Bill Text: IL HB3653 | 2019-2020 | 101st General Assembly | Enrolled
Bill Title: Creates the Statewide Use of Force Standardization Act. Provides that it is the intent of the General Assembly to establish statewide use of force standards for law enforcement agencies. Creates the No Representation Without Population Act. Provides that the State Board of Elections shall prepare redistricting population data to reflect incarcerated persons at their residential address prior to incarceration. Provides that this data shall be the basis of the Legislative and Representative Districts required to be created pursuant to Section 3 of Article IV of the Illinois Constitution. Provides that incarcerated populations residing at unknown geographic locations within the State shall not be used to determine the ideal population of any set of districts, wards, or precincts. Creates the Reporting of Deaths in Custody Act. Provides that the Illinois Criminal Justice Information Authority shall create a standardized form to be used for the purpose of collecting information about persons who die in custody of a law agency, a local or State correctional facility in the State, or a peace officer. Creates the Task Force on Constitutional Rights and Remedies Act. Creates the Task Force on Constitutional Rights and Remedies. Provides that the Task Force shall review available research, best practices, and effective interventions to formulate recommendations. Provides that the Task Force shall produce a report detailing the Task Force's findings and recommendations and needed resources. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor. Amends the Illinois Public Labor Relations Act. Provides that notwithstanding any provision of this Act, employers shall not be required to bargain over matters relating to the discipline or discharge of peace officers. Provisions in existing collective bargaining agreements that address the discipline or discharge of peace officers shall lapse by operation of law on the renewal or extension of existing collective bargaining agreements by whatever means, or the approval of a collective bargaining agreement by the corporate authorities of the employer after the effective date of this Act, without imposing a duty to bargain on employers. Amends the Criminal Code of 2012. Makes it official misconduct for an employee of a law enforcement agency to knowingly fail to turn on or turn off an officer-worn body camera when there is a reasonable opportunity to act in a manner that is consistent with the officer-worn body camera policy of the respective law enforcement agency or when he or she knowingly uses or communicates, directly or indirectly, information acquired in the course of employment. Provides that an employee of a law enforcement agency commits misconduct when he or she knowingly misrepresents facts describing an incident in a police report or during investigations regarding the law enforcement employee's conduct. Amends the Code of Criminal Procedure of 1963. Abolishes cash bail. Provides for pretrial release and eligibility for that release. Amends various Acts to make conforming changes. Amends the Unified Code of Corrections. Changes the terms for mandatory supervised release. Makes other changes. Amends the Open Meetings Act. Provides that deliberations for decisions of the Illinois State Police Merit Board, the Illinois Law Enforcement Training Standards Board and the Certification Review Panel regarding certification and decertification of law enforcement officers are not open meetings under the Act. Amends the Freedom of Information Act. Provides that information which is prohibited from disclosure by the Illinois Police Training Act is not subject to disclosure under the Act. Provides that records contained in the Officer Professional Conduct Database, except to the extent authorized under that provision are not subject to disclosure under the Act. Amends the State Employee Indemnification Act. Includes in the definition of "employee" the members of the Certification Review Panel. Amends the State Police Act concerning discipline of Illinois State Police officers and the appointment of the Illinois State Police Merit Board. Amends the Illinois Police Training Act. Changes the misdemeanor offenses for which a law enforcement officer may be decertified. Grants the Illinois Law Enforcement Training Standards Board the power: (1) to review and ensure all law enforcement officers remain in compliance with the Act, and any administrative rules adopted under the Act; and (2) to suspend any certificate for a definite period, limit or restrict any certificate, or revoke any certificate. Creates the Illinois Law Enforcement Certification Review Panel to make recommendations to the Board on the decertification of law enforcement officers. Effective July 1, 2021, except for certain provisions that are effective either January 1, 2022, January 1, 2023, or January 1, 2025.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Enrolled - Dead) 2021-01-14 - Added as Alternate Co-Sponsor Sen. Kimberly A. Lightford [HB3653 Detail]
Download: Illinois-2019-HB3653-Enrolled.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 1. | ||||||
5 | Statewide Use of Force Standardization | ||||||
6 | Section 1-1. Short title. This Article may be cited as the | ||||||
7 | Statewide Use of Force Standardization Act. References in this | ||||||
8 | Article to "this Act" mean this Article.
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9 | Section 1-5. Statement of purpose. It is the intent of the | ||||||
10 | General Assembly to establish statewide use of force standards | ||||||
11 | for law enforcement agencies effective January 1, 2022.
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12 | Article 2. | ||||||
13 | No Representation Without Population Act | ||||||
14 | Section 2-1. Short title. This Act may be cited as the No | ||||||
15 | Representation Without Population Act. References in this | ||||||
16 | Article to "this Act" mean this Article.
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17 | Section 2-3. Definition. As used in this Act, "Department" | ||||||
18 | means the Department of Corrections.
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1 | Section 2-5. Electronic records. The Department shall | ||||||
2 | collect and maintain an electronic record of the legal | ||||||
3 | residence, outside of any correctional facility, and other | ||||||
4 | demographic data for each person in custody or entering custody | ||||||
5 | on or after the effective date of this Act. At a minimum, this | ||||||
6 | record shall contain the person's last known complete street | ||||||
7 | address prior to incarceration, the person's race, whether the | ||||||
8 | person is of Hispanic or Latino origin, and whether the person | ||||||
9 | is 18 years of age or older. To the degree possible, the | ||||||
10 | Department shall also allow the legal residence to be updated | ||||||
11 | as appropriate.
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12 | Section 2-10. Reports to the State Board of Elections. | ||||||
13 | (a) Within 30 days after the effective date of this Act, | ||||||
14 | and thereafter, on or before May 1 of each year where the | ||||||
15 | federal decennial census is taken but in which the United | ||||||
16 | States Bureau of the Census allocates incarcerated persons as | ||||||
17 | residents of correctional facilities, the Department shall | ||||||
18 | deliver to the State Board of Elections the following | ||||||
19 | information: | ||||||
20 | (1) A unique identifier, not including the name or | ||||||
21 | Department-assigned inmate number, for each incarcerated | ||||||
22 | person subject to the jurisdiction of the Department on the | ||||||
23 | date for which the decennial census reports population. The | ||||||
24 | unique identifier shall enable the State Board of Elections | ||||||
25 | to address inquiries about specific address records to the |
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1 | Department, without making it possible for anyone outside | ||||||
2 | of the Department to identify the inmate to whom the | ||||||
3 | address record pertains. | ||||||
4 | (2) The street address of the correctional facility | ||||||
5 | where the person was incarcerated at the time of the | ||||||
6 | report. | ||||||
7 | (3) The last known address of the person prior to | ||||||
8 | incarceration or other legal residence, if known. | ||||||
9 | (4) The person's race, whether the person is of | ||||||
10 | Hispanic or Latino origin, and whether the person is age 18 | ||||||
11 | or older, if known. | ||||||
12 | (5) Any additional information as the State Board of | ||||||
13 | Elections may request pursuant to law. | ||||||
14 | (b) The Department shall provide the information specified | ||||||
15 | in subsection (a) in the form that the State Board of Elections | ||||||
16 | shall specify. | ||||||
17 | (c) Notwithstanding any other provision of law, the | ||||||
18 | information required to be provided to the State Board of | ||||||
19 | Elections pursuant to this Section shall not include the name | ||||||
20 | of any incarcerated person and shall not allow for the | ||||||
21 | identification of any person therefrom, except to the | ||||||
22 | Department. The information shall be treated as confidential | ||||||
23 | and shall not be disclosed by the State Board of Elections | ||||||
24 | except as redistricting data aggregated by census block for | ||||||
25 | purposes specified in Section 2-20.
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1 | Section 2-15. Federal facilities. The State Board of | ||||||
2 | Elections shall request each agency that operates a federal | ||||||
3 | facility in this State that incarcerates persons convicted of a | ||||||
4 | criminal offense to provide the State Board of Elections with a | ||||||
5 | report that includes the information listed in subsection (a) | ||||||
6 | of Section 2-10.
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7 | Section 2-20. State Board of Elections; redistricting | ||||||
8 | data. The State Board of Elections shall prepare redistricting | ||||||
9 | population data to reflect incarcerated persons at their | ||||||
10 | residential address, pursuant to Section 2-25. The data | ||||||
11 | prepared by the State Board of Elections shall be the basis of | ||||||
12 | the Legislative and Representative Districts required to be | ||||||
13 | created pursuant to Section 3 of Article IV of the Illinois | ||||||
14 | Constitution of 1970. Incarcerated populations residing at | ||||||
15 | unknown geographic locations within the State, as determined | ||||||
16 | under paragraph (2) of subsection (c) of Section 2-25, shall | ||||||
17 | not be used to determine the ideal population of any set of | ||||||
18 | districts, wards, or precincts.
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19 | Section 2-25. Determinations and data publication by the | ||||||
20 | State Board of Elections. | ||||||
21 | (a) For each person included in a report received under | ||||||
22 | Sections 2-10 and 2-15, the State Board of Elections shall | ||||||
23 | determine the geographic units for which population counts are | ||||||
24 | reported in the federal decennial census that contain the |
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1 | facility of incarceration and the legal residence as listed | ||||||
2 | according to the report. | ||||||
3 | (b) For each person included in a report received under | ||||||
4 | Sections 2-10 and 2-15, if the legal residence is known and in | ||||||
5 | this State, the State Board of Elections shall: | ||||||
6 | (1) ensure that the person is not represented in any | ||||||
7 | population counts reported by the State Board of Elections | ||||||
8 | for the geographic units that include the facility where | ||||||
9 | the person was incarcerated, unless that geographic unit | ||||||
10 | also includes the person's legal residence; and | ||||||
11 | (2) ensure that any population counts reported by the | ||||||
12 | State Board of Elections reflect the person's residential | ||||||
13 | address as reported under Sections 2-10 and 2-15. | ||||||
14 | (c) For each person included in a report received under | ||||||
15 | Sections 2-10 and 2-15 for whom a legal residence is unknown or | ||||||
16 | not in this State and for all persons reported in the census as | ||||||
17 | residing in a federal correctional facility for whom a report | ||||||
18 | was not provided, the State Board of Elections shall: | ||||||
19 | (1) ensure that the person is not represented in any | ||||||
20 | population counts reported by the State Board of Elections | ||||||
21 | for the geographic units that include the facility where | ||||||
22 | the person was incarcerated; and | ||||||
23 | (2) allocate the person to a State unit not tied to a | ||||||
24 | specific determined geographic location, as other State | ||||||
25 | residents with unknown State addresses are allocated. | ||||||
26 | (d) The data prepared by the State Board of Elections |
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1 | pursuant to this Section shall be completed and published no | ||||||
2 | later than 30 days after the date that federal decennial census | ||||||
3 | data required to be published by Public Law 94-171 is published | ||||||
4 | for the State of Illinois.
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5 | Section 2-30. Data; Legislative and Representative | ||||||
6 | Districts. The data prepared by the State Board of Elections in | ||||||
7 | Section 2-25 shall be used only as the basis for determining | ||||||
8 | Legislative and Representative Districts. Residences at | ||||||
9 | unknown geographic locations within the State under subsection | ||||||
10 | (c) of Section 2-25 shall not be used to determine the ideal | ||||||
11 | population of any set of districts, wards, or precincts. The | ||||||
12 | data prepared by the State Board of Elections in Section 2-25 | ||||||
13 | shall not be used in the distribution of any State or federal | ||||||
14 | aid.
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15 | Article 3. | ||||||
16 | Deaths in Custody | ||||||
17 | Section 3-1. Short title. This Article may be cited as the
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18 | Reporting of Deaths in Custody Act. References in this Article | ||||||
19 | to "this Act" mean this Article.
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20 | Section 3-5. Report of deaths of persons in custody in
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21 | correctional institutions.
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22 | (a) In this Act, "law enforcement agency" includes each law
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1 | enforcement entity within this State having the authority to
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2 | arrest and detain persons suspected of, or charged with,
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3 | committing a criminal offense, and each law enforcement entity
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4 | that operates a lock up, jail, prison, or any other facility
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5 | used to detain persons for legitimate law enforcement purposes. | ||||||
6 | (b) In any case in which a person dies:
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7 | (1) while in the custody of:
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8 | (A) a law enforcement agency; | ||||||
9 | (B) a local or State correctional facility in this
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10 | State; or
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11 | (C) a peace officer; or
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12 | (2) as a result of the peace officer's use of force,
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13 | the law enforcement agency shall investigate and report the
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14 | death in writing to the Illinois Criminal Justice | ||||||
15 | Information Authority, no later than 30 days
after the date | ||||||
16 | on which the person in custody or incarcerated
died. The | ||||||
17 | written report shall contain the following
information: | ||||||
18 | (A) facts concerning the death that are in the | ||||||
19 | possession of the law enforcement agency in charge of | ||||||
20 | the
investigation and the correctional facility where | ||||||
21 | the
death occurred including, but not limited to, race, | ||||||
22 | age, and gender of the decedent, and a brief | ||||||
23 | description of the circumstances surrounding the | ||||||
24 | death;
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25 | (B) if the death occurred in
the custody of the | ||||||
26 | Illinois
Department of
Corrections, the report
shall |
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1 | also include the jurisdiction, the law enforcement | ||||||
2 | agency
providing the investigation, and the local or | ||||||
3 | State
facility where the death occurred; | ||||||
4 | (C) if the death occurred in
the custody of the | ||||||
5 | Illinois
Department of
Corrections, the report
shall | ||||||
6 | also include if emergency care was requested by the law
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7 | enforcement agency in response to any illness, injury, | ||||||
8 | self-inflicted or otherwise, or other issue related to
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9 | rapid deterioration of physical wellness or human
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10 | subsistence, and details concerning emergency care | ||||||
11 | that
were provided to the decedent if emergency care | ||||||
12 | was
provided. | ||||||
13 | (c) The law enforcement agency and the involved
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14 | correctional administrators shall make a good faith effort to | ||||||
15 | obtain all relevant facts and circumstances relevant to the
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16 | death and include those in the report. | ||||||
17 | (d) The Illinois Criminal Justice Information Authority | ||||||
18 | shall create a standardized form
to be used for the purpose of | ||||||
19 | collecting information as
described in subsection (b). | ||||||
20 | (e) Law enforcement agencies shall use the form described
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21 | in subsection (d) to report all cases in which a person dies:
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22 | (1) while in the custody of:
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23 | (A) a law enforcement agency;
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24 | (B) a local or State correctional facility in this | ||||||
25 | State; or | ||||||
26 | (C) a peace officer; or
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1 | (2) as a result of the peace officer's use of force. | ||||||
2 | (f) The Illinois Criminal Justice Information Authority | ||||||
3 | may determine the manner in which
the form is transmitted from | ||||||
4 | a law enforcement agency to the
Illinois Criminal Justice | ||||||
5 | Information Authority. | ||||||
6 | (g) The reports shall be public records within the meaning
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7 | of subsection (c) of Section 2 of the Freedom of Information
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8 | Act and are open to public inspection, with the exception of
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9 | any portion of the report that the Illinois Criminal Justice | ||||||
10 | Information Authority determines
is privileged or protected | ||||||
11 | under Illinois or federal law. | ||||||
12 | (h) The Illinois Criminal Justice Information Authority | ||||||
13 | shall make available to the public
information of all | ||||||
14 | individual reports relating to deaths in
custody through the | ||||||
15 | Illinois Criminal Justice Information Authority's website to | ||||||
16 | be updated on
a quarterly basis. | ||||||
17 | (i) The Illinois Criminal Justice Information Authority | ||||||
18 | shall issue a public annual report
tabulating and evaluating | ||||||
19 | trends and information on deaths in
custody, including, but not | ||||||
20 | limited to: | ||||||
21 | (1) information regarding the race,
gender, sexual | ||||||
22 | orientation, and gender identity of the decedent; and a | ||||||
23 | brief description
of the circumstances
surrounding the | ||||||
24 | death;
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25 | (2) if the death occurred in
the custody of the | ||||||
26 | Illinois
Department of
Corrections, the report
shall also |
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1 | include the jurisdiction, law enforcement agency providing
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2 | the investigation, and local or State facility where the
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3 | death occurred; and
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4 | (3) recommendations and State and local efforts
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5 | underway to reduce deaths in custody. | ||||||
6 | The report shall be submitted to the Governor and General | ||||||
7 | Assembly and made available to the public on the Illinois | ||||||
8 | Criminal Justice Information Authority's website the first | ||||||
9 | week of February of each year. | ||||||
10 | (j) So that the State may oversee the healthcare provided
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11 | to any person in the custody of each law enforcement agency
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12 | within this State, provision of medical services to these
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13 | persons, general care and treatment, and any other factors that
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14 | may contribute to the death of any of these persons, the
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15 | following information shall be made available to the public on
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16 | the Illinois Criminal Justice Information Authority's website:
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17 | (1) the number of deaths that occurred during the
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18 | preceding calendar year;
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19 | (2) the known, or discoverable upon reasonable
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20 | inquiry, causes and contributing factors of each of the | ||||||
21 | in-custody deaths as defined in subsection (b); and
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22 | (3) the law enforcement agency's policies, procedures,
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23 | and protocols related to: | ||||||
24 | (A) treatment of a person experiencing withdrawal | ||||||
25 | from alcohol or substance use;
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26 | (B) the facility's provision, or lack of
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1 | provision, of medications used to treat, mitigate, or | ||||||
2 | address a person's symptoms; and
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3 | (C) notifying an inmate's next of kin after the
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4 | inmate's in-custody death. | ||||||
5 | (k) The family, next of kin, or any other person reasonably | ||||||
6 | nominated by the decedent as an emergency contact shall be
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7 | notified as soon as possible in a suitable manner giving an
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8 | accurate factual account of the cause of death and
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9 | circumstances surrounding the death in custody in accordance | ||||||
10 | with State and federal law. | ||||||
11 | (l) The law enforcement agency or correctional facility
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12 | shall name a staff person to act as dedicated family liaison
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13 | officer to be a point of contact for the family, to make and
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14 | maintain contact with the family, to report ongoing | ||||||
15 | developments and findings of investigations, and to provide
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16 | information and practical support. If requested by the
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17 | deceased's next of kin, the law enforcement agency or
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18 | correctional facility shall arrange for a chaplain, counselor,
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19 | or other suitable staff member to meet with the family and
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20 | discuss any faith considerations or concerns. The family has a
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21 | right to the medical records of a family member who has died in
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22 | custody and these records shall be disclosed to them in | ||||||
23 | accordance with State and federal law. | ||||||
24 | (m) It is unlawful for a person who is required under this
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25 | Section to investigate a death or file a report to fail to
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26 | include in the report facts known or discovered in the
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1 | investigation to the Illinois Criminal Justice Information | ||||||
2 | Authority. A violation of this
Section is a petty offense, with | ||||||
3 | fine not to exceed $500.
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4 | Article 4. | ||||||
5 | Constitutional Rights and Remedies | ||||||
6 | Section 4-1. Short title. This Article may be cited as the
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7 | Task Force on Constitutional Rights and Remedies Act. | ||||||
8 | References in this Article to "this Act" mean this Article.
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9 | Section 4-5. Task Force on Constitutional Rights and | ||||||
10 | Remedies. The Task Force on Constitutional Rights and Remedies | ||||||
11 | is created. The purpose of the Task Force on Constitutional | ||||||
12 | Rights and Remedies is to develop and propose policies and | ||||||
13 | procedures to review and reform constitutional rights and | ||||||
14 | remedies, including qualified immunity for peace officers.
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15 | Section 4-10. Task Force Members. | ||||||
16 | (a) The Task Force on Constitutional Rights and Remedies | ||||||
17 | shall be comprised of the following members: | ||||||
18 | (1) The president of statewide association | ||||||
19 | representing trial lawyers or his or her designee,
the | ||||||
20 | executive director of a statewide association advocating | ||||||
21 | for the advancement of civil liberties or his or her | ||||||
22 | designee, a representative representing statewide labor, |
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1 | all appointed by the Governor. | ||||||
2 | (2) Four members of the public appointed, one appointed | ||||||
3 | by each the Speaker of the House of Representatives, | ||||||
4 | Minority Leader of the House of Representatives, Minority | ||||||
5 | Leader of the House of Representatives, President of the | ||||||
6 | Senate, Minority Leader of the Senate. | ||||||
7 | (3) The president of a statewide bar association or his | ||||||
8 | or her designee, the executive director of a statewide | ||||||
9 | association representing county sheriffs or his or her | ||||||
10 | designee, the executive director of a statewide | ||||||
11 | association representing chiefs of police, a | ||||||
12 | representative of the Chicago Police Department, all | ||||||
13 | appointed by the Governor. | ||||||
14 | (4) The Director of the Illinois State Police or his or | ||||||
15 | her designee. | ||||||
16 | (5) The Attorney General, or his or her designee. | ||||||
17 | (6) A retired judge appointed by the Governor. | ||||||
18 | (7)
one State Representative, appointed by the Speaker | ||||||
19 | of the House of Representatives;
one State Representative, | ||||||
20 | appointed by the Minority Leader of the House of | ||||||
21 | Representatives;
one State Senator, appointed by the | ||||||
22 | President of the Senate;
one State Senator, appointed by | ||||||
23 | the Minority Leader of the Senate.
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24 | (b) The members of the Task Force shall serve without | ||||||
25 | compensation. | ||||||
26 | (c) The Illinois Criminal Justice Information Authority |
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1 | shall provide administrative and technical support to the Task | ||||||
2 | Force and be responsible for administering its operations, | ||||||
3 | appointing a chairperson, and ensuring that the requirements of | ||||||
4 | the Task Force are met.
The President of the Senate and the | ||||||
5 | Speaker of the House of Representatives shall appoint | ||||||
6 | co-chairpersons for the Task Force. The Task Force shall have | ||||||
7 | all appointments made within 30 days of the effective date of | ||||||
8 | this amendatory Act of the 101st General Assembly.
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9 | Section 4-15. Meetings; report. | ||||||
10 | (a) The Task Force shall meet at least 3 times with the | ||||||
11 | first meeting occurring within 60 days after the effective date | ||||||
12 | of this amendatory Act of the 101st General Assembly. | ||||||
13 | (b) The Task Force shall review available research, best | ||||||
14 | practices, and effective interventions to formulate | ||||||
15 | recommendations. | ||||||
16 | (c) The Task Force shall produce a report detailing the | ||||||
17 | Task Force's findings and recommendations and needed | ||||||
18 | resources. The Task Force shall submit a report of its findings | ||||||
19 | and recommendations to the General Assembly and the Governor by | ||||||
20 | May 1, 2021.
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21 | Section 4-20. Repeal.
This Act is repealed on January 1, | ||||||
22 | 2022.
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23 | Article 10. |
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1 | Amendatory Provisions | ||||||
2 | Section 10-105. The Statute on Statutes is amended by | ||||||
3 | adding Section 1.43 as follows:
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4 | (5 ILCS 70/1.43 new) | ||||||
5 | Sec. 1.43. Reference to bail, bail bond, or conditions of | ||||||
6 | bail. Whenever there is a reference in any Act to "bail", "bail | ||||||
7 | bond", or "conditions of bail", these terms shall be construed | ||||||
8 | as "pretrial release" or "conditions of pretrial release".
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9 | Section 10-110. The Freedom of Information Act is amended | ||||||
10 | by changing Section 2.15 as follows:
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11 | (5 ILCS 140/2.15) | ||||||
12 | Sec. 2.15. Arrest reports and criminal history records. | ||||||
13 | (a) Arrest reports. The following chronologically | ||||||
14 | maintained arrest and criminal history information maintained | ||||||
15 | by State or local criminal justice agencies shall be furnished | ||||||
16 | as soon as practical, but in no event later than 72 hours after | ||||||
17 | the arrest, notwithstanding the time limits otherwise provided | ||||||
18 | for in Section 3 of this Act: (i) information that identifies | ||||||
19 | the individual, including the name, age, address, and | ||||||
20 | photograph, when and if available; (ii) information detailing | ||||||
21 | any charges relating to the arrest; (iii) the time and location | ||||||
22 | of the arrest; (iv) the name of the investigating or arresting |
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1 | law enforcement agency; (v) if the individual is incarcerated, | ||||||
2 | the conditions of pretrial release amount of any bail or bond ; | ||||||
3 | and (vi) if the individual is incarcerated, the time and date | ||||||
4 | that the individual was received into, discharged from, or | ||||||
5 | transferred from the arresting agency's custody. | ||||||
6 | (b) Criminal history records. The following documents | ||||||
7 | maintained by a public body pertaining to
criminal history | ||||||
8 | record information are public records subject to inspection and | ||||||
9 | copying by the
public pursuant to this Act: (i) court records | ||||||
10 | that are public; (ii) records that are otherwise
available | ||||||
11 | under State or local law; and (iii) records in which the | ||||||
12 | requesting party is the individual
identified, except as | ||||||
13 | provided under Section 7(1)(d)(vi). | ||||||
14 | (c) Information described in items (iii) through (vi) of | ||||||
15 | subsection (a) may be withheld if it is
determined that | ||||||
16 | disclosure would: (i) interfere with pending or actually and | ||||||
17 | reasonably contemplated law enforcement proceedings conducted | ||||||
18 | by any law enforcement agency; (ii) endanger the life or | ||||||
19 | physical safety of law enforcement or correctional personnel or | ||||||
20 | any other person; or (iii) compromise the security of any | ||||||
21 | correctional facility. | ||||||
22 | (d) The provisions of this Section do not supersede the | ||||||
23 | confidentiality provisions for law enforcement or arrest | ||||||
24 | records of the Juvenile Court Act of 1987.
| ||||||
25 | (e) Notwithstanding the requirements of subsection (a), a | ||||||
26 | law enforcement agency may not publish booking photographs, |
| |||||||
| |||||||
1 | commonly known as "mugshots", on its social networking website | ||||||
2 | in connection with civil offenses, petty offenses, business | ||||||
3 | offenses, Class C misdemeanors, and Class B misdemeanors unless | ||||||
4 | the booking photograph is posted to the social networking | ||||||
5 | website to assist in the search for a missing person or to | ||||||
6 | assist in the search for a fugitive, person of interest, or | ||||||
7 | individual wanted in relation to a crime other than a petty | ||||||
8 | offense, business offense, Class C misdemeanor, or Class B | ||||||
9 | misdemeanor. As used in this subsection, "social networking | ||||||
10 | website" has the meaning provided in Section 10 of the Right to | ||||||
11 | Privacy in the Workplace Act. | ||||||
12 | (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
| ||||||
13 | Section 10-115. The State Records Act is amended by | ||||||
14 | changing Section 4a as follows:
| ||||||
15 | (5 ILCS 160/4a)
| ||||||
16 | Sec. 4a. Arrest records and reports.
| ||||||
17 | (a) When an individual is arrested, the following | ||||||
18 | information must
be made available to the news media for | ||||||
19 | inspection and copying:
| ||||||
20 | (1) Information that identifies the individual,
| ||||||
21 | including the name, age, address, and photograph, when and | ||||||
22 | if available.
| ||||||
23 | (2) Information detailing any charges relating to the | ||||||
24 | arrest.
|
| |||||||
| |||||||
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 news | ||||||
26 | service whether in print or electronic
format, a radio station, |
| |||||||
| |||||||
1 | a television station, a television network, a
community antenna | ||||||
2 | television service, or a person or corporation engaged in
| ||||||
3 | making news reels or other motion picture news for public | ||||||
4 | 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 2QQQ | ||||||
15 | of the Consumer Fraud and Deceptive Business Practices Act. | ||||||
16 | (g) Notwithstanding the requirements of subsection (a), a | ||||||
17 | law enforcement agency may not publish booking photographs, | ||||||
18 | commonly known as "mugshots", on its social networking website | ||||||
19 | in connection with civil offenses, petty offenses, business | ||||||
20 | offenses, Class C misdemeanors, and Class B misdemeanors unless | ||||||
21 | the booking photograph is posted to the social networking | ||||||
22 | website to assist in the search for a missing person or to | ||||||
23 | assist in the search for a fugitive, person of interest, or | ||||||
24 | individual wanted in relation to a crime other than a petty | ||||||
25 | offense, business offense, Class C misdemeanor, or Class B | ||||||
26 | misdemeanor. As used in this subsection, "social networking |
| |||||||
| |||||||
1 | website" has the meaning provided in Section 10 of the Right to | ||||||
2 | Privacy in the Workplace Act. | ||||||
3 | (Source: P.A. 101-433, eff. 8-20-19.)
| ||||||
4 | Section 10-116. The Illinois Public Labor Relations Act is | ||||||
5 | amended by changing Section 14 as follows:
| ||||||
6 | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| ||||||
7 | Sec. 14. Security employee, peace officer and fire fighter | ||||||
8 | disputes.
| ||||||
9 | (a) In the case of collective bargaining agreements | ||||||
10 | involving units of
security employees of a public employer, | ||||||
11 | Peace Officer Units, or units of
fire fighters or paramedics, | ||||||
12 | and in the case of disputes under Section 18,
unless the | ||||||
13 | parties mutually agree to some other time limit, mediation
| ||||||
14 | shall commence 30 days prior to the expiration date of such | ||||||
15 | agreement or
at such later time as the mediation services | ||||||
16 | chosen under subsection (b) of
Section 12 can be provided to | ||||||
17 | the parties. In the case of negotiations
for an initial | ||||||
18 | collective bargaining agreement, mediation shall commence
upon | ||||||
19 | 15 days notice from either party or at such later time as the
| ||||||
20 | mediation services chosen pursuant to subsection (b) of Section | ||||||
21 | 12 can be
provided to the parties. In mediation under this | ||||||
22 | Section, if either party
requests the use of mediation services | ||||||
23 | from the Federal Mediation and
Conciliation Service, the other | ||||||
24 | party shall either join in such request or
bear the additional |
| |||||||
| |||||||
1 | cost of mediation services from another source. The
mediator | ||||||
2 | shall have a duty to keep the Board informed on the progress of
| ||||||
3 | the mediation. If any dispute has not been resolved within 15 | ||||||
4 | days after
the first meeting of the parties and the mediator, | ||||||
5 | or within such other
time limit as may be mutually agreed upon | ||||||
6 | by the parties, either the
exclusive representative or employer | ||||||
7 | may request of the other, in writing,
arbitration, and shall | ||||||
8 | submit a copy of the request to the Board.
| ||||||
9 | (b) Within 10 days after such a request for arbitration has | ||||||
10 | 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 the | ||||||
14 | 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 agreed | ||||||
19 | to a contract that contains a grievance resolution procedure as | ||||||
20 | provided in Section 8, the chairman shall be selected using | ||||||
21 | their agreed contract procedure unless they mutually agree to | ||||||
22 | another procedure. If the parties fail to notify the Board of | ||||||
23 | their selection of neutral chairman within 7 days after receipt | ||||||
24 | of the list of impartial arbitrators, the Board shall appoint, | ||||||
25 | at random, a neutral chairman from the list. In the absence of | ||||||
26 | an agreed contract procedure for selecting an impartial |
| |||||||
| |||||||
1 | arbitrator, either party may request a panel from the Board. | ||||||
2 | Within 7 days of the request of either party, the Board shall | ||||||
3 | select
from the Public Employees Labor Mediation Roster 7 | ||||||
4 | persons who are on the
labor arbitration panels of either the | ||||||
5 | American Arbitration Association or
the Federal Mediation and | ||||||
6 | Conciliation Service, or who are members of the
National | ||||||
7 | Academy of Arbitrators, as nominees for
impartial arbitrator of | ||||||
8 | the arbitration panel. The parties may select an
individual on | ||||||
9 | the list provided by the Board or any other individual
mutually | ||||||
10 | agreed upon by the parties. Within 7 days following the receipt
| ||||||
11 | of the list, the parties shall notify the Board of the person | ||||||
12 | they have
selected. Unless the parties agree on an alternate | ||||||
13 | selection procedure,
they shall alternatively strike one name | ||||||
14 | from the list provided by the
Board until only one name | ||||||
15 | remains. A coin toss shall determine which party
shall strike | ||||||
16 | the first name. If the parties fail to notify the Board in a
| ||||||
17 | timely manner of their selection for neutral chairman, the | ||||||
18 | Board shall
appoint a neutral chairman from the Illinois Public | ||||||
19 | Employees
Mediation/Arbitration Roster.
| ||||||
20 | (d) The chairman shall call a hearing to begin within 15 | ||||||
21 | days and give
reasonable notice of the time and place of the | ||||||
22 | hearing. The hearing
shall be held at the offices of the Board | ||||||
23 | or at such other location as the
Board deems appropriate. The | ||||||
24 | chairman shall preside over the hearing and
shall take | ||||||
25 | testimony. Any oral or documentary evidence and other data
| ||||||
26 | deemed relevant by the arbitration panel may be received in |
| |||||||
| |||||||
1 | evidence. The
proceedings shall be informal. Technical rules of | ||||||
2 | evidence shall not apply
and the competency of the evidence | ||||||
3 | shall not thereby be deemed impaired. A
verbatim record of the | ||||||
4 | proceedings shall be made and the arbitrator shall
arrange for | ||||||
5 | the necessary recording service. Transcripts may be ordered at
| ||||||
6 | the expense of the party ordering them, but the transcripts | ||||||
7 | shall not be
necessary for a decision by the arbitration panel. | ||||||
8 | The expense of the
proceedings, including a fee for the | ||||||
9 | chairman, shall be borne equally by each of the parties to the | ||||||
10 | dispute.
