records may be obtained only under

15 this Section and Section 1-8 and Part 9 of Article V of this

16 Act, when their use is needed for good cause and with an order

17 from the juvenile court, as required by those not authorized

18 to retain them. Inspection, copying, and disclosure of

19 juvenile law enforcement records maintained by law enforcement

20 agencies or records of municipal ordinance violations

21 maintained by any State, local, or municipal agency that

22 relate to a minor who has been investigated, arrested, or

23 taken into custody before his or her 18th birthday shall be

24 restricted to the following:

25 (0.05) The minor who is the subject of the juvenile

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1 law enforcement record, his or her parents, guardian, and

2 counsel.

3 (0.10) Judges of the circuit court and members of the

4 staff of the court designated by the judge.

5 (0.15) An administrative adjudication hearing officer

6 or members of the staff designated to assist in the

7 administrative adjudication process.

8 (1) Any local, State, or federal law enforcement

9 officers or designated law enforcement staff of any

10 jurisdiction or agency when necessary for the discharge of

11 their official duties during the investigation or

12 prosecution of a crime or relating to a minor who has been

13 adjudicated delinquent and there has been a previous

14 finding that the act which constitutes the previous

15 offense was committed in furtherance of criminal

16 activities by a criminal street gang, or, when necessary

17 for the discharge of its official duties in connection

18 with a particular investigation of the conduct of a law

19 enforcement officer, an independent agency or its staff

20 created by ordinance and charged by a unit of local

21 government with the duty of investigating the conduct of

22 law enforcement officers. For purposes of this Section,

23 "criminal street gang" has the meaning ascribed to it in

24 Section 10 of the Illinois Streetgang Terrorism Omnibus

25 Prevention Act.

26 (2) Prosecutors, public defenders, probation officers,

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1 social workers, or other individuals assigned by the court

2 to conduct a pre-adjudication or pre-disposition

3 investigation, and individuals responsible for supervising

4 or providing temporary or permanent care and custody for

5 minors under the order of the juvenile court, when

6 essential to performing their responsibilities.

7 (3) Federal, State, or local prosecutors, public

8 defenders, probation officers, and designated staff:

9 (a) in the course of a trial when institution of

10 criminal proceedings has been permitted or required

11 under Section 5-805;

12 (b) when institution of criminal proceedings has

13 been permitted or required under Section 5-805 and the

14 minor is the subject of a proceeding to determine the

15 ~~conditions of pretrial release~~ amount of bail;

16 (c) when criminal proceedings have been permitted

17 or required under Section 5-805 and the minor is the

18 subject of a pre-trial investigation, pre-sentence

19 investigation, fitness hearing, or proceedings on an

20 application for probation; or

21 (d) in the course of prosecution or administrative

22 adjudication of a violation of a traffic, boating, or

23 fish and game law, or a county or municipal ordinance.

24 (4) Adult and Juvenile Prisoner Review Board.

25 (5) Authorized military personnel.

26 (5.5) Employees of the federal government authorized

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1 by law.

2 (6) Persons engaged in bona fide research, with the

3 permission of the Presiding Judge and the chief executive

4 of the respective law enforcement agency; provided that

5 publication of such research results in no disclosure of a

6 minor's identity and protects the confidentiality of the

7 minor's record.

8 (7) Department of Children and Family Services child

9 protection investigators acting in their official

10 capacity.

11 (8) The appropriate school official only if the agency

12 or officer believes that there is an imminent threat of

13 physical harm to students, school personnel, or others who

14 are present in the school or on school grounds.

15 (A) Inspection and copying shall be limited to

16 juvenile law enforcement records transmitted to the

17 appropriate school official or officials whom the

18 school has determined to have a legitimate educational

19 or safety interest by a local law enforcement agency

20 under a reciprocal reporting system established and

21 maintained between the school district and the local

22 law enforcement agency under Section 10-20.14 of the

23 School Code concerning a minor enrolled in a school

24 within the school district who has been arrested or

25 taken into custody for any of the following offenses:

26 (i) any violation of Article 24 of the

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1 Criminal Code of 1961 or the Criminal Code of

2 2012;

3 (ii) a violation of the Illinois Controlled

4 Substances Act;

5 (iii) a violation of the Cannabis Control Act;

6 (iv) a forcible felony as defined in Section

7 2-8 of the Criminal Code of 1961 or the Criminal

8 Code of 2012;

9 (v) a violation of the Methamphetamine Control

10 and Community Protection Act;

11 (vi) a violation of Section 1-2 of the

12 Harassing and Obscene Communications Act;

13 (vii) a violation of the Hazing Act; or

14 (viii) a violation of Section 12-1, 12-2,

15 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,

16 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

17 Criminal Code of 1961 or the Criminal Code of

18 2012.

19 The information derived from the juvenile law

20 enforcement records shall be kept separate from and

21 shall not become a part of the official school record

22 of that child and shall not be a public record. The

23 information shall be used solely by the appropriate

24 school official or officials whom the school has

25 determined to have a legitimate educational or safety

26 interest to aid in the proper rehabilitation of the

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1 child and to protect the safety of students and

2 employees in the school. If the designated law

3 enforcement and school officials deem it to be in the

4 best interest of the minor, the student may be

5 referred to in-school or community-based social

6 services if those services are available.

7 "Rehabilitation services" may include interventions by

8 school support personnel, evaluation for eligibility

9 for special education, referrals to community-based

10 agencies such as youth services, behavioral healthcare

11 service providers, drug and alcohol prevention or

12 treatment programs, and other interventions as deemed

13 appropriate for the student.

14 (B) Any information provided to appropriate school

15 officials whom the school has determined to have a

16 legitimate educational or safety interest by local law

17 enforcement officials about a minor who is the subject

18 of a current police investigation that is directly

19 related to school safety shall consist of oral

20 information only, and not written juvenile law

21 enforcement records, and shall be used solely by the

22 appropriate school official or officials to protect

23 the safety of students and employees in the school and

24 aid in the proper rehabilitation of the child. The

25 information derived orally from the local law

26 enforcement officials shall be kept separate from and

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1 shall not become a part of the official school record

2 of the child and shall not be a public record. This

3 limitation on the use of information about a minor who

4 is the subject of a current police investigation shall

5 in no way limit the use of this information by

6 prosecutors in pursuing criminal charges arising out

7 of the information disclosed during a police

8 investigation of the minor. For purposes of this

9 paragraph, "investigation" means an official

10 systematic inquiry by a law enforcement agency into

11 actual or suspected criminal activity.

12 (9) Mental health professionals on behalf of the

13 Department of Corrections or the Department of Human

14 Services or prosecutors who are evaluating, prosecuting,

15 or investigating a potential or actual petition brought

16 under the Sexually Violent Persons Commitment Act relating

17 to a person who is the subject of juvenile law enforcement

18 records or the respondent to a petition brought under the

19 Sexually Violent Persons Commitment Act who is the subject

20 of the juvenile law enforcement records sought. Any

21 juvenile law enforcement records and any information

22 obtained from those juvenile law enforcement records under

23 this paragraph (9) may be used only in sexually violent

24 persons commitment proceedings.

25 (10) The president of a park district. Inspection and

26 copying shall be limited to juvenile law enforcement

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1 records transmitted to the president of the park district

2 by the Illinois State Police under Section 8-23 of the

3 Park District Code or Section 16a-5 of the Chicago Park

4 District Act concerning a person who is seeking employment

5 with that park district and who has been adjudicated a

6 juvenile delinquent for any of the offenses listed in

7 subsection (c) of Section 8-23 of the Park District Code

8 or subsection (c) of Section 16a-5 of the Chicago Park

9 District Act.

10 (11) Persons managing and designated to participate in

11 a court diversion program as designated in subsection (6)

12 of Section 5-105.

13 (12) The Public Access Counselor of the Office of the

14 Attorney General, when reviewing juvenile law enforcement

15 records under its powers and duties under the Freedom of

16 Information Act.

17 (13) Collection agencies, contracted or otherwise

18 engaged by a governmental entity, to collect any debts due

19 and owing to the governmental entity.

20 (B)(1) Except as provided in paragraph (2), no law

21 enforcement officer or other person or agency may knowingly

22 transmit to the Department of Corrections, the Illinois State

23 Police, or the Federal Bureau of Investigation any fingerprint

24 or photograph relating to a minor who has been arrested or

25 taken into custody before his or her 18th birthday, unless the

26 court in proceedings under this Act authorizes the

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1 transmission or enters an order under Section 5-805 permitting

2 or requiring the institution of criminal proceedings.

3 (2) Law enforcement officers or other persons or agencies

4 shall transmit to the Illinois State Police copies of

5 fingerprints and descriptions of all minors who have been

6 arrested or taken into custody before their 18th birthday for

7 the offense of unlawful use of weapons under Article 24 of the

8 Criminal Code of 1961 or the Criminal Code of 2012, a Class X

9 or Class 1 felony, a forcible felony as defined in Section 2-8

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

11 Class 2 or greater felony under the Cannabis Control Act, the

12 Illinois Controlled Substances Act, the Methamphetamine

13 Control and Community Protection Act, or Chapter 4 of the

14 Illinois Vehicle Code, pursuant to Section 5 of the Criminal

15 Identification Act. Information reported to the Department

16 pursuant to this Section may be maintained with records that

17 the Department files pursuant to Section 2.1 of the Criminal

18 Identification Act. Nothing in this Act prohibits a law

19 enforcement agency from fingerprinting a minor taken into

20 custody or arrested before his or her 18th birthday for an

21 offense other than those listed in this paragraph (2).

22 (C) The records of law enforcement officers, or of an

23 independent agency created by ordinance and charged by a unit

24 of local government with the duty of investigating the conduct

25 of law enforcement officers, concerning all minors under 18

26 years of age must be maintained separate from the records of

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1 arrests and may not be open to public inspection or their

2 contents disclosed to the public. For purposes of obtaining

3 documents under this Section, a civil subpoena is not an order

4 of the court.

5 (1) In cases where the law enforcement, or independent

6 agency, records concern a pending juvenile court case, the

7 party seeking to inspect the records shall provide actual

8 notice to the attorney or guardian ad litem of the minor

9 whose records are sought.

10 (2) In cases where the records concern a juvenile

11 court case that is no longer pending, the party seeking to

12 inspect the records shall provide actual notice to the

13 minor or the minor's parent or legal guardian, and the

14 matter shall be referred to the chief judge presiding over

15 matters pursuant to this Act.

16 (3) In determining whether the records should be

17 available for inspection, the court shall consider the

18 minor's interest in confidentiality and rehabilitation

19 over the moving party's interest in obtaining the

20 information. Any records obtained in violation of this

21 subsection (C) shall not be admissible in any criminal or

22 civil proceeding, or operate to disqualify a minor from

23 subsequently holding public office or securing employment,

24 or operate as a forfeiture of any public benefit, right,

25 privilege, or right to receive any license granted by

26 public authority.

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1 (D) Nothing contained in subsection (C) of this Section

2 shall prohibit the inspection or disclosure to victims and

3 witnesses of photographs contained in the records of law

4 enforcement agencies when the inspection and disclosure is

5 conducted in the presence of a law enforcement officer for the

6 purpose of the identification or apprehension of any person

7 subject to the provisions of this Act or for the investigation

8 or prosecution of any crime.

9 (E) Law enforcement officers, and personnel of an

10 independent agency created by ordinance and charged by a unit

11 of local government with the duty of investigating the conduct

12 of law enforcement officers, may not disclose the identity of

13 any minor in releasing information to the general public as to

14 the arrest, investigation or disposition of any case involving

15 a minor.

16 (F) Nothing contained in this Section shall prohibit law

17 enforcement agencies from communicating with each other by

18 letter, memorandum, teletype, or intelligence alert bulletin

19 or other means the identity or other relevant information

20 pertaining to a person under 18 years of age if there are

21 reasonable grounds to believe that the person poses a real and

22 present danger to the safety of the public or law enforcement

23 officers. The information provided under this subsection (F)

24 shall remain confidential and shall not be publicly disclosed,

25 except as otherwise allowed by law.

26 (G) Nothing in this Section shall prohibit the right of a

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1 Civil Service Commission or appointing authority of any

2 federal government, state, county or municipality examining

3 the character and fitness of an applicant for employment with

4 a law enforcement agency, correctional institution, or fire

5 department from obtaining and examining the records of any law

6 enforcement agency relating to any record of the applicant

7 having been arrested or taken into custody before the

8 applicant's 18th birthday.

9 (G-5) Information identifying victims and alleged victims

10 of sex offenses shall not be disclosed or open to the public

11 under any circumstances. Nothing in this Section shall

12 prohibit the victim or alleged victim of any sex offense from

13 voluntarily disclosing his or her own identity.

14 (H) The changes made to this Section by Public Act 98-61

15 apply to law enforcement records of a minor who has been

16 arrested or taken into custody on or after January 1, 2014 (the

17 effective date of Public Act 98-61).

18 (H-5) Nothing in this Section shall require any court or

19 adjudicative proceeding for traffic, boating, fish and game

20 law, or municipal and county ordinance violations to be closed

21 to the public.

22 (I) Willful violation of this Section is a Class C

23 misdemeanor and each violation is subject to a fine of $1,000.

24 This subsection (I) shall not apply to the person who is the

25 subject of the record.

26 (J) A person convicted of violating this Section is liable

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1 for damages in the amount of $1,000 or actual damages,

2 whichever is greater.

3 (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;

4 revised 10-13-21.)

5 (705 ILCS 405/1-8)

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

7 Sec. 1-8. Confidentiality and accessibility of juvenile

8 court records.

9 (A) A juvenile adjudication shall never be considered a

10 conviction nor shall an adjudicated individual be considered a

11 criminal. Unless expressly allowed by law, a juvenile

12 adjudication shall not operate to impose upon the individual

13 any of the civil disabilities ordinarily imposed by or

14 resulting from conviction. Unless expressly allowed by law,

15 adjudications shall not prejudice or disqualify the individual

16 in any civil service application or appointment, from holding

17 public office, or from receiving any license granted by public

18 authority. All juvenile court records which have not been

19 expunged are sealed and may never be disclosed to the general

20 public or otherwise made widely available. Sealed juvenile

21 court records may be obtained only under this Section and

22 Section 1-7 and Part 9 of Article V of this Act, when their use

23 is needed for good cause and with an order from the juvenile

24 court. Inspection and copying of juvenile court records

25 relating to a minor who is the subject of a proceeding under

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1 this Act shall be restricted to the following:

2 (1) The minor who is the subject of record, his or her

3 parents, guardian, and counsel.

4 (2) Law enforcement officers and law enforcement

5 agencies when such information is essential to executing

6 an arrest or search warrant or other compulsory process,

7 or to conducting an ongoing investigation or relating to a

8 minor who has been adjudicated delinquent and there has

9 been a previous finding that the act which constitutes the

10 previous offense was committed in furtherance of criminal

11 activities by a criminal street gang.

12 Before July 1, 1994, for the purposes of this Section,

13 "criminal street gang" means any ongoing organization,

14 association, or group of 3 or more persons, whether formal

15 or informal, having as one of its primary activities the

16 commission of one or more criminal acts and that has a

17 common name or common identifying sign, symbol or specific

18 color apparel displayed, and whose members individually or

19 collectively engage in or have engaged in a pattern of

20 criminal activity.

21 Beginning July 1, 1994, for purposes of this Section,

22 "criminal street gang" has the meaning ascribed to it in

23 Section 10 of the Illinois Streetgang Terrorism Omnibus

24 Prevention Act.

25 (3) Judges, hearing officers, prosecutors, public

26 defenders, probation officers, social workers, or other

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1 individuals assigned by the court to conduct a

2 pre-adjudication or pre-disposition investigation, and

3 individuals responsible for supervising or providing

4 temporary or permanent care and custody for minors under

5 the order of the juvenile court when essential to

6 performing their responsibilities.

7 (4) Judges, federal, State, and local prosecutors,

8 public defenders, probation officers, and designated

9 staff:

10 (a) in the course of a trial when institution of

11 criminal proceedings has been permitted or required

12 under Section 5-805;

13 (b) when criminal proceedings have been permitted

14 or required under Section 5-805 and a minor is the

15 subject of a proceeding to determine the amount of

16 bail;

17 (c) when criminal proceedings have been permitted

18 or required under Section 5-805 and a minor is the

19 subject of a pre-trial investigation, pre-sentence

20 investigation or fitness hearing, or proceedings on an

21 application for probation; or

22 (d) when a minor becomes 18 years of age or older,

23 and is the subject of criminal proceedings, including

24 a hearing to determine the amount of bail, a pre-trial

25 investigation, a pre-sentence investigation, a fitness

26 hearing, or proceedings on an application for

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1 probation.

2 (5) Adult and Juvenile Prisoner Review Boards.

3 (6) Authorized military personnel.

4 (6.5) Employees of the federal government authorized

5 by law.

6 (7) Victims, their subrogees and legal

7 representatives; however, such persons shall have access

8 only to the name and address of the minor and information

9 pertaining to the disposition or alternative adjustment

10 plan of the juvenile court.

11 (8) Persons engaged in bona fide research, with the

12 permission of the presiding judge of the juvenile court

13 and the chief executive of the agency that prepared the

14 particular records; provided that publication of such

15 research results in no disclosure of a minor's identity

16 and protects the confidentiality of the record.

17 (9) The Secretary of State to whom the Clerk of the

18 Court shall report the disposition of all cases, as

19 required in Section 6-204 of the Illinois Vehicle Code.

20 However, information reported relative to these offenses

21 shall be privileged and available only to the Secretary of

22 State, courts, and police officers.

23 (10) The administrator of a bonafide substance abuse

24 student assistance program with the permission of the

25 presiding judge of the juvenile court.

26 (11) Mental health professionals on behalf of the

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1 Department of Corrections or the Department of Human

2 Services or prosecutors who are evaluating, prosecuting,

3 or investigating a potential or actual petition brought

4 under the Sexually Violent Persons Commitment Act relating

5 to a person who is the subject of juvenile court records or

6 the respondent to a petition brought under the Sexually

7 Violent Persons Commitment Act, who is the subject of

8 juvenile court records sought. Any records and any

9 information obtained from those records under this

10 paragraph (11) may be used only in sexually violent

11 persons commitment proceedings.

12 (12) Collection agencies, contracted or otherwise

13 engaged by a governmental entity, to collect any debts due

14 and owing to the governmental entity.

15 (A-1) Findings and exclusions of paternity entered in

16 proceedings occurring under Article II of this Act shall be

17 disclosed, in a manner and form approved by the Presiding

18 Judge of the Juvenile Court, to the Department of Healthcare

19 and Family Services when necessary to discharge the duties of

20 the Department of Healthcare and Family Services under Article

21 X of the Illinois Public Aid Code.

22 (B) A minor who is the victim in a juvenile proceeding

23 shall be provided the same confidentiality regarding

24 disclosure of identity as the minor who is the subject of

25 record.

26 (C)(0.1) In cases where the records concern a pending

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1 juvenile court case, the requesting party seeking to inspect

2 the juvenile court records shall provide actual notice to the

3 attorney or guardian ad litem of the minor whose records are

4 sought.

5 (0.2) In cases where the juvenile court records concern a

6 juvenile court case that is no longer pending, the requesting

7 party seeking to inspect the juvenile court records shall

8 provide actual notice to the minor or the minor's parent or

9 legal guardian, and the matter shall be referred to the chief

10 judge presiding over matters pursuant to this Act.

11 (0.3) In determining whether juvenile court records should

12 be made available for inspection and whether inspection should

13 be limited to certain parts of the file, the court shall

14 consider the minor's interest in confidentiality and

15 rehabilitation over the requesting party's interest in

16 obtaining the information. The State's Attorney, the minor,

17 and the minor's parents, guardian, and counsel shall at all

18 times have the right to examine court files and records.

19 (0.4) Any records obtained in violation of this Section

20 shall not be admissible in any criminal or civil proceeding,

21 or operate to disqualify a minor from subsequently holding

22 public office, or operate as a forfeiture of any public

23 benefit, right, privilege, or right to receive any license

24 granted by public authority.

25 (D) Pending or following any adjudication of delinquency

26 for any offense defined in Sections 11-1.20 through 11-1.60 or

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1 12-13 through 12-16 of the Criminal Code of 1961 or the

2 Criminal Code of 2012, the victim of any such offense shall

3 receive the rights set out in Sections 4 and 6 of the Bill of

4 Rights for Victims and Witnesses of Violent Crime Act; and the

5 juvenile who is the subject of the adjudication,

6 notwithstanding any other provision of this Act, shall be

7 treated as an adult for the purpose of affording such rights to

8 the victim.

9 (E) Nothing in this Section shall affect the right of a

10 Civil Service Commission or appointing authority of the

11 federal government, or any state, county, or municipality

12 examining the character and fitness of an applicant for

13 employment with a law enforcement agency, correctional

14 institution, or fire department to ascertain whether that

15 applicant was ever adjudicated to be a delinquent minor and,

16 if so, to examine the records of disposition or evidence which

17 were made in proceedings under this Act.

18 (F) Following any adjudication of delinquency for a crime

19 which would be a felony if committed by an adult, or following

20 any adjudication of delinquency for a violation of Section

21 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, the State's Attorney shall ascertain

23 whether the minor respondent is enrolled in school and, if so,

24 shall provide a copy of the dispositional order to the

25 principal or chief administrative officer of the school.

26 Access to the dispositional order shall be limited to the

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1 principal or chief administrative officer of the school and

2 any school counselor designated by him or her.

3 (G) Nothing contained in this Act prevents the sharing or

4 disclosure of information or records relating or pertaining to

5 juveniles subject to the provisions of the Serious Habitual

6 Offender Comprehensive Action Program when that information is

7 used to assist in the early identification and treatment of

8 habitual juvenile offenders.

9 (H) When a court hearing a proceeding under Article II of

10 this Act becomes aware that an earlier proceeding under

11 Article II had been heard in a different county, that court

12 shall request, and the court in which the earlier proceedings

13 were initiated shall transmit, an authenticated copy of the

14 juvenile court record, including all documents, petitions, and

15 orders filed and the minute orders, transcript of proceedings,

16 and docket entries of the court.

17 (I) The Clerk of the Circuit Court shall report to the

18 Illinois State Police, in the form and manner required by the

19 Illinois State Police, the final disposition of each minor who

20 has been arrested or taken into custody before his or her 18th

21 birthday for those offenses required to be reported under

22 Section 5 of the Criminal Identification Act. Information

23 reported to the Department under this Section may be

24 maintained with records that the Department files under

25 Section 2.1 of the Criminal Identification Act.

26 (J) The changes made to this Section by Public Act 98-61

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1 apply to juvenile law enforcement records of a minor who has

2 been arrested or taken into custody on or after January 1, 2014

3 (the effective date of Public Act 98-61).

4 (K) Willful violation of this Section is a Class C

5 misdemeanor and each violation is subject to a fine of $1,000.

6 This subsection (K) shall not apply to the person who is the

7 subject of the record.

8 (L) A person convicted of violating this Section is liable

9 for damages in the amount of $1,000 or actual damages,

10 whichever is greater.

11 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;

12 revised 10-12-21.)

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

14 Sec. 1-8. Confidentiality and accessibility of juvenile

15 court records.

16 (A) A juvenile adjudication shall never be considered a

17 conviction nor shall an adjudicated individual be considered a

18 criminal. Unless expressly allowed by law, a juvenile

19 adjudication shall not operate to impose upon the individual

20 any of the civil disabilities ordinarily imposed by or

21 resulting from conviction. Unless expressly allowed by law,

22 adjudications shall not prejudice or disqualify the individual

23 in any civil service application or appointment, from holding

24 public office, or from receiving any license granted by public

25 authority. All juvenile court records which have not been

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1 expunged are sealed and may never be disclosed to the general

2 public or otherwise made widely available. Sealed juvenile

3 court records may be obtained only under this Section and

4 Section 1-7 and Part 9 of Article V of this Act, when their use

5 is needed for good cause and with an order from the juvenile

6 court. Inspection and copying of juvenile court records

7 relating to a minor who is the subject of a proceeding under

8 this Act shall be restricted to the following:

9 (1) The minor who is the subject of record, his or her

10 parents, guardian, and counsel.

11 (2) Law enforcement officers and law enforcement

12 agencies when such information is essential to executing

13 an arrest or search warrant or other compulsory process,

14 or to conducting an ongoing investigation or relating to a

15 minor who has been adjudicated delinquent and there has

16 been a previous finding that the act which constitutes the

17 previous offense was committed in furtherance of criminal

18 activities by a criminal street gang.

19 Before July 1, 1994, for the purposes of this Section,

20 "criminal street gang" means any ongoing organization,

21 association, or group of 3 or more persons, whether formal

22 or informal, having as one of its primary activities the

23 commission of one or more criminal acts and that has a

24 common name or common identifying sign, symbol or specific

25 color apparel displayed, and whose members individually or

26 collectively engage in or have engaged in a pattern of

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1 criminal activity.

2 Beginning July 1, 1994, for purposes of this Section,

3 "criminal street gang" has the meaning ascribed to it in

4 Section 10 of the Illinois Streetgang Terrorism Omnibus

5 Prevention Act.

6 (3) Judges, hearing officers, prosecutors, public

7 defenders, probation officers, social workers, or other

8 individuals assigned by the court to conduct a

9 pre-adjudication or pre-disposition investigation, and

10 individuals responsible for supervising or providing

11 temporary or permanent care and custody for minors under

12 the order of the juvenile court when essential to

13 performing their responsibilities.

14 (4) Judges, federal, State, and local prosecutors,

15 public defenders, probation officers, and designated

16 staff:

17 (a) in the course of a trial when institution of

18 criminal proceedings has been permitted or required

19 under Section 5-805;

20 (b) when criminal proceedings have been permitted

21 or required under Section 5-805 and a minor is the

22 subject of a proceeding to determine the~~conditions of~~

23 ~~pretrial release~~ amount of bail;

24 (c) when criminal proceedings have been permitted

25 or required under Section 5-805 and a minor is the

26 subject of a pre-trial investigation, pre-sentence

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1 investigation or fitness hearing, or proceedings on an

2 application for probation; or

3 (d) when a minor becomes 18 years of age or older,

4 and is the subject of criminal proceedings, including

5 a hearing to determine the ~~conditions of pretrial~~

6 ~~release~~ amount of bail, a pre-trial investigation, a

7 pre-sentence investigation, a fitness hearing, or

8 proceedings on an application for probation.

9 (5) Adult and Juvenile Prisoner Review Boards.

10 (6) Authorized military personnel.

11 (6.5) Employees of the federal government authorized

12 by law.

13 (7) Victims, their subrogees and legal

14 representatives; however, such persons shall have access

15 only to the name and address of the minor and information

16 pertaining to the disposition or alternative adjustment

17 plan of the juvenile court.

18 (8) Persons engaged in bona fide research, with the

19 permission of the presiding judge of the juvenile court

20 and the chief executive of the agency that prepared the

21 particular records; provided that publication of such

22 research results in no disclosure of a minor's identity

23 and protects the confidentiality of the record.

24 (9) The Secretary of State to whom the Clerk of the

25 Court shall report the disposition of all cases, as

26 required in Section 6-204 of the Illinois Vehicle Code.

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1 However, information reported relative to these offenses

2 shall be privileged and available only to the Secretary of

3 State, courts, and police officers.

4 (10) The administrator of a bonafide substance abuse

5 student assistance program with the permission of the

6 presiding judge of the juvenile court.

7 (11) Mental health professionals on behalf of the

8 Department of Corrections or the Department of Human

9 Services or prosecutors who are evaluating, prosecuting,

10 or investigating a potential or actual petition brought

11 under the Sexually Violent Persons Commitment Act relating

12 to a person who is the subject of juvenile court records or

13 the respondent to a petition brought under the Sexually

14 Violent Persons Commitment Act, who is the subject of

15 juvenile court records sought. Any records and any

16 information obtained from those records under this

17 paragraph (11) may be used only in sexually violent

18 persons commitment proceedings.

19 (12) Collection agencies, contracted or otherwise

20 engaged by a governmental entity, to collect any debts due

21 and owing to the governmental entity.

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

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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

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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 Bill of

11 Rights for Victims and Witnesses of Violent Crime Act; and the

12 juvenile who is the subject of the adjudication,

13 notwithstanding any other provision of this Act, shall be

14 treated as an adult for the purpose of affording such rights to

15 the victim.

16 (E) Nothing in this Section shall affect the right of a

17 Civil Service Commission or appointing authority of the

18 federal government, or any state, county, or municipality

19 examining the character and fitness of an applicant for

20 employment with a law enforcement agency, correctional

21 institution, or fire department to ascertain whether that

22 applicant was ever adjudicated to be a delinquent minor and,

23 if so, to examine the records of disposition or evidence which

24 were made in proceedings under this Act.

25 (F) Following any adjudication of delinquency for a crime

26 which would be a felony if committed by an adult, or following

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1 any adjudication of delinquency for a violation of Section

2 24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the

3 Criminal Code of 2012, the State's Attorney shall ascertain

4 whether the minor respondent is enrolled in school and, if so,

5 shall provide a copy of the dispositional order to the

6 principal or chief administrative officer of the school.

7 Access to the dispositional order shall be limited to the

8 principal or chief administrative officer of the school and

9 any school counselor designated by him or her.

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

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1 has been arrested or taken into custody before his or her 18th

2 birthday for those offenses required to be reported under

3 Section 5 of the Criminal Identification Act. Information

4 reported to the Department under this Section may be

5 maintained with records that the Department files under

6 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. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;

19 102-538, eff. 8-20-21; revised 10-12-21.)

20 (705 ILCS 405/5-150)

21 Sec. 5-150. Admissibility of evidence and adjudications in

22 other proceedings.

23 (1) Evidence and adjudications in proceedings under this

24 Act shall be admissible:

25 (a) in subsequent proceedings under this Act

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1 concerning the same minor; or

2 (b) in criminal proceedings when the court is to

3 determine the ~~conditions of pretrial release~~ amount of

4 bail, fitness of the defendant or in sentencing under the

5 Unified Code of Corrections; or

6 (c) in proceedings under this Act or in criminal

7 proceedings in which anyone who has been adjudicated

8 delinquent under Section 5-105 is to be a witness

9 including the minor or defendant if he or she testifies,

10 and then only for purposes of impeachment and pursuant to

11 the rules of evidence for criminal trials; or

12 (d) in civil proceedings concerning causes of action

13 arising out of the incident or incidents which initially

14 gave rise to the proceedings under this Act.

15 (2) No adjudication or disposition under this Act shall

16 operate to disqualify a minor from subsequently holding public

17 office nor shall operate as a forfeiture of any right,

18 privilege or right to receive any license granted by public

19 authority.

20 (3) The court which adjudicated that a minor has committed

21 any offense relating to motor vehicles prescribed in Sections

22 4-102 and 4-103 of the Illinois Vehicle Code shall notify the

23 Secretary of State of that adjudication and the notice shall

24 constitute sufficient grounds for revoking that minor's

25 driver's license or permit as provided in Section 6-205 of the

26 Illinois Vehicle Code; no minor shall be considered a criminal

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1 by reason thereof, nor shall any such adjudication be

2 considered a conviction.

3 (Source: P.A. 90-590, eff. 1-1-99; 101-652.)

4 Section 205. The Criminal Code of 2012 is amended by

5 changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as

6 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;

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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 ~~pretrial release~~ bail, 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. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;

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1 101-652.)

2 (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)

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

4 Sec. 31-1. Resisting or obstructing a peace officer,

5 firefighter, or correctional institution employee.

6 (a) A person who knowingly resists or obstructs the

7 performance by one known to the person to be a peace officer,

8 firefighter, or correctional institution employee of any

9 authorized act within his or her official capacity commits a

10 Class A misdemeanor.

11 (a-5) In addition to any other sentence that may be

12 imposed, a court shall order any person convicted of resisting

13 or obstructing a peace officer, firefighter, or correctional

14 institution employee to be sentenced to a minimum of 48

15 consecutive hours of imprisonment or ordered to perform

16 community service for not less than 100 hours as may be

17 determined by the court. The person shall not be eligible for

18 probation in order to reduce the sentence of imprisonment or

19 community service.

20 (a-7) A person convicted for a violation of this Section

21 whose violation was the proximate cause of an injury to a peace

22 officer, firefighter, or correctional institution employee is

23 guilty of a Class 4 felony.

24 (b) For purposes of this Section, "correctional

25 institution employee" means any person employed to supervise

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1 and control inmates incarcerated in a penitentiary, State

2 farm, reformatory, prison, jail, house of correction, police

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

4 for the incarceration or custody of persons under sentence for

5 offenses or awaiting trial or sentence for offenses, under

6 arrest for an offense, a violation of probation, a violation

7 of parole, a violation of aftercare release, a violation of

8 mandatory supervised release, or awaiting a bail setting

9 hearing or preliminary hearing, or who are sexually dangerous

10 persons or who are sexually violent persons; and "firefighter"

11 means any individual, either as an employee or volunteer, of a

12 regularly constituted fire department of a municipality or

13 fire 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 (Source: P.A. 98-558, eff. 1-1-14.)

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

2 Sec. 31-1. Resisting or obstructing a peace officer,

3 firefighter, or correctional institution employee.

4 (a) A person who knowingly resists or obstructs the

5 performance by one known to the person to be a peace officer,

6 firefighter, or correctional institution employee of any

7 authorized act within his or her official capacity commits a

8 Class A misdemeanor.

9 (a-5) In addition to any other sentence that may be

10 imposed, a court shall order any person convicted of resisting

11 or obstructing a peace officer, firefighter, or correctional

12 institution employee to be sentenced to a minimum of 48

13 consecutive hours of imprisonment or ordered to perform

14 community service for not less than 100 hours as may be

15 determined by the court. The person shall not be eligible for

16 probation in order to reduce the sentence of imprisonment or

17 community service.

18 (a-7) A person convicted for a violation of this Section

19 whose violation was the proximate cause of an injury to a peace

20 officer, firefighter, or correctional institution employee is

21 guilty of a Class 4 felony.

22 (b) For purposes of this Section, "correctional

23 institution employee" means any person employed to supervise

24 and control inmates incarcerated in a penitentiary, State

25 farm, reformatory, prison, jail, house of correction, police

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

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1 for the incarceration or custody of persons under sentence for

2 offenses or awaiting trial or sentence for offenses, under

3 arrest for an offense, a violation of probation, a violation

4 of parole, a violation of aftercare release, a violation of

5 mandatory supervised release, or awaiting abail setting

6 hearing or preliminary hearing ~~on setting the conditions of~~

7 ~~pretrial release~~, or who are sexually dangerous persons or who

8 are sexually violent persons; and "firefighter" means any

9 individual, either as an employee or volunteer, of a regularly

10 constituted fire department of a municipality or fire

11 protection district who performs fire fighting duties,

12 including, but not limited to, the fire chief, assistant fire

13 chief, captain, engineer, driver, ladder person, hose person,

14 pipe person, and any other member of a regularly constituted

15 fire department. "Firefighter" also means a person employed by

16 the Office of the State Fire Marshal to conduct arson

17 investigations.

18 (c) It is an affirmative defense to a violation of this

19 Section if a person resists or obstructs the performance of

20 one known by the person to be a firefighter by returning to or

21 remaining in a dwelling, residence, building, or other

22 structure to rescue or to attempt to rescue any person.

23 ~~(d) A person shall not be subject to arrest under this~~

24 ~~Section unless there is an underlying offense for which the~~

25 ~~person was initially subject to arrest.~~

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

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1 (720 ILCS 5/31A-0.1)

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

3 Article:

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

5 attempted transfer of possession of an item of contraband,

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

7 agency relationship.

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

9 or employee of a penal institution or of the governing

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

11 services for the penal institution pursuant to contract with

12 the penal institution or its governing authority.

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

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

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

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

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

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

19 in the Illinois Controlled Substances Act.

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

21 the Illinois Controlled Substances Act or the

22 Methamphetamine Control and Community Protection Act.

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

24 instrument adapted for use of controlled substances or

25 cannabis by subcutaneous injection.

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

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

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

4 includes any of the devices or implements designated in

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

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

7 like character.

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

9 known, which is designed to expel a projectile or

10 projectiles by the action of an explosion, expansion of

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

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

13 which expels a single globular projectile not

14 exceeding .18 inch in diameter; or

15 (B) any device used exclusively for signaling or

16 safety and required as recommended by the United

17 States Coast Guard or the Interstate Commerce

18 Commission; or

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

20 stud cartridges, explosive rivets or industrial

21 ammunition; or

22 (D) any device which is powered by electrical

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

24 or several barbs attached to a length of wire and

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

26 capable of disrupting the person's nervous system in

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

2 normal functioning, commonly referred to as a stun gun

3 or taser.

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

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

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

7 including but not limited to:

8 (A) any ammunition exclusively designed for use

9 with a device used exclusively for signaling or safety

10 and required or recommended by the United States Coast

11 Guard or the Interstate Commerce Commission; or

12 (B) any ammunition designed exclusively for use

13 with a stud or rivet driver or other similar

14 industrial ammunition.

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

16 bombshell, grenade, bottle or other container containing

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

18 purposes such as black powder bombs and Molotov cocktails

19 or artillery projectiles.

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

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

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

23 instrument used to or capable of unlocking or preventing

24 from locking any handcuff or security restraints, doors to

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

26 institution.

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

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

3 capable of cutting through metal.

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

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

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

7 cellular communications equipment, including, but not

8 limited to, cellular telephones, cellular telephone

9 batteries, videotape recorders, pagers, computers, and

10 computer peripheral equipment brought into or possessed in

11 a penal institution without the written authorization of

12 the Chief Administrative Officer. "Electronic contraband"

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

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

15 recording device, computer, or cellular communications

16 equipment, including, but not limited to, cellular

17 telephones, cellular telephone batteries, videotape

18 recorders, pagers, computers, and computer peripheral

19 equipment.

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

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

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

23 for the incarceration or custody of persons under sentence for

24 offenses awaiting trial or sentence for offenses, under arrest

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

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

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1 mandatory supervised release, or awaiting abail setting

2 hearing ~~on the setting of conditions of pretrial release~~ or

3 preliminary hearing; provided that where the place for

4 incarceration or custody is housed within another public

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

6 building unrelated to the incarceration or custody of persons.

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

8 101-652.)

9 (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)

10 Sec. 32-10. Violation of ~~conditions of pretrial release~~

11 bail bond.

12 (a) Whoever, having been ~~released pretrial under~~

13 ~~conditions~~ admitted to bailfor appearance before any court of

14 this State, incurs a ~~violation of conditions of pretrial~~

15 ~~release~~ forfeiture of the bail and knowingly fails to

16 surrender himself or herself within 30 days following the date

17 of the ~~violation~~ forfeiture, commits, if the~~conditions of~~

18 ~~pretrial release~~ bail was given in connection with a charge of

19 felony or pending appeal or certiorari after conviction of any

20 offense, a felony of the next lower Class or a Class A

21 misdemeanor if the underlying offense was a Class 4 felony ~~. If~~

22 ~~the violation of pretrial conditions were made~~ ; or, if the

23 bail was givenin connection with a charge of committing a

24 misdemeanor, or for appearance as a witness, commits a

25 misdemeanor of the next lower Class, but not less than a Class

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1 C misdemeanor.

2 (a-5) Any person who knowingly violates a condition of

3 ~~pretrial release~~ bail bondby possessing a firearm in

4 violation of his or her conditions of ~~pretrial release~~ bail

5 commits a Class 4 felony for a first violation and a Class 3

6 felony for a second or subsequent violation.

7 (b) Whoever, having been ~~released pretrial under~~

8 ~~conditions~~ admitted to bailfor appearance before any court of

9 this State, while charged with a criminal offense in which the

10 victim is a family or household member as defined in Article

11 112A of the Code of Criminal Procedure of 1963, knowingly

12 violates a condition of that release as set forth in Section

13 110-10, subsection (d) of the Code of Criminal Procedure of

14 1963, commits a Class A misdemeanor.

15 (c) Whoever, having been ~~released pretrial under~~

16 ~~conditions~~ admitted to bailfor appearance before any court of

17 this State for a felony, Class A misdemeanor or a criminal

18 offense in which the victim is a family or household member as

19 defined in Article 112A of the Code of Criminal Procedure of

20 1963, is charged with any other felony, Class A misdemeanor,

21 or a criminal offense in which the victim is a family or

22 household member as defined in Article 112A of the Code of

23 Criminal Procedure of 1963 while on this release, must appear

24 before the court before bail is statutorily set.

25 (d) Nothing in this Section shall interfere with or

26 prevent the exercise by any court of its power to punishment

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1 for contempt. Any sentence imposed for violation of this

2 Section ~~may~~ shallbe served consecutive to the sentence

3 imposed for the charge for which ~~pretrial release~~ bail had

4 been granted and with respect to which the defendant has been

5 convicted.

6 (Source: P.A. 97-1108, eff. 1-1-13; 101-652.)

7 (720 ILCS 5/32-15)

8 Sec. 32-15. ~~Pretrial release~~ Bail bond false statement.

9 Any person who in any affidavit, document, schedule or other

10 application to ~~ensure compliance of another with the terms of~~

11 ~~pretrial release~~ become surety or bail for another on any bail

12 bond or recognizance in any civil or criminal proceeding then

13 pending or about to be started against the other person,

14 having taken a lawful oath or made affirmation, shall swear or

15 affirm wilfully, corruptly and falsely as to the~~factors the~~

16 ~~court relied on to approve the conditions of the other~~

17 ~~person's pretrial release~~ ownership or liens or incumbrances

18 upon or the value of any real or personal property alleged to

19 be owned by the person proposed ~~to ensure those conditions~~ as

20 surety or bail, the financial worth or standing of the person

21 proposed as surety or bail, or as to the number or total

22 penalties of all other bonds or recognizances signed by and

23 standing against the proposed surety or bail, or any person

24 who, having taken a lawful oath or made affirmation, shall

25 testify wilfully, corruptly and falsely as to any of said

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1 matters for the purpose of inducing the approval of any such

2 ~~conditions of pretrial release~~ bail bondor recognizance; or

3 for the purpose of justifying on any such ~~conditions of~~

4 ~~pretrial release~~ bail bondor recognizance, or who shall

5 suborn any other person to so swear, affirm or testify as

6 aforesaid, shall be deemed and adjudged guilty of perjury or

7 subornation of perjury (as the case may be) and punished

8 accordingly.

9 (Source: P.A. 97-1108, eff. 1-1-13; 101-652.)

10 Section 210. The Criminal Code of 2012 is amended by

11 changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:

12 (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)

13 Sec. 7-5. Peace officer's use of force in making arrest.

14 (a) A peace officer, or any person whom he has summoned or

15 directed to assist him, need not retreat or desist from

16 efforts to make a lawful arrest because of resistance or

17 threatened resistance to the arrest. He is justified in the

18 use of any force which he reasonably believes~~, based on the~~

19 ~~totality of the circumstances,~~to be necessary to effect the

20 arrest and of any force which he reasonably believes~~, based on~~

21 ~~the totality of the circumstances,~~ to be necessary to defend

22 himself or another from bodily harm while making the arrest.

23 However, he is justified in using force likely to cause death

24 or great bodily harm only when: (i) he reasonably believes~~,~~

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1 ~~based on the totality of the circumstances,~~that such force is

2 necessary to prevent death or great bodily harm to himself or

3 such other person; or (ii) when he reasonably believes~~, based~~

4 ~~on the totality of the circumstances,~~ both that:

5 (1) Such force is necessary to prevent the arrest from

6 being defeated by resistance or escape~~and the officer~~

7 ~~reasonably believes that the person to be arrested is~~

8 ~~likely to cause great bodily harm to another~~; and

9 (2) The person to be arrested committed or attempted a

10 forcible felony which involves the infliction or

11 threatened infliction of great bodily harm or is

12 attempting to escape by use of a deadly weapon, or

13 otherwise indicates that he will endanger human life or

14 inflict great bodily harm unless arrested without delay.

15 ~~As used in this subsection, "retreat" does not mean~~

16 ~~tactical repositioning or other de-escalation tactics.~~

17 ~~A peace officer is not justified in using force likely to~~

18 ~~cause death or great bodily harm when there is no longer an~~

19 ~~imminent threat of great bodily harm to the officer or~~

20 ~~another.~~

21 ~~(a-5) Where feasible, a peace officer shall, prior to the~~

22 ~~use of force, make reasonable efforts to identify himself or~~

23 ~~herself as a peace officer and to warn that deadly force may be~~

24 ~~used.~~

25 ~~(a-10) A peace officer shall not use deadly force against~~

26 ~~a person based on the danger that the person poses to himself~~

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1 ~~or herself if an reasonable officer would believe the person~~

2 ~~does not pose an imminent threat of death or great bodily harm~~

3 ~~to the peace officer or to another person.~~

4 ~~(a-15) A peace officer shall not use deadly force against~~

5 ~~a person who is suspected of committing a property offense,~~

6 ~~unless that offense is terrorism or unless deadly force is~~

7 ~~otherwise authorized by law.~~

8 ~~(b) A peace officer making an arrest pursuant to an~~

9 ~~invalid warrant is justified in the use of any force which he~~

10 ~~would be justified in using if the warrant were valid, unless~~

11 ~~he knows that the warrant is invalid.~~

12 ~~(c) The authority to use physical force conferred on peace~~

13 ~~officers by this Article is a serious responsibility that~~

14 ~~shall be exercised judiciously and with respect for human~~

15 ~~rights and dignity and for the sanctity of every human life.~~

16 ~~(d) Peace officers shall use deadly force only when~~

17 ~~reasonably necessary in defense of human life. In determining~~

18 ~~whether deadly force is reasonably necessary, officers shall~~

19 ~~evaluate each situation in light of the totality of~~

20 ~~circumstances of each case including but not limited to the~~

21 ~~proximity in time of the use of force to the commission of a~~

22 ~~forcible felony, and the reasonable feasibility of safely~~

23 ~~apprehending a subject at a later time, and shall use other~~

24 ~~available resources and techniques, if reasonably safe and~~

25 ~~feasible to a reasonable officer.~~

26 ~~(e) The decision by a peace officer to use force shall be~~

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1 ~~evaluated carefully and thoroughly, in a manner that reflects~~

2 ~~the gravity of that authority and the serious consequences of~~

3 ~~the use of force by peace officers, in order to ensure that~~

4 ~~officers use force consistent with law and agency policies.~~

5 ~~(f) The decision by a peace officer to use force shall be~~

6 ~~evaluated from the perspective of a reasonable officer in the~~

7 ~~same situation, based on the totality of the circumstances~~

8 ~~known to or perceived by the officer at the time of the~~

9 ~~decision, rather than with the benefit of hindsight, and that~~

10 ~~the totality of the circumstances shall account for occasions~~

11 ~~when officers may be forced to make quick judgments about~~

12 ~~using force.~~

13 ~~(g) Law enforcement agencies are encouraged to adopt and~~

14 ~~develop policies designed to protect individuals with~~

15 ~~physical, mental health, developmental, or intellectual~~

16 ~~disabilities, or individuals who are significantly more likely~~

17 ~~to experience greater levels of physical force during police~~

18 ~~interactions, as these disabilities may affect the ability of~~

19 ~~a person to understand or comply with commands from peace~~

20 ~~officers.~~

21 ~~(h) As used in this Section:~~

22 ~~(1) "Deadly force" means any use of force that creates~~

23 ~~a substantial risk of causing death or great bodily harm,~~

24 ~~including, but not limited to, the discharge of a firearm.~~

25 ~~(2) A threat of death or serious bodily injury is~~

26 ~~"imminent" when, based on the totality of the~~

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1 ~~circumstances, a reasonable officer in the same situation~~

2 ~~would believe that a person has the present ability,~~

3 ~~opportunity, and apparent intent to immediately cause~~

4 ~~death or great bodily harm to the peace officer or another~~

5 ~~person. An imminent harm is not merely a fear of future~~

6 ~~harm, no matter how great the fear and no matter how great~~

7 ~~the likelihood of the harm, but is one that, from~~

8 ~~appearances, must be instantly confronted and addressed.~~

9 ~~(3) "Totality of the circumstances" means all facts~~

10 ~~known to the peace officer at the time, or that would be~~

11 ~~known to a reasonable officer in the same situation,~~

12 ~~including the conduct of the officer and the subject~~

13 ~~leading up to the use of deadly force.~~

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

15 revised 8-2-21.)

16 (720 ILCS 5/7-5.5)

17 Sec. 7-5.5. Prohibited use of force by a peace officer.

18 (a) A peace officer~~, or any other person acting under the~~

19 ~~color of law,~~ shall not use a chokehold ~~or restraint above the~~

20 ~~shoulders with risk of asphyxiation~~ in the performance of his

21 or her duties, unless deadly force is justified under this

22 Article ~~7 of this Code~~.

23 (b) A peace officer~~, or any other person acting under the~~

24 ~~color of law,~~ shall not use a chokehold ~~or restraint above the~~

25 ~~shoulders with risk of asphyxiation~~, or any lesser contact

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1 with the throat or neck area of another, in order to prevent

2 the destruction of evidence by ingestion.

3 (c) As used in this Section, "chokehold" means applying

4 any direct pressure to the throat, windpipe, or airway of

5 another with the intent to reduce or prevent the intake of

6 air.. "Chokehold" does not include any holding involving

7 contact with the neck that is not intended to reduce the intake

8 of air such as a headlock where the only pressure applied is to

9 the head.

10 ~~(d) As used in this Section, "restraint above the~~

11 ~~shoulders with risk of positional asphyxiation" means a use of~~

12 ~~a technique used to restrain a person above the shoulders,~~

13 ~~including the neck or head, in a position which interferes~~

14 ~~with the person's ability to breathe after the person no~~

15 ~~longer poses a threat to the officer or any other person.~~

16 ~~(e) A peace officer, or any other person acting under the~~

17 ~~color of law, shall not:~~

18 ~~(i) use force as punishment or retaliation;~~

19 ~~(ii) discharge kinetic impact projectiles and all~~

20 ~~other non-or less-lethal projectiles in a manner that~~

21 ~~targets the head, neck, groin, anterior pelvis, or back;~~

22 ~~(iii) discharge conducted electrical weapons in a~~

23 ~~manner that targets the head, chest, neck, groin, or~~

24 ~~anterior pelvis;~~

25 ~~(iv) discharge firearms or kinetic impact projectiles~~

26 ~~indiscriminately into a crowd;~~

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1 ~~(v) use chemical agents or irritants for crowd~~

2 ~~control, including pepper spray and tear gas, prior to~~

3 ~~issuing an order to disperse in a sufficient manner to~~

4 ~~allow for the order to be heard and repeated if necessary,~~

5 ~~followed by sufficient time and space to allow compliance~~

6 ~~with the order unless providing such time and space would~~

7 ~~unduly place an officer or another person at risk of death~~

8 ~~or great bodily harm; or~~

9 ~~(vi) use chemical agents or irritants, including~~

10 ~~pepper spray and tear gas, prior to issuing an order in a~~

11 ~~sufficient manner to ensure the order is heard, and~~

12 ~~repeated if necessary, to allow compliance with the order~~

13 ~~unless providing such time and space would unduly place an~~

14 ~~officer or another person at risk of death or great bodily~~

15 ~~harm.~~

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

17 revised 8-2-21.)

18 (720 ILCS 5/7-9) (from Ch. 38, par. 7-9)

19 Sec. 7-9. Use of force to prevent escape.

20 (a) A peace officer or other person who has an arrested

21 person in his custody is justified in the use ofsuch force~~,~~

22 ~~except deadly force,~~to prevent the escape of the arrested

23 person from custody as he would be justified in using if he

24 were arresting such person.

25 (b) A guard or other peace officer is justified in the use

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1 of force, including force likely to cause death or great

2 bodily harm,which he reasonably believes to be necessary to

3 prevent the escape from a penal institution of a person whom

4 the officer reasonably believes to be lawfully detained in

5 such institution under sentence for an offense or awaiting

6 trial or commitment for an offense.

7 ~~(c) Deadly force shall not be used to prevent escape under~~

8 ~~this Section unless, based on the totality of the~~

9 ~~circumstances, deadly force is necessary to prevent death or~~

10 ~~great bodily harm to himself or such other person.~~

11 (Source: Laws 1961, p. 1983; P.A. 101-652.)

12 (720 ILCS 5/9-1) (from Ch. 38, par. 9-1)

13 Sec. 9-1. First degree murder; death penalties;

14 exceptions; separate hearings; proof; findings; appellate

15 procedures; reversals.

16 (a) A person who kills an individual without lawful

17 justification commits first degree murder if, in performing

18 the acts which cause the death:

19 (1) he or she either intends to kill or do great bodily

20 harm to that individual or another, or knows that such

21 acts will cause death to that individual or another; or

22 (2) he or she knows that such acts create a strong

23 probability of death or great bodily harm to that

24 individual or another; or

25 (3) ~~he or she, acting alone or with one or more~~

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1 ~~participants, commits or attempts to commit a forcible~~

2 ~~felony other than second degree murder, and in the course~~

3 ~~of or in furtherance of such crime or flight therefrom, he~~

4 ~~or she or another participant causes the death of a person~~

5 he or she is attempting or committing a forcible felony

6 other than second degree murder.

7 (b) Aggravating Factors. A defendant who at the time of

8 the commission of the offense has attained the age of 18 or

9 more and who has been found guilty of first degree murder may

10 be sentenced to death if:

11 (1) the murdered individual was a peace officer or

12 fireman killed in the course of performing his official

13 duties, to prevent the performance of his or her official

14 duties, or in retaliation for performing his or her

15 official duties, and the defendant knew or should have

16 known that the murdered individual was a peace officer or

17 fireman; or

18 (2) the murdered individual was an employee of an

19 institution or facility of the Department of Corrections,

20 or any similar local correctional agency, killed in the

21 course of performing his or her official duties, to

22 prevent the performance of his or her official duties, or

23 in retaliation for performing his or her official duties,

24 or the murdered individual was an inmate at such

25 institution or facility and was killed on the grounds

26 thereof, or the murdered individual was otherwise present

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1 in such institution or facility with the knowledge and

2 approval of the chief administrative officer thereof; or

3 (3) the defendant has been convicted of murdering two

4 or more individuals under subsection (a) of this Section

5 or under any law of the United States or of any state which

6 is substantially similar to subsection (a) of this Section

7 regardless of whether the deaths occurred as the result of

8 the same act or of several related or unrelated acts so

9 long as the deaths were the result of either an intent to

10 kill more than one person or of separate acts which the

11 defendant knew would cause death or create a strong

12 probability of death or great bodily harm to the murdered

13 individual or another; or

14 (4) the murdered individual was killed as a result of

15 the hijacking of an airplane, train, ship, bus, or other

16 public conveyance; or

17 (5) the defendant committed the murder pursuant to a

18 contract, agreement, or understanding by which he or she

19 was to receive money or anything of value in return for

20 committing the murder or procured another to commit the

21 murder for money or anything of value; or

22 (6) the murdered individual was killed in the course

23 of another felony if:

24 (a) the murdered individual:

25 (i) was actually killed by the defendant, or

26 (ii) received physical injuries personally

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1 inflicted by the defendant substantially

2 contemporaneously with physical injuries caused by

3 one or more persons for whose conduct the

4 defendant is legally accountable under Section 5-2

5 of this Code, and the physical injuries inflicted

6 by either the defendant or the other person or

7 persons for whose conduct he is legally

8 accountable caused the death of the murdered

9 individual; and

10 (b) in performing the acts which caused the death

11 of the murdered individual or which resulted in

12 physical injuries personally inflicted by the

13 defendant on the murdered individual under the

14 circumstances of subdivision (ii) of subparagraph (a)

15 of paragraph (6) of subsection (b) of this Section,

16 the defendant acted with the intent to kill the

17 murdered individual or with the knowledge that his

18 acts created a strong probability of death or great

19 bodily harm to the murdered individual or another; and

20 (c) the other felony was an inherently violent

21 crime or the attempt to commit an inherently violent

22 crime. In this subparagraph (c), "inherently violent

23 crime" includes, but is not limited to, armed robbery,

24 robbery, predatory criminal sexual assault of a child,

25 aggravated criminal sexual assault, aggravated

26 kidnapping, aggravated vehicular hijacking, aggravated

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1 arson, aggravated stalking, residential burglary, and

2 home invasion; or

3 (7) the murdered individual was under 12 years of age

4 and the death resulted from exceptionally brutal or

5 heinous behavior indicative of wanton cruelty; or

6 (8) the defendant committed the murder with intent to

7 prevent the murdered individual from testifying or

8 participating in any criminal investigation or prosecution

9 or giving material assistance to the State in any

10 investigation or prosecution, either against the defendant

11 or another; or the defendant committed the murder because

12 the murdered individual was a witness in any prosecution

13 or gave material assistance to the State in any

14 investigation or prosecution, either against the defendant

15 or another; for purposes of this paragraph (8),

16 "participating in any criminal investigation or

17 prosecution" is intended to include those appearing in the

18 proceedings in any capacity such as trial judges,

19 prosecutors, defense attorneys, investigators, witnesses,

20 or jurors; or

21 (9) the defendant, while committing an offense

22 punishable under Sections 401, 401.1, 401.2, 405, 405.2,

23 407 or 407.1 or subsection (b) of Section 404 of the

24 Illinois Controlled Substances Act, or while engaged in a

25 conspiracy or solicitation to commit such offense,

26 intentionally killed an individual or counseled,

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1 commanded, induced, procured or caused the intentional

2 killing of the murdered individual; or

3 (10) the defendant was incarcerated in an institution

4 or facility of the Department of Corrections at the time

5 of the murder, and while committing an offense punishable

6 as a felony under Illinois law, or while engaged in a

7 conspiracy or solicitation to commit such offense,

8 intentionally killed an individual or counseled,

9 commanded, induced, procured or caused the intentional

10 killing of the murdered individual; or

11 (11) the murder was committed in a cold, calculated

12 and premeditated manner pursuant to a preconceived plan,

13 scheme or design to take a human life by unlawful means,

14 and the conduct of the defendant created a reasonable

15 expectation that the death of a human being would result

16 therefrom; or

17 (12) the murdered individual was an emergency medical

18 technician - ambulance, emergency medical technician -

19 intermediate, emergency medical technician - paramedic,

20 ambulance driver, or other medical assistance or first aid

21 personnel, employed by a municipality or other

22 governmental unit, killed in the course of performing his

23 official duties, to prevent the performance of his

24 official duties, or in retaliation for performing his

25 official duties, and the defendant knew or should have

26 known that the murdered individual was an emergency

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1 medical technician - ambulance, emergency medical

2 technician - intermediate, emergency medical technician -

3 paramedic, ambulance driver, or other medical assistance

4 or first aid personnel; or

5 (13) the defendant was a principal administrator,

6 organizer, or leader of a calculated criminal drug

7 conspiracy consisting of a hierarchical position of

8 authority superior to that of all other members of the

9 conspiracy, and the defendant counseled, commanded,

10 induced, procured, or caused the intentional killing of

11 the murdered person; or

12 (14) the murder was intentional and involved the

13 infliction of torture. For the purpose of this Section

14 torture means the infliction of or subjection to extreme

15 physical pain, motivated by an intent to increase or

16 prolong the pain, suffering or agony of the victim; or

17 (15) the murder was committed as a result of the

18 intentional discharge of a firearm by the defendant from a

19 motor vehicle and the victim was not present within the

20 motor vehicle; or

21 (16) the murdered individual was 60 years of age or

22 older and the death resulted from exceptionally brutal or

23 heinous behavior indicative of wanton cruelty; or

24 (17) the murdered individual was a person with a

25 disability and the defendant knew or should have known

26 that the murdered individual was a person with a

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1 disability. For purposes of this paragraph (17), "person

2 with a disability" means a person who suffers from a

3 permanent physical or mental impairment resulting from

4 disease, an injury, a functional disorder, or a congenital

5 condition that renders the person incapable of adequately

6 providing for his or her own health or personal care; or

7 (18) the murder was committed by reason of any

8 person's activity as a community policing volunteer or to

9 prevent any person from engaging in activity as a

10 community policing volunteer; or

11 (19) the murdered individual was subject to an order

12 of protection and the murder was committed by a person

13 against whom the same order of protection was issued under

14 the Illinois Domestic Violence Act of 1986; or

15 (20) the murdered individual was known by the

16 defendant to be a teacher or other person employed in any

17 school and the teacher or other employee is upon the

18 grounds of a school or grounds adjacent to a school, or is

19 in any part of a building used for school purposes; or

20 (21) the murder was committed by the defendant in

21 connection with or as a result of the offense of terrorism

22 as defined in Section 29D-14.9 of this Code; or

23 (22) the murdered individual was a member of a

24 congregation engaged in prayer or other religious

25 activities at a church, synagogue, mosque, or other

26 building, structure, or place used for religious worship.

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1 (b-5) Aggravating Factor; Natural Life Imprisonment. A

2 defendant who has been found guilty of first degree murder and

3 who at the time of the commission of the offense had attained

4 the age of 18 years or more may be sentenced to natural life

5 imprisonment if (i) the murdered individual was a physician,

6 physician assistant, psychologist, nurse, or advanced practice

7 registered nurse, (ii) the defendant knew or should have known

8 that the murdered individual was a physician, physician

9 assistant, psychologist, nurse, or advanced practice

10 registered nurse, and (iii) the murdered individual was killed

11 in the course of acting in his or her capacity as a physician,

12 physician assistant, psychologist, nurse, or advanced practice

13 registered nurse, or to prevent him or her from acting in that

14 capacity, or in retaliation for his or her acting in that

15 capacity.

16 (c) Consideration of factors in Aggravation and

17 Mitigation.

18 The court shall consider, or shall instruct the jury to

19 consider any aggravating and any mitigating factors which are

20 relevant to the imposition of the death penalty. Aggravating

21 factors may include but need not be limited to those factors

22 set forth in subsection (b). Mitigating factors may include

23 but need not be limited to the following:

24 (1) the defendant has no significant history of prior

25 criminal activity;

26 (2) the murder was committed while the defendant was

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1 under the influence of extreme mental or emotional

2 disturbance, although not such as to constitute a defense

3 to prosecution;

4 (3) the murdered individual was a participant in the

5 defendant's homicidal conduct or consented to the

6 homicidal act;

7 (4) the defendant acted under the compulsion of threat

8 or menace of the imminent infliction of death or great

9 bodily harm;

10 (5) the defendant was not personally present during

11 commission of the act or acts causing death;

12 (6) the defendant's background includes a history of

13 extreme emotional or physical abuse;

14 (7) the defendant suffers from a reduced mental

15 capacity.

16 Provided, however, that an action that does not otherwise

17 mitigate first degree murder cannot qualify as a mitigating

18 factor for first degree murder because of the discovery,

19 knowledge, or disclosure of the victim's sexual orientation as

20 defined in Section 1-103 of the Illinois Human Rights Act.

21 (d) Separate sentencing hearing.

22 Where requested by the State, the court shall conduct a

23 separate sentencing proceeding to determine the existence of

24 factors set forth in subsection (b) and to consider any

25 aggravating or mitigating factors as indicated in subsection

26 (c). The proceeding shall be conducted:

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1 (1) before the jury that determined the defendant's

2 guilt; or

3 (2) before a jury impanelled for the purpose of the

4 proceeding if:

5 A. the defendant was convicted upon a plea of

6 guilty; or

7 B. the defendant was convicted after a trial

8 before the court sitting without a jury; or

9 C. the court for good cause shown discharges the

10 jury that determined the defendant's guilt; or

11 (3) before the court alone if the defendant waives a

12 jury for the separate proceeding.

13 (e) Evidence and Argument.

14 During the proceeding any information relevant to any of

15 the factors set forth in subsection (b) may be presented by

16 either the State or the defendant under the rules governing

17 the admission of evidence at criminal trials. Any information

18 relevant to any additional aggravating factors or any

19 mitigating factors indicated in subsection (c) may be

20 presented by the State or defendant regardless of its

21 admissibility under the rules governing the admission of

22 evidence at criminal trials. The State and the defendant shall

23 be given fair opportunity to rebut any information received at

24 the hearing.

25 (f) Proof.

26 The burden of proof of establishing the existence of any

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1 of the factors set forth in subsection (b) is on the State and

2 shall not be satisfied unless established beyond a reasonable

3 doubt.

4 (g) Procedure - Jury.

5 If at the separate sentencing proceeding the jury finds

6 that none of the factors set forth in subsection (b) exists,

7 the court shall sentence the defendant to a term of

8 imprisonment under Chapter V of the Unified Code of

9 Corrections. If there is a unanimous finding by the jury that

10 one or more of the factors set forth in subsection (b) exist,

11 the jury shall consider aggravating and mitigating factors as

12 instructed by the court and shall determine whether the

13 sentence of death shall be imposed. If the jury determines

14 unanimously, after weighing the factors in aggravation and

15 mitigation, that death is the appropriate sentence, the court

16 shall sentence the defendant to death. If the court does not

17 concur with the jury determination that death is the

18 appropriate sentence, the court shall set forth reasons in

19 writing including what facts or circumstances the court relied

20 upon, along with any relevant documents, that compelled the

21 court to non-concur with the sentence. This document and any

22 attachments shall be part of the record for appellate review.