The delegates, if public officers or employees, shall | ||||||
11 | continue on the
payroll of the public employer without loss of | ||||||
12 | pay. The hearing conducted
by the arbitration panel may be | ||||||
13 | adjourned from time to time, but unless
otherwise agreed by the | ||||||
14 | parties, shall be concluded within 30 days of the
time of its | ||||||
15 | commencement. Majority actions and rulings shall constitute
| ||||||
16 | the actions and rulings of the arbitration panel. Arbitration | ||||||
17 | proceedings
under this Section shall not be interrupted or | ||||||
18 | terminated by reason of any
unfair labor practice charge filed | ||||||
19 | by either party at any time.
| ||||||
20 | (e) The arbitration panel may administer oaths, require the | ||||||
21 | attendance
of witnesses, and the production of such books, | ||||||
22 | papers, contracts, agreements
and documents as may be deemed by | ||||||
23 | it material to a just determination of
the issues in dispute, | ||||||
24 | and for such purpose may issue subpoenas. If any
person refuses | ||||||
25 | to obey a subpoena, or refuses to be sworn or to testify,
or if | ||||||
26 | any witness, party or attorney is guilty of any contempt while |
| |||||||
| |||||||
1 | in
attendance at any hearing, the arbitration panel may, or the | ||||||
2 | attorney general
if requested shall, invoke the aid of any | ||||||
3 | circuit court within the jurisdiction
in which the hearing is | ||||||
4 | being held, which court shall issue an appropriate
order. Any | ||||||
5 | failure to obey the order may be punished by the court as | ||||||
6 | contempt.
| ||||||
7 | (f) At any time before the rendering of an award, the | ||||||
8 | chairman of the
arbitration panel, if he is of the opinion that | ||||||
9 | it would be useful or
beneficial to do so, may remand the | ||||||
10 | dispute to the parties for further
collective bargaining for a | ||||||
11 | period not to exceed 2 weeks. If the dispute
is remanded for | ||||||
12 | further collective bargaining the time provisions of this
Act | ||||||
13 | shall be extended for a time period equal to that of the | ||||||
14 | remand. The
chairman of the panel of arbitration shall notify | ||||||
15 | the Board of the remand.
| ||||||
16 | (g) At or before the conclusion of the hearing held | ||||||
17 | pursuant to subsection
(d), the arbitration panel shall | ||||||
18 | identify the economic issues in dispute,
and direct each of the | ||||||
19 | parties to submit, within such time limit as the
panel shall | ||||||
20 | prescribe, to the arbitration panel and to each other its last
| ||||||
21 | offer of settlement on each economic issue. The determination | ||||||
22 | of the
arbitration panel as to the issues in dispute and as to | ||||||
23 | which of these
issues are economic shall be conclusive. The | ||||||
24 | arbitration panel, within 30
days after the conclusion of the | ||||||
25 | hearing, or such further additional
periods to which the | ||||||
26 | parties may agree, shall make written findings of fact
and |
| |||||||
| |||||||
1 | promulgate a written opinion and shall mail or otherwise | ||||||
2 | deliver a true
copy thereof to the parties and their | ||||||
3 | representatives and to the Board. As
to each economic issue, | ||||||
4 | the arbitration panel shall adopt the last offer of
settlement | ||||||
5 | which, in the opinion of the arbitration panel, more nearly
| ||||||
6 | complies with the applicable factors prescribed in subsection | ||||||
7 | (h). The
findings, opinions and order as to all other issues | ||||||
8 | shall be based upon the
applicable factors prescribed in | ||||||
9 | subsection (h).
| ||||||
10 | (h) Where there is no agreement between the parties, or | ||||||
11 | where there is
an agreement but the parties have begun | ||||||
12 | negotiations or discussions looking
to a new agreement or | ||||||
13 | amendment of the existing agreement, and wage rates
or other | ||||||
14 | conditions of employment under the proposed new or amended | ||||||
15 | agreement
are in dispute, the arbitration panel shall base its | ||||||
16 | findings, opinions
and order upon the following factors, as | ||||||
17 | applicable:
| ||||||
18 | (1) The lawful authority of the employer.
| ||||||
19 | (2) Stipulations of the parties.
| ||||||
20 | (3) The interests and welfare of the public and the | ||||||
21 | financial ability
of the unit of government to meet those | ||||||
22 | costs.
| ||||||
23 | (4) Comparison of the wages, hours and conditions of | ||||||
24 | employment of the
employees involved in the arbitration | ||||||
25 | proceeding with the wages, hours and
conditions of | ||||||
26 | employment of other employees performing similar services
|
| |||||||
| |||||||
1 | and with other employees generally:
| ||||||
2 | (A) In public employment in comparable | ||||||
3 | communities.
| ||||||
4 | (B) In private employment in comparable | ||||||
5 | communities.
| ||||||
6 | (5) The average consumer prices for goods and services, | ||||||
7 | commonly known
as the cost of living.
| ||||||
8 | (6) The overall compensation presently received by the | ||||||
9 | employees,
including
direct wage compensation, vacations, | ||||||
10 | holidays and other excused time, insurance
and pensions, | ||||||
11 | medical and hospitalization benefits, the continuity and
| ||||||
12 | stability of employment and all other benefits received.
| ||||||
13 | (7) Changes in any of the foregoing circumstances | ||||||
14 | during the pendency
of the arbitration proceedings.
| ||||||
15 | (8) Such other factors, not confined to the foregoing, | ||||||
16 | which are normally
or traditionally taken into | ||||||
17 | consideration in the determination of wages,
hours and | ||||||
18 | conditions of employment through voluntary collective | ||||||
19 | bargaining,
mediation, fact-finding, arbitration or | ||||||
20 | otherwise between the parties, in
the public service or in | ||||||
21 | private employment.
| ||||||
22 | (i) In the case of peace officers, the arbitration decision | ||||||
23 | shall be
limited to wages, hours, and conditions of employment | ||||||
24 | (which may include
residency requirements in municipalities | ||||||
25 | with a population under 100,000 1,000,000 , but
those residency | ||||||
26 | requirements shall not allow residency outside of Illinois)
and |
| |||||||
| |||||||
1 | shall not include
the following: i) residency requirements in | ||||||
2 | municipalities with a population
of at least 100,000 1,000,000 ; | ||||||
3 | ii) the type of equipment, other
than uniforms, issued or used; | ||||||
4 | iii) manning; iv) the total number of
employees employed by the | ||||||
5 | department; v) mutual aid and assistance
agreements to other | ||||||
6 | units of government; and vi) the criterion pursuant to
which | ||||||
7 | force, including deadly force, can be used; provided, nothing | ||||||
8 | herein
shall preclude an arbitration decision regarding | ||||||
9 | equipment or manning
levels if such decision is based on a | ||||||
10 | finding that the equipment or manning
considerations in a | ||||||
11 | specific work assignment involve a serious risk to the
safety | ||||||
12 | of a peace officer beyond that which is inherent in the normal
| ||||||
13 | performance of police duties. Limitation of the terms of the | ||||||
14 | arbitration
decision pursuant to this subsection shall not be | ||||||
15 | construed to limit the
factors upon which the decision may be | ||||||
16 | based, as set forth in subsection (h).
| ||||||
17 | In the case of fire fighter, and fire department or fire | ||||||
18 | district paramedic
matters, the arbitration decision shall be | ||||||
19 | limited to wages, hours, and
conditions of employment | ||||||
20 | (including manning and also including residency requirements | ||||||
21 | in
municipalities with a population under 1,000,000, but those | ||||||
22 | residency
requirements shall not allow residency outside of | ||||||
23 | Illinois) and shall not
include the
following matters: i) | ||||||
24 | residency requirements in municipalities with a
population of | ||||||
25 | at least 1,000,000; ii) the type of equipment (other than
| ||||||
26 | uniforms and fire fighter turnout gear) issued or used; iii) |
| |||||||
| |||||||
1 | the total
number of employees employed by the department; iv) | ||||||
2 | mutual aid and
assistance agreements to other units of | ||||||
3 | government; and v) the criterion
pursuant to which force, | ||||||
4 | including deadly force, can be used; provided,
however, nothing | ||||||
5 | herein shall preclude an arbitration decision regarding
| ||||||
6 | equipment levels if such decision is based on a finding that | ||||||
7 | the equipment
considerations in a specific work assignment | ||||||
8 | involve a serious risk to the
safety of a fire fighter beyond | ||||||
9 | that which is inherent in the normal
performance of fire | ||||||
10 | fighter duties. Limitation of the terms of the
arbitration | ||||||
11 | decision pursuant to this subsection shall not be construed to
| ||||||
12 | limit the facts upon which the decision may be based, as set | ||||||
13 | forth in
subsection (h).
| ||||||
14 | The changes to this subsection (i) made by Public Act | ||||||
15 | 90-385 (relating to residency requirements) do not
apply to | ||||||
16 | persons who are employed by a combined department that performs | ||||||
17 | both
police and firefighting services; these persons shall be | ||||||
18 | governed by the
provisions of this subsection (i) relating to | ||||||
19 | peace officers, as they existed
before the amendment by Public | ||||||
20 | Act 90-385.
| ||||||
21 | To preserve historical bargaining rights, this subsection | ||||||
22 | shall not apply
to any provision of a fire fighter collective | ||||||
23 | bargaining agreement in effect
and applicable on the effective | ||||||
24 | date of this Act; provided, however, nothing
herein shall | ||||||
25 | preclude arbitration with respect to any such provision.
| ||||||
26 | (j) Arbitration procedures shall be deemed to be initiated |
| |||||||
| |||||||
1 | by the
filing of a letter requesting mediation as required | ||||||
2 | under subsection (a)
of this Section. The commencement of a new | ||||||
3 | municipal fiscal year after the
initiation of arbitration | ||||||
4 | procedures under this Act, but before the
arbitration decision, | ||||||
5 | or its enforcement, shall not be deemed to render a
dispute | ||||||
6 | moot, or to otherwise impair the jurisdiction or authority of | ||||||
7 | the
arbitration panel or its decision. Increases in rates
of | ||||||
8 | compensation awarded by the arbitration panel may be effective | ||||||
9 | only at
the start of the fiscal year next commencing after the | ||||||
10 | date of the arbitration
award. If a new fiscal year has | ||||||
11 | commenced either since the initiation of
arbitration | ||||||
12 | procedures under this Act or since any mutually agreed
| ||||||
13 | extension of the statutorily required period of mediation
under | ||||||
14 | this Act by the parties to the labor dispute causing a
delay in | ||||||
15 | the initiation of arbitration, the foregoing limitations shall | ||||||
16 | be
inapplicable, and such awarded increases may be retroactive | ||||||
17 | to the
commencement of the fiscal year, any other statute or | ||||||
18 | charter provisions to
the contrary, notwithstanding. At any | ||||||
19 | time the parties, by stipulation, may
amend or modify an award | ||||||
20 | of arbitration.
| ||||||
21 | (k) Orders of the arbitration panel shall be reviewable, | ||||||
22 | upon
appropriate petition by either the public employer or the | ||||||
23 | exclusive
bargaining representative, by the circuit court for | ||||||
24 | the county in which the
dispute arose or in which a majority of | ||||||
25 | the affected employees reside, but
only for reasons that the | ||||||
26 | arbitration panel was without or exceeded its
statutory |
| |||||||
| |||||||
1 | authority; the order is arbitrary, or capricious; or the order
| ||||||
2 | was procured by fraud, collusion or other similar and unlawful | ||||||
3 | means. Such
petitions for review must be filed with the | ||||||
4 | appropriate circuit court
within 90 days following the issuance | ||||||
5 | of the arbitration order. The
pendency of such proceeding for | ||||||
6 | review shall not automatically stay the
order of the | ||||||
7 | arbitration panel. The party against whom the final decision
of | ||||||
8 | any such court shall be adverse, if such court finds such | ||||||
9 | appeal or
petition to be frivolous, shall pay reasonable | ||||||
10 | attorneys' fees and costs to
the successful party as determined | ||||||
11 | by said court in its discretion. If said
court's decision | ||||||
12 | affirms the award of money, such award, if retroactive,
shall | ||||||
13 | bear interest at the rate of 12 percent per annum from the | ||||||
14 | effective
retroactive date.
| ||||||
15 | (l) During the pendency of proceedings before the | ||||||
16 | arbitration panel,
existing wages, hours, and other conditions | ||||||
17 | of employment shall not be
changed by action of either party | ||||||
18 | without the consent of the other but a
party may so consent | ||||||
19 | without prejudice to his rights or position under
this Act. The | ||||||
20 | proceedings are deemed to be pending before the arbitration
| ||||||
21 | panel upon the initiation of arbitration procedures under this | ||||||
22 | Act.
| ||||||
23 | (m) Security officers of public employers, and Peace | ||||||
24 | Officers, Fire
Fighters and fire department and fire protection | ||||||
25 | district paramedics,
covered by this Section may not withhold | ||||||
26 | services, nor may public employers
lock out or prevent such |
| |||||||
| |||||||
1 | employees from performing services at any time.
| ||||||
2 | (n) All of the terms decided upon by the arbitration panel | ||||||
3 | shall be included
in an agreement to be submitted to the public | ||||||
4 | employer's governing body
for ratification and adoption by law, | ||||||
5 | ordinance or the equivalent
appropriate means.
| ||||||
6 | The governing body shall review each term decided by the | ||||||
7 | arbitration panel.
If the governing body fails to reject one or | ||||||
8 | more terms of the
arbitration panel's decision by a 3/5 vote of | ||||||
9 | those duly elected and
qualified members of the governing body, | ||||||
10 | within 20 days of issuance, or
in the case of firefighters | ||||||
11 | employed by a state university, at the next
regularly scheduled | ||||||
12 | meeting of the governing body after issuance, such
term or | ||||||
13 | terms shall become a part of the collective bargaining | ||||||
14 | agreement of
the parties. If the governing body affirmatively | ||||||
15 | rejects one or more terms
of the arbitration panel's decision, | ||||||
16 | it must provide reasons for such
rejection with respect to each | ||||||
17 | term so rejected, within 20 days of such
rejection and the | ||||||
18 | parties shall return to the arbitration panel
for further | ||||||
19 | proceedings and issuance of a supplemental decision with | ||||||
20 | respect
to the rejected terms. Any supplemental decision by an | ||||||
21 | arbitration panel
or other decision maker agreed to by the | ||||||
22 | parties shall be submitted to
the governing body for | ||||||
23 | ratification and adoption in accordance with the
procedures and | ||||||
24 | voting requirements set forth in this Section.
The voting | ||||||
25 | requirements of this subsection shall apply to all disputes
| ||||||
26 | submitted to arbitration pursuant to this Section |
| |||||||
| |||||||
1 | notwithstanding any
contrary voting requirements contained in | ||||||
2 | any existing collective
bargaining agreement between the | ||||||
3 | parties.
| ||||||
4 | (o) If the governing body of the employer votes to reject | ||||||
5 | the panel's
decision, the parties shall return to the panel | ||||||
6 | within 30 days from the
issuance of the reasons for rejection | ||||||
7 | for further proceedings and issuance
of a supplemental | ||||||
8 | decision. All reasonable costs of such supplemental
proceeding | ||||||
9 | including the exclusive representative's reasonable attorney's
| ||||||
10 | fees, as established by the Board, shall be paid by the | ||||||
11 | employer.
| ||||||
12 | (p) Notwithstanding the provisions of this Section the | ||||||
13 | employer and
exclusive representative may agree to submit | ||||||
14 | unresolved disputes concerning
wages, hours, terms and | ||||||
15 | conditions of employment to an alternative form of
impasse | ||||||
16 | resolution.
| ||||||
17 | (Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
| ||||||
18 | Section 10-116.5. The Community-Law Enforcement | ||||||
19 | Partnership for Deflection and Substance Use Disorder | ||||||
20 | Treatment Act is amended by changing Sections 1, 5, 10, 15, 20, | ||||||
21 | 30, and 35 and by adding Section 21 as follows:
| ||||||
22 | (5 ILCS 820/1)
| ||||||
23 | Sec. 1. Short title. This Act may be cited as the | ||||||
24 | Community-Law Enforcement and Other First Responder |
| |||||||
| |||||||
1 | Partnership for Deflection and Substance Use Disorder | ||||||
2 | Treatment Act.
| ||||||
3 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
4 | (5 ILCS 820/5)
| ||||||
5 | Sec. 5. Purposes. The General Assembly hereby acknowledges | ||||||
6 | that opioid use disorders, overdoses, and deaths in Illinois | ||||||
7 | are persistent and growing concerns for Illinois communities. | ||||||
8 | These concerns compound existing challenges to adequately | ||||||
9 | address and manage substance use and mental health disorders. | ||||||
10 | Law enforcement officers , other first responders, and | ||||||
11 | co-responders have a unique opportunity to facilitate | ||||||
12 | connections to community-based behavioral health interventions | ||||||
13 | that provide substance use treatment and can help save and | ||||||
14 | restore lives; help reduce drug use, overdose incidence, | ||||||
15 | criminal offending, and recidivism; and help prevent arrest and | ||||||
16 | conviction records that destabilize health, families, and | ||||||
17 | opportunities for community citizenship and self-sufficiency. | ||||||
18 | These efforts are bolstered when pursued in partnership with | ||||||
19 | licensed behavioral health treatment providers and community | ||||||
20 | members or organizations. It is the intent of the General | ||||||
21 | Assembly to authorize law enforcement and other first | ||||||
22 | responders to develop and implement collaborative deflection | ||||||
23 | programs in Illinois that offer immediate pathways to substance | ||||||
24 | use treatment and other services as an alternative to | ||||||
25 | traditional case processing and involvement in the criminal |
| |||||||
| |||||||
1 | justice system , and to unnecessary admission to emergency | ||||||
2 | departments .
| ||||||
3 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
4 | (5 ILCS 820/10)
| ||||||
5 | Sec. 10. Definitions. In this Act:
| ||||||
6 | "Case management" means those services which will assist | ||||||
7 | persons in gaining access to needed social, educational, | ||||||
8 | medical, substance use and mental health treatment, and other | ||||||
9 | services.
| ||||||
10 | "Community member or organization" means an individual | ||||||
11 | volunteer, resident, public office, or a not-for-profit | ||||||
12 | organization, religious institution, charitable organization, | ||||||
13 | or other public body committed to the improvement of individual | ||||||
14 | and family mental and physical well-being and the overall | ||||||
15 | social welfare of the community, and may include persons with | ||||||
16 | lived experience in recovery from substance use disorder, | ||||||
17 | either themselves or as family members.
| ||||||
18 | "Other first responder" means and includes emergency | ||||||
19 | medical services providers that are public units of government, | ||||||
20 | fire departments and districts, and officials and responders | ||||||
21 | representing and employed by these entities. | ||||||
22 | "Deflection program" means a program in which a peace | ||||||
23 | officer or member of a law enforcement agency or other first | ||||||
24 | responder facilitates contact between an individual and a | ||||||
25 | licensed substance use treatment provider or clinician for |
| |||||||
| |||||||
1 | assessment and coordination of treatment planning , including | ||||||
2 | co-responder approaches that incorporate behavioral health, | ||||||
3 | peer, or social work professionals with law enforcement or | ||||||
4 | other first responders at the scene . This facilitation includes | ||||||
5 | defined criteria for eligibility and communication protocols | ||||||
6 | agreed to by the law enforcement agency or other first | ||||||
7 | responder entity and the licensed treatment provider for the | ||||||
8 | purpose of providing substance use treatment to those persons | ||||||
9 | in lieu of arrest or further justice system involvement , or | ||||||
10 | unnecessary admissions to the emergency department . Deflection | ||||||
11 | programs may include, but are not limited to, the following | ||||||
12 | types of responses: | ||||||
13 | (1) a post-overdose deflection response initiated by a | ||||||
14 | peace officer or law enforcement agency subsequent to | ||||||
15 | emergency administration of medication to reverse an | ||||||
16 | overdose, or in cases of severe substance use disorder with | ||||||
17 | acute risk for overdose;
| ||||||
18 | (2) a self-referral deflection response initiated by | ||||||
19 | an individual by contacting a peace officer or law | ||||||
20 | enforcement agency or other first responder in the | ||||||
21 | acknowledgment of their substance use or disorder;
| ||||||
22 | (3) an active outreach deflection response initiated | ||||||
23 | by a peace officer or law enforcement agency or other first | ||||||
24 | responder as a result of proactive identification of | ||||||
25 | persons thought likely to have a substance use disorder;
| ||||||
26 | (4) an officer or other first responder prevention |
| |||||||
| |||||||
1 | deflection response initiated by a peace officer or law | ||||||
2 | enforcement agency in response to a community call when no | ||||||
3 | criminal charges are present; and | ||||||
4 | (5) an officer intervention deflection response when | ||||||
5 | criminal charges are present but held in abeyance pending | ||||||
6 | engagement with treatment.
| ||||||
7 | "Law enforcement agency" means a municipal police | ||||||
8 | department or county sheriff's office of this State, the | ||||||
9 | Department of State Police, or other law enforcement agency | ||||||
10 | whose officers, by statute, are granted and authorized to | ||||||
11 | exercise powers similar to those conferred upon any peace | ||||||
12 | officer employed by a law enforcement agency of this State.
| ||||||
13 | "Licensed treatment provider" means an organization | ||||||
14 | licensed by the Department of Human Services to perform an | ||||||
15 | activity or service, or a coordinated range of those activities | ||||||
16 | or services, as the Department of Human Services may establish | ||||||
17 | by rule, such as the broad range of emergency, outpatient, | ||||||
18 | intensive outpatient, and residential services and care, | ||||||
19 | including assessment, diagnosis, case management, medical, | ||||||
20 | psychiatric, psychological and social services, | ||||||
21 | medication-assisted treatment, care and counseling, and | ||||||
22 | recovery support, which may be extended to persons to assess or | ||||||
23 | treat substance use disorder or to families of those persons.
| ||||||
24 | "Peace officer" means any peace officer or member of any | ||||||
25 | duly organized State, county, or municipal peace officer unit, | ||||||
26 | any police force of another State, or any police force whose |
| |||||||
| |||||||
1 | members, by statute, are granted and authorized to exercise | ||||||
2 | powers similar to those conferred upon any peace officer | ||||||
3 | employed by a law enforcement agency of this State.
| ||||||
4 | "Substance use disorder" means a pattern of use of alcohol | ||||||
5 | or other drugs leading to clinical or functional impairment, in | ||||||
6 | accordance with the definition in the Diagnostic and | ||||||
7 | Statistical Manual of Mental Disorders (DSM-5), or in any | ||||||
8 | subsequent editions.
| ||||||
9 | "Treatment" means the broad range of emergency, | ||||||
10 | outpatient, intensive outpatient, and residential services and | ||||||
11 | care (including assessment, diagnosis, case management, | ||||||
12 | medical, psychiatric, psychological and social services, | ||||||
13 | medication-assisted treatment, care and counseling, and | ||||||
14 | recovery support) which may be extended to persons who have | ||||||
15 | substance use disorders, persons with mental illness, or | ||||||
16 | families of those persons.
| ||||||
17 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
18 | (5 ILCS 820/15)
| ||||||
19 | Sec. 15. Authorization.
| ||||||
20 | (a) Any law enforcement agency or other first responder | ||||||
21 | entity may establish a deflection program subject to the | ||||||
22 | provisions of this Act in partnership with one or more licensed | ||||||
23 | providers of substance use disorder treatment services and one | ||||||
24 | or more community members or organizations.
Programs | ||||||
25 | established by another first responder entity shall also |
| |||||||
| |||||||
1 | include a law enforcement agency. | ||||||
2 | (b) The deflection program may involve a post-overdose | ||||||
3 | deflection response, a self-referral deflection response, an | ||||||
4 | active outreach deflection response, an officer or other first | ||||||
5 | responder prevention deflection response, or an officer | ||||||
6 | intervention deflection response, or any combination of those.
| ||||||
7 | (c) Nothing shall preclude the General Assembly from adding | ||||||
8 | other responses to a deflection program, or preclude a law | ||||||
9 | enforcement agency or other first responder entity from | ||||||
10 | developing a deflection program response based on a model | ||||||
11 | unique and responsive to local issues, substance use or mental | ||||||
12 | health needs, and partnerships, using sound and promising or | ||||||
13 | evidence-based practices.
| ||||||
14 | (c-5) Whenever appropriate and available, case management | ||||||
15 | should be provided by a licensed treatment provider or other | ||||||
16 | appropriate provider and may include peer recovery support | ||||||
17 | approaches. | ||||||
18 | (d) To receive funding for activities as described in | ||||||
19 | Section 35 of this Act, planning for the deflection program | ||||||
20 | shall include:
| ||||||
21 | (1) the involvement of one or more licensed treatment | ||||||
22 | programs and one or more community members or | ||||||
23 | organizations; and
| ||||||
24 | (2) an agreement with the Illinois Criminal Justice | ||||||
25 | Information Authority to collect and evaluate relevant | ||||||
26 | statistical data related to the program, as established by |
| |||||||
| |||||||
1 | the Illinois Criminal Justice Information Authority in | ||||||
2 | paragraph (2) of subsection (a) of Section 25 of this Act. | ||||||
3 | (3) an agreement with participating licensed treatment | ||||||
4 | providers authorizing the release of statistical data to | ||||||
5 | the Illinois Criminal Justice Information Authority, in | ||||||
6 | compliance with State and Federal law, as established by | ||||||
7 | the Illinois Criminal Justice Information Authority in | ||||||
8 | paragraph (2) of subsection (a) of Section 25 of this Act.
| ||||||
9 | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
10 | (5 ILCS 820/20)
| ||||||
11 | Sec. 20. Procedure. The law enforcement agency or other | ||||||
12 | first responder entity , licensed treatment providers, and | ||||||
13 | community members or organizations shall establish a local | ||||||
14 | deflection program plan that includes protocols and procedures | ||||||
15 | for participant identification, screening or assessment, | ||||||
16 | treatment facilitation, reporting, and ongoing involvement of | ||||||
17 | the law enforcement agency. Licensed substance use disorder | ||||||
18 | treatment organizations shall adhere to 42 CFR Part 2 regarding | ||||||
19 | confidentiality regulations for information exchange or | ||||||
20 | release. Substance use disorder treatment services shall | ||||||
21 | adhere to all regulations specified in Department of Human | ||||||
22 | Services Administrative Rules, Parts 2060 and 2090.
| ||||||
23 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
24 | (5 ILCS 820/21 new) |
| |||||||
| |||||||
1 | Sec. 21. Training. The law enforcement agency or other | ||||||
2 | first responder entity in programs that receive funding for | ||||||
3 | services under Section 35 of this Act shall and that receive | ||||||
4 | training under subsection (a.1) of Section 35 shall be trained | ||||||
5 | in: | ||||||
6 | (a)Neuroscience of Addiction for Law Enforcement; | ||||||
7 | (b)Medication-Assisted Treatment; | ||||||
8 | (c)Criminogenic Risk-Need for Health and Safety; | ||||||
9 | (d)Why Drug Treatment Works?; | ||||||
10 | (e)Eliminating Stigma for People with Substance-Use | ||||||
11 | Disorders and Mental Health; | ||||||
12 | (f)Avoiding Racial Bias in Deflection Program; | ||||||
13 | (g)Promotion Racial and Gender Equity in Deflection; | ||||||
14 | (h)Working With Community Partnerships; and | ||||||
15 | (i)Deflection in Rural Communities.
| ||||||
16 | (5 ILCS 820/30)
| ||||||
17 | Sec. 30. Exemption from civil liability. The law | ||||||
18 | enforcement agency or peace officer or other first responder | ||||||
19 | acting in good faith shall not, as the result of acts or | ||||||
20 | omissions in providing services under Section 15 of this Act, | ||||||
21 | be liable for civil damages, unless the acts or omissions | ||||||
22 | constitute willful and wanton misconduct.
| ||||||
23 | (Source: P.A. 100-1025, eff. 1-1-19 .)
| ||||||
24 | (5 ILCS 820/35)
|
| |||||||
| |||||||
1 | Sec. 35. Funding.
| ||||||
2 | (a) The General Assembly may appropriate funds to the | ||||||
3 | Illinois Criminal Justice Information Authority for the | ||||||
4 | purpose of funding law enforcement agencies or other first | ||||||
5 | responder entities for services provided by deflection program | ||||||
6 | partners as part of deflection programs subject to subsection | ||||||
7 | (d) of Section 15 of this Act.
| ||||||
8 | (a.1) Up to 10 percent of appropriated funds may be | ||||||
9 | expended on activities related to knowledge dissemination, | ||||||
10 | training, technical assistance, or other similar activities | ||||||
11 | intended to increase practitioner and public awareness of | ||||||
12 | deflection and/or to support its implementation. The Illinois | ||||||
13 | Criminal Justice Information Authority may adopt guidelines | ||||||
14 | and requirements to direct the distribution of funds for these | ||||||
15 | activities. | ||||||
16 | (b) For all appropriated funds not distributed under | ||||||
17 | subsection a.1, the The Illinois Criminal Justice Information | ||||||
18 | Authority may adopt guidelines and requirements to direct the | ||||||
19 | distribution of funds for expenses related to deflection | ||||||
20 | programs. Funding shall be made available to support both new | ||||||
21 | and existing deflection programs in a broad spectrum of | ||||||
22 | geographic regions in this State, including urban, suburban, | ||||||
23 | and rural communities. Funding for deflection programs shall be | ||||||
24 | prioritized for communities that have been impacted by the war | ||||||
25 | on drugs, communities that have a police/community relations | ||||||
26 | issue, and communities that have a disproportionate lack of |
| |||||||
| |||||||
1 | access to mental health and drug treatment. Activities eligible | ||||||
2 | for funding under this Act may include, but are not limited to, | ||||||
3 | the following:
| ||||||
4 | (1) activities related to program administration, | ||||||
5 | coordination, or management, including, but not limited | ||||||
6 | to, the development of collaborative partnerships with | ||||||
7 | licensed treatment providers and community members or | ||||||
8 | organizations; collection of program data; or monitoring | ||||||
9 | of compliance with a local deflection program plan;
| ||||||
10 | (2) case management including case management provided | ||||||
11 | prior to assessment, diagnosis, and engagement in | ||||||
12 | treatment, as well as assistance navigating and gaining | ||||||
13 | access to various treatment modalities and support | ||||||
14 | services;
| ||||||
15 | (3) peer recovery or recovery support services that | ||||||
16 | include the perspectives of persons with the experience of | ||||||
17 | recovering from a substance use disorder, either | ||||||
18 | themselves or as family members;
| ||||||
19 | (4) transportation to a licensed treatment provider or | ||||||
20 | other program partner location; | ||||||
21 | (5) program evaluation activities. | ||||||
22 | (6) naloxone and related supplies necessary for | ||||||
23 | carrying out overdose reversal for purposes of | ||||||
24 | distribution to program participants or for use by law | ||||||
25 | enforcement or other first responders; and | ||||||
26 | (7) treatment necessary to prevent gaps in service |
| |||||||
| |||||||
1 | delivery between linkage and coverage by other funding | ||||||
2 | sources when otherwise non-reimbursable. | ||||||
3 | (c) Specific linkage agreements with recovery support | ||||||
4 | services or self-help entities may be a requirement of the | ||||||
5 | program services protocols. All deflection programs shall | ||||||
6 | encourage the involvement of key family members and significant | ||||||
7 | others as a part of a family-based approach to treatment. All | ||||||
8 | deflection programs are encouraged to use evidence-based | ||||||
9 | practices and outcome measures in the provision of substance | ||||||
10 | use disorder treatment and medication-assisted treatment for | ||||||
11 | persons with opioid use disorders.
| ||||||
12 | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
13 | Section 10-116.7. The Attorney General Act is amended by | ||||||
14 | adding Section 10 as follows:
| ||||||
15 | (15 ILCS 205/10 new) | ||||||
16 | Sec. 10. Executive officers. | ||||||
17 | (a) As used in this Section: | ||||||
18 | (1)"Governmental authority" means any local | ||||||
19 | governmental unit in this State, any municipal corporation | ||||||
20 | in this State, or any governmental unit of the State of | ||||||
21 | Illinois. This includes any office, officer, department, | ||||||
22 | division, bureau, board, commission, or agency of the | ||||||
23 | State. | ||||||
24 | (2) "Officer" means any probationary law enforcement |
| |||||||
| |||||||
1 | officer, probationary part-time law enforcement officer, | ||||||
2 | permanent law enforcement officer, part-time law | ||||||
3 | enforcement officer, law enforcement officer, recruit, | ||||||
4 | probationary county corrections officer, permanent county | ||||||
5 | corrections officer, county corrections officer, | ||||||
6 | probationary court security officer, permanent court | ||||||
7 | security officer, or court security officer as defined in | ||||||
8 | Section 2 of the Police Training Act. | ||||||
9 | (b) No governmental authority, or agent of a governmental | ||||||
10 | authority, or person acting on behalf of a governmental | ||||||
11 | authority, shall engage in a pattern or practice of conduct by | ||||||
12 | officers that deprives any person of rights, privileges, or | ||||||
13 | immunities secured or protected by the Constitution or laws of | ||||||
14 | the United States or by the Constitution or laws of Illinois. | ||||||
15 | (c) Whenever the Illinois Attorney General has reasonable | ||||||
16 | cause to believe that a violation of subsection (b) has | ||||||
17 | occurred, the Illinois Attorney General may commence a civil | ||||||
18 | action in the name of the People of the State to obtain | ||||||
19 | appropriate equitable and declaratory relief to eliminate the | ||||||
20 | pattern or practice. Venue for this civil action shall be | ||||||
21 | Sangamon County or Cook County. Such actions shall be commenced | ||||||
22 | no later than 5 years after the occurrence or the termination | ||||||
23 | of an alleged violation, whichever occurs last. | ||||||
24 | (d) Prior to initiating a civil action, the Attorney | ||||||
25 | General may conduct a preliminary investigation to determine | ||||||
26 | whether there is reasonable cause to believe that a violation |
| |||||||
| |||||||
1 | of subsection (b) has occurred. In conducting this | ||||||
2 | investigation, the Attorney General may: | ||||||
3 | (1) require the individual or entity to file a | ||||||
4 | statement or report in writing under oath or otherwise, as | ||||||
5 | to all information the Attorney General may consider | ||||||
6 | necessary; | ||||||
7 | (2) examine under oath any person alleged to have | ||||||
8 | participated in or with knowledge of the alleged pattern | ||||||
9 | and practice violation; or | ||||||
10 | (3) issue subpoenas or conduct hearings in aid of any | ||||||
11 | investigation. | ||||||
12 | (e) Service by the Attorney General of any notice requiring | ||||||
13 | a person to file a statement or report, or of a subpoena upon | ||||||
14 | any person, shall be made: | ||||||
15 | (1) personally by delivery of a duly executed copy | ||||||
16 | thereof to the person to be served or, if a person is not a | ||||||
17 | natural person, in the manner provided in the Code of Civil | ||||||
18 | Procedure when a complaint is filed; or | ||||||
19 | (2) by mailing by certified mail a duly executed copy | ||||||
20 | thereof to the person to be served at his or her last known | ||||||
21 | abode or principal place of business within this State or, | ||||||
22 | if a person is not a natural person, in the manner provided | ||||||
23 | in the Code of Civil Procedure when a complaint is filed. | ||||||
24 | (3) The Attorney General may compel compliance with | ||||||
25 | investigative demands under this Section through an order | ||||||
26 | by any court of competent jurisdiction. |
| |||||||
| |||||||
1 | (f)(1) In any civil action brought pursuant to subsection | ||||||
2 | (c) of this Section, the Attorney General may obtain as a | ||||||
3 | remedy equitable and declaratory relief (including any | ||||||
4 | permanent or preliminary injunction, temporary restraining | ||||||
5 | order, or other order, including an order enjoining the | ||||||
6 | defendant from engaging in such violation or ordering any | ||||||
7 | action as may be appropriate). In addition, the Attorney | ||||||
8 | General may request and the Court may impose a civil penalty to | ||||||
9 | vindicate the public interest in an amount not exceeding | ||||||
10 | $25,000 per violation, or if the defendant has been adjudged to | ||||||
11 | have committed one other civil rights violation under this | ||||||
12 | Section within 5 years of the occurrence of the violation that | ||||||
13 | is the basis of the complaint, in an amount not exceeding | ||||||
14 | $50,000. | ||||||
15 | (2) A civil penalty imposed under this subsection shall be | ||||||
16 | deposited into the Attorney General Court Ordered and Voluntary | ||||||
17 | Compliance Payment Projects Fund, which is a special fund in | ||||||
18 | the State Treasury. Moneys in the Fund shall be used, subject | ||||||
19 | to appropriation, for the performance of any function | ||||||
20 | pertaining to the exercise of the duties of the Attorney | ||||||
21 | General including but not limited to enforcement of any law of | ||||||
22 | this State and conducting public education programs; however, | ||||||
23 | any moneys in the Fund that are required by the court or by an | ||||||
24 | agreement to be used for a particular purpose shall be used for | ||||||
25 | that purpose.
|
| |||||||
| |||||||
1 | Section 10-120. The Department of State Police Law of the
| ||||||
2 | Civil Administrative Code of Illinois is amended by changing | ||||||
3 | Section 2605-302 as follows:
| ||||||
4 | (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
| ||||||
5 | Sec. 2605-302. Arrest reports.
| ||||||
6 | (a) When an individual is arrested, the
following | ||||||
7 | information must be made available to the news media for | ||||||
8 | inspection
and copying:
| ||||||
9 | (1) Information that identifies the individual,
| ||||||
10 | including the name, age, address, and photograph, when and | ||||||
11 | if available.
| ||||||
12 | (2) Information detailing any charges relating to the | ||||||
13 | arrest.
| ||||||
14 | (3) The time and location of the arrest.
| ||||||
15 | (4) The name of the investigating or arresting law | ||||||
16 | enforcement
agency.
| ||||||
17 | (5) If the individual is incarcerated, the conditions | ||||||
18 | of pretrial release amount of any
bail or bond .
| ||||||
19 | (6) If the individual is incarcerated, the time and | ||||||
20 | date that the
individual was received, discharged, or | ||||||
21 | transferred from the arresting
agency's custody.
| ||||||
22 | (b) The information required by this Section must be made | ||||||
23 | available to the
news media for inspection and copying as soon | ||||||
24 | as practicable, but in no event
shall the time period exceed 72 | ||||||
25 | hours from the arrest. The information
described in items (3), |
| |||||||
| |||||||
1 | (4), (5), and (6) of subsection (a),
however, may be withheld | ||||||
2 | if it is determined that disclosure would (i)
interfere with | ||||||
3 | pending or actually and reasonably contemplated law | ||||||
4 | enforcement
proceedings conducted by any law enforcement or | ||||||
5 | correctional agency; (ii)
endanger the life or physical safety | ||||||
6 | of law enforcement or correctional
personnel or any other | ||||||
7 | person; or (iii) compromise the security of any
correctional | ||||||
8 | facility.
| ||||||
9 | (c) For the purposes of this Section, the term "news media" | ||||||
10 | means personnel
of a newspaper or other periodical issued at | ||||||
11 | regular intervals whether in print
or electronic format, a news | ||||||
12 | service whether in print or electronic format, a
radio station, | ||||||
13 | a television station, a television network, a community antenna
| ||||||
14 | television service, or a person or corporation engaged in | ||||||
15 | making news reels or
other motion picture news for public | ||||||
16 | showing.
| ||||||
17 | (d) Each law enforcement or correctional agency may charge | ||||||
18 | fees
for arrest records, but in no instance may the fee exceed | ||||||
19 | the actual cost of
copying and reproduction. The fees may not | ||||||
20 | include the cost of the labor used
to reproduce the arrest | ||||||
21 | record.
| ||||||
22 | (e) The provisions of this Section do not supersede the | ||||||
23 | confidentiality
provisions for arrest records of the Juvenile | ||||||
24 | Court Act of 1987.
| ||||||
25 | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||||||
26 | incorporates 92-335,
eff. 8-10-01; 92-651, eff. 7-11-02.)
|
| |||||||
| |||||||
1 | Section 10-125. The State Police Act is amended by changing | ||||||
2 | Section 14 and by adding Section 17c as follows:
| ||||||
3 | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
| ||||||
4 | Sec. 14. Except as is otherwise provided in this Act, no | ||||||
5 | Department of
State Police officer shall be removed, demoted or | ||||||
6 | suspended except for
cause, upon written charges filed with the | ||||||
7 | Board by the Director and a hearing
before the Board thereon | ||||||
8 | upon not less than 10 days' notice at a place to
be designated | ||||||
9 | by the chairman thereof. At such hearing, the accused shall
be | ||||||
10 | afforded full opportunity to be heard in his or her own defense | ||||||
11 | and
to produce proof in his or her defense. It shall not be a | ||||||
12 | requirement of a person Anyone filing a complaint against a | ||||||
13 | State Police Officer to must have a the complaint supported by | ||||||
14 | a sworn affidavit or any other legal documentation. This ban on | ||||||
15 | an affidavit requirement shall apply to any collective | ||||||
16 | bargaining agreements entered after the effective date of this | ||||||
17 | provision .
Any such complaint, having been supported by a sworn | ||||||
18 | affidavit, and having been found, in total or in part, to | ||||||
19 | contain false information, shall be presented to the | ||||||
20 | appropriate State's Attorney for a determination of | ||||||
21 | prosecution.
| ||||||
22 | Before any such officer may be interrogated or examined by | ||||||
23 | or before the
Board, or by a departmental agent or investigator | ||||||
24 | specifically assigned
to conduct an internal investigation, |
| |||||||
| |||||||
1 | the results of which hearing,
interrogation
or examination may | ||||||
2 | be the basis for filing charges seeking his or her
suspension | ||||||
3 | for more than 15 days or his or her removal or discharge,
he or | ||||||
4 | she shall be advised in writing as to what specific improper or
| ||||||
5 | illegal act he or she is alleged to have committed; he or she | ||||||
6 | shall
be advised in writing that his or her admissions made in | ||||||
7 | the course
of the hearing, interrogation or examination may be | ||||||
8 | used as the basis for
charges seeking his or her suspension, | ||||||
9 | removal or discharge; and he
or she shall be advised in writing | ||||||
10 | that he or she has a right to
counsel of his or her choosing, | ||||||
11 | who may be present to advise him or
her at any hearing, | ||||||
12 | interrogation or examination. A complete record of
any hearing, | ||||||
13 | interrogation or examination shall be made, and a complete
| ||||||
14 | transcript or electronic recording thereof shall be made | ||||||
15 | available to such
officer without charge and without delay.
| ||||||
16 | The Board shall have the power to secure by its subpoena
| ||||||
17 | both the attendance and testimony of witnesses and the | ||||||
18 | production of books
and papers in support of the charges and | ||||||
19 | for the defense. Each member of
the Board or a designated | ||||||
20 | hearing officer shall have the power to administer
oaths or | ||||||
21 | affirmations. If the charges against an accused are established
| ||||||
22 | by a preponderance of evidence, the Board shall make a finding | ||||||
23 | of guilty
and order either removal, demotion, suspension for a | ||||||
24 | period of not more
than 180 days, or such other disciplinary | ||||||
25 | punishment as may be prescribed
by the rules and regulations of | ||||||
26 | the Board which, in the opinion of the members
thereof, the |
| |||||||
| |||||||
1 | offense merits. Thereupon the
Director shall direct such | ||||||
2 | removal or other punishment as ordered by the
Board and if the | ||||||
3 | accused refuses to abide by any such disciplinary
order, the | ||||||
4 | Director shall remove him or her forthwith.
| ||||||
5 | If the accused is found not guilty or has served a period | ||||||
6 | of suspension
greater than prescribed by the Board, the Board | ||||||
7 | shall order that the officer receive compensation for the | ||||||
8 | period involved.