23 The court shall be bound by the jury's sentencing

24 determination.

25 If after weighing the factors in aggravation and

26 mitigation, one or more jurors determines that death is not

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1 the appropriate sentence, the court shall sentence the

2 defendant to a term of imprisonment under Chapter V of the

3 Unified Code of Corrections.

4 (h) Procedure - No Jury.

5 In a proceeding before the court alone, if the court finds

6 that none of the factors found in subsection (b) exists, the

7 court shall sentence the defendant to a term of imprisonment

8 under Chapter V of the Unified Code of Corrections.

9 If the Court determines that one or more of the factors set

10 forth in subsection (b) exists, the Court shall consider any

11 aggravating and mitigating factors as indicated in subsection

12 (c). If the Court determines, after weighing the factors in

13 aggravation and mitigation, that death is the appropriate

14 sentence, the Court shall sentence the defendant to death.

15 If the court finds that death is not the appropriate

16 sentence, the court shall sentence the defendant to a term of

17 imprisonment under Chapter V of the Unified Code of

18 Corrections.

19 (h-5) Decertification as a capital case.

20 In a case in which the defendant has been found guilty of

21 first degree murder by a judge or jury, or a case on remand for

22 resentencing, and the State seeks the death penalty as an

23 appropriate sentence, on the court's own motion or the written

24 motion of the defendant, the court may decertify the case as a

25 death penalty case if the court finds that the only evidence

26 supporting the defendant's conviction is the uncorroborated

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1 testimony of an informant witness, as defined in Section

2 115-21 of the Code of Criminal Procedure of 1963, concerning

3 the confession or admission of the defendant or that the sole

4 evidence against the defendant is a single eyewitness or

5 single accomplice without any other corroborating evidence. If

6 the court decertifies the case as a capital case under either

7 of the grounds set forth above, the court shall issue a written

8 finding. The State may pursue its right to appeal the

9 decertification pursuant to Supreme Court Rule 604(a)(1). If

10 the court does not decertify the case as a capital case, the

11 matter shall proceed to the eligibility phase of the

12 sentencing hearing.

13 (i) Appellate Procedure.

14 The conviction and sentence of death shall be subject to

15 automatic review by the Supreme Court. Such review shall be in

16 accordance with rules promulgated by the Supreme Court. The

17 Illinois Supreme Court may overturn the death sentence, and

18 order the imposition of imprisonment under Chapter V of the

19 Unified Code of Corrections if the court finds that the death

20 sentence is fundamentally unjust as applied to the particular

21 case. If the Illinois Supreme Court finds that the death

22 sentence is fundamentally unjust as applied to the particular

23 case, independent of any procedural grounds for relief, the

24 Illinois Supreme Court shall issue a written opinion

25 explaining this finding.

26 (j) Disposition of reversed death sentence.

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1 In the event that the death penalty in this Act is held to

2 be unconstitutional by the Supreme Court of the United States

3 or of the State of Illinois, any person convicted of first

4 degree murder shall be sentenced by the court to a term of

5 imprisonment under Chapter V of the Unified Code of

6 Corrections.

7 In the event that any death sentence pursuant to the

8 sentencing provisions of this Section is declared

9 unconstitutional by the Supreme Court of the United States or

10 of the State of Illinois, the court having jurisdiction over a

11 person previously sentenced to death shall cause the defendant

12 to be brought before the court, and the court shall sentence

13 the defendant to a term of imprisonment under Chapter V of the

14 Unified Code of Corrections.

15 (k) Guidelines for seeking the death penalty.

16 The Attorney General and State's Attorneys Association

17 shall consult on voluntary guidelines for procedures governing

18 whether or not to seek the death penalty. The guidelines do not

19 have the force of law and are only advisory in nature.

20 (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;

21 100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652.)

22 (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)

23 Sec. 33-3. Official misconduct.

24 (a) A public officer or employee or special government

25 agent commits misconduct when, in his official capacity or

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1 capacity as a special government agent, he or she commits any

2 of the following acts:

3 (1) Intentionally or recklessly fails to perform any

4 mandatory duty as required by law; or

5 (2) Knowingly performs an act which he knows he is

6 forbidden by law to perform; or

7 (3) With intent to obtain a personal advantage for

8 himself or another, he performs an act in excess of his

9 lawful authority; or

10 (4) Solicits or knowingly accepts for the performance

11 of any act a fee or reward which he knows is not authorized

12 by law.

13 (b) An employee of a law enforcement agency commits

14 misconduct when he or she knowingly uses or communicates,

15 directly or indirectly, information acquired in the course of

16 employment, with the intent to obstruct, impede, or prevent

17 the investigation, apprehension, or prosecution of any

18 criminal offense or person. Nothing in this subsection (b)

19 shall be construed to impose liability for communicating to a

20 confidential resource, who is participating or aiding law

21 enforcement, in an ongoing investigation.

22 (c) A public officer or employee or special government

23 agent convicted of violating any provision of this Section

24 forfeits his or her office or employment or position as a

25 special government agent. In addition, he or she commits a

26 Class 3 felony.

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1 (d) For purposes of this Section~~:~~

2 ~~"Special~~ , "special government agent" has the meaning

3 ascribed to it in subsection (l) of Section 4A-101 of the

4 Illinois Governmental Ethics Act.

5 (Source: P.A. 98-867, eff. 1-1-15; 101-652.)

6 (720 ILCS 5/7-15 rep.)

7 (720 ILCS 5/7-16 rep.)

8 (720 ILCS 5/33-9 rep.)

9 Section 215. The Criminal Code of 2012 is amended by

10 repealing Sections 7-15, 7-16, and 33-9.

11 Section 220. The Code of Criminal Procedure of 1963 is

12 amended by changing the heading of Article 110 and by changing

13 Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,

14 106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1,

15 110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,

16 110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1,

17 115-4.1, and 122-6 as follows:

18 (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)

19 Sec. 102-6. ~~Pretrial release~~ "Bail".

20 ~~"Pretrial release"~~ "Bail" ~~has the meaning ascribed to bail~~

21 ~~in Section 9 of Article I of the Illinois Constitution that is~~

22 ~~non-monetary~~ means the amount of money set by the court which

23 is required to be obligated and secured as provided by law for

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1 the release of a person in custody in order that he will appear

2 before the court in which his appearance may be required and

3 that he will comply with such conditions as set forth in the

4 bail bond.

5 (Source: Laws 1963, p. 2836; P.A. 101-652.)

6 (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)

7 Sec. 102-7. ~~Conditions of pretrial release~~ "Bail bond".

8 ~~"Conditions of pretrial release"~~ "Bail bond" means ~~the~~

9 ~~conditions established by the court~~ an undertaking secured by

10 bailentered into by a person in custody by which he binds

11 himself to comply with such conditions as are set forth

12 therein.

13 (Source: Laws 1963, p. 2836; P.A. 101-652.)

14 (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)

15 Sec. 103-5. Speedy trial.)

16 (a) Every person in custody in this State for an alleged

17 offense shall be tried by the court having jurisdiction within

18 120 days from the date he or she was taken into custody unless

19 delay is occasioned by the defendant, by an examination for

20 fitness ordered pursuant to Section 104-13 of this Act, by a

21 fitness hearing, by an adjudication of unfitness to stand

22 trial, by a continuance allowed pursuant to Section 114-4 of

23 this Act after a court's determination of the defendant's

24 physical incapacity for trial, or by an interlocutory appeal.

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1 Delay shall be considered to be agreed to by the defendant

2 unless he or she objects to the delay by making a written

3 demand for trial or an oral demand for trial on the record. The

4 provisions of this subsection (a) do not apply to a person on

5 ~~pretrial release~~ bailor recognizance for an offense but who

6 is in custody for a violation of his or her parole, aftercare

7 release, or mandatory supervised release for another offense.

8 The 120-day term must be one continuous period of

9 incarceration. In computing the 120-day term, separate periods

10 of incarceration may not be combined. If a defendant is taken

11 into custody a second (or subsequent) time for the same

12 offense, the term will begin again at day zero.

13 (b) Every person on ~~pretrial release~~ bail or recognizance

14 shall be tried by the court having jurisdiction within 160

15 days from the date defendant demands trial unless delay is

16 occasioned by the defendant, by an examination for fitness

17 ordered pursuant to Section 104-13 of this Act, by a fitness

18 hearing, by an adjudication of unfitness to stand trial, by a

19 continuance allowed pursuant to Section 114-4 of this Act

20 after a court's determination of the defendant's physical

21 incapacity for trial, or by an interlocutory appeal. The

22 defendant's failure to appear for any court date set by the

23 court operates to waive the defendant's demand for trial made

24 under this subsection.

25 For purposes of computing the 160 day period under this

26 subsection (b), every person who was in custody for an alleged

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1 offense and demanded trial and is subsequently released on

2 ~~pretrial release~~ bailor recognizance and demands trial, shall

3 be given credit for time spent in custody following the making

4 of the demand while in custody. Any demand for trial made under

5 this subsection (b) shall be in writing; and in the case of a

6 defendant not in custody, the demand for trial shall include

7 the date of any prior demand made under this provision while

8 the defendant was in custody.

9 (c) If the court determines that the State has exercised

10 without success due diligence to obtain evidence material to

11 the case and that there are reasonable grounds to believe that

12 such evidence may be obtained at a later day the court may

13 continue the cause on application of the State for not more

14 than an additional 60 days. If the court determines that the

15 State has exercised without success due diligence to obtain

16 results of DNA testing that is material to the case and that

17 there are reasonable grounds to believe that such results may

18 be obtained at a later day, the court may continue the cause on

19 application of the State for not more than an additional 120

20 days.

21 (d) Every person not tried in accordance with subsections

22 (a), (b) and (c) of this Section shall be discharged from

23 custody or released from the obligations of his~~pretrial~~

24 ~~release~~ bail or recognizance.

25 (e) If a person is simultaneously in custody upon more

26 than one charge pending against him in the same county, or

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1 simultaneously demands trial upon more than one charge pending

2 against him in the same county, he shall be tried, or adjudged

3 guilty after waiver of trial, upon at least one such charge

4 before expiration relative to any of such pending charges of

5 the period prescribed by subsections (a) and (b) of this

6 Section. Such person shall be tried upon all of the remaining

7 charges thus pending within 160 days from the date on which

8 judgment relative to the first charge thus prosecuted is

9 rendered pursuant to the Unified Code of Corrections or, if

10 such trial upon such first charge is terminated without

11 judgment and there is no subsequent trial of, or adjudication

12 of guilt after waiver of trial of, such first charge within a

13 reasonable time, the person shall be tried upon all of the

14 remaining charges thus pending within 160 days from the date

15 on which such trial is terminated; if either such period of 160

16 days expires without the commencement of trial of, or

17 adjudication of guilt after waiver of trial of, any of such

18 remaining charges thus pending, such charge or charges shall

19 be dismissed and barred for want of prosecution unless delay

20 is occasioned by the defendant, by an examination for fitness

21 ordered pursuant to Section 104-13 of this Act, by a fitness

22 hearing, by an adjudication of unfitness for trial, by a

23 continuance allowed pursuant to Section 114-4 of this Act

24 after a court's determination of the defendant's physical

25 incapacity for trial, or by an interlocutory appeal; provided,

26 however, that if the court determines that the State has

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1 exercised without success due diligence to obtain evidence

2 material to the case and that there are reasonable grounds to

3 believe that such evidence may be obtained at a later day the

4 court may continue the cause on application of the State for

5 not more than an additional 60 days.

6 (f) Delay occasioned by the defendant shall temporarily

7 suspend for the time of the delay the period within which a

8 person shall be tried as prescribed by subsections (a), (b),

9 or (e) of this Section and on the day of expiration of the

10 delay the said period shall continue at the point at which it

11 was suspended. Where such delay occurs within 21 days of the

12 end of the period within which a person shall be tried as

13 prescribed by subsections (a), (b), or (e) of this Section,

14 the court may continue the cause on application of the State

15 for not more than an additional 21 days beyond the period

16 prescribed by subsections (a), (b), or (e). This subsection

17 (f) shall become effective on, and apply to persons charged

18 with alleged offenses committed on or after, March 1, 1977.

19 (Source: P.A. 98-558, eff. 1-1-14; 101-652.)

20 (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)

21 Sec. 103-7. Posting notice of rights.

22 Every sheriff, chief of police or other person who is in

23 charge of any jail, police station or other building where

24 persons under arrest are held in custody pending

25 investigation, ~~pretrial release~~ bail or other criminal

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1 proceedings, shall post in every room, other than cells, of

2 such buildings where persons are held in custody, in

3 conspicuous places where it may be seen and read by persons in

4 custody and others, a poster, printed in large type,

5 containing a verbatim copy in the English language of the

6 provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,

7 110-4, and sub-parts (a) and (b) of Sections 110-7 and 113-3 of

8 this Code. Each person who is in charge of any courthouse or

9 other building in which any trial of an offense is conducted

10 shall post in each room primarily used for such trials and in

11 each room in which defendants are confined or wait, pending

12 trial, in conspicuous places where it may be seen and read by

13 persons in custody and others, a poster, printed in large

14 type, containing a verbatim copy in the English language of

15 the provisions of Sections 103-6, 113-1, 113-4 and 115-1 and

16 of subparts (a) and (b) of Section 113-3 of this Code.

17 (Source: Laws 1965, p. 2622; P.A. 101-652.)

18 (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)

19 Sec. 103-9. Bail bondsmen. No bail bondsman from any state

20 may seize or transport unwillingly any person found in this

21 State who is allegedly in violation of a bail bond posted in

22 some other state ~~or conditions of pretrial release~~. The return

23 of any such person to another state may be accomplished only as

24 provided by the laws of this State. Any bail bondsman who

25 violates this Section is fully subject to the criminal and

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1 civil penalties provided by the laws of this State for his

2 actions.

3 (Source: P.A. 84-694; 101-652.)

4 (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)

5 Sec. 104-13. Fitness Examination.

6 (a) When the issue of fitness involves the defendant's

7 mental condition, the court shall order an examination of the

8 defendant by one or more licensed physicians, clinical

9 psychologists, or psychiatrists chosen by the court. No

10 physician, clinical psychologist or psychiatrist employed by

11 the Department of Human Services shall be ordered to perform,

12 in his official capacity, an examination under this Section.

13 (b) If the issue of fitness involves the defendant's

14 physical condition, the court shall appoint one or more

15 physicians and in addition, such other experts as it may deem

16 appropriate to examine the defendant and to report to the

17 court regarding the defendant's condition.

18 (c) An examination ordered under this Section shall be

19 given at the place designated by the person who will conduct

20 the examination, except that if the defendant is being held in

21 custody, the examination shall take place at such location as

22 the court directs. No examinations under this Section shall be

23 ordered to take place at mental health or developmental

24 disabilities facilities operated by the Department of Human

25 Services. If the defendant fails to keep appointments without

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1 reasonable cause or if the person conducting the examination

2 reports to the court that diagnosis requires hospitalization

3 or extended observation, the court may order the defendant

4 admitted to an appropriate facility for an examination, other

5 than a screening examination, for not more than 7 days. The

6 court may, upon a showing of good cause, grant an additional 7

7 days to complete the examination.

8 (d) Release on ~~pretrial release~~ bail or on recognizance

9 shall not be revoked and an application therefor shall not be

10 denied on the grounds that an examination has been ordered.

11 (e) Upon request by the defense and if the defendant is

12 indigent, the court may appoint, in addition to the expert or

13 experts chosen pursuant to subsection (a) of this Section, a

14 qualified expert selected by the defendant to examine him and

15 to make a report as provided in Section 104-15. Upon the filing

16 with the court of a verified statement of services rendered,

17 the court shall enter an order on the county board to pay such

18 expert a reasonable fee stated in the order.

19 (Source: P.A. 89-507, eff. 7-1-97; 101-652.)

20 (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)

21 Sec. 104-17. Commitment for treatment; treatment plan.

22 (a) If the defendant is eligible to be or has been released

23 on ~~pretrial release~~ bailor on his own recognizance, the court

24 shall select the least physically restrictive form of

25 treatment therapeutically appropriate and consistent with the

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1 treatment plan. The placement may be ordered either on an

2 inpatient or an outpatient basis.

3 (b) If the defendant's disability is mental, the court may

4 order him placed for treatment in the custody of the

5 Department of Human Services, or the court may order him

6 placed in the custody of any other appropriate public or

7 private mental health facility or treatment program which has

8 agreed to provide treatment to the defendant. If the court

9 orders the defendant placed in the custody of the Department

10 of Human Services, the Department shall evaluate the defendant

11 to determine to which secure facility the defendant shall be

12 transported and, within 20 days of the transmittal by the

13 clerk of the circuit court of the placement court order,

14 notify the sheriff of the designated facility. Upon receipt of

15 that notice, the sheriff shall promptly transport the

16 defendant to the designated facility. If the defendant is

17 placed in the custody of the Department of Human Services, the

18 defendant shall be placed in a secure setting. During the

19 period of time required to determine the appropriate placement

20 the defendant shall remain in jail. If during the course of

21 evaluating the defendant for placement, the Department of

22 Human Services determines that the defendant is currently fit

23 to stand trial, it shall immediately notify the court and

24 shall submit a written report within 7 days. In that

25 circumstance the placement shall be held pending a court

26 hearing on the Department's report. Otherwise, upon completion

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1 of the placement process, the sheriff shall be notified and

2 shall transport the defendant to the designated facility. If,

3 within 20 days of the transmittal by the clerk of the circuit

4 court of the placement court order, the Department fails to

5 notify the sheriff of the identity of the facility to which the

6 defendant shall be transported, the sheriff shall contact a

7 designated person within the Department to inquire about when

8 a placement will become available at the designated facility

9 and bed availability at other facilities. If, within 20 days

10 of the transmittal by the clerk of the circuit court of the

11 placement court order, the Department fails to notify the

12 sheriff of the identity of the facility to which the defendant

13 shall be transported, the sheriff shall notify the Department

14 of its intent to transfer the defendant to the nearest secure

15 mental health facility operated by the Department and inquire

16 as to the status of the placement evaluation and availability

17 for admission to such facility operated by the Department by

18 contacting a designated person within the Department. The

19 Department shall respond to the sheriff within 2 business days

20 of the notice and inquiry by the sheriff seeking the transfer

21 and the Department shall provide the sheriff with the status

22 of the evaluation, information on bed and placement

23 availability, and an estimated date of admission for the

24 defendant and any changes to that estimated date of admission.

25 If the Department notifies the sheriff during the 2 business

26 day period of a facility operated by the Department with

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1 placement availability, the sheriff shall promptly transport

2 the defendant to that facility. The placement may be ordered

3 either on an inpatient or an outpatient basis.

4 (c) If the defendant's disability is physical, the court

5 may order him placed under the supervision of the Department

6 of Human Services which shall place and maintain the defendant

7 in a suitable treatment facility or program, or the court may

8 order him placed in an appropriate public or private facility

9 or treatment program which has agreed to provide treatment to

10 the defendant. The placement may be ordered either on an

11 inpatient or an outpatient basis.

12 (d) The clerk of the circuit court shall within 5 days of

13 the entry of the order transmit to the Department, agency or

14 institution, if any, to which the defendant is remanded for

15 treatment, the following:

16 (1) a certified copy of the order to undergo

17 treatment. Accompanying the certified copy of the order to

18 undergo treatment shall be the complete copy of any report

19 prepared under Section 104-15 of this Code or other report

20 prepared by a forensic examiner for the court;

21 (2) the county and municipality in which the offense

22 was committed;

23 (3) the county and municipality in which the arrest

24 took place;

25 (4) a copy of the arrest report, criminal charges,

26 arrest record; and

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1 (5) all additional matters which the Court directs the

2 clerk to transmit.

3 (e) Within 30 days of entry of an order to undergo

4 treatment, the person supervising the defendant's treatment

5 shall file with the court, the State, and the defense a report

6 assessing the facility's or program's capacity to provide

7 appropriate treatment for the defendant and indicating his

8 opinion as to the probability of the defendant's attaining

9 fitness within a period of time from the date of the finding of

10 unfitness. For a defendant charged with a felony, the period

11 of time shall be one year. For a defendant charged with a

12 misdemeanor, the period of time shall be no longer than the

13 sentence if convicted of the most serious offense. If the

14 report indicates that there is a substantial probability that

15 the defendant will attain fitness within the time period, the

16 treatment supervisor shall also file a treatment plan which

17 shall include:

18 (1) A diagnosis of the defendant's disability;

19 (2) A description of treatment goals with respect to

20 rendering the defendant fit, a specification of the

21 proposed treatment modalities, and an estimated timetable

22 for attainment of the goals;

23 (3) An identification of the person in charge of

24 supervising the defendant's treatment.

25 (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18;

26 101-652.)

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1 (725 ILCS 5/106D-1)

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

3 Sec. 106D-1. Defendant's appearance by closed circuit

4 television and video conference.

5 (a) Whenever the appearance in person in court, in either

6 a civil or criminal proceeding, is required of anyone held in a

7 place of custody or confinement operated by the State or any of

8 its political subdivisions, including counties and

9 municipalities, the chief judge of the circuit by rule may

10 permit the personal appearance to be made by means of two-way

11 audio-visual communication, including closed circuit

12 television and computerized video conference, in the following

13 proceedings:

14 (1) the initial appearance before a judge on a

15 criminal complaint, at which bail will be set;

16 (2) the waiver of a preliminary hearing;

17 (3) the arraignment on an information or indictment at

18 which a plea of not guilty will be entered;

19 (4) the presentation of a jury waiver;

20 (5) any status hearing;

21 (6) any hearing conducted under the Sexually Violent

22 Persons Commitment Act at which no witness testimony will

23 be taken; and

24 (7) at any hearing at which no witness testimony will

25 be taken conducted under the following:

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1 (A) Section 104-20 of this Code (90-day hearings);

2 (B) Section 104-22 of this Code (trial with

3 special provisions and assistance);

4 (C) Section 104-25 of this Code (discharge

5 hearing); or

6 (D) Section 5-2-4 of the Unified Code of

7 Corrections (proceedings after acquittal by reason of

8 insanity).

9 (b) The two-way audio-visual communication facilities must

10 provide two-way audio-visual communication between the court

11 and the place of custody or confinement, and must include a

12 secure line over which the person in custody and his or her

13 counsel, if any, may communicate.

14 (c) Nothing in this Section shall be construed to prohibit

15 other court appearances through the use of two-way

16 audio-visual communication, upon waiver of any right the

17 person in custody or confinement may have to be present

18 physically.

19 (d) Nothing in this Section shall be construed to

20 establish a right of any person held in custody or confinement

21 to appear in court through two-way audio-visual communication

22 or to require that any governmental entity, or place of

23 custody or confinement, provide two-way audio-visual

24 communication.

25 (Source: P.A. 102-486, eff. 8-20-21.)

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

2 Sec. 106D-1. Defendant's appearance by closed circuit

3 television and video conference.

4 (a) Whenever the appearance in person in court, in either

5 a civil or criminal proceeding, is required of anyone held in a

6 place of custody or confinement operated by the State or any of

7 its political subdivisions, including counties and

8 municipalities, the chief judge of the circuit by rule may

9 permit the personal appearance to be made by means of two-way

10 audio-visual communication, including closed circuit

11 television and computerized video conference, in the following

12 proceedings:

13 (1) the initial appearance before a judge on a

14 criminal complaint, at which ~~the conditions of pretrial~~

15 ~~release~~ bail will be set;

16 (2) the waiver of a preliminary hearing;

17 (3) the arraignment on an information or indictment at

18 which a plea of not guilty will be entered;

19 (4) the presentation of a jury waiver;

20 (5) any status hearing;

21 (6) any hearing conducted under the Sexually Violent

22 Persons Commitment Act at which no witness testimony will

23 be taken; and

24 (7) at any hearing at which no witness testimony will

25 be taken conducted under the following:

26 (A) Section 104-20 of this Code (90-day hearings);

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1 (B) Section 104-22 of this Code (trial with

2 special provisions and assistance);

3 (C) Section 104-25 of this Code (discharge

4 hearing); or

5 (D) Section 5-2-4 of the Unified Code of

6 Corrections (proceedings after acquittal by reason of

7 insanity).

8 (b) The two-way audio-visual communication facilities must

9 provide two-way audio-visual communication between the court

10 and the place of custody or confinement, and must include a

11 secure line over which the person in custody and his or her

12 counsel, if any, may communicate.

13 (c) Nothing in this Section shall be construed to prohibit

14 other court appearances through the use of two-way

15 audio-visual communication, upon waiver of any right the

16 person in custody or confinement may have to be present

17 physically.

18 (d) Nothing in this Section shall be construed to

19 establish a right of any person held in custody or confinement

20 to appear in court through two-way audio-visual communication

21 or to require that any governmental entity, or place of

22 custody or confinement, provide two-way audio-visual

23 communication.

24 (Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;

25 revised 10-12-21.)

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1 (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)

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

3 Sec. 107-4. Arrest by peace officer from other

4 jurisdiction.

5 (a) As used in this Section:

6 (1) "State" means any State of the United States and

7 the District of Columbia.

8 (2) "Peace Officer" means any peace officer or member

9 of any duly organized State, County, or Municipal peace

10 unit, any police force of another State, the United States

11 Department of Defense, or any police force whose members,

12 by statute, are granted and authorized to exercise powers

13 similar to those conferred upon any peace officer employed

14 by a law enforcement agency of this State.

15 (3) "Fresh pursuit" means the immediate pursuit of a

16 person who is endeavoring to avoid arrest.

17 (4) "Law enforcement agency" means a municipal police

18 department or county sheriff's office of this State.

19 (a-3) Any peace officer employed by a law enforcement

20 agency of this State may conduct temporary questioning

21 pursuant to Section 107-14 of this Code and may make arrests in

22 any jurisdiction within this State: (1) if the officer is

23 engaged in the investigation of criminal activity that

24 occurred in the officer's primary jurisdiction and the

25 temporary questioning or arrest relates to, arises from, or is

26 conducted pursuant to that investigation; or (2) if the

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1 officer, while on duty as a peace officer, becomes personally

2 aware of the immediate commission of a felony or misdemeanor

3 violation of the laws of this State; or (3) if the officer,

4 while on duty as a peace officer, is requested by an

5 appropriate State or local law enforcement official to render

6 aid or assistance to the requesting law enforcement agency

7 that is outside the officer's primary jurisdiction; or (4) in

8 accordance with Section 2605-580 of the Illinois State Police

9 Law of the Civil Administrative Code of Illinois. While acting

10 pursuant to this subsection, an officer has the same authority

11 as within his or her own jurisdiction.

12 (a-7) The law enforcement agency of the county or

13 municipality in which any arrest is made under this Section

14 shall be immediately notified of the arrest.

15 (b) Any peace officer of another State who enters this

16 State in fresh pursuit and continues within this State in

17 fresh pursuit of a person in order to arrest him on the ground

18 that he has committed an offense in the other State has the

19 same authority to arrest and hold the person in custody as

20 peace officers of this State have to arrest and hold a person

21 in custody on the ground that he has committed an offense in

22 this State.

23 (c) If an arrest is made in this State by a peace officer

24 of another State in accordance with the provisions of this

25 Section he shall without unnecessary delay take the person

26 arrested before the circuit court of the county in which the

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1 arrest was made. Such court shall conduct a hearing for the

2 purpose of determining the lawfulness of the arrest. If the

3 court determines that the arrest was lawful it shall commit

4 the person arrested, to await for a reasonable time the

5 issuance of an extradition warrant by the Governor of this

6 State, or admit him to bail for such purpose. If the court

7 determines that the arrest was unlawful it shall discharge the

8 person arrested.

9 (Source: P.A. 102-538, eff. 8-20-21.)

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

11 Sec. 107-4. Arrest by peace officer from other

12 jurisdiction.

13 (a) As used in this Section:

14 (1) "State" means any State of the United States and

15 the District of Columbia.

16 (2) "Peace Officer" means any peace officer or member

17 of any duly organized State, County, or Municipal peace

18 unit, any police force of another State, the United States

19 Department of Defense, or any police force whose members,

20 by statute, are granted and authorized to exercise powers

21 similar to those conferred upon any peace officer employed

22 by a law enforcement agency of this State.

23 (3) "Fresh pursuit" means the immediate pursuit of a

24 person who is endeavoring to avoid arrest.

25 (4) "Law enforcement agency" means a municipal police

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1 department or county sheriff's office of this State.

2 (a-3) Any peace officer employed by a law enforcement

3 agency of this State may conduct temporary questioning

4 pursuant to Section 107-14 of this Code and may make arrests in

5 any jurisdiction within this State: (1) if the officer is

6 engaged in the investigation of criminal activity that

7 occurred in the officer's primary jurisdiction and the

8 temporary questioning or arrest relates to, arises from, or is

9 conducted pursuant to that investigation; or (2) if the

10 officer, while on duty as a peace officer, becomes personally

11 aware of the immediate commission of a felony or misdemeanor

12 violation of the laws of this State; or (3) if the officer,

13 while on duty as a peace officer, is requested by an

14 appropriate State or local law enforcement official to render

15 aid or assistance to the requesting law enforcement agency

16 that is outside the officer's primary jurisdiction; or (4) in

17 accordance with Section 2605-580 of the Illinois State Police

18 Law of the Civil Administrative Code of Illinois. While acting

19 pursuant to this subsection, an officer has the same authority

20 as within his or her own jurisdiction.

21 (a-7) The law enforcement agency of the county or

22 municipality in which any arrest is made under this Section

23 shall be immediately notified of the arrest.

24 (b) Any peace officer of another State who enters this

25 State in fresh pursuit and continues within this State in

26 fresh pursuit of a person in order to arrest him on the ground

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1 that he has committed an offense in the other State has the

2 same authority to arrest and hold the person in custody as

3 peace officers of this State have to arrest and hold a person

4 in custody on the ground that he has committed an offense in

5 this State.

6 (c) If an arrest is made in this State by a peace officer

7 of another State in accordance with the provisions of this

8 Section he shall without unnecessary delay take the person

9 arrested before the circuit court of the county in which the

10 arrest was made. Such court shall conduct a hearing for the

11 purpose of determining the lawfulness of the arrest. If the

12 court determines that the arrest was lawful it shall commit

13 the person arrested, to await for a reasonable time the

14 issuance of an extradition warrant by the Governor of this

15 State, or admit him to ~~pretrial release~~ bail for such purpose.

16 If the court determines that the arrest was unlawful it shall

17 discharge the person arrested.

18 (Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;

19 revised 10-20-21.)

20 (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)

21 Sec. 107-9. Issuance of arrest warrant upon complaint.

22 (a) When a complaint is presented to a court charging that

23 an offense has been committed it shall examine upon oath or

24 affirmation the complainant or any witnesses.

25 (b) The complaint shall be in writing and shall:

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1 (1) State the name of the accused if known, and if not

2 known the accused may be designated by any name or

3 description by which he can be identified with reasonable

4 certainty;

5 (2) State the offense with which the accused is

6 charged;

7 (3) State the time and place of the offense as

8 definitely as can be done by the complainant; and

9 (4) Be subscribed and sworn to by the complainant.

10 (b-5) If an arrest warrant is sought and the request is

11 made by electronic means that has a simultaneous video and

12 audio transmission between the requester and a judge, the

13 judge may issue an arrest warrant based upon a sworn complaint

14 or sworn testimony communicated in the transmission.

15 (c) A warrant shall be issued by the court for the arrest

16 of the person complained against if it appears from the

17 contents of the complaint and the examination of the

18 complainant or other witnesses, if any, that the person

19 against whom the complaint was made has committed an offense.

20 (d) The warrant of arrest shall:

21 (1) Be in writing;

22 (2) Specify the name, sex and birth date of the person

23 to be arrested or if his name, sex or birth date is

24 unknown, shall designate such person by any name or

25 description by which he can be identified with reasonable

26 certainty;

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1 (3) Set forth the nature of the offense;

2 (4) State the date when issued and the municipality or

3 county where issued;

4 (5) Be signed by the judge of the court with the title

5 of his office;

6 (6) Command that the person against whom the complaint

7 was made be arrested and brought before the court issuing

8 the warrant or if he is absent or unable to act before the

9 nearest or most accessible court in the same county;

10 (7) Specify the ~~conditions of pretrial release~~ amount

11 of bail; and

12 (8) Specify any geographical limitation placed on the

13 execution of the warrant, but such limitation shall not be

14 expressed in mileage.

15 (e) The warrant shall be directed to all peace officers in

16 the State. It shall be executed by the peace officer, or by a

17 private person specially named therein, at any location within

18 the geographic limitation for execution placed on the warrant.

19 If no geographic limitation is placed on the warrant, then it

20 may be executed anywhere in the State.

21 (f) The arrest warrant may be issued electronically or

22 electromagnetically by use of electronic mail or a facsimile

23 transmission machine and any arrest warrant shall have the

24 same validity as a written warrant.

25 (Source: P.A. 101-239, eff. 1-1-20; 101-652.)

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

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

3 ~~custody and court appearance; geographical constraints prevent~~

4 ~~in-person appearances~~.

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

6 ~~offense for which pretrial release may be denied under~~

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

8 without unnecessary delay before the nearest and most

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

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

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

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

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

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

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

16 closed circuit television system, except that a hearing to

17 deny ~~pretrial release~~ bailto the defendant may not be

18 conducted by way of closed circuit television.

19 ~~(a-1) Law enforcement shall issue a citation in lieu of~~

20 ~~custodial arrest, upon proper identification, for those~~

21 ~~accused of traffic and Class B and C criminal misdemeanor~~

22 ~~offenses, or of petty and business offenses, who pose no~~

23 ~~obvious threat to the community or any person, or who have no~~

24 ~~obvious medical or mental health issues that pose a risk to~~

25 ~~their own safety. Those released on citation shall be~~

26 ~~scheduled into court within 21 days.~~

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

2 ~~offense for which pretrial release may not be denied may,~~

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

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

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

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

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

8 ~~discretion under this Section.~~

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

10 counsel at the hearing at which ~~pretrial release~~ bail is

11 determined under Article 110 of this Code. If the defendant

12 desires counsel for his or her initial appearance but is

13 unable to obtain counsel, the court shall appoint a public

14 defender or licensed attorney at law of this State to

15 represent him or her for purposes of that hearing.

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

17 ~~the~~ The judge shall:

18 (1) ~~inform~~ Inform the defendant of the charge against

19 him and shall provide him with a copy of the charge;

20 (2) ~~advise~~ Advise the defendant of his right to

21 counsel and if indigent shall appoint a public defender or

22 licensed attorney at law of this State to represent him in

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

24 Code;

25 (3) ~~schedule~~ Schedule a preliminary hearing in

26 appropriate cases;

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1 (4) ~~admit~~ Admit the defendant to ~~pretrial release~~ bail

2 in accordance with the provisions of Article~~110/5~~ 110 of

3 this Code~~, or upon verified petition of the State, proceed~~

4 ~~with the setting of a detention hearing as provided in~~

5 ~~Section 110-6.1~~; and

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

7 impose travel restrictions on a defendant arrested for

8 first degree murder or other violent crime as defined in

9 Section 3 of the Rights of Crime Victims and Witnesses

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

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

12 ensure the appearance of the defendant and compliance by

13 the defendant with all conditions of release.

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

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

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

17 ~~office of this hearing as required in paragraph (2) of~~

18 ~~subsection (b) of the Rights of Crime Victims and Witnesses~~

19 ~~Act and shall be informed of their opportunity at this hearing~~

20 ~~to obtain an order of protection under Article 112A of this~~

21 ~~Code.~~

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

23 criminal proceeding, the court must advise the defendant in

24 open court that any foreign national who is arrested or

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

26 detention given to his or her country's consular

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1 representatives and the right to communicate with those

2 consular representatives if the notice has not already been

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

4 the defendant.

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

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

7 court shall grant any reasonable request for a continuance of

8 the proceedings to allow contact with the defendant's

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

10 defendant shall temporarily suspend for the time of the delay

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

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

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

14 continue at the point at which it was suspended.

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

16 ~~are determined, the person charged shall be present in person~~

17 ~~rather than by video phone or any other form of electronic~~

18 ~~communication, unless the physical health and safety of the~~

19 ~~person would be endangered by appearing in court or the~~

20 ~~accused waives the right to be present in person.~~

21 ~~(g) Defense counsel shall be given adequate opportunity to~~

22 ~~confer with Defendant prior to any hearing in which conditions~~

23 ~~of release or the detention of the Defendant is to be~~

24 ~~considered, with a physical accommodation made to facilitate~~

25 ~~attorney/client consultation.~~

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

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1 eff. 1-1-18; 101-652.)

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

3 Sec. 109-2. Person arrested in another county. (a) Any

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

5 warrant for his arrest was issued shall be taken without

6 unnecessary delay before the nearest and most accessible judge

7 in the county where the arrest was made or, if no additional

8 delay is created, before the nearest and most accessible judge

9 in the county from which the warrant was issued. ~~Upon arrival~~

10 ~~in the county in which the warrant was issued, the status of~~

11 ~~the arrested person's release status shall be determined by~~

12 ~~the release revocation process described in Section 110-6.~~ He

13 shall be admitted to bail in the amount specified in the

14 warrant or, for offenses other than felonies, in an amount as

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

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

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

18 the same person as named in the warrant.

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

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

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

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

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

24 agency shall surrender such person to a law enforcement agency

25 of the county that issued the warrant without unnecessary

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

2 person so arrested.

3 ~~(c) If a defendant is charged with a felony offense, but~~

4 ~~has a warrant in another county, the defendant shall be taken~~

5 ~~to the county that issued the warrant within 72 hours of the~~

6 ~~completion of condition or detention hearing, so that release~~

7 ~~or detention status can be resolved. This provision shall not~~

8 ~~apply to warrants issued outside of Illinois.~~

9 (Source: P.A. 86-298; 101-652.)

10 (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)

11 Sec. 109-3. Preliminary examination.)

12 (a) The judge shall hold the defendant to answer to the

13 court having jurisdiction of the offense if from the evidence

14 it appears there is probable cause to believe an offense has

15 been committed by the defendant, as provided in Section

16 109-3.1 of this Code, if the offense is a felony.

17 (b) If the defendant waives preliminary examination the

18 judge shall hold him to answer and may, or on the demand of the

19 prosecuting attorney shall, cause the witnesses for the State

20 to be examined. After hearing the testimony if it appears that

21 there is not probable cause to believe the defendant guilty of

22 any offense the judge shall discharge him.

23 (c) During the examination of any witness or when the

24 defendant is making a statement or testifying the judge may

25 and on the request of the defendant or State shall exclude all

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1 other witnesses. He may also cause the witnesses to be kept

2 separate and to be prevented from communicating with each

3 other until all are examined.

4 (d) If the defendant is held to answer the judge may

5 require any material witness for the State or defendant to

6 enter into a written undertaking to appear at the trial, and

7 may provide for the forfeiture of a sum certain in the event

8 the witness does not appear at the trial. Any witness who

9 refuses to execute a recognizance may be committed by the

10 judge to the custody of the sheriff until trial or further

11 order of the court having jurisdiction of the cause. Any

12 witness who executes a recognizance and fails to comply with

13 its terms shall, in addition to any forfeiture provided in the

14 recognizance, be subject to the penalty provided in Section

15 32-10 of the Criminal Code of 2012 for violation of ~~the~~

16 ~~conditions of pretrial release~~ bail bond.

17 (e) During preliminary hearing or examination the

18 defendant may move for an order of suppression of evidence

19 pursuant to Section 114-11 or 114-12 of this Act or for other

20 reasons, and may move for dismissal of the charge pursuant to

21 Section 114-1 of this Act or for other reasons.

22 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

23 (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)

24 Sec. 109-3.1. Persons Charged with Felonies. (a) In any

25 case involving a person charged with a felony in this State,

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1 alleged to have been committed on or after January 1, 1984, the

2 provisions of this Section shall apply.

3 (b) Every person in custody in this State for the alleged

4 commission of a felony shall receive either a preliminary

5 examination as provided in Section 109-3 or an indictment by

6 Grand Jury as provided in Section 111-2, within 30 days from

7 the date he or she was taken into custody. Every person on

8 ~~pretrial release~~bail or recognizance for the alleged

9 commission of a felony shall receive either a preliminary

10 examination as provided in Section 109-3 or an indictment by

11 Grand Jury as provided in Section 111-2, within 60 days from

12 the date he or she was arrested.

13 The provisions of this paragraph shall not apply in the

14 following situations:

15 (1) when delay is occasioned by the defendant; or

16 (2) when the defendant has been indicted by the Grand Jury

17 on the felony offense for which he or she was initially taken

18 into custody or on an offense arising from the same

19 transaction or conduct of the defendant that was the basis for

20 the felony offense or offenses initially charged; or

21 (3) when a competency examination is ordered by the court;

22 or

23 (4) when a competency hearing is held; or

24 (5) when an adjudication of incompetency for trial has

25 been made; or

26 (6) when the case has been continued by the court under

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1 Section 114-4 of this Code after a determination that the

2 defendant is physically incompetent to stand trial.

3 (c) Delay occasioned by the defendant shall temporarily

4 suspend, for the time of the delay, the period within which the

5 preliminary examination must be held. On the day of expiration

6 of the delay the period in question shall continue at the point

7 at which it was suspended.

8 (Source: P.A. 83-644; 101-652.)

9 (725 ILCS 5/Art. 110 heading)

10 ARTICLE 110. ~~PRETRIAL RELEASE~~ BAIL

11 (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)

12 Sec. 110-1. Definitions. (a) ~~(Blank).~~ "Security" is that

13 which is required to be pledged to insure the payment of bail.

14 (b) "Sureties" encompasses the monetary and nonmonetary

15 requirements set by the court as conditions for release either

16 before or after conviction."Surety" is one who executes a

17 bail bond and binds himself to pay the bail if the person in

18 custody fails to comply with all conditions of the bail bond.

19 (c) The phrase "for which a sentence of imprisonment,

20 without conditional and revocable release, shall be imposed by

21 law as a consequence of conviction" means an offense for which

22 a sentence of imprisonment, without probation, periodic

23 imprisonment or conditional discharge, is required by law upon

24 conviction.

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1 (d) ~~(Blank.)~~ "Real and present threat to the physical

2 safety of any person or persons", as used in this Article,

3 includes a threat to the community, person, persons or class

4 of persons.

5 ~~(e) Willful flight means planning or attempting to~~

6 ~~intentionally evade prosecution by concealing oneself. Simple~~

7 ~~past non-appearance in court alone is not evidence of future~~

8 ~~intent to evade prosecution.~~

9 (Source: P.A. 85-892; 101-652.)

10 (725 ILCS 5/110-2) (from Ch. 38, par. 110-2)

11 Sec. 110-2. Release on own recognizance.

12 ~~(a) It is presumed that a defendant is entitled to release~~

13 ~~on personal recognizance on the condition that the defendant~~

14 ~~attend all required court proceedings and the defendant does~~

15 ~~not commit any criminal offense, and complies with all terms~~

16 ~~of pretrial release, including, but not limited to, orders of~~

17 ~~protection under both Section 112A-4 of this Code and Section~~

18 ~~214 of the Illinois Domestic Violence Act of 1986, all civil no~~

19 ~~contact orders, and all stalking no contact orders.~~

20 ~~(b) Additional conditions of release, including those~~

21 ~~highlighted above, shall be set only when it is determined~~

22 ~~that they are necessary to assure the defendant's appearance~~

23 ~~in court, assure the defendant does not commit any criminal~~

24 ~~offense, and complies with all conditions of pretrial release.~~

25 ~~(c) Detention only shall be imposed when it is determined~~

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1 ~~that the defendant poses a specific, real and present threat~~

2 ~~to a person, or has a high likelihood of willful flight. If the~~

3 ~~court deems that the defendant is to be released on personal~~

4 ~~recognizance, the court may require that a written~~

5 ~~admonishment be signed by~~ When from all the circumstances the

6 court is of the opinion that the defendant will appear as

7 required either before or after conviction and the defendant

8 will not pose a danger to any person or the community and that

9 the defendant will comply with all conditions of bond, which

10 shall include the defendant's current address with a written

11 admonishment tothe defendant~~requiring~~ that he or she must

12 comply with the provisions of Section 110-12 of this Code

13 regarding any change in his or her address~~. The~~ , the defendant

14 may be released on his or her own recognizance ~~upon signature~~.

15 The defendant's address shall at all times remain a matter of

16 public record with the clerk of the court. A failure to appear

17 as required by such recognizance shall constitute an offense

18 subject to the penalty provided in Section 32-10 of the

19 Criminal Code of 2012 for violation of the ~~conditions of~~

20 ~~pretrial release~~bail bond, and any obligated sum fixed in the

21 recognizance shall be forfeited and collected in accordance

22 with subsection (g) of Section 110-7 of this Code.

23 ~~(d) If, after the procedures set out in Section 110-6.1,~~

24 ~~the court decides to detain the defendant, the Court must make~~

25 ~~a written finding as to why less restrictive conditions would~~

26 ~~not assure safety to the community and assure the defendant's~~

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1 ~~appearance in court. At each subsequent appearance of the~~

2 ~~defendant before the Court, the judge must find that continued~~

3 ~~detention or the current set of conditions imposed are~~

4 ~~necessary to avoid the specific, real and present threat to~~

5 ~~any person or of willful flight from prosecution to continue~~

6 ~~detention of the defendant. The court is not required to be~~

7 ~~presented with new information or a change in circumstance to~~

8 ~~consider reconsidering pretrial detention on current~~

9 ~~conditions.~~

10 ~~(e)~~ This Section shall be liberally construed to

11 effectuate the purpose of relying upon contempt of court

12 proceedings or criminal sanctions instead of financial loss to

13 assure the appearance of the defendant, and that the defendant

14 will not pose a danger to any person or the community and that

15 the defendant will ~~not pose~~ comply with all conditions of

16 bond. Monetary bail should be set only when it is determined

17 that no other conditions of release will reasonably assure the

18 defendant's appearance in court, that the defendant does not

19 presenta danger to any person or the community and that the

20 defendant will comply with all conditions of~~pretrial release~~

21 bond.

22 The State may appeal any order permitting release by

23 personal recognizance.

24 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

25 (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)

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1 Sec. 110-3. ~~Options for warrant alternatives~~ Issuance of

2 warrant.

3 ~~(a)~~ Upon failure to comply with any condition of ~~pretrial~~

4 ~~release~~ a bail bondor recognizance the court having

5 jurisdiction at the time of such failure may, ~~on its own motion~~

6 ~~or upon motion from the State, issue an order to show cause as~~

7 ~~to why he or she shall not be subject to revocation of pretrial~~

8 ~~release, or for sanctions, as provided in Section 110-6.~~

9 ~~Nothing in this Section prohibits the court from issuing a~~

10 ~~warrant under subsection (c) upon failure to comply with any~~

11 ~~condition of pretrial release or recognizance.~~

12 ~~(b) The order issued by the court shall state the facts~~

13 ~~alleged to constitute the hearing to show cause or otherwise~~

14 ~~why the person is subject to revocation of pretrial release. A~~

15 ~~certified copy of the order shall be served upon the person at~~

16 ~~least 48 hours in advance of the scheduled hearing.~~

17 ~~(c) If the person does not appear at the hearing to show~~

18 ~~cause or absconds, the court may,~~in addition to any other

19 action provided by law, issue a warrant for the arrest of the

20 person at liberty on ~~pretrial release~~ bail or his own

21 recognizance. The contents of such a warrant shall be the same

22 as required for an arrest warrant issued upon complaint~~and~~

23 ~~may modify any previously imposed conditions placed upon the~~

24 ~~person, rather than revoking pretrial release or issuing a~~

25 ~~warrant for the person in accordance with the requirements in~~

26 ~~subsections (d) and (e) of Section 110-5~~. When a defendant is

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1 at liberty on ~~pretrial release~~ bailor his own recognizance on

2 a felony charge and fails to appear in court as directed, the

3 court ~~may~~ shallissue a warrant for the arrest of such person

4 ~~after his or her failure to appear at the show for cause~~

5 ~~hearing as provided in this Section~~. Such warrant shall be

6 noted with a directive to peace officers to arrest the person

7 and hold such person without~~pretrial release~~ bail and to

8 deliver such person before the court for further proceedings.

9 ~~(d) If the order as described in Subsection B is issued, a~~

10 ~~failure to appear shall not be recorded until the Defendant~~

11 ~~fails to appear at the hearing to show cause. For the purpose~~

12 ~~of any risk assessment or future evaluation of risk of willful~~

13 ~~flight or risk of failure to appear, a non-appearance in court~~

14 ~~cured by an appearance at the hearing to show cause shall not~~

15 ~~be considered as evidence of future likelihood appearance in~~

16 ~~court.~~ A defendant who is arrested or surrenders within 30

17 days of the issuance of such warrant shall not be bailable in

18 the case in question unless he shows by the preponderance of

19 the evidence that his failure to appear was not intentional.

20 (Source: P.A. 86-298; 86-984; 86-1028; 101-652.)

21 (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)

22 Sec. 110-4. ~~Pretrial release~~ Bailable Offenses.

23 (a) ~~All persons charged with an offense shall be eligible~~

24 ~~for pretrial release before conviction. Pretrial release may~~

25 ~~only be denied when a person is charged with an offense listed~~

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1 ~~in Section 110-6.1 or when the defendant has a high likelihood~~

2 ~~of willful flight, and after the court has held a hearing under~~

3 ~~Section 110-6.1.~~ All persons shall be bailable before

4 conviction, except the following offenses where the proof is

5 evident or the presumption great that the defendant is guilty

6 of the offense: capital offenses; offenses for which a

7 sentence of life imprisonment may be imposed as a consequence

8 of conviction; felony offenses for which a sentence of

9 imprisonment, without conditional and revocable release, shall

10 be imposed by law as a consequence of conviction, where the

11 court after a hearing, determines that the release of the

12 defendant would pose a real and present threat to the physical

13 safety of any person or persons; stalking or aggravated

14 stalking, where the court, after a hearing, determines that

15 the release of the defendant would pose a real and present

16 threat to the physical safety of the alleged victim of the

17 offense and denial of bail is necessary to prevent fulfillment

18 of the threat upon which the charge is based; or unlawful use

19 of weapons in violation of item (4) of subsection (a) of

20 Section 24-1 of the Criminal Code of 1961 or the Criminal Code

21 of 2012 when that offense occurred in a school or in any

22 conveyance owned, leased, or contracted by a school to

23 transport students to or from school or a school-related

24 activity, or on any public way within 1,000 feet of real

25 property comprising any school, where the court, after a

26 hearing, determines that the release of the defendant would

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1 pose a real and present threat to the physical safety of any

2 person and denial of bail is necessary to prevent fulfillment

3 of that threat; or making a terrorist threat in violation of

4 Section 29D-20 of the Criminal Code of 1961 or the Criminal

5 Code of 2012 or an attempt to commit the offense of making a

6 terrorist threat, where the court, after a hearing, determines

7 that the release of the defendant would pose a real and present

8 threat to the physical safety of any person and denial of bail

9 is necessary to prevent fulfillment of that threat.

10 (b) A person seeking ~~pretrial~~ release on bail who is

11 charged with a capital offense or an offense for which a

12 sentence of life imprisonment may be imposed shall not be

13 ~~eligible for release pretrial~~ bailable until a hearing is held

14 wherein such person has the burden of demonstrating that the

15 proof of his guilt is not evident and the presumption is not

16 great.

17 (c) Where it is alleged that ~~pretrial~~ bail should be

18 denied to a person upon the grounds that the person presents a

19 real and present threat to the physical safety of any person or

20 persons, the burden of proof of such allegations shall be upon

21 the State.

22 (d) When it is alleged that ~~pretrial~~ bail should be denied

23 to a person charged with stalking or aggravated stalking upon

24 the grounds set forth in Section 110-6.3 of this Code, the

25 burden of proof of those allegations shall be upon the State.

26 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

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1 (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)

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

3 Sec. 110-5. Determining the amount of bail and conditions

4 of release.

5 (a) In determining the amount of monetary bail or

6 conditions of release, if any, which will reasonably assure

7 the appearance of a defendant as required or the safety of any

8 other person or the community and the likelihood of compliance

9 by the defendant with all the conditions of bail, the court

10 shall, on the basis of available information, take into

11 account such matters as the nature and circumstances of the

12 offense charged, whether the evidence shows that as part of

13 the offense there was a use of violence or threatened use of

14 violence, whether the offense involved corruption of public

15 officials or employees, whether there was physical harm or

16 threats of physical harm to any public official, public

17 employee, judge, prosecutor, juror or witness, senior citizen,

18 child, or person with a disability, whether evidence shows

19 that during the offense or during the arrest the defendant

20 possessed or used a firearm, machine gun, explosive or metal

21 piercing ammunition or explosive bomb device or any military

22 or paramilitary armament, whether the evidence shows that the

23 offense committed was related to or in furtherance of the

24 criminal activities of an organized gang or was motivated by

25 the defendant's membership in or allegiance to an organized

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1 gang, the condition of the victim, any written statement

2 submitted by the victim or proffer or representation by the

3 State regarding the impact which the alleged criminal conduct

4 has had on the victim and the victim's concern, if any, with

5 further contact with the defendant if released on bail,

6 whether the offense was based on racial, religious, sexual

7 orientation or ethnic hatred, the likelihood of the filing of

8 a greater charge, the likelihood of conviction, the sentence

9 applicable upon conviction, the weight of the evidence against

10 such defendant, whether there exists motivation or ability to

11 flee, whether there is any verification as to prior residence,

12 education, or family ties in the local jurisdiction, in

13 another county, state or foreign country, the defendant's

14 employment, financial resources, character and mental

15 condition, past conduct, prior use of alias names or dates of

16 birth, and length of residence in the community, the consent

17 of the defendant to periodic drug testing in accordance with

18 Section 110-6.5, whether a foreign national defendant is

19 lawfully admitted in the United States of America, whether the

20 government of the foreign national maintains an extradition

21 treaty with the United States by which the foreign government

22 will extradite to the United States its national for a trial

23 for a crime allegedly committed in the United States, whether

24 the defendant is currently subject to deportation or exclusion

25 under the immigration laws of the United States, whether the

26 defendant, although a United States citizen, is considered

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1 under the law of any foreign state a national of that state for

2 the purposes of extradition or non-extradition to the United

3 States, the amount of unrecovered proceeds lost as a result of

4 the alleged offense, the source of bail funds tendered or

5 sought to be tendered for bail, whether from the totality of

6 the court's consideration, the loss of funds posted or sought

7 to be posted for bail will not deter the defendant from flight,

8 whether the evidence shows that the defendant is engaged in

9 significant possession, manufacture, or delivery of a

10 controlled substance or cannabis, either individually or in

11 consort with others, whether at the time of the offense

12 charged he or she was on bond or pre-trial release pending

13 trial, probation, periodic imprisonment or conditional

14 discharge pursuant to this Code or the comparable Code of any

15 other state or federal jurisdiction, whether the defendant is

16 on bond or pre-trial release pending the imposition or

17 execution of sentence or appeal of sentence for any offense

18 under the laws of Illinois or any other state or federal

19 jurisdiction, whether the defendant is under parole, aftercare

20 release, mandatory supervised release, or work release from

21 the Illinois Department of Corrections or Illinois Department

22 of Juvenile Justice or any penal institution or corrections

23 department of any state or federal jurisdiction, the

24 defendant's record of convictions, whether the defendant has

25 been convicted of a misdemeanor or ordinance offense in

26 Illinois or similar offense in other state or federal

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1 jurisdiction within the 10 years preceding the current charge

2 or convicted of a felony in Illinois, whether the defendant

3 was convicted of an offense in another state or federal

4 jurisdiction that would be a felony if committed in Illinois

5 within the 20 years preceding the current charge or has been

6 convicted of such felony and released from the penitentiary

7 within 20 years preceding the current charge if a penitentiary

8 sentence was imposed in Illinois or other state or federal

9 jurisdiction, the defendant's records of juvenile adjudication

10 of delinquency in any jurisdiction, any record of appearance

11 or failure to appear by the defendant at court proceedings,

12 whether there was flight to avoid arrest or prosecution,

13 whether the defendant escaped or attempted to escape to avoid

14 arrest, whether the defendant refused to identify himself or

15 herself, or whether there was a refusal by the defendant to be

16 fingerprinted as required by law. Information used by the

17 court in its findings or stated in or offered in connection

18 with this Section may be by way of proffer based upon reliable

19 information offered by the State or defendant. All evidence

20 shall be admissible if it is relevant and reliable regardless

21 of whether it would be admissible under the rules of evidence

22 applicable at criminal trials. If the State presents evidence

23 that the offense committed by the defendant was related to or

24 in furtherance of the criminal activities of an organized gang

25 or was motivated by the defendant's membership in or

26 allegiance to an organized gang, and if the court determines

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1 that the evidence may be substantiated, the court shall

2 prohibit the defendant from associating with other members of

3 the organized gang as a condition of bail or release. For the

4 purposes of this Section, "organized gang" has the meaning

5 ascribed to it in Section 10 of the Illinois Streetgang

6 Terrorism Omnibus Prevention Act.

7 (a-5) There shall be a presumption that any conditions of

8 release imposed shall be non-monetary in nature and the court

9 shall impose the least restrictive conditions or combination

10 of conditions necessary to reasonably assure the appearance of

11 the defendant for further court proceedings and protect the

12 integrity of the judicial proceedings from a specific threat

13 to a witness or participant. Conditions of release may

14 include, but not be limited to, electronic home monitoring,

15 curfews, drug counseling, stay-away orders, and in-person

16 reporting. The court shall consider the defendant's

17 socio-economic circumstance when setting conditions of release

18 or imposing monetary bail.

19 (b) The amount of bail shall be:

20 (1) Sufficient to assure compliance with the

21 conditions set forth in the bail bond, which shall include

22 the defendant's current address with a written

23 admonishment to the defendant that he or she must comply

24 with the provisions of Section 110-12 regarding any change

25 in his or her address. The defendant's address shall at

26 all times remain a matter of public record with the clerk

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1 of the court.

2 (2) Not oppressive.

3 (3) Considerate of the financial ability of the

4 accused.

5 (4) When a person is charged with a drug related

6 offense involving possession or delivery of cannabis or

7 possession or delivery of a controlled substance as

8 defined in the Cannabis Control Act, the Illinois

9 Controlled Substances Act, or the Methamphetamine Control

10 and Community Protection Act, the full street value of the

11 drugs seized shall be considered. "Street value" shall be

12 determined by the court on the basis of a proffer by the

13 State based upon reliable information of a law enforcement

14 official contained in a written report as to the amount

15 seized and such proffer may be used by the court as to the

16 current street value of the smallest unit of the drug

17 seized.

18 (b-5) Upon the filing of a written request demonstrating

19 reasonable cause, the State's Attorney may request a source of

20 bail hearing either before or after the posting of any funds.

21 If the hearing is granted, before the posting of any bail, the

22 accused must file a written notice requesting that the court

23 conduct a source of bail hearing. The notice must be

24 accompanied by justifying affidavits stating the legitimate

25 and lawful source of funds for bail. At the hearing, the court

26 shall inquire into any matters stated in any justifying

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1 affidavits, and may also inquire into matters appropriate to

2 the determination which shall include, but are not limited to,

3 the following:

4 (1) the background, character, reputation, and

5 relationship to the accused of any surety; and

6 (2) the source of any money or property deposited by

7 any surety, and whether any such money or property

8 constitutes the fruits of criminal or unlawful conduct;

9 and

10 (3) the source of any money posted as cash bail, and

11 whether any such money constitutes the fruits of criminal

12 or unlawful conduct; and

13 (4) the background, character, reputation, and

14 relationship to the accused of the person posting cash

15 bail.

16 Upon setting the hearing, the court shall examine, under

17 oath, any persons who may possess material information.

18 The State's Attorney has a right to attend the hearing, to

19 call witnesses and to examine any witness in the proceeding.

20 The court shall, upon request of the State's Attorney,

21 continue the proceedings for a reasonable period to allow the

22 State's Attorney to investigate the matter raised in any

23 testimony or affidavit. If the hearing is granted after the

24 accused has posted bail, the court shall conduct a hearing

25 consistent with this subsection (b-5). At the conclusion of

26 the hearing, the court must issue an order either approving or

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1 ~~of~~disapproving the bail.

2 (c) When a person is charged with an offense punishable by

3 fine only the amount of the bail shall not exceed double the

4 amount of the maximum penalty.

5 (d) When a person has been convicted of an offense and only

6 a fine has been imposed the amount of the bail shall not exceed

7 double the amount of the fine.

8 (e) The State may appeal any order granting bail or

9 setting a given amount for bail.

10 (f) When a person is charged with a violation of an order

11 of protection under Section 12-3.4 or 12-30 of the Criminal

12 Code of 1961 or the Criminal Code of 2012 or when a person is

13 charged with domestic battery, aggravated domestic battery,

14 kidnapping, aggravated kidnaping, unlawful restraint,

15 aggravated unlawful restraint, stalking, aggravated stalking,

16 cyberstalking, harassment by telephone, harassment through

17 electronic communications, or an attempt to commit first

18 degree murder committed against an intimate partner regardless

19 whether an order of protection has been issued against the

20 person,

21 (1) whether the alleged incident involved harassment

22 or abuse, as defined in the Illinois Domestic Violence Act

23 of 1986;

24 (2) whether the person has a history of domestic

25 violence, as defined in the Illinois Domestic Violence

26 Act, or a history of other criminal acts;

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1 (3) based on the mental health of the person;

2 (4) whether the person has a history of violating the

3 orders of any court or governmental entity;

4 (5) whether the person has been, or is, potentially a

5 threat to any other person;

6 (6) whether the person has access to deadly weapons or

7 a history of using deadly weapons;

8 (7) whether the person has a history of abusing

9 alcohol or any controlled substance;

10 (8) based on the severity of the alleged incident that

11 is the basis of the alleged offense, including, but not

12 limited to, the duration of the current incident, and

13 whether the alleged incident involved the use of a weapon,

14 physical injury, sexual assault, strangulation, abuse

15 during the alleged victim's pregnancy, abuse of pets, or

16 forcible entry to gain access to the alleged victim;

17 (9) whether a separation of the person from the

18 alleged victim or a termination of the relationship

19 between the person and the alleged victim has recently

20 occurred or is pending;

21 (10) whether the person has exhibited obsessive or

22 controlling behaviors toward the alleged victim,

23 including, but not limited to, stalking, surveillance, or

24 isolation of the alleged victim or victim's family member

25 or members;

26 (11) whether the person has expressed suicidal or

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1 homicidal ideations;

2 (12) based on any information contained in the

3 complaint and any police reports, affidavits, or other

4 documents accompanying the complaint,

5 the court may, in its discretion, order the respondent to

6 undergo a risk assessment evaluation using a recognized,

7 evidence-based instrument conducted by an Illinois Department

8 of Human Services approved partner abuse intervention program

9 provider, pretrial service, probation, or parole agency. These

10 agencies shall have access to summaries of the defendant's

11 criminal history, which shall not include victim interviews or

12 information, for the risk evaluation. Based on the information

13 collected from the 12 points to be considered at a bail hearing

14 under this subsection (f), the results of any risk evaluation

15 conducted and the other circumstances of the violation, the

16 court may order that the person, as a condition of bail, be

17 placed under electronic surveillance as provided in Section

18 5-8A-7 of the Unified Code of Corrections. Upon making a

19 determination whether or not to order the respondent to

20 undergo a risk assessment evaluation or to be placed under

21 electronic surveillance and risk assessment, the court shall

22 document in the record the court's reasons for making those

23 determinations. The cost of the electronic surveillance and

24 risk assessment shall be paid by, or on behalf, of the

25 defendant. As used in this subsection (f), "intimate partner"

26 means a spouse or a current or former partner in a cohabitation

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1 or dating relationship.

2 (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;

3 revised 7-12-19.)

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

5 Sec. 110-5. Determining the amount of bail and conditions

6 of release.

7 (a) In determining ~~which~~ the amount of monetary bail or

8 conditions of ~~pretrial~~release, if any, which will reasonably

9 assure the appearance of a defendant as required or the safety

10 of any other person or the community and the likelihood of

11 compliance by the defendant with all the conditions of

12 ~~pretrial release~~ bail, the court shall, on the basis of

13 available information, take into account such matters as~~:~~

14 ~~(1)~~the nature and circumstances of the offense

15 charged~~;~~

16 ~~(2) the weight of the evidence against the eligible~~

17 ~~defendant, except that the court may consider the~~

18 ~~admissibility of any evidence sought to be excluded;~~

19 ~~(3) the history and characteristics of the eligible~~

20 ~~defendant, including:~~

21 ~~(A) the eligible defendant's character, physical~~

22 ~~and mental condition, family ties, employment,~~

23 ~~financial resources, length of residence in the~~

24 ~~community, community ties, past relating to drug or~~

25 ~~alcohol abuse, conduct, history criminal history, and~~

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1 ~~record concerning appearance at court proceedings; and~~

2 ~~(B) whether, at the time of the current offense or~~

3 ~~arrest, the eligible defendant was on probation,~~

4 ~~parole, or on other release pending trial, sentencing,~~

5 ~~appeal, or completion of sentence for an offense under~~

6 ~~federal law, or the law of this or any other state;~~

7 ~~(4) the nature and seriousness of the specific, real~~

8 ~~and present threat to any person that would be posed by the~~

9 ~~eligible defendant's release, if applicable; as required~~

10 ~~under paragraph (7.5) of Section 4 of the Rights of Crime~~

11 ~~Victims and Witnesses Act; and~~

12 ~~(5) the nature and seriousness of the risk of~~

13 ~~obstructing or attempting to obstruct the criminal justice~~

14 ~~process that would be posed by the eligible defendant's~~

15 ~~release, if applicable.~~

16 ~~(b) The court shall impose any conditions that are~~

17 ~~mandatory under Section 110-10. The court may impose any~~

18 ~~conditions that are permissible under Section 110-10.~~ , whether

19 the evidence shows that as part of the offense there was a use

20 of violence or threatened use of violence, whether the offense

21 involved corruption of public officials or employees, whether

22 there was physical harm or threats of physical harm to any

23 public official, public employee, judge, prosecutor, juror or

24 witness, senior citizen, child, or person with a disability,

25 whether evidence shows that during the offense or during the

26 arrest the defendant possessed or used a firearm, machine gun,

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1 explosive or metal piercing ammunition or explosive bomb

2 device or any military or paramilitary armament, whether the

3 evidence shows that the offense committed was related to or in

4 furtherance of the criminal activities of an organized gang or

5 was motivated by the defendant's membership in or allegiance

6 to an organized gang, the condition of the victim, any written

7 statement submitted by the victim or proffer or representation

8 by the State regarding the impact which the alleged criminal

9 conduct has had on the victim and the victim's concern, if any,

10 with further contact with the defendant if released on bail,

11 whether the offense was based on racial, religious, sexual

12 orientation or ethnic hatred, the likelihood of the filing of

13 a greater charge, the likelihood of conviction, the sentence

14 applicable upon conviction, the weight of the evidence against

15 such defendant, whether there exists motivation or ability to

16 flee, whether there is any verification as to prior residence,

17 education, or family ties in the local jurisdiction, in

18 another county, state or foreign country, the defendant's

19 employment, financial resources, character and mental

20 condition, past conduct, prior use of alias names or dates of

21 birth, and length of residence in the community, the consent

22 of the defendant to periodic drug testing in accordance with

23 Section 110-6.5, whether a foreign national defendant is

24 lawfully admitted in the United States of America, whether the

25 government of the foreign national maintains an extradition

26 treaty with the United States by which the foreign government

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1 will extradite to the United States its national for a trial

2 for a crime allegedly committed in the United States, whether

3 the defendant is currently subject to deportation or exclusion

4 under the immigration laws of the United States, whether the

5 defendant, although a United States citizen, is considered

6 under the law of any foreign state a national of that state for

7 the purposes of extradition or non-extradition to the United

8 States, the amount of unrecovered proceeds lost as a result of

9 the alleged offense, the source of bail funds tendered or

10 sought to be tendered for bail, whether from the totality of

11 the court's consideration, the loss of funds posted or sought

12 to be posted for bail will not deter the defendant from flight,

13 whether the evidence shows that the defendant is engaged in

14 significant possession, manufacture, or delivery of a

15 controlled substance or cannabis, either individually or in

16 consort with others, whether at the time of the offense

17 charged he or she was on bond or pre-trial release pending

18 trial, probation, periodic imprisonment or conditional

19 discharge pursuant to this Code or the comparable Code of any

20 other state or federal jurisdiction, whether the defendant is

21 on bond or pre-trial release pending the imposition or

22 execution of sentence or appeal of sentence for any offense

23 under the laws of Illinois or any other state or federal

24 jurisdiction, whether the defendant is under parole, aftercare

25 release, mandatory supervised release, or work release from

26 the Illinois Department of Corrections or Illinois Department

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1 of Juvenile Justice or any penal institution or corrections

2 department of any state or federal jurisdiction, the

3 defendant's record of convictions, whether the defendant has

4 been convicted of a misdemeanor or ordinance offense in

5 Illinois or similar offense in other state or federal

6 jurisdiction within the 10 years preceding the current charge

7 or convicted of a felony in Illinois, whether the defendant

8 was convicted of an offense in another state or federal

9 jurisdiction that would be a felony if committed in Illinois

10 within the 20 years preceding the current charge or has been

11 convicted of such felony and released from the penitentiary

12 within 20 years preceding the current charge if a penitentiary

13 sentence was imposed in Illinois or other state or federal

14 jurisdiction, the defendant's records of juvenile adjudication

15 of delinquency in any jurisdiction, any record of appearance

16 or failure to appear by the defendant at court proceedings,

17 whether there was flight to avoid arrest or prosecution,

18 whether the defendant escaped or attempted to escape to avoid

19 arrest, whether the defendant refused to identify himself or

20 herself, or whether there was a refusal by the defendant to be

21 fingerprinted as required by law. Information used by the

22 court in its findings or stated in or offered in connection

23 with this Section may be by way of proffer based upon reliable

24 information offered by the State or defendant. All evidence

25 shall be admissible if it is relevant and reliable regardless

26 of whether it would be admissible under the rules of evidence

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1 applicable at criminal trials. If the State presents evidence

2 that the offense committed by the defendant was related to or

3 in furtherance of the criminal activities of an organized gang

4 or was motivated by the defendant's membership in or

5 allegiance to an organized gang, and if the court determines

6 that the evidence may be substantiated, the court shall

7 prohibit the defendant from associating with other members of

8 the organized gang as a condition of bail or release. For the

9 purposes of this Section, "organized gang" has the meaning

10 ascribed to it in Section 10 of the Illinois Streetgang

11 Terrorism Omnibus Prevention Act.

12 (a-5) There shall be a presumption that any conditions of

13 release imposed shall be non-monetary in nature and the court

14 shall impose the least restrictive conditions or combination

15 of conditions necessary to reasonably assure the appearance of

16 the defendant for further court proceedings and protect the

17 integrity of the judicial proceedings from a specific threat

18 to a witness or participant. Conditions of release may

19 include, but not be limited to, electronic home monitoring,

20 curfews, drug counseling, stay-away orders, and in-person

21 reporting. The court shall consider the defendant's

22 socio-economic circumstance when setting conditions of release

23 or imposing monetary bail.

24 (b) The amount of bail shall be:

25 (1) Sufficient to assure compliance with the

26 conditions set forth in the bail bond, which shall include

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1 the defendant's current address with a written

2 admonishment to the defendant that he or she must comply

3 with the provisions of Section 110-12 regarding any change

4 in his or her address. The defendant's address shall at

5 all times remain a matter of public record with the clerk

6 of the court.

7 (2) Not oppressive.

8 (3) Considerate of the financial ability of the

9 accused.

10 (4) When a person is charged with a drug related

11 offense involving possession or delivery of cannabis or

12 possession or delivery of a controlled substance as

13 defined in the Cannabis Control Act, the Illinois

14 Controlled Substances Act, or the Methamphetamine Control

15 and Community Protection Act, the full street value of the

16 drugs seized shall be considered. "Street value" shall be

17 determined by the court on the basis of a proffer by the

18 State based upon reliable information of a law enforcement

19 official contained in a written report as to the amount

20 seized and such proffer may be used by the court as to the

21 current street value of the smallest unit of the drug

22 seized.

23 (b-5) Upon the filing of a written request demonstrating

24 reasonable cause, the State's Attorney may request a source of

25 bail hearing either before or after the posting of any funds.

26 If the hearing is granted, before the posting of any bail, the

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1 accused must file a written notice requesting that the court

2 conduct a source of bail hearing. The notice must be

3 accompanied by justifying affidavits stating the legitimate

4 and lawful source of funds for bail. At the hearing, the court

5 shall inquire into any matters stated in any justifying

6 affidavits, and may also inquire into matters appropriate to

7 the determination which shall include, but are not limited to,

8 the following:

9 (1) the background, character, reputation, and

10 relationship to the accused of any surety; and

11 (2) the source of any money or property deposited by

12 any surety, and whether any such money or property

13 constitutes the fruits of criminal or unlawful conduct;

14 and

15 (3) the source of any money posted as cash bail, and

16 whether any such money constitutes the fruits of criminal

17 or unlawful conduct; and

18 (4) the background, character, reputation, and

19 relationship to the accused of the person posting cash

20 bail.

21 Upon setting the hearing, the court shall examine, under

22 oath, any persons who may possess material information.

23 The State's Attorney has a right to attend the hearing, to

24 call witnesses and to examine any witness in the proceeding.

25 The court shall, upon request of the State's Attorney,

26 continue the proceedings for a reasonable period to allow the

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1 State's Attorney to investigate the matter raised in any

2 testimony or affidavit. If the hearing is granted after the

3 accused has posted bail, the court shall conduct a hearing

4 consistent with this subsection (b-5). At the conclusion of

5 the hearing, the court must issue an order either approving of

6 disapproving the bail.

7 (c) When a person is charged with an offense punishable by

8 fine only the amount of the bail shall not exceed double the

9 amount of the maximum penalty.

10 (d) When a person has been convicted of an offense and only

11 a fine has been imposed the amount of the bail shall not exceed

12 double the amount of the fine.

13 (e) The State may appeal any order granting bail or

14 setting a given amount for bail.

15 (f) ~~(b)~~ When a person is charged with a violation of an

16 order of protection under Section 12-3.4 or 12-30 of the

17 Criminal Code of 1961 or the Criminal Code of 2012 or when a

18 person is charged with domestic battery, aggravated domestic

19 battery, kidnapping, aggravated kidnaping, unlawful restraint,

20 aggravated unlawful restraint, stalking, aggravated stalking,

21 cyberstalking, harassment by telephone, harassment through

22 electronic communications, or an attempt to commit first

23 degree murder committed against an intimate partner regardless

24 whether an order of protection has been issued against the

25 person,

26 (1) whether the alleged incident involved harassment

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1 or abuse, as defined in the Illinois Domestic Violence Act

2 of 1986;

3 (2) whether the person has a history of domestic

4 violence, as defined in the Illinois Domestic Violence

5 Act, or a history of other criminal acts;

6 (3) based on the mental health of the person;

7 (4) whether the person has a history of violating the

8 orders of any court or governmental entity;

9 (5) whether the person has been, or is, potentially a

10 threat to any other person;

11 (6) whether the person has access to deadly weapons or

12 a history of using deadly weapons;

13 (7) whether the person has a history of abusing

14 alcohol or any controlled substance;

15 (8) based on the severity of the alleged incident that

16 is the basis of the alleged offense, including, but not

17 limited to, the duration of the current incident, and

18 whether the alleged incident involved the use of a weapon,

19 physical injury, sexual assault, strangulation, abuse

20 during the alleged victim's pregnancy, abuse of pets, or

21 forcible entry to gain access to the alleged victim;

22 (9) whether a separation of the person from the ~~victim~~

23 ~~of abuse~~ alleged victim or a termination of the

24 relationship between the person and the ~~victim of abuse~~

25 alleged victim has recently occurred or is pending;

26 (10) whether the person has exhibited obsessive or

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1 controlling behaviors toward the ~~victim of abuse~~ alleged

2 victim, including, but not limited to, stalking,

3 surveillance, or isolation of the ~~victim of abuse~~ alleged

4 victim or victim's family member or members;

5 (11) whether the person has expressed suicidal or

6 homicidal ideations;

7 ~~(11.5) any other factors deemed by the court to have a~~

8 ~~reasonable bearing upon the defendant's propensity or~~

9 ~~reputation for violent, abusive or assaultive behavior, or~~

10 ~~lack of that behavior~~

11 (12) based on any information contained in the

12 complaint and any police reports, affidavits, or other

13 documents accompanying the complaint,

14 the court may, in its discretion, order the respondent to

15 undergo a risk assessment evaluation using a recognized,

16 evidence-based instrument conducted by an Illinois Department

17 of Human Services approved partner abuse intervention program

18 provider, pretrial service, probation, or parole agency. These

19 agencies shall have access to summaries of the defendant's

20 criminal history, which shall not include victim interviews or

21 information, for the risk evaluation. Based on the information

22 collected from the 12 points to be considered at a bail hearing

23 under this subsection (f), the results of any risk evaluation

24 conducted and the other circumstances of the violation, the

25 court may order that the person, as a condition of bail, be

26 placed under electronic surveillance as provided in Section

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1 5-8A-7 of the Unified Code of Corrections. Upon making a

2 determination whether or not to order the respondent to

3 undergo a risk assessment evaluation or to be placed under

4 electronic surveillance and risk assessment, the court shall

5 document in the record the court's reasons for making those

6 determinations. The cost of the electronic surveillance and

7 risk assessment shall be paid by, or on behalf, of the

8 defendant. As used in this subsection (f), "intimate partner"

9 means a spouse or a current or former partner in a cohabitation

10 or dating relationship.

11 ~~(c) In cases of stalking or aggravated stalking under~~

12 ~~Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the~~

13 ~~court may consider the following additional factors:~~

14 ~~(1) Any evidence of the defendant's prior criminal~~

15 ~~history indicative of violent, abusive or assaultive~~

16 ~~behavior, or lack of that behavior. The evidence may~~

17 ~~include testimony or documents received in juvenile~~

18 ~~proceedings, criminal, quasi-criminal, civil commitment,~~

19 ~~domestic relations or other proceedings;~~

20 ~~(2) Any evidence of the defendant's psychological,~~

21 ~~psychiatric or other similar social history that tends to~~

22 ~~indicate a violent, abusive, or assaultive nature, or lack~~

23 ~~of any such history.~~

24 ~~(3) The nature of the threat which is the basis of the~~

25 ~~charge against the defendant;~~

26 ~~(4) Any statements made by, or attributed to the~~

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1 ~~defendant, together with the circumstances surrounding~~

2 ~~them;~~

3 ~~(5) The age and physical condition of any person~~

4 ~~allegedly assaulted by the defendant;~~

5 ~~(6) Whether the defendant is known to possess or have~~

6 ~~access to any weapon or weapons;~~

7 ~~(7) Any other factors deemed by the court to have a~~

8 ~~reasonable bearing upon the defendant's propensity or~~

9 ~~reputation for violent, abusive or assaultive behavior, or~~

10 ~~lack of that behavior.~~

11 ~~(d) The Court may use a regularly validated risk~~

12 ~~assessment tool to aid it determination of appropriate~~

13 ~~conditions of release as provided for in Section 110-6.4. Risk~~

14 ~~assessment tools may not be used as the sole basis to deny~~

15 ~~pretrial release. If a risk assessment tool is used, the~~

16 ~~defendant's counsel shall be provided with the information and~~

17 ~~scoring system of the risk assessment tool used to arrive at~~

18 ~~the determination. The defendant retains the right to~~

19 ~~challenge the validity of a risk assessment tool used by the~~

20 ~~court and to present evidence relevant to the defendant's~~

21 ~~challenge.~~

22 ~~(e) If a person remains in pretrial detention after his or~~

23 ~~her pretrial conditions hearing after having been ordered~~

24 ~~released with pretrial conditions, the court shall hold a~~

25 ~~hearing to determine the reason for continued detention. If~~

26 ~~the reason for continued detention is due to the~~

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1 ~~unavailability or the defendant's ineligibility for one or~~

2 ~~more pretrial conditions previously ordered by the court or~~

3 ~~directed by a pretrial services agency, the court shall reopen~~

4 ~~the conditions of release hearing to determine what available~~

5 ~~pretrial conditions exist that will reasonably assure the~~

6 ~~appearance of a defendant as required or the safety of any~~

7 ~~other person and the likelihood of compliance by the defendant~~

8 ~~with all the conditions of pretrial release. The inability of~~

9 ~~Defendant to pay for a condition of release or any other~~

10 ~~ineligibility for a condition of pretrial release shall not be~~

11 ~~used as a justification for the pretrial detention of that~~

12 ~~Defendant.~~

13 ~~(f) Prior to the defendant's first appearance, the Court~~

14 ~~shall appoint the public defender or a licensed attorney at~~

15 ~~law of this State to represent the Defendant for purposes of~~

16 ~~that hearing, unless the defendant has obtained licensed~~

17 ~~counsel for themselves.~~

18 ~~(g) Electronic monitoring, GPS monitoring, or home~~

19 ~~confinement can only be imposed condition of pretrial release~~

20 ~~if a no less restrictive condition of release or combination~~

21 ~~of less restrictive condition of release would reasonably~~

22 ~~ensure the appearance of the defendant for later hearings or~~

23 ~~protect an identifiable person or persons from imminent threat~~

24 ~~of serious physical harm.~~

25 ~~(h) If the court imposes electronic monitoring, GPS~~

26 ~~monitoring, or home confinement the court shall set forth in~~

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1 ~~the record the basis for its finding. A defendant shall be~~

2 ~~given custodial credit for each day he or she was subjected to~~

3 ~~that program, at the same rate described in subsection (b) of~~

4 ~~Section 5-4.5-100 of the unified code of correction.~~

5 ~~(i) If electronic monitoring, GPS monitoring, or home~~

6 ~~confinement is imposed, the court shall determine every 60~~

7 ~~days if no less restrictive condition of release or~~

8 ~~combination of less restrictive conditions of release would~~

9 ~~reasonably ensure the appearance, or continued appearance, of~~

10 ~~the defendant for later hearings or protect an identifiable~~

11 ~~person or persons from imminent threat of serious physical~~

12 ~~harm. If the court finds that there are less restrictive~~

13 ~~conditions of release, the court shall order that the~~

14 ~~condition be removed.~~

15 ~~(j) Crime Victims shall be given notice by the State's~~

16 ~~Attorney's office of this hearing as required in paragraph (1)~~

17 ~~of subsection (b) of Section 4.5 of the Rights of Crime Victims~~

18 ~~and Witnesses Act and shall be informed of their opportunity~~

19 ~~at this hearing to obtain an order of protection under Article~~

20 ~~112A of this Code.~~

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

22 (725 ILCS 5/110-5.2)

23 Sec. 110-5.2. ~~Pretrial release~~ Bail; pregnant pre-trial

24 detainee.

25 (a) It is the policy of this State that a pre-trial

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1 detainee shall not be required to deliver a child while in

2 custody absent a finding by the court that continued pre-trial

3 custody is necessary to protect the public or the victim of the

4 offense on which the charge is based.

5 (b) If the court reasonably believes that a pre-trial

6 detainee will give birth while in custody, the court shall

7 order an alternative to custody unless, after a hearing, the

8 court determines:

9 (1) that the release of the pregnant pre-trial

10 detainee would pose a real and present threat to the

11 physical safety of the alleged victim of the offense and

12 continuing custody is necessary to prevent the fulfillment

13 of the threat upon which the charge is based; or

14 (2) that the release of the pregnant pre-trial

15 detainee would pose a real and present threat to the

16 physical safety of any person or persons or the general

17 public.

18 (c) The court may order a pregnant or post-partum detainee

19 to be subject to electronic monitoring as a condition of

20 pre-trial release or order other condition or combination of

21 conditions the court reasonably determines are in the best

22 interest of the detainee and the public.

23 (d) This Section shall be applicable to a pregnant

24 pre-trial detainee in custody on or after the effective date

25 of this amendatory Act of the 100th General Assembly.

26 (Source: P.A. 100-630, eff. 1-1-19; 101-652.)

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1 (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)

2 Sec. 110-6. ~~Revocation of pretrial release, modification~~

3 ~~of conditions of pretrial release, and sanctions for~~

4 ~~violations of conditions of pretrial release~~ Modification of

5 bail or conditions.

6 (a) ~~When a defendant is granted pretrial release under~~

7 ~~this section, that pretrial release may be revoked only under~~

8 ~~the following conditions:~~

9 ~~(1) if the defendant is charged with a detainable~~

10 ~~felony as defined in 110-6.1, a defendant may be detained~~

11 ~~after the State files a verified petition for such a~~

12 ~~hearing, and gives the defendant notice as prescribed in~~

13 ~~110-6.1; or~~

14 ~~(2) in accordance with subsection (b) of this section.~~

15 ~~(b) Revocation due to a new criminal charge: If an~~

16 ~~individual, while on pretrial release for a Felony or Class A~~

17 ~~misdemeanor under this Section, is charged with a new felony~~

18 ~~or Class A misdemeanor under the Criminal Code of 2012, the~~

19 ~~court may, on its own motion or motion of the state, begin~~

20 ~~proceedings to revoke the individual's' pretrial release.~~

21 ~~(1) When the defendant is charged with a felony or~~

22 ~~class A misdemeanor offense and while free on pretrial~~

23 ~~release bail is charged with a subsequent felony or class~~

24 ~~A misdemeanor offense that is alleged to have occurred~~

25 ~~during the defendant's pretrial release, the state may~~

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1 ~~file a verified petition for revocation of pretrial~~

2 ~~release.~~

3 ~~(2) When a defendant on pretrial release is charged~~

4 ~~with a violation of an order of protection issued under~~

5 ~~Section 112A-14 of this Code, or Section 214 of the~~

6 ~~Illinois Domestic Violence Act of 1986 or previously was~~

7 ~~convicted of a violation of an order of protection under~~

8 ~~Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the~~

9 ~~Criminal Code of 2012, and the subject of the order of~~

10 ~~protection is the same person as the victim in the~~

11 ~~underlying matter, the state shall file a verified~~

12 ~~petition for revocation of pretrial release.~~

13 ~~(3) Upon the filing of this petition, the court shall~~

14 ~~order the transfer of the defendant and the application to~~

15 ~~the court before which the previous felony matter is~~

16 ~~pending. The defendant shall be held without bond pending~~

17 ~~transfer to and a hearing before such court. The defendant~~

18 ~~shall be transferred to the court before which the~~

19 ~~previous matter is pending without unnecessary delay. In~~

20 ~~no event shall the time between the filing of the state's~~

21 ~~petition for revocation and the defendant's appearance~~

22 ~~before the court before which the previous matter is~~

23 ~~pending exceed 72 hours.~~

24 ~~(4) The court before which the previous felony matter~~

25 ~~is pending may revoke the defendant's pretrial release~~

26 ~~only if it finds, after considering all relevant~~

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1 ~~circumstances including, but not limited to, the nature~~

2 ~~and seriousness of the violation or criminal act alleged,~~

3 ~~by the court finds clear and convincing evidence that no~~

4 ~~condition or combination of conditions of release would~~

5 ~~reasonably assure the appearance of the defendant for~~

6 ~~later hearings or prevent the defendant from being charged~~

7 ~~with a subsequent felony or class A misdemeanor.~~

8 ~~(5) In lieu of revocation, the court may release the~~

9 ~~defendant pre-trial, with or without modification of~~

10 ~~conditions of pretrial release.~~

11 ~~(6) If the case that caused the revocation is~~

12 ~~dismissed, the defendant is found not guilty in the case~~

13 ~~causing the revocation, or the defendant completes a~~

14 ~~lawfully imposed sentence on the case causing the~~

15 ~~revocation, the court shall, without unnecessary delay,~~

16 ~~hold a hearing on conditions of release pursuant to~~

17 ~~section 110-5 and release the defendant with or without~~

18 ~~modification of conditions of pretrial release.~~

19 ~~(7) Both the state and the defense may appeal an order~~

20 ~~revoking pretrial release or denying a petition for~~

21 ~~revocation of release.~~

22 ~~(c) Violations other than re-arrest for a felony or class~~

23 ~~A misdemeanor. If a defendant:~~

24 ~~(1) fails to appear in court as required by their~~

25 ~~conditions of release;~~

26 ~~(2) is charged with a class B or C misdemeanor, petty~~

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1 ~~offense, traffic offense, or ordinance violation that is~~

2 ~~alleged to have occurred during the defendant's pretrial~~

3 ~~release; or~~

4 ~~(3) violates any other condition of release set by the~~

5 ~~court,~~

6 ~~the court shall follow the procedures set forth in Section~~

7 ~~110-3 to ensure the defendant's appearance in court to address~~

8 ~~the violation.~~

9 ~~(d) When a defendant appears in court for a notice to show~~

10 ~~cause hearing, or after being arrested on a warrant issued~~

11 ~~because of a failure to appear at a notice to show cause~~

12 ~~hearing, or after being arrested for an offense other than a~~

13 ~~felony or class A misdemeanor, the state may file a verified~~

14 ~~petition requesting a hearing for 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 court~~

18 ~~shall only impose sanctions if it finds by clear and~~

19 ~~convincing evidence that:~~

20 ~~1. The defendant committed an act that violated a term~~

21 ~~of their pretrial release;~~

22 ~~2. The defendant had actual knowledge that their~~

23 ~~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.~~

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1 ~~(f) Sanctions: sanctions for violations of pretrial~~

2 ~~release may 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. A fine of not more than $200; or~~

7 ~~4. A modification of the defendant's pretrial~~

8 ~~conditions.~~

9 ~~(g) Modification of Pretrial Conditions~~

10 ~~(a) The court may, at any time, after motion by either~~

11 ~~party or on its own motion, remove previously set~~

12 ~~conditions of pretrial release, subject to the provisions~~

13 ~~in section (e). The court may only add or increase~~

14 ~~conditions of pretrial release at a hearing under this~~

15 ~~Section, in a warrant issued under Section 110-3, or upon~~

16 ~~motion from the state.~~

17 ~~(b) Modification of conditions of release regarding~~

18 ~~contact with victims or witnesses. The court shall not~~

19 ~~remove a previously set condition of bond regulating~~

20 ~~contact with a victim or witness in the case, unless the~~

21 ~~subject of the condition has been given notice of the~~

22 ~~hearing as required in paragraph (1) of subsection (b) of~~

23 ~~Section 4.5 of the Rights of Crime Victims and Witnesses~~

24 ~~Act. If the subject of the condition of release is not~~

25 ~~present, the court shall follow the procedures of~~

26 ~~paragraph (10) of subsection (c-1) of the Rights of Crime~~

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1 ~~Victims and Witnesses Act.~~

2 ~~(h) Notice to Victims: Crime Victims shall be given notice~~

3 ~~by the State's Attorney's office of all hearings in this~~

4 ~~section as required in paragraph (1) of subsection (b) of~~

5 ~~Section 4.5 of the Rights of Crime Victims and Witnesses Act~~

6 ~~and shall be informed of their opportunity at these hearing to~~

7 ~~obtain an order of protection under Article 112A of this Code.~~

8 Upon verified application by the State or the defendant or on

9 its own motion the court before which the proceeding is

10 pending may increase or reduce the amount of bail or may alter

11 the conditions of the bail bond or grant bail where it has been

12 previously revoked or denied. If bail has been previously

13 revoked pursuant to subsection (f) of this Section or if bail

14 has been denied to the defendant pursuant to subsection (e) of

15 Section 110-6.1 or subsection (e) of Section 110-6.3, the

16 defendant shall be required to present a verified application

17 setting forth in detail any new facts not known or obtainable

18 at the time of the previous revocation or denial of bail

19 proceedings. If the court grants bail where it has been

20 previously revoked or denied, the court shall state on the

21 record of the proceedings the findings of facts and conclusion

22 of law upon which such order is based.

23 (a-5) In addition to any other available motion or

24 procedure under this Code, a person in custody solely for a

25 Category B offense due to an inability to post monetary bail

26 shall be brought before the court at the next available court

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1 date or 7 calendar days from the date bail was set, whichever

2 is earlier, for a rehearing on the amount or conditions of bail

3 or release pending further court proceedings. The court may

4 reconsider conditions of release for any other person whose

5 inability to post monetary bail is the sole reason for

6 continued incarceration, including a person in custody for a

7 Category A offense or a Category A offense and a Category B

8 offense. The court may deny the rehearing permitted under this

9 subsection (a-5) if the person has failed to appear as

10 required before the court and is incarcerated based on a

11 warrant for failure to appear on the same original criminal

12 offense.

13 (b) Violation of the conditions of Section 110-10 of this

14 Code or any special conditions of bail as ordered by the court

15 shall constitute grounds for the court to increase the amount

16 of bail, or otherwise alter the conditions of bail, or, where

17 the alleged offense committed on bail is a forcible felony in

18 Illinois or a Class 2 or greater offense under the Illinois

19 Controlled Substances Act, the Cannabis Control Act, or the

20 Methamphetamine Control and Community Protection Act, revoke

21 bail pursuant to the appropriate provisions of subsection (e)

22 of this Section.

23 (c) Reasonable notice of such application by the defendant

24 shall be given to the State.

25 (d) Reasonable notice of such application by the State

26 shall be given to the defendant, except as provided in

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1 subsection (e).

2 (e) Upon verified application by the State stating facts

3 or circumstances constituting a violation or a threatened

4 violation of any of the conditions of the bail bond the court

5 may issue a warrant commanding any peace officer to bring the

6 defendant without unnecessary delay before the court for a

7 hearing on the matters set forth in the application. If the

8 actual court before which the proceeding is pending is absent

9 or otherwise unavailable another court may issue a warrant

10 pursuant to this Section. When the defendant is charged with a

11 felony offense and while free on bail is charged with a

12 subsequent felony offense and is the subject of a proceeding

13 set forth in Section 109-1 or 109-3 of this Code, upon the

14 filing of a verified petition by the State alleging a

15 violation of Section 110-10 (a) (4) of this Code, the court

16 shall without prior notice to the defendant, grant leave to

17 file such application and shall order the transfer of the

18 defendant and the application without unnecessary delay to the

19 court before which the previous felony matter is pending for a

20 hearing as provided in subsection (b) or this subsection of

21 this Section. The defendant shall be held without bond pending

22 transfer to and a hearing before such court. At the conclusion

23 of the hearing based on a violation of the conditions of

24 Section 110-10 of this Code or any special conditions of bail

25 as ordered by the court the court may enter an order increasing

26 the amount of bail or alter the conditions of bail as deemed

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1 appropriate.

2 (f) Where the alleged violation consists of the violation

3 of one or more felony statutes of any jurisdiction which would

4 be a forcible felony in Illinois or a Class 2 or greater

5 offense under the Illinois Controlled Substances Act, the

6 Cannabis Control Act, or the Methamphetamine Control and

7 Community Protection Act and the defendant is on bail for the

8 alleged commission of a felony, or where the defendant is on

9 bail for a felony domestic battery (enhanced pursuant to

10 subsection (b) of Section 12-3.2 of the Criminal Code of 1961

11 or the Criminal Code of 2012), aggravated domestic battery,

12 aggravated battery, unlawful restraint, aggravated unlawful

13 restraint or domestic battery in violation of item (1) of

14 subsection (a) of Section 12-3.2 of the Criminal Code of 1961

15 or the Criminal Code of 2012 against a family or household

16 member as defined in Section 112A-3 of this Code and the

17 violation is an offense of domestic battery against the same

18 victim the court shall, on the motion of the State or its own

19 motion, revoke bail in accordance with the following

20 provisions:

21 (1) The court shall hold the defendant without bail

22 pending the hearing on the alleged breach; however, if the

23 defendant is not admitted to bail the hearing shall be

24 commenced within 10 days from the date the defendant is

25 taken into custody or the defendant may not be held any

26 longer without bail, unless delay is occasioned by the

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1 defendant. Where defendant occasions the delay, the

2 running of the 10 day period is temporarily suspended and

3 resumes at the termination of the period of delay. Where

4 defendant occasions the delay with 5 or fewer days

5 remaining in the 10 day period, the court may grant a

6 period of up to 5 additional days to the State for good

7 cause shown. The State, however, shall retain the right to

8 proceed to hearing on the alleged violation at any time,

9 upon reasonable notice to the defendant and the court.

10 (2) At a hearing on the alleged violation the State

11 has the burden of going forward and proving the violation

12 by clear and convincing evidence. The evidence shall be

13 presented in open court with the opportunity to testify,

14 to present witnesses in his behalf, and to cross-examine

15 witnesses if any are called by the State, and

16 representation by counsel and if the defendant is indigent

17 to have counsel appointed for him. The rules of evidence

18 applicable in criminal trials in this State shall not

19 govern the admissibility of evidence at such hearing.

20 Information used by the court in its findings or stated in

21 or offered in connection with hearings for increase or

22 revocation of bail may be by way of proffer based upon

23 reliable information offered by the State or defendant.

24 All evidence shall be admissible if it is relevant and

25 reliable regardless of whether it would be admissible

26 under the rules of evidence applicable at criminal trials.

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1 A motion by the defendant to suppress evidence or to

2 suppress a confession shall not be entertained at such a

3 hearing. Evidence that proof may have been obtained as a

4 result of an unlawful search and seizure or through

5 improper interrogation is not relevant to this hearing.

6 (3) Upon a finding by the court that the State has

7 established by clear and convincing evidence that the

8 defendant has committed a forcible felony or a Class 2 or

9 greater offense under the Illinois Controlled Substances

10 Act, the Cannabis Control Act, or the Methamphetamine

11 Control and Community Protection Act while admitted to

12 bail, or where the defendant is on bail for a felony

13 domestic battery (enhanced pursuant to subsection (b) of

14 Section 12-3.2 of the Criminal Code of 1961 or the

15 Criminal Code of 2012), aggravated domestic battery,

16 aggravated battery, unlawful restraint, aggravated

17 unlawful restraint or domestic battery in violation of

18 item (1) of subsection (a) of Section 12-3.2 of the

19 Criminal Code of 1961 or the Criminal Code of 2012 against

20 a family or household member as defined in Section 112A-3

21 of this Code and the violation is an offense of domestic

22 battery, against the same victim, the court shall revoke

23 the bail of the defendant and hold the defendant for trial

24 without bail. Neither the finding of the court nor any

25 transcript or other record of the hearing shall be

26 admissible in the State's case in chief, but shall be

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1 admissible for impeachment, or as provided in Section

2 115-10.1 of this Code or in a perjury proceeding.

3 (4) If the bail of any defendant is revoked pursuant

4 to paragraph (f) (3) of this Section, the defendant may

5 demand and shall be entitled to be brought to trial on the

6 offense with respect to which he was formerly released on

7 bail within 90 days after the date on which his bail was

8 revoked. If the defendant is not brought to trial within

9 the 90 day period required by the preceding sentence, he

10 shall not be held longer without bail. In computing the 90

11 day period, the court shall omit any period of delay

12 resulting from a continuance granted at the request of the

13 defendant.

14 (5) If the defendant either is arrested on a warrant

15 issued pursuant to this Code or is arrested for an

16 unrelated offense and it is subsequently discovered that

17 the defendant is a subject of another warrant or warrants

18 issued pursuant to this Code, the defendant shall be

19 transferred promptly to the court which issued such

20 warrant. If, however, the defendant appears initially

21 before a court other than the court which issued such

22 warrant, the non-issuing court shall not alter the amount

23 of bail set on such warrant unless the court sets forth on

24 the record of proceedings the conclusions of law and facts

25 which are the basis for such altering of another court's

26 bond. The non-issuing court shall not alter another courts

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1 bail set on a warrant unless the interests of justice and

2 public safety are served by such action.

3 (g) The State may appeal any order where the court has

4 increased or reduced the amount of bail or altered the

5 conditions of the bail bond or granted bail where it has

6 previously been revoked.

7 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;

8 101-652.)

9 (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)

10 Sec. 110-6.1. Denial of ~~pretrial release~~ bail in

11 non-probationable felony offenses.

12 (a) Upon verified petition by the State, the court shall

13 hold a hearing ~~and may deny~~ to determine whether bail should be

14 denied to a defendant ~~pretrial release only if:~~

15 ~~(1) the defendant~~ whois charged with a~~forcible~~

16 felony offense for which a sentence of imprisonment,

17 without probation, periodic imprisonment or conditional

18 discharge, is required by law upon conviction,~~and~~ when it

19 is alleged that the defendant's ~~pretrial release poses a~~

20 ~~specific, real and present threat to any person or the~~

21 ~~community.~~ admission to bail poses a real and present

22 threat to the physical safety of any person or persons ~~;~~ .

23 ~~(2) the defendant is charged with stalking or~~

24 ~~aggravated stalking and it is alleged that the defendant's~~

25 ~~pre-trial release poses a real and present threat to the~~

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1 ~~physical safety of a victim of the alleged offense, and~~

2 ~~denial of release is necessary to prevent fulfillment of~~

3 ~~the threat upon which the charge is based;~~

4 ~~(3) the victim of abuse was a family or household~~

5 ~~member as defined by paragraph (6) of Section 103 of the~~

6 ~~Illinois Domestic Violence Act of 1986, and the person~~

7 ~~charged, at the time of the alleged offense, was subject~~

8 ~~to the terms of an order of protection issued under~~

9 ~~Section 112A-14 of this Code, or Section 214 of the~~

10 ~~Illinois Domestic Violence Act of 1986 or previously was~~

11 ~~convicted of a violation of an order of protection under~~

12 ~~Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the~~

13 ~~Criminal Code of 2012 or a violent crime if the victim was~~

14 ~~a family or household member as defined by paragraph (6)~~

15 ~~of the Illinois Domestic Violence Act of 1986 at the time~~

16 ~~of the offense or a violation of a substantially similar~~

17 ~~municipal ordinance or law of this or any other state or~~

18 ~~the United States if the victim was a family or household~~

19 ~~member as defined by paragraph (6) of Section 103 of the~~

20 ~~Illinois Domestic Violence Act of 1986 at the time of the~~

21 ~~offense, and it is alleged that the defendant's pre-trial~~

22 ~~release poses a real and present threat to the physical~~

23 ~~safety of any person or persons;~~

24 ~~(4) the defendant is charged with domestic battery or~~

25 ~~aggravated domestic battery under Section 12-3.2 or 12-3.3~~

26 ~~of the Criminal Code of 2012 and it is alleged that the~~

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1 ~~defendant's pretrial release poses a real and present~~

2 ~~threat to the physical safety of any person or persons;~~

3 ~~(5) the defendant is charged with any offense under~~

4 ~~Article 11 of the Criminal Code of 2012, except for~~

5 ~~Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal~~

6 ~~Code of 2012, or similar provisions of the Criminal Code~~

7 ~~of 1961 and it is alleged that the defendant's pretrial~~

8 ~~release poses a real and present threat to the physical~~

9 ~~safety of any person or persons;~~

10 ~~(6) the defendant is charged with any of these~~

11 ~~violations under the Criminal Code of 2012 and it is~~

12 ~~alleged that the defendant's pretrial releases poses a~~

13 ~~real and present threat to the physical safety of any~~

14 ~~specifically identifiable person or persons.~~

15 ~~(A) Section 24-1.2 (aggravated discharge of a~~

16 ~~firearm);~~

17 ~~(B) Section 24-2.5 (aggravated discharge of a~~

18 ~~machine gun or a firearm equipped with a device~~

19 ~~designed or use for silencing the report of a~~

20 ~~firearm);~~

21 ~~(C) Section 24-1.5 (reckless discharge of a~~

22 ~~firearm);~~

23 ~~(D) Section 24-1.7 (armed habitual criminal);~~

24 ~~(E) Section 24-2.2 2 (manufacture, sale or~~

25 ~~transfer of bullets or shells represented to be armor~~

26 ~~piercing bullets, dragon's breath shotgun shells, bolo~~

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1 ~~shells or flechette shells);~~

2 ~~(F) Section 24-3 (unlawful sale or delivery of~~

3 ~~firearms);~~

4 ~~(G) Section 24-3.3 (unlawful sale or delivery of~~

5 ~~firearms on the premises of any school);~~

6 ~~(H) Section 24-34 (unlawful sale of firearms by~~

7 ~~liquor license);~~

8 ~~(I) Section 24-3.5 {unlawful purchase of a~~

9 ~~firearm);~~

10 ~~(J) Section 24-3A (gunrunning); or~~

11 ~~(K) Section on 24-3B (firearms trafficking );~~

12 ~~(L) Section 10-9 (b) (involuntary servitude);~~

13 ~~(M) Section 10-9 (c) (involuntary sexual servitude~~

14 ~~of a minor);~~

15 ~~(N) Section 10-9(d) (trafficking in persons);~~

16 ~~(O) Non-probationable violations: (i) (unlawful~~

17 ~~use or possession of weapons by felons or persons in~~

18 ~~the Custody of the Department of Corrections~~

19 ~~facilities (Section 24-1.1), (ii) aggravated unlawful~~

20 ~~use of a weapon (Section 24-1.6, or (iii) aggravated~~

21 ~~possession of a stolen firearm (Section 24-3.9);~~

22 ~~(7) the person has a high likelihood of willful flight~~

23 ~~to avoid prosecution and is charged with:~~

24 ~~(A) Any felony described in Sections (a)(1)~~

25 ~~through (a)(5) of this Section; or~~

26 ~~(B) A felony offense other than a Class 4 offense.~~

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1 ~~(b) If the charged offense is a felony, the Court shall~~

2 ~~hold a hearing pursuant to 109-3 of this Code to~~

3 ~~determine whether there is probable cause the~~

4 ~~defendant has committed an offense, unless a grand~~

5 ~~jury has returned a true bill of indictment against~~

6 ~~the defendant. If there is a finding of no probable~~

7 ~~cause, the defendant shall be released. No such~~

8 ~~finding is necessary if the defendant is charged with~~

9 ~~a misdemeanor.~~

10 ~~(c) Timing of petition.~~

11 (1) A petition may be filed without prior notice to

12 the defendant at the first appearance before a judge, or

13 within the 21 calendar days, except as provided in Section

14 110-6, after arrest and release of the defendant upon

15 reasonable notice to defendant; provided that while such

16 petition is pending before the court, the defendant if

17 previously released shall not be detained.

18 (2) ~~(2) Upon filing, the court shall immediately hold~~

19 ~~a hearing on the petition unless a continuance is~~

20 ~~requested. If a continuance is requested, the hearing~~

21 ~~shall be held within 48 hours of the defendant's first~~

22 ~~appearance if the defendant is charged with a Class X,~~

23 ~~Class 1, Class 2, or Class 3 felony, and within 24 hours if~~

24 ~~the defendant is charged with a Class 4 or misdemeanor~~

25 ~~offense. The Court may deny and or grant the request for~~

26 ~~continuance. If the court decides to grant the~~

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1 ~~continuance, the Court retains the discretion to detain or~~

2 ~~release the defendant in the time between the filing of~~

3 ~~the petition and the hearing.~~

4 ~~(d) Contents of petition.~~

5 ~~(1) The petition shall be verified by the State and~~

6 ~~shall state the grounds upon which it contends the~~

7 ~~defendant should be denied pretrial release, including the~~

8 ~~identity of the specific person or persons the State~~

9 ~~believes the defendant poses a danger to.~~

10 ~~(2) Only one petition may be filed under this Section.~~

11 ~~(e) Eligibility: All defendants shall be presumed eligible~~

12 ~~for pretrial release, and the State shall bear the burden of~~

13 ~~proving by clear and convincing evidence that:~~ The hearing

14 shall be held immediately upon the defendant's appearance

15 before the court, unless for good cause shown the defendant or

16 the State seeks a continuance. A continuance on motion of the

17 defendant may not exceed 5 calendar days, and a continuance on

18 the motion of the State may not exceed 3 calendar days. The

19 defendant may be held in custody during such continuance.

20 (b) The court may deny bail to the defendant where, after

21 the hearing, it is determined that:

22 (1) the proof is evident or the presumption great that

23 the defendant has committed an offense~~listed in~~

24 ~~paragraphs (1) through (6) of subsection (a)~~ for which a

25 sentence of imprisonment, without probation, periodic

26 imprisonment or conditional discharge, must be imposed by

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1 law as a consequence of conviction, and

2 (2) the defendant poses a real and present threat to

3 the physicalsafety of~~a specific, identifiable~~ any person

4 or persons, by conduct which may include, but is not

5 limited to, a forcible felony, the obstruction of justice,

6 intimidation, injury, ~~or abuse as defined by paragraph (1)~~

7 ~~of Section 103 of the Illinois Domestic Violence Act of~~

8 ~~1986~~ physical harm, an offense under the Illinois

9 Controlled Substances Act which is a Class X felony, or an

10 offense under the Methamphetamine Control and Community

11 Protection Act which is a Class X felony, and

12 (3) the court finds that no condition or combination

13 of conditions set forth in subsection (b) of Section

14 110-10 of this Article ~~can mitigate the real and present~~

15 ~~threat to the safety of any~~ , can reasonably assure the

16 physical safety of any other person or persons ~~or the~~

17 ~~defendant's willful flight~~.

18 ~~(f)~~ (c) Conduct of the hearings.

19 (1) ~~Prior to the hearing the State shall tender to the~~

20 ~~defendant copies of 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 State's Attorney's possession at the time~~

25 ~~of the hearing that are required to be disclosed to the~~

26 ~~defense under Illinois Supreme Court rules.~~ The hearing on

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1 the defendant's culpability and dangerousness shall be

2 conducted in accordance with the following provisions:

3 ~~(2) The State or defendant may present evidence at the~~

4 ~~hearing~~ (A) Information used by the court in its findings

5 or stated in or offered at such hearing may be by way of

6 proffer based upon reliable informationoffered by the

7 State or by defendant.

8 ~~(3) The defendant~~ Defendanthas the right to be

9 represented by counsel, and if he ~~or she~~ is indigent, to

10 have counsel appointed for him~~or her. The defendant~~ .

11 Defendant shall have the opportunity to testify, to

12 present witnesses~~on~~ in his ~~or her~~ own behalf, and to

13 cross-examine ~~any~~ witnesses ~~that~~ if anyare called by the

14 State.

15 ~~(4) If the defense seeks to call the complaining~~

16 ~~witness as a witness in its favor, it shall petition the~~

17 ~~court for permission.~~ The defendant has the right to

18 present witnesses in his favor. When the ends of justice

19 so require, the court may ~~exercise~~ exercisesits

20 discretion and compel the appearance of a complaining

21 witness. The court shall state on the record reasons for

22 granting a defense request to compel the presence of a

23 complaining witness. ~~In making a determination under this~~

24 ~~section, the court shall state on the record the reason~~

25 ~~for granting a defense request to compel the presence of a~~

26 ~~complaining witness, and only grant the request if the~~

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1 ~~court finds by clear and convincing evidence that the~~

2 ~~defendant will be materially prejudiced if the complaining~~

3 ~~witness does not appear.~~Cross-examination of a

4 complaining witness at the pretrial detention hearing for

5 the purpose of impeaching the witness' credibility is

6 insufficient reason to compel the presence of the witness.

7 In deciding whether to compel the appearance of a

8 complaining witness, the court shall be considerate of the

9 emotional and physical well-being of the witness. The

10 pre-trial detention hearing is not to be used for purposes

11 of discovery, and the post arraignment rules of discovery

12 do not apply. The State shall tender to the defendant,

13 prior to the hearing, copies of defendant's criminal

14 history, if any, if available, and any written or recorded

15 statements and the substance of any oral statements made

16 by any person, if relied upon by the State in its petition.

17 ~~(5)~~ The rules concerning the admissibility of evidence

18 in criminal trials do not apply to the presentation and

19 consideration of information at the hearing. At the trial

20 concerning the offense for which the hearing was conducted

21 neither the finding of the court nor any transcript or

22 other record of the hearing shall be admissible in the

23 State's case in chief, but shall be admissible for

24 impeachment, or as provided in Section 115-10.1 of this

25 Code, or in a perjury proceeding.

26 ~~(6) The~~ (B) A motion by the defendant ~~may not move~~ to

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1 suppress evidence or to suppressa confession~~, however,~~

2 ~~evidence~~ shall not be entertained. Evidence that proof ~~of~~

3 ~~the charged crime~~may have beenobtained as the result of

4 an unlawful search ~~or~~ and seizure~~, or both,~~or through

5 improper interrogation~~,~~ is not relevant ~~in assessing the~~

6 ~~weight of the evidence against the defendant~~ to this state

7 of the prosecution.

8 ~~(7) Decisions regarding release, conditions of release~~

9 ~~and detention prior trial should be individualized, and no~~

10 ~~single factor or standard should be used exclusively to~~

11 ~~make a condition or detention decision.~~

12 (2) The facts relied upon by the court to support a

13 finding that the defendant poses a real and present threat

14 to the physical safety of any person or persons shall be

15 supported by clear and convincing evidence presented by

16 the State.

17 ~~(g)~~ (d) Factors to be considered in making a determination

18 of dangerousness. The court may, in determining whether the

19 defendant poses a ~~specific, imminent~~ real and present threat

20 ~~of serious~~ to the physical ~~harm to an identifiable~~ safety of

21 anyperson or persons, consider but shall not be limited to

22 evidence or testimony concerning:

23 (1) The nature and circumstances of any offense

24 charged, including whether the offense is a crime of

25 violence, involving a weapon~~, or a sex offense~~.

26 (2) The history and characteristics of the defendant

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1 including:

2 (A) Any evidence of the defendant's prior criminal

3 history indicative of violent, abusive or assaultive

4 behavior, or lack of such behavior. Such evidence may

5 include testimony or documents received in juvenile

6 proceedings, criminal, quasi-criminal, civil

7 commitment, domestic relations or other proceedings.

8 (B) Any evidence of the defendant's psychological,

9 psychiatric or other similar social history which

10 tends to indicate a violent, abusive, or assaultive

11 nature, or lack of any such history.

12 (3) The identity of any person or persons to whose

13 safety the defendant is believed to pose a threat, and the

14 nature of the threat;

15 (4) Any statements made by, or attributed to the

16 defendant, together with the circumstances surrounding

17 them;

18 (5) The age and physical condition of any person

19 assaulted by the defendant;

20 (6) ~~The age and physical condition of any victim or~~

21 ~~complaining witness;~~

22 ~~(7)~~ Whether the defendant is known to possess or have

23 access to any weapon or weapons;

24 ~~(8)~~ (7) Whether, at the time of the current offense or

25 any other offense or arrest, the defendant was on

26 probation, parole, aftercare release, mandatory supervised

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1 release or other release from custody pending trial,

2 sentencing, appeal or completion of sentence for an

3 offense under federal or state law;

4 ~~(9)~~ (8) Any other factors, including those listed in

5 Section 110-5 of this Article deemed by the court to have a

6 reasonable bearing upon the defendant's propensity or

7 reputation for violent, abusive or assaultive behavior, or

8 lack of such behavior.

9 ~~(h)~~ (e) Detention order. The court shall, in any order for

10 detention:

11 (1) briefly summarize the evidence of the defendant's

12 ~~guilt or innocence,~~ culpability and ~~the court's~~ its

13 reasons for concluding that the defendant should be ~~denied~~

14 ~~pretrial release~~ held without bail;

15 (2) direct that the defendant be committed to the

16 custody of the sheriff for confinement in the county jail

17 pending trial;

18 (3) direct that the defendant be given a reasonable

19 opportunity for private consultation with counsel, and for

20 communication with others of his~~or her~~ choice by

21 visitation, mail and telephone; and

22 (4) direct that the sheriff deliver the defendant as

23 required for appearances in connection with court

24 proceedings.

25 ~~(i) Detention.~~ (f) If the court enters an order for the

26 detention of the defendant pursuant to subsection (e) of this

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1 Section, the defendant shall be brought to trial on the

2 offense for which he is detained within 90 days after the date

3 on which the order for detention was entered. If the defendant

4 is not brought to trial within the 90 day period required by

5 the preceding sentence, he shall not be ~~denied pretrial~~

6 ~~release~~ held longer without bail. In computing the 90 day

7 period, the court shall omit any period of delay resulting

8 from a continuance granted at the request of the defendant.

9 ~~(j)~~ (g) Rights of the defendant. Any person shall be

10 entitled to appeal any order entered under this Section

11 denying ~~pretrial release~~ bail to the defendant.

12 ~~(k) Appeal.~~ (h) The State may appeal any order entered

13 under this Section denying any motion for denial of~~pretrial~~

14 ~~release~~ bail.

15 ~~(l) Presumption of innocence.~~ (i) Nothing in this Section

16 shall be construed as modifying or limiting in any way the

17 defendant's presumption of innocence in further criminal

18 proceedings.

19 ~~(m) Victim notice.~~

20 ~~(1) Crime Victims shall be given notice by the State's~~

21 ~~Attorney's office of this hearing as required in paragraph~~

22 ~~(1) of subsection (b) of Section 4.5 of the Rights of Crime~~

23 ~~Victims and Witnesses Act and shall be informed of their~~

24 ~~opportunity at this hearing to obtain an order of~~

25 ~~protection under Article 112A of this Code.~~

26 (Source: P.A. 98-558, eff. 1-1-14; 101-652.)

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1 (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)

2 Sec. 110-6.2. Post-conviction Detention.

3 (a) The court may order that a person who has been found

4 guilty of an offense and who is waiting imposition or

5 execution of sentence be held without ~~release~~ bond unless the

6 court finds by clear and convincing evidence that the person

7 is not likely to flee or pose a danger to any other person or

8 the community if released under Sections 110-5 and 110-10 of

9 this Act.

10 (b) The court may order that person who has been found

11 guilty of an offense and sentenced to a term of imprisonment be

12 held without ~~release~~ bondunless the court finds by clear and

13 convincing evidence that:

14 (1) the person is not likely to flee or pose a danger

15 to the safety of any other person or the community if

16 released on bond pending appeal; and

17 (2) that the appeal is not for purpose of delay and

18 raises a substantial question of law or fact likely to

19 result in reversal or an order for a new trial.

20 (Source: P.A. 96-1200, eff. 7-22-10; 101-652.)

21 (725 ILCS 5/110-6.4)

22 Sec. 110-6.4. Statewide risk-assessment tool. The Supreme

23 Court may establish a statewide risk-assessment tool to be

24 used in proceedings to assist the court in establishing

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1 ~~conditions of pretrial release~~ bail for a defendant by

2 assessing the defendant's likelihood of appearing at future

3 court proceedings or determining if the defendant poses a real

4 and present threat to the physical safety of any person or

5 persons. The Supreme Court shall consider establishing a

6 risk-assessment tool that does not discriminate on the basis

7 of race, gender, educational level, socio-economic status, or

8 neighborhood. If a risk-assessment tool is utilized within a

9 circuit that does not require a personal interview to be

10 completed, the Chief Judge of the circuit or the director of

11 the pretrial services agency may exempt the requirement under

12 Section 9 and subsection (a) of Section 7 of the Pretrial

13 Services Act.

14 For the purpose of this Section, "risk-assessment tool"

15 means an empirically validated, evidence-based screening

16 instrument that demonstrates reduced instances of a

17 defendant's failure to appear for further court proceedings or

18 prevents future criminal activity.

19 (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;

20 101-652.)

21 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

22 Sec. 110-10. Conditions of ~~pretrial release~~ bail bond.

23 (a) If a person is released prior to conviction, either

24 upon payment of bail security or on his or her own

25 recognizance, the conditions of ~~pretrial release~~ the bail bond

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1 shall be that he or she will:

2 (1) Appear to answer the charge in the court having

3 jurisdiction on a day certain and thereafter as ordered by

4 the court until discharged or final order of the court;

5 (2) Submit himself or herself to the orders and

6 process of the court;

7 (3) ~~(Blank);~~ Not depart this State without leave of

8 the court;

9 (4) Not violate any criminal statute of any

10 jurisdiction;

11 (5) At a time and place designated by the court,

12 surrender all firearms in his or her possession to a law

13 enforcement officer designated by the court to take

14 custody of and impound the firearms and physically

15 surrender his or her Firearm Owner's Identification Card

16 to the clerk of the circuit court when the offense the

17 person has been charged with is a forcible felony,

18 stalking, aggravated stalking, domestic battery, any

19 violation of the Illinois Controlled Substances Act, the

20 Methamphetamine Control and Community Protection Act, or

21 the Cannabis Control Act that is classified as a Class 2 or

22 greater felony, or any felony violation of Article 24 of

23 the Criminal Code of 1961 or the Criminal Code of 2012; the

24 court may, however, forgo the imposition of this condition

25 when the circumstances of the case clearly do not warrant

26 it or when its imposition would be impractical; if the

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1 Firearm Owner's Identification Card is confiscated, the

2 clerk of the circuit court shall mail the confiscated card

3 to the Illinois State Police; all legally possessed

4 firearms shall be returned to the person upon the charges

5 being dismissed, or if the person is found not guilty,

6 unless the finding of not guilty is by reason of insanity;

7 and

8 (6) At a time and place designated by the court,

9 submit to a psychological evaluation when the person has

10 been charged with a violation of item (4) of subsection

11 (a) of Section 24-1 of the Criminal Code of 1961 or the

12 Criminal Code of 2012 and that violation occurred in a

13 school or in any conveyance owned, leased, or contracted

14 by a school to transport students to or from school or a

15 school-related activity, or on any public way within 1,000

16 feet of real property comprising any school.

17 Psychological evaluations ordered pursuant to this Section

18 shall be completed promptly and made available to the State,

19 the defendant, and the court. As a further condition of

20 ~~pretrial release~~ bailunder these circumstances, the court

21 shall order the defendant to refrain from entering upon the

22 property of the school, including any conveyance owned,

23 leased, or contracted by a school to transport students to or

24 from school or a school-related activity, or on any public way

25 within 1,000 feet of real property comprising any school. Upon

26 receipt of the psychological evaluation, either the State or

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1 the defendant may request a change in the conditions of

2 ~~pretrial release~~ bail, pursuant to Section 110-6 of this Code.

3 The court may change the conditions of ~~pretrial release~~ bail

4 to include a requirement that the defendant follow the

5 recommendations of the psychological evaluation, including

6 undergoing psychiatric treatment. The conclusions of the

7 psychological evaluation and any statements elicited from the

8 defendant during its administration are not admissible as

9 evidence of guilt during the course of any trial on the charged

10 offense, unless the defendant places his or her mental

11 competency in issue.

12 (b) The court may impose other conditions, such as the

13 following, if the court finds that such conditions are

14 reasonably necessary to assure the defendant's appearance in

15 court, protect the public from the defendant, or prevent the

16 defendant's unlawful interference with the orderly

17 administration of justice:

18 ~~(0.05) Not depart this State without leave of the~~

19 ~~court;~~

20 (1) Report to or appear in person before such person

21 or agency as the court may direct;

22 (2) Refrain from possessing a firearm or other

23 dangerous weapon;

24 (3) Refrain from approaching or communicating with

25 particular persons or classes of persons;

26 (4) Refrain from going to certain described

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1 geographical areas or premises;

2 (5) Refrain from engaging in certain activities or

3 indulging in intoxicating liquors or in certain drugs;

4 (6) Undergo treatment for drug addiction or

5 alcoholism;

6 (7) Undergo medical or psychiatric treatment;

7 (8) Work or pursue a course of study or vocational

8 training;

9 (9) Attend or reside in a facility designated by the

10 court;

11 (10) Support his or her dependents;

12 (11) If a minor resides with his or her parents or in a

13 foster home, attend school, attend a non-residential

14 program for youths, and contribute to his or her own

15 support at home or in a foster home;

16 (12) Observe any curfew ordered by the court;

17 (13) Remain in the custody of such designated person

18 or organization agreeing to supervise his release. Such

19 third party custodian shall be responsible for notifying

20 the court if the defendant fails to observe the conditions

21 of release which the custodian has agreed to monitor, and

22 shall be subject to contempt of court for failure so to

23 notify the court;

24 (14) Be placed under direct supervision of the

25 Pretrial Services Agency, Probation Department or Court

26 Services Department in a pretrialbond home supervision

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1 capacity with or without the use of an approved electronic

2 monitoring device subject to Article 8A of Chapter V of

3 the Unified Code of Corrections;

4 (14.1) The court ~~may~~ shall impose upon a defendant who

5 is charged with any alcohol, cannabis, methamphetamine, or

6 controlled substance violation and is placed under direct

7 supervision of the Pretrial Services Agency, Probation

8 Department or Court Services Department in a pretrialbond

9 home supervision capacity with the use of an approved

10 monitoring device, as a condition of such ~~pretrial~~

11 ~~monitoring~~ bail bond, a fee that represents costs

12 incidental to the electronic monitoring for each day of

13 such ~~pretrial~~ bailsupervision ordered by the court,

14 unless after determining the inability of the defendant to

15 pay the fee, the court assesses a lesser fee or no fee as

16 the case may be. The fee shall be collected by the clerk of

17 the circuit court, except as provided in an administrative

18 order of the Chief Judge of the circuit court. The clerk of

19 the circuit court shall pay all monies collected from this

20 fee to the county treasurer for deposit in the substance

21 abuse services fund under Section 5-1086.1 of the Counties

22 Code, except as provided in an administrative order of the

23 Chief Judge of the circuit court.

24 The Chief Judge of the circuit court of the county may

25 by administrative order establish a program for electronic

26 monitoring of offenders with regard to drug-related and

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1 alcohol-related offenses, in which a vendor supplies and

2 monitors the operation of the electronic monitoring

3 device, and collects the fees on behalf of the county. The

4 program shall include provisions for indigent offenders

5 and the collection of unpaid fees. The program shall not

6 unduly burden the offender and shall be subject to review

7 by the Chief Judge.

8 The Chief Judge of the circuit court may suspend any

9 additional charges or fees for late payment, interest, or

10 damage to any device;

11 (14.2) The court ~~may~~ shall impose upon all defendants,

12 including those defendants subject to paragraph (14.1)

13 above, placed under direct supervision of the Pretrial

14 Services Agency, Probation Department or Court Services

15 Department in a pretrial bond home supervision capacity

16 with the use of an approved monitoring device, as a

17 condition of such ~~release~~ bail bond, a fee which shall

18 represent costs incidental to such electronic monitoring

19 for each day of such bailsupervision ordered by the

20 court, unless after determining the inability of the

21 defendant to pay the fee, the court assesses a lesser fee

22 or no fee as the case may be. The fee shall be collected by

23 the clerk of the circuit court, except as provided in an

24 administrative order of the Chief Judge of the circuit

25 court. The clerk of the circuit court shall pay all monies

26 collected from this fee to the county treasurer who shall

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1 use the monies collected to defray the costs of

2 corrections. The county treasurer shall deposit the fee

3 collected in the county working cash fund under Section

4 6-27001 or Section 6-29002 of the Counties Code, as the

5 case may be, except as provided in an administrative order

6 of the Chief Judge of the circuit court.

7 The Chief Judge of the circuit court of the county may

8 by administrative order establish a program for electronic

9 monitoring of offenders with regard to drug-related and

10 alcohol-related offenses, in which a vendor supplies and

11 monitors the operation of the electronic monitoring

12 device, and collects the fees on behalf of the county. The

13 program shall include provisions for indigent offenders

14 and the collection of unpaid fees. The program shall not

15 unduly burden the offender and shall be subject to review

16 by the Chief Judge.

17 The Chief Judge of the circuit court may suspend any

18 additional charges or fees for late payment, interest, or

19 damage to any device;

20 (14.3) The Chief Judge of the Judicial Circuit may

21 establish reasonable fees to be paid by a person receiving

22 pretrial services while under supervision of a pretrial

23 services agency, probation department, or court services

24 department. Reasonable fees may be charged for pretrial

25 services including, but not limited to, pretrial

26 supervision, diversion programs, electronic monitoring,

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1 victim impact services, drug and alcohol testing, DNA

2 testing, GPS electronic monitoring, assessments and

3 evaluations related to domestic violence and other

4 victims, and victim mediation services. The person

5 receiving pretrial services may be ordered to pay all

6 costs incidental to pretrial services in accordance with

7 his or her ability to pay those costs;

8 (14.4) For persons charged with violating Section

9 11-501 of the Illinois Vehicle Code, refrain from

10 operating a motor vehicle not equipped with an ignition

11 interlock device, as defined in Section 1-129.1 of the

12 Illinois Vehicle Code, pursuant to the rules promulgated

13 by the Secretary of State for the installation of ignition

14 interlock devices. Under this condition the court may

15 allow a defendant who is not self-employed to operate a

16 vehicle owned by the defendant's employer that is not

17 equipped with an ignition interlock device in the course

18 and scope of the defendant's employment;

19 (15) Comply with the terms and conditions of an order

20 of protection issued by the court under the Illinois

21 Domestic Violence Act of 1986 or an order of protection

22 issued by the court of another state, tribe, or United

23 States territory;

24 (16) ~~(Blank); and~~ Under Section 110-6.5 comply with

25 the conditions of the drug testing program; and

26 (17) Such other reasonable conditions as the court may

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1 impose.