The award of compensation shall include | ||||||
9 | interest at the rate of 7% per
annum.
| ||||||
10 | The Board may include in its order appropriate sanctions | ||||||
11 | based upon the
Board's rules and regulations. If the Board | ||||||
12 | finds that a party has made
allegations or denials without | ||||||
13 | reasonable cause or has engaged in frivolous
litigation for the | ||||||
14 | purpose of delay or needless increase in the cost of
| ||||||
15 | litigation, it may order that party to pay the other party's | ||||||
16 | reasonable
expenses, including costs and reasonable attorney's | ||||||
17 | fees. The State of
Illinois and the Department shall be subject | ||||||
18 | to these sanctions in the same
manner as other parties.
| ||||||
19 | In case of the neglect or refusal of any person to obey a | ||||||
20 | subpoena issued
by the Board, any circuit court, upon | ||||||
21 | application
of any member of the Board, may order such person | ||||||
22 | to appear before the Board
and give testimony or produce | ||||||
23 | evidence, and any failure to obey such order
is punishable by | ||||||
24 | the court as a contempt thereof.
| ||||||
25 | The provisions of the Administrative Review Law, and all | ||||||
26 | amendments and
modifications thereof, and the rules adopted |
| |||||||
| |||||||
1 | pursuant thereto, shall apply
to and govern all proceedings for | ||||||
2 | the judicial review of any order of the
Board rendered pursuant | ||||||
3 | to the provisions of this Section.
| ||||||
4 | Notwithstanding the provisions of this Section, a policy | ||||||
5 | making
officer, as defined in the Employee Rights Violation | ||||||
6 | Act, of the Department
of State Police shall be discharged from | ||||||
7 | the Department of State Police as
provided in the Employee | ||||||
8 | Rights Violation Act, enacted by the 85th General
Assembly.
| ||||||
9 | (Source: P.A. 96-891, eff. 5-10-10.)
| ||||||
10 | (20 ILCS 2610/17c new) | ||||||
11 | Sec. 17c. Military equipment surplus program. | ||||||
12 | (a) For purposes of this Section: | ||||||
13 | "Bayonet" means a large knife designed to be attached to | ||||||
14 | the muzzle of a rifle, shotgun, or long gun for the purpose of | ||||||
15 | hand-to-hand combat. | ||||||
16 | "Grenade launcher" means a firearm or firearm accessory | ||||||
17 | designed to launch small explosive projectiles. | ||||||
18 | "Military equipment surplus program" means any federal or | ||||||
19 | State program allowing a law enforcement agency to obtain | ||||||
20 | surplus military equipment including, but not limit to, any | ||||||
21 | program organized under Section 1122 of the National Defense | ||||||
22 | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | ||||||
23 | Section 1033 of the National Defense Authorization Act for | ||||||
24 | Fiscal Year 1997 (Pub. L. 104-201), or any program established | ||||||
25 | under 10 U.S.C. 2576a. |
| |||||||
| |||||||
1 | "Tracked armored vehicle" means a vehicle that provides | ||||||
2 | ballistic protection to its occupants and utilizes a tracked | ||||||
3 | system installed of wheels for forward motion. | ||||||
4 | "Weaponized aircraft, vessel, or vehicle" means any | ||||||
5 | aircraft, vessel, or vehicle with weapons installed. | ||||||
6 | (b) The Illinois State Police shall not request or receive | ||||||
7 | from any military equipment surplus program nor purchase or | ||||||
8 | otherwise utilize the following equipment: | ||||||
9 | (1) tracked armored vehicles; | ||||||
10 | (2) weaponized aircraft, vessels, or vehicles; | ||||||
11 | (3) firearms of .50-caliber or higher; | ||||||
12 | (4) ammunition of .50-caliber or higher; | ||||||
13 | (5) grenade launchers; or | ||||||
14 | (6) bayonets. | ||||||
15 | (c) If the Illinois State Police request other property not | ||||||
16 | prohibited by this Section from a military equipment surplus | ||||||
17 | program, the Illinois State Police shall publish notice of the | ||||||
18 | request on a publicly accessible website maintained by the | ||||||
19 | Illinois State Police within 14 days after the request.
| ||||||
20 | Section 10-130. The Illinois Criminal Justice Information | ||||||
21 | Act is amended by adding Sections 7.7 and 7.8 as follows:
| ||||||
22 | (20 ILCS 3930/7.7 new) | ||||||
23 | Sec. 7.7. Pretrial data collection. | ||||||
24 | (a) The Administrative Director of the Administrative |
| |||||||
| |||||||
1 | Officer of the Illinois Courts shall convene an oversight board | ||||||
2 | to be known as the Pretrial Practices Data Oversight Board to | ||||||
3 | oversee the collection and analysis of data regarding pretrial | ||||||
4 | practices in circuit court systems. The Board shall include, | ||||||
5 | but is not limited to, designees from the Administrative Office | ||||||
6 | of the Illinois Courts, the Illinois Criminal Justice | ||||||
7 | Information Authority, and other entities that possess | ||||||
8 | knowledge of pretrial practices and data collection issues. | ||||||
9 | Members of the Board shall serve without compensation. | ||||||
10 | (b) The Oversight Board shall: | ||||||
11 | (1) identify existing pretrial data collection | ||||||
12 | processes in local jurisdictions; | ||||||
13 | (2) define, gather and maintain records of pretrial | ||||||
14 | data relating to the topics listed in subsection (c) from | ||||||
15 | circuit clerks' offices, sheriff's departments, law | ||||||
16 | enforcement agencies, jails, pretrial departments, | ||||||
17 | probation department, State's Attorneys' offices, public | ||||||
18 | defenders' offices and other applicable criminal justice | ||||||
19 | system agencies; | ||||||
20 | (3) identify resources necessary to systematically | ||||||
21 | collect and report data related to the topics listed in | ||||||
22 | subsections (c); and | ||||||
23 | (4) develop a plan to implement data collection | ||||||
24 | processes sufficient to collect data on the topics listed | ||||||
25 | in subsection (c) no later than one year after the | ||||||
26 | effective date of this amendatory Act of the 101st General |
| |||||||
| |||||||
1 | Assembly.
The plan and, once implemented, the reports and | ||||||
2 | analysis shall be published and made publicly available on | ||||||
3 | the Administrative Office of the Illinois Courts (AOIC) | ||||||
4 | website. | ||||||
5 | (c) The Pretrial Practices Data Oversight Board shall | ||||||
6 | develop a strategy to collect quarterly, county-level data on | ||||||
7 | the following topics; which collection of data shall begin | ||||||
8 | starting one year after the effective date of this amendatory | ||||||
9 | Act of the 101st General Assembly: | ||||||
10 | (1) information on all persons arrested and charged | ||||||
11 | with misdemeanor or felony charges, or both, including | ||||||
12 | information on persons released directly from law | ||||||
13 | enforcement custody; | ||||||
14 | (2) information on the outcomes of pretrial conditions | ||||||
15 | and pretrial detention hearings in the county courts, | ||||||
16 | including but not limited to the number of hearings held, | ||||||
17 | the number of defendants detained, the number of defendants | ||||||
18 | released, and the number of defendants released with | ||||||
19 | electronic monitoring; | ||||||
20 | (3) information regarding persons detained in the | ||||||
21 | county jail pretrial, including, but not limited to, the | ||||||
22 | number of persons detained in the jail pretrial and the | ||||||
23 | number detained in the jail for other reasons, the | ||||||
24 | demographics of the pretrial jail population, race, sex, | ||||||
25 | sexual orientation, gender identity,age, and ethnicity, | ||||||
26 | the charges including on which pretrial defendants are |
| |||||||
| |||||||
1 | detained, the average length of stay of pretrial | ||||||
2 | defendants; | ||||||
3 | (4) information regarding persons placed on electronic | ||||||
4 | monitoring programs pretrial, including, but not limited | ||||||
5 | to, the number of participants, the demographics of the | ||||||
6 | participant population, including race, sex, sexual | ||||||
7 | orientation, gender identity, age, and ethnicity, the | ||||||
8 | charges on which participants are ordered to the program, | ||||||
9 | and the average length of participation in the program; | ||||||
10 | (5) discharge data regarding persons detained pretrial | ||||||
11 | in the county jail, including, but not limited to, the | ||||||
12 | number who are sentenced to the Illinois Department of | ||||||
13 | Corrections, the number released after being sentenced to | ||||||
14 | time served, the number who are released on probation, | ||||||
15 | conditional discharge, or other community supervision, the | ||||||
16 | number found not guilty, the number whose cases are | ||||||
17 | dismissed, the number whose cases are dismissed as part of | ||||||
18 | diversion or deferred prosecution program, and the number | ||||||
19 | who are released pretrial after a hearing re-examining | ||||||
20 | their pretrial detention; | ||||||
21 | (6) information on the pretrial rearrest of | ||||||
22 | individuals released pretrial, including the number | ||||||
23 | arrested and charged with a new misdemeanor offense while | ||||||
24 | released, the number arrested and charged with a new felony | ||||||
25 | offense while released, and the number arrested and charged | ||||||
26 | with a new forcible felony offense while released, and how |
| |||||||
| |||||||
1 | long after release these arrests occurred; | ||||||
2 | (7) information on the pretrial failure to appear rates | ||||||
3 | of individuals released pretrial, including the number who | ||||||
4 | missed one or more court dates, how many warrants for | ||||||
5 | failures to appear were issued, and how many individuals | ||||||
6 | were detained pretrial or placed on electronic monitoring | ||||||
7 | pretrial after a failure to appear in court; | ||||||
8 | (8) what, if any, validated pretrial risk assessment | ||||||
9 | tools are in use in each jurisdiction, and comparisons of | ||||||
10 | the pretrial release and pretrial detention decisions of | ||||||
11 | judges as compared to and the risk assessment scores of | ||||||
12 | individuals; and | ||||||
13 | (9) any other information the Pretrial Practices Data | ||||||
14 | Oversight Board considers important and probative of the | ||||||
15 | effectiveness of pretrial practices in the state of | ||||||
16 | Illinois.
d) Circuit clerks' offices, sheriff's | ||||||
17 | departments, law enforcement agencies, jails, pretrial | ||||||
18 | departments, probation department, State's Attorneys' | ||||||
19 | offices, public defenders' offices and other applicable | ||||||
20 | criminal justice system agencies are mandated to provide | ||||||
21 | data to the Administrative Office of the Illinois Courts as | ||||||
22 | described in subsection (c).
| ||||||
23 | (20 ILCS 3930/7.8 new) | ||||||
24 | Sec. 7.8. Domestic Violence Pretrial Practices Working | ||||||
25 | Group. |
| |||||||
| |||||||
1 | (a) The Executive Director of the Illinois Criminal Justice | ||||||
2 | Information Authority shall convene a working group to research | ||||||
3 | and issue a report on current practices in pretrial domestic | ||||||
4 | violence courts throughout the state of Illinois. | ||||||
5 | (b) The working group shall include, but is not limited to, | ||||||
6 | designees from the Administrative Office of the Illinois | ||||||
7 | Courts, the Illinois Criminal Justice Information Authority, | ||||||
8 | Domestic Violence victims' advocates, formerly incarcerated | ||||||
9 | victims of violence, legal practitioners, and other entities | ||||||
10 | that possess knowledge of evidence-based practices surrounding | ||||||
11 | domestic violence and current pretrial practices in Illinois. | ||||||
12 | (c) The group shall meet quarterly and no later than 15 | ||||||
13 | months after the effective date of this amendatory Act of the | ||||||
14 | 101st General Assembly issue a preliminary report on the state | ||||||
15 | of current practice across the state in regards to pretrial | ||||||
16 | practices and domestic violence and no later than 15 months | ||||||
17 | after the release of the preliminary report, issue a final | ||||||
18 | report issuing recommendations for evidence-based improvements | ||||||
19 | to court procedures. | ||||||
20 | (d) Members of the working group shall serve without | ||||||
21 | compensation.
| ||||||
22 | Section 10-135. The Public Officer Prohibited Activities | ||||||
23 | Act is amended by adding Section 4.1 as follows:
| ||||||
24 | (50 ILCS 105/4.1 new) |
| |||||||
| |||||||
1 | Sec. 4.1. Retaliation against a whistleblower. | ||||||
2 | (a) It is prohibited for a unit of local government, any | ||||||
3 | agent or representative of a unit of local government, or | ||||||
4 | another employee to retaliate against an employee or contractor | ||||||
5 | who: | ||||||
6 | (1) reports an improper governmental action under this | ||||||
7 | Section; | ||||||
8 | (2) cooperates with an investigation by an auditing | ||||||
9 | official related to a report of improper governmental | ||||||
10 | action; or | ||||||
11 | (3) testifies in a proceeding or prosecution arising | ||||||
12 | out of an improper governmental action. | ||||||
13 | (b) To invoke the protections of this Section, an employee | ||||||
14 | shall make a written report of improper governmental action to | ||||||
15 | the appropriate auditing official. An employee who believes he | ||||||
16 | or she has been retaliated against in violation of this Section | ||||||
17 | must submit a written report to the auditing official within 60 | ||||||
18 | days of gaining knowledge of the retaliatory action. If the | ||||||
19 | auditing official is the individual doing the improper | ||||||
20 | governmental action, then a report under this subsection may be | ||||||
21 | submitted to any State's Attorney. | ||||||
22 | (c) Each auditing official shall establish written | ||||||
23 | processes and procedures for managing complaints filed under | ||||||
24 | this Section, and each auditing official shall investigate and | ||||||
25 | dispose of reports of improper governmental action in | ||||||
26 | accordance with these processes and procedures.
If an auditing |
| |||||||
| |||||||
1 | official concludes that an improper governmental action has | ||||||
2 | taken place or concludes that the relevant unit of local | ||||||
3 | government, department, agency, or supervisory officials have | ||||||
4 | hindered the auditing official's investigation into the | ||||||
5 | report, the auditing official shall notify in writing the chief | ||||||
6 | executive of the unit of local government and any other | ||||||
7 | individual or entity the auditing official deems necessary in | ||||||
8 | the circumstances. | ||||||
9 | (d) An auditing official may transfer a report of improper | ||||||
10 | governmental action to another auditing official for | ||||||
11 | investigation if an auditing official deems it appropriate, | ||||||
12 | including, but not limited to, the appropriate State's | ||||||
13 | Attorney. | ||||||
14 | (e) To the extent allowed by law, the identity of an | ||||||
15 | employee reporting information about an improper governmental | ||||||
16 | action shall be kept confidential unless the employee waives | ||||||
17 | confidentiality in writing. Auditing officials may take | ||||||
18 | reasonable measures to protect employees who reasonably | ||||||
19 | believe they may be subject to bodily harm for reporting | ||||||
20 | improper government action. | ||||||
21 | (f) The following remedies are available to employees | ||||||
22 | subjected to adverse actions for reporting improper government | ||||||
23 | action: | ||||||
24 | (1) Auditing officials may reinstate, reimburse for | ||||||
25 | lost wages or expenses incurred, promote, or provide some | ||||||
26 | other form of restitution. |
| |||||||
| |||||||
1 | (2) In instances where an auditing official determines | ||||||
2 | that restitution will not suffice, the auditing official | ||||||
3 | may make his or her investigation findings available for | ||||||
4 | the purposes of aiding in that employee or the employee's | ||||||
5 | attorney's effort to make the employee whole. | ||||||
6 | (g) A person who engages in prohibited retaliatory action | ||||||
7 | under subsection (a) is subject to the following penalties: a | ||||||
8 | fine of no less than $500 and no more than $5,000, suspension | ||||||
9 | without pay, demotion, discharge, civil or criminal | ||||||
10 | prosecution, or any combination of these penalties, as | ||||||
11 | appropriate. | ||||||
12 | (h) Every employee shall receive a written summary or a | ||||||
13 | complete copy of this Section upon commencement of employment | ||||||
14 | and at least once each year of employment. At the same time, | ||||||
15 | the employee shall also receive a copy of the written processes | ||||||
16 | and procedures for reporting improper governmental actions | ||||||
17 | from the applicable auditing official. | ||||||
18 | (i) As used in this Section: | ||||||
19 | "Auditing official" means any elected, appointed, or hired | ||||||
20 | individual, by whatever name, in a unit of local government | ||||||
21 | whose duties are similar to, but not limited to, receiving, | ||||||
22 | registering, and investigating complaints and information | ||||||
23 | concerning misconduct, inefficiency, and waste within the unit | ||||||
24 | of local government; investigating the performance of | ||||||
25 | officers, employees, functions, and programs; and promoting | ||||||
26 | economy, efficiency, effectiveness and integrity in the |
| |||||||
| |||||||
1 | administration of the programs and operations of the | ||||||
2 | municipality. If a unit of local government does not have an | ||||||
3 | "auditing official", the "auditing official" shall be a State's | ||||||
4 | Attorney of the county in which the unit of local government is | ||||||
5 | located within. | ||||||
6 | "Employee" means anyone employed by a unit of local | ||||||
7 | government, whether in a permanent or temporary position, | ||||||
8 | including full-time, part-time, and intermittent workers. | ||||||
9 | "Employee" also includes members of appointed boards or | ||||||
10 | commissions, whether or not paid. "Employee" also includes | ||||||
11 | persons who have been terminated because of any report or | ||||||
12 | complaint submitted under this Section. | ||||||
13 | "Improper governmental action" means any action by a unit | ||||||
14 | of local government employee, an appointed member of a board, | ||||||
15 | commission, or committee, or an elected official of the unit of | ||||||
16 | local government that is undertaken in violation of a federal, | ||||||
17 | State, or unit of local government law or rule; is an abuse of | ||||||
18 | authority; violates the public's trust or expectation of his or | ||||||
19 | her conduct; is of substantial and specific danger to the | ||||||
20 | public's health or safety; or is a gross waste of public funds. | ||||||
21 | The action need not be within the scope of the employee's, | ||||||
22 | elected official's, board member's, commission member's, or | ||||||
23 | committee member's official duties to be subject to a claim of | ||||||
24 | "improper governmental action". "Improper governmental action" | ||||||
25 | does not include a unit of local government personnel actions, | ||||||
26 | including, but not limited to employee grievances, complaints, |
| |||||||
| |||||||
1 | appointments, promotions, transfers, assignments, | ||||||
2 | reassignments, reinstatements, restorations, reemployment, | ||||||
3 | performance evaluations, reductions in pay, dismissals, | ||||||
4 | suspensions, demotions, reprimands, or violations of | ||||||
5 | collective bargaining agreements, except to the extent that the | ||||||
6 | action amounts to retaliation. | ||||||
7 | "Retaliate", "retaliation", or "retaliatory action" means | ||||||
8 | any adverse change in an employee's employment status or the | ||||||
9 | terms and conditions of employment that results from an | ||||||
10 | employee's protected activity under this Section. "Retaliatory | ||||||
11 | action" includes, but is not limited to, denial of adequate | ||||||
12 | staff to perform duties; frequent staff changes; frequent and | ||||||
13 | undesirable office changes; refusal to assign meaningful work; | ||||||
14 | unsubstantiated letters of reprimand or unsatisfactory | ||||||
15 | performance evaluations; demotion; reduction in pay; denial of | ||||||
16 | promotion; transfer or reassignment; suspension or dismissal; | ||||||
17 | or other disciplinary action made because of an employee's | ||||||
18 | protected activity under this Section.
| ||||||
19 | Section 10-140. The Local Records Act is amended by | ||||||
20 | changing Section 3b as follows:
| ||||||
21 | (50 ILCS 205/3b)
| ||||||
22 | Sec. 3b. Arrest records and reports.
| ||||||
23 | (a) When an individual is arrested, the following | ||||||
24 | information must
be made available to the news media for |
| |||||||
| |||||||
1 | inspection and copying:
| ||||||
2 | (1) Information that identifies the individual,
| ||||||
3 | including the name, age, address, and photograph, when and | ||||||
4 | if available.
| ||||||
5 | (2) Information detailing any charges relating to the | ||||||
6 | arrest.
| ||||||
7 | (3) The time and location of the arrest.
| ||||||
8 | (4) The name of the investigating or arresting law | ||||||
9 | enforcement agency.
| ||||||
10 | (5) If the individual is incarcerated, the conditions | ||||||
11 | of pretrial release amount of any bail
or bond .
| ||||||
12 | (6) If the individual is incarcerated, the time and | ||||||
13 | date that the
individual was received, discharged, or | ||||||
14 | transferred from the arresting
agency's custody.
| ||||||
15 | (b) The information required by this Section must be made | ||||||
16 | available to the
news media for inspection and copying as soon | ||||||
17 | as practicable, but in no event
shall the time period exceed 72 | ||||||
18 | hours from the arrest. The information
described in paragraphs | ||||||
19 | (3), (4), (5), and (6) of subsection (a), however,
may be | ||||||
20 | withheld if it is determined that disclosure would:
| ||||||
21 | (1) interfere with pending or actually and reasonably | ||||||
22 | contemplated law
enforcement proceedings conducted by any | ||||||
23 | law enforcement or correctional
agency;
| ||||||
24 | (2) endanger the life or physical safety of law | ||||||
25 | enforcement or
correctional personnel or any other person; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (3) compromise the security of any correctional | ||||||
2 | facility.
| ||||||
3 | (c) For the purposes of this Section the term "news media" | ||||||
4 | means personnel
of a newspaper or other periodical issued at | ||||||
5 | regular intervals whether in
print or electronic format, a news | ||||||
6 | service whether in print or electronic
format,
a radio station, | ||||||
7 | a television station, a television network, a community
antenna | ||||||
8 | television service,
or a person or corporation engaged in | ||||||
9 | making news reels or other motion picture
news for public | ||||||
10 | showing.
| ||||||
11 | (d) Each law enforcement or correctional agency may charge | ||||||
12 | fees for arrest
records, but in no instance may the fee exceed | ||||||
13 | the actual cost of copying and
reproduction. The fees may not | ||||||
14 | include the cost of the labor used to reproduce
the arrest | ||||||
15 | record.
| ||||||
16 | (e) The provisions of this Section do not supersede the | ||||||
17 | confidentiality
provisions for arrest records of the Juvenile | ||||||
18 | Court Act of 1987.
| ||||||
19 | (f) All information, including photographs, made available | ||||||
20 | under this Section is subject to the provisions of Section 2QQQ | ||||||
21 | of the Consumer Fraud and Deceptive Business Practices Act. | ||||||
22 | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)
| ||||||
23 | Section 10-141. The Local Records Act is amended by adding | ||||||
24 | Section 25 as follows:
|
| |||||||
| |||||||
1 | (50 ILCS 205/25 new) | ||||||
2 | Sec. 25. Police misconduct records. Notwithstanding any | ||||||
3 | other provision of law to the contrary, all public records and | ||||||
4 | nonpublic records related to complaints, investigations, and | ||||||
5 | adjudications of police misconduct shall be permanently | ||||||
6 | retained and may not be destroyed.
| ||||||
7 | Section 10-143. The Illinois Police Training Act is amended | ||||||
8 | by changing Sections 6, 6.2, 7, and 10.17 and by adding Section | ||||||
9 | 10.6 as follows:
| ||||||
10 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
11 | Sec. 6. Powers and duties of the Board; selection and | ||||||
12 | certification of schools. The Board shall select
and certify | ||||||
13 | schools within the State of
Illinois for the purpose of | ||||||
14 | providing basic training for probationary
police officers, | ||||||
15 | probationary county corrections officers, and
court security | ||||||
16 | officers and
of providing advanced or in-service training for | ||||||
17 | permanent police officers
or permanent
county corrections | ||||||
18 | officers, which schools may be either publicly or
privately | ||||||
19 | owned and operated. In addition, the Board has the following
| ||||||
20 | power and duties:
| ||||||
21 | a. To require local governmental units to furnish such | ||||||
22 | reports and
information as the Board deems necessary to | ||||||
23 | fully implement this Act.
| ||||||
24 | b. To establish appropriate mandatory minimum |
| |||||||
| |||||||
1 | standards
relating to the training of probationary local | ||||||
2 | law enforcement officers
or probationary county | ||||||
3 | corrections officers, and in-service training of permanent | ||||||
4 | police officers.
| ||||||
5 | c. To provide appropriate certification to those | ||||||
6 | probationary
officers who successfully complete the | ||||||
7 | prescribed minimum standard basic
training course.
| ||||||
8 | d. To review and approve annual training curriculum for | ||||||
9 | county sheriffs.
| ||||||
10 | e. To review and approve applicants to ensure that no | ||||||
11 | applicant is admitted
to a certified academy unless the | ||||||
12 | applicant is a person of good character
and has not been | ||||||
13 | convicted of, or entered a plea of guilty to, a felony | ||||||
14 | offense, any of the
misdemeanors in Sections 11-1.50, 11-6, | ||||||
15 | 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, | ||||||
16 | 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the | ||||||
17 | Criminal Code
of
1961 or the Criminal Code of 2012, | ||||||
18 | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
20 | subsection (a) of Section 17-32 of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of | ||||||
22 | the Cannabis Control Act, or a crime involving
moral
| ||||||
23 | turpitude under the laws of this State or any other state | ||||||
24 | which if
committed in this State would be punishable as a | ||||||
25 | felony or a crime of
moral turpitude. The Board may appoint | ||||||
26 | investigators who shall enforce
the duties conferred upon |
| |||||||
| |||||||
1 | the Board by this Act.
| ||||||
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 | (Source: P.A. 101-187, eff. 1-1-20 .)
| ||||||
7 | (50 ILCS 705/6.2)
| ||||||
8 | Sec. 6.2. Officer professional conduct database.
| ||||||
9 | (a) All law enforcement agencies shall notify the Board of | ||||||
10 | any final determination of willful violation of department or | ||||||
11 | agency policy, official misconduct, or violation of law when:
| ||||||
12 | (1) the officer is discharged or dismissed as a result | ||||||
13 | of the violation; or
| ||||||
14 | (2) the officer resigns during the course of an | ||||||
15 | investigation and after the officer has been served notice | ||||||
16 | that he or she is under investigation that is based on the | ||||||
17 | commission of any a Class 2 or greater felony or sex | ||||||
18 | offense .
| ||||||
19 | The agency shall report to the Board within 30 days of a | ||||||
20 | final decision of discharge or dismissal and final exhaustion | ||||||
21 | of any appeal, or resignation, and shall provide information | ||||||
22 | regarding the nature of the violation.
| ||||||
23 | (b) Upon receiving notification from a law enforcement | ||||||
24 | agency, the Board must notify the law enforcement officer of | ||||||
25 | the report and his or her right to provide a statement |
| |||||||
| |||||||
1 | regarding the reported violation. | ||||||
2 | (c) The Board shall maintain a database readily available | ||||||
3 | to any chief administrative officer, or his or her designee, of | ||||||
4 | a law enforcement agency or any State's Attorney that shall | ||||||
5 | show each reported instance, including the name of the officer, | ||||||
6 | the nature of the violation, reason for the final decision of | ||||||
7 | discharge or dismissal, and any statement provided by the | ||||||
8 | officer.
| ||||||
9 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
10 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
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 police officers | ||||||
15 | which shall be
offered by all certified schools shall | ||||||
16 | include, but not be limited to,
courses of procedural | ||||||
17 | justice, arrest and use and control tactics, search and | ||||||
18 | seizure, including temporary questioning, civil rights, | ||||||
19 | human rights, human relations,
cultural competency, | ||||||
20 | including implicit bias and racial and ethnic sensitivity,
| ||||||
21 | criminal law, law of criminal procedure, constitutional | ||||||
22 | and proper use of law enforcement authority, crisis | ||||||
23 | intervention training, vehicle and traffic law including
| ||||||
24 | uniform and non-discriminatory enforcement of the Illinois | ||||||
25 | Vehicle Code,
traffic control and accident investigation, |
| |||||||
| |||||||
1 | techniques of obtaining
physical evidence, court | ||||||
2 | testimonies, statements, reports, firearms
training, | ||||||
3 | training in the use of electronic control devices, | ||||||
4 | including the psychological and physiological effects of | ||||||
5 | the use of those devices on humans, first-aid (including | ||||||
6 | cardiopulmonary resuscitation), training in the | ||||||
7 | administration of opioid antagonists as defined in | ||||||
8 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
9 | Substance Use Disorder Act, handling of
juvenile | ||||||
10 | offenders, recognition of
mental conditions and crises, | ||||||
11 | including, but not limited to, the disease of addiction, | ||||||
12 | which require immediate assistance and response and | ||||||
13 | methods to
safeguard and provide assistance to a person in | ||||||
14 | need of mental
treatment, recognition of abuse, neglect, | ||||||
15 | financial exploitation, and self-neglect of adults with | ||||||
16 | disabilities and older adults, as defined in Section 2 of | ||||||
17 | the Adult Protective Services Act, crimes against the | ||||||
18 | elderly, law of evidence, the hazards of high-speed police | ||||||
19 | vehicle
chases with an emphasis on alternatives to the | ||||||
20 | high-speed chase, and
physical training. The curriculum | ||||||
21 | shall include specific training in
techniques for | ||||||
22 | immediate response to and investigation of cases of | ||||||
23 | domestic
violence and of sexual assault of adults and | ||||||
24 | children, including cultural perceptions and common myths | ||||||
25 | of sexual assault and sexual abuse as well as interview | ||||||
26 | techniques that are age sensitive and are trauma informed, |
| |||||||
| |||||||
1 | victim centered, and victim sensitive. The curriculum | ||||||
2 | shall include
training in techniques designed to promote | ||||||
3 | effective
communication at the initial contact with crime | ||||||
4 | victims and ways to comprehensively
explain to victims and | ||||||
5 | witnesses their rights under the Rights
of Crime Victims | ||||||
6 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
7 | The curriculum shall also include training in effective | ||||||
8 | recognition of and responses to stress, trauma, and | ||||||
9 | post-traumatic stress experienced by police officers that | ||||||
10 | is consistent with Section 25 of the Illinois Mental Health | ||||||
11 | First Aid Training Act in a peer setting, including | ||||||
12 | recognizing signs and symptoms of work-related cumulative | ||||||
13 | stress, issues that may lead to suicide, and solutions for | ||||||
14 | intervention with peer support resources. The curriculum | ||||||
15 | shall include a block of instruction addressing the | ||||||
16 | mandatory reporting requirements under the Abused and | ||||||
17 | Neglected Child Reporting Act. The curriculum shall also | ||||||
18 | include a block of instruction aimed at identifying and | ||||||
19 | interacting with persons with autism and other | ||||||
20 | developmental or physical disabilities, reducing barriers | ||||||
21 | to reporting crimes against persons with autism, and | ||||||
22 | addressing the unique challenges presented by cases | ||||||
23 | involving victims or witnesses with autism and other | ||||||
24 | developmental disabilities. The curriculum shall include | ||||||
25 | training in the detection and investigation of all forms of | ||||||
26 | human trafficking. The curriculum shall also include |
| |||||||
| |||||||
1 | instruction in trauma-informed responses designed to | ||||||
2 | ensure the physical safety and well-being of a child of an | ||||||
3 | arrested parent or immediate family member; this | ||||||
4 | instruction must include, but is not limited to: (1) | ||||||
5 | understanding the trauma experienced by the child while | ||||||
6 | maintaining the integrity of the arrest and safety of | ||||||
7 | officers, suspects, and other involved individuals; (2) | ||||||
8 | de-escalation tactics that would include the use of force | ||||||
9 | when reasonably necessary; and (3) inquiring whether a | ||||||
10 | child will require supervision and care. The curriculum for | ||||||
11 | probationary police officers shall include: (1) at least 12 | ||||||
12 | hours of hands-on, scenario-based role-playing; (2) at | ||||||
13 | least 6 hours of instruction on use of force techniques, | ||||||
14 | including the use of de-escalation techniques to prevent or | ||||||
15 | reduce the need for force whenever safe and feasible; (3) | ||||||
16 | specific training on officer safety techniques, including | ||||||
17 | cover, concealment, and time; and (4) at least 6 hours of | ||||||
18 | training focused on high-risk traffic stops. The | ||||||
19 | curriculum for
permanent police officers shall include, | ||||||
20 | but not be limited to: (1) refresher
and in-service | ||||||
21 | training in any of the courses listed above in this
| ||||||
22 | subparagraph, (2) advanced courses in any of the subjects | ||||||
23 | listed above in
this subparagraph, (3) training for | ||||||
24 | supervisory personnel, and (4)
specialized training in | ||||||
25 | subjects and fields to be selected by the board. The | ||||||
26 | training in the use of electronic control devices shall be |
| |||||||
| |||||||
1 | conducted for probationary police officers, including | ||||||
2 | University police officers.
| ||||||
3 | b. Minimum courses of study, attendance requirements | ||||||
4 | and equipment
requirements.
| ||||||
5 | c. Minimum requirements for instructors.
| ||||||
6 | d. Minimum basic training requirements, which a | ||||||
7 | probationary police
officer must satisfactorily complete | ||||||
8 | before being eligible for permanent
employment as a local | ||||||
9 | law enforcement officer for a participating local
| ||||||
10 | governmental agency. Those requirements shall include | ||||||
11 | training in first aid
(including cardiopulmonary | ||||||
12 | resuscitation).
| ||||||
13 | e. Minimum basic training requirements, which a | ||||||
14 | probationary county
corrections officer must | ||||||
15 | satisfactorily complete before being eligible for
| ||||||
16 | permanent employment as a county corrections officer for a | ||||||
17 | participating
local governmental agency.
| ||||||
18 | f. Minimum basic training requirements which a | ||||||
19 | probationary court
security officer must satisfactorily | ||||||
20 | complete before being eligible for
permanent employment as | ||||||
21 | a court security officer for a participating local
| ||||||
22 | governmental agency. The Board shall
establish those | ||||||
23 | training requirements which it considers appropriate for | ||||||
24 | court
security officers and shall certify schools to | ||||||
25 | conduct that training.
| ||||||
26 | A person hired to serve as a court security officer |
| |||||||
| |||||||
1 | must obtain from the
Board a certificate (i) attesting to | ||||||
2 | his or her successful completion of the
training course; | ||||||
3 | (ii) attesting to his or her satisfactory
completion of a | ||||||
4 | training program of similar content and number of hours | ||||||
5 | that
has been found acceptable by the Board under the | ||||||
6 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
7 | determination that the training
course is unnecessary | ||||||
8 | because of the person's extensive prior law enforcement
| ||||||
9 | experience.
| ||||||
10 | Individuals who currently serve as court security | ||||||
11 | officers shall be deemed
qualified to continue to serve in | ||||||
12 | that capacity so long as they are certified
as provided by | ||||||
13 | this Act within 24 months of June 1, 1997 (the effective | ||||||
14 | date of Public Act 89-685). Failure to be so certified, | ||||||
15 | absent a waiver from the
Board, shall cause the officer to | ||||||
16 | forfeit his or her position.
| ||||||
17 | All individuals hired as court security officers on or | ||||||
18 | after June 1, 1997 (the effective
date of Public Act | ||||||
19 | 89-685) shall be certified within 12 months of the
date of | ||||||
20 | their hire, unless a waiver has been obtained by the Board, | ||||||
21 | or they
shall forfeit their positions.
| ||||||
22 | The Sheriff's Merit Commission, if one exists, or the | ||||||
23 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
24 | shall maintain a list of all
individuals who have filed | ||||||
25 | applications to become court security officers and
who meet | ||||||
26 | the eligibility requirements established under this Act. |
| |||||||
| |||||||
1 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
2 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
3 | establish a schedule of reasonable intervals for
| ||||||
4 | verification of the applicants' qualifications under
this | ||||||
5 | Act and as established by the Board.
| ||||||
6 | g. Minimum in-service training requirements, which a | ||||||
7 | police officer must satisfactorily complete every 3 years. | ||||||
8 | Those requirements shall include constitutional and proper | ||||||
9 | use of law enforcement authority, procedural justice, | ||||||
10 | civil rights, human rights, mental health awareness and | ||||||
11 | response, officer wellness, reporting child abuse and | ||||||
12 | neglect, and cultural competency , including implicit bias | ||||||
13 | and racial and ethnic sensitivity . | ||||||
14 | h. Minimum in-service training requirements, which a | ||||||
15 | police officer must satisfactorily complete at least | ||||||
16 | annually. Those requirements shall include law updates , | ||||||
17 | emergency medical response training and certification, | ||||||
18 | crisis intervention training, and officer wellness and | ||||||
19 | mental health and use of force training which shall include | ||||||
20 | scenario based training, or similar training approved by | ||||||
21 | the Board . | ||||||
22 | i. Minimum in-service training requirements as set | ||||||
23 | forth in Section 10.6. | ||||||
24 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
25 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
26 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, |
| |||||||
| |||||||
1 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
2 | 101-564, eff. 1-1-20; revised 9-10-19.)
| ||||||
3 | (50 ILCS 705/10.6 new) | ||||||
4 | Sec. 10.6. Mandatory training to be completed every 3 | ||||||
5 | years. The Board shall adopt rules and
minimum standards for | ||||||
6 | in-service training requirements as set forth in this Section. | ||||||
7 | The training shall provide officers with knowledge of policies | ||||||
8 | and laws regulating the use of force; equip officers with | ||||||
9 | tactics and skills, including de-escalation techniques, to | ||||||
10 | prevent or reduce the need to use force or, when force must be | ||||||
11 | used, to use force that is objectively reasonable, necessary, | ||||||
12 | and proportional under the totality of the circumstances; and | ||||||
13 | ensure appropriate supervision and accountability.