2 (c) When a person is charged with an offense under Section

3 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

4 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

5 Criminal Code of 2012, involving a victim who is a minor under

6 18 years of age living in the same household with the defendant

7 at the time of the offense, in granting bail or releasing the

8 defendant on his own recognizance, the judge shall impose

9 conditions to restrict the defendant's access to the victim

10 which may include, but are not limited to conditions that he

11 will:

12 1. Vacate the household.

13 2. Make payment of temporary support to his

14 dependents.

15 3. Refrain from contact or communication with the

16 child victim, except as ordered by the court.

17 (d) When a person is charged with a criminal offense and

18 the victim is a family or household member as defined in

19 Article 112A, conditions shall be imposed at the time of the

20 defendant's release on bondthat restrict the defendant's

21 access to the victim. Unless provided otherwise by the court,

22 the restrictions shall include requirements that the defendant

23 do the following:

24 (1) refrain from contact or communication with the

25 victim for a minimum period of 72 hours following the

26 defendant's release; and

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1 (2) refrain from entering or remaining at the victim's

2 residence for a minimum period of 72 hours following the

3 defendant's release.

4 (e) Local law enforcement agencies shall develop

5 standardized ~~pretrial release~~ bondforms for use in cases

6 involving family or household members as defined in Article

7 112A, including specific conditions of ~~pretrial release~~ bond

8 as provided in subsection (d). Failure of any law enforcement

9 department to develop or use those forms shall in no way limit

10 the applicability and enforcement of subsections (d) and (f).

11 (f) If the defendant is ~~released~~ admitted to bail after

12 conviction ~~following appeal or other post-conviction~~

13 ~~proceeding,~~the conditions of the~~pretrial release~~ bail bond

14 shall be that he will, in addition to the conditions set forth

15 in subsections (a) and (b) hereof:

16 (1) Duly prosecute his appeal;

17 (2) Appear at such time and place as the court may

18 direct;

19 (3) Not depart this State without leave of the court;

20 (4) Comply with such other reasonable conditions as

21 the court may impose; and

22 (5) If the judgment is affirmed or the cause reversed

23 and remanded for a new trial, forthwith surrender to the

24 officer from whose custody he was~~released~~ bailed.

25 (g) Upon a finding of guilty for any felony offense, the

26 defendant shall physically surrender, at a time and place

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1 designated by the court, any and all firearms in his or her

2 possession and his or her Firearm Owner's Identification Card

3 as a condition of ~~being released~~ remaining on bond pending

4 sentencing.

5 (h) In the event the defendant is ~~denied pretrial release~~

6 unable to post bond, the court may impose a no contact

7 provision with the victim or other interested party that shall

8 be enforced while the defendant remains in custody.

9 (Source: P.A. 101-138, eff. 1-1-20; 101-652.)

10 (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)

11 Sec. 110-11. ~~Pretrial release~~ Bail on a new trial. If the

12 judgment of conviction is reversed and the cause remanded for

13 a new trial the trial court may order that the~~conditions of~~

14 ~~pretrial release~~ bailstand pending such trial, or~~modify the~~

15 ~~conditions of pretrial release~~ reduce or increase bail.

16 (Source: Laws 1963, p. 2836; P.A. 101-652.)

17 (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)

18 Sec. 110-12. Notice of change of address.

19 A defendant who has been admitted to ~~pretrial release~~ bail

20 shall file a written notice with the clerk of the court before

21 which the proceeding is pending of any change in his or her

22 address within 24 hours after such change, except that a

23 defendant who has been admitted to~~pretrial release~~ bail for a

24 forcible felony as defined in Section 2-8 of the Criminal Code

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1 of 2012 shall file a written notice with the clerk of the court

2 before which the proceeding is pending and the clerk shall

3 immediately deliver a time stamped copy of the written notice

4 to the State's Attorney charged with the prosecution within 24

5 hours prior to such change. The address of a defendant who has

6 been admitted to~~pretrial release~~ bail shall at all times

7 remain a matter of public record with the clerk of the court.

8 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

9 (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)

10 Sec. 111-2. Commencement of prosecutions.

11 (a) All prosecutions of felonies shall be by information

12 or by indictment. No prosecution may be pursued by information

13 unless a preliminary hearing has been held or waived in

14 accordance with Section 109-3 and at that hearing probable

15 cause to believe the defendant committed an offense was found,

16 and the provisions of Section 109-3.1 of this Code have been

17 complied with.

18 (b) All other prosecutions may be by indictment,

19 information or complaint.

20 (c) Upon the filing of an information or indictment in

21 open court charging the defendant with the commission of a sex

22 offense defined in any Section of Article 11 of the Criminal

23 Code of 1961 or the Criminal Code of 2012, and a minor as

24 defined in Section 1-3 of the Juvenile Court Act of 1987 is

25 alleged to be the victim of the commission of the acts of the

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1 defendant in the commission of such offense, the court may

2 appoint a guardian ad litem for the minor as provided in

3 Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of

4 1987.

5 (d) Upon the filing of an information or indictment in

6 open court, the court shall immediately issue a warrant for

7 the arrest of each person charged with an offense directed to a

8 peace officer or some other person specifically named

9 commanding him to arrest such person.

10 (e) When the offense is ~~eligible for pretrial release~~

11 bailable, the judge shall endorse on the warrant the

12 ~~conditions of pretrial release~~ amount of bail required by the

13 order of the court, and if the court orders the process

14 returnable forthwith, the warrant shall require that the

15 accused be arrested and brought immediately into court.

16 (f) Where the prosecution of a felony is by information or

17 complaint after preliminary hearing, or after a waiver of

18 preliminary hearing in accordance with paragraph (a) of this

19 Section, such prosecution may be for all offenses, arising

20 from the same transaction or conduct of a defendant even

21 though the complaint or complaints filed at the preliminary

22 hearing charged only one or some of the offenses arising from

23 that transaction or conduct.

24 (Source: P.A. 97-1150, eff. 1-25-13; 101-652.)

25 (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)

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

2 Sec. 112A-23. Enforcement of protective orders.

3 (a) When violation is crime. A violation of any protective

4 order, whether issued in a civil, quasi-criminal proceeding,

5 shall be enforced by a criminal court when:

6 (1) The respondent commits the crime of violation of a

7 domestic violence order of protection pursuant to Section

8 12-3.4 or 12-30 of the Criminal Code of 1961 or the

9 Criminal Code of 2012, by having knowingly violated:

10 (i) remedies described in paragraph ~~paragraphs~~

11 (1), (2), (3), (14), or (14.5) of subsection (b) of

12 Section 112A-14 of this Code,

13 (ii) a remedy, which is substantially similar to

14 the remedies authorized underparagraph ~~paragraphs~~

15 (1), (2), (3), (14), or (14.5) of subsection (b) of

16 Section 214 of the Illinois Domestic Violence Act of

17 1986, in a valid order of protection, which is

18 authorized under the laws of another state, tribe, or

19 United States territory, or

20 (iii) any other remedy when the act constitutes a

21 crime against the protected parties as defined by the

22 Criminal Code of 1961 or the Criminal Code of 2012.

23 Prosecution for a violation of a domestic violence

24 order of protection shall not bar concurrent prosecution

25 for any other crime, including any crime that may have

26 been committed at the time of the violation of the

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1 domestic violence order of protection; or

2 (2) The respondent commits the crime of child

3 abduction pursuant to Section 10-5 of the Criminal Code of

4 1961 or the Criminal Code of 2012, by having knowingly

5 violated:

6 (i) remedies described in paragraph ~~paragraphs~~

7 (5), (6), or (8) of subsection (b) of Section 112A-14

8 of this Code, or

9 (ii) a remedy, which is substantially similar to

10 the remedies authorized underparagraph ~~paragraphs~~

11 (1), (5), (6), or (8) of subsection (b) of Section 214

12 of the Illinois Domestic Violence Act of 1986, in a

13 valid domestic violence order of protection, which is

14 authorized under the laws of another state, tribe, or

15 United States territory.

16 (3) The respondent commits the crime of violation of a

17 civil no contact order when the respondent violates

18 Section 12-3.8 of the Criminal Code of 2012. Prosecution

19 for a violation of a civil no contact order shall not bar

20 concurrent prosecution for any other crime, including any

21 crime that may have been committed at the time of the

22 violation of the civil no contact order.

23 (4) The respondent commits the crime of violation of a

24 stalking no contact order when the respondent violates

25 Section 12-3.9 of the Criminal Code of 2012. Prosecution

26 for a violation of a stalking no contact order shall not

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1 bar concurrent prosecution for any other crime, including

2 any crime that may have been committed at the time of the

3 violation of the stalking no contact order.

4 (b) When violation is contempt of court. A violation of

5 any valid protective order, whether issued in a civil or

6 criminal proceeding, may be enforced through civil or criminal

7 contempt procedures, as appropriate, by any court with

8 jurisdiction, regardless where the act or acts which violated

9 the protective order were committed, to the extent consistent

10 with the venue provisions of this Article. Nothing in this

11 Article shall preclude any Illinois court from enforcing any

12 valid protective order issued in another state. Illinois

13 courts may enforce protective orders through both criminal

14 prosecution and contempt proceedings, unless the action which

15 is second in time is barred by collateral estoppel or the

16 constitutional 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 shall be set unless specifically denied in writing.

26 (2) A petition for a rule to show cause for violation

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1 of a protective order shall be treated as an expedited

2 proceeding.

3 (c) Violation of custody, allocation of parental

4 responsibility, or support orders. A violation of remedies

5 described in paragraph ~~paragraphs~~ (5), (6), (8), or (9) of

6 subsection (b) of Section 112A-14 of this Code may be enforced

7 by any remedy provided by Section 607.5 of the Illinois

8 Marriage and Dissolution of Marriage Act. The court may

9 enforce any order for support issued under paragraph (12) of

10 subsection (b) of Section 112A-14 of this Code in the manner

11 provided for under Parts V and VII of the Illinois Marriage and

12 Dissolution of Marriage Act.

13 (d) Actual knowledge. A protective order may be enforced

14 pursuant to this Section if the respondent violates the order

15 after therespondent has actual knowledge of its contents as

16 shown through one of the following means:

17 (1) (Blank).

18 (2) (Blank).

19 (3) By service of a protective order under subsection

20 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

21 (4) By other means demonstrating actual knowledge of

22 the contents of the order.

23 (e) The enforcement of a protective order in civil or

24 criminal court shall not be affected by either of the

25 following:

26 (1) The existence of a separate, correlative order

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1 entered under Section 112A-15 of this Code.

2 (2) Any finding or order entered in a conjoined

3 criminal proceeding.

4 (e-5) If a civil no contact order entered under subsection

5 (6) of Section 112A-20 of the Code of Criminal Procedure of

6 1963 conflicts with an order issued pursuant to the Juvenile

7 Court Act of 1987 or the Illinois Marriage and Dissolution of

8 Marriage Act, the conflicting order issued under subsection

9 (6) of Section 112A-20 of the Code of Criminal Procedure of

10 1963 shall be void.

11 (f) Circumstances. The court, when determining whether or

12 not a violation of a protective order has occurred, shall not

13 require physical manifestations of abuse on the person of the

14 victim.

15 (g) Penalties.

16 (1) Except as provided in paragraph (3) of this

17 subsection (g), where the court finds the commission of a

18 crime or contempt of court undersubsection ~~subsections~~

19 (a) or (b) of this Section, the penalty shall be the

20 penalty that generally applies in such criminal or

21 contempt proceedings, and may include one or more of the

22 following: incarceration, payment of restitution, a fine,

23 payment of attorneys' fees and costs, or community

24 service.

25 (2) The court shall hear and take into account

26 evidence of any factors in aggravation or mitigation

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1 before deciding an appropriate penalty under paragraph (1)

2 of this subsection (g).

3 (3) To the extent permitted by law, the court is

4 encouraged to:

5 (i) increase the penalty for the knowing violation

6 of any protective order over any penalty previously

7 imposed by any court for respondent's violation of any

8 protective order or penal statute involving petitioner

9 as victim and respondent as defendant;

10 (ii) impose a minimum penalty of 24 hours

11 imprisonment for respondent's first violation of any

12 protective order; and

13 (iii) impose a minimum penalty of 48 hours

14 imprisonment for respondent's second or subsequent

15 violation of a protective order

16 unless the court explicitly finds that an increased

17 penalty or that period of imprisonment would be manifestly

18 unjust.

19 (4) In addition to any other penalties imposed for a

20 violation of a protective order, a criminal court may

21 consider evidence of any violations of a protective order:

22 (i) to increase, revoke, or modify the bail bond

23 on an underlying criminal charge pursuant to Section

24 110-6 of this Code;

25 (ii) to revoke or modify an order of probation,

26 conditional discharge, or supervision, pursuant to

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1 Section 5-6-4 of the Unified Code of Corrections;

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. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)

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

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,

10 shall be enforced by a criminal court when:

11 (1) The respondent commits the crime of violation of a

12 domestic violence order of protection pursuant to Section

13 12-3.4 or 12-30 of the Criminal Code of 1961 or the

14 Criminal Code of 2012, by having knowingly violated:

15 (i) remedies described in paragraph ~~paragraphs~~

16 (1), (2), (3), (14), or (14.5) of subsection (b) of

17 Section 112A-14 of this Code,

18 (ii) a remedy, which is substantially similar to

19 the remedies authorized underparagraph ~~paragraphs~~

20 (1), (2), (3), (14), or (14.5) of subsection (b) of

21 Section 214 of the Illinois Domestic Violence Act of

22 1986, in a valid order of protection, which is

23 authorized under the laws of another state, tribe, or

24 United States territory,~~or~~

25 (iii) orany other remedy when the act constitutes

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1 a crime against the protected parties as defined by

2 the Criminal Code of 1961 or the Criminal Code of 2012.

3 Prosecution for a violation of a domestic violence

4 order of protection shall not bar concurrent prosecution

5 for any other crime, including any crime that may have

6 been committed at the time of the violation of the

7 domestic violence order of protection; or

8 (2) The respondent commits the crime of child

9 abduction pursuant to Section 10-5 of the Criminal Code of

10 1961 or the Criminal Code of 2012, by having knowingly

11 violated:

12 (i) remedies described in paragraph ~~paragraphs~~

13 (5), (6), or (8) of subsection (b) of Section 112A-14

14 of this Code, or

15 (ii) a remedy, which is substantially similar to

16 the remedies authorized underparagraph ~~paragraphs~~

17 (1), (5), (6), or (8) of subsection (b) of Section 214

18 of the Illinois Domestic Violence Act of 1986, in a

19 valid domestic violence order of protection, which is

20 authorized under the laws of another state, tribe, or

21 United States territory.

22 (3) The respondent commits the crime of violation of a

23 civil no contact order when the respondent violates

24 Section 12-3.8 of the Criminal Code of 2012. Prosecution

25 for a violation of a civil no contact order shall not bar

26 concurrent prosecution for any other crime, including any

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1 crime that may have been committed at the time of the

2 violation of the civil no contact order.

3 (4) The respondent commits the crime of violation of a

4 stalking no contact order when the respondent violates

5 Section 12-3.9 of the Criminal Code of 2012. Prosecution

6 for a violation of a stalking no contact order shall not

7 bar concurrent prosecution for any other crime, including

8 any crime that may have been committed at the time of the

9 violation of the stalking no contact order.

10 (b) When violation is contempt of court. A violation of

11 any valid protective order, whether issued in a civil or

12 criminal proceeding, may be enforced through civil or criminal

13 contempt procedures, as appropriate, by any court with

14 jurisdiction, regardless where the act or acts which violated

15 the protective order were committed, to the extent consistent

16 with the venue provisions of this Article. Nothing in this

17 Article shall preclude any Illinois court from enforcing any

18 valid protective order issued in another state. Illinois

19 courts may enforce protective orders through both criminal

20 prosecution and contempt proceedings, unless the action which

21 is second in time is barred by collateral estoppel or the

22 constitutional prohibition against double jeopardy.

23 (1) In a contempt proceeding where the petition for a

24 rule to show cause sets forth facts evidencing an

25 immediate danger that the respondent will flee the

26 jurisdiction, conceal a child, or inflict physical abuse

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1 on the petitioner or minor children or on dependent adults

2 in petitioner's care, the court may order the attachment

3 of the respondent without prior service of the rule to

4 show cause or the petition for a rule to show cause. Bond

5 shall be set unless specifically denied in writing.

6 (2) A petition for a rule to show cause for violation

7 of a protective order shall be treated as an expedited

8 proceeding.

9 (c) Violation of custody, allocation of parental

10 responsibility, or support orders. A violation of remedies

11 described in paragraph ~~paragraphs~~ (5), (6), (8), or (9) of

12 subsection (b) of Section 112A-14 of this Code may be enforced

13 by any remedy provided by Section 607.5 of the Illinois

14 Marriage and Dissolution of Marriage Act. The court may

15 enforce any order for support issued under paragraph (12) of

16 subsection (b) of Section 112A-14 of this Code in the manner

17 provided for under Parts V and VII of the Illinois Marriage and

18 Dissolution of Marriage Act.

19 (d) Actual knowledge. A protective order may be enforced

20 pursuant to this Section if the respondent violates the order

21 after therespondent has actual knowledge of its contents as

22 shown through one of the following means:

23 (1) (Blank).

24 (2) (Blank).

25 (3) By service of a protective order under subsection

26 (f) of Section 112A-17.5 or Section 112A-22 of this Code.

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1 (4) By other means demonstrating actual knowledge of

2 the contents of the order.

3 (e) The enforcement of a protective 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 112A-15 of this Code.

8 (2) Any finding or order entered in a conjoined

9 criminal proceeding.

10 (e-5) If a civil no contact order entered under subsection

11 (6) of Section 112A-20 of the Code of Criminal Procedure of

12 1963 conflicts with an order issued pursuant to the Juvenile

13 Court Act of 1987 or the Illinois Marriage and Dissolution of

14 Marriage Act, the conflicting order issued under subsection

15 (6) of Section 112A-20 of the Code of Criminal Procedure of

16 1963 shall be void.

17 (f) Circumstances. The court, when determining whether or

18 not a violation of a protective order has occurred, shall not

19 require physical manifestations of abuse on the person of the

20 victim.

21 (g) Penalties.

22 (1) Except as provided in paragraph (3) of this

23 subsection (g), where the court finds the commission of a

24 crime or contempt of court undersubsection ~~subsections~~

25 (a) or (b) of this Section, the penalty shall be the

26 penalty that generally applies in such criminal or

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1 contempt proceedings, and may include one or more of the

2 following: incarceration, payment of restitution, a fine,

3 payment of attorneys' fees and costs, or community

4 service.

5 (2) The court shall hear and take into account

6 evidence of any factors in aggravation or mitigation

7 before deciding an appropriate penalty under paragraph (1)

8 of this subsection (g).

9 (3) To the extent permitted by law, the court is

10 encouraged to:

11 (i) increase the penalty for the knowing violation

12 of any protective order over any penalty previously

13 imposed by any court for respondent's violation of any

14 protective order or penal statute involving petitioner

15 as victim and respondent as defendant;

16 (ii) impose a minimum penalty of 24 hours

17 imprisonment for respondent's first violation of any

18 protective order; and

19 (iii) impose a minimum penalty of 48 hours

20 imprisonment for respondent's second or subsequent

21 violation of a protective order

22 unless the court explicitly finds that an increased

23 penalty or that period of imprisonment would be manifestly

24 unjust.

25 (4) In addition to any other penalties imposed for a

26 violation of a protective order, a criminal court may

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1 consider evidence of any violations of a protective order:

2 (i) to increase, revoke, or modify the ~~conditions~~

3 ~~of pretrial release~~ bail bondon an underlying

4 criminal charge pursuant to Section 110-6 of this

5 Code;

6 (ii) to revoke or modify an order of probation,

7 conditional discharge, or supervision, pursuant to

8 Section 5-6-4 of the Unified Code of Corrections;

9 (iii) to revoke or modify a sentence of periodic

10 imprisonment, pursuant to Section 5-7-2 of the Unified

11 Code of Corrections.

12 (Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;

13 102-558, eff. 8-20-21; revised 10-12-21.)

14 (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)

15 Sec. 114-1. Motion to dismiss charge.

16 (a) Upon the written motion of the defendant made prior to

17 trial before or after a plea has been entered the court may

18 dismiss the indictment, information or complaint upon any of

19 the following grounds:

20 (1) The defendant has not been placed on trial in

21 compliance with Section 103-5 of this Code.

22 (2) The prosecution of the offense is barred by

23 Sections 3-3 through 3-8 of the Criminal Code of 2012.

24 (3) The defendant has received immunity from

25 prosecution for the offense charged.

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1 (4) The indictment was returned by a Grand Jury which

2 was improperly selected and which results in substantial

3 injustice to the defendant.

4 (5) The indictment was returned by a Grand Jury which

5 acted contrary to Article 112 of this Code and which

6 results in substantial injustice to the defendant.

7 (6) The court in which the charge has been filed does

8 not have jurisdiction.

9 (7) The county is an improper place of trial.

10 (8) The charge does not state an offense.

11 (9) The indictment is based solely upon the testimony

12 of an incompetent witness.

13 (10) The defendant is misnamed in the charge and the

14 misnomer results in substantial injustice to the

15 defendant.

16 (11) The requirements of Section 109-3.1 have not been

17 complied with.

18 (b) The court shall require any motion to dismiss to be

19 filed within a reasonable time after the defendant has been

20 arraigned. Any motion not filed within such time or an

21 extension thereof shall not be considered by the court and the

22 grounds therefor, except as to subsections (a)(6) and (a)(8)

23 of this Section, are waived.

24 (c) If the motion presents only an issue of law the court

25 shall determine it without the necessity of further pleadings.

26 If the motion alleges facts not of record in the case the State

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1 shall file an answer admitting or denying each of the factual

2 allegations of the motion.

3 (d) When an issue of fact is presented by a motion to

4 dismiss and the answer of the State the court shall conduct a

5 hearing and determine the issues.

6 (d-5) When a defendant seeks dismissal of the charge upon

7 the ground set forth in subsection (a)(7) of this Section, the

8 defendant shall make a prima facie showing that the county is

9 an improper place of trial. Upon such showing, the State shall

10 have the burden of proving, by a preponderance of the

11 evidence, that the county is the proper place of trial.

12 (d-6) When a defendant seeks dismissal of the charge upon

13 the grounds set forth in subsection (a)(2) of this Section,

14 the prosecution shall have the burden of proving, by a

15 preponderance of the evidence, that the prosecution of the

16 offense is not barred by Sections 3-3 through 3-8 of the

17 Criminal Code of 2012.

18 (e) Dismissal of the charge upon the grounds set forth in

19 subsections (a)(4) through (a)(11) of this Section shall not

20 prevent the return of a new indictment or the filing of a new

21 charge, and upon such dismissal the court may order that the

22 defendant be held in custody or, if the defendant had been

23 previously released on ~~pretrial release~~ bail, that the

24 ~~pretrial release~~ bail be continued for a specified time

25 pending the return of a new indictment or the filing of a new

26 charge.

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1 (f) If the court determines that the motion to dismiss

2 based upon the grounds set forth in subsections (a)(6) and

3 (a)(7) is well founded it may, instead of dismissal, order the

4 cause transferred to a court of competent jurisdiction or to a

5 proper place of trial.

6 (Source: P.A. 100-434, eff. 1-1-18; 101-652.)

7 (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)

8 Sec. 115-4.1. Absence of defendant.

9 (a) When a defendant after arrest and an initial court

10 appearance for a non-capital felony or a misdemeanor, fails to

11 appear for trial, at the request of the State and after the

12 State has affirmatively proven through substantial evidence

13 that the defendant is willfully avoiding trial, the court may

14 commence trial in the absence of the defendant. Absence of a

15 defendant as specified in this Section shall not be a bar to

16 indictment of a defendant, return of information against a

17 defendant, or arraignment of a defendant for the charge for

18 which~~pretrial release~~ bail has been granted. If a defendant

19 fails to appear at arraignment, the court may enter a plea of

20 "not guilty" on his behalf. If a defendant absents himself

21 before trial on a capital felony, trial may proceed as

22 specified in this Section provided that the State certifies

23 that it will not seek a death sentence following conviction.

24 Trial in the defendant's absence shall be by jury unless the

25 defendant had previously waived trial by jury. The absent

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1 defendant must be represented by retained or appointed

2 counsel. The court, at the conclusion of all of the

3 proceedings, may order the clerk of the circuit court to pay

4 counsel such sum as the court deems reasonable, from any bond

5 monies which were posted by the defendant with the clerk,

6 after the clerk has first deducted all court costs. If trial

7 had previously commenced in the presence of the defendant and

8 the defendant willfully absents himself for two successive

9 court days, the court shall proceed to trial. All procedural

10 rights guaranteed by the United States Constitution,

11 Constitution of the State of Illinois, statutes of the State

12 of Illinois, and rules of court shall apply to the proceedings

13 the same as if the defendant were present in court and had not

14 either ~~had his or her pretrial release revoked~~ forfeited his

15 bail bondor escaped from custody. The court may set the case

16 for a trial which may be conducted under this Section despite

17 the failure of the defendant to appear at the hearing at which

18 the trial date is set. When such trial date is set the clerk

19 shall send to the defendant, by certified mail at his last

20 known address indicated on his bond slip, notice of the new

21 date which has been set for trial. Such notification shall be

22 required when the defendant was not personally present in open

23 court at the time when the case was set for trial.

24 (b) The absence of a defendant from a trial conducted

25 pursuant to this Section does not operate as a bar to

26 concluding the trial, to a judgment of conviction resulting

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1 therefrom, or to a final disposition of the trial in favor of

2 the defendant.

3 (c) Upon a verdict of not guilty, the court shall enter

4 judgment for the defendant. Upon a verdict of guilty, the

5 court shall set a date for the hearing of post-trial motions

6 and shall hear such motion in the absence of the defendant. If

7 post-trial motions are denied, the court shall proceed to

8 conduct a sentencing hearing and to impose a sentence upon the

9 defendant.

10 (d) A defendant who is absent for part of the proceedings

11 of trial, post-trial motions, or sentencing, does not thereby

12 forfeit his right to be present at all remaining proceedings.

13 (e) When a defendant who in his absence has been either

14 convicted or sentenced or both convicted and sentenced appears

15 before the court, he must be granted a new trial or new

16 sentencing hearing if the defendant can establish that his

17 failure to appear in court was both without his fault and due

18 to circumstances beyond his control. A hearing with notice to

19 the State's Attorney on the defendant's request for a new

20 trial or a new sentencing hearing must be held before any such

21 request may be granted. At any such hearing both the defendant

22 and the State may present evidence.

23 (f) If the court grants only the defendant's request for a

24 new sentencing hearing, then a new sentencing hearing shall be

25 held in accordance with the provisions of the Unified Code of

26 Corrections. At any such hearing, both the defendant and the

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1 State may offer evidence of the defendant's conduct during his

2 period of absence from the court. The court may impose any

3 sentence authorized by the Unified Code of Corrections and is

4 not in any way limited or restricted by any sentence

5 previously imposed.

6 (g) A defendant whose motion under paragraph (e) for a new

7 trial or new sentencing hearing has been denied may file a

8 notice of appeal therefrom. Such notice may also include a

9 request for review of the judgment and sentence not vacated by

10 the trial court.

11 (Source: P.A. 90-787, eff. 8-14-98; 101-652.)

12 (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)

13 Sec. 122-6. Disposition in trial court.

14 The court may receive proof by affidavits, depositions,

15 oral testimony, or other evidence. In its discretion the court

16 may order the petitioner brought before the court for the

17 hearing. If the court finds in favor of the petitioner, it

18 shall enter an appropriate order with respect to the judgment

19 or sentence in the former proceedings and such supplementary

20 orders as to rearraignment, retrial, custody, ~~conditions of~~

21 ~~pretrial release~~ bailor discharge as may be necessary and

22 proper.

23 (Source: Laws 1963, p. 2836; P.A. 101-652.)

24 (725 ILCS 5/110-1.5 rep.)

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1 Section 225. The Code of Criminal Procedure of 1963 is

2 amended by repealing Section 110-1.5.

3 Section 230. The Code of Criminal Procedure of 1963 is

4 amended by changing the heading of Article 110 by changing

5 Sections 103-2, 103-3, and 108-8 as follows:

6 (725 ILCS 5/103-2) (from Ch. 38, par. 103-2)

7 Sec. 103-2. Treatment while in custody.

8 (a) On being taken into custody every person shall have

9 the right to remain silent.

10 (b) No unlawful means of any kind shall be used to obtain a

11 statement, admission or confession from any person in custody.

12 (c) Persons in custody shall be treated humanely and

13 provided with proper food, shelter and, if required, medical

14 treatment ~~without unreasonable delay if the need for the~~

15 ~~treatment is apparent~~.

16 (Source: Laws 1963, p. 2836; P.A. 101-652.)

17 (725 ILCS 5/103-3) (from Ch. 38, par. 103-3)

18 Sec. 103-3. Right to communicate with attorney and family;

19 transfers.

20 (a) ~~(Blank).~~ Persons who are arrested shall have the right

21 to communicate with an attorney of their choice and a member of

22 their family by making a reasonable number of telephone calls

23 or in any other reasonable manner. Such communication shall be

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1 permitted within a reasonable time after arrival at the first

2 place of custody.

3 ~~(a-5) Persons who are in police custody have the right to~~

4 ~~communicate free of charge with an attorney of their choice~~

5 ~~and members of their family as soon as possible upon being~~

6 ~~taken into police custody, but no later than three hours after~~

7 ~~arrival at the first place of custody. Persons in police~~

8 ~~custody must be given:~~

9 ~~(1) access to use a telephone via a land line or~~

10 ~~cellular phone to make three phone calls; and~~

11 ~~(2) the ability to retrieve phone numbers contained in~~

12 ~~his or her contact list on his or her cellular phone prior~~

13 ~~to the phone being placed into inventory.~~

14 ~~(a-10) In accordance with Section 103-7, at every facility~~

15 ~~where a person is in police custody a sign containing, at~~

16 ~~minimum, the following information in bold block type must be~~

17 ~~posted in a conspicuous place:~~

18 ~~(1) a short statement notifying persons who are in~~

19 ~~police custody of their right to have access to a phone~~

20 ~~within three hours after being taken into police custody;~~

21 ~~and~~

22 ~~(2) persons who are in police custody have the right~~

23 ~~to make three phone calls within three hours after being~~

24 ~~taken into custody, at no charge.~~

25 ~~(a-15) In addition to the information listed in subsection~~

26 ~~(a-10), if the place of custody is located in a jurisdiction~~

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1 ~~where the court has appointed the public defender or other~~

2 ~~attorney to represent persons who are in police custody, the~~

3 ~~telephone number to the public defender or appointed~~

4 ~~attorney's office must also be displayed. The telephone call~~

5 ~~to the public defender or other attorney must not be~~

6 ~~monitored, eavesdropped upon, or recorded.~~

7 (b) ~~(Blank).~~ In the event the accused is transferred to a

8 new place of custody his right to communicate with an attorney

9 and a member of his family is renewed.

10 ~~(c) In the event a person who is in police custody is~~

11 ~~transferred to a new place of custody, his or her right to make~~

12 ~~telephone calls under this Section within three hours after~~

13 ~~arrival is renewed.~~

14 ~~(d) In this Section "custody" means the restriction of a~~

15 ~~person's freedom of movement by a law enforcement officer's~~

16 ~~exercise of his or her lawful authority.~~

17 ~~(e) The three hours requirement shall not apply while the~~

18 ~~person in police custody is asleep, unconscious, or otherwise~~

19 ~~incapacitated.~~

20 ~~(f) Nothing in this Section shall interfere with a~~

21 ~~person's rights or override procedures required in the Bill of~~

22 ~~Rights of the Illinois and US Constitutions, including but not~~

23 ~~limited to Fourth Amendment search and seizure rights, Fifth~~

24 ~~Amendment due process rights and rights to be free from~~

25 ~~self-incrimination and Sixth Amendment right to counsel.~~

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

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1 (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)

2 Sec. 108-8. Use of force in execution of search warrant.

3 (a) All necessary and reasonable force may be used to

4 effect an entry into any building or property or part thereof

5 to execute a search warrant.

6 (b) The court issuing a warrant may authorize the officer

7 executing the warrant to make entry without first knocking and

8 announcing his or her office if it finds, based upon a showing

9 of specific facts, the existence of the following exigent

10 circumstances:

11 (1) That the officer reasonably believes that if

12 notice were given a weapon would be used:

13 (i) against the officer executing the search

14 warrant; or

15 (ii) against another person.

16 (2) That if notice were given there is an imminent

17 "danger" that evidence will be destroyed.

18 ~~(c) Prior to the issuing of a warrant under subsection~~

19 ~~(b), the officer must attest that:~~

20 ~~(1) prior to entering the location described in the~~

21 ~~search warrant, a supervising officer will ensure that~~

22 ~~each participating member is assigned a body worn camera~~

23 ~~and is following policies and procedures in accordance~~

24 ~~with Section 10-20 of the Law Enforcement Officer-Worn~~

25 ~~Body Camera Act; provided that the law enforcement agency~~

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1 ~~has implemented body worn camera in accordance with~~

2 ~~Section 10-15 of the Law Enforcement Officer-Worn Body~~

3 ~~Camera Act. If a law enforcement agency has not~~

4 ~~implemented a body camera in accordance with Section 10-15~~

5 ~~of the Law Enforcement Officer-Worn Body Camera Act, the~~

6 ~~officer must attest that the interaction authorized by the~~

7 ~~warrant is otherwise recorded;~~

8 ~~(2) steps were taken in planning the search to ensure~~

9 ~~accuracy and plan for children or other vulnerable people~~

10 ~~on-site; and~~

11 ~~(3) if an officer becomes aware the search warrant was~~

12 ~~executed at an address, unit, or apartment different from~~

13 ~~the location listed on the search warrant, that member~~

14 ~~will immediately notify a supervisor who will ensure an~~

15 ~~internal investigation ensues.~~

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

17 Section 235. The Code of Criminal Procedure of 1963 is

18 amended by reenacting Sections 110-6.3, 110-6.5, 110-7, 110-8,

19 110-9, 110-13, 110-14, 110-15, 110-16, 110-17, and 110-18 as

20 follows:

21 (725 ILCS 5/110-6.3) (from Ch. 38, par. 110-6.3)

22 Sec. 110-6.3. Denial of bail in stalking and aggravated

23 stalking offenses.

24 (a) Upon verified petition by the State, the court shall

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1 hold a hearing to determine whether bail should be denied to a

2 defendant who is charged with stalking or aggravated stalking,

3 when it is alleged that the defendant's admission to bail

4 poses a real and present threat to the physical safety of the

5 alleged victim of the offense, and denial of release on bail or

6 personal recognizance is necessary to prevent fulfillment of

7 the threat upon which the charge is based.

8 (1) A petition may be filed without prior notice to

9 the defendant at the first appearance before a judge, or

10 within 21 calendar days, except as provided in Section

11 110-6, after arrest and release of the defendant upon

12 reasonable notice to defendant; provided that while the

13 petition is pending before the court, the defendant if

14 previously released shall not be detained.

15 (2) The hearing shall be held immediately upon the

16 defendant's appearance before the court, unless for good

17 cause shown the defendant or the State seeks a

18 continuance. A continuance on motion of the defendant may

19 not exceed 5 calendar days, and the defendant may be held

20 in custody during the continuance. A continuance on the

21 motion of the State may not exceed 3 calendar days;

22 however, the defendant may be held in custody during the

23 continuance under this provision if the defendant has been

24 previously found to have violated an order of protection

25 or has been previously convicted of, or granted court

26 supervision for, any of the offenses set forth in Sections

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1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,

2 12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,

3 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code

4 of 1961 or the Criminal Code of 2012, against the same

5 person as the alleged victim of the stalking or aggravated

6 stalking offense.

7 (b) The court may deny bail to the defendant when, after

8 the hearing, it is determined that:

9 (1) the proof is evident or the presumption great that

10 the defendant has committed the offense of stalking or

11 aggravated stalking; and

12 (2) the defendant poses a real and present threat to

13 the physical safety of the alleged victim of the offense;

14 and

15 (3) the denial of release on bail or personal

16 recognizance is necessary to prevent fulfillment of the

17 threat upon which the charge is based; and

18 (4) the court finds that no condition or combination

19 of conditions set forth in subsection (b) of Section

20 110-10 of this Code, including mental health treatment at

21 a community mental health center, hospital, or facility of

22 the Department of Human Services, can reasonably assure

23 the physical safety of the alleged victim of the offense.

24 (c) Conduct of the hearings.

25 (1) The hearing on the defendant's culpability and

26 threat to the alleged victim of the offense shall be

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1 conducted in accordance with the following provisions:

2 (A) Information used by the court in its findings

3 or stated in or offered at the hearing may be by way of

4 proffer based upon reliable information offered by the

5 State or by defendant. Defendant has the right to be

6 represented by counsel, and if he is indigent, to have

7 counsel appointed for him. Defendant shall have the

8 opportunity to testify, to present witnesses in his

9 own behalf, and to cross-examine witnesses if any are

10 called by the State. The defendant has the right to

11 present witnesses in his favor. When the ends of

12 justice so require, the court may exercise its

13 discretion and compel the appearance of a complaining

14 witness. The court shall state on the record reasons

15 for granting a defense request to compel the presence

16 of a complaining witness. Cross-examination of a

17 complaining witness at the pretrial detention hearing

18 for the purpose of impeaching the witness' credibility

19 is insufficient reason to compel the presence of the

20 witness. In deciding whether to compel the appearance

21 of a complaining witness, the court shall be

22 considerate of the emotional and physical well-being

23 of the witness. The pretrial detention hearing is not

24 to be used for the purposes of discovery, and the post

25 arraignment rules of discovery do not apply. The State

26 shall tender to the defendant, prior to the hearing,

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1 copies of defendant's criminal history, if any, if

2 available, and any written or recorded statements and

3 the substance of any oral statements made by any

4 person, if relied upon by the State. The rules

5 concerning the admissibility of evidence in criminal

6 trials do not apply to the presentation and

7 consideration of information at the hearing. At the

8 trial concerning the offense for which the hearing was

9 conducted 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 (B) A motion by the defendant to suppress evidence

15 or to suppress a confession shall not be entertained.

16 Evidence that proof may have been obtained as the

17 result of an unlawful search and seizure or through

18 improper interrogation is not relevant to this state

19 of the prosecution.

20 (2) The facts relied upon by the court to support a

21 finding that:

22 (A) the defendant poses a real and present threat

23 to the physical safety of the alleged victim of the

24 offense; and

25 (B) the denial of release on bail or personal

26 recognizance is necessary to prevent fulfillment of

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1 the threat upon which the charge is based;

2 shall be supported by clear and convincing evidence

3 presented by the State.

4 (d) Factors to be considered in making a determination of

5 the threat to the alleged victim of the offense. The court may,

6 in determining whether the defendant poses, at the time of the

7 hearing, a real and present threat to the physical safety of

8 the alleged victim of the offense, consider but shall not be

9 limited to evidence or testimony concerning:

10 (1) The nature and circumstances of the offense

11 charged;

12 (2) The history and characteristics of the defendant

13 including:

14 (A) Any evidence of the defendant's prior criminal

15 history indicative of violent, abusive or assaultive

16 behavior, or lack of that behavior. The evidence may

17 include testimony or documents received in juvenile

18 proceedings, criminal, quasi-criminal, civil

19 commitment, domestic relations or other proceedings;

20 (B) Any evidence of the defendant's psychological,

21 psychiatric or other similar social history that tends

22 to indicate a violent, abusive, or assaultive nature,

23 or lack of any such history.

24 (3) The nature of the threat which is the basis of the

25 charge against the defendant;

26 (4) Any statements made by, or attributed to the

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1 defendant, together with the circumstances surrounding

2 them;

3 (5) The age and physical condition of any person

4 assaulted by the defendant;

5 (6) Whether the defendant is known to possess or have

6 access to any weapon or weapons;

7 (7) Whether, at the time of the current offense or any

8 other offense or arrest, the defendant was on probation,

9 parole, aftercare release, mandatory supervised release or

10 other release from custody pending trial, sentencing,

11 appeal or completion of sentence for an offense under

12 federal or state law;

13 (8) Any other factors, including those listed in

14 Section 110-5 of this Code, deemed by the court to have a

15 reasonable bearing upon the defendant's propensity or

16 reputation for violent, abusive or assaultive behavior, or

17 lack of that behavior.

18 (e) The court shall, in any order denying bail to a person

19 charged with stalking or aggravated stalking:

20 (1) briefly summarize the evidence of the defendant's

21 culpability and its reasons for concluding that the

22 defendant should be held without bail;

23 (2) direct that the defendant be committed to the

24 custody of the sheriff for confinement in the county jail

25 pending trial;

26 (3) direct that the defendant be given a reasonable

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1 opportunity for private consultation with counsel, and for

2 communication with others of his choice by visitation,

3 mail and telephone; and

4 (4) direct that the sheriff deliver the defendant as

5 required for appearances in connection with court

6 proceedings.

7 (f) If the court enters an order for the detention of the

8 defendant under subsection (e) of this Section, the defendant

9 shall be brought to trial on the offense for which he is

10 detained within 90 days after the date on which the order for

11 detention was entered. If the defendant is not brought to

12 trial within the 90 day period required by this subsection

13 (f), he shall not be held longer without bail. In computing the

14 90 day period, the court shall omit any period of delay

15 resulting from a continuance granted at the request of the

16 defendant. The court shall immediately notify the alleged

17 victim of the offense that the defendant has been admitted to

18 bail under this subsection.

19 (g) Any person shall be entitled to appeal any order

20 entered under this Section denying bail to the defendant.

21 (h) The State may appeal any order entered under this

22 Section denying any motion for denial of bail.

23 (i) Nothing in this Section shall be construed as

24 modifying or limiting in any way the defendant's presumption

25 of innocence in further criminal proceedings.

26 (Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;

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1 98-558, eff. 1-1-14; 101-652, eff. 7-1-21.)

2 (725 ILCS 5/110-6.5)

3 Sec. 110-6.5. Drug testing program. The Chief Judge of the

4 circuit may establish a drug testing program as provided by

5 this Section in any county in the circuit if the county board

6 has approved the establishment of the program and the county

7 probation department or pretrial services agency has consented

8 to administer it. The drug testing program shall be conducted

9 under the following provisions:

10 (a) The court, in the case of a defendant charged with a

11 felony offense or any offense involving the possession or

12 delivery of cannabis or a controlled substance, shall:

13 (1) not consider the release of the defendant on his

14 or her own recognizance, unless the defendant consents to

15 periodic drug testing during the period of release on his

16 or her own recognizance, in accordance with this Section;

17 (2) consider the consent of the defendant to periodic

18 drug testing during the period of release on bail in

19 accordance with this Section as a favorable factor for the

20 defendant in determining the amount of bail, the

21 conditions of release or in considering the defendant's

22 motion to reduce the amount of bail.

23 (b) The drug testing shall be conducted by the pretrial

24 services agency or under the direction of the probation

25 department when a pretrial services agency does not exist in

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1 accordance with this Section.

2 (c) A defendant who consents to periodic drug testing as

3 set forth in this Section shall sign an agreement with the

4 court that, during the period of release, the defendant shall

5 refrain from using illegal drugs and that the defendant will

6 comply with the conditions of the testing program. The

7 agreement shall be on a form prescribed by the court and shall

8 be executed at the time of the bail hearing. This agreement

9 shall be made a specific condition of bail.

10 (d) The drug testing program shall be conducted as

11 follows:

12 (1) The testing shall be done by urinalysis for the

13 detection of phencyclidine, heroin, cocaine, methadone and

14 amphetamines.

15 (2) The collection of samples shall be performed under

16 reasonable and sanitary conditions.

17 (3) Samples shall be collected and tested with due

18 regard for the privacy of the individual being tested and

19 in a manner reasonably calculated to prevent substitutions

20 or interference with the collection or testing of reliable

21 samples.

22 (4) Sample collection shall be documented, and the

23 documentation procedures shall include:

24 (i) Labeling of samples so as to reasonably

25 preclude the probability of erroneous identification

26 of test results; and

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1 (ii) An opportunity for the defendant to provide

2 information on the identification of prescription or

3 nonprescription drugs used in connection with a

4 medical condition.

5 (5) Sample collection, storage, and transportation to

6 the place of testing shall be performed so as to

7 reasonably preclude the probability of sample

8 contamination or adulteration.

9 (6) Sample testing shall conform to scientifically

10 accepted analytical methods and procedures. Testing shall

11 include verification or confirmation of any positive test

12 result by a reliable analytical method before the result

13 of any test may be used as a basis for any action by the

14 court.

15 (e) The initial sample shall be collected before the

16 defendant's release on bail. Thereafter, the defendant shall

17 report to the pretrial services agency or probation department

18 as required by the agency or department. The pretrial services

19 agency or probation department shall immediately notify the

20 court of any defendant who fails to report for testing.

21 (f) After the initial test, a subsequent confirmed

22 positive test result indicative of continued drug use shall

23 result in the following:

24 (1) Upon the first confirmed positive test result, the

25 pretrial services agency or probation department, shall

26 place the defendant on a more frequent testing schedule

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1 and shall warn the defendant of the consequences of

2 continued drug use.

3 (2) A second confirmed positive test result shall be

4 grounds for a hearing before the judge who authorized the

5 release of the defendant in accordance with the provisions

6 of subsection (g) of this Section.

7 (g) The court shall, upon motion of the State or upon its

8 own motion, conduct a hearing in connection with any defendant

9 who fails to appear for testing, fails to cooperate with the

10 persons conducting the testing program, attempts to submit a

11 sample not his or her own or has had a confirmed positive test

12 result indicative of continued drug use for the second or

13 subsequent time after the initial test. The hearing shall be

14 conducted in accordance with the procedures of Section 110-6.

15 Upon a finding by the court that the State has established

16 by clear and convincing evidence that the defendant has

17 violated the drug testing conditions of bail, the court may

18 consider any of the following sanctions:

19 (1) increase the amount of the defendant's bail or

20 conditions of release;

21 (2) impose a jail sentence of up to 5 days;

22 (3) revoke the defendant's bail; or

23 (4) enter such other orders which are within the power

24 of the court as deemed appropriate.

25 (h) The results of any drug testing conducted under this

26 Section shall not be admissible on the issue of the

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1 defendant's guilt in connection with any criminal charge.

2 (i) The court may require that the defendant pay for the

3 cost of drug testing.

4 (Source: P.A. 88-677, eff. 12-15-94; 101-652, eff. 7-1-21.)

5 (725 ILCS 5/110-7) (from Ch. 38, par. 110-7)

6 Sec. 110-7. Deposit of bail security.

7 (a) The person for whom bail has been set shall execute the

8 bail bond and deposit with the clerk of the court before which

9 the proceeding is pending a sum of money equal to 10% of the

10 bail, but in no event shall such deposit be less than $25. The

11 clerk of the court shall provide a space on each form for a

12 person other than the accused who has provided the money for

13 the posting of bail to so indicate and a space signed by an

14 accused who has executed the bail bond indicating whether a

15 person other than the accused has provided the money for the

16 posting of bail. The form shall also include a written notice

17 to such person who has provided the defendant with the money

18 for the posting of bail indicating that the bail may be used to

19 pay costs, attorney's fees, fines, or other purposes

20 authorized by the court and if the defendant fails to comply

21 with the conditions of the bail bond, the court shall enter an

22 order declaring the bail to be forfeited. The written notice

23 must be: (1) distinguishable from the surrounding text; (2) in

24 bold type or underscored; and (3) in a type size at least 2

25 points larger than the surrounding type. When a person for

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1 whom bail has been set is charged with an offense under the

2 Illinois Controlled Substances Act or the Methamphetamine

3 Control and Community Protection Act which is a Class X

4 felony, or making a terrorist threat in violation of Section

5 29D-20 of the Criminal Code of 1961 or the Criminal Code of

6 2012 or an attempt to commit the offense of making a terrorist

7 threat, the court may require the defendant to deposit a sum

8 equal to 100% of the bail. Where any person is charged with a

9 forcible felony while free on bail and is the subject of

10 proceedings under Section 109-3 of this Code the judge

11 conducting the preliminary examination may also conduct a

12 hearing upon the application of the State pursuant to the

13 provisions of Section 110-6 of this Code to increase or revoke

14 the bail for that person's prior alleged offense.

15 (b) Upon depositing this sum and any bond fee authorized

16 by law, the person shall be released from custody subject to

17 the conditions of the bail bond.

18 (c) Once bail has been given and a charge is pending or is

19 thereafter filed in or transferred to a court of competent

20 jurisdiction the latter court shall continue the original bail

21 in that court subject to the provisions of Section 110-6 of

22 this Code.

23 (d) After conviction the court may order that the original

24 bail stand as bail pending appeal or deny, increase or reduce

25 bail subject to the provisions of Section 110-6.2.

26 (e) After the entry of an order by the trial court allowing

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1 or denying bail pending appeal either party may apply to the

2 reviewing court having jurisdiction or to a justice thereof

3 sitting in vacation for an order increasing or decreasing the

4 amount of bail or allowing or denying bail pending appeal

5 subject to the provisions of Section 110-6.2.

6 (f) When the conditions of the bail bond have been

7 performed and the accused has been discharged from all

8 obligations in the cause the clerk of the court shall return to

9 the accused or to the defendant's designee by an assignment

10 executed at the time the bail amount is deposited, unless the

11 court orders otherwise, 90% of the sum which had been

12 deposited and shall retain as bail bond costs 10% of the amount

13 deposited. However, in no event shall the amount retained by

14 the clerk as bail bond costs be less than $5. Notwithstanding

15 the foregoing, in counties with a population of 3,000,000 or

16 more, in no event shall the amount retained by the clerk as

17 bail bond costs exceed $100. Bail bond deposited by or on

18 behalf of a defendant in one case may be used, in the court's

19 discretion, to satisfy financial obligations of that same

20 defendant incurred in a different case due to a fine, court

21 costs, restitution or fees of the defendant's attorney of

22 record. In counties with a population of 3,000,000 or more,

23 the court shall not order bail bond deposited by or on behalf

24 of a defendant in one case to be used to satisfy financial

25 obligations of that same defendant in a different case until

26 the bail bond is first used to satisfy court costs and

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1 attorney's fees in the case in which the bail bond has been

2 deposited and any other unpaid child support obligations are

3 satisfied. In counties with a population of less than

4 3,000,000, the court shall not order bail bond deposited by or

5 on behalf of a defendant in one case to be used to satisfy

6 financial obligations of that same defendant in a different

7 case until the bail bond is first used to satisfy court costs

8 in the case in which the bail bond has been deposited.

9 At the request of the defendant the court may order such

10 90% of defendant's bail deposit, or whatever amount is

11 repayable to defendant from such deposit, to be paid to

12 defendant's attorney of record.

13 (g) If the accused does not comply with the conditions of

14 the bail bond the court having jurisdiction shall enter an

15 order declaring the bail to be forfeited. Notice of such order

16 of forfeiture shall be mailed forthwith to the accused at his

17 last known address. If the accused does not appear and

18 surrender to the court having jurisdiction within 30 days from

19 the date of the forfeiture or within such period satisfy the

20 court that appearance and surrender by the accused is

21 impossible and without his fault the court shall enter

22 judgment for the State if the charge for which the bond was

23 given was a felony or misdemeanor, or if the charge was

24 quasi-criminal or traffic, judgment for the political

25 subdivision of the State which prosecuted the case, against

26 the accused for the amount of the bail and costs of the court

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1 proceedings; however, in counties with a population of less

2 than 3,000,000, instead of the court entering a judgment for

3 the full amount of the bond the court may, in its discretion,

4 enter judgment for the cash deposit on the bond, less costs,

5 retain the deposit for further disposition or, if a cash bond

6 was posted for failure to appear in a matter involving

7 enforcement of child support or maintenance, the amount of the

8 cash deposit on the bond, less outstanding costs, may be

9 awarded to the person or entity to whom the child support or

10 maintenance is due. The deposit made in accordance with

11 paragraph (a) shall be applied to the payment of costs. If

12 judgment is entered and any amount of such deposit remains

13 after the payment of costs it shall be applied to payment of

14 the judgment and transferred to the treasury of the municipal

15 corporation wherein the bond was taken if the offense was a

16 violation of any penal ordinance of a political subdivision of

17 this State, or to the treasury of the county wherein the bond

18 was taken if the offense was a violation of any penal statute

19 of this State. The balance of the judgment may be enforced and

20 collected in the same manner as a judgment entered in a civil

21 action.

22 (h) After a judgment for a fine and court costs or either

23 is entered in the prosecution of a cause in which a deposit had

24 been made in accordance with paragraph (a) the balance of such

25 deposit, after deduction of bail bond costs, shall be applied

26 to the payment of the judgment.

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1 (i) When a court appearance is required for an alleged

2 violation of the Criminal Code of 1961, the Criminal Code of

3 2012, the Illinois Vehicle Code, the Wildlife Code, the Fish

4 and Aquatic Life Code, the Child Passenger Protection Act, or

5 a comparable offense of a unit of local government as

6 specified in Supreme Court Rule 551, and if the accused does

7 not appear in court on the date set for appearance or any date

8 to which the case may be continued and the court issues an

9 arrest warrant for the accused, based upon his or her failure

10 to appear when having so previously been ordered to appear by

11 the court, the accused upon his or her admission to bail shall

12 be assessed by the court a fee of $75. Payment of the fee shall

13 be a condition of release unless otherwise ordered by the

14 court. The fee shall be in addition to any bail that the

15 accused is required to deposit for the offense for which the

16 accused has been charged and may not be used for the payment of

17 court costs or fines assessed for the offense. The clerk of the

18 court shall remit $70 of the fee assessed to the arresting

19 agency who brings the offender in on the arrest warrant. If the

20 Department of State Police is the arresting agency, $70 of the

21 fee assessed shall be remitted by the clerk of the court to the

22 State Treasurer within one month after receipt for deposit

23 into the State Police Operations Assistance Fund. The clerk of

24 the court shall remit $5 of the fee assessed to the Circuit

25 Court Clerk Operation and Administrative Fund as provided in

26 Section 27.3d of the Clerks of Courts Act.

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1 (Source: P.A. 99-412, eff. 1-1-16; 101-652, eff. 7-1-21.)

2 (725 ILCS 5/110-8) (from Ch. 38, par. 110-8)

3 Sec. 110-8. Cash, stocks, bonds and real estate as

4 security for bail.

5 (a) In lieu of the bail deposit provided for in Section

6 110-7 of this Code any person for whom bail has been set may

7 execute the bail bond with or without sureties which bond may

8 be secured:

9 (1) By a deposit, with the clerk of the court, of an amount

10 equal to the required bail, of cash, or stocks and bonds in

11 which trustees are authorized to invest trust funds under the

12 laws of this State; or

13 (2) By real estate situated in this State with

14 unencumbered equity not exempt owned by the accused or

15 sureties worth double the amount of bail set in the bond.

16 (b) If the bail bond is secured by stocks and bonds the

17 accused or sureties shall file with the bond a sworn schedule

18 which shall be approved by the court and shall contain:

19 (1) A list of the stocks and bonds deposited

20 describing each in sufficient detail that it may be

21 identified;

22 (2) The market value of each stock and bond;

23 (3) The total market value of the stocks and bonds

24 listed;

25 (4) A statement that the affiant is the sole owner of

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1 the stocks and bonds listed and they are not exempt from

2 the enforcement of a judgment thereon;

3 (5) A statement that such stocks and bonds have not

4 previously been used or accepted as bail in this State

5 during the 12 months preceding the date of the bail bond;

6 and

7 (6) A statement that such stocks and bonds are

8 security for the appearance of the accused in accordance

9 with the conditions of the bail bond.

10 (c) If the bail bond is secured by real estate the accused

11 or sureties shall file with the bond a sworn schedule which

12 shall contain:

13 (1) A legal description of the real estate;

14 (2) A description of any and all encumbrances on the

15 real estate including the amount of each and the holder

16 thereof;

17 (3) The market value of the unencumbered equity owned

18 by the affiant;

19 (4) A statement that the affiant is the sole owner of

20 such unencumbered equity and that it is not exempt from

21 the enforcement of a judgment thereon;

22 (5) A statement that the real estate has not

23 previously been used or accepted as bail in this State

24 during the 12 months preceding the date of the bail bond;

25 and

26 (6) A statement that the real estate is security for

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1 the appearance of the accused in accordance with the

2 conditions of the bail bond.

3 (d) The sworn schedule shall constitute a material part of

4 the bail bond. The affiant commits perjury if in the sworn

5 schedule he makes a false statement which he does not believe

6 to be true. He shall be prosecuted and punished accordingly,

7 or, he may be punished for contempt.

8 (e) A certified copy of the bail bond and schedule of real

9 estate shall be filed immediately in the office of the

10 registrar of titles or recorder of the county in which the real

11 estate is situated and the State shall have a lien on such real

12 estate from the time such copies are filed in the office of the

13 registrar of titles or recorder. The registrar of titles or

14 recorder shall enter, index and record (or register as the

15 case may be) such bail bonds and schedules without requiring

16 any advance fee, which fee shall be taxed as costs in the

17 proceeding and paid out of such costs when collected.

18 (f) When the conditions of the bail bond have been

19 performed and the accused has been discharged from his

20 obligations in the cause, the clerk of the court shall return

21 to him or his sureties the deposit of any cash, stocks or

22 bonds. If the bail bond has been secured by real estate the

23 clerk of the court shall forthwith notify in writing the

24 registrar of titles or recorder and the lien of the bail bond

25 on the real estate shall be discharged.

26 (g) If the accused does not comply with the conditions of

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1 the bail bond the court having jurisdiction shall enter an

2 order declaring the bail to be forfeited. Notice of such order

3 of forfeiture shall be mailed forthwith by the clerk of the

4 court to the accused and his sureties at their last known

5 address. If the accused does not appear and surrender to the

6 court having jurisdiction within 30 days from the date of the

7 forfeiture or within such period satisfy the court that

8 appearance and surrender by the accused is impossible and

9 without his fault the court shall enter judgment for the State

10 against the accused and his sureties for the amount of the bail

11 and costs of the proceedings; however, in counties with a

12 population of less than 3,000,000, if the defendant has posted

13 a cash bond, instead of the court entering a judgment for the

14 full amount of the bond the court may, in its discretion, enter

15 judgment for the cash deposit on the bond, less costs, retain

16 the deposit for further disposition or, if a cash bond was

17 posted for failure to appear in a matter involving enforcement

18 of child support or maintenance, the amount of the cash

19 deposit on the bond, less outstanding costs, may be awarded to

20 the person or entity to whom the child support or maintenance

21 is due.

22 (h) When judgment is entered in favor of the State on any

23 bail bond given for a felony or misdemeanor, or judgement for a

24 political subdivision of the state on any bail bond given for a

25 quasi-criminal or traffic offense, the State's Attorney or

26 political subdivision's attorney shall forthwith obtain a

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1 certified copy of the judgment and deliver same to the sheriff

2 to be enforced by levy on the stocks or bonds deposited with

3 the clerk of the court and the real estate described in the

4 bail bond schedule. Any cash forfeited under subsection (g) of

5 this Section shall be used to satisfy the judgment and costs

6 and, without necessity of levy, ordered paid into the treasury

7 of the municipal corporation wherein the bail bond was taken

8 if the offense was a violation of any penal ordinance of a

9 political subdivision of this State, or into the treasury of

10 the county wherein the bail bond was taken if the offense was a

11 violation of any penal statute of this State, or to the person

12 or entity to whom child support or maintenance is owed if the

13 bond was taken for failure to appear in a matter involving

14 child support or maintenance. The stocks, bonds and real

15 estate shall be sold in the same manner as in sales for the

16 enforcement of a judgment in civil actions and the proceeds of

17 such sale shall be used to satisfy all court costs, prior

18 encumbrances, if any, and from the balance a sufficient amount

19 to satisfy the judgment shall be paid into the treasury of the

20 municipal corporation wherein the bail bond was taken if the

21 offense was a violation of any penal ordinance of a political

22 subdivision of this State, or into the treasury of the county

23 wherein the bail bond was taken if the offense was a violation

24 of any penal statute of this State. The balance shall be

25 returned to the owner. The real estate so sold may be redeemed

26 in the same manner as real estate may be redeemed after

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1 judicial sales or sales for the enforcement of judgments in

2 civil actions.

3 (i) No stocks, bonds or real estate may be used or accepted

4 as bail bond security in this State more than once in any 12

5 month period.

6 (Source: P.A. 89-469, eff. 1-1-97; 101-652, eff. 7-1-21.)

7 (725 ILCS 5/110-9) (from Ch. 38, par. 110-9)

8 Sec. 110-9. Taking of bail by peace officer. When bail has

9 been set by a judicial officer for a particular offense or

10 offender any sheriff or other peace officer may take bail in

11 accordance with the provisions of Section 110-7 or 110-8 of

12 this Code and release the offender to appear in accordance

13 with the conditions of the bail bond, the Notice to Appear or

14 the Summons. The officer shall give a receipt to the offender

15 for the bail so taken and within a reasonable time deposit such

16 bail with the clerk of the court having jurisdiction of the

17 offense. A sheriff or other peace officer taking bail in

18 accordance with the provisions of Section 110-7 or 110-8 of

19 this Code shall accept payments made in the form of currency,

20 and may accept other forms of payment as the sheriff shall by

21 rule authorize. For purposes of this Section, "currency" has

22 the meaning provided in subsection (a) of Section 3 of the

23 Currency Reporting Act.

24 (Source: P.A. 99-618, eff. 1-1-17; 101-652, eff. 7-1-21.)

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1 (725 ILCS 5/110-13) (from Ch. 38, par. 110-13)

2 Sec. 110-13. Persons prohibited from furnishing bail

3 security. No attorney at law practicing in this State and no

4 official authorized to admit another to bail or to accept bail

5 shall furnish any part of any security for bail in any criminal

6 action or any proceeding nor shall any such person act as

7 surety for any accused admitted to bail.

8 (Source: Laws 1963, p. 2836; 101-652, eff. 7-1-21.)

9 (725 ILCS 5/110-14) (from Ch. 38, par. 110-14)

10 Sec. 110-14. Credit for incarceration on bailable offense;

11 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 shall

22 have $30 deducted from his or her 10% cash bond amount every

23 day the person is incarcerated. The sheriff shall calculate

24 and apply this $30 per day reduction and send notice to the

25 circuit clerk if a defendant's 10% cash bond amount is reduced

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1 to $0, at which point the defendant shall be released upon his

2 or her own recognizance.

3 (d) The court may deny the incarceration credit in

4 subsection (c) of this Section if the person has failed to

5 appear as required before the court and is incarcerated based

6 on a warrant for failure to appear on the same original

7 criminal offense.

8 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19;

9 101-408, eff. 1-1-20; 101-652, eff. 7-1-21.)

10 (725 ILCS 5/110-15) (from Ch. 38, par. 110-15)

11 Sec. 110-15. Applicability of provisions for giving and

12 taking bail. The provisions of Sections 110-7 and 110-8 of

13 this Code are exclusive of other provisions of law for the

14 giving, taking, or enforcement of bail. In all cases where a

15 person is admitted to bail the provisions of Sections 110-7

16 and 110-8 of this Code shall be applicable.

17 However, the Supreme Court may, by rule or order,

18 prescribe a uniform schedule of amounts of bail in all but

19 felony offenses. The uniform schedule shall not require a

20 person cited for violating the Illinois Vehicle Code or a

21 similar provision of a local ordinance for which a violation

22 is a petty offense as defined by Section 5-1-17 of the Unified

23 Code of Corrections, excluding business offenses as defined by

24 Section 5-1-2 of the Unified Code of Corrections or a

25 violation of Section 15-111 or subsection (d) of Section 3-401

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1 of the Illinois Vehicle Code, to post bond to secure bail for

2 his or her release. Such uniform schedule may provide that the

3 cash deposit provisions of Section 110-7 shall not apply to

4 bail amounts established for alleged violations punishable by

5 fine alone, and the schedule may further provide that in

6 specified traffic cases a valid Illinois chauffeur's or

7 operator's license must be deposited, in addition to 10% of

8 the amount of the bail specified in the schedule.

9 (Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15;

10 101-652, eff. 7-1-21.)

11 (725 ILCS 5/110-16) (from Ch. 38, par. 110-16)

12 Sec. 110-16. Bail bond-forfeiture in same case or absents

13 self during trial-not bailable.If a person admitted to bail

14 on a felony charge forfeits his bond and fails to appear in

15 court during the 30 days immediately after such forfeiture, on

16 being taken into custody thereafter he shall not be bailable

17 in the case in question, unless the court finds that his

18 absence was not for the purpose of obstructing justice or

19 avoiding prosecution.

20 (Source: P.A. 77-1447; 101-652, eff. 7-1-21.)