The | ||||||
14 | training shall consist of at least 30 hours of training every 3 | ||||||
15 | years and shall include: | ||||||
16 | (1) At least 12 hours of hands-on, scenario-based | ||||||
17 | role-playing. | ||||||
18 | (2) At least 6 hours of instruction on use of force | ||||||
19 | techniques, including the use of de-escalation techniques to | ||||||
20 | prevent or reduce the need for force whenever safe and | ||||||
21 | feasible. | ||||||
22 | (3) Specific training on the law concerning stops, | ||||||
23 | searches, and the use of force under the Fourth Amendment to | ||||||
24 | the United States Constitution. | ||||||
25 | (4) Specific training on officer safety techniques, |
| |||||||
| |||||||
1 | including cover, concealment, and time. | ||||||
2 | (5) At least 6 hours of training focused on high-risk | ||||||
3 | traffic stops.
| ||||||
4 | (50 ILCS 705/10.17) | ||||||
5 | Sec. 10.17. Crisis intervention team training; mental | ||||||
6 | health awareness training. | ||||||
7 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
8 | shall develop and approve a standard curriculum for certified | ||||||
9 | training programs in crisis intervention of at least 40 hours | ||||||
10 | addressing specialized policing responses to people with | ||||||
11 | mental illnesses. The Board shall conduct Crisis Intervention | ||||||
12 | Team (CIT) training programs that train officers to identify | ||||||
13 | signs and symptoms of mental illness, to de-escalate situations | ||||||
14 | involving individuals who appear to have a mental illness, and | ||||||
15 | connect that person in crisis to treatment. Crisis Intervention | ||||||
16 | Team (CIT) training programs shall be a collaboration between | ||||||
17 | law enforcement professionals, mental health providers, | ||||||
18 | families, and consumer advocates and must minimally include the | ||||||
19 | following components:
(1) basic information about mental | ||||||
20 | illnesses and how to recognize them; (2) information about | ||||||
21 | mental health laws and resources; (3) learning from family | ||||||
22 | members of individuals with mental illness and their | ||||||
23 | experiences; and (4) verbal de-escalation training and | ||||||
24 | role-plays. Officers who have successfully completed this | ||||||
25 | program shall be issued a certificate attesting to their |
| |||||||
| |||||||
1 | attendance of a Crisis Intervention Team (CIT) training | ||||||
2 | program.
| ||||||
3 | (b) The Board shall create an introductory course | ||||||
4 | incorporating adult learning models that provides law | ||||||
5 | enforcement officers with an awareness of mental health issues | ||||||
6 | including a history of the mental health system, types of | ||||||
7 | mental health illness including signs and symptoms of mental | ||||||
8 | illness and common treatments and medications, and the | ||||||
9 | potential interactions law enforcement officers may have on a | ||||||
10 | regular basis with these individuals, their families, and | ||||||
11 | service providers including de-escalating a potential crisis | ||||||
12 | situation. This course, in addition to other traditional | ||||||
13 | learning settings, may be made available in an electronic | ||||||
14 | format. | ||||||
15 | (Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16; | ||||||
16 | 100-247, eff. 1-1-18 .)
| ||||||
17 | Section 10-145. The Law Enforcement Officer-Worn Body | ||||||
18 | Camera Act is amended by changing Sections 10-15, 10-20, and | ||||||
19 | 10-25 as follows:
| ||||||
20 | (50 ILCS 706/10-15)
| ||||||
21 | Sec. 10-15. Applicability. | ||||||
22 | (a) All Any law enforcement agencies must employ the use of | ||||||
23 | agency which employs the use of officer-worn body cameras in | ||||||
24 | accordance with is subject to the provisions of this Act, |
| |||||||
| |||||||
1 | whether or not the agency receives or has received monies from | ||||||
2 | the Law Enforcement Camera Grant Fund.
| ||||||
3 | (b) All law enforcement agencies must implement the use of | ||||||
4 | body cameras for all law enforcement officers, according to the | ||||||
5 | following schedule: | ||||||
6 | (1) for municipalities and counties with populations | ||||||
7 | of 500,000 or more, body cameras shall be implemented by | ||||||
8 | January 1, 2022; | ||||||
9 | (2) for municipalities and counties with populations | ||||||
10 | of 100,000 or more but under 500,000, body cameras shall be | ||||||
11 | implemented by January 1, 2023; | ||||||
12 | (3) for municipalities and counties with populations | ||||||
13 | of 50,000 or more but under 100,000, body cameras shall be | ||||||
14 | implemented by January 1, 2024; | ||||||
15 | (4) for municipalities and counties under 50,000, body | ||||||
16 | cameras shall be implemented by January 1, 2025; and | ||||||
17 | (5) for the Department of State Police, body cameras | ||||||
18 | shall be implemented by January 1, 2025. | ||||||
19 | (c) A law enforcement agency's compliance with the | ||||||
20 | requirements under this Section shall receive preference by the | ||||||
21 | Illinois Law Enforcement Training Standards Board in awarding | ||||||
22 | grant funding under the Law Enforcement Camera Grant Act. | ||||||
23 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
24 | (50 ILCS 706/10-20)
| ||||||
25 | Sec. 10-20. Requirements. |
| |||||||
| |||||||
1 | (a) The Board shall develop basic guidelines for the use of | ||||||
2 | officer-worn body cameras by law enforcement agencies. The | ||||||
3 | guidelines developed by the Board shall be the basis for the | ||||||
4 | written policy which must be adopted by each law enforcement | ||||||
5 | agency which employs the use of officer-worn body cameras. The | ||||||
6 | written policy adopted by the law enforcement agency must | ||||||
7 | include, at a minimum, all of the following: | ||||||
8 | (1) Cameras must be equipped with pre-event recording, | ||||||
9 | capable of recording at least the 30 seconds prior to | ||||||
10 | camera activation, unless the officer-worn body camera was | ||||||
11 | purchased and acquired by the law enforcement agency prior | ||||||
12 | to July 1, 2015. | ||||||
13 | (2) Cameras must be capable of recording for a period | ||||||
14 | of 10 hours or more, unless the officer-worn body camera | ||||||
15 | was purchased and acquired by the law enforcement agency | ||||||
16 | prior to July 1, 2015. | ||||||
17 | (3) Cameras must be turned on at all times when the | ||||||
18 | officer is in uniform and is responding to calls for | ||||||
19 | service or engaged in any law enforcement-related | ||||||
20 | encounter or activity, that occurs while the officer is on | ||||||
21 | duty. | ||||||
22 | (A) If exigent circumstances exist which prevent | ||||||
23 | the camera from being turned on, the camera must be | ||||||
24 | turned on as soon as practicable. | ||||||
25 | (B) Officer-worn body cameras may be turned off | ||||||
26 | when the officer is inside of a patrol car which is |
| |||||||
| |||||||
1 | equipped with a functioning in-car camera; however, | ||||||
2 | the officer must turn on the camera upon exiting the | ||||||
3 | patrol vehicle for law enforcement-related encounters. | ||||||
4 | (C) Officer-worn body cameras may be turned off | ||||||
5 | when the officer is inside a correctional facility | ||||||
6 | which is equipped with a functioning camera system. | ||||||
7 | (4) Cameras must be turned off when:
| ||||||
8 | (A) the victim of a crime requests that the camera | ||||||
9 | be turned off, and unless impractical or impossible, | ||||||
10 | that request is made on the recording; | ||||||
11 | (B) a witness of a crime or a community member who | ||||||
12 | wishes to report a crime requests that the camera be | ||||||
13 | turned off, and unless impractical or impossible that | ||||||
14 | request is made on the recording; or
| ||||||
15 | (C) the officer is interacting with a confidential | ||||||
16 | informant used by the law enforcement agency. | ||||||
17 | However, an officer may continue to record or resume | ||||||
18 | recording a victim or a witness, if exigent circumstances | ||||||
19 | exist, or if the officer has reasonable articulable | ||||||
20 | suspicion that a victim or witness, or confidential | ||||||
21 | informant has committed or is in the process of committing | ||||||
22 | a crime. Under these circumstances, and unless impractical | ||||||
23 | or impossible, the officer must indicate on the recording | ||||||
24 | the reason for continuing to record despite the request of | ||||||
25 | the victim or witness. | ||||||
26 | (4.5) Cameras may be turned off when the officer is |
| |||||||
| |||||||
1 | engaged in community caretaking functions. However, the | ||||||
2 | camera must be turned on when the officer has reason to | ||||||
3 | believe that the person on whose behalf the officer is | ||||||
4 | performing a community caretaking function has committed | ||||||
5 | or is in the process of committing a crime. If exigent | ||||||
6 | circumstances exist which prevent the camera from being | ||||||
7 | turned on, the camera must be turned on as soon as | ||||||
8 | practicable. | ||||||
9 | (5) The officer must provide notice of recording to any | ||||||
10 | person if the person has a reasonable expectation of | ||||||
11 | privacy and proof of notice must be evident in the | ||||||
12 | recording.
If exigent circumstances exist which prevent | ||||||
13 | the officer from providing notice, notice must be provided | ||||||
14 | as soon as practicable. | ||||||
15 | (6) (A) For the purposes of redaction, labeling, or | ||||||
16 | duplicating recordings, access to camera recordings shall | ||||||
17 | be restricted to only those personnel responsible for those | ||||||
18 | purposes. The recording officer and his or her supervisor | ||||||
19 | of the recording officer may access and review recordings | ||||||
20 | prior to completing incident reports or other | ||||||
21 | documentation, provided that the officer or his or her | ||||||
22 | supervisor discloses that fact in the report or | ||||||
23 | documentation. | ||||||
24 | (B) The recording officer's assigned field | ||||||
25 | training officer may access and review recordings for | ||||||
26 | training purposes. Any detective or investigator |
| |||||||
| |||||||
1 | directly involved in the investigation of a matter may | ||||||
2 | access and review recordings which pertain to that | ||||||
3 | investigation but may not have access to delete or | ||||||
4 | alter such recordings. | ||||||
5 | (7) Recordings made on officer-worn cameras must be | ||||||
6 | retained by the law enforcement agency or by the camera | ||||||
7 | vendor used by the agency, on a recording medium for a | ||||||
8 | period of 90 days. | ||||||
9 | (A) Under no circumstances shall any recording | ||||||
10 | made with an officer-worn body camera be altered, | ||||||
11 | erased, or destroyed prior to the expiration of the | ||||||
12 | 90-day storage period.
| ||||||
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 the | ||||||
16 | recording has been flagged. An encounter is deemed to | ||||||
17 | 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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 document | ||||||
18 | and notify the appropriate supervisor of any technical | ||||||
19 | difficulties, failures, or problems with the officer-worn | ||||||
20 | body camera or associated equipment. Upon receiving | ||||||
21 | notice, the appropriate supervisor shall make every | ||||||
22 | 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 enforcement | ||||||
26 | officer in the performance of his or her duties in a public |
| |||||||
| |||||||
1 | place or when the officer has no reasonable expectation of | ||||||
2 | privacy.
The law enforcement agency's written policy shall | ||||||
3 | indicate the potential criminal penalties, as well as any | ||||||
4 | departmental discipline, which may result from unlawful | ||||||
5 | confiscation or destruction of the recording medium of a | ||||||
6 | person who is not a law enforcement officer. However, an | ||||||
7 | officer may take reasonable action to maintain safety and | ||||||
8 | control, secure crime scenes and accident sites, protect | ||||||
9 | the integrity and confidentiality of investigations, and | ||||||
10 | protect the public safety and order. | ||||||
11 | (b) Recordings made with the use of an officer-worn body | ||||||
12 | camera are not subject to disclosure under the Freedom of | ||||||
13 | Information Act, except that: | ||||||
14 | (1) if the subject of the encounter has a reasonable | ||||||
15 | expectation of privacy, at the time of the recording, any | ||||||
16 | recording which is flagged, due to the filing of a | ||||||
17 | complaint, discharge of a firearm, use of force, arrest or | ||||||
18 | detention, or resulting death or bodily harm, shall be | ||||||
19 | disclosed in accordance with the Freedom of Information Act | ||||||
20 | if: | ||||||
21 | (A) the subject of the encounter captured on the | ||||||
22 | recording is a victim or witness; and | ||||||
23 | (B) the law enforcement agency obtains written | ||||||
24 | permission of the subject or the subject's legal | ||||||
25 | representative; | ||||||
26 | (2) except as provided in paragraph (1) of this |
| |||||||
| |||||||
1 | subsection (b), any recording which is flagged due to the | ||||||
2 | filing of a complaint, discharge of a firearm, use of | ||||||
3 | force, arrest or detention, or resulting death or bodily | ||||||
4 | harm shall be disclosed in accordance with the Freedom of | ||||||
5 | Information Act; and | ||||||
6 | (3) upon request, the law enforcement agency shall | ||||||
7 | disclose, in accordance with the Freedom of Information | ||||||
8 | Act, the recording to the subject of the encounter captured | ||||||
9 | on the recording or to the subject's attorney, or the | ||||||
10 | officer or his or her legal representative. | ||||||
11 | For the purposes of paragraph (1) of this subsection (b), | ||||||
12 | the subject of the encounter does not have a reasonable | ||||||
13 | expectation of privacy if the subject was arrested as a result | ||||||
14 | of the encounter. For purposes of subparagraph (A) of paragraph | ||||||
15 | (1) of this subsection (b), "witness" does not include a person | ||||||
16 | who is a victim or who was arrested as a result of the | ||||||
17 | encounter.
| ||||||
18 | Only recordings or portions of recordings responsive to the | ||||||
19 | request shall be available for inspection or reproduction. Any | ||||||
20 | recording disclosed under the Freedom of Information Act shall | ||||||
21 | be redacted to remove identification of any person that appears | ||||||
22 | on the recording and is not the officer, a subject of the | ||||||
23 | encounter, or directly involved in the encounter. Nothing in | ||||||
24 | this subsection (b) shall require the disclosure of any | ||||||
25 | recording or portion of any recording which would be exempt | ||||||
26 | from disclosure under the Freedom of Information Act. |
| |||||||
| |||||||
1 | (c) Nothing in this Section shall limit access to a camera | ||||||
2 | recording for the purposes of complying with Supreme Court | ||||||
3 | rules or the rules of evidence.
| ||||||
4 | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
5 | (50 ILCS 706/10-25)
| ||||||
6 | Sec. 10-25. Reporting. | ||||||
7 | (a) Each law enforcement agency which employs the use of | ||||||
8 | officer-worn body cameras must provide an annual report on the | ||||||
9 | use of officer-worn body cameras to the Board, on or before May | ||||||
10 | 1 of the year. The report shall include:
| ||||||
11 | (1) a brief overview of the makeup of the agency, | ||||||
12 | including the number of officers utilizing officer-worn | ||||||
13 | body cameras; | ||||||
14 | (2) the number of officer-worn body cameras utilized by | ||||||
15 | the law enforcement agency; | ||||||
16 | (3) any technical issues with the equipment and how | ||||||
17 | those issues were remedied; | ||||||
18 | (4) a brief description of the review process used by | ||||||
19 | supervisors within the law enforcement agency; | ||||||
20 | (5) for each recording used in prosecutions of | ||||||
21 | conservation, criminal, or traffic offenses or municipal | ||||||
22 | ordinance violations: | ||||||
23 | (A) the time, date, location, and precinct of the | ||||||
24 | incident; | ||||||
25 | (B) the offense charged and the date charges were |
| |||||||
| |||||||
1 | filed; and | ||||||
2 | (6) any other information relevant to the | ||||||
3 | administration of the program. | ||||||
4 | (b) On or before July 30 of each year, the Board must | ||||||
5 | analyze the law enforcement agency reports and provide an | ||||||
6 | annual report to the General Assembly and the Governor.
| ||||||
7 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
8 | Section 10-147. The Uniform Crime Reporting Act is amended | ||||||
9 | by changing Sections 5-10, 5-12, and 5-20 and by adding Section | ||||||
10 | 5-11 as follows:
| ||||||
11 | (50 ILCS 709/5-10)
| ||||||
12 | Sec. 5-10. Central repository of crime statistics. The | ||||||
13 | Department of State Police shall be a central repository and | ||||||
14 | custodian of crime statistics for the State and shall have all | ||||||
15 | the power necessary to carry out the purposes of this Act, | ||||||
16 | including the power to demand and receive cooperation in the | ||||||
17 | submission of crime statistics from all law enforcement | ||||||
18 | agencies. All data and information provided to the Department | ||||||
19 | under this Act must be provided in a manner and form prescribed | ||||||
20 | by the Department. On an annual basis, the Department shall | ||||||
21 | make available compilations of crime statistics and monthly | ||||||
22 | reporting required to be reported by each law enforcement | ||||||
23 | agency.
| ||||||
24 | (Source: P.A. 99-352, eff. 1-1-16 .)
|
| |||||||
| |||||||
1 | (50 ILCS 709/5-11 new) | ||||||
2 | Sec. 5-11. FBI National Use of Force Database. The | ||||||
3 | Department shall participate in and regularly submit use of | ||||||
4 | force information to the Federal Bureau of Investigation (FBI) | ||||||
5 | National Use of Force Database. Within 90 days of the effective | ||||||
6 | date of this amendatory act, the Department shall promulgate | ||||||
7 | rules outlining the use of force information required for | ||||||
8 | submission to the Database, which shall be submitted monthly by | ||||||
9 | law enforcement agencies under Section 5-12.
| ||||||
10 | (50 ILCS 709/5-12)
| ||||||
11 | Sec. 5-12. Monthly reporting. All law enforcement agencies | ||||||
12 | shall submit to the Department of State Police on a monthly | ||||||
13 | basis the following: | ||||||
14 | (1) beginning January 1, 2016, a report on any | ||||||
15 | arrest-related death that shall include information | ||||||
16 | regarding the deceased, the officer, any weapon used by the | ||||||
17 | officer or the deceased, and the circumstances of the | ||||||
18 | incident. The Department shall submit on a quarterly basis | ||||||
19 | all information collected under this paragraph (1) to the | ||||||
20 | Illinois Criminal Justice Information Authority, | ||||||
21 | contingent upon updated federal guidelines regarding the | ||||||
22 | Uniform Crime Reporting Program; | ||||||
23 | (2) beginning January 1, 2017, a report on any instance | ||||||
24 | when a law enforcement officer discharges his or her |
| |||||||
| |||||||
1 | firearm causing a non-fatal injury to a person, during the | ||||||
2 | performance of his or her official duties or in the line of | ||||||
3 | duty; | ||||||
4 | (3) a report of incident-based information on hate | ||||||
5 | crimes including information describing the offense, | ||||||
6 | location of the offense, type of victim, offender, and bias | ||||||
7 | motivation. If no hate crime incidents occurred during a | ||||||
8 | reporting month, the law enforcement agency must submit a | ||||||
9 | no incident record, as required by the Department; | ||||||
10 | (4) a report on any incident of an alleged commission | ||||||
11 | of a domestic crime, that shall include information | ||||||
12 | regarding the victim, offender, date and time of the | ||||||
13 | incident, any injury inflicted, any weapons involved in the | ||||||
14 | commission of the offense, and the relationship between the | ||||||
15 | victim and the offender; | ||||||
16 | (5) data on an index of offenses selected by the | ||||||
17 | Department based on the seriousness of the offense, | ||||||
18 | frequency of occurrence of the offense, and likelihood of | ||||||
19 | being reported to law enforcement. The data shall include | ||||||
20 | the number of index crime offenses committed and number of | ||||||
21 | associated arrests; and | ||||||
22 | (6) data on offenses and incidents reported by schools | ||||||
23 | to local law enforcement. The data shall include offenses | ||||||
24 | defined as an attack against school personnel, | ||||||
25 | intimidation offenses, drug incidents, and incidents | ||||||
26 | involving weapons ; .
|
| |||||||
| |||||||
1 | (7) beginning on July 1, 2021, a report on any incident | ||||||
2 | where a law enforcement officer was dispatched to deal with | ||||||
3 | a person experiencing a mental health crisis or incident. | ||||||
4 | The report shall include the number of incidents, the level | ||||||
5 | of law enforcement response and the outcome of each | ||||||
6 | incident; | ||||||
7 | (8) beginning on July 1, 2021, a report on use of | ||||||
8 | force, including any action that resulted in the death or | ||||||
9 | serious bodily injury of a person or the discharge of a | ||||||
10 | firearm at or in the direction of a person. The report | ||||||
11 | shall include information required by the Department, | ||||||
12 | pursuant to Section 5-11 of this Act. | ||||||
13 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
14 | (50 ILCS 709/5-20)
| ||||||
15 | Sec. 5-20. Reporting compliance. The Department of State | ||||||
16 | Police shall annually report to the Illinois Law Enforcement | ||||||
17 | Training Standards Board and the Department of Revenue any law | ||||||
18 | enforcement agency not in compliance with the reporting | ||||||
19 | requirements under this Act. A law enforcement agency's | ||||||
20 | compliance with the reporting requirements under this Act shall | ||||||
21 | be a factor considered by the Illinois Law Enforcement Training | ||||||
22 | Standards Board in awarding grant funding under the Law | ||||||
23 | Enforcement Camera Grant Act , with preference to law | ||||||
24 | enforcement agencies which are in compliance with reporting | ||||||
25 | requirements under this Act .
|
| |||||||
| |||||||
1 | (Source: P.A. 99-352, eff. 1-1-16 .)
| ||||||
2 | Section 10-150. The Uniform Peace Officers' Disciplinary | ||||||
3 | Act is amended by changing Sections 3.2, 3.4, and 3.8 as | ||||||
4 | follows:
| ||||||
5 | (50 ILCS 725/3.2) (from Ch. 85, par. 2555)
| ||||||
6 | Sec. 3.2.
No officer shall be subjected to interrogation | ||||||
7 | without first
being informed in writing of the nature of the | ||||||
8 | investigation. If an administrative
proceeding is instituted, | ||||||
9 | the officer shall be informed beforehand of the
names of all | ||||||
10 | complainants. The information shall be sufficient as to | ||||||
11 | reasonably
apprise the officer of the nature of the | ||||||
12 | investigation.
| ||||||
13 | (Source: P.A. 83-981.)
| ||||||
14 | (50 ILCS 725/3.4) (from Ch. 85, par. 2557)
| ||||||
15 | Sec. 3.4. The officer under investigation shall be informed | ||||||
16 | in writing of the
name, rank and unit or command of the officer | ||||||
17 | in charge of the investigation,
the interrogators , and all | ||||||
18 | persons who will be present on the behalf of the employer | ||||||
19 | during any interrogation except
at a public administrative | ||||||
20 | proceeding. The officer under investigation shall inform the | ||||||
21 | employer of any person who will be present on his or her behalf | ||||||
22 | during any interrogation except at a public administrative | ||||||
23 | hearing.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-344, eff. 1-1-06.)
| ||||||
2 | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
| ||||||
3 | Sec. 3.8. Admissions; counsel; verified complaint.
| ||||||
4 | (a) No officer shall be interrogated without first being | ||||||
5 | advised
in writing that admissions made in the course of the | ||||||
6 | interrogation may be
used as evidence of misconduct or as the | ||||||
7 | basis for charges seeking suspension,
removal, or discharge; | ||||||
8 | and without first being advised in writing that he
or she has | ||||||
9 | the right to counsel of his or her choosing who may be present
| ||||||
10 | to advise him or her at any stage of any interrogation.
| ||||||
11 | (b) It shall not be a requirement for a person Anyone | ||||||
12 | filing a complaint against a sworn peace officer to must have | ||||||
13 | the
complaint supported by a sworn affidavit or any other legal | ||||||
14 | documentation . This ban on an affidavit requirement shall apply | ||||||
15 | to any collective bargaining agreements entered after the | ||||||
16 | effective date of this provision. Any complaint, having been | ||||||
17 | supported by a sworn affidavit, and having been found, in total | ||||||
18 | or in part, to contain knowingly false material information, | ||||||
19 | shall be presented to the appropriate State's Attorney for a | ||||||
20 | determination of prosecution.
| ||||||
21 | (Source: P.A. 97-472, eff. 8-22-11.)
| ||||||
22 | (50 ILCS 725/6 rep.) | ||||||
23 | Section 10-151. The Uniform Peace Officers' Disciplinary | ||||||
24 | Act is amended by repealing Section 6.
|
| |||||||
| |||||||
1 | Section 10-155. The Police and Community Relations | ||||||
2 | Improvement Act is amended by adding Section 1-35 as follows:
| ||||||
3 | (50 ILCS 727/1-35 new) | ||||||
4 | Sec. 1-35. Anonymous complaint policy. | ||||||
5 | (a)Any person may file notice of an anonymous complaint to | ||||||
6 | the Illinois Law Enforcement Training Standards Board of any | ||||||
7 | conduct the person believes a law enforcement officer has | ||||||
8 | committed as described in subsection (b) of Section 6.3 of the | ||||||
9 | Illinois Police Training Act. Notwithstanding any other | ||||||
10 | provision in state law or any collective bargaining agreement, | ||||||
11 | the Board shall accept notice and investigate any allegations | ||||||
12 | from individuals who remain anonymous. | ||||||
13 | (b)The Board shall complete a preliminary review of the | ||||||
14 | allegations to determine whether further investigation is | ||||||
15 | warranted. During the preliminary review, the Board will take | ||||||
16 | all reasonable steps to discover any and all objective | ||||||
17 | verifiable evidence relevant to the alleged violation through | ||||||
18 | the identification, retention, review, and analysis of all | ||||||
19 | available evidence, including, but not limited to: all | ||||||
20 | time-sensitive evidence, audio and video evidence, physical | ||||||
21 | evidence, arrest reports, photographic evidence, GPS records, | ||||||
22 | computer data, lab reports, medical documents, and witness | ||||||
23 | interviews. All reasonable steps will be taken to preserve | ||||||
24 | relevant evidence identified during the preliminary |
| |||||||
| |||||||
1 | investigation. | ||||||
2 | (c)If the Board determines that for an anonymous notice | ||||||
3 | there is objective verifiable evidence to support the | ||||||
4 | allegation or allegations, the Board shall complete a sworn | ||||||
5 | affidavit override to comply with subsection (b) of Section 3.8 | ||||||
6 | of the Uniform Peace Officers' Disciplinary Act. The sworn | ||||||
7 | affidavit override shall be specified on a form to be | ||||||
8 | determined by the Board, including what evidence has been | ||||||
9 | reviewed and, in reliance upon that evidence, it shall be | ||||||
10 | affirmed that it is necessary and appropriate for the | ||||||
11 | investigation to continue. It shall forward that form and the | ||||||
12 | alleged violation in accordance with subsection (f) of Section | ||||||
13 | 6.3 of the Illinois Police Training Act.
| ||||||
14 | Section 10-160. The Counties Code is amended by changing | ||||||
15 | Sections 4-5001, 4-12001, and 4-12001.1 as follows:
| ||||||
16 | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
| ||||||
17 | Sec. 4-5001. Sheriffs; counties of first and second class. | ||||||
18 | The fees of
sheriffs in counties of the first and second class, | ||||||
19 | except when increased
by county ordinance under this Section, | ||||||
20 | shall be as follows:
| ||||||
21 | For serving or attempting to serve summons on each | ||||||
22 | defendant
in each county, $10.
| ||||||
23 | For serving or attempting to serve an order or judgment | ||||||
24 | granting injunctive
relief in each county, $10.
|
| |||||||
| |||||||
1 | For serving or attempting to serve each garnishee in each | ||||||
2 | county, $10.
| ||||||
3 | For serving or attempting to serve an order for replevin in | ||||||
4 | each county,
$10.
| ||||||
5 | For serving or attempting to serve an order for attachment | ||||||
6 | on each
defendant in each county, $10.
| ||||||
7 | For serving or attempting to serve a warrant of arrest, $8, | ||||||
8 | to be paid
upon conviction.
| ||||||
9 | For returning a defendant from outside the State of | ||||||
10 | Illinois, upon
conviction, the court shall assess, as court | ||||||
11 | costs, the cost of returning a
defendant to the jurisdiction.
| ||||||
12 | For taking special bail, $1 in each county.
| ||||||
13 | For serving or attempting to serve a subpoena on each
| ||||||
14 | witness, in each county, $10.
| ||||||
15 | For advertising property for sale, $5.
| ||||||
16 | For returning each process, in each county, $5.
| ||||||
17 | Mileage for each mile of necessary travel to serve any such
| ||||||
18 | process as Stated above, calculating from the place of holding | ||||||
19 | court to
the place of residence of the defendant, or witness, | ||||||
20 | 50¢ each way.
| ||||||
21 | For summoning each juror, $3 with 30¢ mileage each way in | ||||||
22 | all counties.
| ||||||
23 | For serving or attempting to serve notice of judgments or | ||||||
24 | levying to
enforce a judgment, $3 with 50¢ mileage each way in | ||||||
25 | all counties.
| ||||||
26 | For taking possession of and removing property levied on, |
| |||||||
| |||||||
1 | the officer
shall be allowed to tax the actual cost of such | ||||||
2 | possession or removal.
| ||||||
3 | For feeding each prisoner, such compensation to cover the | ||||||
4 | actual cost
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 attending before a court with prisoner, on an order for | ||||||
8 | habeas
corpus, in each county, $10 per day.
| ||||||
9 | For attending before a court with a prisoner in any | ||||||
10 | criminal
proceeding, in each county, $10 per day.
| ||||||
11 | For each mile of necessary travel in taking such prisoner | ||||||
12 | before the
court as stated above, 15¢ a mile each way.
| ||||||
13 | For serving or attempting to serve an order or judgment for | ||||||
14 | the
possession of real estate in an action of ejectment or in | ||||||
15 | any other action,
or for restitution in an eviction action | ||||||
16 | without aid,
$10 and when aid is necessary, the sheriff shall | ||||||
17 | be allowed to tax in
addition the actual costs thereof, and for | ||||||
18 | each mile of necessary travel,
50¢ each way.
| ||||||
19 | For executing and acknowledging a deed of sale of real | ||||||
20 | estate, in
counties of first class, $4; second class, $4.
| ||||||
21 | For preparing, executing and acknowledging a deed on | ||||||
22 | redemption from
a court sale of real estate in counties of | ||||||
23 | first class, $5; second
class, $5.
| ||||||
24 | For making certificates of sale, and making and filing | ||||||
25 | duplicate, in
counties of first class, $3; in counties of the | ||||||
26 | second class, $3.
|
| |||||||
| |||||||
1 | For making certificate of redemption, $3.
| ||||||
2 | For certificate of levy and filing, $3, and the fee for | ||||||
3 | recording
shall be advanced by the judgment creditor and | ||||||
4 | charged as costs.
| ||||||
5 | For taking all civil bonds on legal process , civil and | ||||||
6 | criminal, in counties of
first class,
$1; in second class, $1.
| ||||||
7 | For executing copies in criminal cases, $4 and mileage for | ||||||
8 | each mile
of necessary travel, 20¢ each way.
| ||||||
9 | For executing requisitions from other states, $5.
| ||||||
10 | For conveying each prisoner from the prisoner's own county | ||||||
11 | to the jail
of another county, or from another county to the | ||||||
12 | jail of the prisoner's county,
per mile, for going, only, 30¢.
| ||||||
13 | For conveying persons to the penitentiary, reformatories, | ||||||
14 | Illinois
State Training School for Boys, Illinois State | ||||||
15 | Training School for Girls
and Reception Centers, the following | ||||||
16 | fees, payable out of the State treasury. For each person who is | ||||||
17 | conveyed, 35¢ per mile in going only to
the penitentiary, | ||||||
18 | reformatory, Illinois State Training School for Boys,
Illinois | ||||||
19 | State Training School for Girls and Reception Centers, from the
| ||||||
20 | place of conviction.
| ||||||
21 | The fees provided for transporting persons to the | ||||||
22 | penitentiary,
reformatories, Illinois State Training School | ||||||
23 | for Boys, Illinois State
Training School for Girls and | ||||||
24 | Reception Centers shall be paid for each
trip so made. Mileage | ||||||
25 | as used in this Section means the shortest
practical route, | ||||||
26 | between the place from which the person is to be
transported, |
| |||||||
| |||||||
1 | to the penitentiary, reformatories, Illinois State Training
| ||||||
2 | School for Boys, Illinois State Training School for Girls and | ||||||
3 | Reception
Centers and all fees per mile shall be computed on | ||||||
4 | such basis.
| ||||||
5 | For conveying any person to or from any of the charitable
| ||||||
6 | institutions of the State, when properly committed by competent
| ||||||
7 | authority, when one person is conveyed, 35¢ per mile; when two | ||||||
8 | persons
are conveyed at the same time, 35¢ per mile for the | ||||||
9 | first person and 20¢
per mile for the second person; and 10¢ | ||||||
10 | per mile for each additional person.
| ||||||
11 | For conveying a person from the penitentiary to the county | ||||||
12 | jail when
required by law, 35¢ per mile.
| ||||||
13 | For attending Supreme Court, $10 per day.
| ||||||
14 | In addition to the above fees there shall be allowed to the | ||||||
15 | sheriff a fee
of $600 for the sale of real estate which is made | ||||||
16 | by virtue of
any judgment of a court, except that in the case | ||||||
17 | of a sale of unimproved
real estate which sells for $10,000 or | ||||||
18 | less, the fee shall be $150.
In addition to this fee and all | ||||||
19 | other fees provided by this Section, there
shall be allowed to | ||||||
20 | the sheriff a fee in accordance with the following
schedule for | ||||||
21 | the sale of personal estate which is made by virtue of any
| ||||||
22 | judgment of a court:
| ||||||
23 | For judgments up to $1,000, $75;
| ||||||
24 | For judgments from $1,001 to $15,000, $150;
| ||||||
25 | For judgments over $15,000, $300.
| ||||||
26 | The foregoing fees allowed by this Section are the maximum |
| |||||||
| |||||||
1 | fees that
may be collected from any officer, agency, department | ||||||
2 | or other
instrumentality of the State. The county board may, | ||||||
3 | however, by ordinance,
increase the fees allowed by this | ||||||
4 | Section and collect those increased fees
from all persons and | ||||||
5 | entities other than officers, agencies, departments
and other | ||||||
6 | instrumentalities of the State if the increase is justified by | ||||||
7 | an
acceptable cost study showing that the fees allowed by this | ||||||
8 | Section are not
sufficient to cover the costs of providing the | ||||||
9 | service. A statement of the
costs of providing each service, | ||||||
10 | program and activity shall be prepared by
the county board. All | ||||||
11 | supporting documents shall be public records and
subject to | ||||||
12 | public examination and audit. All direct and indirect costs, as
| ||||||
13 | defined in the United States Office of Management and Budget | ||||||
14 | Circular A-87,
may be included in the determination of the | ||||||
15 | costs of each service,
program and activity.
| ||||||
16 | In all cases where the judgment is settled by the parties, | ||||||
17 | replevied,
stopped by injunction or paid, or where the property | ||||||
18 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
19 | his fee for levying and
mileage, together with half the fee for | ||||||
20 | all money collected by him which he
would be entitled to if the | ||||||
21 | same was made by sale to enforce the judgment.
In no case shall | ||||||
22 | the fee exceed the amount of money arising from the sale.
| ||||||
23 | The fee requirements of this Section do not apply to police | ||||||
24 | departments
or other law enforcement agencies. For the purposes | ||||||
25 | of this Section, "law
enforcement agency" means an agency of | ||||||
26 | the State or unit of local government
which is vested by law or |
| |||||||
| |||||||
1 | ordinance with the duty to maintain public order
and to enforce | ||||||
2 | criminal laws.
| ||||||
3 | (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
4 | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
| ||||||
5 | Sec. 4-12001. Fees of sheriff in third class counties. The | ||||||
6 | officers herein named, in counties of the third class,
shall be | ||||||
7 | entitled to receive the fees herein specified, for the services
| ||||||
8 | mentioned and such other fees as may be provided by law for | ||||||
9 | such other
services not herein designated.
| ||||||
10 | Fees for Sheriff
| ||||||
11 | For serving or attempting to serve any summons on each | ||||||
12 | defendant, $35.
| ||||||
13 | For serving or attempting to serve each alias summons or | ||||||
14 | other process
mileage will be charged as hereinafter provided | ||||||
15 | when the address for
service differs from the address for | ||||||
16 | service on the original summons or
other process.
| ||||||
17 | For serving or attempting to serve all other process, on | ||||||
18 | each defendant, $35.
| ||||||
19 | For serving or attempting to serve a subpoena on each | ||||||
20 | witness, $35.
| ||||||
21 | For serving or attempting to serve each warrant, $35.
| ||||||
22 | For serving or attempting to serve each garnishee, $35.
| ||||||
23 | For summoning each juror, $10.
| ||||||
24 | For serving or attempting to serve each order or judgment | ||||||
25 | for replevin, $35.
|
| |||||||
| |||||||
1 | For serving or attempting to serve an order for attachment, | ||||||
2 | on each
defendant, $35.
| ||||||
3 | For serving or attempting to serve an order or judgment for | ||||||
4 | the
possession of real estate in an action of ejectment or in | ||||||
5 | any other action,
or for restitution in an eviction action, | ||||||
6 | without
aid, $35, and when aid is necessary, the sheriff shall | ||||||
7 | be allowed to tax in
addition the actual costs thereof.
| ||||||
8 | For serving or attempting to serve notice of judgment, $35.
| ||||||
9 | For levying to satisfy an order in an action for | ||||||
10 | attachment, $25.
| ||||||
11 | For executing order of court to seize personal property, | ||||||
12 | $25.
| ||||||
13 | For making certificate of levy on real estate and filing or | ||||||
14 | recording
same, $8, and the fee for filing or recording shall | ||||||
15 | be advanced by the
plaintiff in attachment or by the judgment | ||||||
16 | creditor and taxed as costs.