21 (725 ILCS 5/110-17) (from Ch. 38, par. 110-17)

22 Sec. 110-17. Unclaimed bail deposits. Any sum of money

23 deposited by any person to secure his or her release from

24 custody which remains unclaimed by the person entitled to its

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1 return for 3 years after the conditions of the bail bond have

2 been performed and the accused has been discharged from all

3 obligations in the cause shall be presumed to be abandoned and

4 subject to disposition under the Revised Uniform Unclaimed

5 Property Act.

6 (Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;

7 101-81, eff. 7-12-19; 101-652, eff. 7-1-21.)

8 (725 ILCS 5/110-18) (from Ch. 38, par. 110-18)

9 Sec. 110-18. Reimbursement. The sheriff of each county

10 shall certify to the treasurer of each county the number of

11 days that persons had been detained in the custody of the

12 sheriff without a bond being set as a result of an order

13 entered pursuant to Section 110-6.1 of this Code. The county

14 treasurer shall, no later than January 1, annually certify to

15 the Supreme Court the number of days that persons had been

16 detained without bond during the twelve-month period ending

17 November 30. The Supreme Court shall reimburse, from funds

18 appropriated to it by the General Assembly for such purposes,

19 the treasurer of each county an amount of money for deposit in

20 the county general revenue fund at a rate of $50 per day for

21 each day that persons were detained in custody without bail as

22 a result of an order entered pursuant to Section 110-6.1 of

23 this Code.

24 (Source: P.A. 85-892; 101-652, eff. 7-1-21.)

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1 Section 240. The Rights of Crime Victims and Witnesses Act

2 is amended by changing Sections 4 and 4.5 as follows:

3 (725 ILCS 120/4) (from Ch. 38, par. 1404)

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 (2) The right to timely notification of all court

15 proceedings.

16 (3) The right to communicate with the prosecution.

17 (4) The right to be heard at any post-arraignment

18 court proceeding in which a right of the victim is at issue

19 and any court proceeding involving a post-arraignment

20 release decision, plea, or sentencing.

21 (5) The right to be notified of the conviction, the

22 sentence, the imprisonment and the release of the 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

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1 accused through the criminal justice process.

2 (7.5) The right to have the safety of the victim and

3 the victim's family considered in denying or fixing the

4 amount of bail, determining whether to release the

5 defendant, and setting conditions of release after arrest

6 and conviction.

7 (8) The right to be present at the trial and all other

8 court proceedings on the same basis as the accused, unless

9 the victim is to testify and the court determines that the

10 victim's testimony would be materially affected if the

11 victim hears other testimony at the trial.

12 (9) The right to have present at all court

13 proceedings, including proceedings under the Juvenile

14 Court Act of 1987, subject to the rules of evidence, an

15 advocate and other support person of the victim's choice.

16 (10) The right to restitution.

17 (b) Any law enforcement agency that investigates an

18 offense committed in this State shall provide a crime victim

19 with a written statement and explanation of the rights of

20 crime victims under this amendatory Act of the 99th General

21 Assembly within 48 hours of law enforcement's initial contact

22 with a victim. The statement shall include information about

23 crime victim compensation, including how to contact the Office

24 of the Illinois Attorney General to file a claim, and

25 appropriate referrals to local and State programs that provide

26 victim services. The content of the statement shall be

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1 provided to law enforcement by the Attorney General. Law

2 enforcement shall also provide a crime victim with a sign-off

3 sheet that the victim shall sign and date as an

4 acknowledgement that he or she has been furnished with

5 information and an explanation of the rights of crime victims

6 and compensation set forth in this Act.

7 (b-5) Upon the request of the victim, the law enforcement

8 agency having jurisdiction shall provide a free copy of the

9 police report concerning the victim's incident, as soon as

10 practicable, but in no event later than 5 business days from

11 the request.

12 (c) The Clerk of the Circuit Court shall post the rights of

13 crime victims set forth in Article I, Section 8.1(a) of the

14 Illinois Constitution and subsection (a) of this Section

15 within 3 feet of the door to any courtroom where criminal

16 proceedings are conducted. The clerk may also post the rights

17 in other locations in the courthouse.

18 (d) At any point, the victim has the right to retain a

19 victim's attorney who may be present during all stages of any

20 interview, investigation, or other interaction with

21 representatives of the criminal justice system. Treatment of

22 the victim should not be affected or altered in any way as a

23 result of the victim's decision to exercise this right.

24 (Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19;

25 101-652.)

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1 (725 ILCS 120/4.5)

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

3 Sec. 4.5. Procedures to implement the rights of crime

4 victims. To afford crime victims their rights, law

5 enforcement, prosecutors, judges, and corrections will provide

6 information, as appropriate, of the following procedures:

7 (a) At the request of the crime victim, law enforcement

8 authorities investigating the case shall provide notice of the

9 status of the investigation, except where the State's Attorney

10 determines that disclosure of such information would

11 unreasonably interfere with the investigation, until such time

12 as the alleged assailant is apprehended or the investigation

13 is closed.

14 (a-5) When law enforcement authorities reopen a closed

15 case to resume investigating, they shall provide notice of the

16 reopening of the case, except where the State's Attorney

17 determines that disclosure of such information would

18 unreasonably interfere with the investigation.

19 (b) The office of the State's Attorney:

20 (1) shall provide notice of the filing of an

21 information, the return of an indictment, or the filing of

22 a petition to adjudicate a minor as a delinquent for a

23 violent crime;

24 (2) shall provide timely notice of the date, time, and

25 place of court proceedings; of any change in the date,

26 time, and place of court proceedings; and of any

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1 cancellation of court proceedings. Notice shall be

2 provided in sufficient time, wherever possible, for the

3 victim to make arrangements to attend or to prevent an

4 unnecessary appearance at court proceedings;

5 (3) or victim advocate personnel shall provide

6 information of social services and financial assistance

7 available for victims of crime, including information of

8 how to apply for these services and assistance;

9 (3.5) or victim advocate personnel shall provide

10 information about available victim services, including

11 referrals to programs, counselors, and agencies that

12 assist a victim to deal with trauma, loss, and grief;

13 (4) shall assist in having any stolen or other

14 personal property held by law enforcement authorities for

15 evidentiary or other purposes returned as expeditiously as

16 possible, pursuant to the procedures set out in Section

17 115-9 of the Code of Criminal Procedure of 1963;

18 (5) or victim advocate personnel shall provide

19 appropriate employer intercession services to ensure that

20 employers of victims will cooperate with the criminal

21 justice system in order to minimize an employee's loss of

22 pay and other benefits resulting from court appearances;

23 (6) shall provide, whenever possible, a secure waiting

24 area during court proceedings that does not require

25 victims to be in close proximity to defendants or

26 juveniles accused of a violent crime, and their families

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1 and friends;

2 (7) shall provide notice to the crime victim of the

3 right to have a translator present at all court

4 proceedings and, in compliance with the federal Americans

5 with Disabilities Act of 1990, the right to communications

6 access through a sign language interpreter or by other

7 means;

8 (8) (blank);

9 (8.5) shall inform the victim of the right to be

10 present at all court proceedings, unless the victim is to

11 testify and the court determines that the victim's

12 testimony would be materially affected if the victim hears

13 other testimony at trial;

14 (9) shall inform the victim of the right to have

15 present at all court proceedings, subject to the rules of

16 evidence and confidentiality, an advocate and other

17 support person of the victim's choice;

18 (9.3) shall inform the victim of the right to retain

19 an attorney, at the victim's own expense, who, upon

20 written notice filed with the clerk of the court and

21 State's Attorney, is to receive copies of all notices,

22 motions, and court orders filed thereafter in the case, in

23 the same manner as if the victim were a named party in the

24 case;

25 (9.5) shall inform the victim of (A) the victim's

26 right under Section 6 of this Act to make a statement at

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1 the sentencing hearing; (B) the right of the victim's

2 spouse, guardian, parent, grandparent, and other immediate

3 family and household members under Section 6 of this Act

4 to present a statement at sentencing; and (C) if a

5 presentence report is to be prepared, the right of the

6 victim's spouse, guardian, parent, grandparent, and other

7 immediate family and household members to submit

8 information to the preparer of the presentence report

9 about the effect the offense has had on the victim and the

10 person;

11 (10) at the sentencing shall make a good faith attempt

12 to explain the minimum amount of time during which the

13 defendant may actually be physically imprisoned. The

14 Office of the State's Attorney shall further notify the

15 crime victim of the right to request from the Prisoner

16 Review Board or Department of Juvenile Justice information

17 concerning the release of the defendant;

18 (11) shall request restitution at sentencing and as

19 part of a plea agreement if the victim requests

20 restitution;

21 (12) shall, upon the court entering a verdict of not

22 guilty by reason of insanity, inform the victim of the

23 notification services available from the Department of

24 Human Services, including the statewide telephone number,

25 under subparagraph (d)(2) of this Section;

26 (13) shall provide notice within a reasonable time

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1 after receipt of notice from the custodian, of the release

2 of the defendant on bail or personal recognizance or the

3 release from detention of a minor who has been detained;

4 (14) shall explain in nontechnical language the

5 details of any plea or verdict of a defendant, or any

6 adjudication of a juvenile as a delinquent;

7 (15) shall make all reasonable efforts to consult with

8 the crime victim before the Office of the State's Attorney

9 makes an offer of a plea bargain to the defendant or enters

10 into negotiations with the defendant concerning a possible

11 plea agreement, and shall consider the written statement,

12 if prepared prior to entering into a plea agreement. The

13 right to consult with the prosecutor does not include the

14 right to veto a plea agreement or to insist the case go to

15 trial. If the State's Attorney has not consulted with the

16 victim prior to making an offer or entering into plea

17 negotiations with the defendant, the Office of the State's

18 Attorney shall notify the victim of the offer or the

19 negotiations within 2 business days and confer with the

20 victim;

21 (16) shall provide notice of the ultimate disposition

22 of the cases arising from an indictment or an information,

23 or a petition to have a juvenile adjudicated as a

24 delinquent for a violent crime;

25 (17) shall provide notice of any appeal taken by the

26 defendant and information on how to contact the

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1 appropriate agency handling the appeal, and how to request

2 notice of any hearing, oral argument, or decision of an

3 appellate court;

4 (18) shall provide timely notice of any request for

5 post-conviction review filed by the defendant under

6 Article 122 of the Code of Criminal Procedure of 1963, and

7 of the date, time and place of any hearing concerning the

8 petition. Whenever possible, notice of the hearing shall

9 be given within 48 hours of the court's scheduling of the

10 hearing; and

11 (19) shall forward a copy of any statement presented

12 under Section 6 to the Prisoner Review Board or Department

13 of Juvenile Justice to be considered in making a

14 determination under Section 3-2.5-85 or subsection (b) of

15 Section 3-3-8 of the Unified Code of Corrections.

16 (c) The court shall ensure that the rights of the victim

17 are afforded.

18 (c-5) The following procedures shall be followed to afford

19 victims the rights guaranteed by Article I, Section 8.1 of the

20 Illinois Constitution:

21 (1) Written notice. A victim may complete a written

22 notice of intent to assert rights on a form prepared by the

23 Office of the Attorney General and provided to the victim

24 by the State's Attorney. The victim may at any time

25 provide a revised written notice to the State's Attorney.

26 The State's Attorney shall file the written notice with

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1 the court. At the beginning of any court proceeding in

2 which the right of a victim may be at issue, the court and

3 prosecutor shall review the written notice to determine

4 whether the victim has asserted the right that may be at

5 issue.

6 (2) Victim's retained attorney. A victim's attorney

7 shall file an entry of appearance limited to assertion of

8 the victim's rights. Upon the filing of the entry of

9 appearance and service on the State's Attorney and the

10 defendant, the attorney is to receive copies of all

11 notices, motions and court orders filed thereafter in the

12 case.

13 (3) Standing. The victim has standing to assert the

14 rights enumerated in subsection (a) of Article I, Section

15 8.1 of the Illinois Constitution and the statutory rights

16 under Section 4 of this Act in any court exercising

17 jurisdiction over the criminal case. The prosecuting

18 attorney, a victim, or the victim's retained attorney may

19 assert the victim's rights. The defendant in the criminal

20 case has no standing to assert a right of the victim in any

21 court proceeding, including on appeal.

22 (4) Assertion of and enforcement of rights.

23 (A) The prosecuting attorney shall assert a

24 victim's right or request enforcement of a right by

25 filing a motion or by orally asserting the right or

26 requesting enforcement in open court in the criminal

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1 case outside the presence of the jury. The prosecuting

2 attorney shall consult with the victim and the

3 victim's attorney regarding the assertion or

4 enforcement of a right. If the prosecuting attorney

5 decides not to assert or enforce a victim's right, the

6 prosecuting attorney shall notify the victim or the

7 victim's attorney in sufficient time to allow the

8 victim or the victim's attorney to assert the right or

9 to seek enforcement of a right.

10 (B) If the prosecuting attorney elects not to

11 assert a victim's right or to seek enforcement of a

12 right, the victim or the victim's attorney may assert

13 the victim's right or request enforcement of a right

14 by filing a motion or by orally asserting the right or

15 requesting enforcement in open court in the criminal

16 case outside the presence of the jury.

17 (C) If the prosecuting attorney asserts a victim's

18 right or seeks enforcement of a right, and the court

19 denies the assertion of the right or denies the

20 request for enforcement of a right, the victim or

21 victim's attorney may file a motion to assert the

22 victim's right or to request enforcement of the right

23 within 10 days of the court's ruling. The motion need

24 not demonstrate the grounds for a motion for

25 reconsideration. The court shall rule on the merits of

26 the motion.

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1 (D) The court shall take up and decide any motion

2 or request asserting or seeking enforcement of a

3 victim's right without delay, unless a specific time

4 period is specified by law or court rule. The reasons

5 for any decision denying the motion or request shall

6 be clearly stated on the record.

7 (5) Violation of rights and remedies.

8 (A) If the court determines that a victim's right

9 has been violated, the court shall determine the

10 appropriate remedy for the violation of the victim's

11 right by hearing from the victim and the parties,

12 considering all factors relevant to the issue, and

13 then awarding appropriate relief to the victim.

14 (A-5) Consideration of an issue of a substantive

15 nature or an issue that implicates the constitutional

16 or statutory right of a victim at a court proceeding

17 labeled as a status hearing shall constitute a per se

18 violation of a victim's right.

19 (B) The appropriate remedy shall include only

20 actions necessary to provide the victim the right to

21 which the victim was entitled and may include

22 reopening previously held proceedings; however, in no

23 event shall the court vacate a conviction. Any remedy

24 shall be tailored to provide the victim an appropriate

25 remedy without violating any constitutional right of

26 the defendant. In no event shall the appropriate

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1 remedy be a new trial, damages, or costs.

2 (6) Right to be heard. Whenever a victim has the right

3 to be heard, the court shall allow the victim to exercise

4 the right in any reasonable manner the victim chooses.

5 (7) Right to attend trial. A party must file a written

6 motion to exclude a victim from trial at least 60 days

7 prior to the date set for trial. The motion must state with

8 specificity the reason exclusion is necessary to protect a

9 constitutional right of the party, and must contain an

10 offer of proof. The court shall rule on the motion within

11 30 days. If the motion is granted, the court shall set

12 forth on the record the facts that support its finding

13 that the victim's testimony will be materially affected if

14 the victim hears other testimony at trial.

15 (8) Right to have advocate and support person present

16 at court proceedings.

17 (A) A party who intends to call an advocate as a

18 witness at trial must seek permission of the court

19 before the subpoena is issued. The party must file a

20 written motion at least 90 days before trial that sets

21 forth specifically the issues on which the advocate's

22 testimony is sought and an offer of proof regarding

23 (i) the content of the anticipated testimony of the

24 advocate; and (ii) the relevance, admissibility, and

25 materiality of the anticipated testimony. The court

26 shall consider the motion and make findings within 30

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1 days of the filing of the motion. If the court finds by

2 a preponderance of the evidence that: (i) the

3 anticipated testimony is not protected by an absolute

4 privilege; and (ii) the anticipated testimony contains

5 relevant, admissible, and material evidence that is

6 not available through other witnesses or evidence, the

7 court shall issue a subpoena requiring the advocate to

8 appear to testify at an in camera hearing. The

9 prosecuting attorney and the victim shall have 15 days

10 to seek appellate review before the advocate is

11 required to testify at an ex parte in camera

12 proceeding.

13 The prosecuting attorney, the victim, and the

14 advocate's attorney shall be allowed to be present at

15 the ex parte in camera proceeding. If, after

16 conducting the ex parte in camera hearing, the court

17 determines that due process requires any testimony

18 regarding confidential or privileged information or

19 communications, the court shall provide to the

20 prosecuting attorney, the victim, and the advocate's

21 attorney a written memorandum on the substance of the

22 advocate's testimony. The prosecuting attorney, the

23 victim, and the advocate's attorney shall have 15 days

24 to seek appellate review before a subpoena may be

25 issued for the advocate to testify at trial. The

26 presence of the prosecuting attorney at the ex parte

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1 in camera proceeding does not make the substance of

2 the advocate's testimony that the court has ruled

3 inadmissible subject to discovery.

4 (B) If a victim has asserted the right to have a

5 support person present at the court proceedings, the

6 victim shall provide the name of the person the victim

7 has chosen to be the victim's support person to the

8 prosecuting attorney, within 60 days of trial. The

9 prosecuting attorney shall provide the name to the

10 defendant. If the defendant intends to call the

11 support person as a witness at trial, the defendant

12 must seek permission of the court before a subpoena is

13 issued. The defendant must file a written motion at

14 least 45 days prior to trial that sets forth

15 specifically the issues on which the support person

16 will testify and an offer of proof regarding: (i) the

17 content of the anticipated testimony of the support

18 person; and (ii) the relevance, admissibility, and

19 materiality of the anticipated testimony.

20 If the prosecuting attorney intends to call the

21 support person as a witness during the State's

22 case-in-chief, the prosecuting attorney shall inform

23 the court of this intent in the response to the

24 defendant's written motion. The victim may choose a

25 different person to be the victim's support person.

26 The court may allow the defendant to inquire about

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1 matters outside the scope of the direct examination

2 during cross-examination. If the court allows the

3 defendant to do so, the support person shall be

4 allowed to remain in the courtroom after the support

5 person has testified. A defendant who fails to

6 question the support person about matters outside the

7 scope of direct examination during the State's

8 case-in-chief waives the right to challenge the

9 presence of the support person on appeal. The court

10 shall allow the support person to testify if called as

11 a witness in the defendant's case-in-chief or the

12 State's rebuttal.

13 If the court does not allow the defendant to

14 inquire about matters outside the scope of the direct

15 examination, the support person shall be allowed to

16 remain in the courtroom after the support person has

17 been called by the defendant or the defendant has

18 rested. The court shall allow the support person to

19 testify in the State's rebuttal.

20 If the prosecuting attorney does not intend to

21 call the support person in the State's case-in-chief,

22 the court shall verify with the support person whether

23 the support person, if called as a witness, would

24 testify as set forth in the offer of proof. If the

25 court finds that the support person would testify as

26 set forth in the offer of proof, the court shall rule

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1 on the relevance, materiality, and admissibility of

2 the anticipated testimony. If the court rules the

3 anticipated testimony is admissible, the court shall

4 issue the subpoena. The support person may remain in

5 the courtroom after the support person testifies and

6 shall be allowed to testify in rebuttal.

7 If the court excludes the victim's support person

8 during the State's case-in-chief, the victim shall be

9 allowed to choose another support person to be present

10 in court.

11 If the victim fails to designate a support person

12 within 60 days of trial and the defendant has

13 subpoenaed the support person to testify at trial, the

14 court may exclude the support person from the trial

15 until the support person testifies. If the court

16 excludes the support person the victim may choose

17 another person as a support person.

18 (9) Right to notice and hearing before disclosure of

19 confidential or privileged information or records. A

20 defendant who seeks to subpoena records of or concerning

21 the victim that are confidential or privileged by law must

22 seek permission of the court before the subpoena is

23 issued. The defendant must file a written motion and an

24 offer of proof regarding the relevance, admissibility and

25 materiality of the records. If the court finds by a

26 preponderance of the evidence that: (A) the records are

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1 not protected by an absolute privilege and (B) the records

2 contain relevant, admissible, and material evidence that

3 is not available through other witnesses or evidence, the

4 court shall issue a subpoena requiring a sealed copy of

5 the records be delivered to the court to be reviewed in

6 camera. If, after conducting an in camera review of the

7 records, the court determines that due process requires

8 disclosure of any portion of the records, the court shall

9 provide copies of what it intends to disclose to the

10 prosecuting attorney and the victim. The prosecuting

11 attorney and the victim shall have 30 days to seek

12 appellate review before the records are disclosed to the

13 defendant. The disclosure of copies of any portion of the

14 records to the prosecuting attorney does not make the

15 records subject to discovery.

16 (10) Right to notice of court proceedings. If the

17 victim is not present at a court proceeding in which a

18 right of the victim is at issue, the court shall ask the

19 prosecuting attorney whether the victim was notified of

20 the time, place, and purpose of the court proceeding and

21 that the victim had a right to be heard at the court

22 proceeding. If the court determines that timely notice was

23 not given or that the victim was not adequately informed

24 of the nature of the court proceeding, the court shall not

25 rule on any substantive issues, accept a plea, or impose a

26 sentence and shall continue the hearing for the time

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1 necessary to notify the victim of the time, place and

2 nature of the court proceeding. The time between court

3 proceedings shall not be attributable to the State under

4 Section 103-5 of the Code of Criminal Procedure of 1963.

5 (11) Right to timely disposition of the case. A victim

6 has the right to timely disposition of the case so as to

7 minimize the stress, cost, and inconvenience resulting

8 from the victim's involvement in the case. Before ruling

9 on a motion to continue trial or other court proceeding,

10 the court shall inquire into the circumstances for the

11 request for the delay and, if the victim has provided

12 written notice of the assertion of the right to a timely

13 disposition, and whether the victim objects to the delay.

14 If the victim objects, the prosecutor shall inform the

15 court of the victim's objections. If the prosecutor has

16 not conferred with the victim about the continuance, the

17 prosecutor shall inform the court of the attempts to

18 confer. If the court finds the attempts of the prosecutor

19 to confer with the victim were inadequate to protect the

20 victim's right to be heard, the court shall give the

21 prosecutor at least 3 but not more than 5 business days to

22 confer with the victim. In ruling on a motion to continue,

23 the court shall consider the reasons for the requested

24 continuance, the number and length of continuances that

25 have been granted, the victim's objections and procedures

26 to avoid further delays. If a continuance is granted over

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1 the victim's objection, the court shall specify on the

2 record the reasons for the continuance and the procedures

3 that have been or will be taken to avoid further delays.

4 (12) Right to Restitution.

5 (A) If the victim has asserted the right to

6 restitution and the amount of restitution is known at

7 the time of sentencing, the court shall enter the

8 judgment of restitution at the time of sentencing.

9 (B) If the victim has asserted the right to

10 restitution and the amount of restitution is not known

11 at the time of sentencing, the prosecutor shall,

12 within 5 days after sentencing, notify the victim what

13 information and documentation related to restitution

14 is needed and that the information and documentation

15 must be provided to the prosecutor within 45 days

16 after sentencing. Failure to timely provide

17 information and documentation related to restitution

18 shall be deemed a waiver of the right to restitution.

19 The prosecutor shall file and serve within 60 days

20 after sentencing a proposed judgment for restitution

21 and a notice that includes information concerning the

22 identity of any victims or other persons seeking

23 restitution, whether any victim or other person

24 expressly declines restitution, the nature and amount

25 of any damages together with any supporting

26 documentation, a restitution amount recommendation,

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1 and the names of any co-defendants and their case

2 numbers. Within 30 days after receipt of the proposed

3 judgment for restitution, the defendant shall file any

4 objection to the proposed judgment, a statement of

5 grounds for the objection, and a financial statement.

6 If the defendant does not file an objection, the court

7 may enter the judgment for restitution without further

8 proceedings. If the defendant files an objection and

9 either party requests a hearing, the court shall

10 schedule a hearing.

11 (13) Access to presentence reports.

12 (A) The victim may request a copy of the

13 presentence report prepared under the Unified Code of

14 Corrections from the State's Attorney. The State's

15 Attorney shall redact the following information before

16 providing a copy of the report:

17 (i) the defendant's mental history and

18 condition;

19 (ii) any evaluation prepared under subsection

20 (b) or (b-5) of Section 5-3-2; and

21 (iii) the name, address, phone number, and

22 other personal information about any other victim.

23 (B) The State's Attorney or the defendant may

24 request the court redact other information in the

25 report that may endanger the safety of any person.

26 (C) The State's Attorney may orally disclose to

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1 the victim any of the information that has been

2 redacted if there is a reasonable likelihood that the

3 information will be stated in court at the sentencing.

4 (D) The State's Attorney must advise the victim

5 that the victim must maintain the confidentiality of

6 the report and other information. Any dissemination of

7 the report or information that was not stated at a

8 court proceeding constitutes indirect criminal

9 contempt of court.

10 (14) Appellate relief. If the trial court denies the

11 relief requested, the victim, the victim's attorney, or

12 the prosecuting attorney may file an appeal within 30 days

13 of the trial court's ruling. The trial or appellate court

14 may stay the court proceedings if the court finds that a

15 stay would not violate a constitutional right of the

16 defendant. If the appellate court denies the relief

17 sought, the reasons for the denial shall be clearly stated

18 in a written opinion. In any appeal in a criminal case, the

19 State may assert as error the court's denial of any crime

20 victim's right in the proceeding to which the appeal

21 relates.

22 (15) Limitation on appellate relief. In no case shall

23 an appellate court provide a new trial to remedy the

24 violation of a victim's right.

25 (16) The right to be reasonably protected from the

26 accused throughout the criminal justice process and the

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1 right to have the safety of the victim and the victim's

2 family considered in denying or fixing the amount of bail,

3 determining whether to release the defendant, and setting

4 conditions of release after arrest and conviction. A

5 victim of domestic violence, a sexual offense, or stalking

6 may request the entry of a protective order under Article

7 112A of the Code of Criminal Procedure of 1963.

8 (d) Procedures after the imposition of sentence.

9 (1) The Prisoner Review Board shall inform a victim or

10 any other concerned citizen, upon written request, of the

11 prisoner's release on parole, mandatory supervised

12 release, electronic detention, work release, international

13 transfer or exchange, or by the custodian, other than the

14 Department of Juvenile Justice, of the discharge of any

15 individual who was adjudicated a delinquent for a crime

16 from State custody and by the sheriff of the appropriate

17 county of any such person's final discharge from county

18 custody. The Prisoner Review Board, upon written request,

19 shall provide to a victim or any other concerned citizen a

20 recent photograph of any person convicted of a felony,

21 upon his or her release from custody. The Prisoner Review

22 Board, upon written request, shall inform a victim or any

23 other concerned citizen when feasible at least 7 days

24 prior to the prisoner's release on furlough of the times

25 and dates of such furlough. Upon written request by the

26 victim or any other concerned citizen, the State's

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1 Attorney shall notify the person once of the times and

2 dates of release of a prisoner sentenced to periodic

3 imprisonment. Notification shall be based on the most

4 recent information as to victim's or other concerned

5 citizen's residence or other location available to the

6 notifying authority.

7 (2) When the defendant has been committed to the

8 Department of Human Services pursuant to Section 5-2-4 or

9 any other provision of the Unified Code of Corrections,

10 the victim may request to be notified by the releasing

11 authority of the approval by the court of an on-grounds

12 pass, a supervised off-grounds pass, an unsupervised

13 off-grounds pass, or conditional release; the release on

14 an off-grounds pass; the return from an off-grounds pass;

15 transfer to another facility; conditional release; escape;

16 death; or final discharge from State custody. The

17 Department of Human Services shall establish and maintain

18 a statewide telephone number to be used by victims to make

19 notification requests under these provisions and shall

20 publicize this telephone number on its website and to the

21 State's Attorney of each county.

22 (3) In the event of an escape from State custody, the

23 Department of Corrections or the Department of Juvenile

24 Justice immediately shall notify the Prisoner Review Board

25 of the escape and the Prisoner Review Board shall notify

26 the victim. The notification shall be based upon the most

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1 recent information as to the victim's residence or other

2 location available to the Board. When no such information

3 is available, the Board shall make all reasonable efforts

4 to obtain the information and make the notification. When

5 the escapee is apprehended, the Department of Corrections

6 or the Department of Juvenile Justice immediately shall

7 notify the Prisoner Review Board and the Board shall

8 notify the victim.

9 (4) The victim of the crime for which the prisoner has

10 been sentenced has the right to register with the Prisoner

11 Review Board's victim registry. Victims registered with

12 the Board shall receive reasonable written notice not less

13 than 30 days prior to the parole hearing or target

14 aftercare release date. The victim has the right to submit

15 a victim statement for consideration by the Prisoner

16 Review Board or the Department of Juvenile Justice in

17 writing, on film, videotape, or other electronic means, or

18 in the form of a recording prior to the parole hearing or

19 target aftercare release date, or in person at the parole

20 hearing or aftercare release protest hearing, or by

21 calling the toll-free number established in subsection (f)

22 of this Section. The victim shall be notified within 7

23 days after the prisoner has been granted parole or

24 aftercare release and shall be informed of the right to

25 inspect the registry of parole decisions, established

26 under subsection (g) of Section 3-3-5 of the Unified Code

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1 of Corrections. The provisions of this paragraph (4) are

2 subject to the Open Parole Hearings Act. Victim statements

3 provided to the Board shall be confidential and

4 privileged, including any statements received prior to

5 January 1, 2020 (the effective date of Public Act

6 101-288), except if the statement was an oral statement

7 made by the victim at a hearing open to the public.

8 (4-1) The crime victim has the right to submit a

9 victim statement for consideration by the Prisoner Review

10 Board or the Department of Juvenile Justice prior to or at

11 a hearing to determine the conditions of mandatory

12 supervised release of a person sentenced to a determinate

13 sentence or at a hearing on revocation of mandatory

14 supervised release of a person sentenced to a determinate

15 sentence. A victim statement may be submitted in writing,

16 on film, videotape, or other electronic means, or in the

17 form of a recording, or orally at a hearing, or by calling

18 the toll-free number established in subsection (f) of this

19 Section. Victim statements provided to the Board shall be

20 confidential and privileged, including any statements

21 received prior to January 1, 2020 (the effective date of

22 Public Act 101-288), except if the statement was an oral

23 statement made by the victim at a hearing open to the

24 public.

25 (4-2) The crime victim has the right to submit a

26 victim statement to the Prisoner Review Board for

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1 consideration at an executive clemency hearing as provided

2 in Section 3-3-13 of the Unified Code of Corrections. A

3 victim statement may be submitted in writing, on film,

4 videotape, or other electronic means, or in the form of a

5 recording prior to a hearing, or orally at a hearing, or by

6 calling the toll-free number established in subsection (f)

7 of this Section. Victim statements provided to the Board

8 shall be confidential and privileged, including any

9 statements received prior to January 1, 2020 (the

10 effective date of Public Act 101-288), except if the

11 statement was an oral statement made by the victim at a

12 hearing open to the public.

13 (5) If a statement is presented under Section 6, the

14 Prisoner Review Board or Department of Juvenile Justice

15 shall inform the victim of any order of discharge pursuant

16 to Section 3-2.5-85 or 3-3-8 of the Unified Code of

17 Corrections.

18 (6) At the written or oral request of the victim of the

19 crime for which the prisoner was sentenced or the State's

20 Attorney of the county where the person seeking parole or

21 aftercare release was prosecuted, the Prisoner Review

22 Board or Department of Juvenile Justice shall notify the

23 victim and the State's Attorney of the county where the

24 person seeking parole or aftercare release was prosecuted

25 of the death of the prisoner if the prisoner died while on

26 parole or aftercare release or mandatory supervised

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1 release.

2 (7) When a defendant who has been committed to the

3 Department of Corrections, the Department of Juvenile

4 Justice, or the Department of Human Services is released

5 or discharged and subsequently committed to the Department

6 of Human Services as a sexually violent person and the

7 victim had requested to be notified by the releasing

8 authority of the defendant's discharge, conditional

9 release, death, or escape from State custody, the

10 releasing authority shall provide to the Department of

11 Human Services such information that would allow the

12 Department of Human Services to contact the victim.

13 (8) When a defendant has been convicted of a sex

14 offense as defined in Section 2 of the Sex Offender

15 Registration Act and has been sentenced to the Department

16 of Corrections or the Department of Juvenile Justice, the

17 Prisoner Review Board or the Department of Juvenile

18 Justice shall notify the victim of the sex offense of the

19 prisoner's eligibility for release on parole, aftercare

20 release, mandatory supervised release, electronic

21 detention, work release, international transfer or

22 exchange, or by the custodian of the discharge of any

23 individual who was adjudicated a delinquent for a sex

24 offense from State custody and by the sheriff of the

25 appropriate county of any such person's final discharge

26 from county custody. The notification shall be made to the

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1 victim at least 30 days, whenever possible, before release

2 of the sex offender.

3 (e) The officials named in this Section may satisfy some

4 or all of their obligations to provide notices and other

5 information through participation in a statewide victim and

6 witness notification system established by the Attorney

7 General under Section 8.5 of this Act.

8 (f) The Prisoner Review Board shall establish a toll-free

9 number that may be accessed by the crime victim to present a

10 victim statement to the Board in accordance with paragraphs

11 (4), (4-1), and (4-2) of subsection (d).

12 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;

13 102-22, eff. 6-25-21; 102-558, eff. 8-20-21.)

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

15 Sec. 4.5. Procedures to implement the rights of crime

16 victims. To afford crime victims their rights, law

17 enforcement, prosecutors, judges, and corrections will provide

18 information, as appropriate, of the following procedures:

19 (a) At the request of the crime victim, law enforcement

20 authorities investigating the case shall provide notice of the

21 status of the investigation, except where the State's Attorney

22 determines that disclosure of such information would

23 unreasonably interfere with the investigation, until such time

24 as the alleged assailant is apprehended or the investigation

25 is closed.

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1 (a-5) When law enforcement authorities reopen a closed

2 case to resume investigating, they shall provide notice of the

3 reopening of the case, except where the State's Attorney

4 determines that disclosure of such information would

5 unreasonably interfere with the investigation.

6 (b) The office of the State's Attorney:

7 (1) shall provide notice of the filing of an

8 information, the return of an indictment, or the filing of

9 a petition to adjudicate a minor as a delinquent for a

10 violent crime;

11 (2) shall provide timely notice of the date, time, and

12 place of court proceedings; of any change in the date,

13 time, and place of court proceedings; and of any

14 cancellation of court proceedings. Notice shall be

15 provided in sufficient time, wherever possible, for the

16 victim to make arrangements to attend or to prevent an

17 unnecessary appearance at court proceedings;

18 (3) or victim advocate personnel shall provide

19 information of social services and financial assistance

20 available for victims of crime, including information of

21 how to apply for these services and assistance;

22 (3.5) or victim advocate personnel shall provide

23 information about available victim services, including

24 referrals to programs, counselors, and agencies that

25 assist a victim to deal with trauma, loss, and grief;

26 (4) shall assist in having any stolen or other

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1 personal property held by law enforcement authorities for

2 evidentiary or other purposes returned as expeditiously as

3 possible, pursuant to the procedures set out in Section

4 115-9 of the Code of Criminal Procedure of 1963;

5 (5) or victim advocate personnel shall provide

6 appropriate employer intercession services to ensure that

7 employers of victims will cooperate with the criminal

8 justice system in order to minimize an employee's loss of

9 pay and other benefits resulting from court appearances;

10 (6) shall provide, whenever possible, a secure waiting

11 area during court proceedings that does not require

12 victims to be in close proximity to defendants or

13 juveniles accused of a violent crime, and their families

14 and friends;

15 (7) shall provide notice to the crime victim of the

16 right to have a translator present at all court

17 proceedings and, in compliance with the federal Americans

18 with Disabilities Act of 1990, the right to communications

19 access through a sign language interpreter or by other

20 means;

21 (8) (blank);

22 (8.5) shall inform the victim of the right to be

23 present at all court proceedings, unless the victim is to

24 testify and the court determines that the victim's

25 testimony would be materially affected if the victim hears

26 other testimony at trial;

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1 (9) shall inform the victim of the right to have

2 present at all court proceedings, subject to the rules of

3 evidence and confidentiality, an advocate and other

4 support person of the victim's choice;

5 (9.3) shall inform the victim of the right to retain

6 an attorney, at the victim's own expense, who, upon

7 written notice filed with the clerk of the court and

8 State's Attorney, is to receive copies of all notices,

9 motions, and court orders filed thereafter in the case, in

10 the same manner as if the victim were a named party in the

11 case;

12 (9.5) shall inform the victim of (A) the victim's

13 right under Section 6 of this Act to make a statement at

14 the sentencing hearing; (B) the right of the victim's

15 spouse, guardian, parent, grandparent, and other immediate

16 family and household members under Section 6 of this Act

17 to present a statement at sentencing; and (C) if a

18 presentence report is to be prepared, the right of the

19 victim's spouse, guardian, parent, grandparent, and other

20 immediate family and household members to submit

21 information to the preparer of the presentence report

22 about the effect the offense has had on the victim and the

23 person;

24 (10) at the sentencing shall make a good faith attempt

25 to explain the minimum amount of time during which the

26 defendant may actually be physically imprisoned. The

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1 Office of the State's Attorney shall further notify the

2 crime victim of the right to request from the Prisoner

3 Review Board or Department of Juvenile Justice information

4 concerning the release of the defendant;

5 (11) shall request restitution at sentencing and as

6 part of a plea agreement if the victim requests

7 restitution;

8 (12) shall, upon the court entering a verdict of not

9 guilty by reason of insanity, inform the victim of the

10 notification services available from the Department of

11 Human Services, including the statewide telephone number,

12 under subparagraph (d)(2) of this Section;

13 (13) shall provide notice within a reasonable time

14 after receipt of notice from the custodian, of the release

15 of the defendant on ~~pretrial release~~ bail or personal

16 recognizance or the release from detention of a minor who

17 has been detained;

18 (14) shall explain in nontechnical language the

19 details of any plea or verdict of a defendant, or any

20 adjudication of a juvenile as a delinquent;

21 (15) shall make all reasonable efforts to consult with

22 the crime victim before the Office of the State's Attorney

23 makes an offer of a plea bargain to the defendant or enters

24 into negotiations with the defendant concerning a possible

25 plea agreement, and shall consider the written statement,

26 if prepared prior to entering into a plea agreement. The

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1 right to consult with the prosecutor does not include the

2 right to veto a plea agreement or to insist the case go to

3 trial. If the State's Attorney has not consulted with the

4 victim prior to making an offer or entering into plea

5 negotiations with the defendant, the Office of the State's

6 Attorney shall notify the victim of the offer or the

7 negotiations within 2 business days and confer with the

8 victim;

9 (16) shall provide notice of the ultimate disposition

10 of the cases arising from an indictment or an information,

11 or a petition to have a juvenile adjudicated as a

12 delinquent for a violent crime;

13 (17) shall provide notice of any appeal taken by the

14 defendant and information on how to contact the

15 appropriate agency handling the appeal, and how to request

16 notice of any hearing, oral argument, or decision of an

17 appellate court;

18 (18) shall provide timely notice of any request for

19 post-conviction review filed by the defendant under

20 Article 122 of the Code of Criminal Procedure of 1963, and

21 of the date, time and place of any hearing concerning the

22 petition. Whenever possible, notice of the hearing shall

23 be given within 48 hours of the court's scheduling of the

24 hearing;

25 (19) shall forward a copy of any statement presented

26 under Section 6 to the Prisoner Review Board or Department

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1 of Juvenile Justice to be considered in making a

2 determination under Section 3-2.5-85 or subsection (b) of

3 Section 3-3-8 of the Unified Code of Corrections;

4 (20) shall, within a reasonable time, offer to meet

5 with the crime victim regarding the decision of the

6 State's Attorney not to charge an offense, and shall meet

7 with the victim, if the victim agrees. The victim has a

8 right to have an attorney, advocate, and other support

9 person of the victim's choice attend this meeting with the

10 victim; and

11 (21) shall give the crime victim timely notice of any

12 decision not to pursue charges and consider the safety of

13 the victim when deciding how to give such notice.

14 (c) The court shall ensure that the rights of the victim

15 are afforded.

16 (c-5) The following procedures shall be followed to afford

17 victims the rights guaranteed by Article I, Section 8.1 of the

18 Illinois Constitution:

19 (1) Written notice. A victim may complete a written

20 notice of intent to assert rights on a form prepared by the

21 Office of the Attorney General and provided to the victim

22 by the State's Attorney. The victim may at any time

23 provide a revised written notice to the State's Attorney.

24 The State's Attorney shall file the written notice with

25 the court. At the beginning of any court proceeding in

26 which the right of a victim may be at issue, the court and

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1 prosecutor shall review the written notice to determine

2 whether the victim has asserted the right that may be at

3 issue.

4 (2) Victim's retained attorney. A victim's attorney

5 shall file an entry of appearance limited to assertion of

6 the victim's rights. Upon the filing of the entry of

7 appearance and service on the State's Attorney and the

8 defendant, the attorney is to receive copies of all

9 notices, motions and court orders filed thereafter in the

10 case.

11 (3) Standing. The victim has standing to assert the

12 rights enumerated in subsection (a) of Article I, Section

13 8.1 of the Illinois Constitution and the statutory rights

14 under Section 4 of this Act in any court exercising

15 jurisdiction over the criminal case. The prosecuting

16 attorney, a victim, or the victim's retained attorney may

17 assert the victim's rights. The defendant in the criminal

18 case has no standing to assert a right of the victim in any

19 court proceeding, including on appeal.

20 (4) Assertion of and enforcement of rights.

21 (A) The prosecuting attorney shall assert a

22 victim's right or request enforcement of a right by

23 filing a motion or by orally asserting the right or

24 requesting enforcement in open court in the criminal

25 case outside the presence of the jury. The prosecuting

26 attorney shall consult with the victim and the

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1 victim's attorney regarding the assertion or

2 enforcement of a right. If the prosecuting attorney

3 decides not to assert or enforce a victim's right, the

4 prosecuting attorney shall notify the victim or the

5 victim's attorney in sufficient time to allow the

6 victim or the victim's attorney to assert the right or

7 to seek enforcement of a right.

8 (B) If the prosecuting attorney elects not to

9 assert a victim's right or to seek enforcement of a

10 right, the victim or the victim's attorney may assert

11 the victim's right or request enforcement of a right

12 by filing a motion or by orally asserting the right or

13 requesting enforcement in open court in the criminal

14 case outside the presence of the jury.

15 (C) If the prosecuting attorney asserts a victim's

16 right or seeks enforcement of a right, unless the

17 prosecuting attorney objects or the trial court does

18 not allow it, the victim or the victim's attorney may

19 be heard regarding the prosecuting attorney's motion

20 or may file a simultaneous motion to assert or request

21 enforcement of the victim's right. If the victim or

22 the victim's attorney was not allowed to be heard at

23 the hearing regarding the prosecuting attorney's

24 motion, and the court denies the prosecuting

25 attorney's assertion of the right or denies the

26 request for enforcement of a right, the victim or

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1 victim's attorney may file a motion to assert the

2 victim's right or to request enforcement of the right

3 within 10 days of the court's ruling. The motion need

4 not demonstrate the grounds for a motion for

5 reconsideration. The court shall rule on the merits of

6 the motion.

7 (D) The court shall take up and decide any motion

8 or request asserting or seeking enforcement of a

9 victim's right without delay, unless a specific time

10 period is specified by law or court rule. The reasons

11 for any decision denying the motion or request shall

12 be clearly stated on the record.

13 (E) No later than January 1, 2023, the Office of

14 the Attorney General shall:

15 (i) designate an administrative authority

16 within the Office of the Attorney General to

17 receive and investigate complaints relating to the

18 provision or violation of the rights of a crime

19 victim as described in Article I, Section 8.1 of

20 the Illinois Constitution and in this Act;

21 (ii) create and administer a course of

22 training for employees and offices of the State of

23 Illinois that fail to comply with provisions of

24 Illinois law pertaining to the treatment of crime

25 victims as described in Article I, Section 8.1 of

26 the Illinois Constitution and in this Act as

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1 required by the court under Section 5 of this Act;

2 and

3 (iii) have the authority to make

4 recommendations to employees and offices of the

5 State of Illinois to respond more effectively to

6 the needs of crime victims, including regarding

7 the violation of the rights of a crime victim.

8 (F) Crime victims' rights may also be asserted by

9 filing a complaint for mandamus, injunctive, or

10 declaratory relief in the jurisdiction in which the

11 victim's right is being violated or where the crime is

12 being prosecuted. For complaints or motions filed by

13 or on behalf of the victim, the clerk of court shall

14 waive filing fees that would otherwise be owed by the

15 victim for any court filing with the purpose of

16 enforcing crime victims' rights. If the court denies

17 the relief sought by the victim, the reasons for the

18 denial shall be clearly stated on the record in the

19 transcript of the proceedings, in a written opinion,

20 or in the docket entry, and the victim may appeal the

21 circuit court's decision to the appellate court. The

22 court shall issue prompt rulings regarding victims'

23 rights. Proceedings seeking to enforce victims' rights

24 shall not be stayed or subject to unreasonable delay

25 via continuances.

26 (5) Violation of rights and remedies.

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1 (A) If the court determines that a victim's right

2 has been violated, the court shall determine the

3 appropriate remedy for the violation of the victim's

4 right by hearing from the victim and the parties,

5 considering all factors relevant to the issue, and

6 then awarding appropriate relief to the victim.

7 (A-5) Consideration of an issue of a substantive

8 nature or an issue that implicates the constitutional

9 or statutory right of a victim at a court proceeding

10 labeled as a status hearing shall constitute a per se

11 violation of a victim's right.

12 (B) The appropriate remedy shall include only

13 actions necessary to provide the victim the right to

14 which the victim was entitled. Remedies may include,

15 but are not limited to: injunctive relief requiring

16 the victim's right to be afforded; declaratory

17 judgment recognizing or clarifying the victim's

18 rights; a writ of mandamus; and may include reopening

19 previously held proceedings; however, in no event

20 shall the court vacate a conviction. Any remedy shall

21 be tailored to provide the victim an appropriate

22 remedy without violating any constitutional right of

23 the defendant. In no event shall the appropriate

24 remedy to the victim be a new trial or damages.

25 The court shall impose a mandatory training course

26 provided by the Attorney General for the employee under

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1 item (ii) of subparagraph (E) of paragraph (4), which must

2 be successfully completed within 6 months of the entry of

3 the court order.

4 This paragraph (5) takes effect January 2, 2023.

5 (6) Right to be heard. Whenever a victim has the right

6 to be heard, the court shall allow the victim to exercise

7 the right in any reasonable manner the victim chooses.

8 (7) Right to attend trial. A party must file a written

9 motion to exclude a victim from trial at least 60 days

10 prior to the date set for trial. The motion must state with

11 specificity the reason exclusion is necessary to protect a

12 constitutional right of the party, and must contain an

13 offer of proof. The court shall rule on the motion within

14 30 days. If the motion is granted, the court shall set

15 forth on the record the facts that support its finding

16 that the victim's testimony will be materially affected if

17 the victim hears other testimony at trial.

18 (8) Right to have advocate and support person present

19 at court proceedings.

20 (A) A party who intends to call an advocate as a

21 witness at trial must seek permission of the court

22 before the subpoena is issued. The party must file a

23 written motion at least 90 days before trial that sets

24 forth specifically the issues on which the advocate's

25 testimony is sought and an offer of proof regarding

26 (i) the content of the anticipated testimony of the

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1 advocate; and (ii) the relevance, admissibility, and

2 materiality of the anticipated testimony. The court

3 shall consider the motion and make findings within 30

4 days of the filing of the motion. If the court finds by

5 a preponderance of the evidence that: (i) the

6 anticipated testimony is not protected by an absolute

7 privilege; and (ii) the anticipated testimony contains

8 relevant, admissible, and material evidence that is

9 not available through other witnesses or evidence, the

10 court shall issue a subpoena requiring the advocate to

11 appear to testify at an in camera hearing. The

12 prosecuting attorney and the victim shall have 15 days

13 to seek appellate review before the advocate is

14 required to testify at an ex parte in camera

15 proceeding.

16 The prosecuting attorney, the victim, and the

17 advocate's attorney shall be allowed to be present at

18 the ex parte in camera proceeding. If, after

19 conducting the ex parte in camera hearing, the court

20 determines that due process requires any testimony

21 regarding confidential or privileged information or

22 communications, the court shall provide to the

23 prosecuting attorney, the victim, and the advocate's

24 attorney a written memorandum on the substance of the

25 advocate's testimony. The prosecuting attorney, the

26 victim, and the advocate's attorney shall have 15 days

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1 to seek appellate review before a subpoena may be

2 issued for the advocate to testify at trial. The

3 presence of the prosecuting attorney at the ex parte

4 in camera proceeding does not make the substance of

5 the advocate's testimony that the court has ruled

6 inadmissible subject to discovery.

7 (B) If a victim has asserted the right to have a

8 support person present at the court proceedings, the

9 victim shall provide the name of the person the victim

10 has chosen to be the victim's support person to the

11 prosecuting attorney, within 60 days of trial. The

12 prosecuting attorney shall provide the name to the

13 defendant. If the defendant intends to call the

14 support person as a witness at trial, the defendant

15 must seek permission of the court before a subpoena is

16 issued. The defendant must file a written motion at

17 least 45 days prior to trial that sets forth

18 specifically the issues on which the support person

19 will testify and an offer of proof regarding: (i) the

20 content of the anticipated testimony of the support

21 person; and (ii) the relevance, admissibility, and

22 materiality of the anticipated testimony.

23 If the prosecuting attorney intends to call the

24 support person as a witness during the State's

25 case-in-chief, the prosecuting attorney shall inform

26 the court of this intent in the response to the

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1 defendant's written motion. The victim may choose a

2 different person to be the victim's support person.

3 The court may allow the defendant to inquire about

4 matters outside the scope of the direct examination

5 during cross-examination. If the court allows the

6 defendant to do so, the support person shall be

7 allowed to remain in the courtroom after the support

8 person has testified. A defendant who fails to

9 question the support person about matters outside the

10 scope of direct examination during the State's

11 case-in-chief waives the right to challenge the

12 presence of the support person on appeal. The court

13 shall allow the support person to testify if called as

14 a witness in the defendant's case-in-chief or the

15 State's rebuttal.

16 If the court does not allow the defendant to

17 inquire about matters outside the scope of the direct

18 examination, the support person shall be allowed to

19 remain in the courtroom after the support person has

20 been called by the defendant or the defendant has

21 rested. The court shall allow the support person to

22 testify in the State's rebuttal.

23 If the prosecuting attorney does not intend to

24 call the support person in the State's case-in-chief,

25 the court shall verify with the support person whether

26 the support person, if called as a witness, would

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1 testify as set forth in the offer of proof. If the

2 court finds that the support person would testify as

3 set forth in the offer of proof, the court shall rule

4 on the relevance, materiality, and admissibility of

5 the anticipated testimony. If the court rules the

6 anticipated testimony is admissible, the court shall

7 issue the subpoena. The support person may remain in

8 the courtroom after the support person testifies and

9 shall be allowed to testify in rebuttal.

10 If the court excludes the victim's support person

11 during the State's case-in-chief, the victim shall be

12 allowed to choose another support person to be present

13 in court.

14 If the victim fails to designate a support person

15 within 60 days of trial and the defendant has

16 subpoenaed the support person to testify at trial, the

17 court may exclude the support person from the trial

18 until the support person testifies. If the court

19 excludes the support person the victim may choose

20 another person as a support person.

21 (9) Right to notice and hearing before disclosure of

22 confidential or privileged information or records.

23 (A) A defendant who seeks to subpoena testimony or

24 records of or concerning the victim that are

25 confidential or privileged by law must seek permission

26 of the court before the subpoena is issued. The

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1 defendant must file a written motion and an offer of

2 proof regarding the relevance, admissibility and

3 materiality of the testimony or records. If the court

4 finds by a preponderance of the evidence that:

5 (i) the testimony or records are not protected

6 by an absolute privilege and

7 (ii) the testimony or records contain

8 relevant, admissible, and material evidence that

9 is not available through other witnesses or

10 evidence, the court shall issue a subpoena

11 requiring the witness to appear in camera or a

12 sealed copy of the records be delivered to the

13 court to be reviewed in camera. If, after

14 conducting an in camera review of the witness

15 statement or records, the court determines that

16 due process requires disclosure of any potential

17 testimony or any portion of the records, the court

18 shall provide copies of the records that it

19 intends to disclose to the prosecuting attorney

20 and the victim. The prosecuting attorney and the

21 victim shall have 30 days to seek appellate review

22 before the records are disclosed to the defendant,

23 used in any court proceeding, or disclosed to

24 anyone or in any way that would subject the

25 testimony or records to public review. The

26 disclosure of copies of any portion of the

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1 testimony or records to the prosecuting attorney

2 under this Section does not make the records

3 subject to discovery or required to be provided to

4 the defendant.

5 (B) A prosecuting attorney who seeks to subpoena

6 information or records concerning the victim that are

7 confidential or privileged by law must first request

8 the written consent of the crime victim. If the victim

9 does not provide such written consent, including where

10 necessary the appropriate signed document required for

11 waiving privilege, the prosecuting attorney must serve

12 the subpoena at least 21 days prior to the date a

13 response or appearance is required to allow the

14 subject of the subpoena time to file a motion to quash

15 or request a hearing. The prosecuting attorney must

16 also send a written notice to the victim at least 21

17 days prior to the response date to allow the victim to

18 file a motion or request a hearing. The notice to the

19 victim shall inform the victim (i) that a subpoena has

20 been issued for confidential information or records

21 concerning the victim, (ii) that the victim has the

22 right to request a hearing prior to the response date

23 of the subpoena, and (iii) how to request the hearing.

24 The notice to the victim shall also include a copy of

25 the subpoena. If requested, a hearing regarding the

26 subpoena shall occur before information or records are

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1 provided to the prosecuting attorney.

2 (10) Right to notice of court proceedings. If the

3 victim is not present at a court proceeding in which a

4 right of the victim is at issue, the court shall ask the

5 prosecuting attorney whether the victim was notified of

6 the time, place, and purpose of the court proceeding and

7 that the victim had a right to be heard at the court

8 proceeding. If the court determines that timely notice was

9 not given or that the victim was not adequately informed

10 of the nature of the court proceeding, the court shall not

11 rule on any substantive issues, accept a plea, or impose a

12 sentence and shall continue the hearing for the time

13 necessary to notify the victim of the time, place and

14 nature of the court proceeding. The time between court

15 proceedings shall not be attributable to the State under

16 Section 103-5 of the Code of Criminal Procedure of 1963.

17 (11) Right to timely disposition of the case. A victim

18 has the right to timely disposition of the case so as to

19 minimize the stress, cost, and inconvenience resulting

20 from the victim's involvement in the case. Before ruling

21 on a motion to continue trial or other court proceeding,

22 the court shall inquire into the circumstances for the

23 request for the delay and, if the victim has provided

24 written notice of the assertion of the right to a timely

25 disposition, and whether the victim objects to the delay.

26 If the victim objects, the prosecutor shall inform the

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1 court of the victim's objections. If the prosecutor has

2 not conferred with the victim about the continuance, the

3 prosecutor shall inform the court of the attempts to

4 confer. If the court finds the attempts of the prosecutor

5 to confer with the victim were inadequate to protect the

6 victim's right to be heard, the court shall give the

7 prosecutor at least 3 but not more than 5 business days to

8 confer with the victim. In ruling on a motion to continue,

9 the court shall consider the reasons for the requested

10 continuance, the number and length of continuances that

11 have been granted, the victim's objections and procedures

12 to avoid further delays. If a continuance is granted over

13 the victim's objection, the court shall specify on the

14 record the reasons for the continuance and the procedures

15 that have been or will be taken to avoid further delays.

16 (12) Right to Restitution.

17 (A) If the victim has asserted the right to

18 restitution and the amount of restitution is known at

19 the time of sentencing, the court shall enter the

20 judgment of restitution at the time of sentencing.

21 (B) If the victim has asserted the right to

22 restitution and the amount of restitution is not known

23 at the time of sentencing, the prosecutor shall,

24 within 5 days after sentencing, notify the victim what

25 information and documentation related to restitution

26 is needed and that the information and documentation

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1 must be provided to the prosecutor within 45 days

2 after sentencing. Failure to timely provide

3 information and documentation related to restitution

4 shall be deemed a waiver of the right to restitution.

5 The prosecutor shall file and serve within 60 days

6 after sentencing a proposed judgment for restitution

7 and a notice that includes information concerning the

8 identity of any victims or other persons seeking

9 restitution, whether any victim or other person

10 expressly declines restitution, the nature and amount

11 of any damages together with any supporting

12 documentation, a restitution amount recommendation,

13 and the names of any co-defendants and their case

14 numbers. Within 30 days after receipt of the proposed

15 judgment for restitution, the defendant shall file any

16 objection to the proposed judgment, a statement of

17 grounds for the objection, and a financial statement.

18 If the defendant does not file an objection, the court

19 may enter the judgment for restitution without further

20 proceedings. If the defendant files an objection and

21 either party requests a hearing, the court shall

22 schedule a hearing.

23 (13) Access to presentence reports.

24 (A) The victim may request a copy of the

25 presentence report prepared under the Unified Code of

26 Corrections from the State's Attorney. The State's

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1 Attorney shall redact the following information before

2 providing a copy of the report:

3 (i) the defendant's mental history and

4 condition;

5 (ii) any evaluation prepared under subsection

6 (b) or (b-5) of Section 5-3-2; and

7 (iii) the name, address, phone number, and

8 other personal information about any other victim.

9 (B) The State's Attorney or the defendant may

10 request the court redact other information in the

11 report that may endanger the safety of any person.

12 (C) The State's Attorney may orally disclose to

13 the victim any of the information that has been

14 redacted if there is a reasonable likelihood that the

15 information will be stated in court at the sentencing.

16 (D) The State's Attorney must advise the victim

17 that the victim must maintain the confidentiality of

18 the report and other information. Any dissemination of

19 the report or information that was not stated at a

20 court proceeding constitutes indirect criminal

21 contempt of court.

22 (14) Appellate relief. If the trial court denies the

23 relief requested, the victim, the victim's attorney, or

24 the prosecuting attorney may file an appeal within 30 days

25 of the trial court's ruling. The trial or appellate court

26 may stay the court proceedings if the court finds that a

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1 stay would not violate a constitutional right of the

2 defendant. If the appellate court denies the relief

3 sought, the reasons for the denial shall be clearly stated

4 in a written opinion. In any appeal in a criminal case, the

5 State may assert as error the court's denial of any crime

6 victim's right in the proceeding to which the appeal

7 relates.

8 (15) Limitation on appellate relief. In no case shall

9 an appellate court provide a new trial to remedy the

10 violation of a victim's right.

11 (16) The right to be reasonably protected from the

12 accused throughout the criminal justice process and the

13 right to have the safety of the victim and the victim's

14 family considered in denying or fixing the amount of bail,

15 determining whether to release the defendant, and setting

16 conditions of release after arrest and conviction. A

17 victim of domestic violence, a sexual offense, or stalking

18 may request the entry of a protective order under Article

19 112A of the Code of Criminal Procedure of 1963.

20 (d) Procedures after the imposition of sentence.

21 (1) The Prisoner Review Board shall inform a victim or

22 any other concerned citizen, upon written request, of the

23 prisoner's release on parole, mandatory supervised

24 release, electronic detention, work release, international

25 transfer or exchange, or by the custodian, other than the

26 Department of Juvenile Justice, of the discharge of any

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1 individual who was adjudicated a delinquent for a crime

2 from State custody and by the sheriff of the appropriate

3 county of any such person's final discharge from county

4 custody. The Prisoner Review Board, upon written request,

5 shall provide to a victim or any other concerned citizen a

6 recent photograph of any person convicted of a felony,

7 upon his or her release from custody. The Prisoner Review

8 Board, upon written request, shall inform a victim or any

9 other concerned citizen when feasible at least 7 days

10 prior to the prisoner's release on furlough of the times

11 and dates of such furlough. Upon written request by the

12 victim or any other concerned citizen, the State's

13 Attorney shall notify the person once of the times and

14 dates of release of a prisoner sentenced to periodic

15 imprisonment. Notification shall be based on the most

16 recent information as to victim's or other concerned

17 citizen's residence or other location available to the

18 notifying authority.

19 (2) When the defendant has been committed to the

20 Department of Human Services pursuant to Section 5-2-4 or

21 any other provision of the Unified Code of Corrections,

22 the victim may request to be notified by the releasing

23 authority of the approval by the court of an on-grounds

24 pass, a supervised off-grounds pass, an unsupervised

25 off-grounds pass, or conditional release; the release on

26 an off-grounds pass; the return from an off-grounds pass;

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1 transfer to another facility; conditional release; escape;

2 death; or final discharge from State custody. The

3 Department of Human Services shall establish and maintain

4 a statewide telephone number to be used by victims to make

5 notification requests under these provisions and shall

6 publicize this telephone number on its website and to the

7 State's Attorney of each county.

8 (3) In the event of an escape from State custody, the

9 Department of Corrections or the Department of Juvenile

10 Justice immediately shall notify the Prisoner Review Board

11 of the escape and the Prisoner Review Board shall notify

12 the victim. The notification shall be based upon the most

13 recent information as to the victim's residence or other

14 location available to the Board. When no such information

15 is available, the Board shall make all reasonable efforts

16 to obtain the information and make the notification. When

17 the escapee is apprehended, the Department of Corrections

18 or the Department of Juvenile Justice immediately shall

19 notify the Prisoner Review Board and the Board shall

20 notify the victim.

21 (4) The victim of the crime for which the prisoner has

22 been sentenced has the right to register with the Prisoner

23 Review Board's victim registry. Victims registered with

24 the Board shall receive reasonable written notice not less

25 than 30 days prior to the parole hearing or target

26 aftercare release date. The victim has the right to submit

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1 a victim statement for consideration by the Prisoner

2 Review Board or the Department of Juvenile Justice in

3 writing, on film, videotape, or other electronic means, or

4 in the form of a recording prior to the parole hearing or

5 target aftercare release date, or in person at the parole

6 hearing or aftercare release protest hearing, or by

7 calling the toll-free number established in subsection (f)

8 of this Section. The victim shall be notified within 7

9 days after the prisoner has been granted parole or

10 aftercare release and shall be informed of the right to

11 inspect the registry of parole decisions, established

12 under subsection (g) of Section 3-3-5 of the Unified Code

13 of Corrections. The provisions of this paragraph (4) are

14 subject to the Open Parole Hearings Act. Victim statements

15 provided to the Board shall be confidential and

16 privileged, including any statements received prior to

17 ~~January 1, 2020 (~~the effective date of ~~Public Act 101-288)~~

18 this amendatory Act of the 101st General Assembly, except

19 if the statement was an oral statement made by the victim

20 at a hearing open to the public.

21 (4-1) The crime victim has the right to submit a

22 victim statement for consideration by the Prisoner Review

23 Board or the Department of Juvenile Justice prior to or at

24 a hearing to determine the conditions of mandatory

25 supervised release of a person sentenced to a determinate

26 sentence or at a hearing on revocation of mandatory

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1 supervised release of a person sentenced to a determinate

2 sentence. A victim statement may be submitted in writing,

3 on film, videotape, or other electronic means, or in the

4 form of a recording, or orally at a hearing, or by calling

5 the toll-free number established in subsection (f) of this

6 Section. Victim statements provided to the Board shall be

7 confidential and privileged, including any statements

8 received prior to ~~January 1, 2020 (~~the effective date of

9 ~~Public Act 101-288)~~ this amendatory Act of the 101st

10 General Assembly, except if the statement was an oral

11 statement made by the victim at a hearing open to the

12 public.

13 (4-2) The crime victim has the right to submit a

14 victim statement to the Prisoner Review Board for

15 consideration at an executive clemency hearing as provided

16 in Section 3-3-13 of the Unified Code of Corrections. A

17 victim statement may be submitted in writing, on film,

18 videotape, or other electronic means, or in the form of a

19 recording prior to a hearing, or orally at a hearing, or by

20 calling the toll-free number established in subsection (f)

21 of this Section. Victim statements provided to the Board

22 shall be confidential and privileged, including any

23 statements received prior to ~~January 1, 2020 (~~the

24 effective date of ~~Public Act 101-288)~~ this amendatory Act

25 of the 101st General Assembly, except if the statement was

26 an oral statement made by the victim at a hearing open to

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1 the public.