For taking possession of or | ||||||
17 | removing property levied on, the sheriff
shall be allowed to | ||||||
18 | tax the necessary actual costs of such possession or
removal.
| ||||||
19 | For advertising property for sale, $20.
| ||||||
20 | For making certificate of sale and making and filing | ||||||
21 | duplicate for
record, $15, and the fee for recording same shall | ||||||
22 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
23 | For preparing, executing and acknowledging deed on | ||||||
24 | redemption from a
court sale of real estate, $15; for | ||||||
25 | preparing, executing and
acknowledging all other deeds on sale | ||||||
26 | of real estate, $10.
|
| |||||||
| |||||||
1 | For making and filing certificate of redemption, $15, and | ||||||
2 | the fee
for recording same shall be advanced by party making | ||||||
3 | the redemption and
taxed as costs.
| ||||||
4 | For making and filing certificate of redemption from a | ||||||
5 | court sale,
$11, and the fee for recording same shall be | ||||||
6 | advanced by the party
making the redemption and taxed as costs.
| ||||||
7 | For taking all bonds on legal process, $10.
| ||||||
8 | For taking special bail, $5.
| ||||||
9 | For returning each process, $15.
| ||||||
10 | Mileage for service or attempted service of all process is | ||||||
11 | a $10 flat fee.
| ||||||
12 | For attending before a court with a prisoner on an order | ||||||
13 | for habeas
corpus, $9 per day.
| ||||||
14 | For executing requisitions from other States, $13.
| ||||||
15 | For conveying each prisoner from the prisoner's county to | ||||||
16 | the jail of
another county, per mile for going only, 25¢.
| ||||||
17 | For committing to or discharging each prisoner from jail, | ||||||
18 | $3.
| ||||||
19 | For feeding each prisoner, such compensation to cover | ||||||
20 | actual costs as
may be fixed by the county board, but such | ||||||
21 | compensation shall not be
considered a part of the fees of the | ||||||
22 | office.
| ||||||
23 | For committing each prisoner to jail under the laws of the | ||||||
24 | United
States, to be paid by the marshal or other person | ||||||
25 | requiring his
confinement, $3.
| ||||||
26 | For feeding such prisoners per day, $3, to be paid by the |
| |||||||
| |||||||
1 | marshal or
other person requiring the prisoner's confinement.
| ||||||
2 | For discharging such prisoners, $3.
| ||||||
3 | For conveying persons 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, the following
fees, payable out of the State | ||||||
7 | Treasury. When one person is conveyed,
20¢ per mile in going to | ||||||
8 | the penitentiary, reformatories, Illinois State
Training | ||||||
9 | School for Boys, Illinois State Training School for Girls,
| ||||||
10 | Reception Centers and Illinois Security Hospital from the place | ||||||
11 | of
conviction; when 2 persons are conveyed at the same time, | ||||||
12 | 20¢ per mile
for the first and 15¢ per mile for the second | ||||||
13 | person; when more than 2
persons are conveyed at the same time | ||||||
14 | as Stated above, the sheriff shall
be allowed 20¢ per mile for | ||||||
15 | the first, 15¢ per mile
for the second and
10¢ per mile for | ||||||
16 | each additional person.
| ||||||
17 | The fees provided for herein for transporting persons to | ||||||
18 | the
penitentiary, reformatories, Illinois State Training | ||||||
19 | School for Boys,
Illinois State Training School for Girls, | ||||||
20 | Reception Centers and Illinois
Security Hospital, shall be paid | ||||||
21 | for each trip so made. Mileage as used
in this Section means | ||||||
22 | the shortest route on a hard surfaced road,
(either State Bond | ||||||
23 | Issue Route or Federal highways) or railroad,
whichever is | ||||||
24 | shorter, between the place from which the person is to be
| ||||||
25 | transported, to the penitentiary, reformatories, Illinois | ||||||
26 | State Training
School for Boys, Illinois State Training School |
| |||||||
| |||||||
1 | for Girls, Reception
Centers and Illinois Security Hospital, | ||||||
2 | and all fees per mile shall be
computed on such basis.
| ||||||
3 | In addition to the above fees, there shall be allowed to | ||||||
4 | the sheriff
a fee of $900 for the sale of real estate which | ||||||
5 | shall be made by virtue
of any judgment of a court. In addition | ||||||
6 | to this fee and all other fees
provided by this Section, there | ||||||
7 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
8 | following schedule for the sale of personal estate
which is | ||||||
9 | made by virtue of any judgment of a
court:
| ||||||
10 | For judgments up to $1,000, $100;
| ||||||
11 | For judgments over $1,000 to $15,000, $300;
| ||||||
12 | For judgments over $15,000, $500.
| ||||||
13 | In all cases where the judgment is settled by the parties, | ||||||
14 | replevied,
stopped by injunction or paid, or where the property | ||||||
15 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
16 | the fee for levying and
mileage, together with half the fee for | ||||||
17 | all money collected by him or
her which he or she would be | ||||||
18 | entitled to if the same were made by sale
in the enforcement of | ||||||
19 | a judgment. In no case shall the fee exceed the
amount of money | ||||||
20 | arising from the sale.
| ||||||
21 | The fee requirements of this Section do not apply to police | ||||||
22 | departments
or other law enforcement agencies. For the purposes | ||||||
23 | of this Section, "law
enforcement agency" means an agency of | ||||||
24 | the State or unit of local government
which is vested by law or | ||||||
25 | ordinance with the duty to maintain public order
and to enforce | ||||||
26 | criminal laws or ordinances.
|
| |||||||
| |||||||
1 | The fee requirements of this Section do not apply to units | ||||||
2 | of local
government or school districts.
| ||||||
3 | (Source: P.A. 100-173, eff. 1-1-18 .)
| ||||||
4 | (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
| ||||||
5 | Sec. 4-12001.1. Fees of sheriff in third class counties; | ||||||
6 | local
governments and school districts. The officers herein | ||||||
7 | named, in counties of
the third class, shall be entitled to | ||||||
8 | receive the fees herein specified
from all units of local | ||||||
9 | government and school districts, for the services
mentioned and | ||||||
10 | such other fees as may be provided by law for such other
| ||||||
11 | services not herein designated.
| ||||||
12 | Fees for Sheriff
| ||||||
13 | For serving or attempting to serve any summons on each | ||||||
14 | defendant, $25.
| ||||||
15 | For serving or attempting to serve each alias summons or | ||||||
16 | other process
mileage will be charged as hereinafter provided | ||||||
17 | when the address for
service differs from the address for | ||||||
18 | service on the original summons or
other process.
| ||||||
19 | For serving or attempting to serve all other process, on | ||||||
20 | each defendant, $25.
| ||||||
21 | For serving or attempting to serve a subpoena on each | ||||||
22 | witness, $25.
| ||||||
23 | For serving or attempting to serve each warrant, $25.
| ||||||
24 | For serving or attempting to serve each garnishee, $25.
| ||||||
25 | For summoning each juror, $4.
|
| |||||||
| |||||||
1 | For serving or attempting to serve each order or judgment | ||||||
2 | for replevin, $25.
| ||||||
3 | For serving or attempting to serve an order for attachment, | ||||||
4 | on each
defendant, $25.
| ||||||
5 | For serving or attempting to serve an order or judgment for | ||||||
6 | the
possession of real estate in an action of ejectment or in | ||||||
7 | any other action,
or for restitution in an eviction action, | ||||||
8 | without
aid, $9, and when aid is necessary, the sheriff shall | ||||||
9 | be allowed to tax in
addition the actual costs thereof.
| ||||||
10 | For serving or attempting to serve notice of judgment, $25.
| ||||||
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 or | ||||||
16 | recording
same, $3, and the fee for filing or recording shall | ||||||
17 | be advanced by the
plaintiff in attachment or by the judgment | ||||||
18 | creditor and taxed as costs.
For taking possession of or | ||||||
19 | removing property levied on, the sheriff
shall be allowed to | ||||||
20 | tax the necessary actual costs of such possession or
removal.
| ||||||
21 | For advertising property for sale, $3.
| ||||||
22 | For making certificate of sale and making and filing | ||||||
23 | duplicate for
record, $3, and the fee for recording same shall | ||||||
24 | be advanced by the
judgment creditor and taxed as costs.
| ||||||
25 | For preparing, executing and acknowledging deed on | ||||||
26 | redemption from a
court sale of real estate, $6; for preparing, |
| |||||||
| |||||||
1 | executing and
acknowledging all other deeds on sale of real | ||||||
2 | estate, $4.
| ||||||
3 | For making and filing certificate of redemption, $3.50, and | ||||||
4 | the fee
for recording same shall be advanced by party making | ||||||
5 | the redemption and
taxed as costs.
| ||||||
6 | For making and filing certificate of redemption from a | ||||||
7 | court sale,
$4.50, and the fee for recording same shall be | ||||||
8 | advanced by the party
making the redemption and taxed as costs.
| ||||||
9 | For taking all bonds on legal process, $2.
| ||||||
10 | For taking special bail, $2.
| ||||||
11 | For returning each process, $5.
| ||||||
12 | Mileage for service or attempted service of all process is | ||||||
13 | a $10 flat fee.
| ||||||
14 | For attending before a court with a prisoner on an order | ||||||
15 | for habeas
corpus, $3.50 per day.
| ||||||
16 | For executing requisitions from other States, $5.
| ||||||
17 | For conveying each prisoner from the prisoner's county to | ||||||
18 | the jail of
another county, per mile for going only, 25¢.
| ||||||
19 | For committing to or discharging each prisoner from jail, | ||||||
20 | $1.
| ||||||
21 | For feeding each prisoner, such compensation to cover | ||||||
22 | actual costs as
may be fixed by the county board, but such | ||||||
23 | compensation shall not be
considered a part of the fees of the | ||||||
24 | office.
| ||||||
25 | For committing each prisoner to jail under the laws of the | ||||||
26 | United
States, to be paid by the marshal or other person |
| |||||||
| |||||||
1 | requiring his
confinement, $1.
| ||||||
2 | For feeding such prisoners per day, $1, to be paid by the | ||||||
3 | marshal or
other person requiring the prisoner's confinement.
| ||||||
4 | For discharging such prisoners, $1.
| ||||||
5 | For conveying persons to the penitentiary, reformatories, | ||||||
6 | Illinois
State Training School for Boys, Illinois State | ||||||
7 | Training School for
Girls, Reception Centers and Illinois | ||||||
8 | Security Hospital, the following
fees, payable out of the State | ||||||
9 | Treasury. When one person is conveyed,
15¢ per mile in going to | ||||||
10 | the penitentiary, reformatories, Illinois State
Training | ||||||
11 | School for Boys, Illinois State Training School for Girls,
| ||||||
12 | Reception Centers and Illinois Security Hospital from the place | ||||||
13 | of
conviction; when 2 persons are conveyed at the same time, | ||||||
14 | 15¢ per mile
for the first and 10¢ per mile for the second | ||||||
15 | person; when more than 2
persons are conveyed at the same time | ||||||
16 | as stated above, the sheriff shall
be allowed 15¢ per mile for | ||||||
17 | the first, 10¢ per mile for the second and
5¢ per mile for each | ||||||
18 | additional person.
| ||||||
19 | The fees provided for herein for transporting persons to | ||||||
20 | the
penitentiary, reformatories, Illinois State Training | ||||||
21 | School for Boys,
Illinois State Training School for Girls, | ||||||
22 | Reception Centers and Illinois
Security Hospital, shall be paid | ||||||
23 | for each trip so made. Mileage as used
in this Section means | ||||||
24 | the shortest route on a hard surfaced road,
(either State Bond | ||||||
25 | Issue Route or Federal highways) or railroad,
whichever is | ||||||
26 | shorter, between the place from which the person is to be
|
| |||||||
| |||||||
1 | transported, to the penitentiary, reformatories, Illinois | ||||||
2 | State Training
School for Boys, Illinois State Training School | ||||||
3 | for Girls, Reception
Centers and Illinois Security Hospital, | ||||||
4 | and all fees per mile shall be
computed on such basis.
| ||||||
5 | In addition to the above fees, there shall be allowed to | ||||||
6 | the sheriff
a fee of $600 for the sale of real estate which | ||||||
7 | shall be made by virtue
of any judgment of a court. In addition | ||||||
8 | to this fee and all other fees
provided by this Section, there | ||||||
9 | shall be allowed to the sheriff a fee in
accordance with the | ||||||
10 | following schedule for the sale of personal estate
which is | ||||||
11 | made by virtue of any judgment of a
court:
| ||||||
12 | For judgments up to $1,000, $90;
| ||||||
13 | For judgments over $1,000 to $15,000, $275;
| ||||||
14 | For judgments over $15,000, $400.
| ||||||
15 | In all cases where the judgment is settled by the parties, | ||||||
16 | replevied,
stopped by injunction or paid, or where the property | ||||||
17 | levied upon is not
actually sold, the sheriff shall be allowed | ||||||
18 | the fee for levying and
mileage, together with half the fee for | ||||||
19 | all money collected by him or
her which he or she would be | ||||||
20 | entitled to if the same were made by sale
in the enforcement of | ||||||
21 | a judgment. In no case shall the fee exceed the
amount of money | ||||||
22 | arising from the sale. | ||||||
23 |
All fees collected under Sections 4-12001 and 4-12001.1 | ||||||
24 | must be used for public safety purposes only.
| ||||||
25 | (Source: P.A. 100-173, eff. 1-1-18 .)
|
| |||||||
| |||||||
1 | Section 10-161. The Counties Code is amended by adding | ||||||
2 | Section 3-6041 as follows:
| ||||||
3 | (55 ILCS 5/3-6041 new) | ||||||
4 | Sec. 3-6041. Military equipment surplus program. | ||||||
5 | (a) For purposes of this Section: | ||||||
6 | "Bayonet" means a large knife designed to be attached to | ||||||
7 | the muzzle of a rifle, shotgun, or long gun for the purpose of | ||||||
8 | hand-to-hand combat. | ||||||
9 | "Grenade launcher" means a firearm or firearm accessory | ||||||
10 | designed to launch small explosive projectiles. | ||||||
11 | "Military equipment surplus program" means any federal or | ||||||
12 | State program allowing a law enforcement agency to obtain | ||||||
13 | surplus military equipment including, but not limited to, any | ||||||
14 | program organized under Section 1122 of the National Defense | ||||||
15 | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or | ||||||
16 | Section 1033 of the National Defense Authorization Act for | ||||||
17 | Fiscal Year 1997 (Pub. L. 104-201) or any program established | ||||||
18 | under 10 U.S.C. 2576a. | ||||||
19 | "Tracked armored vehicle" means a vehicle that provides | ||||||
20 | ballistic protection to its occupants and utilizes a tracked | ||||||
21 | system installed of wheels for forward motion. | ||||||
22 | "Weaponized aircraft, vessel, or vehicle" means any | ||||||
23 | aircraft, vessel, or vehicle with weapons installed. | ||||||
24 | (b) A sheriff's department shall not request or receive | ||||||
25 | from any military equipment surplus program nor purchase or |
| |||||||
| |||||||
1 | otherwise utilize the following equipment: | ||||||
2 | (1) tracked armored vehicles; | ||||||
3 | (2) weaponized aircraft, vessels, or vehicles; | ||||||
4 | (3) firearms of .50-caliber or higher; | ||||||
5 | (4) ammunition of .50-caliber or higher; | ||||||
6 | (5) grenade launchers; or | ||||||
7 | (6) bayonets. | ||||||
8 | (c) A home rule county may not regulate the acquisition of | ||||||
9 | equipment in a manner inconsistent with this Section. This | ||||||
10 | Section is a limitation under subsection (i) of Section 6 of | ||||||
11 | Article VII of the Illinois Constitution on the concurrent | ||||||
12 | exercise by home rule counties of powers and functions | ||||||
13 | exercised by the State. | ||||||
14 | (d) If the sheriff requests property from a military | ||||||
15 | equipment surplus program, the sheriff shall publish notice of | ||||||
16 | the request on a publicly accessible website maintained by the | ||||||
17 | sheriff or the county within 14 days after the request.
| ||||||
18 | Section 10-165. The Illinois Municipal Code is amended by | ||||||
19 | adding Section 11-5.1-2 as follows:
| ||||||
20 | (65 ILCS 5/11-5.1-2 new) | ||||||
21 | Sec. 11-5.1-2. Military equipment surplus program. | ||||||
22 | (a) For purposes of this Section: | ||||||
23 | "Bayonet" means large knives designed to be attached to the
| ||||||
24 | muzzle of a rifle, shotgun, or long gun for the purposes of
|
| |||||||
| |||||||
1 | hand-to-hand combat. | ||||||
2 | "Grenade launcher" means a firearm or firearm accessory
| ||||||
3 | designed to launch small explosive projectiles. | ||||||
4 | "Military equipment surplus program" means any federal or | ||||||
5 | state program allowing a law enforcement agency to obtain
| ||||||
6 | surplus military equipment including, but not limit to, any
| ||||||
7 | program organized under Section 1122 of the National Defense
| ||||||
8 | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
| ||||||
9 | Section 1033 of the National Defense Authorization Act for
| ||||||
10 | Fiscal Year 1997 (Pub. L. 104-201) or any program established
| ||||||
11 | by the United States Department of Defense under 10 U.S.C.
| ||||||
12 | 2576a. | ||||||
13 | "Tracked armored vehicle" means a vehicle that provides
| ||||||
14 | ballistic protection to its occupants and utilizes a tracked
| ||||||
15 | system installed of wheels for forward motion. | ||||||
16 | "Weaponized aircraft, vessels, or vehicles" means any
| ||||||
17 | aircraft, vessel, or vehicle with weapons installed. | ||||||
18 | (b) A police department shall not request or receive from
| ||||||
19 | any military equipment surplus program nor purchase or
| ||||||
20 | otherwise utilize the following equipment: | ||||||
21 | (1) tracked armored vehicles; | ||||||
22 | (2) weaponized aircraft, vessels, or vehicles; | ||||||
23 | (3) firearms of .50-caliber or higher; | ||||||
24 | (4) ammunition of .50-caliber or higher; | ||||||
25 | (5) grenade launchers, grenades, or similar | ||||||
26 | explosives; or |
| |||||||
| |||||||
1 | (6) bayonets. | ||||||
2 | (c) A home rule municipality may not regulate the
| ||||||
3 | acquisition of equipment in a manner inconsistent with this
| ||||||
4 | Section. This Section is a limitation under subsection (i) of
| ||||||
5 | Section 6 of Article VII of the Illinois Constitution on the
| ||||||
6 | concurrent exercise by home rule municipalities of powers and
| ||||||
7 | functions exercised by the State. | ||||||
8 | (d) If a police department requests other property not | ||||||
9 | prohibited from a military equipment surplus
program, the | ||||||
10 | police department shall publish notice of the
request on a | ||||||
11 | publicly accessible website maintained by the
police | ||||||
12 | department or the municipality within 14 days after the
| ||||||
13 | request.
| ||||||
14 | (65 ILCS 5/1-2-12.1 rep.) | ||||||
15 | Section 10-170. The Illinois Municipal Code is amended by | ||||||
16 | repealing Section 1-2-12.1.
| ||||||
17 | Section 10-175. The Campus Security Enhancement Act of 2008 | ||||||
18 | is amended by changing Section 15 as follows:
| ||||||
19 | (110 ILCS 12/15)
| ||||||
20 | Sec. 15. Arrest reports.
| ||||||
21 | (a) When an individual is arrested, the following | ||||||
22 | information must
be made available to the news media for | ||||||
23 | inspection and copying:
|
| |||||||
| |||||||
1 | (1) Information that identifies the individual,
| ||||||
2 | including the name, age, address, and photograph, when and | ||||||
3 | if available.
| ||||||
4 | (2) Information detailing any charges relating to the | ||||||
5 | arrest.
| ||||||
6 | (3) The time and location of the arrest.
| ||||||
7 | (4) The name of the investigating or arresting law | ||||||
8 | enforcement agency.
| ||||||
9 | (5) If the individual is incarcerated, the conditions | ||||||
10 | of pretrial release amount of any bail or bond .
| ||||||
11 | (6) If the individual is incarcerated, the time and | ||||||
12 | date that
the individual was received, discharged, or | ||||||
13 | transferred from the arresting
agency's custody.
| ||||||
14 | (b) The information required by this Section must be made | ||||||
15 | available to
the news media for inspection and copying as soon | ||||||
16 | as practicable, but in no
event shall the time period exceed 72 | ||||||
17 | hours from the arrest. The information
described in paragraphs | ||||||
18 | (3), (4), (5), and (6) of subsection (a), however, may
be | ||||||
19 | withheld if it is determined that disclosure would:
| ||||||
20 | (1) interfere with pending or actually and reasonably | ||||||
21 | contemplated law
enforcement proceedings conducted by any | ||||||
22 | law enforcement or correctional
agency;
| ||||||
23 | (2) endanger the life or physical safety of law | ||||||
24 | enforcement or
correctional personnel or any other person; | ||||||
25 | or
| ||||||
26 | (3) compromise the security of any correctional |
| |||||||
| |||||||
1 | facility.
| ||||||
2 | (c) For the purposes of this Section the term "news media" | ||||||
3 | means personnel
of a newspaper or other periodical issued at | ||||||
4 | regular intervals whether in
print or electronic format, a news | ||||||
5 | service whether in print or electronic
format, a radio station, | ||||||
6 | a television station, a television network, a
community antenna | ||||||
7 | television service, or a person or corporation engaged in
| ||||||
8 | making news reels or other motion picture news for public | ||||||
9 | showing.
| ||||||
10 | (d) Each law enforcement or correctional agency may charge | ||||||
11 | fees for arrest
records, but in no instance may the fee exceed | ||||||
12 | the actual cost of copying and
reproduction. The fees may not | ||||||
13 | include the cost of the labor used to reproduce
the arrest | ||||||
14 | record.
| ||||||
15 | (e) The provisions of this Section do not supersede the | ||||||
16 | confidentiality
provisions for arrest records of the Juvenile | ||||||
17 | Court Act of 1987.
| ||||||
18 | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; | ||||||
19 | 92-335, eff.
8-10-01.)
| ||||||
20 | Section 10-180. The Illinois Insurance Code is amended by | ||||||
21 | changing Sections 143.19, 143.19.1, and 205 as follows:
| ||||||
22 | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
| ||||||
23 | Sec. 143.19. Cancellation of automobile insurance policy; | ||||||
24 | grounds. After a policy of automobile insurance as defined in |
| |||||||
| |||||||
1 | Section
143.13(a) has been effective for 60 days, or if such | ||||||
2 | policy is a renewal
policy, the insurer shall not exercise its | ||||||
3 | option to cancel such policy
except for one or more of the | ||||||
4 | following reasons:
| ||||||
5 | a. Nonpayment of premium;
| ||||||
6 | b. The policy was obtained through a material | ||||||
7 | misrepresentation;
| ||||||
8 | c. Any insured violated any of the terms and conditions | ||||||
9 | of the
policy;
| ||||||
10 | d. The named insured failed to disclose fully his motor | ||||||
11 | vehicle
accidents and moving traffic violations for the | ||||||
12 | preceding 36 months if
called for in the application;
| ||||||
13 | e. Any insured made a false or fraudulent claim or | ||||||
14 | knowingly aided
or abetted another in the presentation of | ||||||
15 | such a claim;
| ||||||
16 | f. The named insured or any other operator who either | ||||||
17 | resides in the
same household or customarily operates an | ||||||
18 | automobile insured under such
policy:
| ||||||
19 | 1. has, within the 12 months prior to the notice of
| ||||||
20 | cancellation, had his driver's license under | ||||||
21 | suspension or revocation;
| ||||||
22 | 2. is or becomes subject to epilepsy or heart | ||||||
23 | attacks, and such
individual does not produce a | ||||||
24 | certificate from a physician testifying to
his | ||||||
25 | unqualified ability to operate a motor vehicle safely;
| ||||||
26 | 3. has an accident record, conviction record |
| |||||||
| |||||||
1 | (criminal or traffic),
physical, or mental condition | ||||||
2 | which is such that his operation of an
automobile might | ||||||
3 | endanger the public safety;
| ||||||
4 | 4. has, within the 36 months prior to the notice of | ||||||
5 | cancellation,
been addicted to the use of narcotics or | ||||||
6 | other drugs; or
| ||||||
7 | 5. has been convicted, or violated conditions of | ||||||
8 | pretrial release forfeited bail , during the 36 months
| ||||||
9 | immediately preceding the notice of cancellation, for | ||||||
10 | any felony,
criminal negligence resulting in death, | ||||||
11 | homicide or assault arising out
of the operation of a | ||||||
12 | motor vehicle, operating a motor vehicle while in
an | ||||||
13 | intoxicated condition or while under the influence of | ||||||
14 | drugs, being
intoxicated while in, or about, an | ||||||
15 | automobile or while having custody of
an automobile, | ||||||
16 | leaving the scene of an accident without stopping to
| ||||||
17 | report, theft or unlawful taking of a motor vehicle, | ||||||
18 | making false
statements in an application for an | ||||||
19 | operator's or chauffeur's license or
has been | ||||||
20 | convicted or pretrial release has been revoked | ||||||
21 | forfeited bail for 3 or more violations within the
12 | ||||||
22 | months immediately preceding the notice of | ||||||
23 | cancellation, of any law,
ordinance, or regulation | ||||||
24 | limiting the speed of motor vehicles or any of
the | ||||||
25 | provisions of the motor vehicle laws of any state, | ||||||
26 | violation of
which constitutes a misdemeanor, whether |
| |||||||
| |||||||
1 | or not the violations were
repetitions of the same | ||||||
2 | offense or different offenses;
| ||||||
3 | g. The insured automobile is:
| ||||||
4 | 1. so mechanically defective that its operation | ||||||
5 | might endanger
public safety;
| ||||||
6 | 2. used in carrying passengers for hire or | ||||||
7 | compensation (the use of
an automobile for a car pool | ||||||
8 | shall not be considered use of an automobile
for hire | ||||||
9 | or compensation);
| ||||||
10 | 3. used in the business of transportation of | ||||||
11 | flammables
or explosives;
| ||||||
12 | 4. an authorized emergency vehicle;
| ||||||
13 | 5. changed in shape or condition during the policy | ||||||
14 | period so as to
increase the risk substantially; or
| ||||||
15 | 6. subject to an inspection law and has not been | ||||||
16 | inspected or, if
inspected, has failed to qualify.
| ||||||
17 | Nothing in this Section shall apply to nonrenewal.
| ||||||
18 | (Source: P.A. 100-201, eff. 8-18-17.)
| ||||||
19 | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
| ||||||
20 | Sec. 143.19.1. Limits on exercise of right of nonrenewal. | ||||||
21 | After a
policy of automobile insurance, as defined in
Section | ||||||
22 | 143.13, has been effective or renewed for 5 or more years, the
| ||||||
23 | company shall not exercise its right of non-renewal unless:
| ||||||
24 | a. The policy was obtained through a material | ||||||
25 | misrepresentation; or
|
| |||||||
| |||||||
1 | b. Any insured violated any of the terms and conditions of | ||||||
2 | the
policy; or
| ||||||
3 | c. The named insured failed to disclose fully his motor | ||||||
4 | vehicle
accidents and moving traffic violations for the | ||||||
5 | preceding 36 months, if
such information is called for in the | ||||||
6 | application; or
| ||||||
7 | d. Any insured made a false or fraudulent claim or | ||||||
8 | knowingly aided
or abetted another in the presentation of such | ||||||
9 | a claim; or
| ||||||
10 | e. The named insured or any other operator who either | ||||||
11 | resides in the
same household or customarily operates an | ||||||
12 | automobile insured under such
a policy:
| ||||||
13 | 1. Has, within the 12 months prior to the notice of | ||||||
14 | non-renewal had
his drivers license under suspension or | ||||||
15 | revocation; or
| ||||||
16 | 2. Is or becomes subject to epilepsy or heart attacks, | ||||||
17 | and such
individual does not produce a certificate from a | ||||||
18 | physician testifying to
his unqualified ability to operate | ||||||
19 | a motor vehicle safely; or
| ||||||
20 | 3. Has an accident record, conviction record (criminal | ||||||
21 | or traffic),
or a physical or mental condition which is | ||||||
22 | such that his operation of an
automobile might endanger the | ||||||
23 | public safety; or
| ||||||
24 | 4. Has, within the 36 months prior to the notice of | ||||||
25 | non-renewal,
been addicted to the use of narcotics or other | ||||||
26 | drugs; or
|
| |||||||
| |||||||
1 | 5. Has been convicted or pretrial release has been | ||||||
2 | revoked forfeited bail , during the 36 months
immediately | ||||||
3 | preceding the notice of non-renewal, for any felony,
| ||||||
4 | criminal negligence resulting in death, homicide or | ||||||
5 | assault arising out
of the operation of a motor vehicle, | ||||||
6 | operating a motor vehicle while in
an intoxicated condition | ||||||
7 | or while under the influence of drugs, being
intoxicated | ||||||
8 | while in or about an automobile or while having custody of
| ||||||
9 | an automobile, leaving the scene of an accident without | ||||||
10 | stopping to
report, theft or unlawful taking of a motor | ||||||
11 | vehicle, making false
statements in an application for an | ||||||
12 | operators or chauffeurs license, or
has been convicted or | ||||||
13 | pretrial release has been revoked forfeited bail for 3 or | ||||||
14 | more violations within the
12 months immediately preceding | ||||||
15 | the notice of non-renewal, of any law,
ordinance or | ||||||
16 | regulation limiting the speed of motor vehicles or any
of | ||||||
17 | the provisions of the motor vehicle laws of any state, | ||||||
18 | violation of
which constitutes a misdemeanor, whether or | ||||||
19 | not the violations were
repetitions of the same offense or | ||||||
20 | different offenses; or
| ||||||
21 | f. The insured automobile is:
| ||||||
22 | 1. So mechanically defective that its operation might | ||||||
23 | endanger
public safety; or
| ||||||
24 | 2. Used in carrying passengers for hire or compensation | ||||||
25 | (the use of
an automobile for a car pool shall not be | ||||||
26 | considered use of an
automobile for hire or compensation); |
| |||||||
| |||||||
1 | or
| ||||||
2 | 3. Used in the business of transportation of flammables | ||||||
3 | or
explosives; or
| ||||||
4 | 4. An authorized emergency vehicle; or
| ||||||
5 | 5. Changed in shape or condition during the policy | ||||||
6 | period so as to
increase the risk substantially; or
| ||||||
7 | 6. Subject to an inspection law and it has not been | ||||||
8 | inspected or, if
inspected, has failed to qualify; or
| ||||||
9 | g. The notice of the intention
not to renew is mailed to | ||||||
10 | the insured at least 60 days before the date of
nonrenewal as | ||||||
11 | provided in Section 143.17.
| ||||||
12 | (Source: P.A. 89-669, eff. 1-1-97.)
| ||||||
13 | (215 ILCS 5/205) (from Ch. 73, par. 817)
| ||||||
14 | Sec. 205. Priority of distribution of general assets.
| ||||||
15 | (1) The priorities of distribution of general assets from | ||||||
16 | the
company's estate is to be as follows:
| ||||||
17 | (a) The costs and expenses of administration, | ||||||
18 | including, but not limited to, the following: | ||||||
19 | (i) The reasonable expenses of the Illinois | ||||||
20 | Insurance Guaranty Fund, the Illinois Life and Health | ||||||
21 | Insurance Guaranty Association, and the Illinois | ||||||
22 | Health Maintenance Organization Guaranty Association | ||||||
23 | and of any similar organization in any other state, | ||||||
24 | including overhead, salaries, and other general | ||||||
25 | administrative expenses allocable to the receivership |
| |||||||
| |||||||
1 | (administrative and claims handling expenses and | ||||||
2 | expenses in connection with arrangements for ongoing | ||||||
3 | coverage), but excluding expenses incurred in the | ||||||
4 | performance of duties under Section 547 or similar | ||||||
5 | duties under the statute governing a similar | ||||||
6 | organization in another state. For property and | ||||||
7 | casualty insurance guaranty associations that guaranty | ||||||
8 | certain obligations of any member company as defined by | ||||||
9 | Section 534.5, expenses shall include, but not be | ||||||
10 | limited to, loss adjustment expenses, which shall | ||||||
11 | include adjusting and other expenses and defense and | ||||||
12 | cost containment expenses. The expenses of such | ||||||
13 | property and casualty guaranty associations, including | ||||||
14 | the Illinois Insurance Guaranty Fund, shall be | ||||||
15 | reimbursed as prescribed by Section 545, but shall be | ||||||
16 | subordinate to all other costs and expenses of | ||||||
17 | administration, including the expenses reimbursed | ||||||
18 | pursuant to subparagraph (ii) of this paragraph (a). | ||||||
19 | (ii) The expenses expressly approved or ratified | ||||||
20 | by the Director as liquidator or rehabilitator, | ||||||
21 | including, but not limited to, the following: | ||||||
22 | (1) the actual and necessary costs of | ||||||
23 | preserving or recovering the property of the | ||||||
24 | insurer; | ||||||
25 | (2) reasonable compensation for all services | ||||||
26 | rendered on behalf of the administrative |
| |||||||
| |||||||
1 | supervisor or receiver; | ||||||
2 | (3) any necessary filing fees; | ||||||
3 | (4) the fees and mileage payable to witnesses; | ||||||
4 | (5) unsecured loans obtained by the receiver; | ||||||
5 | and | ||||||
6 | (6) expenses approved by the conservator or | ||||||
7 | rehabilitator of the insurer, if any, incurred in the | ||||||
8 | course of the conservation or rehabilitation that are | ||||||
9 | unpaid at the time of the entry of the order of | ||||||
10 | liquidation. | ||||||
11 | Any unsecured loan falling under item (5) of | ||||||
12 | subparagraph (ii) of this paragraph (a) shall have priority | ||||||
13 | over all other costs and expenses of administration, unless | ||||||
14 | the lender agrees otherwise. Absent agreement to the | ||||||
15 | contrary, all other costs and expenses of administration | ||||||
16 | shall be shared on a pro-rata basis, except for the | ||||||
17 | expenses of property and casualty guaranty associations, | ||||||
18 | which shall have a lower priority pursuant to subparagraph | ||||||
19 | (i) of this paragraph (a).
| ||||||
20 | (b) Secured
claims,
including claims for taxes and | ||||||
21 | debts due the federal or any state or local
government, | ||||||
22 | that are secured by liens perfected prior to the
filing of | ||||||
23 | the
complaint.
| ||||||
24 | (c) Claims for wages actually owing to employees for | ||||||
25 | services rendered
within
3 months prior to the date of the | ||||||
26 | filing of the complaint, not exceeding $1,000
to each |
| |||||||
| |||||||
1 | employee unless there are claims due the federal government | ||||||
2 | under
paragraph (f), then the claims for wages shall have a | ||||||
3 | priority of
distribution immediately following that of | ||||||
4 | federal claims under paragraph (f)
and immediately | ||||||
5 | preceding claims of general creditors under paragraph (g).
| ||||||
6 | (d) Claims by policyholders, beneficiaries, and | ||||||
7 | insureds, under
insurance policies, annuity contracts, and | ||||||
8 | funding agreements,
liability
claims against insureds | ||||||
9 | covered under insurance policies and insurance
contracts | ||||||
10 | issued by the company, claims of obligees (and, subject to | ||||||
11 | the discretion of the
receiver, completion contractors) | ||||||
12 | under surety bonds and surety undertakings (not to include | ||||||
13 | bail bonds, mortgage or financial guaranty, or other forms | ||||||
14 | of insurance offering protection against
investment risk), | ||||||
15 | claims by principals under surety bonds and surety | ||||||
16 | undertakings for wrongful
dissipation of collateral by the | ||||||
17 | insurer or its agents, and claims incurred during any | ||||||
18 | extension of
coverage provided under subsection (5) of | ||||||
19 | Section 193, and claims of the Illinois Insurance
Guaranty | ||||||
20 | Fund, the Illinois Life and Health Insurance Guaranty | ||||||
21 | Association,
the Illinois Health Maintenance Organization | ||||||
22 | Guaranty Association, and any
similar organization in | ||||||
23 | another state
as prescribed in Section 545. For purposes of | ||||||
24 | this Section, "funding
agreement" means an agreement | ||||||
25 | whereby an insurer authorized to write business
under Class | ||||||
26 | 1 of Section 4 of this Code may accept and accumulate funds |
| |||||||
| |||||||
1 | and
make one or more payments at future dates in amounts | ||||||
2 | that are not based upon
mortality or morbidity | ||||||
3 | contingencies.
| ||||||
4 | (e) Claims by policyholders, beneficiaries, and | ||||||
5 | insureds, the
allowed
values of which were determined by | ||||||
6 | estimation under paragraph (b) of subsection
(4) of Section | ||||||
7 | 209.
| ||||||
8 | (f) Any other claims due the federal government.
| ||||||
9 | (g) All other claims of general creditors not falling | ||||||
10 | within
any
other
priority under this Section including | ||||||
11 | claims for taxes and debts due any state
or local | ||||||
12 | government which are not secured
claims and claims for
| ||||||
13 | attorneys' fees incurred by the company in contesting its | ||||||
14 | conservation,
rehabilitation, or liquidation.
| ||||||
15 | (h) Claims of guaranty fund certificate holders,
| ||||||
16 | guaranty
capital
shareholders, capital note holders, and | ||||||
17 | surplus note holders.
| ||||||
18 | (i) Proprietary claims of shareholders, members, or | ||||||
19 | other
owners.
| ||||||
20 | Every claim under a written agreement, statute, or rule | ||||||
21 | providing that the
assets in a separate account are not | ||||||
22 | chargeable with the liabilities arising
out of any other | ||||||
23 | business of the insurer shall be satisfied out of the funded
| ||||||
24 | assets in the separate account equal to, but not to exceed, the | ||||||
25 | reserves
maintained in the separate account under the separate | ||||||
26 | account agreement, and to
the extent, if any, the claim is not |
| |||||||
| |||||||
1 | fully discharged thereby, the remainder
of the claim shall be | ||||||
2 | treated as a priority level (d) claim under paragraph
(d) of | ||||||
3 | this subsection to the extent that reserves have been | ||||||
4 | established in the
insurer's general account pursuant to | ||||||
5 | statute, rule, or the separate account
agreement.
| ||||||
6 | For purposes of this provision, "separate account | ||||||
7 | policies, contracts, or
agreements" means any policies, | ||||||
8 | contracts, or agreements that provide for
separate accounts as | ||||||
9 | contemplated by Section 245.21.
| ||||||
10 | To the extent that any assets of an insurer, other than | ||||||
11 | those assets properly
allocated to and maintained in a separate | ||||||
12 | account, have been used to fund or
pay any expenses, taxes, or | ||||||
13 | policyholder benefits that are attributable to a
separate | ||||||
14 | account policy, contract, or agreement that should have been | ||||||
15 | paid by a
separate account prior to the commencement of | ||||||
16 | receivership proceedings, then
upon the commencement of | ||||||
17 | receivership proceedings, the separate accounts
that benefited | ||||||
18 | from this payment or funding shall first be used to repay or
| ||||||
19 | reimburse the company's general assets or account for any | ||||||
20 | unreimbursed net sums
due at the commencement of receivership | ||||||
21 | proceedings prior to the application of
the separate account | ||||||
22 | assets to the satisfaction of liabilities or the
corresponding | ||||||
23 | separate account policies, contracts, and agreements.
| ||||||
24 | To the extent, if any, reserves or assets maintained in the | ||||||
25 | separate account
are in excess of the amounts needed to satisfy | ||||||
26 | claims under the separate
account contracts, the excess shall |
| |||||||
| |||||||
1 | be treated as part of the general assets of
the insurer's | ||||||
2 | estate.
| ||||||
3 | (2) Within 120 days after the issuance of an Order of | ||||||
4 | Liquidation with a
finding of insolvency against a domestic | ||||||
5 | company, the Director shall make
application to the court | ||||||
6 | requesting authority to disburse funds to the
Illinois | ||||||
7 | Insurance Guaranty Fund, the Illinois Life and Health Insurance
| ||||||
8 | Guaranty Association, the Illinois Health Maintenance | ||||||
9 | Organization Guaranty
Association, and similar organizations | ||||||
10 | in other states from time to time out
of the company's | ||||||
11 | marshaled assets as funds
become available in amounts equal to | ||||||
12 | disbursements made by the
Illinois Insurance Guaranty Fund, the | ||||||
13 | Illinois Life and Health Insurance
Guaranty Association, the | ||||||
14 | Illinois Health Maintenance Organization Guaranty
Association, | ||||||
15 | and similar organizations in other states
for covered claims | ||||||
16 | obligations on the presentation of evidence that such
| ||||||
17 | disbursements have been made by the Illinois Insurance
Guaranty | ||||||
18 | Fund, the Illinois Life and Health Insurance Guaranty
| ||||||
19 | Association, the Illinois Health Maintenance Organization | ||||||
20 | Guaranty Association,
and similar organizations in other | ||||||
21 | states.
| ||||||
22 | The Director shall establish procedures for the ratable | ||||||
23 | allocation and
distribution of disbursements to the Illinois | ||||||
24 | Insurance Guaranty Fund,
the Illinois Life and Health Insurance | ||||||
25 | Guaranty Association, the Illinois
Health Maintenance | ||||||
26 | Organization Guaranty Association, and
similar organizations |
| |||||||
| |||||||
1 | in other states. In determining the amounts available
for | ||||||
2 | disbursement, the Director shall reserve sufficient assets for | ||||||
3 | the
payment of the expenses of administration described in | ||||||
4 | paragraph (1)(a)
of this Section. All funds available for | ||||||
5 | disbursement after the establishment
of the prescribed reserve | ||||||
6 | shall be promptly distributed. As a condition
to receipt of | ||||||
7 | funds in reimbursement of covered claims obligations,
the | ||||||
8 | Director shall secure from the Illinois Insurance Guaranty | ||||||
9 | Fund,
the Illinois Life and Health Insurance Guaranty | ||||||
10 | Association, the Illinois
Health Maintenance Organization | ||||||
11 | Guaranty Association, and
each similar organization in other | ||||||
12 | states, an agreement to return to the
Director on demand funds | ||||||
13 | previously received as may be required to pay claims
of secured | ||||||
14 | creditors and claims falling within the priorities established
| ||||||
15 | in paragraphs (a), (b), (c), and (d) of subsection (1) of
this | ||||||
16 | Section in accordance
with such priorities.