2 (5) If a statement is presented under Section 6, the

3 Prisoner Review Board or Department of Juvenile Justice

4 shall inform the victim of any order of discharge pursuant

5 to Section 3-2.5-85 or 3-3-8 of the Unified Code of

6 Corrections.

7 (6) At the written or oral request of the victim of the

8 crime for which the prisoner was sentenced or the State's

9 Attorney of the county where the person seeking parole or

10 aftercare release was prosecuted, the Prisoner Review

11 Board or Department of Juvenile Justice shall notify the

12 victim and the State's Attorney of the county where the

13 person seeking parole or aftercare release was prosecuted

14 of the death of the prisoner if the prisoner died while on

15 parole or aftercare release or mandatory supervised

16 release.

17 (7) When a defendant who has been committed to the

18 Department of Corrections, the Department of Juvenile

19 Justice, or the Department of Human Services is released

20 or discharged and subsequently committed to the Department

21 of Human Services as a sexually violent person and the

22 victim had requested to be notified by the releasing

23 authority of the defendant's discharge, conditional

24 release, death, or escape from State custody, the

25 releasing authority shall provide to the Department of

26 Human Services such information that would allow the

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1 Department of Human Services to contact the victim.

2 (8) When a defendant has been convicted of a sex

3 offense as defined in Section 2 of the Sex Offender

4 Registration Act and has been sentenced to the Department

5 of Corrections or the Department of Juvenile Justice, the

6 Prisoner Review Board or the Department of Juvenile

7 Justice shall notify the victim of the sex offense of the

8 prisoner's eligibility for release on parole, aftercare

9 release, mandatory supervised release, electronic

10 detention, work release, international transfer or

11 exchange, or by the custodian of the discharge of any

12 individual who was adjudicated a delinquent for a sex

13 offense from State custody and by the sheriff of the

14 appropriate county of any such person's final discharge

15 from county custody. The notification shall be made to the

16 victim at least 30 days, whenever possible, before release

17 of the sex offender.

18 (e) The officials named in this Section may satisfy some

19 or all of their obligations to provide notices and other

20 information through participation in a statewide victim and

21 witness notification system established by the Attorney

22 General under Section 8.5 of this Act.

23 (f) The Prisoner Review Board shall establish a toll-free

24 number that may be accessed by the crime victim to present a

25 victim statement to the Board in accordance with paragraphs

26 (4), (4-1), and (4-2) of subsection (d).

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1 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;

2 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.

3 8-20-21.)

4 Section 245. The Pretrial Services Act is amended by

5 changing Sections 11, 20, 22, and 34 as follows:

6 (725 ILCS 185/11) (from Ch. 38, par. 311)

7 Sec. 11. No person shall be interviewed by a pretrial

8 services agency unless he or she has first been apprised of the

9 identity and purpose of the interviewer, the scope of the

10 interview, the right to secure legal advice, and the right to

11 refuse cooperation. Inquiry of the defendant shall carefully

12 exclude questions concerning the details of the current

13 charge. Statements made by the defendant during the interview,

14 or evidence derived therefrom, are admissible in evidence only

15 when the court is considering the imposition of pretrial or

16 posttrial conditions to bail or recognizance, or when

17 considering the modification of a prior release order.

18 (Source: P.A. 84-1449; 101-652.)

19 (725 ILCS 185/20) (from Ch. 38, par. 320)

20 Sec. 20. In preparing and presenting its written reports

21 under Sections 17 and 19, pretrial services agencies shall in

22 appropriate cases include specific recommendations forthe

23 setting ~~the conditions~~ , increase, or decreaseof~~pretrial~~

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1 ~~release~~ bail; the release of the interviewee on his own

2 recognizance in sums certain; and the imposition ofpretrial

3 conditions ~~of pretrial release~~ to bailor recognizance

4 designed to minimize the risks of nonappearance, the

5 commission of new offenses while awaiting trial, and other

6 potential interference with the orderly administration of

7 justice. In establishing objective internal criteria of any

8 such recommendation policies, the agency may utilize so-called

9 "point scales" for evaluating the aforementioned risks, but no

10 interviewee shall be considered as ineligible for particular

11 agency recommendations by sole reference to such procedures.

12 (Source: P.A. 91-357, eff. 7-29-99; 101-652.)

13 (725 ILCS 185/22) (from Ch. 38, par. 322)

14 Sec. 22. If so ordered by the court, the pretrial services

15 agency shall prepare and submit for the court's approval and

16 signature a uniform release order on the uniform form

17 established by the Supreme Court in all cases where an

18 interviewee may be released from custody under conditions

19 contained in an agency report. Such conditions shall become

20 part of the conditions of~~pretrial release~~ the bail bond. A

21 copy of the uniform release order shall be provided to the

22 defendant and defendant's attorney of record, and the

23 prosecutor.

24 (Source: P.A. 84-1449; 101-652.)

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1 (725 ILCS 185/34)

2 Sec. 34. Probation and court services departments

3 considered pretrial services agencies. For the purposes of

4 administering the provisions of Public Act 95-773, known as

5 the Cindy Bischof Law, all probation and court services

6 departments are to be considered pretrial services agencies

7 under this Act and under the ~~pretrial release~~ bail bond

8 provisions of the Code of Criminal Procedure of 1963.

9 (Source: P.A. 96-341, eff. 8-11-09; 101-652.)

10 Section 250. The Quasi-criminal and Misdemeanor Bail Act

11 is amended by changing the title of the Act and Sections 0.01,

12 1, 2, 3, and 5 as follows:

13 (725 ILCS 195/Act title)

14 An Act to authorize designated officers to let persons

15 charged with quasi-criminal offenses and misdemeanors to

16 ~~pretrial release~~ bail and to accept and receipt for fines on

17 pleas of guilty in minor offenses, in accordance with

18 schedules established by rule of court.

19 (725 ILCS 195/0.01) (from Ch. 16, par. 80)

20 Sec. 0.01. Short title. This Act may be cited as the

21 Quasi-criminal and Misdemeanor ~~Pretrial Release~~ Bail Act.

22 (Source: P.A. 86-1324; 101-652.)

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1 (725 ILCS 195/1) (from Ch. 16, par. 81)

2 Sec. 1. Whenever in any circuit there shall be in force a

3 rule or order of the Supreme Court establishing a uniform~~form~~

4 scheduleprescribing the~~conditions of pretrial release~~

5 amounts of bail for specified conservation cases, traffic

6 cases, quasi-criminal offenses and misdemeanors, any general

7 superintendent, chief, captain, lieutenant, or sergeant of

8 police, or other police officer, the sheriff, the circuit

9 clerk, and any deputy sheriff or deputy circuit clerk

10 designated by the Circuit Court for the purpose, are

11 authorized to let to ~~pretrial release~~ bail any person charged

12 with a quasi-criminal offense or misdemeanorand to accept and

13 receipt for bonds or cash bail in accordance with regulations

14 established by rule or order of the Supreme Court. Unless

15 otherwise provided by Supreme Court Rule, no such bail may be

16 posted or accepted in any place other than a police station,

17 sheriff's office or jail, or other county, municipal or other

18 building housing governmental units, or a division

19 headquarters building of the Illinois State Police. Bonds and

20 cash so received shall be delivered to the office of the

21 circuit clerk or that of his designated deputy as provided by

22 regulation. Such cash and securities so received shall be

23 delivered to the office of such clerk or deputy clerk within at

24 least 48 hours of receipt or within the time set for the

25 accused's appearance in court whichever is earliest.

26 In all cases where a person is admitted to bail under a

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1 uniform schedule prescribing the amount of bail for specified

2 conservation cases, traffic cases, quasi-criminal offenses and

3 misdemeanors the provisions of Section 110-15 of the "Code of

4 Criminal Procedure of 1963", approved August 14, 1963, as

5 amended by the 75th General Assembly shall be applicable.

6 (Source: P.A. 80-897; 101-652.)

7 (725 ILCS 195/2) (from Ch. 16, par. 82)

8 Sec. 2. The conditions of the ~~pretrial release~~ bail bond

9 or deposit of cash bailshall be that the accused will appear

10 to answer the charge in court at a time and place specified in

11 the ~~pretrial release form~~ bond and thereafter as ordered by

12 the court until discharged on final order of the court and to

13 submit himself to the orders and process of the court. The

14 accused shall be furnished with an official receipt on a form

15 prescribed by rule of court for any cash or other security

16 deposited, and shall receive a copy of the ~~pretrial release~~

17 ~~form~~ bondspecifying the time and place of his court

18 appearance.

19 Upon performance of the conditions of the ~~pretrial release~~

20 bond, the ~~pretrial release form~~ bondshall be null and void and

21 ~~the accused shall be released from the conditions of pretrial~~

22 ~~release~~ any cash bail or other security shall be returned to

23 the accused.

24 (Source: Laws 1963, p. 2652; P.A. 101-652.)

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1 (725 ILCS 195/3) (from Ch. 16, par. 83)

2 Sec. 3. In lieu of ~~complying with the conditions of~~

3 ~~pretrial release~~ making bond or depositing cash bail as

4 provided in this Act or the deposit of other security

5 authorized by law, any accused person has the right to be

6 brought without unnecessary delay before the nearest or most

7 accessible judge of the circuit to be dealt with according to

8 law.

9 (Source: P.A. 77-1248; 101-652.)

10 (725 ILCS 195/5) (from Ch. 16, par. 85)

11 Sec. 5. Any person authorized to accept ~~pretrial release~~

12 bailor pleas of guilty by this Act who violates any provision

13 of this Act is guilty of a Class B misdemeanor.

14 (Source: P.A. 77-2319; 101-652.)

15 Section 255. The Unified Code of Corrections is amended by

16 changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, and

17 8-2-1 as follows:

18 (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)

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

20 Sec. 5-3-2. Presentence report.

21 (a) In felony cases, the presentence report shall set

22 forth:

23 (1) the defendant's history of delinquency or

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1 criminality, physical and mental history and condition,

2 family situation and background, economic status,

3 education, occupation and personal habits;

4 (2) information about special resources within the

5 community which might be available to assist the

6 defendant's rehabilitation, including treatment centers,

7 residential facilities, vocational training services,

8 correctional manpower programs, employment opportunities,

9 special educational programs, alcohol and drug abuse

10 programming, psychiatric and marriage counseling, and

11 other programs and facilities which could aid the

12 defendant's successful reintegration into society;

13 (3) the effect the offense committed has had upon the

14 victim or victims thereof, and any compensatory benefit

15 that various sentencing alternatives would confer on such

16 victim or victims;

17 (3.5) information provided by the victim's spouse,

18 guardian, parent, grandparent, and other immediate family

19 and household members about the effect the offense

20 committed has had on the victim and on the person

21 providing the information; if the victim's spouse,

22 guardian, parent, grandparent, or other immediate family

23 or household member has provided a written statement, the

24 statement shall be attached to the report;

25 (4) information concerning the defendant's status

26 since arrest, including his record if released on his own

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1 recognizance, or the defendant's achievement record if

2 released on a conditional pre-trial supervision program;

3 (5) when appropriate, a plan, based upon the personal,

4 economic and social adjustment needs of the defendant,

5 utilizing public and private community resources as an

6 alternative to institutional sentencing;

7 (6) any other matters that the investigatory officer

8 deems relevant or the court directs to be included;

9 (7) information concerning the defendant's eligibility

10 for a sentence to a county impact incarceration program

11 under Section 5-8-1.2 of this Code; and

12 (8) information concerning the defendant's eligibility

13 for a sentence to an impact incarceration program

14 administered by the Department under Section 5-8-1.1.

15 (b) The investigation shall include a physical and mental

16 examination of the defendant when so ordered by the court. If

17 the court determines that such an examination should be made,

18 it shall issue an order that the defendant submit to

19 examination at such time and place as designated by the court

20 and that such examination be conducted by a physician,

21 psychologist or psychiatrist designated by the court. Such an

22 examination may be conducted in a court clinic if so ordered by

23 the court. The cost of such examination shall be paid by the

24 county in which the trial is held.

25 (b-5) In cases involving felony sex offenses in which the

26 offender is being considered for probation only or any felony

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1 offense that is sexually motivated as defined in the Sex

2 Offender Management Board Act in which the offender is being

3 considered for probation only, the investigation shall include

4 a sex offender evaluation by an evaluator approved by the

5 Board and conducted in conformance with the standards

6 developed under the Sex Offender Management Board Act. In

7 cases in which the offender is being considered for any

8 mandatory prison sentence, the investigation shall not include

9 a sex offender evaluation.

10 (c) In misdemeanor, business offense or petty offense

11 cases, except as specified in subsection (d) of this Section,

12 when a presentence report has been ordered by the court, such

13 presentence report shall contain information on the

14 defendant's history of delinquency or criminality and shall

15 further contain only those matters listed in any of paragraphs

16 (1) through (6) of subsection (a) or in subsection (b) of this

17 Section as are specified by the court in its order for the

18 report.

19 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or

20 12-30 of the Criminal Code of 1961 or the Criminal Code of

21 2012, the presentence report shall set forth information about

22 alcohol, drug abuse, psychiatric, and marriage counseling or

23 other treatment programs and facilities, information on the

24 defendant's history of delinquency or criminality, and shall

25 contain those additional matters listed in any of paragraphs

26 (1) through (6) of subsection (a) or in subsection (b) of this

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1 Section as are specified by the court.

2 (e) Nothing in this Section shall cause the defendant to

3 be held without bail or to have his bail revoked for the

4 purpose of preparing the presentence report or making an

5 examination.

6 (Source: P.A. 101-105, eff. 1-1-20; 102-558, eff. 8-20-21.)

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

8 Sec. 5-3-2. Presentence report.

9 (a) In felony cases, the presentence report shall set

10 forth:

11 (1) the defendant's history of delinquency or

12 criminality, physical and mental history and condition,

13 family situation and background, economic status,

14 education, occupation and personal habits;

15 (2) information about special resources within the

16 community which might be available to assist the

17 defendant's rehabilitation, including treatment centers,

18 residential facilities, vocational training services,

19 correctional manpower programs, employment opportunities,

20 special educational programs, alcohol and drug abuse

21 programming, psychiatric and marriage counseling, and

22 other programs and facilities which could aid the

23 defendant's successful reintegration into society;

24 (3) the effect the offense committed has had upon the

25 victim or victims thereof, and any compensatory benefit

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1 that various sentencing alternatives would confer on such

2 victim or victims;

3 (3.5) information provided by the victim's spouse,

4 guardian, parent, grandparent, and other immediate family

5 and household members about the effect the offense

6 committed has had on the victim and on the person

7 providing the information; if the victim's spouse,

8 guardian, parent, grandparent, or other immediate family

9 or household member has provided a written statement, the

10 statement shall be attached to the report;

11 (4) information concerning the defendant's status

12 since arrest, including his record if released on his own

13 recognizance, or the defendant's achievement record if

14 released on a conditional pre-trial supervision program;

15 (5) when appropriate, a plan, based upon the personal,

16 economic and social adjustment needs of the defendant,

17 utilizing public and private community resources as an

18 alternative to institutional sentencing;

19 (6) any other matters that the investigatory officer

20 deems relevant or the court directs to be included;

21 (7) information concerning the defendant's eligibility

22 for a sentence to a county impact incarceration program

23 under Section 5-8-1.2 of this Code; and

24 (8) information concerning the defendant's eligibility

25 for a sentence to an impact incarceration program

26 administered by the Department under Section 5-8-1.1.

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1 (b) The investigation shall include a physical and mental

2 examination of the defendant when so ordered by the court. If

3 the court determines that such an examination should be made,

4 it shall issue an order that the defendant submit to

5 examination at such time and place as designated by the court

6 and that such examination be conducted by a physician,

7 psychologist or psychiatrist designated by the court. Such an

8 examination may be conducted in a court clinic if so ordered by

9 the court. The cost of such examination shall be paid by the

10 county in which the trial is held.

11 (b-5) In cases involving felony sex offenses in which the

12 offender is being considered for probation only or any felony

13 offense that is sexually motivated as defined in the Sex

14 Offender Management Board Act in which the offender is being

15 considered for probation only, the investigation shall include

16 a sex offender evaluation by an evaluator approved by the

17 Board and conducted in conformance with the standards

18 developed under the Sex Offender Management Board Act. In

19 cases in which the offender is being considered for any

20 mandatory prison sentence, the investigation shall not include

21 a sex offender evaluation.

22 (c) In misdemeanor, business offense or petty offense

23 cases, except as specified in subsection (d) of this Section,

24 when a presentence report has been ordered by the court, such

25 presentence report shall contain information on the

26 defendant's history of delinquency or criminality and shall

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1 further contain only those matters listed in any of paragraphs

2 (1) through (6) of subsection (a) or in subsection (b) of this

3 Section as are specified by the court in its order for the

4 report.

5 (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or

6 12-30 of the Criminal Code of 1961 or the Criminal Code of

7 2012, the presentence report shall set forth information about

8 alcohol, drug abuse, psychiatric, and marriage counseling or

9 other treatment programs and facilities, information on the

10 defendant's history of delinquency or criminality, and shall

11 contain those additional matters listed in any of paragraphs

12 (1) through (6) of subsection (a) or in subsection (b) of this

13 Section as are specified by the court.

14 (e) Nothing in this Section shall cause the defendant to

15 be held without~~pretrial release~~ bail or to have his ~~pretrial~~

16 ~~release~~ bailrevoked for the purpose of preparing the

17 presentence report or making an examination.

18 (Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23;

19 102-558, eff. 8-20-21.)

20 (730 ILCS 5/5-5-3.2)

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

22 Sec. 5-5-3.2. Factors in aggravation and extended-term

23 sentencing.

24 (a) The following factors shall be accorded weight in

25 favor of imposing a term of imprisonment or may be considered

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1 by the court as reasons to impose a more severe sentence under

2 Section 5-8-1 or Article 4.5 of Chapter V:

3 (1) the defendant's conduct caused or threatened

4 serious harm;

5 (2) the defendant received compensation for committing

6 the offense;

7 (3) the defendant has a history of prior delinquency

8 or criminal activity;

9 (4) the defendant, by the duties of his office or by

10 his position, was obliged to prevent the particular

11 offense committed or to bring the offenders committing it

12 to justice;

13 (5) the defendant held public office at the time of

14 the offense, and the offense related to the conduct of

15 that office;

16 (6) the defendant utilized his professional reputation

17 or position in the community to commit the offense, or to

18 afford him an easier means of committing it;

19 (7) the sentence is necessary to deter others from

20 committing the same crime;

21 (8) the defendant committed the offense against a

22 person 60 years of age or older or such person's property;

23 (9) the defendant committed the offense against a

24 person who has a physical disability or such person's

25 property;

26 (10) by reason of another individual's actual or

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1 perceived race, color, creed, religion, ancestry, gender,

2 sexual orientation, physical or mental disability, or

3 national origin, the defendant committed the offense

4 against (i) the person or property of that individual;

5 (ii) the person or property of a person who has an

6 association with, is married to, or has a friendship with

7 the other individual; or (iii) the person or property of a

8 relative (by blood or marriage) of a person described in

9 clause (i) or (ii). For the purposes of this Section,

10 "sexual orientation" has the meaning ascribed to it in

11 paragraph (O-1) of Section 1-103 of the Illinois Human

12 Rights Act;

13 (11) the offense took place in a place of worship or on

14 the grounds of a place of worship, immediately prior to,

15 during or immediately following worship services. For

16 purposes of this subparagraph, "place of worship" shall

17 mean any church, synagogue or other building, structure or

18 place used primarily for religious worship;

19 (12) the defendant was convicted of a felony committed

20 while he was released on bail or his own recognizance

21 pending trial for a prior felony and was convicted of such

22 prior felony, or the defendant was convicted of a felony

23 committed while he was serving a period of probation,

24 conditional discharge, or mandatory supervised release

25 under subsection (d) of Section 5-8-1 for a prior felony;

26 (13) the defendant committed or attempted to commit a

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1 felony while he was wearing a bulletproof vest. For the

2 purposes of this paragraph (13), a bulletproof vest is any

3 device which is designed for the purpose of protecting the

4 wearer from bullets, shot or other lethal projectiles;

5 (14) the defendant held a position of trust or

6 supervision such as, but not limited to, family member as

7 defined in Section 11-0.1 of the Criminal Code of 2012,

8 teacher, scout leader, baby sitter, or day care worker, in

9 relation to a victim under 18 years of age, and the

10 defendant committed an offense in violation of Section

11 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

12 11-14.4 except for an offense that involves keeping a

13 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

14 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

15 or 12-16 of the Criminal Code of 1961 or the Criminal Code

16 of 2012 against that victim;

17 (15) the defendant committed an offense related to the

18 activities of an organized gang. For the purposes of this

19 factor, "organized gang" has the meaning ascribed to it in

20 Section 10 of the Streetgang Terrorism Omnibus Prevention

21 Act;

22 (16) the defendant committed an offense in violation

23 of one of the following Sections while in a school,

24 regardless of the time of day or time of year; on any

25 conveyance owned, leased, or contracted by a school to

26 transport students to or from school or a school related

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1 activity; on the real property of a school; or on a public

2 way within 1,000 feet of the real property comprising any

3 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

4 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

5 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

6 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

7 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

8 for subdivision (a)(4) or (g)(1), of the Criminal Code of

9 1961 or the Criminal Code of 2012;

10 (16.5) the defendant committed an offense in violation

11 of one of the following Sections while in a day care

12 center, regardless of the time of day or time of year; on

13 the real property of a day care center, regardless of the

14 time of day or time of year; or on a public way within

15 1,000 feet of the real property comprising any day care

16 center, regardless of the time of day or time of year:

17 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

18 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

19 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

20 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

21 18-2, or 33A-2, or Section 12-3.05 except for subdivision

22 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

23 Criminal Code of 2012;

24 (17) the defendant committed the offense by reason of

25 any person's activity as a community policing volunteer or

26 to prevent any person from engaging in activity as a

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1 community policing volunteer. For the purpose of this

2 Section, "community policing volunteer" has the meaning

3 ascribed to it in Section 2-3.5 of the Criminal Code of

4 2012;

5 (18) the defendant committed the offense in a nursing

6 home or on the real property comprising a nursing home.

7 For the purposes of this paragraph (18), "nursing home"

8 means a skilled nursing or intermediate long term care

9 facility that is subject to license by the Illinois

10 Department of Public Health under the Nursing Home Care

11 Act, the Specialized Mental Health Rehabilitation Act of

12 2013, the ID/DD Community Care Act, or the MC/DD Act;

13 (19) the defendant was a federally licensed firearm

14 dealer and was previously convicted of a violation of

15 subsection (a) of Section 3 of the Firearm Owners

16 Identification Card Act and has now committed either a

17 felony violation of the Firearm Owners Identification Card

18 Act or an act of armed violence while armed with a firearm;

19 (20) the defendant (i) committed the offense of

20 reckless homicide under Section 9-3 of the Criminal Code

21 of 1961 or the Criminal Code of 2012 or the offense of

22 driving under the influence of alcohol, other drug or

23 drugs, intoxicating compound or compounds or any

24 combination thereof under Section 11-501 of the Illinois

25 Vehicle Code or a similar provision of a local ordinance

26 and (ii) was operating a motor vehicle in excess of 20

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1 miles per hour over the posted speed limit as provided in

2 Article VI of Chapter 11 of the Illinois Vehicle Code;

3 (21) the defendant (i) committed the offense of

4 reckless driving or aggravated reckless driving under

5 Section 11-503 of the Illinois Vehicle Code and (ii) was

6 operating a motor vehicle in excess of 20 miles per hour

7 over the posted speed limit as provided in Article VI of

8 Chapter 11 of the Illinois Vehicle Code;

9 (22) the defendant committed the offense against a

10 person that the defendant knew, or reasonably should have

11 known, was a member of the Armed Forces of the United

12 States serving on active duty. For purposes of this clause

13 (22), the term "Armed Forces" means any of the Armed

14 Forces of the United States, including a member of any

15 reserve component thereof or National Guard unit called to

16 active duty;

17 (23) the defendant committed the offense against a

18 person who was elderly or infirm or who was a person with a

19 disability by taking advantage of a family or fiduciary

20 relationship with the elderly or infirm person or person

21 with a disability;

22 (24) the defendant committed any offense under Section

23 11-20.1 of the Criminal Code of 1961 or the Criminal Code

24 of 2012 and possessed 100 or more images;

25 (25) the defendant committed the offense while the

26 defendant or the victim was in a train, bus, or other

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1 vehicle used for public transportation;

2 (26) the defendant committed the offense of child

3 pornography or aggravated child pornography, specifically

4 including paragraph (1), (2), (3), (4), (5), or (7) of

5 subsection (a) of Section 11-20.1 of the Criminal Code of

6 1961 or the Criminal Code of 2012 where a child engaged in,

7 solicited for, depicted in, or posed in any act of sexual

8 penetration or bound, fettered, or subject to sadistic,

9 masochistic, or sadomasochistic abuse in a sexual context

10 and specifically including paragraph (1), (2), (3), (4),

11 (5), or (7) of subsection (a) of Section 11-20.1B or

12 Section 11-20.3 of the Criminal Code of 1961 where a child

13 engaged in, solicited for, depicted in, or posed in any

14 act of sexual penetration or bound, fettered, or subject

15 to sadistic, masochistic, or sadomasochistic abuse in a

16 sexual context;

17 (27) the defendant committed the offense of first

18 degree murder, assault, aggravated assault, battery,

19 aggravated battery, robbery, armed robbery, or aggravated

20 robbery against a person who was a veteran and the

21 defendant knew, or reasonably should have known, that the

22 person was a veteran performing duties as a representative

23 of a veterans' organization. For the purposes of this

24 paragraph (27), "veteran" means an Illinois resident who

25 has served as a member of the United States Armed Forces, a

26 member of the Illinois National Guard, or a member of the

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1 United States Reserve Forces; and "veterans' organization"

2 means an organization comprised of members of which

3 substantially all are individuals who are veterans or

4 spouses, widows, or widowers of veterans, the primary

5 purpose of which is to promote the welfare of its members

6 and to provide assistance to the general public in such a

7 way as to confer a public benefit;

8 (28) the defendant committed the offense of assault,

9 aggravated assault, battery, aggravated battery, robbery,

10 armed robbery, or aggravated robbery against a person that

11 the defendant knew or reasonably should have known was a

12 letter carrier or postal worker while that person was

13 performing his or her duties delivering mail for the

14 United States Postal Service;

15 (29) the defendant committed the offense of criminal

16 sexual assault, aggravated criminal sexual assault,

17 criminal sexual abuse, or aggravated criminal sexual abuse

18 against a victim with an intellectual disability, and the

19 defendant holds a position of trust, authority, or

20 supervision in relation to the victim;

21 (30) the defendant committed the offense of promoting

22 juvenile prostitution, patronizing a prostitute, or

23 patronizing a minor engaged in prostitution and at the

24 time of the commission of the offense knew that the

25 prostitute or minor engaged in prostitution was in the

26 custody or guardianship of the Department of Children and

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1 Family Services;

2 (31) the defendant (i) committed the offense of

3 driving while under the influence of alcohol, other drug

4 or drugs, intoxicating compound or compounds or any

5 combination thereof in violation of Section 11-501 of the

6 Illinois Vehicle Code or a similar provision of a local

7 ordinance and (ii) the defendant during the commission of

8 the offense was driving his or her vehicle upon a roadway

9 designated for one-way traffic in the opposite direction

10 of the direction indicated by official traffic control

11 devices;

12 (32) the defendant committed the offense of reckless

13 homicide while committing a violation of Section 11-907 of

14 the Illinois Vehicle Code;

15 (33) the defendant was found guilty of an

16 administrative infraction related to an act or acts of

17 public indecency or sexual misconduct in the penal

18 institution. In this paragraph (33), "penal institution"

19 has the same meaning as in Section 2-14 of the Criminal

20 Code of 2012; or

21 (34) the defendant committed the offense of leaving

22 the scene of an accident in violation of subsection (b) of

23 Section 11-401 of the Illinois Vehicle Code and the

24 accident resulted in the death of a person and at the time

25 of the offense, the defendant was: (i) driving under the

26 influence of alcohol, other drug or drugs, intoxicating

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1 compound or compounds or any combination thereof as

2 defined by Section 11-501 of the Illinois Vehicle Code; or

3 (ii) operating the motor vehicle while using an electronic

4 communication device as defined in Section 12-610.2 of the

5 Illinois Vehicle Code.

6 For the purposes of this Section:

7 "School" is defined as a public or private elementary or

8 secondary school, community college, college, or university.

9 "Day care center" means a public or private State

10 certified and licensed day care center as defined in Section

11 2.09 of the Child Care Act of 1969 that displays a sign in

12 plain view stating that the property is a day care center.

13 "Intellectual disability" means significantly subaverage

14 intellectual functioning which exists concurrently with

15 impairment in adaptive behavior.

16 "Public transportation" means the transportation or

17 conveyance of persons by means available to the general

18 public, and includes paratransit services.

19 "Traffic control devices" means all signs, signals,

20 markings, and devices that conform to the Illinois Manual on

21 Uniform Traffic Control Devices, placed or erected by

22 authority of a public body or official having jurisdiction,

23 for the purpose of regulating, warning, or guiding traffic.

24 (b) The following factors, related to all felonies, may be

25 considered by the court as reasons to impose an extended term

26 sentence under Section 5-8-2 upon any offender:

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1 (1) When a defendant is convicted of any felony, after

2 having been previously convicted in Illinois or any other

3 jurisdiction of the same or similar class felony or

4 greater class felony, when such conviction has occurred

5 within 10 years after the previous conviction, excluding

6 time spent in custody, and such charges are separately

7 brought and tried and arise out of different series of

8 acts; or

9 (2) When a defendant is convicted of any felony and

10 the court finds that the offense was accompanied by

11 exceptionally brutal or heinous behavior indicative of

12 wanton cruelty; or

13 (3) When a defendant is convicted of any felony

14 committed against:

15 (i) a person under 12 years of age at the time of

16 the offense or such person's property;

17 (ii) a person 60 years of age or older at the time

18 of the offense or such person's property; or

19 (iii) a person who had a physical disability at

20 the time of the offense or such person's property; or

21 (4) When a defendant is convicted of any felony and

22 the offense involved any of the following types of

23 specific misconduct committed as part of a ceremony, rite,

24 initiation, observance, performance, practice or activity

25 of any actual or ostensible religious, fraternal, or

26 social group:

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1 (i) the brutalizing or torturing of humans or

2 animals;

3 (ii) the theft of human corpses;

4 (iii) the kidnapping of humans;

5 (iv) the desecration of any cemetery, religious,

6 fraternal, business, governmental, educational, or

7 other building or property; or

8 (v) ritualized abuse of a child; or

9 (5) When a defendant is convicted of a felony other

10 than conspiracy and the court finds that the felony was

11 committed under an agreement with 2 or more other persons

12 to commit that offense and the defendant, with respect to

13 the other individuals, occupied a position of organizer,

14 supervisor, financier, or any other position of management

15 or leadership, and the court further finds that the felony

16 committed was related to or in furtherance of the criminal

17 activities of an organized gang or was motivated by the

18 defendant's leadership in an organized gang; or

19 (6) When a defendant is convicted of an offense

20 committed while using a firearm with a laser sight

21 attached to it. For purposes of this paragraph, "laser

22 sight" has the meaning ascribed to it in Section 26-7 of

23 the Criminal Code of 2012; or

24 (7) When a defendant who was at least 17 years of age

25 at the time of the commission of the offense is convicted

26 of a felony and has been previously adjudicated a

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1 delinquent minor under the Juvenile Court Act of 1987 for

2 an act that if committed by an adult would be a Class X or

3 Class 1 felony when the conviction has occurred within 10

4 years after the previous adjudication, excluding time

5 spent in custody; or

6 (8) When a defendant commits any felony and the

7 defendant used, possessed, exercised control over, or

8 otherwise directed an animal to assault a law enforcement

9 officer engaged in the execution of his or her official

10 duties or in furtherance of the criminal activities of an

11 organized gang in which the defendant is engaged; or

12 (9) When a defendant commits any felony and the

13 defendant knowingly video or audio records the offense

14 with the intent to disseminate the recording.

15 (c) The following factors may be considered by the court

16 as reasons to impose an extended term sentence under Section

17 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

18 offenses:

19 (1) When a defendant is convicted of first degree

20 murder, after having been previously convicted in Illinois

21 of any offense listed under paragraph (c)(2) of Section

22 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

23 occurred within 10 years after the previous conviction,

24 excluding time spent in custody, and the charges are

25 separately brought and tried and arise out of different

26 series of acts.

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1 (1.5) When a defendant is convicted of first degree

2 murder, after having been previously convicted of domestic

3 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

4 (720 ILCS 5/12-3.3) committed on the same victim or after

5 having been previously convicted of violation of an order

6 of protection (720 ILCS 5/12-30) in which the same victim

7 was the protected person.

8 (2) When a defendant is convicted of voluntary

9 manslaughter, second degree murder, involuntary

10 manslaughter, or reckless homicide in which the defendant

11 has been convicted of causing the death of more than one

12 individual.

13 (3) When a defendant is convicted of aggravated

14 criminal sexual assault or criminal sexual assault, when

15 there is a finding that aggravated criminal sexual assault

16 or criminal sexual assault was also committed on the same

17 victim by one or more other individuals, and the defendant

18 voluntarily participated in the crime with the knowledge

19 of the participation of the others in the crime, and the

20 commission of the crime was part of a single course of

21 conduct during which there was no substantial change in

22 the nature of the criminal objective.

23 (4) If the victim was under 18 years of age at the time

24 of the commission of the offense, when a defendant is

25 convicted of aggravated criminal sexual assault or

26 predatory criminal sexual assault of a child under

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1 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

2 of Section 12-14.1 of the Criminal Code of 1961 or the

3 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

4 (5) When a defendant is convicted of a felony

5 violation of Section 24-1 of the Criminal Code of 1961 or

6 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

7 finding that the defendant is a member of an organized

8 gang.

9 (6) When a defendant was convicted of unlawful use of

10 weapons under Section 24-1 of the Criminal Code of 1961 or

11 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

12 a weapon that is not readily distinguishable as one of the

13 weapons enumerated in Section 24-1 of the Criminal Code of

14 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

15 (7) When a defendant is convicted of an offense

16 involving the illegal manufacture of a controlled

17 substance under Section 401 of the Illinois Controlled

18 Substances Act (720 ILCS 570/401), the illegal manufacture

19 of methamphetamine under Section 25 of the Methamphetamine

20 Control and Community Protection Act (720 ILCS 646/25), or

21 the illegal possession of explosives and an emergency

22 response officer in the performance of his or her duties

23 is killed or injured at the scene of the offense while

24 responding to the emergency caused by the commission of

25 the offense. In this paragraph, "emergency" means a

26 situation in which a person's life, health, or safety is

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1 in jeopardy; and "emergency response officer" means a

2 peace officer, community policing volunteer, fireman,

3 emergency medical technician-ambulance, emergency medical

4 technician-intermediate, emergency medical

5 technician-paramedic, ambulance driver, other medical

6 assistance or first aid personnel, or hospital emergency

7 room personnel.

8 (8) When the defendant is convicted of attempted mob

9 action, solicitation to commit mob action, or conspiracy

10 to commit mob action under Section 8-1, 8-2, or 8-4 of the

11 Criminal Code of 2012, where the criminal object is a

12 violation of Section 25-1 of the Criminal Code of 2012,

13 and an electronic communication is used in the commission

14 of the offense. For the purposes of this paragraph (8),

15 "electronic communication" shall have the meaning provided

16 in Section 26.5-0.1 of the Criminal Code of 2012.

17 (d) For the purposes of this Section, "organized gang" has

18 the meaning ascribed to it in Section 10 of the Illinois

19 Streetgang Terrorism Omnibus Prevention Act.

20 (e) The court may impose an extended term sentence under

21 Article 4.5 of Chapter V upon an offender who has been

22 convicted of a felony violation of Section 11-1.20, 11-1.30,

23 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

24 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

25 when the victim of the offense is under 18 years of age at the

26 time of the commission of the offense and, during the

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1 commission of the offense, the victim was under the influence

2 of alcohol, regardless of whether or not the alcohol was

3 supplied by the offender; and the offender, at the time of the

4 commission of the offense, knew or should have known that the

5 victim had consumed alcohol.

6 (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;

7 101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)

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

9 Sec. 5-5-3.2. Factors in aggravation and extended-term

10 sentencing.

11 (a) The following factors shall be accorded weight in

12 favor of imposing a term of imprisonment or may be considered

13 by the court as reasons to impose a more severe sentence under

14 Section 5-8-1 or Article 4.5 of Chapter V:

15 (1) the defendant's conduct caused or threatened

16 serious harm;

17 (2) the defendant received compensation for committing

18 the offense;

19 (3) the defendant has a history of prior delinquency

20 or criminal activity;

21 (4) the defendant, by the duties of his office or by

22 his position, was obliged to prevent the particular

23 offense committed or to bring the offenders committing it

24 to justice;

25 (5) the defendant held public office at the time of

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1 the offense, and the offense related to the conduct of

2 that office;

3 (6) the defendant utilized his professional reputation

4 or position in the community to commit the offense, or to

5 afford him an easier means of committing it;

6 (7) the sentence is necessary to deter others from

7 committing the same crime;

8 (8) the defendant committed the offense against a

9 person 60 years of age or older or such person's property;

10 (9) the defendant committed the offense against a

11 person who has a physical disability or such person's

12 property;

13 (10) by reason of another individual's actual or

14 perceived race, color, creed, religion, ancestry, gender,

15 sexual orientation, physical or mental disability, or

16 national origin, the defendant committed the offense

17 against (i) the person or property of that individual;

18 (ii) the person or property of a person who has an

19 association with, is married to, or has a friendship with

20 the other individual; or (iii) the person or property of a

21 relative (by blood or marriage) of a person described in

22 clause (i) or (ii). For the purposes of this Section,

23 "sexual orientation" has the meaning ascribed to it in

24 paragraph (O-1) of Section 1-103 of the Illinois Human

25 Rights Act;

26 (11) the offense took place in a place of worship or on

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1 the grounds of a place of worship, immediately prior to,

2 during or immediately following worship services. For

3 purposes of this subparagraph, "place of worship" shall

4 mean any church, synagogue or other building, structure or

5 place used primarily for religious worship;

6 (12) the defendant was convicted of a felony committed

7 while he was~~on pretrial release~~ released on bail or his

8 own recognizance pending trial for a prior felony and was

9 convicted of such prior felony, or the defendant was

10 convicted of a felony committed while he was serving a

11 period of probation, conditional discharge, or mandatory

12 supervised release under subsection (d) of Section 5-8-1

13 for a prior felony;

14 (13) the defendant committed or attempted to commit a

15 felony while he was wearing a bulletproof vest. For the

16 purposes of this paragraph (13), a bulletproof vest is any

17 device which is designed for the purpose of protecting the

18 wearer from bullets, shot or other lethal projectiles;

19 (14) the defendant held a position of trust or

20 supervision such as, but not limited to, family member as

21 defined in Section 11-0.1 of the Criminal Code of 2012,

22 teacher, scout leader, baby sitter, or day care worker, in

23 relation to a victim under 18 years of age, and the

24 defendant committed an offense in violation of Section

25 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

26 11-14.4 except for an offense that involves keeping a

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1 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

2 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

3 or 12-16 of the Criminal Code of 1961 or the Criminal Code

4 of 2012 against that victim;

5 (15) the defendant committed an offense related to the

6 activities of an organized gang. For the purposes of this

7 factor, "organized gang" has the meaning ascribed to it in

8 Section 10 of the Streetgang Terrorism Omnibus Prevention

9 Act;

10 (16) the defendant committed an offense in violation

11 of one of the following Sections while in a school,

12 regardless of the time of day or time of year; on any

13 conveyance owned, leased, or contracted by a school to

14 transport students to or from school or a school related

15 activity; on the real property of a school; or on a public

16 way within 1,000 feet of the real property comprising any

17 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

18 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

19 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

20 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

21 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

22 for subdivision (a)(4) or (g)(1), of the Criminal Code of

23 1961 or the Criminal Code of 2012;

24 (16.5) the defendant committed an offense in violation

25 of one of the following Sections while in a day care

26 center, regardless of the time of day or time of year; on

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1 the real property of a day care center, regardless of the

2 time of day or time of year; or on a public way within

3 1,000 feet of the real property comprising any day care

4 center, regardless of the time of day or time of year:

5 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

6 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

7 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

8 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

9 18-2, or 33A-2, or Section 12-3.05 except for subdivision

10 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

11 Criminal Code of 2012;

12 (17) the defendant committed the offense by reason of

13 any person's activity as a community policing volunteer or

14 to prevent any person from engaging in activity as a

15 community policing volunteer. For the purpose of this

16 Section, "community policing volunteer" has the meaning

17 ascribed to it in Section 2-3.5 of the Criminal Code of

18 2012;

19 (18) the defendant committed the offense in a nursing

20 home or on the real property comprising a nursing home.

21 For the purposes of this paragraph (18), "nursing home"

22 means a skilled nursing or intermediate long term care

23 facility that is subject to license by the Illinois

24 Department of Public Health under the Nursing Home Care

25 Act, the Specialized Mental Health Rehabilitation Act of

26 2013, the ID/DD Community Care Act, or the MC/DD Act;

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1 (19) the defendant was a federally licensed firearm

2 dealer and was previously convicted of a violation of

3 subsection (a) of Section 3 of the Firearm Owners

4 Identification Card Act and has now committed either a

5 felony violation of the Firearm Owners Identification Card

6 Act or an act of armed violence while armed with a firearm;

7 (20) the defendant (i) committed the offense of

8 reckless homicide under Section 9-3 of the Criminal Code

9 of 1961 or the Criminal Code of 2012 or the offense of

10 driving under the influence of alcohol, other drug or

11 drugs, intoxicating compound or compounds or any

12 combination thereof under Section 11-501 of the Illinois

13 Vehicle Code or a similar provision of a local ordinance

14 and (ii) was operating a motor vehicle in excess of 20

15 miles per hour over the posted speed limit as provided in

16 Article VI of Chapter 11 of the Illinois Vehicle Code;

17 (21) the defendant (i) committed the offense of

18 reckless driving or aggravated reckless driving under

19 Section 11-503 of the Illinois Vehicle Code and (ii) was

20 operating a motor vehicle in excess of 20 miles per hour

21 over the posted speed limit as provided in Article VI of

22 Chapter 11 of the Illinois Vehicle Code;

23 (22) the defendant committed the offense against a

24 person that the defendant knew, or reasonably should have

25 known, was a member of the Armed Forces of the United

26 States serving on active duty. For purposes of this clause

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1 (22), the term "Armed Forces" means any of the Armed

2 Forces of the United States, including a member of any

3 reserve component thereof or National Guard unit called to

4 active duty;

5 (23) the defendant committed the offense against a

6 person who was elderly or infirm or who was a person with a

7 disability by taking advantage of a family or fiduciary

8 relationship with the elderly or infirm person or person

9 with a disability;

10 (24) the defendant committed any offense under Section

11 11-20.1 of the Criminal Code of 1961 or the Criminal Code

12 of 2012 and possessed 100 or more images;

13 (25) the defendant committed the offense while the

14 defendant or the victim was in a train, bus, or other

15 vehicle used for public transportation;

16 (26) the defendant committed the offense of child

17 pornography or aggravated child pornography, specifically

18 including paragraph (1), (2), (3), (4), (5), or (7) of

19 subsection (a) of Section 11-20.1 of the Criminal Code of

20 1961 or the Criminal Code of 2012 where a child engaged in,

21 solicited for, depicted in, or posed in any act of sexual

22 penetration or bound, fettered, or subject to sadistic,

23 masochistic, or sadomasochistic abuse in a sexual context

24 and specifically including paragraph (1), (2), (3), (4),

25 (5), or (7) of subsection (a) of Section 11-20.1B or

26 Section 11-20.3 of the Criminal Code of 1961 where a child

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1 engaged in, solicited for, depicted in, or posed in any

2 act of sexual penetration or bound, fettered, or subject

3 to sadistic, masochistic, or sadomasochistic abuse in a

4 sexual context;

5 (27) the defendant committed the offense of first

6 degree murder, assault, aggravated assault, battery,

7 aggravated battery, robbery, armed robbery, or aggravated

8 robbery against a person who was a veteran and the

9 defendant knew, or reasonably should have known, that the

10 person was a veteran performing duties as a representative

11 of a veterans' organization. For the purposes of this

12 paragraph (27), "veteran" means an Illinois resident who

13 has served as a member of the United States Armed Forces, a

14 member of the Illinois National Guard, or a member of the

15 United States Reserve Forces; and "veterans' organization"

16 means an organization comprised of members of which

17 substantially all are individuals who are veterans or

18 spouses, widows, or widowers of veterans, the primary

19 purpose of which is to promote the welfare of its members

20 and to provide assistance to the general public in such a

21 way as to confer a public benefit;

22 (28) the defendant committed the offense of assault,

23 aggravated assault, battery, aggravated battery, robbery,

24 armed robbery, or aggravated robbery against a person that

25 the defendant knew or reasonably should have known was a

26 letter carrier or postal worker while that person was

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1 performing his or her duties delivering mail for the

2 United States Postal Service;

3 (29) the defendant committed the offense of criminal

4 sexual assault, aggravated criminal sexual assault,

5 criminal sexual abuse, or aggravated criminal sexual abuse

6 against a victim with an intellectual disability, and the

7 defendant holds a position of trust, authority, or

8 supervision in relation to the victim;

9 (30) the defendant committed the offense of promoting

10 juvenile prostitution, patronizing a prostitute, or

11 patronizing a minor engaged in prostitution and at the

12 time of the commission of the offense knew that the

13 prostitute or minor engaged in prostitution was in the

14 custody or guardianship of the Department of Children and

15 Family Services;

16 (31) the defendant (i) committed the offense of

17 driving while under the influence of alcohol, other drug

18 or drugs, intoxicating compound or compounds or any

19 combination thereof in violation of Section 11-501 of the

20 Illinois Vehicle Code or a similar provision of a local

21 ordinance and (ii) the defendant during the commission of

22 the offense was driving his or her vehicle upon a roadway

23 designated for one-way traffic in the opposite direction

24 of the direction indicated by official traffic control

25 devices;

26 (32) the defendant committed the offense of reckless

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1 homicide while committing a violation of Section 11-907 of

2 the Illinois Vehicle Code;

3 (33) the defendant was found guilty of an

4 administrative infraction related to an act or acts of

5 public indecency or sexual misconduct in the penal

6 institution. In this paragraph (33), "penal institution"

7 has the same meaning as in Section 2-14 of the Criminal

8 Code of 2012; or

9 (34) the defendant committed the offense of leaving

10 the scene of an accident in violation of subsection (b) of

11 Section 11-401 of the Illinois Vehicle Code and the

12 accident resulted in the death of a person and at the time

13 of the offense, the defendant was: (i) driving under the

14 influence of alcohol, other drug or drugs, intoxicating

15 compound or compounds or any combination thereof as

16 defined by Section 11-501 of the Illinois Vehicle Code; or

17 (ii) operating the motor vehicle while using an electronic

18 communication device as defined in Section 12-610.2 of the

19 Illinois Vehicle Code.

20 For the purposes of this Section:

21 "School" is defined as a public or private elementary or

22 secondary school, community college, college, or university.

23 "Day care center" means a public or private State

24 certified and licensed day care center as defined in Section

25 2.09 of the Child Care Act of 1969 that displays a sign in

26 plain view stating that the property is a day care center.

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1 "Intellectual disability" means significantly subaverage

2 intellectual functioning which exists concurrently with

3 impairment in adaptive behavior.

4 "Public transportation" means the transportation or

5 conveyance of persons by means available to the general

6 public, and includes paratransit services.

7 "Traffic control devices" means all signs, signals,

8 markings, and devices that conform to the Illinois Manual on

9 Uniform Traffic Control Devices, placed or erected by

10 authority of a public body or official having jurisdiction,

11 for the purpose of regulating, warning, or guiding traffic.

12 (b) The following factors, related to all felonies, may be

13 considered by the court as reasons to impose an extended term

14 sentence under Section 5-8-2 upon any offender:

15 (1) When a defendant is convicted of any felony, after

16 having been previously convicted in Illinois or any other

17 jurisdiction of the same or similar class felony or

18 greater class felony, when such conviction has occurred

19 within 10 years after the previous conviction, excluding

20 time spent in custody, and such charges are separately

21 brought and tried and arise out of different series of

22 acts; or

23 (2) When a defendant is convicted of any felony and

24 the court finds that the offense was accompanied by

25 exceptionally brutal or heinous behavior indicative of

26 wanton cruelty; or

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1 (3) When a defendant is convicted of any felony

2 committed against:

3 (i) a person under 12 years of age at the time of

4 the offense or such person's property;

5 (ii) a person 60 years of age or older at the time

6 of the offense or such person's property; or

7 (iii) a person who had a physical disability at

8 the time of the offense or such person's property; or

9 (4) When a defendant is convicted of any felony and

10 the offense involved any of the following types of

11 specific misconduct committed as part of a ceremony, rite,

12 initiation, observance, performance, practice or activity

13 of any actual or ostensible religious, fraternal, or

14 social group:

15 (i) the brutalizing or torturing of humans or

16 animals;

17 (ii) the theft of human corpses;

18 (iii) the kidnapping of humans;

19 (iv) the desecration of any cemetery, religious,

20 fraternal, business, governmental, educational, or

21 other building or property; or

22 (v) ritualized abuse of a child; or

23 (5) When a defendant is convicted of a felony other

24 than conspiracy and the court finds that the felony was

25 committed under an agreement with 2 or more other persons

26 to commit that offense and the defendant, with respect to

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1 the other individuals, occupied a position of organizer,

2 supervisor, financier, or any other position of management

3 or leadership, and the court further finds that the felony

4 committed was related to or in furtherance of the criminal

5 activities of an organized gang or was motivated by the

6 defendant's leadership in an organized gang; or

7 (6) When a defendant is convicted of an offense

8 committed while using a firearm with a laser sight

9 attached to it. For purposes of this paragraph, "laser

10 sight" has the meaning ascribed to it in Section 26-7 of

11 the Criminal Code of 2012; or

12 (7) When a defendant who was at least 17 years of age

13 at the time of the commission of the offense is convicted

14 of a felony and has been previously adjudicated a

15 delinquent minor under the Juvenile Court Act of 1987 for

16 an act that if committed by an adult would be a Class X or

17 Class 1 felony when the conviction has occurred within 10

18 years after the previous adjudication, excluding time

19 spent in custody; or

20 (8) When a defendant commits any felony and the

21 defendant used, possessed, exercised control over, or

22 otherwise directed an animal to assault a law enforcement

23 officer engaged in the execution of his or her official

24 duties or in furtherance of the criminal activities of an

25 organized gang in which the defendant is engaged; or

26 (9) When a defendant commits any felony and the

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1 defendant knowingly video or audio records the offense

2 with the intent to disseminate the recording.

3 (c) The following factors may be considered by the court

4 as reasons to impose an extended term sentence under Section

5 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed

6 offenses:

7 (1) When a defendant is convicted of first degree

8 murder, after having been previously convicted in Illinois

9 of any offense listed under paragraph (c)(2) of Section

10 5-5-3 (730 ILCS 5/5-5-3), when that conviction has

11 occurred within 10 years after the previous conviction,

12 excluding time spent in custody, and the charges are

13 separately brought and tried and arise out of different

14 series of acts.

15 (1.5) When a defendant is convicted of first degree

16 murder, after having been previously convicted of domestic

17 battery (720 ILCS 5/12-3.2) or aggravated domestic battery

18 (720 ILCS 5/12-3.3) committed on the same victim or after

19 having been previously convicted of violation of an order

20 of protection (720 ILCS 5/12-30) in which the same victim

21 was the protected person.

22 (2) When a defendant is convicted of voluntary

23 manslaughter, second degree murder, involuntary

24 manslaughter, or reckless homicide in which the defendant

25 has been convicted of causing the death of more than one

26 individual.

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1 (3) When a defendant is convicted of aggravated

2 criminal sexual assault or criminal sexual assault, when

3 there is a finding that aggravated criminal sexual assault

4 or criminal sexual assault was also committed on the same

5 victim by one or more other individuals, and the defendant

6 voluntarily participated in the crime with the knowledge

7 of the participation of the others in the crime, and the

8 commission of the crime was part of a single course of

9 conduct during which there was no substantial change in

10 the nature of the criminal objective.

11 (4) If the victim was under 18 years of age at the time

12 of the commission of the offense, when a defendant is

13 convicted of aggravated criminal sexual assault or

14 predatory criminal sexual assault of a child under

15 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

16 of Section 12-14.1 of the Criminal Code of 1961 or the

17 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).

18 (5) When a defendant is convicted of a felony

19 violation of Section 24-1 of the Criminal Code of 1961 or

20 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a

21 finding that the defendant is a member of an organized

22 gang.

23 (6) When a defendant was convicted of unlawful use of

24 weapons under Section 24-1 of the Criminal Code of 1961 or

25 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing

26 a weapon that is not readily distinguishable as one of the

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1 weapons enumerated in Section 24-1 of the Criminal Code of

2 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).

3 (7) When a defendant is convicted of an offense

4 involving the illegal manufacture of a controlled

5 substance under Section 401 of the Illinois Controlled

6 Substances Act (720 ILCS 570/401), the illegal manufacture

7 of methamphetamine under Section 25 of the Methamphetamine

8 Control and Community Protection Act (720 ILCS 646/25), or

9 the illegal possession of explosives and an emergency

10 response officer in the performance of his or her duties

11 is killed or injured at the scene of the offense while

12 responding to the emergency caused by the commission of

13 the offense. In this paragraph, "emergency" means a

14 situation in which a person's life, health, or safety is

15 in jeopardy; and "emergency response officer" means a

16 peace officer, community policing volunteer, fireman,

17 emergency medical technician-ambulance, emergency medical

18 technician-intermediate, emergency medical

19 technician-paramedic, ambulance driver, other medical

20 assistance or first aid personnel, or hospital emergency

21 room personnel.

22 (8) When the defendant is convicted of attempted mob

23 action, solicitation to commit mob action, or conspiracy

24 to commit mob action under Section 8-1, 8-2, or 8-4 of the

25 Criminal Code of 2012, where the criminal object is a

26 violation of Section 25-1 of the Criminal Code of 2012,

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1 and an electronic communication is used in the commission

2 of the offense. For the purposes of this paragraph (8),

3 "electronic communication" shall have the meaning provided

4 in Section 26.5-0.1 of the Criminal Code of 2012.

5 (d) For the purposes of this Section, "organized gang" has

6 the meaning ascribed to it in Section 10 of the Illinois

7 Streetgang Terrorism Omnibus Prevention Act.

8 (e) The court may impose an extended term sentence under

9 Article 4.5 of Chapter V upon an offender who has been

10 convicted of a felony violation of Section 11-1.20, 11-1.30,

11 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

12 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

13 when the victim of the offense is under 18 years of age at the

14 time of the commission of the offense and, during the

15 commission of the offense, the victim was under the influence

16 of alcohol, regardless of whether or not the alcohol was

17 supplied by the offender; and the offender, at the time of the

18 commission of the offense, knew or should have known that the

19 victim had consumed alcohol.

20 (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;

21 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff.

22 1-1-23; 102-558, eff. 8-20-21.)

23 (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)

24 Sec. 5-6-4. Violation, Modification or Revocation of

25 Probation, of Conditional Discharge or Supervision or of a

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1 sentence of county impact incarceration - Hearing.

2 (a) Except in cases where conditional discharge or

3 supervision was imposed for a petty offense as defined in

4 Section 5-1-17, when a petition is filed charging a violation

5 of a condition, the court may:

6 (1) in the case of probation violations, order the

7 issuance of a notice to the offender to be present by the

8 County Probation Department or such other agency

9 designated by the court to handle probation matters; and

10 in the case of conditional discharge or supervision

11 violations, such notice to the offender shall be issued by

12 the Circuit Court Clerk; and in the case of a violation of

13 a sentence of county impact incarceration, such notice

14 shall be issued by the Sheriff;

15 (2) order a summons to the offender to be present for

16 hearing; or

17 (3) order a warrant for the offender's arrest where

18 there is danger of his fleeing the jurisdiction or causing

19 serious harm to others or when the offender fails to

20 answer a summons or notice from the clerk of the court or

21 Sheriff.

22 Personal service of the petition for violation of

23 probation or the issuance of such warrant, summons or notice

24 shall toll the period of probation, conditional discharge,

25 supervision, or sentence of county impact incarceration until

26 the final determination of the charge, and the term of

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1 probation, conditional discharge, supervision, or sentence of

2 county impact incarceration shall not run until the hearing

3 and disposition of the petition for violation.

4 (b) The court shall conduct a hearing of the alleged

5 violation. The court shall admit the offender to~~pretrial~~

6 ~~release~~ bailpending the hearing unless the alleged violation

7 is itself a criminal offense in which case the offender shall

8 be admitted to ~~pretrial release~~ bail on such terms as are

9 provided in the Code of Criminal Procedure of 1963, as

10 amended. In any case where an offender remains incarcerated

11 only as a result of his alleged violation of the court's

12 earlier order of probation, supervision, conditional

13 discharge, or county impact incarceration such hearing shall

14 be held within 14 days of the onset of said incarceration,

15 unless the alleged violation is the commission of another

16 offense by the offender during the period of probation,

17 supervision or conditional discharge in which case such

18 hearing shall be held within the time limits described in

19 Section 103-5 of the Code of Criminal Procedure of 1963, as

20 amended.

21 (c) The State has the burden of going forward with the

22 evidence and proving the violation by the preponderance of the

23 evidence. The evidence shall be presented in open court with

24 the right of confrontation, cross-examination, and

25 representation by counsel.

26 (d) Probation, conditional discharge, periodic

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1 imprisonment and supervision shall not be revoked for failure

2 to comply with conditions of a sentence or supervision, which

3 imposes financial obligations upon the offender unless such

4 failure is due to his willful refusal to pay.

5 (e) If the court finds that the offender has violated a

6 condition at any time prior to the expiration or termination

7 of the period, it may continue him on the existing sentence,

8 with or without modifying or enlarging the conditions, or may

9 impose any other sentence that was available under Article 4.5

10 of Chapter V of this Code or Section 11-501 of the Illinois

11 Vehicle Code at the time of initial sentencing. If the court

12 finds that the person has failed to successfully complete his

13 or her sentence to a county impact incarceration program, the

14 court may impose any other sentence that was available under

15 Article 4.5 of Chapter V of this Code or Section 11-501 of the

16 Illinois Vehicle Code at the time of initial sentencing,

17 except for a sentence of probation or conditional discharge.

18 If the court finds that the offender has violated paragraph

19 (8.6) of subsection (a) of Section 5-6-3, the court shall

20 revoke the probation of the offender. If the court finds that

21 the offender has violated subsection (o) of Section 5-6-3.1,

22 the court shall revoke the supervision of the offender.

23 (f) The conditions of probation, of conditional discharge,

24 of supervision, or of a sentence of county impact

25 incarceration may be modified by the court on motion of the

26 supervising agency or on its own motion or at the request of

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1 the offender after notice and a hearing.

2 (g) A judgment revoking supervision, probation,

3 conditional discharge, or a sentence of county impact

4 incarceration is a final appealable order.

5 (h) Resentencing after revocation of probation,

6 conditional discharge, supervision, or a sentence of county

7 impact incarceration shall be under Article 4. The term on

8 probation, conditional discharge or supervision shall not be

9 credited by the court against a sentence of imprisonment or

10 periodic imprisonment unless the court orders otherwise. The

11 amount of credit to be applied against a sentence of

12 imprisonment or periodic imprisonment when the defendant

13 served a term or partial term of periodic imprisonment shall

14 be calculated upon the basis of the actual days spent in

15 confinement rather than the duration of the term.

16 (i) Instead of filing a violation of probation,

17 conditional discharge, supervision, or a sentence of county

18 impact incarceration, an agent or employee of the supervising

19 agency with the concurrence of his or her supervisor may serve

20 on the defendant a Notice of Intermediate Sanctions. The

21 Notice shall contain the technical violation or violations

22 involved, the date or dates of the violation or violations,

23 and the intermediate sanctions to be imposed. Upon receipt of

24 the Notice, the defendant shall immediately accept or reject

25 the intermediate sanctions. If the sanctions are accepted,

26 they shall be imposed immediately. If the intermediate

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1 sanctions are rejected or the defendant does not respond to

2 the Notice, a violation of probation, conditional discharge,

3 supervision, or a sentence of county impact incarceration

4 shall be immediately filed with the court. The State's

5 Attorney and the sentencing court shall be notified of the

6 Notice of Sanctions. Upon successful completion of the

7 intermediate sanctions, a court may not revoke probation,

8 conditional discharge, supervision, or a sentence of county

9 impact incarceration or impose additional sanctions for the

10 same violation. A notice of intermediate sanctions may not be

11 issued for any violation of probation, conditional discharge,

12 supervision, or a sentence of county impact incarceration

13 which could warrant an additional, separate felony charge. The

14 intermediate sanctions shall include a term of home detention

15 as provided in Article 8A of Chapter V of this Code for

16 multiple or repeat violations of the terms and conditions of a

17 sentence of probation, conditional discharge, or supervision.

18 (j) When an offender is re-sentenced after revocation of

19 probation that was imposed in combination with a sentence of

20 imprisonment for the same offense, the aggregate of the

21 sentences may not exceed the maximum term authorized under

22 Article 4.5 of Chapter V.

23 (k)(1) On and after the effective date of this amendatory

24 Act of the 101st General Assembly, this subsection (k) shall

25 apply to arrest warrants in Cook County only. An arrest

26 warrant issued under paragraph (3) of subsection (a) when the

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1 underlying conviction is for the offense of theft, retail

2 theft, or possession of a controlled substance shall remain

3 active for a period not to exceed 10 years from the date the

4 warrant was issued unless a motion to extend the warrant is

5 filed by the office of the State's Attorney or by, or on behalf

6 of, the agency supervising the wanted person. A motion to

7 extend the warrant shall be filed within one year before the

8 warrant expiration date and notice shall be provided to the

9 office of the sheriff.

10 (2) If a motion to extend a warrant issued under paragraph

11 (3) of subsection (a) is not filed, the warrant shall be

12 quashed and recalled as a matter of law under paragraph (1) of

13 this subsection (k) and the wanted person's period of

14 probation, conditional discharge, or supervision shall

15 terminate unsatisfactorily as a matter of law.

16 (Source: P.A. 101-406, eff. 1-1-20; 101-652.)

17 (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1)

18 Sec. 5-6-4.1. Violation, Modification or Revocation of

19 Conditional Discharge or Supervision - Hearing.)

20 (a) In cases where a defendant was placed upon supervision

21 or conditional discharge for the commission of a petty

22 offense, upon the oral or written motion of the State, or on

23 the court's own motion, which charges that a violation of a

24 condition of that conditional discharge or supervision has

25 occurred, the court may:

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1 (1) Conduct a hearing instanter if the offender is

2 present in court;

3 (2) Order the issuance by the court clerk of a notice

4 to the offender to be present for a hearing for violation;

5 (3) Order summons to the offender to be present; or

6 (4) Order a warrant for the offender's arrest.

7 The oral motion, if the defendant is present, or the

8 issuance of such warrant, summons or notice shall toll the

9 period of conditional discharge or supervision until the final

10 determination of the charge, and the term of conditional

11 discharge or supervision shall not run until the hearing and

12 disposition of the petition for violation.

13 (b) The Court shall admit the offender to ~~pretrial release~~

14 bailpending the hearing.

15 (c) The State has the burden of going forward with the

16 evidence and proving the violation by the preponderance of the

17 evidence. The evidence shall be presented in open court with

18 the right of confrontation, cross-examination, and

19 representation by counsel.

20 (d) Conditional discharge or supervision shall not be

21 revoked for failure to comply with the conditions of the

22 discharge or supervision which imposed financial obligations

23 upon the offender unless such failure is due to his wilful

24 refusal to pay.

25 (e) If the court finds that the offender has violated a

26 condition at any time prior to the expiration or termination

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1 of the period, it may continue him on the existing sentence or

2 supervision with or without modifying or enlarging the

3 conditions, or may impose any other sentence that was

4 available under Article 4.5 of Chapter V of this Code or

5 Section 11-501 of the Illinois Vehicle Code at the time of

6 initial sentencing.

7 (f) The conditions of conditional discharge and of

8 supervision may be modified by the court on motion of the

9 probation officer or on its own motion or at the request of the

10 offender after notice to the defendant and a hearing.

11 (g) A judgment revoking supervision is a final appealable

12 order.

13 (h) Resentencing after revocation of conditional discharge

14 or of supervision shall be under Article 4. Time served on

15 conditional discharge or supervision shall be credited by the

16 court against a sentence of imprisonment or periodic

17 imprisonment unless the court orders otherwise.

18 (Source: P.A. 95-1052, eff. 7-1-09; 101-652.)