| ||||||
17 | (3) The changes made in this Section by this amendatory Act | ||||||
18 | of the 100th General Assembly apply to all liquidation,
| ||||||
19 | rehabilitation, or conservation proceedings that are pending | ||||||
20 | on the effective date of this amendatory
Act of the 100th | ||||||
21 | General Assembly and to all future liquidation, | ||||||
22 | rehabilitation, or conservation proceedings. | ||||||
23 | (4) The provisions of this Section are severable under | ||||||
24 | Section 1.31 of
the Statute on Statutes.
| ||||||
25 | (Source: P.A. 100-410, eff. 8-25-17.)
|
| |||||||
| |||||||
1 | Section 10-185. The Illinois Gambling Act is amended by | ||||||
2 | changing Section 5.1 as follows:
| ||||||
3 | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
| ||||||
4 | Sec. 5.1. Disclosure of records.
| ||||||
5 | (a) Notwithstanding any applicable statutory provision to | ||||||
6 | the contrary,
the Board shall, on written request from any | ||||||
7 | person, provide
information furnished by an applicant or | ||||||
8 | licensee concerning the applicant
or licensee, his products, | ||||||
9 | services or gambling enterprises and his
business holdings, as | ||||||
10 | follows:
| ||||||
11 | (1) The name, business address and business telephone | ||||||
12 | number of any
applicant or licensee.
| ||||||
13 | (2) An identification of any applicant or licensee | ||||||
14 | including, if an
applicant or licensee is not an | ||||||
15 | individual, the names and addresses of all stockholders and | ||||||
16 | directors, if the entity is a corporation; the names and | ||||||
17 | addresses of all members, if the entity is a limited | ||||||
18 | liability company; the names and addresses of all partners, | ||||||
19 | both general and limited, if the entity is a partnership; | ||||||
20 | and the names and addresses of all beneficiaries, if the | ||||||
21 | entity is a trust. If an applicant or licensee has a | ||||||
22 | pending registration
statement filed with the Securities | ||||||
23 | and Exchange Commission, only the names
of those persons or | ||||||
24 | entities holding interest of 5% or more must be provided.
| ||||||
25 | (3) An identification of any business, including, if |
| |||||||
| |||||||
1 | applicable, the
state of incorporation or registration, in | ||||||
2 | which an applicant or licensee
or an applicant's or | ||||||
3 | licensee's spouse or children has an equity interest
of | ||||||
4 | more than 1%. If an applicant or licensee is a corporation, | ||||||
5 | partnership
or other business entity, the applicant or | ||||||
6 | licensee shall identify any
other corporation, partnership | ||||||
7 | or business entity in which it has an equity
interest of 1%
| ||||||
8 | or more, including, if applicable, the state of
| ||||||
9 | incorporation or registration. This information need not | ||||||
10 | be provided by a
corporation, partnership or other business | ||||||
11 | entity that has a pending
registration statement filed with | ||||||
12 | the Securities and Exchange Commission.
| ||||||
13 | (4) Whether an applicant or licensee has been indicted, | ||||||
14 | convicted,
pleaded guilty or nolo contendere, or pretrial | ||||||
15 | release has been revoked forfeited bail concerning any
| ||||||
16 | criminal offense under the laws of any jurisdiction, either | ||||||
17 | felony or
misdemeanor (except for traffic violations), | ||||||
18 | including the date, the name
and location of the court, | ||||||
19 | arresting agency and prosecuting agency, the
case number, | ||||||
20 | the offense, the disposition and the location and length of
| ||||||
21 | incarceration.
| ||||||
22 | (5) Whether an applicant or licensee has had any | ||||||
23 | license or
certificate issued by a licensing authority in | ||||||
24 | Illinois or any other
jurisdiction denied, restricted, | ||||||
25 | suspended, revoked or not renewed and a
statement | ||||||
26 | describing the facts and circumstances concerning the |
| |||||||
| |||||||
1 | denial,
restriction, suspension, revocation or | ||||||
2 | non-renewal, including the licensing
authority, the date | ||||||
3 | each such action was taken, and the reason for each
such | ||||||
4 | action.
| ||||||
5 | (6) Whether an applicant or licensee has ever filed or | ||||||
6 | had filed against
it a proceeding in bankruptcy or has ever | ||||||
7 | been involved in any formal
process to adjust, defer, | ||||||
8 | suspend or otherwise work out the payment of any
debt | ||||||
9 | including the date of filing, the name and location of the | ||||||
10 | court, the
case and number of the disposition.
| ||||||
11 | (7) Whether an applicant or licensee has filed, or been | ||||||
12 | served with a
complaint or other notice filed with any | ||||||
13 | public body, regarding the
delinquency in the payment of, | ||||||
14 | or a dispute over the filings concerning the
payment of, | ||||||
15 | any tax required under federal, State or local law, | ||||||
16 | including
the amount, type of tax, the taxing agency and | ||||||
17 | time periods involved.
| ||||||
18 | (8) A statement listing the names and titles of all | ||||||
19 | public officials
or officers of any unit of government, and | ||||||
20 | relatives of said
public officials or officers who, | ||||||
21 | directly or indirectly, own
any financial interest in, have | ||||||
22 | any beneficial interest in, are the
creditors of or hold | ||||||
23 | any debt instrument issued by, or hold or have any
interest | ||||||
24 | in any contractual or service relationship with, an | ||||||
25 | applicant
or licensee.
| ||||||
26 | (9) Whether an applicant or licensee has made, directly |
| |||||||
| |||||||
1 | or indirectly,
any political contribution, or any loans, | ||||||
2 | donations or other payments, to
any candidate or office | ||||||
3 | holder, within 5 years from the date of filing the
| ||||||
4 | application, including the amount and the method of | ||||||
5 | payment.
| ||||||
6 | (10) The name and business telephone number of the | ||||||
7 | counsel
representing an applicant or licensee in matters | ||||||
8 | before the Board.
| ||||||
9 | (11) A description of any proposed or approved gambling | ||||||
10 | operation, including the type of boat, home dock, or casino | ||||||
11 | or gaming location, expected
economic benefit to the | ||||||
12 | community, anticipated or actual number of
employees, any | ||||||
13 | statement from an applicant or licensee regarding | ||||||
14 | compliance
with federal and State affirmative action | ||||||
15 | guidelines, projected or actual
admissions and projected | ||||||
16 | or actual adjusted gross gaming receipts.
| ||||||
17 | (12) A description of the product or service to be | ||||||
18 | supplied by an
applicant for a supplier's license.
| ||||||
19 | (b) Notwithstanding any applicable statutory provision to | ||||||
20 | the contrary,
the Board shall, on written request from any | ||||||
21 | person, also provide
the following information:
| ||||||
22 | (1) The amount of the wagering tax and admission tax | ||||||
23 | paid daily to the
State of Illinois by the holder of an | ||||||
24 | owner's license.
| ||||||
25 | (2) Whenever the Board finds an applicant for an | ||||||
26 | owner's license
unsuitable for licensing, a copy of the |
| |||||||
| |||||||
1 | written letter outlining the
reasons for the denial.
| ||||||
2 | (3) Whenever the Board has refused to grant leave for | ||||||
3 | an applicant to
withdraw his application, a copy of the | ||||||
4 | letter outlining the reasons for
the refusal.
| ||||||
5 | (c) Subject to the above provisions, the Board shall not | ||||||
6 | disclose any
information which would be barred by:
| ||||||
7 | (1) Section 7 of the Freedom of Information Act; or
| ||||||
8 | (2) The statutes, rules, regulations or | ||||||
9 | intergovernmental agreements
of any jurisdiction.
| ||||||
10 | (d) The Board may assess fees for the copying of | ||||||
11 | information in
accordance with Section 6 of the Freedom of | ||||||
12 | Information Act.
| ||||||
13 | (Source: P.A. 101-31, eff. 6-28-19.)
| ||||||
14 | Section 10-187. The Sexual Assault Survivors Emergency | ||||||
15 | Treatment Act is amended by changing Section 7.5 as follows:
| ||||||
16 | (410 ILCS 70/7.5) | ||||||
17 | Sec. 7.5. Prohibition on billing sexual assault survivors | ||||||
18 | directly for certain services; written notice; billing | ||||||
19 | protocols. | ||||||
20 | (a) A hospital, approved pediatric health care facility, | ||||||
21 | health care professional, ambulance provider, laboratory, or | ||||||
22 | pharmacy furnishing medical forensic services, transportation, | ||||||
23 | follow-up healthcare, or medication to a sexual assault | ||||||
24 | survivor shall not: |
| |||||||
| |||||||
1 | (1) charge or submit a bill for any portion of the | ||||||
2 | costs of the services, transportation, or medications to | ||||||
3 | the sexual assault survivor, including any insurance | ||||||
4 | deductible, co-pay, co-insurance, denial of claim by an | ||||||
5 | insurer, spenddown, or any other out-of-pocket expense; | ||||||
6 | (2) communicate with, harass, or intimidate the sexual | ||||||
7 | assault survivor for payment of services, including, but | ||||||
8 | not limited to, repeatedly calling or writing to the sexual | ||||||
9 | assault survivor and threatening to refer the matter to a | ||||||
10 | debt collection agency or to an attorney for collection, | ||||||
11 | enforcement, or filing of other process; | ||||||
12 | (3) refer a bill to a collection agency or attorney for | ||||||
13 | collection action against the sexual assault survivor; | ||||||
14 | (4) contact or distribute information to affect the | ||||||
15 | sexual assault survivor's credit rating; or | ||||||
16 | (5) take any other action adverse to the sexual assault | ||||||
17 | survivor or his or her family on account of providing | ||||||
18 | services to the sexual assault survivor. | ||||||
19 | (b) Nothing in this Section precludes a hospital, health | ||||||
20 | care provider, ambulance provider, laboratory, or pharmacy | ||||||
21 | from billing the sexual assault survivor or any applicable | ||||||
22 | health insurance or coverage for inpatient services. | ||||||
23 | (c) Every hospital and approved pediatric health care | ||||||
24 | facility providing treatment services to sexual assault | ||||||
25 | survivors in accordance with a plan approved under Section 2 of | ||||||
26 | this Act shall provide a written notice to a sexual assault |
| |||||||
| |||||||
1 | survivor. The written notice must include, but is not limited | ||||||
2 | to, the following: | ||||||
3 | (1) a statement that the sexual assault survivor should | ||||||
4 | not be directly billed by any ambulance provider providing | ||||||
5 | transportation services, or by any hospital, approved | ||||||
6 | pediatric health care facility, health care professional, | ||||||
7 | laboratory, or pharmacy for the services the sexual assault | ||||||
8 | survivor received as an outpatient at the hospital or | ||||||
9 | approved pediatric health care facility; | ||||||
10 | (2) a statement that a sexual assault survivor who is | ||||||
11 | admitted to a hospital may be billed for inpatient services | ||||||
12 | provided by a hospital, health care professional, | ||||||
13 | laboratory, or pharmacy; | ||||||
14 | (3) a statement that prior to leaving the hospital or | ||||||
15 | approved pediatric health care facility, the hospital or | ||||||
16 | approved pediatric health care facility will give the | ||||||
17 | sexual assault survivor a sexual assault services voucher | ||||||
18 | for follow-up healthcare if the sexual assault survivor is | ||||||
19 | eligible to receive a sexual assault services voucher; | ||||||
20 | (4) the definition of "follow-up healthcare" as set | ||||||
21 | forth in Section 1a of this Act; | ||||||
22 | (5) a phone number the sexual assault survivor may call | ||||||
23 | should the sexual assault survivor receive a bill from the | ||||||
24 | hospital or approved pediatric health care facility for | ||||||
25 | medical forensic services; | ||||||
26 | (6) the toll-free phone number of the Office of the |
| |||||||
| |||||||
1 | Illinois Attorney General, Crime Victim Services Division, | ||||||
2 | which the sexual assault survivor may call should the | ||||||
3 | sexual assault survivor receive a bill from an ambulance | ||||||
4 | provider, approved pediatric health care facility, a | ||||||
5 | health care professional, a laboratory, or a pharmacy. | ||||||
6 | This subsection (c) shall not apply to hospitals that | ||||||
7 | provide transfer services as defined under Section 1a of this | ||||||
8 | Act. | ||||||
9 | (d) Within 60 days after the effective date of this | ||||||
10 | amendatory Act of the 99th General Assembly, every health care | ||||||
11 | professional, except for those employed by a hospital or | ||||||
12 | hospital affiliate, as defined in the Hospital Licensing Act, | ||||||
13 | or those employed by a hospital operated under the University | ||||||
14 | of Illinois Hospital Act, who bills separately for medical or | ||||||
15 | forensic services must develop a billing protocol that ensures | ||||||
16 | that no survivor of sexual assault will be sent a bill for any | ||||||
17 | medical forensic services and submit the billing protocol to | ||||||
18 | the Crime Victim Services Division of the Office of the | ||||||
19 | Attorney General for approval. Within 60 days after the | ||||||
20 | commencement of the provision of medical forensic services, | ||||||
21 | every health care professional, except for those employed by a | ||||||
22 | hospital or hospital affiliate, as defined in the Hospital | ||||||
23 | Licensing Act, or those employed by a hospital operated under | ||||||
24 | the University of Illinois Hospital Act, who bills separately | ||||||
25 | for medical or forensic services must develop a billing | ||||||
26 | protocol that ensures that no survivor of sexual assault is |
| |||||||
| |||||||
1 | sent a bill for any medical forensic services and submit the | ||||||
2 | billing protocol to the Crime Victim Services Division of the | ||||||
3 | Office of the Attorney General for approval. Health care | ||||||
4 | professionals who bill as a legal entity may submit a single | ||||||
5 | billing protocol for the billing entity. | ||||||
6 | Within 60 days after the Department's approval of a | ||||||
7 | treatment plan, an approved pediatric health care facility and | ||||||
8 | any health care professional employed by an approved pediatric | ||||||
9 | health care facility must develop a billing protocol that | ||||||
10 | ensures that no survivor of sexual assault is sent a bill for | ||||||
11 | any medical forensic services and submit the billing protocol | ||||||
12 | to the Crime Victim Services Division of the Office of the | ||||||
13 | Attorney General for approval. | ||||||
14 | The billing protocol must include at a minimum: | ||||||
15 | (1) a description of training for persons who prepare | ||||||
16 | bills for medical and forensic services; | ||||||
17 | (2) a written acknowledgement signed by a person who | ||||||
18 | has completed the training that the person will not bill | ||||||
19 | survivors of sexual assault; | ||||||
20 | (3) prohibitions on submitting any bill for any portion | ||||||
21 | of medical forensic services provided to a survivor of | ||||||
22 | sexual assault to a collection agency; | ||||||
23 | (4) prohibitions on taking any action that would | ||||||
24 | adversely affect the credit of the survivor of sexual | ||||||
25 | assault; | ||||||
26 | (5) the termination of all collection activities if the |
| |||||||
| |||||||
1 | protocol is violated; and | ||||||
2 | (6) the actions to be taken if a bill is sent to a | ||||||
3 | collection agency or the failure to pay is reported to any | ||||||
4 | credit reporting agency. | ||||||
5 | The Crime Victim Services Division of the Office of the | ||||||
6 | Attorney General may provide a sample acceptable billing | ||||||
7 | protocol upon request. | ||||||
8 | The Office of the Attorney General shall approve a proposed | ||||||
9 | protocol if it finds that the implementation of the protocol | ||||||
10 | would result in no survivor of sexual assault being billed or | ||||||
11 | sent a bill for medical forensic services. | ||||||
12 | If the Office of the Attorney General determines that | ||||||
13 | implementation of the protocol could result in the billing of a | ||||||
14 | survivor of sexual assault for medical forensic services, the | ||||||
15 | Office of the Attorney General shall provide the health care | ||||||
16 | professional or approved pediatric health care facility with a | ||||||
17 | written statement of the deficiencies in the protocol. The | ||||||
18 | health care professional or approved pediatric health care | ||||||
19 | facility shall have 30 days to submit a revised billing | ||||||
20 | protocol addressing the deficiencies to the Office of the | ||||||
21 | Attorney General. The health care professional or approved | ||||||
22 | pediatric health care facility shall implement the protocol | ||||||
23 | upon approval by the Crime Victim Services Division of the | ||||||
24 | Office of the Attorney General. | ||||||
25 | The health care professional or approved pediatric health | ||||||
26 | care facility shall submit any proposed revision to or |
| |||||||
| |||||||
1 | modification of an approved billing protocol to the Crime | ||||||
2 | Victim Services Division of the Office of the Attorney General | ||||||
3 | for approval. The health care professional or approved | ||||||
4 | pediatric health care facility shall implement the revised or | ||||||
5 | modified billing protocol upon approval by the Crime Victim | ||||||
6 | Services Division of the Office of the Illinois Attorney | ||||||
7 | General.
| ||||||
8 | (e) This Section is effective on and after July 1, 2021. | ||||||
9 | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
| ||||||
10 | Section 10-190. The Illinois Vehicle Code is amended by | ||||||
11 | changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103 | ||||||
12 | as follows:
| ||||||
13 | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
| ||||||
14 | Sec. 6-204. When court to forward license and reports.
| ||||||
15 | (a) For the purpose of providing to the Secretary of State | ||||||
16 | the records
essential to the performance of the Secretary's | ||||||
17 | duties under this Code to
cancel, revoke or suspend the | ||||||
18 | driver's license and privilege to drive motor
vehicles of | ||||||
19 | certain minors and of persons
found guilty of the criminal | ||||||
20 | offenses or traffic violations
which this Code recognizes as | ||||||
21 | evidence relating to unfitness to safely operate
motor | ||||||
22 | vehicles, the following duties are imposed upon public | ||||||
23 | officials:
| ||||||
24 | (1) Whenever any person is convicted of any offense for |
| |||||||
| |||||||
1 | which
this
Code makes mandatory the cancellation or | ||||||
2 | revocation of the driver's
license or permit of such person | ||||||
3 | by the Secretary of State, the judge of the
court in which | ||||||
4 | such conviction is had shall require the surrender to the | ||||||
5 | clerk
of the court of all driver's licenses or permits then | ||||||
6 | held by the person so
convicted, and the clerk of the court | ||||||
7 | shall, within 5 days thereafter, forward
the same, together | ||||||
8 | with a report of such conviction, to the Secretary.
| ||||||
9 | (2) Whenever any person is convicted of any offense | ||||||
10 | under this
Code or
similar offenses under a municipal | ||||||
11 | ordinance, other than regulations
governing standing, | ||||||
12 | parking or weights of vehicles, and excepting the
following | ||||||
13 | enumerated Sections of this Code: Sections 11-1406 | ||||||
14 | (obstruction
to driver's view or control), 11-1407 | ||||||
15 | (improper opening of door into
traffic), 11-1410 (coasting | ||||||
16 | on downgrade), 11-1411 (following fire
apparatus), | ||||||
17 | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
| ||||||
18 | vehicle which is in unsafe condition or improperly | ||||||
19 | equipped), 12-201(a)
(daytime lights on motorcycles), | ||||||
20 | 12-202 (clearance, identification and
side marker lamps), | ||||||
21 | 12-204 (lamp or flag on projecting load), 12-205
(failure | ||||||
22 | to display the safety lights required), 12-401 | ||||||
23 | (restrictions as
to tire equipment), 12-502 (mirrors), | ||||||
24 | 12-503 (windshields must be
unobstructed and equipped with | ||||||
25 | wipers), 12-601 (horns and warning
devices), 12-602 | ||||||
26 | (mufflers, prevention of noise or smoke), 12-603 (seat
|
| |||||||
| |||||||
1 | safety belts), 12-702 (certain vehicles to carry flares or | ||||||
2 | other warning
devices), 12-703 (vehicles for oiling roads | ||||||
3 | operated on highways),
12-710 (splash guards and | ||||||
4 | replacements), 13-101 (safety tests), 15-101
(size, weight | ||||||
5 | and load), 15-102 (width), 15-103 (height), 15-104 (name
| ||||||
6 | and address on second division vehicles), 15-107 (length of | ||||||
7 | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), | ||||||
8 | 15-112 (weights), 15-301
(weights), 15-316 (weights), | ||||||
9 | 15-318 (weights), and also excepting the following
| ||||||
10 | enumerated Sections of the Chicago Municipal Code: | ||||||
11 | Sections 27-245 (following
fire apparatus), 27-254 | ||||||
12 | (obstruction of traffic), 27-258 (driving vehicle which
is | ||||||
13 | in unsafe condition), 27-259 (coasting on downgrade), | ||||||
14 | 27-264 (use of horns
and signal devices), 27-265 | ||||||
15 | (obstruction to driver's view or driver mechanism),
27-267 | ||||||
16 | (dimming of headlights), 27-268 (unattended motor | ||||||
17 | vehicle), 27-272
(illegal funeral procession), 27-273 | ||||||
18 | (funeral procession on boulevard), 27-275
(driving freight | ||||||
19 | hauling vehicles on boulevard), 27-276 (stopping and | ||||||
20 | standing
of buses or taxicabs), 27-277 (cruising of public | ||||||
21 | passenger vehicles), 27-305
(parallel parking), 27-306 | ||||||
22 | (diagonal parking), 27-307 (parking not to obstruct
| ||||||
23 | traffic), 27-308 (stopping, standing or parking | ||||||
24 | regulated), 27-311 (parking
regulations), 27-312 (parking | ||||||
25 | regulations), 27-313 (parking regulations),
27-314 | ||||||
26 | (parking regulations), 27-315 (parking regulations), |
| |||||||
| |||||||
1 | 27-316 (parking
regulations), 27-317 (parking | ||||||
2 | regulations), 27-318 (parking regulations),
27-319 | ||||||
3 | (parking regulations), 27-320 (parking regulations), | ||||||
4 | 27-321 (parking
regulations), 27-322 (parking | ||||||
5 | regulations), 27-324 (loading and
unloading at an angle), | ||||||
6 | 27-333 (wheel and axle loads), 27-334 (load
restrictions in | ||||||
7 | the downtown district), 27-335 (load restrictions in
| ||||||
8 | residential areas), 27-338 (width of vehicles), 27-339 | ||||||
9 | (height of
vehicles), 27-340 (length of vehicles), 27-352 | ||||||
10 | (reflectors on trailers),
27-353 (mufflers), 27-354 | ||||||
11 | (display of plates), 27-355 (display of city
vehicle tax | ||||||
12 | sticker), 27-357 (identification of vehicles), 27-358
| ||||||
13 | (projecting of loads), and also excepting the following | ||||||
14 | enumerated
paragraphs of Section 2-201 of the Rules and | ||||||
15 | Regulations of the Illinois
State Toll Highway Authority: | ||||||
16 | (l) (driving unsafe vehicle on tollway),
(m) (vehicles | ||||||
17 | transporting dangerous cargo not properly indicated), it
| ||||||
18 | shall be the duty of the clerk of the court in which such | ||||||
19 | conviction is
had within 5 days thereafter to forward to | ||||||
20 | the Secretary of State a report of
the conviction and the | ||||||
21 | court may recommend the suspension of the driver's
license | ||||||
22 | or permit of the person so convicted.
| ||||||
23 | The reporting requirements of this subsection shall | ||||||
24 | apply to all
violations stated in paragraphs (1) and (2) of | ||||||
25 | this
subsection when the
individual has been adjudicated | ||||||
26 | under the Juvenile Court Act or the
Juvenile Court Act of |
| |||||||
| |||||||
1 | 1987. Such reporting requirements shall also apply to
| ||||||
2 | individuals adjudicated under the Juvenile Court Act or the | ||||||
3 | Juvenile Court Act
of 1987 who have committed a violation | ||||||
4 | of Section 11-501 of this Code, or
similar provision of a | ||||||
5 | local ordinance, or Section 9-3 of the Criminal Code
of | ||||||
6 | 1961 or the Criminal Code of 2012, relating to the offense | ||||||
7 | of reckless homicide, or Section 5-7 of the Snowmobile | ||||||
8 | Registration and Safety Act or Section 5-16 of the Boat | ||||||
9 | Registration and Safety Act, relating to the offense of | ||||||
10 | operating a snowmobile or a watercraft while under the | ||||||
11 | influence of alcohol, other drug or drugs, intoxicating | ||||||
12 | compound or compounds, or combination thereof.
These | ||||||
13 | reporting requirements also apply to individuals | ||||||
14 | adjudicated under the Juvenile Court Act of 1987 based on | ||||||
15 | any offense determined to have been committed in | ||||||
16 | furtherance of the criminal activities of an organized | ||||||
17 | gang, as provided in Section 5-710 of that Act, if those | ||||||
18 | activities involved the operation or use of a motor | ||||||
19 | vehicle. It shall be the duty of the clerk of the court in | ||||||
20 | which
adjudication is had within 5 days thereafter to | ||||||
21 | forward to the Secretary of
State a report of the | ||||||
22 | adjudication and the court order requiring the Secretary
of | ||||||
23 | State to suspend the minor's driver's license and driving | ||||||
24 | privilege for such
time as determined by the court, but | ||||||
25 | only until he or she attains the age of 18
years. All | ||||||
26 | juvenile court dispositions reported to the Secretary of |
| |||||||
| |||||||
1 | State
under this provision shall be processed by the | ||||||
2 | Secretary of State as if the
cases had been adjudicated in | ||||||
3 | traffic or criminal court. However, information
reported | ||||||
4 | relative to the offense of reckless homicide, or Section | ||||||
5 | 11-501 of
this Code, or a similar provision of a local | ||||||
6 | ordinance, shall be privileged
and available only to the | ||||||
7 | Secretary of State, courts, and police officers.
| ||||||
8 | The reporting requirements of this subsection (a) | ||||||
9 | apply to all violations listed in paragraphs (1) and (2) of | ||||||
10 | this subsection (a), excluding parking violations, when | ||||||
11 | the driver holds a CLP or CDL, regardless of the type of | ||||||
12 | vehicle in which the violation occurred, or when any driver | ||||||
13 | committed the violation in a commercial motor vehicle as | ||||||
14 | defined in Section 6-500 of this Code.
| ||||||
15 | (3) Whenever an order is entered vacating the | ||||||
16 | conditions of pretrial release forfeiture of any
bail,
| ||||||
17 | security or bond given to secure appearance for any offense | ||||||
18 | under this
Code or similar offenses under municipal | ||||||
19 | ordinance, it shall be the duty
of the clerk of the court | ||||||
20 | in which such vacation was had or the judge of
such court | ||||||
21 | if such court has no clerk, within 5 days thereafter to
| ||||||
22 | forward to the Secretary of State a report of the vacation.
| ||||||
23 | (4) A report of any disposition of court supervision | ||||||
24 | for a
violation of
Sections 6-303, 11-401, 11-501 or a | ||||||
25 | similar provision of a local ordinance,
11-503, 11-504, and | ||||||
26 | 11-506 of this Code, Section 5-7 of the Snowmobile |
| |||||||
| |||||||
1 | Registration and Safety Act, and Section 5-16 of the Boat | ||||||
2 | Registration and Safety Act shall be forwarded to the | ||||||
3 | Secretary of State.
A report of any disposition of court | ||||||
4 | supervision for a violation of an offense
defined as a | ||||||
5 | serious traffic violation in this Code or a similar | ||||||
6 | provision of a
local ordinance committed by a person under | ||||||
7 | the age of 21 years shall be
forwarded to the Secretary of | ||||||
8 | State.
| ||||||
9 | (5) Reports of conviction
under this Code
and | ||||||
10 | sentencing hearings under the
Juvenile Court
Act of 1987 in | ||||||
11 | an electronic format
or a computer processible medium
shall
| ||||||
12 | be
forwarded to the Secretary of State via the Supreme | ||||||
13 | Court in the form and
format required by the Illinois | ||||||
14 | Supreme Court and established by a written
agreement | ||||||
15 | between the Supreme Court and the Secretary of State.
In | ||||||
16 | counties with a population over 300,000, instead of | ||||||
17 | forwarding reports to
the Supreme Court, reports of | ||||||
18 | conviction
under this Code
and sentencing hearings under | ||||||
19 | the
Juvenile Court Act of 1987 in an electronic format
or a | ||||||
20 | computer processible medium
may
be forwarded to the | ||||||
21 | Secretary of State by the Circuit Court Clerk in a form and
| ||||||
22 | format required by the Secretary of State and established | ||||||
23 | by written agreement
between the Circuit Court Clerk and | ||||||
24 | the Secretary of State. Failure to
forward the reports of | ||||||
25 | conviction or sentencing hearing under the Juvenile
Court | ||||||
26 | Act of 1987 as required by this Section shall be
deemed an |
| |||||||
| |||||||
1 | omission of duty and it shall be the duty of the several | ||||||
2 | State's
Attorneys to enforce the requirements of this | ||||||
3 | Section.
| ||||||
4 | (b) Whenever a restricted driving permit is forwarded to a | ||||||
5 | court, as a
result of confiscation by a police officer pursuant | ||||||
6 | to the authority in
Section 6-113(f), it shall be the duty of | ||||||
7 | the clerk, or judge, if the court
has no clerk, to forward such | ||||||
8 | restricted driving permit and a facsimile of
the officer's | ||||||
9 | citation to the Secretary of State as expeditiously as
| ||||||
10 | practicable.
| ||||||
11 | (c) For the purposes of this Code, a violation of the | ||||||
12 | conditions of pretrial release forfeiture of bail or collateral
| ||||||
13 | deposited to secure a defendant's appearance in court when the | ||||||
14 | conditions of pretrial release have forfeiture
has not been | ||||||
15 | vacated, or the failure of a defendant to appear for trial
| ||||||
16 | after depositing his driver's license in lieu of other bail, | ||||||
17 | shall be
equivalent to a conviction.
| ||||||
18 | (d) For the purpose of providing the Secretary of State | ||||||
19 | with records
necessary to properly monitor and assess driver | ||||||
20 | performance and assist the
courts in the proper disposition of | ||||||
21 | repeat traffic law offenders, the clerk
of the court shall | ||||||
22 | forward to the Secretary of State,
on a form prescribed
by the | ||||||
23 | Secretary, records of a driver's participation in a driver | ||||||
24 | remedial
or rehabilitative program which was required, through | ||||||
25 | a court order or court
supervision, in relation to the driver's | ||||||
26 | arrest for a violation of Section
11-501 of this Code or a |
| |||||||
| |||||||
1 | similar provision of a local ordinance.
The clerk of the court | ||||||
2 | shall also forward to the Secretary, either on
paper or in an | ||||||
3 | electronic format or a computer processible medium as required
| ||||||
4 | under paragraph (5) of subsection (a) of this Section, any | ||||||
5 | disposition
of court supervision for any traffic violation,
| ||||||
6 | excluding those offenses listed in paragraph (2)
of subsection | ||||||
7 | (a) of this Section.
These reports
shall be sent within 5
days | ||||||
8 | after disposition, or, if
the driver is
referred to a driver
| ||||||
9 | remedial or rehabilitative program, within 5 days of the | ||||||
10 | driver's referral
to that program.
These reports received by | ||||||
11 | the Secretary of State, including those required to
be | ||||||
12 | forwarded under paragraph (a)(4), shall be privileged | ||||||
13 | information, available
only (i) to the affected driver, (ii) to | ||||||
14 | the parent or guardian of a person under the age of 18 years | ||||||
15 | holding an instruction permit or a graduated driver's license, | ||||||
16 | and (iii) for use by the courts, police
officers, prosecuting | ||||||
17 | authorities, the Secretary of State, and the driver licensing | ||||||
18 | administrator of any other state. In accordance with 49 C.F.R. | ||||||
19 | Part 384, all reports of court supervision, except violations | ||||||
20 | related to parking, shall be forwarded to the Secretary of | ||||||
21 | State for all holders of a CLP or CDL or any driver who commits | ||||||
22 | an offense while driving a commercial motor vehicle. These | ||||||
23 | reports shall be recorded to the driver's record as a | ||||||
24 | conviction for use in the disqualification of the driver's | ||||||
25 | commercial motor vehicle privileges and shall not be privileged | ||||||
26 | information.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20 .)
| ||||||
2 | (625 ILCS 5/6-206)
| ||||||
3 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
4 | license or
permit; right to a hearing.
| ||||||
5 | (a) The Secretary of State is authorized to suspend or | ||||||
6 | revoke the
driving privileges of any person without preliminary | ||||||
7 | hearing upon a showing
of the person's records or other | ||||||
8 | sufficient evidence that
the person:
| ||||||
9 | 1. Has committed an offense for which mandatory | ||||||
10 | revocation of
a driver's license or permit is required upon | ||||||
11 | conviction;
| ||||||
12 | 2. Has been convicted of not less than 3 offenses | ||||||
13 | against traffic
regulations governing the movement of | ||||||
14 | vehicles committed within any 12-month 12
month period. No | ||||||
15 | revocation or suspension shall be entered more than
6 | ||||||
16 | months after the date of last conviction;
| ||||||
17 | 3. Has been repeatedly involved as a driver in motor | ||||||
18 | vehicle
collisions or has been repeatedly convicted of | ||||||
19 | offenses against laws and
ordinances regulating the | ||||||
20 | movement of traffic, to a degree that
indicates lack of | ||||||
21 | ability to exercise ordinary and reasonable care in
the | ||||||
22 | safe operation of a motor vehicle or disrespect for the | ||||||
23 | traffic laws
and the safety of other persons upon the | ||||||
24 | highway;
| ||||||
25 | 4. Has by the unlawful operation of a motor vehicle |
| |||||||
| |||||||
1 | caused or
contributed to an accident resulting in injury | ||||||
2 | requiring
immediate professional treatment in a medical | ||||||
3 | facility or doctor's office
to any person, except that any | ||||||
4 | suspension or revocation imposed by the
Secretary of State | ||||||
5 | under the provisions of this subsection shall start no
| ||||||
6 | later than 6 months after being convicted of violating a | ||||||
7 | law or
ordinance regulating the movement of traffic, which | ||||||
8 | violation is related
to the accident, or shall start not | ||||||
9 | more than one year
after
the date of the accident, | ||||||
10 | whichever date occurs later;
| ||||||
11 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
12 | driver's
license, identification card, or permit;
| ||||||
13 | 6. Has been lawfully convicted of an offense or | ||||||
14 | offenses in another
state, including the authorization | ||||||
15 | contained in Section 6-203.1, which
if committed within | ||||||
16 | this State would be grounds for suspension or revocation;
| ||||||
17 | 7. Has refused or failed to submit to an examination | ||||||
18 | provided for by
Section 6-207 or has failed to pass the | ||||||
19 | examination;
| ||||||
20 | 8. Is ineligible for a driver's license or permit under | ||||||
21 | the provisions
of Section 6-103;
| ||||||
22 | 9. Has made a false statement or knowingly concealed a | ||||||
23 | material fact
or has used false information or | ||||||
24 | identification in any application for a
license, | ||||||
25 | identification card, or permit;
| ||||||
26 | 10. Has possessed, displayed, or attempted to |
| |||||||
| |||||||
1 | fraudulently use any
license, identification card, or | ||||||
2 | permit not issued to the person;
| ||||||
3 | 11. Has operated a motor vehicle upon a highway of this | ||||||
4 | State when
the person's driving privilege or privilege to | ||||||
5 | obtain a driver's license
or permit was revoked or | ||||||
6 | suspended unless the operation was authorized by
a | ||||||
7 | monitoring device driving permit, judicial driving permit | ||||||
8 | issued prior to January 1, 2009, probationary license to | ||||||
9 | drive, or a restricted
driving permit issued under this | ||||||
10 | Code;
| ||||||
11 | 12. Has submitted to any portion of the application | ||||||
12 | process for
another person or has obtained the services of | ||||||
13 | another person to submit to
any portion of the application | ||||||
14 | process for the purpose of obtaining a
license, | ||||||
15 | identification card, or permit for some other person;
| ||||||
16 | 13. Has operated a motor vehicle upon a highway of this | ||||||
17 | State when
the person's driver's license or permit was | ||||||
18 | invalid under the provisions of
Sections 6-107.1 and
6-110;
| ||||||
19 | 14. Has committed a violation of Section 6-301, | ||||||
20 | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or | ||||||
21 | 14B of the Illinois Identification Card
Act;
| ||||||
22 | 15. Has been convicted of violating Section 21-2 of the | ||||||
23 | Criminal Code
of 1961 or the Criminal Code of 2012 relating | ||||||
24 | to criminal trespass to vehicles if the person exercised | ||||||
25 | actual physical control over the vehicle during the | ||||||
26 | commission of the offense, in which case the suspension
|
| |||||||
| |||||||
1 | shall be for one year;
| ||||||
2 | 16. Has been convicted of violating Section 11-204 of | ||||||
3 | this Code relating
to fleeing from a peace officer;
| ||||||
4 | 17. Has refused to submit to a test, or tests, as | ||||||
5 | required under Section
11-501.1 of this Code and the person | ||||||
6 | has not sought a hearing as
provided for in Section | ||||||
7 | 11-501.1;
| ||||||
8 | 18. (Blank);
| ||||||
9 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
10 | of Section 6-101
relating to driving without a driver's | ||||||
11 | license;
| ||||||
12 | 20. Has been convicted of violating Section 6-104 | ||||||
13 | relating to
classification of driver's license;
| ||||||
14 | 21. Has been convicted of violating Section 11-402 of
| ||||||
15 | this Code relating to leaving the scene of an accident | ||||||
16 | resulting in damage
to a vehicle in excess of $1,000, in | ||||||
17 | which case the suspension shall be
for one year;
| ||||||
18 | 22. Has used a motor vehicle in violating paragraph | ||||||
19 | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of | ||||||
20 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
21 | relating
to unlawful use of weapons, in which case the | ||||||
22 | suspension shall be for one
year;
| ||||||
23 | 23. Has, as a driver, been convicted of committing a | ||||||
24 | violation of
paragraph (a) of Section 11-502 of this Code | ||||||
25 | for a second or subsequent
time within one year of a | ||||||
26 | similar violation;
|
| |||||||
| |||||||
1 | 24. Has been convicted by a court-martial or punished | ||||||
2 | by non-judicial
punishment by military authorities of the | ||||||
3 | United States at a military
installation in Illinois or in | ||||||
4 | another state of or for a traffic-related traffic related | ||||||
5 | offense that is the
same as or similar to an offense | ||||||
6 | specified under Section 6-205 or 6-206 of
this Code;
| ||||||
7 | 25. Has permitted any form of identification to be used | ||||||
8 | by another in
the application process in order to obtain or | ||||||
9 | attempt to obtain a license,
identification card, or | ||||||
10 | permit;
| ||||||
11 | 26. Has altered or attempted to alter a license or has | ||||||
12 | possessed an
altered license, identification card, or | ||||||
13 | permit;
| ||||||
14 | 27. (Blank);
| ||||||
15 | 28. Has been convicted for a first time of the illegal | ||||||
16 | possession, while operating or
in actual physical control, | ||||||
17 | as a driver, of a motor vehicle, of any
controlled | ||||||
18 | substance prohibited under the Illinois Controlled | ||||||
19 | Substances
Act, any cannabis prohibited under the Cannabis | ||||||
20 | Control
Act, or any methamphetamine prohibited under the | ||||||
21 | Methamphetamine Control and Community Protection Act, in | ||||||
22 | which case the person's driving privileges shall be | ||||||
23 | suspended for
one year.