19 (730 ILCS 5/5-8A-7)

20 Sec. 5-8A-7. Domestic violence surveillance program. If

21 the Prisoner Review Board, Department of Corrections,

22 Department of Juvenile Justice, or court (the supervising

23 authority) orders electronic surveillance as a condition of

24 parole, aftercare release, mandatory supervised release, early

25 release, probation, or conditional discharge for a violation

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1 of an order of protection or as a condition of ~~pretrial release~~

2 bail for a person charged with a violation of an order of

3 protection, the supervising authority shall use the best

4 available global positioning technology to track domestic

5 violence offenders. Best available technology must have

6 real-time and interactive capabilities that facilitate the

7 following objectives: (1) immediate notification to the

8 supervising authority of a breach of a court ordered exclusion

9 zone; (2) notification of the breach to the offender; and (3)

10 communication between the supervising authority, law

11 enforcement, and the victim, regarding the breach. The

12 supervising authority may also require that the electronic

13 surveillance ordered under this Section monitor the

14 consumption of alcohol or drugs.

15 (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;

16 100-201, eff. 8-18-17; 101-652.)

17 (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)

18 Sec. 8-2-1. Saving Clause.

19 The repeal of Acts or parts of Acts enumerated in Section

20 8-5-1 does not: (1) affect any offense committed, act done,

21 prosecution pending, penalty, punishment or forfeiture

22 incurred, or rights, powers or remedies accrued under any law

23 in effect immediately prior to the effective date of this

24 Code; (2) impair, avoid, or affect any grant or conveyance

25 made or right acquired or cause of action then existing under

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1 any such repealed Act or amendment thereto; (3) affect or

2 impair the validity of any ~~pretrial release~~ bail or other bond

3 or other obligation issued or sold and constituting a valid

4 obligation of the issuing authority immediately prior to the

5 effective date of this Code; (4) the validity of any contract;

6 or (5) the validity of any tax levied under any law in effect

7 prior to the effective date of this Code. The repeal of any

8 validating Act or part thereof shall not avoid the effect of

9 the validation. No Act repealed by Section 8-5-1 shall repeal

10 any Act or part thereof which embraces the same or a similar

11 subject matter as the Act repealed.

12 (Source: P.A. 78-255; 101-652.)

13 Section 260. The Unified Code of Corrections is amended by

14 changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,

15 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:

16 (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)

17 Sec. 3-6-3. Rules and regulations for sentence credit.

18 (a)(1) The Department of Corrections shall prescribe rules

19 and regulations for awarding and revoking sentence credit for

20 persons committed to the Department which shall be subject to

21 review by the Prisoner Review Board.

22 (1.5) As otherwise provided by law, sentence credit may be

23 awarded for the following:

24 (A) successful completion of programming while in

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1 custody of the Department or while in custody prior to

2 sentencing;

3 (B) compliance with the rules and regulations of the

4 Department; or

5 (C) service to the institution, service to a

6 community, or service to the State.

7 (2) Except as provided in paragraph (4.7) of this

8 subsection (a), the rules and regulations on sentence credit

9 shall provide, with respect to offenses listed in clause (i),

10 (ii), or (iii) of this paragraph (2) committed on or after June

11 19, 1998 or with respect to the offense listed in clause (iv)

12 of this paragraph (2) committed on or after June 23, 2005 (the

13 effective date of Public Act 94-71) or with respect to offense

14 listed in clause (vi) committed on or after June 1, 2008 (the

15 effective date of Public Act 95-625) or with respect to the

16 offense of being an armed habitual criminal committed on or

17 after August 2, 2005 (the effective date of Public Act 94-398)

18 or with respect to the offenses listed in clause (v) of this

19 paragraph (2) committed on or after August 13, 2007 (the

20 effective date of Public Act 95-134) or with respect to the

21 offense of aggravated domestic battery committed on or after

22 July 23, 2010 (the effective date of Public Act 96-1224) or

23 with respect to the offense of attempt to commit terrorism

24 committed on or after January 1, 2013 (the effective date of

25 Public Act 97-990), the following:

26 (i) that a prisoner who is serving a term of

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1 imprisonment for first degree murder or for the offense of

2 terrorism shall receive no sentence credit and shall serve

3 the entire sentence imposed by the court;

4 (ii) that a prisoner serving a sentence for attempt to

5 commit terrorism, attempt to commit first degree murder,

6 solicitation of murder, solicitation of murder for hire,

7 intentional homicide of an unborn child, predatory

8 criminal sexual assault of a child, aggravated criminal

9 sexual assault, criminal sexual assault, aggravated

10 kidnapping, aggravated battery with a firearm as described

11 in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),

12 or (e)(4) of Section 12-3.05, heinous battery as described

13 in Section 12-4.1 or subdivision (a)(2) of Section

14 12-3.05, being an armed habitual criminal, aggravated

15 battery of a senior citizen as described in Section 12-4.6

16 or subdivision (a)(4) of Section 12-3.05, or aggravated

17 battery of a child as described in Section 12-4.3 or

18 subdivision (b)(1) of Section 12-3.05 shall receive no

19 more than 4.5 days of sentence credit for each month of his

20 or her sentence of imprisonment;

21 (iii) that a prisoner serving a sentence for home

22 invasion, armed robbery, aggravated vehicular hijacking,

23 aggravated discharge of a firearm, or armed violence with

24 a category I weapon or category II weapon, when the court

25 has made and entered a finding, pursuant to subsection

26 (c-1) of Section 5-4-1 of this Code, that the conduct

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1 leading to conviction for the enumerated offense resulted

2 in great bodily harm to a victim, shall receive no more

3 than 4.5 days of sentence credit for each month of his or

4 her sentence of imprisonment;

5 (iv) that a prisoner serving a sentence for aggravated

6 discharge of a firearm, whether or not the conduct leading

7 to conviction for the offense resulted in great bodily

8 harm to the victim, shall receive no more than 4.5 days of

9 sentence credit for each month of his or her sentence of

10 imprisonment;

11 (v) that a person serving a sentence for gunrunning,

12 narcotics racketeering, controlled substance trafficking,

13 methamphetamine trafficking, drug-induced homicide,

14 aggravated methamphetamine-related child endangerment,

15 money laundering pursuant to clause (c) (4) or (5) of

16 Section 29B-1 of the Criminal Code of 1961 or the Criminal

17 Code of 2012, or a Class X felony conviction for delivery

18 of a controlled substance, possession of a controlled

19 substance with intent to manufacture or deliver,

20 calculated criminal drug conspiracy, criminal drug

21 conspiracy, street gang criminal drug conspiracy,

22 participation in methamphetamine manufacturing,

23 aggravated participation in methamphetamine

24 manufacturing, delivery of methamphetamine, possession

25 with intent to deliver methamphetamine, aggravated

26 delivery of methamphetamine, aggravated possession with

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1 intent to deliver methamphetamine, methamphetamine

2 conspiracy when the substance containing the controlled

3 substance or methamphetamine is 100 grams or more shall

4 receive no more than 7.5 days sentence credit for each

5 month of his or her sentence of imprisonment;

6 (vi) that a prisoner serving a sentence for a second

7 or subsequent offense of luring a minor shall receive no

8 more than 4.5 days of sentence credit for each month of his

9 or her sentence of imprisonment; and

10 (vii) that a prisoner serving a sentence for

11 aggravated domestic battery shall receive no more than 4.5

12 days of sentence credit for each month of his or her

13 sentence of imprisonment.

14 (2.1) For all offenses, other than those enumerated in

15 subdivision (a)(2)(i), (ii), or (iii) committed on or after

16 June 19, 1998 or subdivision (a)(2)(iv) committed on or after

17 June 23, 2005 (the effective date of Public Act 94-71) or

18 subdivision (a)(2)(v) committed on or after August 13, 2007

19 (the effective date of Public Act 95-134) or subdivision

20 (a)(2)(vi) committed on or after June 1, 2008 (the effective

21 date of Public Act 95-625) or subdivision (a)(2)(vii)

22 committed on or after July 23, 2010 (the effective date of

23 Public Act 96-1224), and other than the offense of aggravated

24 driving under the influence of alcohol, other drug or drugs,

25 or intoxicating compound or compounds, or any combination

26 thereof as defined in subparagraph (F) of paragraph (1) of

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1 subsection (d) of Section 11-501 of the Illinois Vehicle Code,

2 and other than the offense of aggravated driving under the

3 influence of alcohol, other drug or drugs, or intoxicating

4 compound or compounds, or any combination thereof as defined

5 in subparagraph (C) of paragraph (1) of subsection (d) of

6 Section 11-501 of the Illinois Vehicle Code committed on or

7 after January 1, 2011 (the effective date of Public Act

8 96-1230), the rules and regulations shall provide that a

9 prisoner who is serving a term of imprisonment shall receive

10 one day of sentence credit for each day of his or her sentence

11 of imprisonment or recommitment under Section 3-3-9. Each day

12 of sentence credit shall reduce by one day the prisoner's

13 period of imprisonment or recommitment under Section 3-3-9.

14 (2.2) A prisoner serving a term of natural life

15 imprisonment or a prisoner who has been sentenced to death

16 shall receive no sentence credit.

17 (2.3) Except as provided in paragraph (4.7) of this

18 subsection (a), the rules and regulations on sentence credit

19 shall provide that a prisoner who is serving a sentence for

20 aggravated driving under the influence of alcohol, other drug

21 or drugs, or intoxicating compound or compounds, or any

22 combination thereof as defined in subparagraph (F) of

23 paragraph (1) of subsection (d) of Section 11-501 of the

24 Illinois Vehicle Code, shall receive no more than 4.5 days of

25 sentence credit for each month of his or her sentence of

26 imprisonment.

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1 (2.4) Except as provided in paragraph (4.7) of this

2 subsection (a), the rules and regulations on sentence credit

3 shall provide with respect to the offenses of aggravated

4 battery with a machine gun or a firearm equipped with any

5 device or attachment designed or used for silencing the report

6 of a firearm or aggravated discharge of a machine gun or a

7 firearm equipped with any device or attachment designed or

8 used for silencing the report of a firearm, committed on or

9 after July 15, 1999 (the effective date of Public Act 91-121),

10 that a prisoner serving a sentence for any of these offenses

11 shall receive no more than 4.5 days of sentence credit for each

12 month of his or her sentence of imprisonment.

13 (2.5) Except as provided in paragraph (4.7) of this

14 subsection (a), the rules and regulations on sentence credit

15 shall provide that a prisoner who is serving a sentence for

16 aggravated arson committed on or after July 27, 2001 (the

17 effective date of Public Act 92-176) shall receive no more

18 than 4.5 days of sentence credit for each month of his or her

19 sentence of imprisonment.

20 (2.6) 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 driving under the influence of alcohol, other drug

24 or drugs, or intoxicating compound or compounds or any

25 combination thereof as defined in subparagraph (C) of

26 paragraph (1) of subsection (d) of Section 11-501 of the

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1 Illinois Vehicle Code committed on or after January 1, 2011

2 (the effective date of Public Act 96-1230) shall receive no

3 more than 4.5 days of sentence credit for each month of his or

4 her sentence of imprisonment.

5 (3) In addition to the sentence credits earned under

6 paragraphs (2.1), (4), (4.1), ~~(4.2),~~ and (4.7) of this

7 subsection (a), the rules and regulations shall also provide

8 that the Director may award up to 180 days of earned sentence

9 credit ~~for prisoners serving a sentence of incarceration of~~

10 ~~less than 5 years, and up to 365 days of earned sentence credit~~

11 ~~for prisoners serving a sentence of 5 years or longer. The~~

12 ~~Director may grant this credit~~ for good conduct in specific

13 instances as the Director deems proper. The good conduct may

14 include, but is not limited to, compliance with the rules and

15 regulations of the Department, service to the Department,

16 service to a community, or service to the State.

17 Eligible inmates for an award of earned sentence credit

18 under this paragraph (3) may be selected to receive the credit

19 at the Director's or his or her designee's sole discretion.

20 Eligibility for the additional earned sentence credit under

21 this paragraph (3) ~~may~~ shall be based on, but is not limited

22 to, ~~participation in programming offered by the Department as~~

23 ~~appropriate for the prisoner based on~~ the results of any

24 available risk/needs assessment or other relevant assessments

25 or evaluations administered by the Department using a

26 validated instrument, the circumstances of the crime,

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1 ~~demonstrated commitment to rehabilitation by a~~ any prisoner

2 with a history of conviction for a forcible felony enumerated

3 in Section 2-8 of the Criminal Code of 2012, the inmate's

4 behavior and ~~improvements in~~ disciplinary history while

5 incarcerated, and the inmate's commitment to rehabilitation,

6 including participation in programming offered by the

7 Department.

8 The Director shall not award sentence credit under this

9 paragraph (3) to an inmate unless the inmate has served a

10 minimum of 60 days of the sentence; except nothing in this

11 paragraph shall be construed to permit the Director to extend

12 an inmate's sentence beyond that which was imposed by the

13 court. Prior to awarding credit under this paragraph (3), the

14 Director shall make a written determination that the inmate:

15 (A) is eligible for the earned sentence credit;

16 (B) has served a minimum of 60 days, or as close to 60

17 days as the sentence will allow;

18 (B-1) has received a risk/needs assessment or other

19 relevant evaluation or assessment administered by the

20 Department using a validated instrument; and

21 (C) has met the eligibility criteria established by

22 rule for earned sentence credit.

23 The Director shall determine the form and content of the

24 written determination required in this subsection.

25 (3.5) The Department shall provide annual written reports

26 to the Governor and the General Assembly on the award of earned

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1 sentence credit no later than February 1 of each year. The

2 Department must publish both reports on its website within 48

3 hours of transmitting the reports to the Governor and the

4 General Assembly. The reports must include:

5 (A) the number of inmates awarded earned sentence

6 credit;

7 (B) the average amount of earned sentence credit

8 awarded;

9 (C) the holding offenses of inmates awarded earned

10 sentence credit; and

11 (D) the number of earned sentence credit revocations.

12 (4)(A) Except as provided in paragraph (4.7) of this

13 subsection (a), the rules and regulations shall also provide

14 that ~~any prisoner who~~ the sentence credit accumulated and

15 retained under paragraph (2.1) of subsection (a) of this

16 Section by any inmate during specific periods of time in which

17 such inmate is engaged full-time in substance abuse programs,

18 correctional industry assignments, educational programs,

19 ~~work-release programs or activities in accordance with Article~~

20 ~~13 of Chapter III of this Code,~~ behavior modification

21 programs, life skills courses, or re-entry planning provided

22 by the Department under this paragraph (4) and satisfactorily

23 completes the assigned program as determined by the standards

24 of the Department, shall receive ~~one day of sentence credit~~

25 ~~for each day in which that prisoner is engaged in the~~

26 ~~activities described in this paragraph~~ be multiplied by a

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1 factor of 1.25 for program participation before August 11,

2 1993 and 1.50 for program participation on or after that date.

3 The rules and regulations shall also provide that sentence

4 credit, subject to the same offense limits and multiplier

5 provided in this paragraph, may be provided to an inmate who

6 was held in pre-trial detention prior to his or her current

7 commitment to the Department of Corrections and successfully

8 completed a full-time, 60-day or longer substance abuse

9 program, educational program, behavior modification program,

10 life skills course, or re-entry planning provided by the

11 county department of corrections or county jail. Calculation

12 of this county program credit shall be done at sentencing as

13 provided in Section 5-4.5-100 of this Code and shall be

14 included in the sentencing order. ~~The rules and regulations~~

15 ~~shall also provide that sentence credit may be provided to an~~

16 ~~inmate who is in compliance with programming requirements in~~

17 ~~an adult transition center~~. However, no inmate shall be

18 eligible for the additional sentence credit under this

19 paragraph (4) or (4.1) of this subsection (a) while assigned

20 to a boot camp or electronic detention.

21 (B) The Department shall award sentence credit under this

22 paragraph (4) accumulated prior to ~~January 1, 2020 (~~the

23 effective date of ~~Public Act 101-440)~~ this amendatory Act of

24 the 101st General Assembly in an amount specified in

25 subparagraph (C) of this paragraph (4) to an inmate serving a

26 sentence for an offense committed prior to June 19, 1998, if

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1 the Department determines that the inmate is entitled to this

2 sentence credit, based upon:

3 (i) documentation provided by the Department that the

4 inmate engaged in any full-time substance abuse programs,

5 correctional industry assignments, educational programs,

6 behavior modification programs, life skills courses, or

7 re-entry planning provided by the Department under this

8 paragraph (4) and satisfactorily completed the assigned

9 program as determined by the standards of the Department

10 during the inmate's current term of incarceration; or

11 (ii) the inmate's own testimony in the form of an

12 affidavit or documentation, or a third party's

13 documentation or testimony in the form of an affidavit

14 that the inmate likely engaged in any full-time substance

15 abuse programs, correctional industry assignments,

16 educational programs, behavior modification programs, life

17 skills courses, or re-entry planning provided by the

18 Department under paragraph (4) and satisfactorily

19 completed the assigned program as determined by the

20 standards of the Department during the inmate's current

21 term of incarceration.

22 (C) If the inmate can provide documentation that he or she

23 is entitled to sentence credit under subparagraph (B) in

24 excess of 45 days of participation in those programs, the

25 inmate shall receive 90 days of sentence credit. If the inmate

26 cannot provide documentation of more than 45 days of

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1 participation in those programs, the inmate shall receive 45

2 days of sentence credit. In the event of a disagreement

3 between the Department and the inmate as to the amount of

4 credit accumulated under subparagraph (B), if the Department

5 provides documented proof of a lesser amount of days of

6 participation in those programs, that proof shall control. If

7 the Department provides no documentary proof, the inmate's

8 proof as set forth in clause (ii) of subparagraph (B) shall

9 control as to the amount of sentence credit provided.

10 (D) If the inmate has been convicted of a sex offense as

11 defined in Section 2 of the Sex Offender Registration Act,

12 sentencing credits under subparagraph (B) of this paragraph

13 (4) shall be awarded by the Department only if the conditions

14 set forth in paragraph (4.6) of subsection (a) are satisfied.

15 No inmate serving a term of natural life imprisonment shall

16 receive sentence credit under subparagraph (B) of this

17 paragraph (4).

18 Educational, vocational, substance abuse, behavior

19 modification programs, life skills courses, re-entry planning,

20 and correctional industry programs under which sentence credit

21 may be earned under this paragraph (4) and paragraph (4.1) of

22 this subsection (a) shall be evaluated by the Department on

23 the basis of documented standards. The Department shall report

24 the results of these evaluations to the Governor and the

25 General Assembly by September 30th of each year. The reports

26 shall include data relating to the recidivism rate among

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1 program participants.

2 Availability of these programs shall be subject to the

3 limits of fiscal resources appropriated by the General

4 Assembly for these purposes. Eligible inmates who are denied

5 immediate admission shall be placed on a waiting list under

6 criteria established by the Department. ~~The rules and~~

7 ~~regulations shall provide that a prisoner who has been placed~~

8 ~~on a waiting list but is transferred for non-disciplinary~~

9 ~~reasons before beginning a program shall receive priority~~

10 ~~placement on the waitlist for appropriate programs at the new~~

11 ~~facility.~~The inability of any inmate to become engaged in any

12 such programs by reason of insufficient program resources or

13 for any other reason established under the rules and

14 regulations of the Department shall not be deemed a cause of

15 action under which the Department or any employee or agent of

16 the Department shall be liable for damages to the inmate. ~~The~~

17 ~~rules and regulations shall provide that a prisoner who begins~~

18 ~~an educational, vocational, substance abuse, work-release~~

19 ~~programs or activities in accordance with Article 13 of~~

20 ~~Chapter III of this Code, behavior modification program, life~~

21 ~~skills course, re-entry planning, or correctional industry~~

22 ~~programs but is unable to complete the program due to illness,~~

23 ~~disability, transfer, lockdown, or another reason outside of~~

24 ~~the prisoner's control shall receive prorated sentence credits~~

25 ~~for the days in which the prisoner did participate.~~

26 (4.1) Except as provided in paragraph (4.7) of this

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1 subsection (a), the rules and regulations shall also provide

2 that an additional 90 days of sentence credit shall be awarded

3 to any prisoner who passes high school equivalency testing

4 while the prisoner is committed to the Department of

5 Corrections. The sentence credit awarded under this paragraph

6 (4.1) shall be in addition to, and shall not affect, the award

7 of sentence credit under any other paragraph of this Section,

8 but shall also be pursuant to the guidelines and restrictions

9 set forth in paragraph (4) of subsection (a) of this Section.

10 The sentence credit provided for in this paragraph shall be

11 available only to those prisoners who have not previously

12 earned a high school diploma or a high school equivalency

13 certificate. If, after an award of the high school equivalency

14 testing sentence credit has been made, the Department

15 determines that the prisoner was not eligible, then the award

16 shall be revoked. The Department may also award 90 days of

17 sentence credit to any committed person who passed high school

18 equivalency testing while he or she was held in pre-trial

19 detention prior to the current commitment to the Department of

20 Corrections. ~~Except as provided in paragraph (4.7) of this~~

21 ~~subsection (a), the rules and regulations shall provide that~~

22 ~~an additional 120 days of sentence credit shall be awarded to~~

23 ~~any prisoner who obtains an associate degree while the~~

24 ~~prisoner is committed to the Department of Corrections,~~

25 ~~regardless of the date that the associate degree was obtained,~~

26 ~~including if prior to July 1, 2021 (the effective date of~~

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1 ~~Public Act 101-652). The sentence credit awarded under this~~

2 ~~paragraph (4.1) shall be in addition to, and shall not affect,~~

3 ~~the award of sentence credit under any other paragraph of this~~

4 ~~Section, but shall also be under the guidelines and~~

5 ~~restrictions set forth in paragraph (4) of subsection (a) of~~

6 ~~this Section. The sentence credit provided for in this~~

7 ~~paragraph (4.1) shall be available only to those prisoners who~~

8 ~~have not previously earned an associate degree prior to the~~

9 ~~current commitment to the Department of Corrections. If, after~~

10 ~~an award of the associate degree sentence credit has been made~~

11 ~~and the Department determines that the prisoner was not~~

12 ~~eligible, then the award shall be revoked. The Department may~~

13 ~~also award 120 days of sentence credit to any committed person~~

14 ~~who earned an associate degree while he or she was held in~~

15 ~~pre-trial detention prior to the current commitment to the~~

16 ~~Department of Corrections.~~

17 Except as provided in paragraph (4.7) of this subsection

18 (a), the rules and regulations shall provide that an

19 additional 180 days of sentence credit shall be awarded to any

20 prisoner who obtains a bachelor's degree while the prisoner is

21 committed to the Department of Corrections. The sentence

22 credit awarded under this paragraph (4.1) shall be in addition

23 to, and shall not affect, the award of sentence credit under

24 any other paragraph of this Section, but shall also be under

25 the guidelines and restrictions set forth in paragraph (4) of

26 this subsection (a). The sentence credit provided for in this

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1 paragraph shall be available only to those prisoners who have

2 not earned a bachelor's degree prior to the current commitment

3 to the Department of Corrections. If, after an award of the

4 bachelor's degree sentence credit has been made, the

5 Department determines that the prisoner was not eligible, then

6 the award shall be revoked. The Department may also award 180

7 days of sentence credit to any committed person who earned a

8 bachelor's degree while he or she was held in pre-trial

9 detention prior to the current commitment to the Department of

10 Corrections.

11 Except as provided in paragraph (4.7) of this subsection

12 (a), the rules and regulations shall provide that an

13 additional 180 days of sentence credit shall be awarded to any

14 prisoner who obtains a master's or professional degree while

15 the prisoner is committed to the Department of Corrections.

16 The sentence credit awarded under this paragraph (4.1) shall

17 be in addition to, and shall not affect, the award of sentence

18 credit under any other paragraph of this Section, but shall

19 also be under the guidelines and restrictions set forth in

20 paragraph (4) of this subsection (a). The sentence credit

21 provided for in this paragraph shall be available only to

22 those prisoners who have not previously earned a master's or

23 professional degree prior to the current commitment to the

24 Department of Corrections. If, after an award of the master's

25 or professional degree sentence credit has been made, the

26 Department determines that the prisoner was not eligible, then

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1 the award shall be revoked. The Department may also award 180

2 days of sentence credit to any committed person who earned a

3 master's or professional degree while he or she was held in

4 pre-trial detention prior to the current commitment to the

5 Department of Corrections.

6 ~~(4.2) The rules and regulations shall also provide that~~

7 ~~any prisoner engaged in self-improvement programs, volunteer~~

8 ~~work, or work assignments that are not otherwise eligible~~

9 ~~activities under paragraph (4), shall receive up to 0.5 days~~

10 ~~of sentence credit for each day in which the prisoner is~~

11 ~~engaged in activities described in this paragraph.~~

12 (4.5) The rules and regulations on sentence credit shall

13 also provide that when the court's sentencing order recommends

14 a prisoner for substance abuse treatment and the crime was

15 committed on or after September 1, 2003 (the effective date of

16 Public Act 93-354), the prisoner shall receive no sentence

17 credit awarded under clause (3) of this subsection (a) unless

18 he or she participates in and completes a substance abuse

19 treatment program. The Director may waive the requirement to

20 participate in or complete a substance abuse treatment program

21 in specific instances if the prisoner is not a good candidate

22 for a substance abuse treatment program for medical,

23 programming, or operational reasons. Availability of substance

24 abuse treatment shall be subject to the limits of fiscal

25 resources appropriated by the General Assembly for these

26 purposes. If treatment is not available and the requirement to

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1 participate and complete the treatment has not been waived by

2 the Director, the prisoner shall be placed on a waiting list

3 under criteria established by the Department. The Director may

4 allow a prisoner placed on a waiting list to participate in and

5 complete a substance abuse education class or attend substance

6 abuse self-help meetings in lieu of a substance abuse

7 treatment program. A prisoner on a waiting list who is not

8 placed in a substance abuse program prior to release may be

9 eligible for a waiver and receive sentence credit under clause

10 (3) of this subsection (a) at the discretion of the Director.

11 (4.6) The rules and regulations on sentence credit shall

12 also provide that a prisoner who has been convicted of a sex

13 offense as defined in Section 2 of the Sex Offender

14 Registration Act shall receive no sentence credit unless he or

15 she either has successfully completed or is participating in

16 sex offender treatment as defined by the Sex Offender

17 Management Board. However, prisoners who are waiting to

18 receive treatment, but who are unable to do so due solely to

19 the lack of resources on the part of the Department, may, at

20 the Director's sole discretion, be awarded sentence credit at

21 a rate as the Director shall determine.

22 (4.7) On or after ~~January 1, 2018 (~~the effective date of

23 ~~Public Act 100-3)~~ this amendatory Act of the 100th General

24 Assembly, sentence credit under paragraph (3), (4), or (4.1)

25 of this subsection (a) may be awarded to a prisoner who is

26 serving a sentence for an offense described in paragraph (2),

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1 (2.3), (2.4), (2.5), or (2.6) for credit earned on or after

2 ~~January 1, 2018 (~~the effective date of ~~Public Act 100-3)~~ this

3 amendatory Act of the 100th General Assembly; provided, the

4 award of the credits under this paragraph (4.7) shall not

5 reduce the sentence of the prisoner to less than the following

6 amounts:

7 (i) 85% of his or her sentence if the prisoner is

8 required to serve 85% of his or her sentence; or

9 (ii) 60% of his or her sentence if the prisoner is

10 required to serve 75% of his or her sentence, except if the

11 prisoner is serving a sentence for gunrunning his or her

12 sentence shall not be reduced to less than 75%.

13 (iii) 100% of his or her sentence if the prisoner is

14 required to serve 100% of his or her sentence.

15 (5) Whenever the Department is to release any inmate

16 earlier than it otherwise would because of a grant of earned

17 sentence credit under paragraph (3) of subsection (a) of this

18 Section given at any time during the term, the Department

19 shall give reasonable notice of the impending release not less

20 than 14 days prior to the date of the release to the State's

21 Attorney of the county where the prosecution of the inmate

22 took place, and if applicable, the State's Attorney of the

23 county into which the inmate will be released. The Department

24 must also make identification information and a recent photo

25 of the inmate being released accessible on the Internet by

26 means of a hyperlink labeled "Community Notification of Inmate

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1 Early Release" on the Department's World Wide Web homepage.

2 The identification information shall include the inmate's:

3 name, any known alias, date of birth, physical

4 characteristics, commitment offense, and county where

5 conviction was imposed. The identification information shall

6 be placed on the website within 3 days of the inmate's release

7 and the information may not be removed until either:

8 completion of the first year of mandatory supervised release

9 or return of the inmate to custody of the Department.

10 (b) Whenever a person is or has been committed under

11 several convictions, with separate sentences, the sentences

12 shall be construed under Section 5-8-4 in granting and

13 forfeiting of sentence credit.

14 (c) ~~(1)~~ The Department shall prescribe rules and

15 regulations for revoking sentence credit, including revoking

16 sentence credit awarded under paragraph (3) of subsection (a)

17 of this Section. ~~The Department shall prescribe rules and~~

18 ~~regulations establishing and requiring the use of a sanctions~~

19 ~~matrix for revoking sentence credit.~~ The Department shall

20 prescribe rules and regulations for suspending or reducing the

21 rate of accumulation of sentence credit for specific rule

22 violations, during imprisonment. These rules and regulations

23 shall provide that no inmate may be penalized more than one

24 year of sentence credit for any one infraction.

25 ~~(2)~~ When the Department seeks to revoke, suspend, or

26 reduce the rate of accumulation of any sentence credits for an

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1 alleged infraction of its rules, it shall bring charges

2 therefor against the prisoner sought to be so deprived of

3 sentence credits before the Prisoner Review Board as provided

4 in subparagraph (a)(4) of Section 3-3-2 of this Code, if the

5 amount of credit at issue exceeds 30 days~~, whether from one~~

6 ~~infraction or cumulatively from multiple infractions arising~~

7 ~~out of a single event,~~or when~~,~~ during any 12 month ~~12-month~~

8 period, the cumulative amount of credit revoked exceeds 30

9 days except where the infraction is committed or discovered

10 within 60 days of scheduled release. In those cases, the

11 Department of Corrections may revoke up to 30 days of sentence

12 credit. The Board may subsequently approve the revocation of

13 additional sentence credit, if the Department seeks to revoke

14 sentence credit in excess of 30 days. However, the Board shall

15 not be empowered to review the Department's decision with

16 respect to the loss of 30 days of sentence credit within any

17 calendar year for any prisoner or to increase any penalty

18 beyond the length requested by the Department.

19 ~~(3)~~ The Director of the Department of Corrections, in

20 appropriate cases, may restoreup to 30 days of sentence

21 credits which have been revoked, suspended~~,~~or reduced.~~The~~

22 ~~Department shall prescribe rules and regulations governing the~~

23 ~~restoration of sentence credits. These rules and regulations~~

24 ~~shall provide for the automatic restoration of sentence~~

25 ~~credits following a period in which the prisoner maintains a~~

26 ~~record without a disciplinary violation.~~ Any restoration of

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1 sentence credits in excess of 30 days shall be subject to

2 review by the Prisoner Review Board. However, the Board may

3 not restore sentence credit in excess of the amount requested

4 by the Director.

5 Nothing contained in this Section shall prohibit the

6 Prisoner Review Board from ordering, pursuant to Section

7 3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the

8 sentence imposed by the court that was not served due to the

9 accumulation of sentence credit.

10 (d) If a lawsuit is filed by a prisoner in an Illinois or

11 federal court against the State, the Department of

12 Corrections, or the Prisoner Review Board, or against any of

13 their officers or employees, and the court makes a specific

14 finding that a pleading, motion, or other paper filed by the

15 prisoner is frivolous, the Department of Corrections shall

16 conduct a hearing to revoke up to 180 days of sentence credit

17 by bringing charges against the prisoner sought to be deprived

18 of the sentence credits before the Prisoner Review Board as

19 provided in subparagraph (a)(8) of Section 3-3-2 of this Code.

20 If the prisoner has not accumulated 180 days of sentence

21 credit at the time of the finding, then the Prisoner Review

22 Board may revoke all sentence credit accumulated by the

23 prisoner.

24 For purposes of this subsection (d):

25 (1) "Frivolous" means that a pleading, motion, or

26 other filing which purports to be a legal document filed

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1 by a prisoner in his or her lawsuit meets any or all of the

2 following criteria:

3 (A) it lacks an arguable basis either in law or in

4 fact;

5 (B) it is being presented for any improper

6 purpose, such as to harass or to cause unnecessary

7 delay or needless increase in the cost of litigation;

8 (C) the claims, defenses, and other legal

9 contentions therein are not warranted by existing law

10 or by a nonfrivolous argument for the extension,

11 modification, or reversal of existing law or the

12 establishment of new law;

13 (D) the allegations and other factual contentions

14 do not have evidentiary support or, if specifically so

15 identified, are not likely to have evidentiary support

16 after a reasonable opportunity for further

17 investigation or discovery; or

18 (E) the denials of factual contentions are not

19 warranted on the evidence, or if specifically so

20 identified, are not reasonably based on a lack of

21 information or belief.

22 (2) "Lawsuit" means a motion pursuant to Section 116-3

23 of the Code of Criminal Procedure of 1963, a habeas corpus

24 action under Article X of the Code of Civil Procedure or

25 under federal law (28 U.S.C. 2254), a petition for claim

26 under the Court of Claims Act, an action under the federal

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1 Civil Rights Act (42 U.S.C. 1983), or a second or

2 subsequent petition for post-conviction relief under

3 Article 122 of the Code of Criminal Procedure of 1963

4 whether filed with or without leave of court or a second or

5 subsequent petition for relief from judgment under Section

6 2-1401 of the Code of Civil Procedure.

7 (e) Nothing in Public Act 90-592 or 90-593 affects the

8 validity of Public Act 89-404.

9 (f) Whenever the Department is to release any inmate who

10 has been convicted of a violation of an order of protection

11 under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or

12 the Criminal Code of 2012, earlier than it otherwise would

13 because of a grant of sentence credit, the Department, as a

14 condition of release, shall require that the person, upon

15 release, be placed under electronic surveillance as provided

16 in Section 5-8A-7 of this Code.

17 (Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;

18 102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)

19 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

20 Sec. 5-4-1. Sentencing hearing.

21 (a) Except when the death penalty is sought under hearing

22 procedures otherwise specified, after a determination of

23 guilt, a hearing shall be held to impose the sentence.

24 However, prior to the imposition of sentence on an individual

25 being sentenced for an offense based upon a charge for a

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1 violation of Section 11-501 of the Illinois Vehicle Code or a

2 similar provision of a local ordinance, the individual must

3 undergo a professional evaluation to determine if an alcohol

4 or other drug abuse problem exists and the extent of such a

5 problem. Programs conducting these evaluations shall be

6 licensed by the Department of Human Services. However, if the

7 individual is not a resident of Illinois, the court may, in its

8 discretion, accept an evaluation from a program in the state

9 of such individual's residence. The court shall make a

10 specific finding about whether the defendant is eligible for

11 participation in a Department impact incarceration program as

12 provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an

13 explanation as to why a sentence to impact incarceration is

14 not an appropriate sentence. The court may in its sentencing

15 order recommend a defendant for placement in a Department of

16 Corrections substance abuse treatment program as provided in

17 paragraph (a) of subsection (1) of Section 3-2-2 conditioned

18 upon the defendant being accepted in a program by the

19 Department of Corrections. At the hearing the court shall:

20 (1) consider the evidence, if any, received upon the

21 trial;

22 (2) consider any presentence reports;

23 (3) consider the financial impact of incarceration

24 based on the financial impact statement filed with the

25 clerk of the court by the Department of Corrections;

26 (4) consider evidence and information offered by the

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1 parties in aggravation and mitigation;

2 (4.5) consider substance abuse treatment, eligibility

3 screening, and an assessment, if any, of the defendant by

4 an agent designated by the State of Illinois to provide

5 assessment services for the Illinois courts;

6 (5) hear arguments as to sentencing alternatives;

7 (6) afford the defendant the opportunity to make a

8 statement in his own behalf;

9 (7) afford the victim of a violent crime or a

10 violation of Section 11-501 of the Illinois Vehicle Code,

11 or a similar provision of a local ordinance, the

12 opportunity to present an oral or written statement, as

13 guaranteed by Article I, Section 8.1 of the Illinois

14 Constitution and provided in Section 6 of the Rights of

15 Crime Victims and Witnesses Act. The court shall allow a

16 victim to make an oral statement if the victim is present

17 in the courtroom and requests to make an oral or written

18 statement. An oral or written statement includes the

19 victim or a representative of the victim reading the

20 written statement. The court may allow persons impacted by

21 the crime who are not victims under subsection (a) of

22 Section 3 of the Rights of Crime Victims and Witnesses Act

23 to present an oral or written statement. A victim and any

24 person making an oral statement shall not be put under

25 oath or subject to cross-examination. All statements

26 offered under this paragraph (7) shall become part of the

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1 record of the court. In this paragraph (7), "victim of a

2 violent crime" means a person who is a victim of a violent

3 crime for which the defendant has been convicted after a

4 bench or jury trial or a person who is the victim of a

5 violent crime with which the defendant was charged and the

6 defendant has been convicted under a plea agreement of a

7 crime that is not a violent crime as defined in subsection

8 (c) of 3 of the Rights of Crime Victims and Witnesses Act;

9 (7.5) afford a qualified person affected by: (i) a

10 violation of Section 405, 405.1, 405.2, or 407 of the

11 Illinois Controlled Substances Act or a violation of

12 Section 55 or Section 65 of the Methamphetamine Control

13 and Community Protection Act; or (ii) a Class 4 felony

14 violation of Section 11-14, 11-14.3 except as described in

15 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

16 11-18.1, or 11-19 of the Criminal Code of 1961 or the

17 Criminal Code of 2012, committed by the defendant the

18 opportunity to make a statement concerning the impact on

19 the qualified person and to offer evidence in aggravation

20 or mitigation; provided that the statement and evidence

21 offered in aggravation or mitigation shall first be

22 prepared in writing in conjunction with the State's

23 Attorney before it may be presented orally at the hearing.

24 Sworn testimony offered by the qualified person is subject

25 to the defendant's right to cross-examine. All statements

26 and evidence offered under this paragraph (7.5) shall

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1 become part of the record of the court. In this paragraph

2 (7.5), "qualified person" means any person who: (i) lived

3 or worked within the territorial jurisdiction where the

4 offense took place when the offense took place; or (ii) is

5 familiar with various public places within the territorial

6 jurisdiction where the offense took place when the offense

7 took place. "Qualified person" includes any peace officer

8 or any member of any duly organized State, county, or

9 municipal peace officer unit assigned to the territorial

10 jurisdiction where the offense took place when the offense

11 took place;

12 (8) in cases of reckless homicide afford the victim's

13 spouse, guardians, parents or other immediate family

14 members an opportunity to make oral statements;

15 (9) in cases involving a felony sex offense as defined

16 under the Sex Offender Management Board Act, consider the

17 results of the sex offender evaluation conducted pursuant

18 to Section 5-3-2 of this Act; and

19 (10) make a finding of whether a motor vehicle was

20 used in the commission of the offense for which the

21 defendant is being sentenced.

22 (b) All sentences shall be imposed by the judge based upon

23 his independent assessment of the elements specified above and

24 any agreement as to sentence reached by the parties. The judge

25 who presided at the trial or the judge who accepted the plea of

26 guilty shall impose the sentence unless he is no longer

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1 sitting as a judge in that court. Where the judge does not

2 impose sentence at the same time on all defendants who are

3 convicted as a result of being involved in the same offense,

4 the defendant or the State's Attorney may advise the

5 sentencing court of the disposition of any other defendants

6 who have been sentenced.

7 (b-1) In imposing a sentence of imprisonment or periodic

8 imprisonment for a Class 3 or Class 4 felony for which a

9 sentence of probation or conditional discharge is an available

10 sentence, if the defendant has no prior sentence of probation

11 or conditional discharge and no prior conviction for a violent

12 crime, the defendant shall not be sentenced to imprisonment

13 before review and consideration of a presentence report and

14 determination and explanation of why the particular evidence,

15 information, factor in aggravation, factual finding, or other

16 reasons support a sentencing determination that one or more of

17 the factors under subsection (a) of Section 5-6-1 of this Code

18 apply and that probation or conditional discharge is not an

19 appropriate sentence.

20 (c) In imposing a sentence for a violent crime or for an

21 offense of operating or being in physical control of a vehicle

22 while under the influence of alcohol, any other drug or any

23 combination thereof, or a similar provision of a local

24 ordinance, when such offense resulted in the personal injury

25 to someone other than the defendant, the trial judge shall

26 specify on the record the particular evidence, information,

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1 factors in mitigation and aggravation or other reasons that

2 led to his sentencing determination. The full verbatim record

3 of the sentencing hearing shall be filed with the clerk of the

4 court and shall be a public record.

5 (c-1) In imposing a sentence for the offense of aggravated

6 kidnapping for ransom, home invasion, armed robbery,

7 aggravated vehicular hijacking, aggravated discharge of a

8 firearm, or armed violence with a category I weapon or

9 category II weapon, the trial judge shall make a finding as to

10 whether the conduct leading to conviction for the offense

11 resulted in great bodily harm to a victim, and shall enter that

12 finding and the basis for that finding in the record.

13 (c-2) If the defendant is sentenced to prison, other than

14 when a sentence of natural life imprisonment or a sentence of

15 death is imposed, at the time the sentence is imposed the judge

16 shall state on the record in open court the approximate period

17 of time the defendant will serve in custody according to the

18 then current statutory rules and regulations for sentence

19 credit found in Section 3-6-3 and other related provisions of

20 this Code. This statement is intended solely to inform the

21 public, has no legal effect on the defendant's actual release,

22 and may not be relied on by the defendant on appeal.

23 The judge's statement, to be given after pronouncing the

24 sentence, other than when the sentence is imposed for one of

25 the offenses enumerated in paragraph (a)(4) of Section 3-6-3,

26 shall include the following:

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1 "The purpose of this statement is to inform the public of

2 the actual period of time this defendant is likely to spend in

3 prison as a result of this sentence. The actual period of

4 prison time served is determined by the statutes of Illinois

5 as applied to this sentence by the Illinois Department of

6 Corrections and the Illinois Prisoner Review Board. In this

7 case, assuming the defendant receives all of his or her

8 sentence credit, the period of estimated actual custody is ...

9 years and ... months, less up to 180 days additional earned

10 sentence credit. If the defendant, because of his or her own

11 misconduct or failure to comply with the institutional

12 regulations, does not receive those credits, the actual time

13 served in prison will be longer. The defendant may also

14 receive an additional one-half day sentence credit for each

15 day of participation in vocational, industry, substance abuse,

16 and educational programs as provided for by Illinois statute."

17 When the sentence is imposed for one of the offenses

18 enumerated in paragraph (a)(2) of Section 3-6-3, other than

19 first degree murder, and the offense was committed on or after

20 June 19, 1998, and when the sentence is imposed for reckless

21 homicide as defined in subsection (e) of Section 9-3 of the

22 Criminal Code of 1961 or the Criminal Code of 2012 if the

23 offense was committed on or after January 1, 1999, and when the

24 sentence is imposed for aggravated driving under the influence

25 of alcohol, other drug or drugs, or intoxicating compound or

26 compounds, or any combination thereof as defined in

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1 subparagraph (F) of paragraph (1) of subsection (d) of Section

2 11-501 of the Illinois Vehicle Code, and when the sentence is

3 imposed for aggravated arson if the offense was committed on

4 or after July 27, 2001 (the effective date of Public Act

5 92-176), and when the sentence is imposed for 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 (C) of paragraph (1) of

9 subsection (d) of Section 11-501 of the Illinois Vehicle Code

10 committed on or after January 1, 2011 (the effective date of

11 Public Act 96-1230), the judge's statement, to be given after

12 pronouncing the sentence, shall include the following:

13 "The purpose of this statement is to inform the public of

14 the actual period of time this defendant is likely to spend in

15 prison as a result of this sentence. The actual period of

16 prison time served is determined by the statutes of Illinois

17 as applied to this sentence by the Illinois Department of

18 Corrections and the Illinois Prisoner Review Board. In this

19 case, the defendant is entitled to no more than 4 1/2 days of

20 sentence credit for each month of his or her sentence of

21 imprisonment. Therefore, this defendant will serve at least

22 85% of his or her sentence. Assuming the defendant receives 4

23 1/2 days credit for each month of his or her sentence, the

24 period of estimated actual custody is ... years and ...

25 months. If the defendant, because of his or her own misconduct

26 or failure to comply with the institutional regulations

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1 receives lesser credit, the actual time served in prison will

2 be longer."

3 When a sentence of imprisonment is imposed for first

4 degree murder and the offense was committed on or after June

5 19, 1998, the judge's statement, to be given after pronouncing

6 the sentence, shall 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 is not entitled to sentence credit.

14 Therefore, this defendant will serve 100% of his or her

15 sentence."

16 When the sentencing order recommends placement in a

17 substance abuse program for any offense that results in

18 incarceration in a Department of Corrections facility and the

19 crime was committed on or after September 1, 2003 (the

20 effective date of Public Act 93-354), the judge's statement,

21 in addition to any other judge's statement required under this

22 Section, to be given after pronouncing the sentence, shall

23 include the following:

24 "The purpose of this statement is to inform the public of

25 the actual period of time this defendant is likely to spend in

26 prison as a result of this sentence. The actual period of

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1 prison time served is determined by the statutes of Illinois

2 as applied to this sentence by the Illinois Department of

3 Corrections and the Illinois Prisoner Review Board. In this

4 case, the defendant shall receive no earned sentence credit

5 under clause (3) of subsection (a) of Section 3-6-3 until he or

6 she participates in and completes a substance abuse treatment

7 program or receives a waiver from the Director of Corrections

8 pursuant to clause (4.5) of subsection (a) of Section 3-6-3."

9 (c-4) Before the sentencing hearing and as part of the

10 presentence investigation under Section 5-3-1, the court shall

11 inquire of the defendant whether the defendant is currently

12 serving in or is a veteran of the Armed Forces of the United

13 States. If the defendant is currently serving in the Armed

14 Forces of the United States or is a veteran of the Armed Forces

15 of the United States and has been diagnosed as having a mental

16 illness by a qualified psychiatrist or clinical psychologist

17 or physician, the court may:

18 (1) order that the officer preparing the presentence

19 report consult with the United States Department of

20 Veterans Affairs, Illinois Department of Veterans'

21 Affairs, or another agency or person with suitable

22 knowledge or experience for the purpose of providing the

23 court with information regarding treatment options

24 available to the defendant, including federal, State, and

25 local programming; and

26 (2) consider the treatment recommendations of any

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1 diagnosing or treating mental health professionals

2 together with the treatment options available to the

3 defendant in imposing sentence.

4 For the purposes of this subsection (c-4), "qualified

5 psychiatrist" means a reputable physician licensed in Illinois

6 to practice medicine in all its branches, who has specialized

7 in the diagnosis and treatment of mental and nervous disorders

8 for a period of not less than 5 years.

9 (c-6) In imposing a sentence, the trial judge shall

10 specify, on the record, the particular evidence and other

11 reasons which led to his or her determination that a motor

12 vehicle was used in the commission of the offense.

13 ~~(c-7) In imposing a sentence for a Class 3 or 4 felony,~~

14 ~~other than a violent crime as defined in Section 3 of the~~

15 ~~Rights of Crime Victims and Witnesses Act, the court shall~~

16 ~~determine and indicate in the sentencing order whether the~~

17 ~~defendant has 4 or more or fewer than 4 months remaining on his~~

18 ~~or her sentence accounting for time served.~~

19 (d) When the defendant is committed to the Department of

20 Corrections, the State's Attorney shall and counsel for the

21 defendant may file a statement with the clerk of the court to

22 be transmitted to the department, agency or institution to

23 which the defendant is committed to furnish such department,

24 agency or institution with the facts and circumstances of the

25 offense for which the person was committed together with all

26 other factual information accessible to them in regard to the

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1 person prior to his commitment relative to his habits,

2 associates, disposition and reputation and any other facts and

3 circumstances which may aid such department, agency or

4 institution during its custody of such person. The clerk shall

5 within 10 days after receiving any such statements transmit a

6 copy to such department, agency or institution and a copy to

7 the other party, provided, however, that this shall not be

8 cause for delay in conveying the person to the department,

9 agency or institution to which he has been committed.

10 (e) The clerk of the court shall transmit to the

11 department, agency or institution, if any, to which the

12 defendant is committed, the following:

13 (1) the sentence imposed;

14 (2) any statement by the court of the basis for

15 imposing the sentence;

16 (3) any presentence reports;

17 (3.5) any sex offender evaluations;

18 (3.6) any substance abuse treatment eligibility

19 screening and assessment of the defendant by an agent

20 designated by the State of Illinois to provide assessment

21 services for the Illinois courts;

22 (4) the number of days, if any, which the defendant

23 has been in custody and for which he is entitled to credit

24 against the sentence, which information shall be provided

25 to the clerk by the sheriff;

26 (4.1) any finding of great bodily harm made by the

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1 court with respect to an offense enumerated in subsection

2 (c-1);

3 (5) all statements filed under subsection (d) of this

4 Section;

5 (6) any medical or mental health records or summaries

6 of the defendant;

7 (7) the municipality where the arrest of the offender

8 or the commission of the offense has occurred, where such

9 municipality has a population of more than 25,000 persons;

10 (8) all statements made and evidence offered under

11 paragraph (7) of subsection (a) of this Section; and

12 (9) all additional matters which the court directs the

13 clerk to transmit.

14 (f) In cases in which the court finds that a motor vehicle

15 was used in the commission of the offense for which the

16 defendant is being sentenced, the clerk of the court shall,

17 within 5 days thereafter, forward a report of such conviction

18 to the Secretary of State.

19 (Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;

20 101-105, eff. 1-1-20; 101-652.)

21 (730 ILCS 5/5-4.5-95)

22 Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.

23 (a) HABITUAL CRIMINALS.

24 (1) Every person who has been twice convicted in any

25 state or federal court of an offense that contains the

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1 same elements as an offense now (the date of the offense

2 committed after the 2 prior convictions) classified in

3 Illinois as a Class X felony, criminal sexual assault,

4 aggravated kidnapping, or first degree murder, and who is

5 thereafter convicted of a Class X felony, criminal sexual

6 assault, or first degree murder, committed after the 2

7 prior convictions, shall be adjudged an habitual criminal.

8 (2) The 2 prior convictions need not have been for the

9 same offense.

10 (3) Any convictions that result from or are connected

11 with the same transaction, or result from offenses

12 committed at the same time, shall be counted for the

13 purposes of this Section as one conviction.

14 (4) This Section does not apply unless each of the

15 following requirements are satisfied:

16 (A) The third offense was committed after July 3,

17 1980.

18 (B) The third offense was committed within 20

19 years of the date that judgment was entered on the

20 first conviction; provided, however, that time spent

21 in custody shall not be counted.

22 (C) The third offense was committed after

23 conviction on the second offense.

24 (D) The second offense was committed after

25 conviction on the first offense.

26 ~~(E) The first offense was committed when the~~

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1 ~~person was 21 years of age or older.~~

2 (5) Anyone who, having attained the age of 18 at the

3 time of the third offense, is adjudged an habitual

4 criminal shall be sentenced to a term of natural life

5 imprisonment.

6 (6) A prior conviction shall not be alleged in the

7 indictment, and no evidence or other disclosure of that

8 conviction shall be presented to the court or the jury

9 during the trial of an offense set forth in this Section

10 unless otherwise permitted by the issues properly raised

11 in that trial. After a plea or verdict or finding of guilty

12 and before sentence is imposed, the prosecutor may file

13 with the court a verified written statement signed by the

14 State's Attorney concerning any former conviction of an

15 offense set forth in this Section rendered against the

16 defendant. The court shall then cause the defendant to be

17 brought before it; shall inform the defendant of the

18 allegations of the statement so filed, and of his or her

19 right to a hearing before the court on the issue of that

20 former conviction and of his or her right to counsel at

21 that hearing; and unless the defendant admits such

22 conviction, shall hear and determine the issue, and shall

23 make a written finding thereon. If a sentence has

24 previously been imposed, the court may vacate that

25 sentence and impose a new sentence in accordance with this

26 Section.

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1 (7) A duly authenticated copy of the record of any

2 alleged former conviction of an offense set forth in this

3 Section shall be prima facie evidence of that former

4 conviction; and a duly authenticated copy of the record of

5 the defendant's final release or discharge from probation

6 granted, or from sentence and parole supervision (if any)

7 imposed pursuant to that former conviction, shall be prima

8 facie evidence of that release or discharge.

9 (8) Any claim that a previous conviction offered by

10 the prosecution is not a former conviction of an offense

11 set forth in this Section because of the existence of any

12 exceptions described in this Section, is waived unless

13 duly raised at the hearing on that conviction, or unless

14 the prosecution's proof shows the existence of the

15 exceptions described in this Section.

16 (9) If the person so convicted shows to the

17 satisfaction of the court before whom that conviction was

18 had that he or she was released from imprisonment, upon

19 either of the sentences upon a pardon granted for the

20 reason that he or she was innocent, that conviction and

21 sentence shall not be considered under this Section.

22 (b) When a defendant, over the age of 21 years, is

23 convicted of a Class 1 or Class 2 ~~forcible~~ felony, except for

24 an offense listed in subsection (c) of this Section, after

25 having twice been convicted in any state or federal court of an

26 offense that contains the same elements as an offense now (the

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1 date the Class 1 or Class 2 ~~forcible~~ felony was committed)

2 classified in Illinois as a Class 2 or greater Class ~~forcible~~

3 felony, except for an offense listed in subsection (c) of this

4 Section, and those charges are separately brought and tried

5 and arise out of different series of acts, that defendant

6 shall be sentenced as a Class X offender. This subsection does

7 not apply unless:

8 (1) the first ~~forcible~~ felony was committed after

9 February 1, 1978 (the effective date of Public Act

10 80-1099);

11 (2) the second ~~forcible~~ felony was committed after

12 conviction on the first; and

13 (3) the third ~~forcible~~ felony was committed after

14 conviction on the second~~; and~~

15 ~~(4) the first offense was committed when the person~~

16 ~~was 21 years of age or older~~.

17 (c) ~~(Blank).~~ Subsection (b) of this Section does not apply

18 to Class 1 or Class 2 felony convictions for a violation of

19 Section 16-1 of the Criminal Code of 2012.

20 A person sentenced as a Class X offender under this

21 subsection (b) is not eligible to apply for treatment as a

22 condition of probation as provided by Section 40-10 of the

23 Substance Use Disorder Act (20 ILCS 301/40-10).

24 (Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,

25 eff. 1-1-19; 101-652.)

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1 (730 ILCS 5/5-4.5-100)

2 Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.

3 (a) COMMENCEMENT. A sentence of imprisonment shall

4 commence on the date on which the offender is received by the

5 Department or the institution at which the sentence is to be

6 served.

7 (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set

8 forth in subsection (e), the offender shall be given credit on

9 the determinate sentence or maximum term and the minimum

10 period of imprisonment for the number of days spent in custody

11 as a result of the offense for which the sentence was imposed.

12 The Department shall calculate the credit at the rate

13 specified in Section 3-6-3 (730 ILCS 5/3-6-3). ~~The~~ Except when

14 prohibited by subsection (d), the trial court shall give

15 credit to the defendant for time spent in home detention on the

16 same sentencing terms as incarceration as provided in Section

17 5-8A-3 (730 ILCS 5/5-8A-3). ~~Home detention for purposes of~~

18 ~~credit includes restrictions on liberty such as curfews~~

19 ~~restricting movement for 12 hours or more per day and~~

20 ~~electronic monitoring that restricts travel or movement.~~

21 ~~Electronic monitoring is not required for home detention to be~~

22 ~~considered custodial for purposes of sentencing credit.~~ The

23 trial court may give credit to the defendant for the number of

24 days spent confined for psychiatric or substance abuse

25 treatment prior to judgment, if the court finds that the

26 detention or confinement was custodial.

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1 (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender

2 arrested on one charge and prosecuted on another charge for

3 conduct that occurred prior to his or her arrest shall be given

4 credit on the determinate sentence or maximum term and the

5 minimum term of imprisonment for time spent in custody under

6 the former charge not credited against another sentence.

7 (c-5) CREDIT; PROGRAMMING. The trial court shall give the

8 defendant credit for successfully completing county

9 programming while in custody prior to imposition of sentence

10 at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For

11 the purposes of this subsection, "custody" includes time spent

12 in home detention.

13 (d) ~~(Blank).~~ NO CREDIT; SOME HOME DETENTION. An offender

14 sentenced to a term of imprisonment for an offense listed in

15 paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS

16 5/5-5-3) or in paragraph (3) of subsection (c-1) of Section

17 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall

18 not receive credit for time spent in home detention prior to

19 judgment.

20 (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED

21 RELEASE, OR PROBATION. An offender charged with the commission

22 of an offense committed while on parole, mandatory supervised

23 release, or probation shall not be given credit for time spent

24 in custody under subsection (b) for that offense for any time

25 spent in custody as a result of a revocation of parole,

26 mandatory supervised release, or probation where such

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1 revocation is based on a sentence imposed for a previous

2 conviction, regardless of the facts upon which the revocation

3 of parole, mandatory supervised release, or probation is

4 based, unless both the State and the defendant agree that the

5 time served for a violation of mandatory supervised release,

6 parole, or probation shall be credited towards the sentence

7 for the current offense.

8 (Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12;

9 101-652.)

10 (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)

11 Sec. 5-8-1. Natural life imprisonment; enhancements for

12 use of a firearm; mandatory supervised release terms.

13 (a) Except as otherwise provided in the statute defining

14 the offense or in Article 4.5 of Chapter V, a sentence of

15 imprisonment for a felony shall be a determinate sentence set

16 by the court under this Section, subject to Section 5-4.5-115

17 of this Code, according to the following limitations:

18 (1) for first degree murder,

19 (a) (blank),

20 (b) if a trier of fact finds beyond a reasonable

21 doubt that the murder was accompanied by exceptionally

22 brutal or heinous behavior indicative of wanton

23 cruelty or, except as set forth in subsection

24 (a)(1)(c) of this Section, that any of the aggravating

25 factors listed in subsection (b) or (b-5) of Section

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1 9-1 of the Criminal Code of 1961 or the Criminal Code

2 of 2012 are present, the court may sentence the

3 defendant, subject to Section 5-4.5-105, to a term of

4 natural life imprisonment, or

5 (c) the court shall sentence the defendant to a

6 term of natural life imprisonment if the defendant, at

7 the time of the commission of the murder, had attained

8 the age of 18, and:

9 (i) has previously been convicted of first

10 degree murder under any state or federal law, or

11 (ii) is found guilty of murdering more than

12 one victim, or

13 (iii) is found guilty of murdering a peace

14 officer, fireman, or emergency management worker

15 when the peace officer, fireman, or emergency

16 management worker was killed in the course of

17 performing his official duties, or to prevent the

18 peace officer or fireman from performing his

19 official duties, or in retaliation for the peace

20 officer, fireman, or emergency management worker

21 from performing his official duties, and the

22 defendant knew or should have known that the

23 murdered individual was a peace officer, fireman,

24 or emergency management worker, or

25 (iv) is found guilty of murdering an employee

26 of an institution or facility of the Department of

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1 Corrections, or any similar local correctional

2 agency, when the employee was killed in the course

3 of performing his official duties, or to prevent

4 the employee from performing his official duties,

5 or in retaliation for the employee performing his

6 official duties, or

7 (v) is found guilty of murdering an emergency

8 medical technician - ambulance, emergency medical

9 technician - intermediate, emergency medical

10 technician - paramedic, ambulance driver or other

11 medical assistance or first aid person while

12 employed by a municipality or other governmental

13 unit when the person was killed in the course of

14 performing official duties or to prevent the

15 person from performing official duties or in

16 retaliation for performing official duties and the

17 defendant knew or should have known that the

18 murdered individual was an emergency medical

19 technician - ambulance, emergency medical

20 technician - intermediate, emergency medical

21 technician - paramedic, ambulance driver, or other

22 medical assistant or first aid personnel, or

23 (vi) (blank), or

24 (vii) is found guilty of first degree murder

25 and the murder was committed by reason of any

26 person's activity as a community policing

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1 volunteer or to prevent any person from engaging

2 in activity as a community policing volunteer. For

3 the purpose of this Section, "community policing

4 volunteer" has the meaning ascribed to it in

5 Section 2-3.5 of the Criminal Code of 2012.

6 For purposes of clause (v), "emergency medical

7 technician - ambulance", "emergency medical technician -

8 intermediate", "emergency medical technician -

9 paramedic", have the meanings ascribed to them in the

10 Emergency Medical Services (EMS) Systems Act.

11 (d)(i) if the person committed the offense while

12 armed with a firearm, 15 years shall be added to

13 the term of imprisonment imposed by the court;

14 (ii) if, during the commission of the offense, the

15 person personally discharged a firearm, 20 years shall

16 be added to the term of imprisonment imposed by the

17 court;

18 (iii) if, during the commission of the offense,

19 the person personally discharged a firearm that

20 proximately caused great bodily harm, permanent

21 disability, permanent disfigurement, or death to

22 another person, 25 years or up to a term of natural

23 life shall be added to the term of imprisonment

24 imposed by the court.

25 (2) (blank);

26 (2.5) for a person who has attained the age of 18 years

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1 at the time of the commission of the offense and who is

2 convicted under the circumstances described in subdivision

3 (b)(1)(B) of Section 11-1.20 or paragraph (3) of

4 subsection (b) of Section 12-13, subdivision (d)(2) of

5 Section 11-1.30 or paragraph (2) of subsection (d) of

6 Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or

7 paragraph (1.2) of subsection (b) of Section 12-14.1,

8 subdivision (b)(2) of Section 11-1.40 or paragraph (2) of

9 subsection (b) of Section 12-14.1 of the Criminal Code of

10 1961 or the Criminal Code of 2012, the sentence shall be a

11 term of natural life imprisonment.

12 (b) (Blank).

13 (c) (Blank).

14 (d) Subject to earlier termination under Section 3-3-8,

15 the parole or mandatory supervised release term shall be

16 written as part of the sentencing order and shall be as

17 follows:

18 (1) for first degree murder ~~or for the offenses of~~

19 ~~predatory criminal sexual assault of a child, aggravated~~

20 ~~criminal sexual assault, and criminal sexual assault if~~

21 ~~committed on or before December 12, 2005~~ or a Class X

22 felony except for the offenses of predatory criminal

23 sexual assault of a child, aggravated criminal sexual

24 assault, and criminal sexual assault if committed on or

25 after the effective date of this amendatory Act of the

26 94th General Assembly and except for the offense of

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1 aggravated child pornography under Section 11-20.1B,

2 11-20.3, or 11-20.1 with sentencing under subsection (c-5)

3 of Section 11-20.1 of the Criminal Code of 1961 or the

4 Criminal Code of 2012, if committed on or after January 1,

5 2009, 3 years;

6 ~~(1.5) except as provided in paragraph (7) of this~~

7 ~~subsection (d), for a Class X felony except for the~~

8 ~~offenses of predatory criminal sexual assault of a child,~~

9 ~~aggravated criminal sexual assault, and criminal sexual~~

10 ~~assault if committed on or after December 13, 2005 (the~~

11 ~~effective date of Public Act 94-715) and except for the~~

12 ~~offense of aggravated child pornography under Section~~

13 ~~11-20.1B., 11-20.3, or 11-20.1 with sentencing under~~

14 ~~subsection (c-5) of Section 11-20.1 of the Criminal Code~~

15 ~~of 1961 or the Criminal Code of 2012, if committed on or~~

16 ~~after January 1, 2009, 18 months;~~

17 (2) ~~except as provided in paragraph (7) of this~~

18 ~~subsection (d),~~ for a Class 1 felony or a Class 2 felony

19 except for the offense of criminal sexual assault if

20 committed on or after ~~December 13, 2005 (~~the effective

21 date of ~~Public Act 94-715)~~ this amendatory Act of the 94th

22 General Assembly 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, ~~12 months~~ 2 years;

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1 (3) ~~except as provided in paragraph (4), (6), or (7)~~

2 ~~of this subsection (d), a mandatory supervised release~~

3 ~~term shall not be imposed for a Class 3 felony or a Class 4~~

4 ~~felony; unless:~~

5 ~~(A) the Prisoner Review Board, based on a~~

6 ~~validated risk and needs assessment, determines it is~~

7 ~~necessary for an offender to serve a mandatory~~

8 ~~supervised release term;~~

9 ~~(B) if the Prisoner Review Board determines a~~

10 ~~mandatory supervised release term is necessary~~

11 ~~pursuant to subparagraph (A) of this paragraph (3),~~

12 ~~the Prisoner Review Board shall specify the maximum~~

13 ~~number of months of mandatory supervised release the~~

14 ~~offender may serve, limited to a term of: (i) 12 months~~

15 ~~for a Class 3 felony; and (ii) 12 months for a Class 4~~

16 ~~felony~~ for a Class 3 felony or a Class 4 felony, 1

17 year;

18 (4) for defendants who commit the offense of predatory

19 criminal sexual assault of a child, aggravated criminal

20 sexual assault, or criminal sexual assault, on or after

21 December 13, 2005 (the effective date of Public Act

22 94-715) ~~this amendatory Act of the 94th General Assembly~~,

23 or who commit the offense of aggravated child pornography

24 under Section 11-20.1B, 11-20.3, or 11-20.1 with

25 sentencing under subsection (c-5) of Section 11-20.1 of

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

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1 manufacture of child pornography, or dissemination of

2 child pornography after January 1, 2009, the term of

3 mandatory supervised release shall range from a minimum of

4 3 years to a maximum of the natural life of the defendant;

5 (5) if the victim is under 18 years of age, for a

6 second or subsequent offense of aggravated criminal sexual

7 abuse or felony criminal sexual abuse, 4 years, at least

8 the first 2 years of which the defendant shall serve in an

9 electronic monitoring or home detention program under

10 Article 8A of Chapter V of this Code;

11 (6) for a felony domestic battery, aggravated domestic

12 battery, stalking, aggravated stalking, and a felony

13 violation of an order of protection, 4 years~~;~~ .

14 ~~(7) for any felony described in paragraph (a)(2)(ii),~~

15 ~~(a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),~~

16 ~~(a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section~~

17 ~~3-6-3 of the Unified Code of Corrections requiring an~~

18 ~~inmate to serve a minimum of 85% of their court-imposed~~

19 ~~sentence, except for the offenses of predatory criminal~~

20 ~~sexual assault of a child, aggravated criminal sexual~~

21 ~~assault, and criminal sexual assault if committed on or~~

22 ~~after December 13, 2005 (the effective date of Public Act~~

23 ~~94-715) and except for 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,~~

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1 ~~if committed on or after January 1, 2009 and except as~~

2 ~~provided in paragraph (4) or paragraph (6) of this~~

3 ~~subsection (d), the term of mandatory supervised release~~

4 ~~shall be as follows:~~

5 ~~(A) Class X felony, 3 years;~~

6 ~~(B) Class 1 or Class 2 felonies, 2 years;~~

7 ~~(C) Class 3 or Class 4 felonies, 1 year.~~

8 (e) (Blank).

9 (f) (Blank).

10 (g) Notwithstanding any other provisions of this Act and

11 of Public Act 101-652: (i) the provisions of paragraph (3) of

12 subsection (d) are effective on January 1, 2022 and shall

13 apply to all individuals convicted on or after the effective

14 date of paragraph (3) of subsection (d); and (ii) the

15 provisions of paragraphs (1.5) and (2) of subsection (d) are

16 effective on July 1, 2021 and shall apply to all individuals

17 convicted on or after the effective date of paragraphs (1.5)

18 and (2) of subsection (d).

19 (Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;

20 102-28, eff. 6-25-21; revised 8-2-21.)

21 (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)

22 Sec. 5-8-6. Place of confinement.

23 (a) ~~Except as otherwise provided in this subsection (a),~~

24 ~~offenders~~ Offenderssentenced to a term of imprisonment for a

25 felony shall be committed to the penitentiary system of the

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1 Department of Corrections. However, such sentence shall not

2 limit the powers of the Department of Children and Family

3 Services in relation to any child under the age of one year in

4 the sole custody of a person so sentenced, nor in relation to

5 any child delivered by a female so sentenced while she is so

6 confined as a consequence of such sentence.~~Except as~~

7 ~~otherwise provided in this subsection (a), a~~ A person

8 sentenced for a felony may be assigned by the Department of

9 Corrections to any of its institutions, facilities or

10 programs. ~~An offender sentenced to a term of imprisonment for~~

11 ~~a Class 3 or 4 felony, other than a violent crime as defined in~~

12 ~~Section 3 of the Rights of Crime Victims and Witnesses Act, in~~

13 ~~which the sentencing order indicates that the offender has~~

14 ~~less than 4 months remaining on his or her sentence accounting~~

15 ~~for time served may not be confined in the penitentiary system~~

16 ~~of the Department of Corrections but may be assigned to~~

17 ~~electronic home detention under Article 8A of this Chapter V,~~

18 ~~an adult transition center, or another facility or program~~

19 ~~within the Department of Corrections.~~

20 (b) Offenders sentenced to a term of imprisonment for less

21 than one year shall be committed to the custody of the sheriff.

22 A person committed to the Department of Corrections, prior to

23 July 14, 1983, for less than one year may be assigned by the

24 Department to any of its institutions, facilities or programs.

25 (c) All offenders under 18 years of age when sentenced to

26 imprisonment shall be committed to the Department of Juvenile

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1 Justice and the court in its order of commitment shall set a

2 definite term. The provisions of Section 3-3-3 shall be a part

3 of such commitment as fully as though written in the order of

4 commitment. The place of confinement for sentences imposed

5 before the effective date of this amendatory Act of the 99th

6 General Assembly are not affected or abated by this amendatory

7 Act of the 99th General Assembly.

8 (d) No defendant shall be committed to the Department of

9 Corrections for the recovery of a fine or costs.

10 (e) When a court sentences a defendant to a term of

11 imprisonment concurrent with a previous and unexpired sentence

12 of imprisonment imposed by any district court of the United

13 States, it may commit the offender to the custody of the

14 Attorney General of the United States. The Attorney General of

15 the United States, or the authorized representative of the

16 Attorney General of the United States, shall be furnished with

17 the warrant of commitment from the court imposing sentence,

18 which warrant of commitment shall provide that, when the

19 offender is released from federal confinement, whether by

20 parole or by termination of sentence, the offender shall be

21 transferred by the Sheriff of the committing county to the

22 Department of Corrections. The court shall cause the

23 Department to be notified of such sentence at the time of

24 commitment and to be provided with copies of all records

25 regarding the sentence.

26 (Source: P.A. 99-628, eff. 1-1-17; 101-652.)

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1 (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)

2 Sec. 5-8A-2. Definitions. As used in this Article:

3 (A) "Approved electronic monitoring device" means a device

4 approved by the supervising authority which is primarily

5 intended to record or transmit information as to the

6 defendant's presence or nonpresence in the home, consumption

7 of alcohol, consumption of drugs, location as determined

8 through GPS, cellular triangulation, Wi-Fi, or other

9 electronic means.

10 An approved electronic monitoring device may record or

11 transmit: oral or wire communications or an auditory sound;

12 visual images; or information regarding the offender's

13 activities while inside the offender's home. These devices are

14 subject to the required consent as set forth in Section 5-8A-5

15 of this Article.

16 An approved electronic monitoring device may be used to

17 record a conversation between the participant and the

18 monitoring device, or the participant and the person

19 supervising the participant solely for the purpose of

20 identification and not for the purpose of eavesdropping or

21 conducting any other illegally intrusive monitoring.

22 (A-10) "Department" means the Department of Corrections or

23 the Department of Juvenile Justice.

24 (A-20) "Electronic monitoring" means the monitoring of an

25 inmate, person, or offender with an electronic device both

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1 within and outside of their home under the terms and

2 conditions established by the supervising authority.

3 (B) "Excluded offenses" means first degree murder, escape,

4 predatory criminal sexual assault of a child, aggravated

5 criminal sexual assault, criminal sexual assault, aggravated

6 battery with a firearm as described in Section 12-4.2 or

7 subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section

8 12-3.05, bringing or possessing a firearm, ammunition or

9 explosive in a penal institution, any "Super-X" drug offense

10 or calculated criminal drug conspiracy or streetgang criminal

11 drug conspiracy, or any predecessor or successor offenses with

12 the same or substantially the same elements, or any inchoate

13 offenses relating to the foregoing offenses.

14 (B-10) "GPS" means a device or system which utilizes the

15 Global Positioning Satellite system for determining the

16 location of a person, inmate or offender.

17 (C) "Home detention" means the confinement of a person

18 convicted or charged with an offense to his or her place of

19 residence under the terms and conditions established by the

20 supervising authority. ~~Confinement need not be 24 hours per~~

21 ~~day to qualify as home detention, and significant restrictions~~

22 ~~on liberty such as 7pm to 7am curfews shall qualify. Home~~

23 ~~confinement may or may not be accompanied by electronic~~

24 ~~monitoring, and electronic monitoring is not required for~~

25 ~~purposes of sentencing credit.~~

26 (D) "Participant" means an inmate or offender placed into

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1 an electronic monitoring program.

2 (E) "Supervising authority" means the Department of

3 Corrections, the Department of Juvenile Justice, probation

4 department, ~~a Chief Judge's office, pretrial services division~~

5 ~~or department,~~sheriff, superintendent of municipal house of

6 corrections or any other officer or agency charged with

7 authorizing and supervising electronic monitoring and home

8 detention.

9 (F) "Super-X drug offense" means a violation of Section

10 401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);

11 Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),

12 (C), or (D) of the Illinois Controlled Substances Act.

13 (G) "Wi-Fi" or "WiFi" means a device or system which

14 utilizes a wireless local area network for determining the

15 location of a person, inmate or offender.

16 (Source: P.A. 99-797, eff. 8-12-16; 101-652.)

17 (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)

18 Sec. 5-8A-4. Program description. The supervising

19 authority may promulgate rules that prescribe reasonable

20 guidelines under which an electronic monitoring and home

21 detention program shall operate. When using electronic

22 monitoring for home detention these rules ~~may~~ shall include,

23 but not be limited to, the following:

24 (A) The participant ~~may be instructed to~~ shall remain

25 within the interior premises or within the property

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1 boundaries of his or her residence at all times during the

2 hours designated by the supervising authority. Such

3 instances of approved absences from the home~~shall~~ may

4 include, but are not limited to, the following:

5 (1) working or employment approved by the court or

6 traveling to or from approved employment;

7 (2) unemployed and seeking employment approved for

8 the participant by the court;

9 (3) undergoing medical, psychiatric, mental health

10 treatment, counseling, or other treatment programs

11 approved for the participant by the court;

12 (4) attending an educational institution or a

13 program approved for the participant by the court;

14 (5) attending a regularly scheduled religious

15 service at a place of worship;

16 (6) participating in community work release or

17 community service programs approved for the

18 participant by the supervising authority; ~~or~~

19 (7) for another compelling reason consistent with

20 the public interest, as approved by the supervising

21 authority; or ~~.~~

22 ~~(8) purchasing groceries, food, or other basic~~

23 ~~necessities.~~

24 ~~(A-1) At a minimum, any person ordered to pretrial~~

25 ~~home confinement with or without electronic monitoring~~

26 ~~must be provided with movement spread out over no fewer~~

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1 ~~than two days per week, to participate in basic activities~~

2 ~~such as those listed in paragraph (A).~~

3 (B) The participant shall admit any person or agent

4 designated by the supervising authority into his or her

5 residence at any time for purposes of verifying the

6 participant's compliance with the conditions of his or her

7 detention.

8 (C) The participant shall make the necessary

9 arrangements to allow for any person or agent designated

10 by the supervising authority to visit the participant's

11 place of education or employment at any time, based upon

12 the approval of the educational institution employer or

13 both, for the purpose of verifying the participant's

14 compliance with the conditions of his or her detention.

15 (D) The participant shall acknowledge and participate

16 with the approved electronic monitoring device as

17 designated by the supervising authority at any time for

18 the purpose of verifying the participant's compliance with

19 the conditions of his or her detention.

20 (E) The participant shall maintain the following:

21 (1) ~~access to~~ a working telephone in the

22 participant's home;

23 (2) a monitoring device in the participant's home,

24 or on the participant's person, or both; and

25 (3) a monitoring device in the participant's home

26 and on the participant's person in the absence of a

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1 telephone.

2 (F) The participant shall obtain approval from the

3 supervising authority before the participant changes

4 residence or the schedule described in subsection (A) of

5 this Section. ~~Such approval shall not be unreasonably~~

6 ~~withheld.~~

7 (G) The participant shall not commit another crime

8 during the period of home detention ordered by the Court.

9 (H) Notice to the participant that violation of the

10 order for home detention may subject the participant to

11 prosecution for the crime of escape as described in

12 Section 5-8A-4.1.

13 (I) The participant shall abide by other conditions as

14 set by the supervising authority.

15 (J) This Section takes effect January 1, 2022.

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

17 revised 8-3-21.)

18 (730 ILCS 5/5-8A-4.1)

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

20 of the electronic monitoring or home detention program.

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

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

23 committed by an adult, would constitute a felony,

24 conditionally released from the supervising authority through

25 an electronic monitoring or home detention program, who

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1 knowingly violates a condition of the electronic monitoring or

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

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

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

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

6 committed by an adult, would constitute a misdemeanor,

7 conditionally released from the supervising authority through

8 an electronic monitoring or home detention program, who

9 knowingly violates a condition of the electronic monitoring or

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

11 ~~48 hours~~ is guilty of a Class B misdemeanor.

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

13 dangerous weapon is guilty of a Class 1 felony.

14 (Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17;

15 101-652.)

16 (730 ILCS 5/5-6-3.8 rep.)

17 Section 265. The Unified Code of Corrections is amended by

18 repealing Section 5-6-3.8.

19 Section 270. The Probation and Probation Officers Act is

20 amended by changing Section 18 as follows:

21 (730 ILCS 110/18)

22 Sec. 18. Probation and court services departments

23 considered pretrial services agencies. For the purposes of

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1 administering the provisions of Public Act 95-773, known as

2 the Cindy Bischof Law, all probation and court services

3 departments are to be considered pretrial services agencies

4 under the Pretrial Services Act and under the ~~pretrial release~~

5 bail bond provisions of the Code of Criminal Procedure of

6 1963.

7 (Source: P.A. 96-341, eff. 8-11-09; 101-652.)

8 Section 275. The County Jail Act is amended by changing

9 Section 5 as follows:

10 (730 ILCS 125/5) (from Ch. 75, par. 105)

11 Sec. 5. Costs of maintaining prisoners.

12 (a) Except as provided in subsections (b) and (c), all

13 costs of maintaining persons committed for violations of

14 Illinois law, shall be the responsibility of the county.

15 Except as provided in subsection (b), all costs of maintaining

16 persons committed under any ordinance or resolution of a unit

17 of local government, including medical costs, is the

18 responsibility of the unit of local government enacting the

19 ordinance or resolution, and arresting the person.

20 (b) If a person who is serving a term of mandatory

21 supervised release for a felony is incarcerated in a county

22 jail, the Illinois Department of Corrections shall pay the

23 county in which that jail is located one-half of the cost of

24 incarceration, as calculated by the Governor's Office of

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1 Management and Budget and the county's chief financial

2 officer, for each day that the person remains in the county

3 jail after notice of the incarceration is given to the

4 Illinois Department of Corrections by the county, provided

5 that (i) the Illinois Department of Corrections has issued a

6 warrant for an alleged violation of mandatory supervised

7 release by the person; (ii) if the person is incarcerated on a

8 new charge, unrelated to the offense for which he or she is on

9 mandatory supervised release, there has been a court hearing

10 at which ~~the conditions of pretrial release have~~ bail has been

11 set on the new charge; (iii) the county has notified the

12 Illinois Department of Corrections that the person is

13 incarcerated in the county jail, which notice shall not be

14 given until the bailhearing has concluded, if the person is

15 incarcerated on a new charge; and (iv) the person remains

16 incarcerated in the county jail for more than 48 hours after

17 the notice has been given to the Department of Corrections by

18 the county. Calculation of the per diem cost shall be agreed

19 upon prior to the passage of the annual State budget.

20 (c) If a person who is serving a term of mandatory

21 supervised release is incarcerated in a county jail, following

22 an arrest on a warrant issued by the Illinois Department of

23 Corrections, solely for violation of a condition of mandatory

24 supervised release and not on any new charges for a new

25 offense, then the Illinois Department of Corrections shall pay

26 the medical costs incurred by the county in securing treatment

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1 for that person, for any injury or condition other than one

2 arising out of or in conjunction with the arrest of the person

3 or resulting from the conduct of county personnel, while he or

4 she remains in the county jail on the warrant issued by the

5 Illinois Department of Corrections.

6 (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07;

7 101-652.)

8 Section 280. The County Jail Good Behavior Allowance Act

9 is amended by changing Section 3 as follows:

10 (730 ILCS 130/3) (from Ch. 75, par. 32)

11 Sec. 3. The good behavior of any person who commences a

12 sentence of confinement in a county jail for a fixed term of

13 imprisonment after January 1, 1987 shall entitle such person

14 to a good behavior allowance, except that: (1) a person who

15 inflicted physical harm upon another person in committing the

16 offense for which he is confined shall receive no good

17 behavior allowance; and (2) a person sentenced for an offense

18 for which the law provides a mandatory minimum sentence shall

19 not receive any portion of a good behavior allowance that

20 would reduce the sentence below the mandatory minimum; and (3)

21 a person sentenced to a county impact incarceration program;

22 and (4) a person who is convicted of criminal sexual assault

23 under subdivision (a)(3) of Section 11-1.20 or paragraph

24 (a)(3) of Section 12-13 of the Criminal Code of 1961 or the

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1 Criminal Code of 2012, criminal sexual abuse, or aggravated

2 criminal sexual abuse shall receive no good behavior

3 allowance. The good behavior allowance provided for in this

4 Section shall not apply to individuals sentenced for a felony

5 to probation or conditional discharge where a condition of

6 such probation or conditional discharge is that the individual

7 serve a sentence of periodic imprisonment or to individuals

8 sentenced under an order of court for civil contempt.

9 Such good behavior allowance shall be cumulative and

10 awarded as provided in this Section.

11 The good behavior allowance rate shall be cumulative and

12 awarded on the following basis:

13 The prisoner shall receive one day of good behavior

14 allowance for each day of service of sentence in the county

15 jail, and one day of good behavior allowance for each day of

16 incarceration in the county jail before sentencing for the

17 offense that he or she is currently serving sentence but was

18 unable to~~comply with the conditions of pretrial release~~ post

19 bail before sentencing, except that a prisoner serving a

20 sentence of periodic imprisonment under Section 5-7-1 of the

21 Unified Code of Corrections shall only be eligible to receive

22 good behavior allowance if authorized by the sentencing judge.

23 Each day of good behavior allowance shall reduce by one day the

24 prisoner's period of incarceration set by the court. For the

25 purpose of calculating a prisoner's good behavior allowance, a

26 fractional part of a day shall not be calculated as a day of

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1 service of sentence in the county jail unless the fractional

2 part of the day is over 12 hours in which case a whole day

3 shall be credited on the good behavior allowance.

4 If consecutive sentences are served and the time served

5 amounts to a total of one year or more, the good behavior

6 allowance shall be calculated on a continuous basis throughout

7 the entire time served beginning on the first date of sentence

8 or incarceration, as the case may be.

9 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;

10 101-652.)

11 Section 285. The Veterans and Servicemembers Court

12 Treatment Act is amended by changing Section 20 as follows:

13 (730 ILCS 167/20)

14 Sec. 20. Eligibility. Veterans and Servicemembers are

15 eligible for Veterans and Servicemembers Courts, provided the

16 following:

17 (a) A defendant, who is eligible for probation based on

18 the nature of the crime convicted of and in consideration of

19 his or her criminal background, if any, may be admitted into a

20 Veterans and Servicemembers Court program before adjudication

21 only upon the agreement of the defendant and with the approval

22 of the Court. A defendant may be admitted into a Veterans and

23 Servicemembers Court program post-adjudication only with the

24 approval of the court.

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1 (b) A defendant shall be excluded from Veterans and

2 Servicemembers Court program if any of one of the following

3 applies:

4 (1) The crime is a crime of violence as set forth in

5 clause (3) of this subsection (b).

6 (2) The defendant does not demonstrate a willingness

7 to participate in a treatment program.

8 (3) The defendant has been convicted of a crime of

9 violence within the past 10 years excluding incarceration

10 time, including first degree murder, second degree murder,

11 predatory criminal sexual assault of a child, aggravated

12 criminal sexual assault, criminal sexual assault, armed

13 robbery, aggravated arson, arson, aggravated kidnapping

14 and kidnapping, aggravated battery resulting in great

15 bodily harm or permanent disability, stalking, aggravated

16 stalking, or any offense involving the discharge of a

17 firearm.

18 (4) (Blank).

19 (5) ~~(Blank).~~ The crime for which the defendant has

20 been convicted is non-probationable.

21 (6) The sentence imposed on the defendant, whether the

22 result of a plea or a finding of guilt, renders the

23 defendant ineligible for probation.

24 (Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18;

25 101-652.)

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1 Section 290. The Mental Health Court Treatment Act is

2 amended by changing Section 20 as follows:

3 (730 ILCS 168/20)

4 Sec. 20. Eligibility.

5 (a) A defendant, who is eligible for probation based on

6 the nature of the crime convicted of and in consideration of

7 his or her criminal background, if any, may be admitted into a

8 mental health court program only upon the agreement of the

9 defendant and with the approval of the court.

10 (b) A defendant shall be excluded from a mental health

11 court program if any one of the following applies:

12 (1) The crime is a crime of violence as set forth in

13 clause (3) of this subsection (b).

14 (2) The defendant does not demonstrate a willingness

15 to participate in a treatment program.

16 (3) The defendant has been convicted of a crime of

17 violence within the past 10 years excluding incarceration

18 time. As used in this paragraph (3), "crime of violence"

19 means: first degree murder, second degree murder,

20 predatory criminal sexual assault of a child, aggravated

21 criminal sexual assault, criminal sexual assault, armed

22 robbery, aggravated arson, arson, aggravated kidnapping,

23 kidnapping, aggravated battery resulting in great bodily

24 harm or permanent disability, stalking, aggravated

25 stalking, or any offense involving the discharge of a

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1 firearm.

2 (4) (Blank).

3 (5) ~~(Blank).~~ The crime for which the defendant has

4 been convicted is non-probationable.

5 (6) The sentence imposed on the defendant, whether the

6 result of a plea or a finding of guilt, renders the

7 defendant ineligible for probation.

8 (c) A defendant charged with prostitution under Section

9 11-14 of the Criminal Code of 2012 may be admitted into a

10 mental health court program, if available in the jurisdiction

11 and provided that the requirements in subsections (a) and (b)

12 are satisfied. Mental health court programs may include

13 specialized service programs specifically designed to address

14 the trauma associated with prostitution and human trafficking,

15 and may offer those specialized services to defendants

16 admitted to the mental health court program. Judicial circuits

17 establishing these specialized programs shall partner with

18 prostitution and human trafficking advocates, survivors, and

19 service providers in the development of the programs.

20 (Source: P.A. 100-426, eff. 1-1-18; 101-652.)

21 Section 295. The Code of Civil Procedure is amended by

22 changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and

23 21-103 as follows:

24 (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)

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1 Sec. 10-106. Grant of relief - Penalty. Unless it shall

2 appear from the complaint itself, or from the documents

3 thereto annexed, that the party can neither be discharged,

4 admitted to ~~pretrial release~~ bail nor otherwise relieved, the

5 court shall forthwith award relief by habeas corpus. Any judge

6 empowered to grant relief by habeas corpus who shall corruptly

7 refuse to grant the relief when legally applied for in a case

8 where it may lawfully be granted, or who shall for the purpose

9 of oppression unreasonably delay the granting of such relief

10 shall, for every such offense, forfeit to the prisoner or

11 party affected a sum not exceeding $1,000.

12 (Source: P.A. 83-707; 101-652.)

13 (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)

14 Sec. 10-125. New commitment. In all cases where the

15 imprisonment is for a criminal, or supposed criminal matter,

16 if it appears to the court that there is sufficient legal cause

17 for the commitment of the prisoner, although such commitment

18 may have been informally made, or without due authority, or

19 the process may have been executed by a person not duly

20 authorized, the court shall make a new commitment in proper

21 form, and direct it to the proper officer, or admit the party

22 to ~~pretrial release~~ bailif the case is~~eligible for pretrial~~

23 ~~release~~ bailable. The court shall also, when necessary, take

24 the recognizance of all material witnesses against the

25 prisoner, as in other cases. The recognizances shall be in the

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1 form provided by law, and returned as other recognizances. If

2 any judge shall neglect or refuse to bind any such prisoner or

3 witness by recognizance, or to return a recognizance when

4 taken as hereinabove stated, he or she shall be guilty of a

5 Class A misdemeanor in office, and be proceeded against

6 accordingly.

7 (Source: P.A. 82-280; 101-652.)

8 (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)

9 Sec. 10-127. Grant of habeas corpus. It is not lawful for

10 any court, on a second order of habeas corpus obtained by such

11 prisoner, to discharge the prisoner, if he or she is clearly

12 and specifically charged in the warrant of commitment with a

13 criminal offense; but the court shall, on the return of such

14 second order, have power only to admit such prisoner to

15 ~~pretrial release~~ bail where the offense is ~~eligible for~~

16 ~~pretrial release~~ bailableby law, or remand him or her to

17 prison where the offense is not ~~eligible for pretrial release~~

18 bailable, or being ~~eligible for pretrial release~~ bailable,

19 where such prisoner fails to~~comply with the terms of pretrial~~

20 ~~release~~ give the bail required.

21 (Source: P.A. 82-280; 101-652.)

22 (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)

23 Sec. 10-135. Habeas corpus to testify. The several courts

24 having authority to grant relief by habeas corpus, may enter

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1 orders, when necessary, to bring before them any prisoner to

2 testify, or to be surrendered in discharge of ~~pretrial release~~

3 bail, or for trial upon any criminal charge lawfully pending

4 in the same court or to testify in a criminal proceeding in

5 another state as provided for by Section 2 of the "Uniform Act

6 to secure the attendance of witnesses from within or without a

7 state in criminal proceedings", approved July 23, 1959, as

8 heretofore or hereafter amended; and the order may be directed

9 to any county in the State, and there be served and returned by

10 any officer to whom it is directed.

11 (Source: P.A. 82-280; 101-652.)

12 (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)

13 Sec. 10-136. Prisoner remanded or punished. After a

14 prisoner has given his or her testimony, or been surrendered,

15 or his or her ~~pretrial release~~ bail discharged, or he or she

16 has been tried for the crime with which he or she is charged,

17 he or she shall be returned to the jail or other place of

18 confinement from which he or she was taken for that purpose. If

19 such prisoner is convicted of a crime punishable with death or

20 imprisonment in the penitentiary, he or she may be punished

21 accordingly; but in any case where the prisoner has been taken

22 from the penitentiary, and his or her punishment is by

23 imprisonment, the time of such imprisonment shall not commence

24 to run until the expiration of the time of service under any

25 former sentence.

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1 (Source: P.A. 82-280; 101-652.)

2 (735 ILCS 5/21-103)

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

4 Sec. 21-103. Notice by publication.

5 (a) Previous notice shall be given of the intended

6 application by publishing a notice thereof in some newspaper

7 published in the municipality in which the person resides if

8 the municipality is in a county with a population under

9 2,000,000, or if the person does not reside in a municipality

10 in a county with a population under 2,000,000, or if no

11 newspaper is published in the municipality or if the person

12 resides in a county with a population of 2,000,000 or more,

13 then in some newspaper published in the county where the

14 person resides, or if no newspaper is published in that

15 county, then in some convenient newspaper published in this

16 State. The notice shall be inserted for 3 consecutive weeks

17 after filing, the first insertion to be at least 6 weeks before

18 the return day upon which the petition is to be heard, and

19 shall be signed by the petitioner or, in case of a minor, the

20 minor's parent or guardian, and shall set forth the return day

21 of court on which the petition is to be heard and the name

22 sought to be assumed.

23 (b) The publication requirement of subsection (a) shall

24 not be required in any application for a change of name

25 involving a minor if, before making judgment under this

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1 Article, reasonable notice and opportunity to be heard is

2 given to any parent whose parental rights have not been

3 previously terminated and to any person who has physical

4 custody of the child. If any of these persons are outside this

5 State, notice and opportunity to be heard shall be given under

6 Section 21-104.

7 (b-3) The publication requirement of subsection (a) shall

8 not be required in any application for a change of name

9 involving a person who has received a judgment for dissolution

10 of marriage or declaration of invalidity of marriage and

11 wishes to change his or her name to resume the use of his or

12 her former or maiden name.

13 (b-5) Upon motion, the court may issue an order directing

14 that the notice and publication requirement be waived for a

15 change of name involving a person who files with the court a

16 written declaration that the person believes that publishing

17 notice of the name change would put the person at risk of

18 physical harm or discrimination. The person must provide

19 evidence to support the claim that publishing notice of the

20 name change would put the person at risk of physical harm or

21 discrimination.

22 (c) The Director of the Illinois State Police or his or her

23 designee may apply to the circuit court for an order directing

24 that the notice and publication requirements of this Section

25 be waived if the Director or his or her designee certifies that

26 the name change being sought is intended to protect a witness

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1 during and following a criminal investigation or proceeding.

2 (c-1) The court may enter a written order waiving the

3 publication requirement of subsection (a) if:

4 (i) the petitioner is 18 years of age or older; and

5 (ii) concurrent with the petition, the petitioner

6 files with the court a statement, verified under oath as

7 provided under Section 1-109 of this Code, attesting that

8 the petitioner is or has been a person protected under the

9 Illinois Domestic Violence Act of 1986, the Stalking No

10 Contact Order Act, the Civil No Contact Order Act, Article

11 112A of the Code of Criminal Procedure of 1963, a

12 condition of bail under subsections (b) through (d) of

13 Section 110-10 of the Code of Criminal Procedure of 1963,

14 or a similar provision of a law in another state or

15 jurisdiction.

16 The petitioner may attach to the statement any supporting

17 documents, including relevant court orders.

18 (c-2) If the petitioner files a statement attesting that

19 disclosure of the petitioner's address would put the

20 petitioner or any member of the petitioner's family or

21 household at risk or reveal the confidential address of a

22 shelter for domestic violence victims, that address may be

23 omitted from all documents filed with the court, and the

24 petitioner may designate an alternative address for service.

25 (c-3) Court administrators may allow domestic abuse

26 advocates, rape crisis advocates, and victim advocates to

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1 assist petitioners in the preparation of name changes under

2 subsection (c-1).

3 (c-4) If the publication requirements of subsection (a)

4 have been waived, the circuit court shall enter an order

5 impounding the case.

6 (d) The maximum rate charged for publication of a notice

7 under this Section may not exceed the lowest classified rate

8 paid by commercial users for comparable space in the newspaper

9 in which the notice appears and shall include all cash

10 discounts, multiple insertion discounts, and similar benefits

11 extended to the newspaper's regular customers.

12 (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;

13 102-538, eff. 8-20-21.)

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

15 Sec. 21-103. Notice by publication.

16 (a) Previous notice shall be given of the intended

17 application by publishing a notice thereof in some newspaper

18 published in the municipality in which the person resides if

19 the municipality is in a county with a population under

20 2,000,000, or if the person does not reside in a municipality

21 in a county with a population under 2,000,000, or if no

22 newspaper is published in the municipality or if the person

23 resides in a county with a population of 2,000,000 or more,

24 then in some newspaper published in the county where the

25 person resides, or if no newspaper is published in that

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1 county, then in some convenient newspaper published in this

2 State. The notice shall be inserted for 3 consecutive weeks

3 after filing, the first insertion to be at least 6 weeks before

4 the return day upon which the petition is to be heard, and

5 shall be signed by the petitioner or, in case of a minor, the

6 minor's parent or guardian, and shall set forth the return day

7 of court on which the petition is to be heard and the name

8 sought to be assumed.

9 (b) The publication requirement of subsection (a) shall

10 not be required in any application for a change of name

11 involving a minor if, before making judgment under this

12 Article, reasonable notice and opportunity to be heard is

13 given to any parent whose parental rights have not been

14 previously terminated and to any person who has physical

15 custody of the child. If any of these persons are outside this

16 State, notice and opportunity to be heard shall be given under

17 Section 21-104.

18 (b-3) The publication requirement of subsection (a) shall

19 not be required in any application for a change of name

20 involving a person who has received a judgment for dissolution

21 of marriage or declaration of invalidity of marriage and

22 wishes to change his or her name to resume the use of his or

23 her former or maiden name.

24 (b-5) Upon motion, the court may issue an order directing

25 that the notice and publication requirement be waived for a

26 change of name involving a person who files with the court a

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1 written declaration that the person believes that publishing

2 notice of the name change would put the person at risk of

3 physical harm or discrimination. The person must provide

4 evidence to support the claim that publishing notice of the

5 name change would put the person at risk of physical harm or

6 discrimination.

7 (c) The Director of the Illinois State Police or his or her

8 designee may apply to the circuit court for an order directing

9 that the notice and publication requirements of this Section

10 be waived if the Director or his or her designee certifies that

11 the name change being sought is intended to protect a witness

12 during and following a criminal investigation or proceeding.

13 (c-1) The court may enter a written order waiving the

14 publication requirement of subsection (a) if:

15 (i) the petitioner is 18 years of age or older; and

16 (ii) concurrent with the petition, the petitioner

17 files with the court a statement, verified under oath as

18 provided under Section 1-109 of this Code, attesting that

19 the petitioner is or has been a person protected under the

20 Illinois Domestic Violence Act of 1986, the Stalking No

21 Contact Order Act, the Civil No Contact Order Act, Article

22 112A of the Code of Criminal Procedure of 1963, a

23 condition of ~~pretrial release~~ bail under subsections (b)

24 through (d) of Section 110-10 of the Code of Criminal

25 Procedure of 1963, or a similar provision of a law in

26 another state or jurisdiction.

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1 The petitioner may attach to the statement any supporting

2 documents, including relevant court orders.

3 (c-2) If the petitioner files a statement attesting that

4 disclosure of the petitioner's address would put the

5 petitioner or any member of the petitioner's family or

6 household at risk or reveal the confidential address of a

7 shelter for domestic violence victims, that address may be

8 omitted from all documents filed with the court, and the

9 petitioner may designate an alternative address for service.

10 (c-3) Court administrators may allow domestic abuse

11 advocates, rape crisis advocates, and victim advocates to

12 assist petitioners in the preparation of name changes under

13 subsection (c-1).

14 (c-4) If the publication requirements of subsection (a)

15 have been waived, the circuit court shall enter an order

16 impounding the case.

17 (d) The maximum rate charged for publication of a notice

18 under this Section may not exceed the lowest classified rate

19 paid by commercial users for comparable space in the newspaper

20 in which the notice appears and shall include all cash

21 discounts, multiple insertion discounts, and similar benefits

22 extended to the newspaper's regular customers.

23 (Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;

24 101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised

25 10-12-21.)

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1 Section 300. The Civil No Contact Order Act is amended by

2 changing Section 220 as follows:

3 (740 ILCS 22/220)

4 Sec. 220. Enforcement of a civil no contact order.

5 (a) Nothing in this Act shall preclude any Illinois court

6 from enforcing a valid protective order issued in another

7 state.

8 (b) Illinois courts may enforce civil no contact orders

9 through both criminal proceedings and civil contempt

10 proceedings, unless the action which is second in time is

11 barred by collateral estoppel or the constitutional

12 prohibition against double jeopardy.

13 (b-1) The court shall not hold a school district or

14 private or non-public school or any of its employees in civil

15 or criminal contempt unless the school district or private or

16 non-public school has been allowed to intervene.

17 (b-2) The court may hold the parents, guardian, or legal

18 custodian of a minor respondent in civil or criminal contempt

19 for a violation of any provision of any order entered under

20 this Act for conduct of the minor respondent in violation of

21 this Act if the parents, guardian, or legal custodian

22 directed, encouraged, or assisted the respondent minor in such

23 conduct.

24 (c) Criminal prosecution. A violation of any civil no

25 contact order, whether issued in a civil or criminal

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1 proceeding, shall be enforced by a criminal court when the

2 respondent commits the crime of violation of a civil no

3 contact order pursuant to Section 219 by having knowingly

4 violated:

5 (1) remedies described in Section 213 and included in

6 a civil no contact order; or

7 (2) a provision of an order, which is substantially

8 similar to provisions of Section 213, in a valid civil no

9 contact order which is authorized under the laws of

10 another state, tribe, or United States territory.

11 Prosecution for a violation of a civil no contact order

12 shall not bar a concurrent prosecution for any other crime,

13 including any crime that may have been committed at the time of

14 the violation of the civil no contact order.

15 (d) Contempt of court. A violation of any valid Illinois

16 civil no contact order, whether issued in a civil or criminal

17 proceeding, may be enforced through civil or criminal contempt

18 procedures, as appropriate, by any court with jurisdiction,

19 regardless of where the act or acts which violated the civil no

20 contact order were committed, to the extent consistent with

21 the venue provisions of this Act.

22 (1) In a contempt proceeding where the petition for a

23 rule to show cause or petition for adjudication of

24 criminal contempt sets forth facts evidencing an immediate

25 danger that the respondent will flee the jurisdiction or

26 inflict physical abuse on the petitioner or minor children

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1 or on dependent adults in the petitioner's care, the court

2 may order the attachment of the respondent without prior

3 service of the petition for a rule to show cause, the rule

4 to show cause, the petition for adjudication of criminal

5 contempt or the adjudication of criminal contempt.

6 ~~Conditions of release~~ Bond shall be set unless

7 specifically denied in writing.

8 (2) A petition for a rule to show cause or a petition

9 for adjudication of criminal contempt for violation of a

10 civil no contact order shall be treated as an expedited

11 proceeding.

12 (e) Actual knowledge. A civil no contact order may be

13 enforced pursuant to this Section if the respondent violates

14 the order after the respondent has actual knowledge of its

15 contents as shown through one of the following means:

16 (1) by service, delivery, or notice under Section 208;

17 (2) by notice under Section 218;

18 (3) by service of a civil no contact order under

19 Section 218; or

20 (4) by other means demonstrating actual knowledge of

21 the contents of the order.

22 (f) The enforcement of a civil no contact order in civil or

23 criminal court shall not be affected by either of the

24 following:

25 (1) the existence of a separate, correlative order,

26 entered under Section 202; or

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1 (2) any finding or order entered in a conjoined

2 criminal proceeding.

3 (g) Circumstances. The court, when determining whether or

4 not a violation of a civil no contact order has occurred, shall

5 not require physical manifestations of abuse on the person of

6 the victim.

7 (h) Penalties.

8 (1) Except as provided in paragraph (3) of this

9 subsection, where the court finds the commission of a

10 crime or contempt of court under subsection (a) or (b) of

11 this Section, the penalty shall be the penalty that

12 generally applies in such criminal or contempt

13 proceedings, and may include one or more of the following:

14 incarceration, payment of restitution, a fine, payment of

15 attorneys' fees and costs, or community service.

16 (2) The court shall hear and take into account

17 evidence of any factors in aggravation or mitigation

18 before deciding an appropriate penalty under paragraph (1)

19 of this subsection.

20 (3) To the extent permitted by law, the court is

21 encouraged to:

22 (i) increase the penalty for the knowing violation

23 of any civil no contact order over any penalty

24 previously imposed by any court for respondent's

25 violation of any civil no contact order or penal

26 statute involving petitioner as victim and respondent

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1 as defendant;

2 (ii) impose a minimum penalty of 24 hours

3 imprisonment for respondent's first violation of any

4 civil no contact order; and

5 (iii) impose a minimum penalty of 48 hours

6 imprisonment for respondent's second or subsequent

7 violation of a civil no contact order unless the court

8 explicitly finds that an increased penalty or that

9 period of imprisonment would be manifestly unjust.

10 (4) In addition to any other penalties imposed for a

11 violation of a civil no contact order, a criminal court

12 may consider evidence of any previous violations of a

13 civil no contact order:

14 (i) to increase, revoke or modify the ~~conditions~~

15 ~~of pretrial release~~ bail bond on an underlying

16 criminal charge pursuant to Section 110-6 of the Code

17 of Criminal Procedure of 1963;

18 (ii) to revoke or modify an order of probation,

19 conditional discharge or supervision, pursuant to

20 Section 5-6-4 of the Unified Code of Corrections; or

21 (iii) to revoke or modify a sentence of periodic

22 imprisonment, pursuant to Section 5-7-2 of the Unified

23 Code of Corrections.

24 (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;

25 101-652.)

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1 Section 305. The Illinois Domestic Violence Act of 1986 is

2 amended by changing Sections 223 and 301 as follows:

3 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)

4 Sec. 223. Enforcement of orders of protection.

5 (a) When violation is crime. A violation of any order of

6 protection, whether issued in a civil or criminal proceeding,

7 shall be enforced by a criminal court when:

8 (1) The respondent commits the crime of violation of

9 an order of protection pursuant to Section 12-3.4 or 12-30

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

11 by having knowingly violated:

12 (i) remedies described in paragraphs (1), (2),

13 (3), (14), or (14.5) of subsection (b) of Section 214

14 of this Act; or

15 (ii) a remedy, which is substantially similar to

16 the remedies authorized under paragraphs (1), (2),

17 (3), (14), and (14.5) of subsection (b) of Section 214

18 of this Act, in a valid order of protection which is

19 authorized under the laws of another state, tribe, or

20 United States territory; or

21 (iii) any other remedy when the act constitutes a

22 crime against the protected parties as defined by the

23 Criminal Code of 1961 or the Criminal Code of 2012.

24 Prosecution for a violation of an order of protection

25 shall not bar concurrent prosecution for any other crime,

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1 including any crime that may have been committed at the

2 time of the violation of the order of protection; or

3 (2) The respondent commits the crime of child

4 abduction pursuant to Section 10-5 of the Criminal Code of

5 1961 or the Criminal Code of 2012, by having knowingly

6 violated:

7 (i) remedies described in paragraphs (5), (6) or

8 (8) of subsection (b) of Section 214 of this Act; or

9 (ii) a remedy, which is substantially similar to

10 the remedies authorized under paragraphs (5), (6), or

11 (8) of subsection (b) of Section 214 of this Act, in a

12 valid order of protection which is authorized under

13 the laws of another state, tribe, or United States

14 territory.

15 (b) When violation is contempt of court. A violation of

16 any valid Illinois order of protection, whether issued in a

17 civil or criminal proceeding, may be enforced through civil or

18 criminal contempt procedures, as appropriate, by any court

19 with jurisdiction, regardless where the act or acts which

20 violated the order of protection were committed, to the extent

21 consistent with the venue provisions of this Act. Nothing in

22 this Act shall preclude any Illinois court from enforcing any

23 valid order of protection issued in another state. Illinois

24 courts may enforce orders of protection through both criminal

25 prosecution and contempt proceedings, unless the action which

26 is second in time is barred by collateral estoppel or the

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1 constitutional prohibition against double jeopardy.

2 (1) In a contempt proceeding where the petition for a

3 rule to show cause sets forth facts evidencing an

4 immediate danger that the respondent will flee the

5 jurisdiction, conceal a child, or inflict physical abuse

6 on the petitioner or minor children or on dependent adults

7 in petitioner's care, the court may order the attachment

8 of the respondent without prior service of the rule to

9 show cause or the petition for a rule to show cause.

10 ~~Conditions of release~~ Bondshall be set unless

11 specifically denied in writing.

12 (2) A petition for a rule to show cause for violation

13 of an order of protection shall be treated as an expedited

14 proceeding.

15 (b-1) The court shall not hold a school district or

16 private or non-public school or any of its employees in civil

17 or criminal contempt unless the school district or private or

18 non-public school has been allowed to intervene.

19 (b-2) The court may hold the parents, guardian, or legal

20 custodian of a minor respondent in civil or criminal contempt

21 for a violation of any provision of any order entered under

22 this Act for conduct of the minor respondent in violation of

23 this Act if the parents, guardian, or legal custodian

24 directed, encouraged, or assisted the respondent minor in such

25 conduct.

26 (c) Violation of custody or support orders or temporary or

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1 final judgments allocating parental responsibilities. A

2 violation of remedies described in paragraphs (5), (6), (8),

3 or (9) of subsection (b) of Section 214 of this Act may be

4 enforced by any remedy provided by Section 607.5 of the

5 Illinois Marriage and Dissolution of Marriage Act. The court

6 may enforce any order for support issued under paragraph (12)

7 of subsection (b) of Section 214 in the manner provided for

8 under Parts V and VII of the Illinois Marriage and Dissolution

9 of Marriage Act.

10 (d) Actual knowledge. An order of protection may be

11 enforced pursuant to this Section if the respondent violates

12 the order after the respondent has actual knowledge of its

13 contents as shown through one of the following means:

14 (1) By service, delivery, or notice under Section 210.

15 (2) By notice under Section 210.1 or 211.

16 (3) By service of an order of protection under Section

17 222.

18 (4) By other means demonstrating actual knowledge of

19 the contents of the order.

20 (e) The enforcement of an order of protection in civil or

21 criminal court shall not be affected by either of the

22 following:

23 (1) The existence of a separate, correlative order,

24 entered under Section 215.

25 (2) Any finding or order entered in a conjoined

26 criminal proceeding.

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1 (f) Circumstances. The court, when determining whether or

2 not a violation of an order of protection has occurred, shall

3 not require physical manifestations of abuse on the person of

4 the victim.

5 (g) Penalties.

6 (1) Except as provided in paragraph (3) of this

7 subsection, where the court finds the commission of a

8 crime or contempt of court under subsections (a) or (b) of

9 this Section, the penalty shall be the penalty that

10 generally applies in such criminal or contempt

11 proceedings, and may include one or more of the following:

12 incarceration, payment of restitution, a fine, payment of

13 attorneys' fees and costs, or community service.

14 (2) The court shall hear and take into account

15 evidence of any factors in aggravation or mitigation

16 before deciding an appropriate penalty under paragraph (1)

17 of this subsection.

18 (3) To the extent permitted by law, the court is

19 encouraged to:

20 (i) increase the penalty for the knowing violation

21 of any order of protection over any penalty previously

22 imposed by any court for respondent's violation of any

23 order of protection or penal statute involving

24 petitioner as victim and respondent as defendant;

25 (ii) impose a minimum penalty of 24 hours

26 imprisonment for respondent's first violation of any

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1 order of protection; and

2 (iii) impose a minimum penalty of 48 hours

3 imprisonment for respondent's second or subsequent

4 violation of an order of protection

5 unless the court explicitly finds that an increased

6 penalty or that period of imprisonment would be manifestly

7 unjust.

8 (4) In addition to any other penalties imposed for a

9 violation of an order of protection, a criminal court may

10 consider evidence of any violations of an order of

11 protection:

12 (i) to increase, revoke or modify the ~~conditions~~

13 ~~of pretrial release~~ bail bondon an underlying

14 criminal charge pursuant to Section 110-6 of the Code

15 of Criminal Procedure of 1963;

16 (ii) to revoke or modify an order of probation,

17 conditional discharge or supervision, pursuant to

18 Section 5-6-4 of the Unified Code of Corrections;

19 (iii) to revoke or modify a sentence of periodic

20 imprisonment, pursuant to Section 5-7-2 of the Unified

21 Code of Corrections.

22 (5) In addition to any other penalties, the court

23 shall impose an additional fine of $20 as authorized by

24 Section 5-9-1.11 of the Unified Code of Corrections upon

25 any person convicted of or placed on supervision for a

26 violation of an order of protection. The additional fine

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1 shall be imposed for each violation of this Section.

2 (Source: P.A. 99-90, eff. 1-1-16; 101-652.)

3 (750 ILCS 60/301) (from Ch. 40, par. 2313-1)

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

5 Sec. 301. Arrest without warrant.

6 (a) Any law enforcement officer may make an arrest without

7 warrant if the officer has probable cause to believe that the

8 person has committed or is committing any crime, including but

9 not limited to violation of an order of protection, under

10 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

11 Criminal Code of 2012, even if the crime was not committed in

12 the presence of the officer.

13 (b) The law enforcement officer may verify the existence

14 of an order of protection by telephone or radio communication

15 with his or her law enforcement agency or by referring to the

16 copy of the order, or order of protection described on a Hope

17 Card under Section 219.5, provided by the petitioner or

18 respondent.

19 (c) Any law enforcement officer may make an arrest without

20 warrant if the officer has reasonable grounds to believe a

21 defendant at liberty under the provisions of subdivision

22 (d)(1) or (d)(2) of Section 110-10 of the Code of Criminal

23 Procedure of 1963 has violated a condition of his or her bail

24 bond or recognizance.

25 (Source: P.A. 102-481, eff. 1-1-22.)

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

2 Sec. 301. Arrest without warrant.

3 (a) Any law enforcement officer may make an arrest without

4 warrant if the officer has probable cause to believe that the

5 person has committed or is committing any crime, including but

6 not limited to violation of an order of protection, under

7 Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the

8 Criminal Code of 2012, even if the crime was not committed in

9 the presence of the officer.

10 (b) The law enforcement officer may verify the existence

11 of an order of protection by telephone or radio communication

12 with his or her law enforcement agency or by referring to the

13 copy of the order, or order of protection described on a Hope

14 Card under Section 219.5, provided by the petitioner or

15 respondent.

16 (c) Any law enforcement officer may make an arrest without

17 warrant if the officer has reasonable grounds to believe a

18 defendant at liberty under the provisions of subdivision

19 (d)(1) or (d)(2) of Section 110-10 of the Code of Criminal

20 Procedure of 1963 has violated a condition of his or her

21 ~~pretrial release~~ bail bond or recognizance.

22 (Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;

23 revised 10-14-21.)

24 Section 310. The Industrial and Linen Supplies Marking Law

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1 is amended by changing Section 11 as follows:

2 (765 ILCS 1045/11) (from Ch. 140, par. 111)

3 Sec. 11. Search warrant.

4 Whenever the registrant, or officer, or authorized agent

5 of any firm, partnership or corporation which is a registrant

6 under this Act, takes an oath before any circuit court, that he

7 has reason to believe that any supplies are being unlawfully

8 used, sold, or secreted in any place, the court shall issue a

9 search warrant to any police officer authorizing such officer

10 to search the premises wherein it is alleged such articles may

11 be found and take into custody any person in whose possession

12 the articles are found. Any person so seized shall be taken

13 without unnecessary delay before the court issuing the search

14 warrant. The court is empowered to impose ~~conditions of~~

15 ~~pretrial release~~ bailon any such person to compel his

16 attendance at any continued hearing.

17 (Source: P.A. 77-1273; 101-652.)

18 Section 315. The Illinois Torture Inquiry and Relief

19 Commission Act is amended by changing Section 50 as follows:

20 (775 ILCS 40/50)

21 Sec. 50. Post-commission judicial review.

22 (a) If the Commission concludes there is sufficient

23 evidence of torture to merit judicial review, the Chair of the

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1 Commission shall request the Chief Judge of the Circuit Court

2 of Cook County for assignment to a trial judge for

3 consideration. The court may receive proof by affidavits,

4 depositions, oral testimony, or other evidence. In its

5 discretion the court may order the petitioner brought before

6 the court for the hearing. Notwithstanding the status of any

7 other postconviction proceedings relating to the petitioner,

8 if the court finds in favor of the petitioner, it shall enter

9 an appropriate order with respect to the judgment or sentence

10 in the former proceedings and such supplementary orders as to

11 rearraignment, retrial, custody,~~pretrial release~~ bail or

12 discharge, or for such relief as may be granted under a

13 petition for a certificate of innocence, as may be necessary

14 and proper.

15 (b) The State's Attorney, or the State's Attorney's

16 designee, shall represent the State at the hearing before the

17 assigned judge.

18 (Source: P.A. 96-223, eff. 8-10-09; 101-652.)

19 Section 320. The Unemployment Insurance Act is amended by

20 changing Section 602 as follows:

21 (820 ILCS 405/602) (from Ch. 48, par. 432)

22 Sec. 602. Discharge for misconduct - Felony.

23 A. An individual shall be ineligible for benefits for the

24 week in which he has been discharged for misconduct connected

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1 with his work and, thereafter, until he has become reemployed

2 and has had earnings equal to or in excess of his current

3 weekly benefit amount in each of four calendar weeks which are

4 either for services in employment, or have been or will be

5 reported pursuant to the provisions of the Federal Insurance

6 Contributions Act by each employing unit for which such

7 services are performed and which submits a statement

8 certifying to that fact. The requalification requirements of

9 the preceding sentence shall be deemed to have been satisfied,

10 as of the date of reinstatement, if, subsequent to his

11 discharge by an employing unit for misconduct connected with

12 his work, such individual is reinstated by such employing

13 unit. For purposes of this subsection, the term "misconduct"

14 means the deliberate and willful violation of a reasonable

15 rule or policy of the employing unit, governing the

16 individual's behavior in performance of his work, provided

17 such violation has harmed the employing unit or other

18 employees or has been repeated by the individual despite a

19 warning or other explicit instruction from the employing unit.

20 The previous definition notwithstanding, "misconduct" shall

21 include any of the following work-related circumstances:

22 1. Falsification of an employment application, or any

23 other documentation provided to the employer, to obtain

24 employment through subterfuge.

25 2. Failure to maintain licenses, registrations, and

26 certifications reasonably required by the employer, or

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1 those that the individual is required to possess by law,

2 to perform his or her regular job duties, unless the

3 failure is not within the control of the individual.

4 3. Knowing, repeated violation of the attendance

5 policies of the employer that are in compliance with State

6 and federal law following a written warning for an

7 attendance violation, unless the individual can

8 demonstrate that he or she has made a reasonable effort to

9 remedy the reason or reasons for the violations or that

10 the reason or reasons for the violations were out of the

11 individual's control. Attendance policies of the employer

12 shall be reasonable and provided to the individual in

13 writing, electronically, or via posting in the workplace.

14 4. Damaging the employer's property through conduct

15 that is grossly negligent.

16 5. Refusal to obey an employer's reasonable and lawful

17 instruction, unless the refusal is due to the lack of

18 ability, skills, or training for the individual required

19 to obey the instruction or the instruction would result in

20 an unsafe act.

21 6. Consuming alcohol or illegal or non-prescribed

22 prescription drugs, or using an impairing substance in an

23 off-label manner, on the employer's premises during

24 working hours in violation of the employer's policies.

25 7. Reporting to work under the influence of alcohol,

26 illegal or non-prescribed prescription drugs, or an

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1 impairing substance used in an off-label manner in

2 violation of the employer's policies, unless the

3 individual is compelled to report to work by the employer

4 outside of scheduled and on-call working hours and informs

5 the employer that he or she is under the influence of

6 alcohol, illegal or non-prescribed prescription drugs, or

7 an impairing substance used in an off-label manner in

8 violation of the employer's policies.

9 8. Grossly negligent conduct endangering the safety of

10 the individual or co-workers.

11 For purposes of paragraphs 4 and 8, conduct is "grossly

12 negligent" when the individual is, or reasonably should be,

13 aware of a substantial risk that the conduct will result in the

14 harm sought to be prevented and the conduct constitutes a

15 substantial deviation from the standard of care a reasonable

16 person would exercise in the situation.

17 Nothing in paragraph 6 or 7 prohibits the lawful use of

18 over-the-counter drug products as defined in Section 206 of

19 the Illinois Controlled Substances Act, provided that the

20 medication does not affect the safe performance of the

21 employee's work duties.

22 B. Notwithstanding any other provision of this Act, no

23 benefit rights shall accrue to any individual based upon wages

24 from any employer for service rendered prior to the day upon

25 which such individual was discharged because of the commission

26 of a felony in connection with his work, or because of theft in

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1 connection with his work, for which the employer was in no way

2 responsible; provided, that the employer notified the Director

3 of such possible ineligibility within the time limits

4 specified by regulations of the Director, and that the

5 individual has admitted his commission of the felony or theft

6 to a representative of the Director, or has signed a written

7 admission of such act and such written admission has been

8 presented to a representative of the Director, or such act has

9 resulted in a conviction or order of supervision by a court of

10 competent jurisdiction; and provided further, that if by

11 reason of such act, he is in legal custody, held on~~pretrial~~

12 ~~release~~ bailor is a fugitive from justice, the determination

13 of his benefit rights shall be held in abeyance pending the

14 result of any legal proceedings arising therefrom.

15 (Source: P.A. 99-488, eff. 1-3-16; 101-652.)

16 (730 ILCS 5/3-6-7.1 rep.)

17 (730 ILCS 5/3-6-7.2 rep.)

18 (730 ILCS 5/3-6-7.3 rep.)

19 (730 ILCS 5/3-6-7.4 rep.)

20 Section 325. The Unified Code of Corrections is amended by

21 repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.

22 (730 ILCS 125/17.6 rep.)

23 (730 ILCS 125/17.7 rep.)

24 (730 ILCS 125/17.8 rep.)

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1 (730 ILCS 125/17.9 rep.)

2 Section 330. The County Jail Act is amended by repealing

3 Sections 17.6, 17.7, 17.8, and 17.9.

4 Section 335. The Unified Code of Corrections is amended by

5 changing Section 5-4-1 as follows:

6 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)

7 Sec. 5-4-1. Sentencing hearing.

8 (a) Except when the death penalty is sought under hearing

9 procedures otherwise specified, after a determination of

10 guilt, a hearing shall be held to impose the sentence.

11 However, prior to the imposition of sentence on an individual

12 being sentenced for an offense based upon a charge for a

13 violation of Section 11-501 of the Illinois Vehicle Code or a

14 similar provision of a local ordinance, the individual must

15 undergo a professional evaluation to determine if an alcohol

16 or other drug abuse problem exists and the extent of such a

17 problem. Programs conducting these evaluations shall be

18 licensed by the Department of Human Services. However, if the

19 individual is not a resident of Illinois, the court may, in its

20 discretion, accept an evaluation from a program in the state

21 of such individual's residence. The court may in its

22 sentencing order approve an eligible defendant for placement

23 in a Department of Corrections impact incarceration program as

24 provided in Section 5-8-1.1 or 5-8-1.3. The court may in its

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1 sentencing order recommend a defendant for placement in a

2 Department of Corrections substance abuse treatment program as

3 provided in paragraph (a) of subsection (1) of Section 3-2-2

4 conditioned upon the defendant being accepted in a program by

5 the Department of Corrections. At the hearing the court shall:

6 (1) consider the evidence, if any, received upon the

7 trial;

8 (2) consider any presentence reports;

9 (3) consider the financial impact of incarceration

10 based on the financial impact statement filed with the

11 clerk of the court by the Department of Corrections;

12 (4) consider evidence and information offered by the

13 parties in aggravation and mitigation;

14 (4.5) consider substance abuse treatment, eligibility

15 screening, and an assessment, if any, of the defendant by

16 an agent designated by the State of Illinois to provide

17 assessment services for the Illinois courts;

18 (5) hear arguments as to sentencing alternatives;

19 (6) afford the defendant the opportunity to make a

20 statement in his own behalf;

21 (7) afford the victim of a violent crime or a

22 violation of Section 11-501 of the Illinois Vehicle Code,

23 or a similar provision of a local ordinance, the

24 opportunity to present an oral or written statement, as

25 guaranteed by Article I, Section 8.1 of the Illinois

26 Constitution and provided in Section 6 of the Rights of

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1 Crime Victims and Witnesses Act. The court shall allow a

2 victim to make an oral statement if the victim is present

3 in the courtroom and requests to make an oral or written

4 statement. An oral or written statement includes the

5 victim or a representative of the victim reading the

6 written statement. The court may allow persons impacted by

7 the crime who are not victims under subsection (a) of

8 Section 3 of the Rights of Crime Victims and Witnesses Act

9 to present an oral or written statement. A victim and any

10 person making an oral statement shall not be put under

11 oath or subject to cross-examination. All statements

12 offered under this paragraph (7) shall become part of the

13 record of the court. In this paragraph (7), "victim of a

14 violent crime" means a person who is a victim of a violent

15 crime for which the defendant has been convicted after a

16 bench or jury trial or a person who is the victim of a

17 violent crime with which the defendant was charged and the

18 defendant has been convicted under a plea agreement of a

19 crime that is not a violent crime as defined in subsection

20 (c) of 3 of the Rights of Crime Victims and Witnesses Act;

21 (7.5) afford a qualified person affected by: (i) a

22 violation of Section 405, 405.1, 405.2, or 407 of the

23 Illinois Controlled Substances Act or a violation of

24 Section 55 or Section 65 of the Methamphetamine Control

25 and Community Protection Act; or (ii) a Class 4 felony

26 violation of Section 11-14, 11-14.3 except as described in

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1 subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

2 11-18.1, or 11-19 of the Criminal Code of 1961 or the

3 Criminal Code of 2012, committed by the defendant the

4 opportunity to make a statement concerning the impact on

5 the qualified person and to offer evidence in aggravation

6 or mitigation; provided that the statement and evidence

7 offered in aggravation or mitigation shall first be

8 prepared in writing in conjunction with the State's

9 Attorney before it may be presented orally at the hearing.

10 Sworn testimony offered by the qualified person is subject

11 to the defendant's right to cross-examine. All statements

12 and evidence offered under this paragraph (7.5) shall

13 become part of the record of the court. In this paragraph

14 (7.5), "qualified person" means any person who: (i) lived

15 or worked within the territorial jurisdiction where the

16 offense took place when the offense took place; or (ii) is

17 familiar with various public places within the territorial

18 jurisdiction where the offense took place when the offense

19 took place. "Qualified person~~"~~ includes any peace officer

20 or any member of any duly organized State, county, or

21 municipal peace officer unit assigned to the territorial

22 jurisdiction where the offense took place when the offense

23 took place;

24 (8) in cases of reckless homicide afford the victim's

25 spouse, guardians, parents or other immediate family

26 members an opportunity to make oral statements;

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1 (9) in cases involving a felony sex offense as defined

2 under the Sex Offender Management Board Act, consider the

3 results of the sex offender evaluation conducted pursuant

4 to Section 5-3-2 of this Act; and

5 (10) make a finding of whether a motor vehicle was

6 used in the commission of the offense for which the

7 defendant is being sentenced.

8 (b) All sentences shall be imposed by the judge based upon

9 his independent assessment of the elements specified above and

10 any agreement as to sentence reached by the parties. The judge

11 who presided at the trial or the judge who accepted the plea of

12 guilty shall impose the sentence unless he is no longer

13 sitting as a judge in that court. Where the judge does not

14 impose sentence at the same time on all defendants who are

15 convicted as a result of being involved in the same offense,

16 the defendant or the State's Attorney may advise the

17 sentencing court of the disposition of any other defendants

18 who have been sentenced.

19 (b-1) In imposing a sentence of imprisonment or periodic

20 imprisonment for a Class 3 or Class 4 felony for which a

21 sentence of probation or conditional discharge is an available

22 sentence, if the defendant has no prior sentence of probation

23 or conditional discharge and no prior conviction for a violent

24 crime, the defendant shall not be sentenced to imprisonment

25 before review and consideration of a presentence report and

26 determination and explanation of why the particular evidence,

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1 information, factor in aggravation, factual finding, or other

2 reasons support a sentencing determination that one or more of

3 the factors under subsection (a) of Section 5-6-1 of this Code

4 apply and that probation or conditional discharge is not an

5 appropriate sentence.

6 (c) In imposing a sentence for a violent crime or for an

7 offense of operating or being in physical control of a vehicle

8 while under the influence of alcohol, any other drug or any

9 combination thereof, or a similar provision of a local

10 ordinance, when such offense resulted in the personal injury

11 to someone other than the defendant, the trial judge shall

12 specify on the record the particular evidence, information,

13 factors in mitigation and aggravation or other reasons that

14 led to his sentencing determination. The full verbatim record

15 of the sentencing hearing shall be filed with the clerk of the

16 court and shall be a public record.

17 (c-1) In imposing a sentence for the offense of aggravated

18 kidnapping for ransom, home invasion, armed robbery,

19 aggravated vehicular hijacking, aggravated discharge of a

20 firearm, or armed violence with a category I weapon or

21 category II weapon, the trial judge shall make a finding as to

22 whether the conduct leading to conviction for the offense

23 resulted in great bodily harm to a victim, and shall enter that

24 finding and the basis for that finding in the record.

25 ~~(c-1.5) Notwithstanding any other provision of law to the~~

26 ~~contrary, in imposing a sentence for an offense that requires~~

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1 ~~a mandatory minimum sentence of imprisonment, the court may~~

2 ~~instead sentence the offender to probation, conditional~~

3 ~~discharge, or a lesser term of imprisonment it deems~~

4 ~~appropriate if: (1) the offense involves the use or possession~~

5 ~~of drugs, retail theft, or driving on a revoked license due to~~

6 ~~unpaid financial obligations; (2) the court finds that the~~

7 ~~defendant does not pose a risk to public safety; and (3) the~~

8 ~~interest of justice requires imposing a term of probation,~~

9 ~~conditional discharge, or a lesser term of imprisonment. The~~

10 ~~court must state on the record its reasons for imposing~~

11 ~~probation, conditional discharge, or a lesser term of~~

12 ~~imprisonment.~~