Any defendant found guilty of this | ||||||
24 | offense while operating a motor vehicle ,
shall have an | ||||||
25 | entry made in the court record by the presiding judge that
| ||||||
26 | this offense did occur while the defendant was operating a |
| |||||||
| |||||||
1 | motor vehicle
and order the clerk of the court to report | ||||||
2 | the violation to the Secretary
of State;
| ||||||
3 | 29. Has been convicted of the following offenses that | ||||||
4 | were committed
while the person was operating or in actual | ||||||
5 | physical control, as a driver,
of a motor vehicle: criminal | ||||||
6 | sexual assault,
predatory criminal sexual assault of a | ||||||
7 | child,
aggravated criminal sexual
assault, criminal sexual | ||||||
8 | abuse, aggravated criminal sexual abuse, juvenile
pimping, | ||||||
9 | soliciting for a juvenile prostitute, promoting juvenile | ||||||
10 | prostitution as described in subdivision (a)(1), (a)(2), | ||||||
11 | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 | ||||||
12 | or the Criminal Code of 2012, and the manufacture, sale or
| ||||||
13 | delivery of controlled substances or instruments used for | ||||||
14 | illegal drug use
or abuse in which case the driver's | ||||||
15 | driving privileges shall be suspended
for one year;
| ||||||
16 | 30. Has been convicted a second or subsequent time for | ||||||
17 | any
combination of the offenses named in paragraph 29 of | ||||||
18 | this subsection,
in which case the person's driving | ||||||
19 | privileges shall be suspended for 5
years;
| ||||||
20 | 31. Has refused to submit to a test as
required by | ||||||
21 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
22 | Registration and Safety Act or has submitted to a test | ||||||
23 | resulting in
an alcohol concentration of 0.08 or more or | ||||||
24 | any amount of a drug, substance, or
compound resulting from | ||||||
25 | the unlawful use or consumption of cannabis as listed
in | ||||||
26 | the Cannabis Control Act, a controlled substance as listed |
| |||||||
| |||||||
1 | in the Illinois
Controlled Substances Act, an intoxicating | ||||||
2 | compound as listed in the Use of
Intoxicating Compounds | ||||||
3 | Act, or methamphetamine as listed in the Methamphetamine | ||||||
4 | Control and Community Protection Act, in which case the | ||||||
5 | penalty shall be
as prescribed in Section 6-208.1;
| ||||||
6 | 32. Has been convicted of Section 24-1.2 of the | ||||||
7 | Criminal Code of
1961 or the Criminal Code of 2012 relating | ||||||
8 | to the aggravated discharge of a firearm if the offender | ||||||
9 | was
located in a motor vehicle at the time the firearm was | ||||||
10 | discharged, in which
case the suspension shall be for 3 | ||||||
11 | years;
| ||||||
12 | 33. Has as a driver, who was less than 21 years of age | ||||||
13 | on the date of
the offense, been convicted a first time of | ||||||
14 | a violation of paragraph (a) of
Section 11-502 of this Code | ||||||
15 | or a similar provision of a local ordinance;
| ||||||
16 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
17 | this Code or a similar provision of a local ordinance;
| ||||||
18 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
19 | this Code or a similar provision of a local ordinance;
| ||||||
20 | 36. Is under the age of 21 years at the time of arrest | ||||||
21 | and has been
convicted of not less than 2 offenses against | ||||||
22 | traffic regulations governing
the movement of vehicles | ||||||
23 | committed within any 24-month 24 month period. No | ||||||
24 | revocation
or suspension shall be entered more than 6 | ||||||
25 | months after the date of last
conviction;
| ||||||
26 | 37. Has committed a violation of subsection (c) of |
| |||||||
| |||||||
1 | Section 11-907 of this
Code that resulted in damage to the | ||||||
2 | property of another or the death or injury of another;
| ||||||
3 | 38. Has been convicted of a violation of Section 6-20 | ||||||
4 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
5 | a local ordinance and the person was an occupant of a motor | ||||||
6 | vehicle at the time of the violation;
| ||||||
7 | 39. Has committed a second or subsequent violation of | ||||||
8 | Section
11-1201 of this Code;
| ||||||
9 | 40. Has committed a violation of subsection (a-1) of | ||||||
10 | Section 11-908 of
this Code; | ||||||
11 | 41. Has committed a second or subsequent violation of | ||||||
12 | Section 11-605.1 of this Code, a similar provision of a | ||||||
13 | local ordinance, or a similar violation in any other state | ||||||
14 | within 2 years of the date of the previous violation, in | ||||||
15 | which case the suspension shall be for 90 days; | ||||||
16 | 42. Has committed a violation of subsection (a-1) of | ||||||
17 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
18 | local ordinance;
| ||||||
19 | 43. Has received a disposition of court supervision for | ||||||
20 | a violation of subsection (a), (d), or (e) of Section 6-20 | ||||||
21 | of the Liquor
Control Act of 1934 or a similar provision of | ||||||
22 | a local ordinance and the person was an occupant of a motor | ||||||
23 | vehicle at the time of the violation, in which case the | ||||||
24 | suspension shall be for a period of 3 months;
| ||||||
25 | 44.
Is under the age of 21 years at the time of arrest | ||||||
26 | and has been convicted of an offense against traffic |
| |||||||
| |||||||
1 | regulations governing the movement of vehicles after | ||||||
2 | having previously had his or her driving privileges
| ||||||
3 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
4 | Section; | ||||||
5 | 45.
Has, in connection with or during the course of a | ||||||
6 | formal hearing conducted under Section 2-118 of this Code: | ||||||
7 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
8 | falsified documents; (iii) submitted documents that have | ||||||
9 | been materially altered; or (iv) submitted, as his or her | ||||||
10 | own, documents that were in fact prepared or composed for | ||||||
11 | another person; | ||||||
12 | 46. Has committed a violation of subsection (j) of | ||||||
13 | Section 3-413 of this Code;
| ||||||
14 | 47. Has committed a violation of subsection (a) of | ||||||
15 | Section 11-502.1 of this Code; | ||||||
16 | 48. Has submitted a falsified or altered medical | ||||||
17 | examiner's certificate to the Secretary of State or | ||||||
18 | provided false information to obtain a medical examiner's | ||||||
19 | certificate; or | ||||||
20 | 49. Has committed a violation of subsection (b-5) of | ||||||
21 | Section 12-610.2 that resulted in great bodily harm, | ||||||
22 | permanent disability, or disfigurement, in which case the | ||||||
23 | driving privileges shall be suspended for 12 months ; or . | ||||||
24 | 50. 49. Has been convicted of a violation of Section | ||||||
25 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
26 | another, in which case the person's driving privileges |
| |||||||
| |||||||
1 | shall be suspended for 12 months. | ||||||
2 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
3 | and 27 of this
subsection, license means any driver's license, | ||||||
4 | any traffic ticket issued when
the person's driver's license is | ||||||
5 | deposited in lieu of bail, a suspension
notice issued by the | ||||||
6 | Secretary of State, a duplicate or corrected driver's
license, | ||||||
7 | a probationary driver's license , or a temporary driver's | ||||||
8 | license. | ||||||
9 | (b) If any conviction forming the basis of a suspension or
| ||||||
10 | revocation authorized under this Section is appealed, the
| ||||||
11 | Secretary of State may rescind or withhold the entry of the | ||||||
12 | order of suspension
or revocation, as the case may be, provided | ||||||
13 | that a certified copy of a stay
order of a court is filed with | ||||||
14 | the Secretary of State. If the conviction is
affirmed on | ||||||
15 | appeal, the date of the conviction shall relate back to the | ||||||
16 | time
the original judgment of conviction was entered and the | ||||||
17 | 6-month 6 month limitation
prescribed shall not apply.
| ||||||
18 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
19 | permit of
any person as authorized in this Section, the | ||||||
20 | Secretary of State shall
immediately notify the person in | ||||||
21 | writing of the revocation or suspension.
The notice to be | ||||||
22 | deposited in the United States mail, postage prepaid,
to the | ||||||
23 | last known address of the person.
| ||||||
24 | 2. If the Secretary of State suspends the driver's license
| ||||||
25 | of a person under subsection 2 of paragraph (a) of this | ||||||
26 | Section, a
person's privilege to operate a vehicle as an |
| |||||||
| |||||||
1 | occupation shall not be
suspended, provided an affidavit is | ||||||
2 | properly completed, the appropriate fee
received, and a permit | ||||||
3 | issued prior to the effective date of the
suspension, unless 5 | ||||||
4 | offenses were committed, at least 2 of which occurred
while | ||||||
5 | operating a commercial vehicle in connection with the driver's
| ||||||
6 | regular occupation. All other driving privileges shall be | ||||||
7 | suspended by the
Secretary of State. Any driver prior to | ||||||
8 | operating a vehicle for
occupational purposes only must submit | ||||||
9 | the affidavit on forms to be
provided by the Secretary of State | ||||||
10 | setting forth the facts of the person's
occupation. The | ||||||
11 | affidavit shall also state the number of offenses
committed | ||||||
12 | while operating a vehicle in connection with the driver's | ||||||
13 | regular
occupation. The affidavit shall be accompanied by the | ||||||
14 | driver's license.
Upon receipt of a properly completed | ||||||
15 | affidavit, the Secretary of State
shall issue the driver a | ||||||
16 | permit to operate a vehicle in connection with the
driver's | ||||||
17 | regular occupation only. Unless the permit is issued by the
| ||||||
18 | Secretary of State prior to the date of suspension, the | ||||||
19 | privilege to drive
any motor vehicle shall be suspended as set | ||||||
20 | forth in the notice that was
mailed under this Section. If an | ||||||
21 | affidavit is received subsequent to the
effective date of this | ||||||
22 | suspension, a permit may be issued for the remainder
of the | ||||||
23 | suspension period.
| ||||||
24 | The provisions of this subparagraph shall not apply to any | ||||||
25 | driver
required to possess a CDL for the purpose of operating a | ||||||
26 | commercial motor vehicle.
|
| |||||||
| |||||||
1 | Any person who falsely states any fact in the affidavit | ||||||
2 | required
herein shall be guilty of perjury under Section 6-302 | ||||||
3 | and upon conviction
thereof shall have all driving privileges | ||||||
4 | revoked without further rights.
| ||||||
5 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
6 | this Code,
the Secretary of State shall either rescind or | ||||||
7 | continue an order of
revocation or shall substitute an order of | ||||||
8 | suspension; or, good
cause appearing therefor, rescind, | ||||||
9 | continue, change, or extend the
order of suspension. If the | ||||||
10 | Secretary of State does not rescind the order,
the Secretary | ||||||
11 | may upon application,
to relieve undue hardship (as defined by | ||||||
12 | the rules of the Secretary of State), issue
a restricted | ||||||
13 | driving permit granting the privilege of driving a motor
| ||||||
14 | vehicle between the petitioner's residence and petitioner's | ||||||
15 | place of
employment or within the scope of the petitioner's | ||||||
16 | employment-related employment related duties, or to
allow the | ||||||
17 | petitioner to transport himself or herself, or a family member | ||||||
18 | of the
petitioner's household to a medical facility, to receive | ||||||
19 | necessary medical care, to allow the petitioner to transport | ||||||
20 | himself or herself to and from alcohol or drug
remedial or | ||||||
21 | rehabilitative activity recommended by a licensed service | ||||||
22 | provider, or to allow the petitioner to transport himself or | ||||||
23 | herself or a family member of the petitioner's household to | ||||||
24 | classes, as a student, at an accredited educational | ||||||
25 | institution, or to allow the petitioner to transport children, | ||||||
26 | elderly persons, or persons with disabilities who do not hold |
| |||||||
| |||||||
1 | driving privileges and are living in the petitioner's household | ||||||
2 | to and from daycare. The
petitioner must demonstrate that no | ||||||
3 | alternative means of
transportation is reasonably available | ||||||
4 | and that the petitioner will not endanger
the public safety or | ||||||
5 | welfare.
| ||||||
6 | (A) If a person's license or permit is revoked or | ||||||
7 | suspended due to 2
or more convictions of violating Section | ||||||
8 | 11-501 of this Code or a similar
provision of a local | ||||||
9 | ordinance or a similar out-of-state offense, or Section 9-3 | ||||||
10 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
11 | where the use of alcohol or other drugs is recited as an | ||||||
12 | element of the offense, or a similar out-of-state offense, | ||||||
13 | or a combination of these offenses, arising out
of separate | ||||||
14 | occurrences, that person, if issued a restricted driving | ||||||
15 | permit,
may not operate a vehicle unless it has been | ||||||
16 | equipped with an ignition
interlock device as defined in | ||||||
17 | Section 1-129.1.
| ||||||
18 | (B) If a person's license or permit is revoked or | ||||||
19 | suspended 2 or more
times due to any combination of: | ||||||
20 | (i) a single conviction of violating Section
| ||||||
21 | 11-501 of this Code or a similar provision of a local | ||||||
22 | ordinance or a similar
out-of-state offense or Section | ||||||
23 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
24 | of 2012, where the use of alcohol or other drugs is | ||||||
25 | recited as an element of the offense, or a similar | ||||||
26 | out-of-state offense; or |
| |||||||
| |||||||
1 | (ii) a statutory summary suspension or revocation | ||||||
2 | under Section
11-501.1; or | ||||||
3 | (iii) a suspension under Section 6-203.1; | ||||||
4 | arising out of
separate occurrences; that person, if issued | ||||||
5 | a restricted driving permit, may
not operate a vehicle | ||||||
6 | unless it has been
equipped with an ignition interlock | ||||||
7 | device as defined in Section 1-129.1. | ||||||
8 | (B-5) If a person's license or permit is revoked or | ||||||
9 | suspended due to a conviction for a violation of | ||||||
10 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
11 | of Section 11-501 of this Code, or a similar provision of a | ||||||
12 | local ordinance or similar out-of-state offense, that | ||||||
13 | person, if issued a restricted driving permit, may not | ||||||
14 | operate a vehicle unless it has been equipped with an | ||||||
15 | ignition interlock device as defined in Section 1-129.1. | ||||||
16 | (C)
The person issued a permit conditioned upon the use | ||||||
17 | of an ignition interlock device must pay to the Secretary | ||||||
18 | of State DUI Administration Fund an amount
not to exceed | ||||||
19 | $30 per month. The Secretary shall establish by rule the | ||||||
20 | amount
and the procedures, terms, and conditions relating | ||||||
21 | to these fees. | ||||||
22 | (D) If the
restricted driving permit is issued for | ||||||
23 | employment purposes, then the prohibition against | ||||||
24 | operating a motor vehicle that is not equipped with an | ||||||
25 | ignition interlock device does not apply to the operation | ||||||
26 | of an occupational vehicle owned or
leased by that person's |
| |||||||
| |||||||
1 | employer when used solely for employment purposes. For any | ||||||
2 | person who, within a 5-year period, is convicted of a | ||||||
3 | second or subsequent offense under Section 11-501 of this | ||||||
4 | Code, or a similar provision of a local ordinance or | ||||||
5 | similar out-of-state offense, this employment exemption | ||||||
6 | does not apply until either a one-year period has elapsed | ||||||
7 | during which that person had his or her driving privileges | ||||||
8 | revoked or a one-year period has elapsed during which that | ||||||
9 | person had a restricted driving permit which required the | ||||||
10 | use of an ignition interlock device on every motor vehicle | ||||||
11 | owned or operated by that person. | ||||||
12 | (E) In each case the Secretary may issue a
restricted | ||||||
13 | driving permit for a period deemed appropriate, except that | ||||||
14 | all
permits shall expire no later than 2 years from the | ||||||
15 | date of issuance. A
restricted driving permit issued under | ||||||
16 | this Section shall be subject to
cancellation, revocation, | ||||||
17 | and suspension by the Secretary of State in like
manner and | ||||||
18 | for like cause as a driver's license issued under this Code | ||||||
19 | may be
cancelled, revoked, or suspended; except that a | ||||||
20 | conviction upon one or more
offenses against laws or | ||||||
21 | ordinances regulating the movement of traffic
shall be | ||||||
22 | deemed sufficient cause for the revocation, suspension, or
| ||||||
23 | cancellation of a restricted driving permit. The Secretary | ||||||
24 | of State may, as
a condition to the issuance of a | ||||||
25 | restricted driving permit, require the
applicant to | ||||||
26 | participate in a designated driver remedial or |
| |||||||
| |||||||
1 | rehabilitative
program. The Secretary of State is | ||||||
2 | authorized to cancel a restricted
driving permit if the | ||||||
3 | permit holder does not successfully complete the program.
| ||||||
4 | (F) A person subject to the provisions of paragraph 4 | ||||||
5 | of subsection (b) of Section 6-208 of this Code may make | ||||||
6 | application for a restricted driving permit at a hearing | ||||||
7 | conducted under Section 2-118 of this Code after the | ||||||
8 | expiration of 5 years from the effective date of the most | ||||||
9 | recent revocation or after 5 years from the date of release | ||||||
10 | from a period of imprisonment resulting from a conviction | ||||||
11 | of the most recent offense, whichever is later, provided | ||||||
12 | the person, in addition to all other requirements of the | ||||||
13 | Secretary, shows by clear and convincing evidence: | ||||||
14 | (i) a minimum of 3 years of uninterrupted | ||||||
15 | abstinence from alcohol and the unlawful use or | ||||||
16 | consumption of cannabis under the Cannabis Control | ||||||
17 | Act, a controlled substance under the Illinois | ||||||
18 | Controlled Substances Act, an intoxicating compound | ||||||
19 | under the Use of Intoxicating Compounds Act, or | ||||||
20 | methamphetamine under the Methamphetamine Control and | ||||||
21 | Community Protection Act; and | ||||||
22 | (ii) the successful completion of any | ||||||
23 | rehabilitative treatment and involvement in any | ||||||
24 | ongoing rehabilitative activity that may be | ||||||
25 | recommended by a properly licensed service provider | ||||||
26 | according to an assessment of the person's alcohol or |
| |||||||
| |||||||
1 | drug use under Section 11-501.01 of this Code. | ||||||
2 | In determining whether an applicant is eligible for a | ||||||
3 | restricted driving permit under this subparagraph (F), the | ||||||
4 | Secretary may consider any relevant evidence, including, | ||||||
5 | but not limited to, testimony, affidavits, records, and the | ||||||
6 | results of regular alcohol or drug tests. Persons subject | ||||||
7 | to the provisions of paragraph 4 of subsection (b) of | ||||||
8 | Section 6-208 of this Code and who have been convicted of | ||||||
9 | more than one violation of paragraph (3), paragraph (4), or | ||||||
10 | paragraph (5) of subsection (a) of Section 11-501 of this | ||||||
11 | Code shall not be eligible to apply for a restricted | ||||||
12 | driving permit under this subparagraph (F). | ||||||
13 | A restricted driving permit issued under this | ||||||
14 | subparagraph (F) shall provide that the holder may only | ||||||
15 | operate motor vehicles equipped with an ignition interlock | ||||||
16 | device as required under paragraph (2) of subsection (c) of | ||||||
17 | Section 6-205 of this Code and subparagraph (A) of | ||||||
18 | paragraph 3 of subsection (c) of this Section. The | ||||||
19 | Secretary may revoke a restricted driving permit or amend | ||||||
20 | the conditions of a restricted driving permit issued under | ||||||
21 | this subparagraph (F) if the holder operates a vehicle that | ||||||
22 | is not equipped with an ignition interlock device, or for | ||||||
23 | any other reason authorized under this Code. | ||||||
24 | A restricted driving permit issued under this | ||||||
25 | subparagraph (F) shall be revoked, and the holder barred | ||||||
26 | from applying for or being issued a restricted driving |
| |||||||
| |||||||
1 | permit in the future, if the holder is convicted of a | ||||||
2 | violation of Section 11-501 of this Code, a similar | ||||||
3 | provision of a local ordinance, or a similar offense in | ||||||
4 | another state. | ||||||
5 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
6 | subsection (a), reports received by the Secretary of State | ||||||
7 | under this Section shall, except during the actual time the | ||||||
8 | suspension is in effect, be privileged information and for use | ||||||
9 | only by the courts, police officers, prosecuting authorities, | ||||||
10 | the driver licensing administrator of any other state, the | ||||||
11 | Secretary of State, or the parent or legal guardian of a driver | ||||||
12 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
13 | person is a CDL holder, the suspension shall also be made | ||||||
14 | available to the driver licensing administrator of any other | ||||||
15 | state, the U.S. Department of Transportation, and the affected | ||||||
16 | driver or motor
carrier or prospective motor carrier upon | ||||||
17 | request.
| ||||||
18 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
19 | subsection (a), the Secretary of State shall notify the person | ||||||
20 | by mail that his or her driving privileges and driver's license | ||||||
21 | will be suspended one month after the date of the mailing of | ||||||
22 | the notice.
| ||||||
23 | (c-5) The Secretary of State may, as a condition of the | ||||||
24 | reissuance of a
driver's license or permit to an applicant | ||||||
25 | whose driver's license or permit has
been suspended before he | ||||||
26 | or she reached the age of 21 years pursuant to any of
the |
| |||||||
| |||||||
1 | provisions of this Section, require the applicant to | ||||||
2 | participate in a
driver remedial education course and be | ||||||
3 | retested under Section 6-109 of this
Code.
| ||||||
4 | (d) This Section is subject to the provisions of the Driver | ||||||
5 | Drivers License
Compact.
| ||||||
6 | (e) The Secretary of State shall not issue a restricted | ||||||
7 | driving permit to
a person under the age of 16 years whose | ||||||
8 | driving privileges have been suspended
or revoked under any | ||||||
9 | provisions of this Code.
| ||||||
10 | (f) In accordance with 49 C.F.R. 384, the Secretary of | ||||||
11 | State may not issue a restricted driving permit for the | ||||||
12 | operation of a commercial motor vehicle to a person holding a | ||||||
13 | CDL whose driving privileges have been suspended, revoked, | ||||||
14 | cancelled, or disqualified under any provisions of this Code. | ||||||
15 | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; | ||||||
16 | 101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
| ||||||
17 | (625 ILCS 5/6-308) | ||||||
18 | Sec. 6-308. Procedures for traffic violations. | ||||||
19 | (a) Any person cited for violating this Code or a similar | ||||||
20 | provision of a local ordinance for which a violation is a petty | ||||||
21 | offense as defined by Section 5-1-17 of the Unified Code of | ||||||
22 | Corrections, excluding business offenses as defined by Section | ||||||
23 | 5-1-2 of the Unified Code of Corrections or a violation of | ||||||
24 | Section 15-111 or subsection (d) of Section 3-401 of this Code, | ||||||
25 | shall not be required to sign the citation or post bond to |
| |||||||
| |||||||
1 | secure bail for his or her release. All other provisions of | ||||||
2 | this Code or similar provisions of local ordinances shall be | ||||||
3 | governed by the pretrial release bail provisions of the | ||||||
4 | Illinois Supreme Court Rules when it is not practical or | ||||||
5 | feasible to take the person before a judge to have conditions | ||||||
6 | of pretrial release bail set or to avoid undue delay because of | ||||||
7 | the hour or circumstances. | ||||||
8 | (b) Whenever a person fails to appear in court, the court | ||||||
9 | may continue the case for a minimum of 30 days and the clerk of | ||||||
10 | the court shall send notice of the continued court date to the | ||||||
11 | person's last known address. If the person does not appear in | ||||||
12 | court on or before the continued court date or satisfy the | ||||||
13 | court that the person's appearance in and surrender to the | ||||||
14 | court is impossible for no fault of the person, the court shall | ||||||
15 | enter an order of failure to appear. The clerk of the court | ||||||
16 | shall notify the Secretary of State, on a report prescribed by | ||||||
17 | the Secretary, of the court's order. The Secretary, when | ||||||
18 | notified by the clerk of the court that an order of failure to | ||||||
19 | appear has been entered, shall immediately suspend the person's | ||||||
20 | driver's license, which shall be designated by the Secretary as | ||||||
21 | a Failure to Appear suspension. The Secretary shall not remove | ||||||
22 | the suspension, nor issue any permit or privileges to the | ||||||
23 | person whose license has been suspended, until notified by the | ||||||
24 | ordering court that the person has appeared and resolved the | ||||||
25 | violation. Upon compliance, the clerk of the court shall | ||||||
26 | present the person with a notice of compliance containing the |
| |||||||
| |||||||
1 | seal of the court, and shall notify the Secretary that the | ||||||
2 | person has appeared and resolved the violation. | ||||||
3 | (c) Illinois Supreme Court Rules shall govern pretrial | ||||||
4 | release bail and appearance procedures when a person who is a | ||||||
5 | resident of another state that is not a member of the | ||||||
6 | Nonresident Violator Compact of 1977 is cited for violating | ||||||
7 | this Code or a similar provision of a local ordinance.
| ||||||
8 | (Source: P.A. 100-674, eff. 1-1-19 .)
| ||||||
9 | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
| ||||||
10 | Sec. 6-500. Definitions of words and phrases. | ||||||
11 | Notwithstanding the
definitions set forth elsewhere in this
| ||||||
12 | Code, for purposes of the Uniform Commercial Driver's License | ||||||
13 | Act
(UCDLA), the words and phrases listed below have the | ||||||
14 | meanings
ascribed to them as follows:
| ||||||
15 | (1) Alcohol. "Alcohol" means any substance containing any | ||||||
16 | form of
alcohol, including but not limited to ethanol,
| ||||||
17 | methanol,
propanol, and
isopropanol.
| ||||||
18 | (2) Alcohol concentration. "Alcohol concentration" means:
| ||||||
19 | (A) the number of grams of alcohol per 210 liters of | ||||||
20 | breath;
or
| ||||||
21 | (B) the number of grams of alcohol per 100 milliliters | ||||||
22 | of
blood; or
| ||||||
23 | (C) the number of grams of alcohol per 67 milliliters | ||||||
24 | of
urine.
| ||||||
25 | Alcohol tests administered within 2 hours of the driver |
| |||||||
| |||||||
1 | being
"stopped or detained" shall be considered that driver's | ||||||
2 | "alcohol
concentration" for the purposes of enforcing this | ||||||
3 | UCDLA.
| ||||||
4 | (3) (Blank).
| ||||||
5 | (4) (Blank).
| ||||||
6 | (5) (Blank).
| ||||||
7 | (5.3) CDLIS driver record. "CDLIS driver record" means the | ||||||
8 | electronic record of the individual CDL driver's status and | ||||||
9 | history stored by the State-of-Record as part of the Commercial | ||||||
10 | Driver's License Information System, or CDLIS, established | ||||||
11 | under 49 U.S.C. 31309. | ||||||
12 | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle | ||||||
13 | record" or "CDLIS MVR" means a report generated from the CDLIS | ||||||
14 | driver record meeting the requirements for access to CDLIS | ||||||
15 | information and provided by states to users authorized in 49 | ||||||
16 | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the | ||||||
17 | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
18 | (5.7) Commercial driver's license downgrade. "Commercial | ||||||
19 | driver's license downgrade" or "CDL downgrade" means either: | ||||||
20 | (A) a state allows the driver to change his or her | ||||||
21 | self-certification to interstate, but operating | ||||||
22 | exclusively in transportation or operation excepted from | ||||||
23 | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), | ||||||
24 | 391.2, 391.68, or 398.3; | ||||||
25 | (B) a state allows the driver to change his or her | ||||||
26 | self-certification to intrastate only, if the driver |
| |||||||
| |||||||
1 | qualifies under that state's physical qualification | ||||||
2 | requirements for intrastate only; | ||||||
3 | (C) a state allows the driver to change his or her | ||||||
4 | certification to intrastate, but operating exclusively in | ||||||
5 | transportation or operations excepted from all or part of | ||||||
6 | the state driver qualification requirements; or | ||||||
7 | (D) a state removes the CDL privilege from the driver | ||||||
8 | license. | ||||||
9 | (6) Commercial Motor Vehicle.
| ||||||
10 | (A) "Commercial motor vehicle" or "CMV" means
a motor | ||||||
11 | vehicle or combination of motor vehicles used in commerce, | ||||||
12 | except those referred to in subdivision (B), designed
to | ||||||
13 | transport passengers or property if the motor vehicle:
| ||||||
14 | (i) has a gross combination weight rating or gross | ||||||
15 | combination weight of 11,794 kilograms or more (26,001 | ||||||
16 | pounds or more), whichever is greater, inclusive of any | ||||||
17 | towed unit with a gross vehicle weight rating or
gross | ||||||
18 | vehicle weight of more than 4,536 kilograms (10,000 | ||||||
19 | pounds), whichever is greater; or
| ||||||
20 | (i-5) has a gross vehicle weight rating or gross | ||||||
21 | vehicle weight of 11,794 or more kilograms (26,001 | ||||||
22 | pounds or more), whichever is greater; or | ||||||
23 | (ii) is designed to transport 16 or more
persons, | ||||||
24 | including the driver;
or
| ||||||
25 | (iii) is of any size and is used in transporting | ||||||
26 | hazardous materials as defined in 49 C.F.R. 383.5.
|
| |||||||
| |||||||
1 | (B) Pursuant to the interpretation of the Commercial | ||||||
2 | Motor
Vehicle
Safety Act of 1986 by the Federal Highway | ||||||
3 | Administration, the definition of
"commercial motor | ||||||
4 | vehicle" does not include:
| ||||||
5 | (i) recreational vehicles, when operated primarily | ||||||
6 | for personal use;
| ||||||
7 | (ii) vehicles owned by or operated under the | ||||||
8 | direction of the United States Department of Defense or | ||||||
9 | the United States Coast Guard only when operated by
| ||||||
10 | non-civilian personnel. This includes any operator on | ||||||
11 | active military
duty; members of the Reserves; | ||||||
12 | National Guard; personnel on part-time
training; and | ||||||
13 | National Guard military technicians (civilians who are
| ||||||
14 | required to wear military uniforms and are subject to | ||||||
15 | the Code of Military
Justice); or
| ||||||
16 | (iii) firefighting, police, and other emergency | ||||||
17 | equipment (including, without limitation, equipment | ||||||
18 | owned or operated by a HazMat or technical rescue team | ||||||
19 | authorized by a county board under Section 5-1127 of | ||||||
20 | the Counties Code), with audible and
visual signals, | ||||||
21 | owned or operated
by or for a
governmental entity, | ||||||
22 | which is necessary to the preservation of life or
| ||||||
23 | property or the execution of emergency governmental | ||||||
24 | functions which are
normally not subject to general | ||||||
25 | traffic rules and regulations.
| ||||||
26 | (7) Controlled Substance. "Controlled substance" shall |
| |||||||
| |||||||
1 | have the same
meaning as defined in Section 102 of the Illinois | ||||||
2 | Controlled Substances Act,
and shall also include cannabis as | ||||||
3 | defined in Section 3 of the Cannabis Control
Act and | ||||||
4 | methamphetamine as defined in Section 10 of the Methamphetamine | ||||||
5 | Control and Community Protection Act.
| ||||||
6 | (8) Conviction. "Conviction" means an unvacated | ||||||
7 | adjudication of guilt
or a determination that a person has | ||||||
8 | violated or failed to comply with the
law in a court of | ||||||
9 | original jurisdiction or by an authorized administrative
| ||||||
10 | tribunal; an unvacated revocation of pretrial release or | ||||||
11 | forfeiture of bail or collateral deposited to secure
the | ||||||
12 | person's appearance in court; a plea of guilty or nolo | ||||||
13 | contendere accepted by the court; the payment of a fine or | ||||||
14 | court cost
regardless of whether the imposition of sentence is | ||||||
15 | deferred and ultimately
a judgment dismissing the underlying | ||||||
16 | charge is entered; or a violation of a
condition of pretrial | ||||||
17 | release without bail, regardless of whether or not the penalty
| ||||||
18 | is rebated, suspended or probated.
| ||||||
19 | (8.5) Day. "Day" means calendar day.
| ||||||
20 | (9) (Blank).
| ||||||
21 | (10) (Blank).
| ||||||
22 | (11) (Blank).
| ||||||
23 | (12) (Blank).
| ||||||
24 | (13) Driver. "Driver" means any person who drives, | ||||||
25 | operates, or is in
physical control of a commercial motor | ||||||
26 | vehicle, any person who is required to hold a
CDL, or any |
| |||||||
| |||||||
1 | person who is a holder of a CDL while operating a | ||||||
2 | non-commercial motor vehicle.
| ||||||
3 | (13.5) Driver applicant. "Driver applicant" means an | ||||||
4 | individual who applies to a state or other jurisdiction to | ||||||
5 | obtain, transfer, upgrade, or renew a CDL or to obtain or renew | ||||||
6 | a CLP.
| ||||||
7 | (13.8) Electronic device. "Electronic device" includes, | ||||||
8 | but is not limited to, a cellular telephone, personal digital | ||||||
9 | assistant, pager, computer, or any other device used to input, | ||||||
10 | write, send, receive, or read text. | ||||||
11 | (14) Employee. "Employee" means a person who is employed as | ||||||
12 | a
commercial
motor vehicle driver. A person who is | ||||||
13 | self-employed as a commercial motor
vehicle driver must comply | ||||||
14 | with the requirements of this UCDLA
pertaining to employees. An
| ||||||
15 | owner-operator on a long-term lease shall be considered an | ||||||
16 | employee.
| ||||||
17 | (15) Employer. "Employer" means a person (including the | ||||||
18 | United
States, a State or a local authority) who owns or leases | ||||||
19 | a commercial motor
vehicle or assigns employees to operate such | ||||||
20 | a vehicle. A person who is
self-employed as a commercial motor | ||||||
21 | vehicle driver must
comply with the requirements of this UCDLA.
| ||||||
22 | (15.1) Endorsement. "Endorsement" means an authorization | ||||||
23 | to an individual's CLP or CDL required to permit the individual | ||||||
24 | to operate certain types of commercial motor vehicles. | ||||||
25 | (15.2) Entry-level driver training. "Entry-level driver | ||||||
26 | training" means the training an entry-level driver receives |
| |||||||
| |||||||
1 | from an entity listed on the Federal Motor Carrier Safety | ||||||
2 | Administration's Training Provider Registry prior to: (i) | ||||||
3 | taking the CDL skills test required to receive the Class A or | ||||||
4 | Class B CDL for the first time; (ii) taking the CDL skills test | ||||||
5 | required to upgrade to a Class A or Class B CDL; or (iii) | ||||||
6 | taking the CDL skills test required to obtain a passenger or | ||||||
7 | school bus endorsement for the first time or the CDL knowledge | ||||||
8 | test required to obtain a hazardous materials endorsement for | ||||||
9 | the first time. | ||||||
10 | (15.3) Excepted interstate. "Excepted interstate" means a | ||||||
11 | person who operates or expects to operate in interstate | ||||||
12 | commerce, but engages exclusively in transportation or | ||||||
13 | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or | ||||||
14 | 398.3 from all or part of the qualification requirements of 49 | ||||||
15 | C.F.R. Part 391 and is not required to obtain a medical | ||||||
16 | examiner's certificate by 49 C.F.R. 391.45. | ||||||
17 | (15.5) Excepted intrastate. "Excepted intrastate" means a | ||||||
18 | person who operates in intrastate commerce but engages | ||||||
19 | exclusively in transportation or operations excepted from all | ||||||
20 | or parts of the state driver qualification requirements. | ||||||
21 | (16) (Blank).
| ||||||
22 | (16.5) Fatality. "Fatality" means the death of a person as | ||||||
23 | a result of a motor vehicle accident.
| ||||||
24 | (16.7) Foreign commercial driver. "Foreign commercial | ||||||
25 | driver" means a person licensed to operate a commercial motor | ||||||
26 | vehicle by an authority outside the United States, or a citizen |
| |||||||
| |||||||
1 | of a foreign country who operates a commercial motor vehicle in | ||||||
2 | the United States. | ||||||
3 | (17) Foreign jurisdiction. "Foreign jurisdiction" means a | ||||||
4 | sovereign
jurisdiction that does not fall within the definition | ||||||
5 | of "State".
| ||||||
6 | (18) (Blank).
| ||||||
7 | (19) (Blank).
| ||||||
8 | (20) Hazardous materials. "Hazardous material" means any | ||||||
9 | material that has been designated under 49 U.S.C.
5103 and is | ||||||
10 | required to be placarded under subpart F of 49 C.F.R. part 172 | ||||||
11 | or any quantity of a material listed as a select agent or toxin | ||||||
12 | in 42 C.F.R. part 73.
| ||||||
13 | (20.5) Imminent Hazard. "Imminent hazard" means the | ||||||
14 | existence of any condition of a vehicle, employee, or | ||||||
15 | commercial motor vehicle operations that substantially | ||||||
16 | increases the likelihood of serious injury or death if not | ||||||
17 | discontinued immediately; or a condition relating to hazardous | ||||||
18 | material that presents a substantial likelihood that death, | ||||||
19 | serious illness, severe personal injury, or a substantial | ||||||
20 | endangerment to health, property, or the environment may occur | ||||||
21 | before the reasonably foreseeable completion date of a formal | ||||||
22 | proceeding begun to lessen the risk of that death, illness, | ||||||
23 | injury or endangerment.
| ||||||
24 | (20.6) Issuance. "Issuance" means initial issuance, | ||||||
25 | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled | ||||||
26 | CLP or CDL. |
| |||||||
| |||||||
1 | (20.7) Issue. "Issue" means initial issuance, transfer, | ||||||
2 | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or | ||||||
3 | non-domiciled CDL. | ||||||
4 | (21) Long-term lease. "Long-term lease" means a lease of a | ||||||
5 | commercial
motor vehicle by the owner-lessor to a lessee, for a | ||||||
6 | period of more than 29
days.
| ||||||
7 | (21.01) Manual transmission. "Manual transmission" means a | ||||||
8 | transmission utilizing a driver-operated clutch that is | ||||||
9 | activated by a pedal or lever and a gear-shift mechanism | ||||||
10 | operated either by hand or foot including those known as a | ||||||
11 | stick shift, stick, straight drive, or standard transmission. | ||||||
12 | All other transmissions, whether semi-automatic or automatic, | ||||||
13 | shall be considered automatic for the purposes of the | ||||||
14 | standardized restriction code. | ||||||
15 | (21.1) Medical examiner. "Medical examiner" means an | ||||||
16 | individual certified by the Federal Motor Carrier Safety | ||||||
17 | Administration and listed on the National Registry of Certified | ||||||
18 | Medical Examiners in accordance with Federal Motor Carrier | ||||||
19 | Safety Regulations, 49 CFR 390.101 et seq. | ||||||
20 | (21.2) Medical examiner's certificate. "Medical examiner's | ||||||
21 | certificate" means either (1) prior to June 22, 2021, a | ||||||
22 | document prescribed or approved by the Secretary of State that | ||||||
23 | is issued by a medical examiner to a driver to medically | ||||||
24 | qualify him or her to drive; or (2) beginning June 22, 2021, an | ||||||
25 | electronic submission of results of an examination conducted by | ||||||
26 | a medical examiner listed on the National Registry of Certified |
| |||||||
| |||||||
1 | Medical Examiners to the Federal Motor Carrier Safety | ||||||
2 | Administration of a driver to medically qualify him or her to | ||||||
3 | drive. | ||||||
4 | (21.5) Medical variance. "Medical variance" means a driver | ||||||
5 | has received one of the following from the Federal Motor | ||||||
6 | Carrier Safety Administration which allows the driver to be | ||||||
7 | issued a medical certificate: (1) an exemption letter | ||||||
8 | permitting operation of a commercial motor vehicle pursuant to | ||||||
9 | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a | ||||||
10 | skill performance evaluation (SPE) certificate permitting | ||||||
11 | operation of a commercial motor vehicle pursuant to 49 C.F.R. | ||||||
12 | 391.49. | ||||||
13 | (21.7) Mobile telephone. "Mobile telephone" means a mobile | ||||||
14 | communication device that falls under or uses any commercial | ||||||
15 | mobile radio service, as defined in regulations of the Federal | ||||||
16 | Communications Commission, 47 CFR 20.3. It does not include | ||||||
17 | two-way or citizens band radio services. | ||||||
18 | (22) Motor Vehicle. "Motor vehicle" means every vehicle
| ||||||
19 | which is self-propelled, and every vehicle which is propelled | ||||||
20 | by electric
power obtained from over head trolley wires but not | ||||||
21 | operated upon rails,
except vehicles moved solely by human | ||||||
22 | power and motorized wheel chairs.
| ||||||
23 | (22.2) Motor vehicle record. "Motor vehicle record" means a | ||||||
24 | report of the driving status and history of a driver generated | ||||||
25 | from the driver record provided to users, such as drivers or | ||||||
26 | employers, and is subject to the provisions of the Driver |
| |||||||
| |||||||
1 | Privacy Protection Act, 18 U.S.C. 2721-2725. | ||||||
2 | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or | ||||||
3 | combination of motor vehicles not defined by the term | ||||||
4 | "commercial motor vehicle" or "CMV" in this Section.
| ||||||
5 | (22.7) Non-excepted interstate. "Non-excepted interstate" | ||||||
6 | means a person who operates or expects to operate in interstate | ||||||
7 | commerce, is subject to and meets the qualification | ||||||
8 | requirements under 49 C.F.R. Part 391, and is required to | ||||||
9 | obtain a medical examiner's certificate by 49 C.F.R. 391.45. | ||||||
10 | (22.8) Non-excepted intrastate. "Non-excepted intrastate" | ||||||
11 | means a person who operates only in intrastate commerce and is | ||||||
12 | subject to State driver qualification requirements. | ||||||
13 | (23) Non-domiciled CLP or Non-domiciled CDL. | ||||||
14 | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, | ||||||
15 | respectively, issued by a state or other jurisdiction under | ||||||
16 | either of the following two conditions: | ||||||
17 | (i) to an individual domiciled in a foreign country | ||||||
18 | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. | ||||||
19 | of the Federal Motor Carrier Safety Administration.
| ||||||
20 | (ii) to an individual domiciled in another state | ||||||
21 | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. | ||||||
22 | of the Federal Motor Carrier Safety Administration.
| ||||||
23 | (24) (Blank).
| ||||||
24 | (25) (Blank).
| ||||||
25 | (25.5) Railroad-Highway Grade Crossing Violation. | ||||||
26 | "Railroad-highway
grade
crossing violation" means a
violation, |
| |||||||
| |||||||
1 | while operating a commercial motor vehicle, of
any
of the | ||||||
2 | following:
| ||||||
3 | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
| ||||||
4 | (B) Any other similar
law or local ordinance of any | ||||||
5 | state relating to
railroad-highway grade crossing.
| ||||||
6 | (25.7) School Bus. "School bus" means a commercial motor | ||||||
7 | vehicle used to transport pre-primary, primary, or secondary | ||||||
8 | school students from home to school, from school to home, or to | ||||||
9 | and from school-sponsored events. "School bus" does not include | ||||||
10 | a bus used as a common carrier.
| ||||||
11 | (26) Serious Traffic Violation. "Serious traffic | ||||||
12 | violation"
means:
| ||||||
13 | (A) a conviction when operating a commercial motor | ||||||
14 | vehicle, or when operating a non-CMV while holding a CLP or | ||||||
15 | CDL,
of:
| ||||||
16 | (i) a violation relating to excessive speeding,
| ||||||
17 | involving a single speeding charge of 15 miles per hour | ||||||
18 | or more above the
legal speed limit; or
| ||||||
19 | (ii) a violation relating to reckless driving; or
| ||||||
20 | (iii) a violation of any State law or local | ||||||
21 | ordinance relating to motor
vehicle traffic control | ||||||
22 | (other than parking violations) arising in
connection | ||||||
23 | with a fatal traffic accident; or
| ||||||
24 | (iv) a violation of Section 6-501, relating to | ||||||
25 | having multiple driver's
licenses; or
| ||||||
26 | (v) a violation of paragraph (a) of Section 6-507, |
| |||||||
| |||||||
1 | relating to the
requirement to have a valid CLP or CDL; | ||||||
2 | or
| ||||||
3 | (vi) a violation relating to improper or erratic | ||||||
4 | traffic lane changes;
or
| ||||||
5 | (vii) a violation relating to following another | ||||||
6 | vehicle too closely; or
| ||||||
7 | (viii) a violation relating to texting while | ||||||
8 | driving; or | ||||||
9 | (ix) a violation relating to the use of a hand-held | ||||||
10 | mobile telephone while driving; or | ||||||
11 | (B) any other similar violation of a law or local
| ||||||
12 | ordinance of any state relating to motor vehicle traffic | ||||||
13 | control, other
than a parking violation, which the | ||||||
14 | Secretary of State determines by
administrative rule to be | ||||||
15 | serious.
| ||||||
16 | (27) State. "State" means a state of the United States, the | ||||||
17 | District of
Columbia and any province or territory of Canada.
| ||||||
18 | (28) (Blank).
| ||||||
19 | (29) (Blank).
| ||||||
20 | (30) (Blank).
| ||||||
21 | (31) (Blank).
| ||||||
22 | (32) Texting. "Texting" means manually entering | ||||||
23 | alphanumeric text into, or reading text from, an electronic | ||||||
24 | device. | ||||||
25 | (1) Texting includes, but is not limited to, short | ||||||
26 | message service, emailing, instant messaging, a command or |
| |||||||
| |||||||
1 | request to access a World Wide Web page, pressing more than | ||||||
2 | a single button to initiate or terminate a voice | ||||||
3 | communication using a mobile telephone, or engaging in any | ||||||
4 | other form of electronic text retrieval or entry for | ||||||
5 | present or future communication. | ||||||
6 | (2) Texting does not include: | ||||||
7 | (i) inputting, selecting, or reading information | ||||||
8 | on a global positioning system or navigation system; or | ||||||
9 | (ii) pressing a single button to initiate or | ||||||
10 | terminate a voice communication using a mobile | ||||||
11 | telephone; or | ||||||
12 | (iii) using a device capable of performing | ||||||
13 | multiple functions (for example, a fleet management | ||||||
14 | system, dispatching device, smart phone, citizens band | ||||||
15 | radio, or music player) for a purpose that is not | ||||||
16 | otherwise prohibited by Part 392 of the Federal Motor | ||||||
17 | Carrier Safety Regulations. | ||||||
18 | (32.3) Third party skills test examiner. "Third party | ||||||
19 | skills test examiner" means a person employed by a third party | ||||||
20 | tester who is authorized by the State to administer the CDL | ||||||
21 | skills tests specified in 49 C.F.R. Part 383, subparts G and H. | ||||||
22 | (32.5) Third party tester. "Third party tester" means a | ||||||
23 | person (including, but not limited to, another state, a motor | ||||||
24 | carrier, a private driver training facility or other private | ||||||
25 | institution, or a department, agency, or instrumentality of a | ||||||
26 | local government) authorized by the State to employ skills test |
| |||||||
| |||||||
1 | examiners to administer the CDL skills tests specified in 49 | ||||||
2 | C.F.R. Part 383, subparts G and H. | ||||||
3 | (32.7) United States. "United States" means the 50 states | ||||||
4 | and the District of Columbia. | ||||||
5 | (33) Use a hand-held mobile telephone. "Use a hand-held | ||||||
6 | mobile telephone" means: | ||||||
7 | (1) using at least one hand to hold a mobile telephone | ||||||
8 | to conduct a voice communication; | ||||||
9 | (2) dialing or answering a mobile telephone by pressing | ||||||
10 | more than a single button; or | ||||||
11 | (3) reaching for a mobile telephone in a manner that | ||||||
12 | requires a driver to maneuver so that he or she is no | ||||||
13 | longer in a seated driving position, restrained by a seat | ||||||
14 | belt that is installed in accordance with 49 CFR 393.93 and | ||||||
15 | adjusted in accordance with the vehicle manufacturer's | ||||||
16 | instructions. | ||||||
17 | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
| ||||||
18 | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
| ||||||
19 | Sec. 6-601. Penalties.
| ||||||
20 | (a) It is a petty offense for any person to violate any of | ||||||
21 | the
provisions of this Chapter unless such violation is by this | ||||||
22 | Code or other
law of this State declared to be a misdemeanor or | ||||||
23 | a felony.
| ||||||
24 | (b) General penalties. Unless another penalty is in this | ||||||
25 | Code
or other laws of this State, every person convicted of a |
| |||||||
| |||||||
1 | petty
offense for the violation of any provision of this | ||||||
2 | Chapter shall be
punished by a fine of not more than $500.
| ||||||
3 | (c) Unlicensed driving. Except as hereinafter provided a | ||||||
4 | violation
of Section 6-101 shall be:
| ||||||
5 | 1. A Class A misdemeanor if the person failed to obtain | ||||||
6 | a driver's
license or permit after expiration of a period | ||||||
7 | of revocation.
| ||||||
8 | 2. A Class B misdemeanor if the person has been issued | ||||||
9 | a driver's license
or permit, which has expired, and if the | ||||||
10 | period of expiration is greater than
one year; or if the | ||||||
11 | person has never been issued a driver's license or permit,
| ||||||
12 | or is not qualified to obtain a driver's license or permit | ||||||
13 | because of his age.
| ||||||
14 | 3. A petty offense if the person has been issued a | ||||||
15 | temporary visitor's driver's license or permit and is | ||||||
16 | unable to provide proof of liability insurance as provided | ||||||
17 | in subsection (d-5) of Section 6-105.1. | ||||||
18 | If a licensee under this Code is convicted of violating | ||||||
19 | Section 6-303 for
operating a motor vehicle during a time when | ||||||
20 | such licensee's driver's license
was suspended under the | ||||||
21 | provisions of Section 6-306.3 or 6-308, then such act shall be
| ||||||
22 | a petty offense (provided the licensee has answered the charge | ||||||
23 | which was the
basis of the suspension under Section 6-306.3 or | ||||||
24 | 6-308), and there shall be imposed no
additional like period of | ||||||
25 | suspension as provided in paragraph (b) of Section
6-303.
| ||||||
26 | (d) For violations of this Code or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance for which a violation is a petty offense as | ||||||
2 | defined by Section 5-1-17 of the Unified Code of Corrections, | ||||||
3 | excluding business offenses as defined by Section 5-1-2 of the | ||||||
4 | Unified Code of Corrections or a violation of Section 15-111 or | ||||||
5 | subsection (d) of Section 3-401 of this Code, if the violation | ||||||
6 | may be satisfied without a court appearance, the violator may, | ||||||
7 | pursuant to Supreme Court Rule, satisfy the case with a written | ||||||
8 | plea of guilty and payment of fines, penalties, and costs as | ||||||
9 | equal to the bail amount established by the Supreme Court for | ||||||
10 | the offense. | ||||||
11 | (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15; | ||||||
12 | 98-1134, eff. 1-1-15.)
| ||||||
13 | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
| ||||||
14 | Sec. 16-103. Arrest outside county where violation | ||||||
15 | committed.
| ||||||
16 | Whenever a defendant is arrested upon a warrant charging a | ||||||
17 | violation of
this Act in a county other than that in which such | ||||||
18 | warrant was issued, the
arresting officer, immediately upon the | ||||||
19 | request of the defendant, shall
take such defendant before a | ||||||
20 | circuit judge or associate circuit judge in
the county in which | ||||||
21 | the arrest was made who shall admit the defendant to
pretrial | ||||||
22 | release bail for his appearance before the court named in the | ||||||
23 | warrant. On setting the conditions of pretrial release taking
| ||||||
24 | such bail the circuit judge or associate circuit judge shall | ||||||
25 | certify such
fact on the warrant and deliver the warrant and |
| |||||||
| |||||||
1 | conditions of pretrial release undertaking of bail or
other | ||||||
2 | security , or the drivers license of such defendant if | ||||||
3 | deposited,
under the law relating to such licenses, in lieu of | ||||||
4 | such security, to the
officer having charge of the defendant. | ||||||
5 | Such officer shall then immediately
discharge the defendant | ||||||
6 | from arrest and without delay deliver such warrant
and such | ||||||
7 | acknowledgment by the defendant of his or her receiving the | ||||||
8 | conditions of pretrial release undertaking of bail, or other | ||||||
9 | security or drivers license to the
court before which the | ||||||
10 | defendant is required to appear.
| ||||||
11 | (Source: P.A. 77-1280.)
| ||||||
12 | Section 10-191. The Illinois Vehicle Code is amended by | ||||||
13 | changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8, | ||||||
14 | 11-208.9, and 11-1201.1 as follows:
| ||||||
15 | (625 ILCS 5/6-209.1) | ||||||
16 | Sec. 6-209.1. Restoration of driving privileges; | ||||||
17 | revocation; suspension; cancellation. | ||||||
18 | (a) The Secretary shall rescind the suspension or | ||||||
19 | cancellation of a person's driver's license that has been | ||||||
20 | suspended or canceled before July 1, 2020 ( the effective date | ||||||
21 | of Public Act 101-623) this amendatory Act of the 101st General | ||||||
22 | Assembly due to: | ||||||
23 | (1) the person being convicted of theft of motor fuel | ||||||
24 | under Section Sections 16-25 or 16K-15 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012; | ||||||
2 | (2) the person, since the issuance of the driver's | ||||||
3 | license, being adjudged to be afflicted with or suffering | ||||||
4 | from any mental disability or disease; | ||||||
5 | (3) a violation of Section 6-16 of the Liquor Control | ||||||
6 | Act of 1934 or a similar provision of a local ordinance; | ||||||
7 | (4) the person being convicted of a violation of | ||||||
8 | Section 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
9 | provision of a local ordinance, if the person presents a | ||||||
10 | certified copy of a court order that includes a finding | ||||||
11 | that the person was not an occupant of a motor vehicle at | ||||||
12 | the time of the violation; | ||||||
13 | (5) the person receiving a disposition of court | ||||||
14 | supervision for a violation of subsection subsections (a), | ||||||
15 | (d), or (e) of Section 6-20 of the Liquor Control Act of | ||||||
16 | 1934 or a similar provision of a local ordinance, if the | ||||||
17 | person presents a certified copy of a court order that | ||||||
18 | includes a finding that the person was not an occupant of a | ||||||
19 | motor vehicle at the time of the violation; | ||||||
20 | (6) the person failing to pay any fine or penalty due | ||||||
21 | or owing as a result of 10 or more violations of a | ||||||
22 | municipality's or county's vehicular standing, parking, or | ||||||
23 | compliance regulations established by ordinance under | ||||||
24 | Section 11-208.3 of this Code; | ||||||
25 | (7) the person failing to satisfy any fine or penalty | ||||||
26 | resulting from a final order issued by the Illinois State |
| |||||||
| |||||||
1 | Toll Highway Authority relating directly or indirectly to 5 | ||||||
2 | or more toll violations, toll evasions, or both; | ||||||
3 | (8) the person being convicted of a violation of | ||||||
4 | Section 4-102 of this Code, if the person presents a | ||||||
5 | certified copy of a court order that includes a finding | ||||||
6 | that the person did not exercise actual physical control of | ||||||
7 | the vehicle at the time of the violation; or | ||||||
8 | (9) the person being convicted of criminal trespass to | ||||||
9 | vehicles under Section 21-2 of the Criminal Code of 2012, | ||||||
10 | if the person presents a certified copy of a court order | ||||||
11 | that includes a finding that the person did not exercise | ||||||
12 | actual physical control of the vehicle at the time of the | ||||||
13 | violation.
| ||||||
14 | (b) As soon as practicable and no later than July 1, 2021, | ||||||
15 | the Secretary shall rescind the suspension, cancellation, or | ||||||
16 | prohibition of renewal of a person's driver's license that has | ||||||
17 | been suspended, canceled, or whose renewal has been prohibited | ||||||
18 | before the effective date of this amendatory Act of the 101st | ||||||
19 | General Assembly due to the person having failed to pay any | ||||||
20 | fine or penalty for traffic violations, automated traffic law | ||||||
21 | enforcement system violations as defined in Sections 11-208.6, | ||||||
22 | and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle | ||||||
23 | fees. | ||||||
24 | (Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
| ||||||
25 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
|
| |||||||
| |||||||
1 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
2 | of traffic
regulations concerning the standing, parking, or | ||||||
3 | condition of
vehicles, automated traffic law violations, and | ||||||
4 | automated speed enforcement system violations.
| ||||||
5 | (a) Any municipality or county may provide by ordinance for | ||||||
6 | a system of
administrative adjudication of vehicular standing | ||||||
7 | and parking violations and
vehicle compliance violations as | ||||||
8 | described in this subsection, automated traffic law violations | ||||||
9 | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | ||||||
10 | automated speed enforcement system violations as defined in | ||||||
11 | Section 11-208.8.
The administrative system shall have as its | ||||||
12 | purpose the fair and
efficient enforcement of municipal or | ||||||
13 | county regulations through the
administrative adjudication of | ||||||
14 | automated speed enforcement system or automated traffic law | ||||||
15 | violations and violations of municipal or county ordinances
| ||||||
16 | regulating the standing and parking of vehicles, the condition | ||||||
17 | and use of
vehicle equipment, and the display of municipal or | ||||||
18 | county wheel tax licenses within the
municipality's
or county's | ||||||
19 | borders. The administrative system shall only have authority to | ||||||
20 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
21 | or requiring the completion of a traffic education program, or | ||||||
22 | both, that occur after the
effective date of the ordinance | ||||||
23 | adopting such a system under this Section.
For purposes of this | ||||||
24 | Section, "compliance violation" means a violation of a
| ||||||
25 | municipal or county regulation governing the condition or use | ||||||
26 | of equipment on a vehicle
or governing the display of a |
| |||||||
| |||||||
1 | municipal or county wheel tax license.
| ||||||
2 | (b) Any ordinance establishing a system of administrative | ||||||
3 | adjudication
under this Section shall provide for:
| ||||||
4 | (1) A traffic compliance administrator authorized to
| ||||||
5 | adopt, distribute , and
process parking, compliance, and | ||||||
6 | automated speed enforcement system or automated traffic | ||||||
7 | law violation notices and other notices required
by this
| ||||||
8 | Section, collect money paid as fines and penalties for | ||||||
9 | violation of parking
and compliance
ordinances and | ||||||
10 | automated speed enforcement system or automated traffic | ||||||
11 | law violations, and operate an administrative adjudication | ||||||
12 | system. The traffic
compliance
administrator also may make | ||||||
13 | a certified report to the Secretary of State
under Section | ||||||
14 | 6-306.5.
| ||||||
15 | (2) A parking, standing, compliance, automated speed | ||||||
16 | enforcement system, or automated traffic law violation | ||||||
17 | notice
that
shall specify or include the date,
time, and | ||||||
18 | place of violation of a parking, standing,
compliance, | ||||||
19 | automated speed enforcement system, or automated traffic | ||||||
20 | law
regulation; the particular regulation
violated; any | ||||||
21 | requirement to complete a traffic education program; the | ||||||
22 | fine and any penalty that may be assessed for late payment | ||||||
23 | or failure to complete a required traffic education | ||||||
24 | program, or both,
when so provided by ordinance; the | ||||||
25 | vehicle make or a photograph of the vehicle; the state | ||||||
26 | registration
number of the vehicle; and the identification |
| |||||||
| |||||||
1 | number of the
person issuing the notice.
With regard to | ||||||
2 | automated speed enforcement system or automated traffic | ||||||
3 | law violations, vehicle make shall be specified on the | ||||||
4 | automated speed enforcement system or automated traffic | ||||||
5 | law violation notice if the notice does not include a | ||||||
6 | photograph of the vehicle and the make is available and | ||||||
7 | readily discernible. With regard to municipalities or | ||||||
8 | counties with a population of 1 million or more, it
shall | ||||||
9 | be grounds for
dismissal of a parking
violation if the | ||||||
10 | state registration number or vehicle make specified is
| ||||||
11 | incorrect. The violation notice shall state that the | ||||||
12 | completion of any required traffic education program, the | ||||||
13 | payment of any indicated
fine, and the payment of any | ||||||
14 | applicable penalty for late payment or failure to complete | ||||||
15 | a required traffic education program, or both, shall | ||||||
16 | operate as a
final disposition of the violation. The notice | ||||||
17 | also shall contain
information as to the availability of a | ||||||
18 | hearing in which the violation may
be contested on its | ||||||
19 | merits. The violation notice shall specify the
time and | ||||||
20 | manner in which a hearing may be had.
| ||||||
21 | (3) Service of a parking, standing, or compliance
| ||||||
22 | violation notice by: (i) affixing the
original or a | ||||||
23 | facsimile of the notice to an unlawfully parked or standing | ||||||
24 | vehicle; (ii)
handing the notice to the operator of a | ||||||
25 | vehicle if he or she is
present; or (iii) mailing the | ||||||
26 | notice to the address of the registered owner or lessee of |
| |||||||
| |||||||
1 | the cited vehicle as recorded with the Secretary of State | ||||||
2 | or the lessor of the motor vehicle within 30 days after the | ||||||
3 | Secretary of State or the lessor of the motor vehicle | ||||||
4 | notifies the municipality or county of the identity of the | ||||||
5 | owner or lessee of the vehicle, but not later than 90 days | ||||||
6 | after the date of the violation, except that in the case of | ||||||
7 | a lessee of a motor vehicle, service of a parking, | ||||||
8 | standing, or compliance violation notice may occur no later | ||||||
9 | than 210 days after the violation; and service of an | ||||||
10 | automated speed enforcement system or automated traffic | ||||||
11 | law violation notice by mail to the
address
of the | ||||||
12 | registered owner or lessee of the cited vehicle as recorded | ||||||
13 | with the Secretary of
State or the lessor of the motor | ||||||
14 | vehicle within 30 days after the Secretary of State or the | ||||||
15 | lessor of the motor vehicle notifies the municipality or | ||||||
16 | county of the identity of the owner or lessee of the | ||||||
17 | vehicle, but not later than 90 days after the violation, | ||||||
18 | except that in the case of a lessee of a motor vehicle, | ||||||
19 | service of an automated traffic law violation notice may | ||||||
20 | occur no later than 210 days after the violation. A person | ||||||
21 | authorized by ordinance to issue and serve parking,
| ||||||
22 | standing, and compliance
violation notices shall certify | ||||||
23 | as to the correctness of the facts entered
on the violation | ||||||
24 | notice by signing his or her name to the notice at
the time | ||||||
25 | of service or , in the case of a notice produced by a | ||||||
26 | computerized
device, by signing a single certificate to be |
| |||||||
| |||||||
1 | kept by the traffic
compliance
administrator attesting to | ||||||
2 | the correctness of all notices produced by the
device while | ||||||
3 | it was under his or her control. In the case of an | ||||||
4 | automated traffic law violation, the ordinance shall
| ||||||
5 | require
a
determination by a technician employed or | ||||||
6 | contracted by the municipality or county that,
based on | ||||||
7 | inspection of recorded images, the motor vehicle was being | ||||||
8 | operated in
violation of Section 11-208.6, 11-208.9, or | ||||||
9 | 11-1201.1 or a local ordinance.
If the technician | ||||||
10 | determines that the
vehicle entered the intersection as | ||||||
11 | part of a funeral procession or in order to
yield the | ||||||
12 | right-of-way to an emergency vehicle, a citation shall not | ||||||
13 | be issued. In municipalities with a population of less than | ||||||
14 | 1,000,000 inhabitants and counties with a population of | ||||||
15 | less than 3,000,000 inhabitants, the automated traffic law | ||||||
16 | ordinance shall require that all determinations by a | ||||||
17 | technician that a motor vehicle was being operated in
| ||||||
18 | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | ||||||
19 | local ordinance must be reviewed and approved by a law | ||||||
20 | enforcement officer or retired law enforcement officer of | ||||||
21 | the municipality or county issuing the violation. In | ||||||
22 | municipalities with a population of 1,000,000 or more | ||||||
23 | inhabitants and counties with a population of 3,000,000 or | ||||||
24 | more inhabitants, the automated traffic law ordinance | ||||||
25 | shall require that all determinations by a technician that | ||||||
26 | a motor vehicle was being operated in
violation of Section |
| |||||||
| |||||||
1 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | ||||||
2 | be reviewed and approved by a law enforcement officer or | ||||||
3 | retired law enforcement officer of the municipality or | ||||||
4 | county issuing the violation or by an additional fully | ||||||
5 | trained fully-trained reviewing technician who is not | ||||||
6 | employed by the contractor who employs the technician who | ||||||
7 | made the initial determination. In the case of an automated | ||||||
8 | speed enforcement system violation, the ordinance shall | ||||||
9 | require a determination by a technician employed by the | ||||||
10 | municipality, based upon an inspection of recorded images, | ||||||
11 | video or other documentation, including documentation of | ||||||
12 | the speed limit and automated speed enforcement signage, | ||||||
13 | and documentation of the inspection, calibration, and | ||||||
14 | certification of the speed equipment, that the vehicle was | ||||||
15 | being operated in violation of Article VI of Chapter 11 of | ||||||
16 | this Code or a similar local ordinance. If the technician | ||||||
17 | determines that the vehicle speed was not determined by a | ||||||
18 | calibrated, certified speed equipment device based upon | ||||||
19 | the speed equipment documentation, or if the vehicle was an | ||||||
20 | emergency vehicle, a citation may not be issued. The | ||||||
21 | automated speed enforcement ordinance shall require that | ||||||
22 | all determinations by a technician that a violation | ||||||
23 | occurred be reviewed and approved by a law enforcement | ||||||
24 | officer or retired law enforcement officer of the | ||||||
25 | municipality issuing the violation or by an additional | ||||||
26 | fully trained reviewing technician who is not employed by |
| |||||||
| |||||||
1 | the contractor who employs the technician who made the | ||||||
2 | initial determination. Routine and independent calibration | ||||||
3 | of the speeds produced by automated speed enforcement | ||||||
4 | systems and equipment shall be conducted annually by a | ||||||
5 | qualified technician. Speeds produced by an automated | ||||||
6 | speed enforcement system shall be compared with speeds | ||||||
7 | produced by lidar or other independent equipment. Radar or | ||||||
8 | lidar equipment shall undergo an internal validation test | ||||||
9 | no less frequently than once each week. Qualified | ||||||
10 | technicians shall test loop-based loop based equipment no | ||||||
11 | less frequently than once a year. Radar equipment shall be | ||||||
12 | checked for accuracy by a qualified technician when the | ||||||
13 | unit is serviced, when unusual or suspect readings persist, | ||||||
14 | or when deemed necessary by a reviewing technician. Radar | ||||||
15 | equipment shall be checked with the internal frequency | ||||||
16 | generator and the internal circuit test whenever the radar | ||||||
17 | is turned on. Technicians must be alert for any unusual or | ||||||
18 | suspect readings, and if unusual or suspect readings of a | ||||||
19 | radar unit persist, that unit shall immediately be removed | ||||||
20 | from service and not returned to service until it has been | ||||||
21 | checked by a qualified technician and determined to be | ||||||
22 | functioning properly. Documentation of the annual | ||||||
23 | calibration results, including the equipment tested, test | ||||||
24 | date, technician performing the test, and test results, | ||||||
25 | shall be maintained and available for use in the | ||||||
26 | determination of an automated speed enforcement system |
| |||||||
| |||||||
1 | violation and issuance of a citation. The technician | ||||||
2 | performing the calibration and testing of the automated | ||||||
3 | speed enforcement equipment shall be trained and certified | ||||||
4 | in the use of equipment for speed enforcement purposes. | ||||||
5 | Training on the speed enforcement equipment may be | ||||||
6 | conducted by law enforcement, civilian, or manufacturer's | ||||||
7 | personnel and if applicable may be equivalent to the | ||||||
8 | equipment use and operations training included in the Speed | ||||||
9 | Measuring Device Operator Program developed by the | ||||||
10 | National Highway Traffic Safety Administration (NHTSA). | ||||||
11 | The vendor or technician who performs the work shall keep | ||||||
12 | accurate records on each piece of equipment the technician | ||||||
13 | calibrates and tests. As used in this paragraph, " fully | ||||||
14 | trained fully-trained reviewing technician" means a person | ||||||
15 | who has received at least 40 hours of supervised training | ||||||
16 | in subjects which shall include image inspection and | ||||||
17 | interpretation, the elements necessary to prove a | ||||||
18 | violation, license plate identification, and traffic | ||||||
19 | safety and management. In all municipalities and counties, | ||||||
20 | the automated speed enforcement system or automated | ||||||
21 | traffic law ordinance shall require that no additional fee | ||||||
22 | shall be charged to the alleged violator for exercising his | ||||||
23 | or her right to an administrative hearing, and persons | ||||||
24 | shall be given at least 25 days following an administrative | ||||||
25 | hearing to pay any civil penalty imposed by a finding that | ||||||
26 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a |
| |||||||
| |||||||
1 | similar local ordinance has been violated. The original or | ||||||
2 | a
facsimile of the violation notice or, in the case of a | ||||||
3 | notice produced by a
computerized device, a printed record | ||||||
4 | generated by the device showing the facts
entered on the | ||||||
5 | notice, shall be retained by the
traffic compliance
| ||||||
6 | administrator, and shall be a record kept in the ordinary | ||||||
7 | course of
business. A parking, standing, compliance, | ||||||
8 | automated speed enforcement system, or automated traffic | ||||||
9 | law violation notice issued,
signed , and served in
| ||||||
10 | accordance with this Section, a copy of the notice, or the | ||||||
11 | computer-generated computer
generated record shall be | ||||||
12 | prima facie
correct and shall be prima facie evidence of | ||||||
13 | the correctness of the facts
shown on the notice. The | ||||||
14 | notice, copy, or computer-generated computer generated
| ||||||
15 | record shall be admissible in any
subsequent | ||||||
16 | administrative or legal proceedings.
| ||||||
17 | (4) An opportunity for a hearing for the registered | ||||||
18 | owner of the
vehicle cited in the parking, standing, | ||||||
19 | compliance, automated speed enforcement system, or | ||||||
20 | automated traffic law violation notice in
which the owner | ||||||
21 | may
contest the merits of the alleged violation, and during | ||||||
22 | which formal or
technical rules of evidence shall not | ||||||
23 | apply; provided, however, that under
Section 11-1306 of | ||||||
24 | this Code the lessee of a vehicle cited in the
violation | ||||||
25 | notice likewise shall be provided an opportunity for a | ||||||
26 | hearing of
the same kind afforded the registered owner. The |
| |||||||
| |||||||
1 | hearings shall be
recorded, and the person conducting the | ||||||
2 | hearing on behalf of the traffic
compliance
administrator | ||||||
3 | shall be empowered to administer oaths and to secure by
| ||||||
4 | subpoena both the attendance and testimony of witnesses and | ||||||
5 | the production
of relevant books and papers. Persons | ||||||
6 | appearing at a hearing under this
Section may be | ||||||
7 | represented by counsel at their expense. The ordinance may
| ||||||
8 | also provide for internal administrative review following | ||||||
9 | the decision of
the hearing officer.
| ||||||
10 | (5) Service of additional notices, sent by first class | ||||||
11 | United States
mail, postage prepaid, to the address of the | ||||||
12 | registered owner of the cited
vehicle as recorded with the | ||||||
13 | Secretary of State or, if any notice to that address is | ||||||
14 | returned as undeliverable, to the last known address | ||||||
15 | recorded in a United States Post Office approved database,
| ||||||
16 | or, under Section 11-1306
or subsection (p) of Section | ||||||
17 | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | ||||||
18 | of this Code, to the lessee of the cited vehicle at the | ||||||
19 | last address known
to the lessor of the cited vehicle at | ||||||
20 | the time of lease or, if any notice to that address is | ||||||
21 | returned as undeliverable, to the last known address | ||||||
22 | recorded in a United States Post Office approved database.
| ||||||
23 | The service shall
be deemed complete as of the date of | ||||||
24 | deposit in the United States mail.
The notices shall be in | ||||||
25 | the following sequence and shall include , but not be
| ||||||
26 | limited to , the information specified herein:
|
| |||||||
| |||||||
1 | (i) A second notice of parking, standing, or | ||||||
2 | compliance violation if the first notice of the | ||||||
3 | violation was issued by affixing the original or a | ||||||
4 | facsimile of the notice to the unlawfully parked | ||||||
5 | vehicle or by handing the notice to the operator. This | ||||||
6 | notice shall specify or include the
date and location | ||||||
7 | of the violation cited in the parking,
standing,
or | ||||||
8 | compliance violation
notice, the particular regulation | ||||||
9 | violated, the vehicle
make or a photograph of the | ||||||
10 | vehicle, the state registration number of the vehicle, | ||||||
11 | any requirement to complete a traffic education | ||||||
12 | program, the fine and any penalty that may be
assessed | ||||||
13 | for late payment or failure to complete a traffic | ||||||
14 | education program, or both, when so provided by | ||||||
15 | ordinance, the availability
of a hearing in which the | ||||||
16 | violation may be contested on its merits, and the
time | ||||||
17 | and manner in which the hearing may be had. The notice | ||||||
18 | of violation
shall also state that failure to complete | ||||||
19 | a required traffic education program, to pay the | ||||||
20 | indicated fine and any
applicable penalty, or to appear | ||||||
21 | at a hearing on the merits in the time and
manner | ||||||
22 | specified, will result in a final determination of | ||||||
23 | violation
liability for the cited violation in the | ||||||
24 | amount of the fine or penalty
indicated, and that, upon | ||||||
25 | the occurrence of a final determination of violation | ||||||
26 | liability for the failure, and the exhaustion of, or
|
| |||||||
| |||||||
1 | failure to exhaust, available administrative or | ||||||
2 | judicial procedures for
review, any incomplete traffic | ||||||
3 | education program or any unpaid fine or penalty, or | ||||||
4 | both, will constitute a debt due and owing
the | ||||||
5 | municipality or county.
| ||||||
6 | (ii) A notice of final determination of parking, | ||||||
7 | standing,
compliance, automated speed enforcement | ||||||
8 | system, or automated traffic law violation liability.
| ||||||
9 | This notice shall be sent following a final | ||||||
10 | determination of parking,
standing, compliance, | ||||||
11 | automated speed enforcement system, or automated | ||||||
12 | traffic law
violation liability and the conclusion of | ||||||
13 | judicial review procedures taken
under this Section. | ||||||
14 | The notice shall state that the incomplete traffic | ||||||
15 | education program or the unpaid fine or
penalty, or | ||||||
16 | both, is a debt due and owing the municipality or | ||||||
17 | county. The notice shall contain
warnings that failure | ||||||
18 | to complete any required traffic education program or | ||||||
19 | to pay any fine or penalty due and owing the
| ||||||
20 | municipality or county, or both, within the time | ||||||
21 | specified may result in the municipality's
or county's | ||||||
22 | filing of a petition in the Circuit Court to have the | ||||||
23 | incomplete traffic education program or unpaid
fine or | ||||||
24 | penalty, or both, rendered a judgment as provided by | ||||||
25 | this Section, or, where applicable, may
result in | ||||||
26 | suspension of the person's driver's drivers license |
| |||||||
| |||||||
1 | for failure to complete a traffic education program or | ||||||
2 | to pay
fines or penalties, or both, for 5 or more | ||||||
3 | automated traffic law violations under Section | ||||||
4 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
5 | system violations under Section 11-208.8 .
| ||||||
6 | (6) A notice of impending driver's drivers license | ||||||
7 | suspension. This
notice shall be sent to the person liable | ||||||
8 | for failure to complete a required traffic education | ||||||
9 | program or to pay any fine or penalty that
remains due and | ||||||
10 | owing, or both, on 5 or more unpaid automated speed | ||||||
11 | enforcement system or automated traffic law violations . | ||||||
12 | The notice
shall state that failure to complete a required | ||||||
13 | traffic education program or to pay the fine or penalty | ||||||
14 | owing, or both, within 45 days of
the notice's date will | ||||||
15 | result in the municipality or county notifying the | ||||||
16 | Secretary
of State that the person is eligible for | ||||||
17 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
18 | of this Code. The notice shall also state
that the person | ||||||
19 | may obtain a photostatic copy of an original ticket | ||||||
20 | imposing a
fine or penalty by sending a self-addressed self | ||||||
21 | addressed , stamped envelope to the
municipality or county | ||||||
22 | along with a request for the photostatic copy.
The notice | ||||||
23 | of impending driver's
drivers license suspension shall be | ||||||
24 | sent by first class United States mail,
postage prepaid, to | ||||||
25 | the address recorded with the Secretary of State or, if any | ||||||
26 | notice to that address is returned as undeliverable, to the |
| |||||||
| |||||||
1 | last known address recorded in a United States Post Office | ||||||
2 | approved database.
| ||||||
3 | (7) Final determinations of violation liability. A | ||||||
4 | final
determination of violation liability shall occur | ||||||
5 | following failure to complete the required traffic | ||||||
6 | education program or
to pay the fine or penalty, or both, | ||||||
7 | after a hearing officer's determination of violation | ||||||
8 | liability and the exhaustion of or failure to exhaust any
| ||||||
9 | administrative review procedures provided by ordinance. | ||||||
10 | Where a person
fails to appear at a hearing to contest the | ||||||
11 | alleged violation in the time
and manner specified in a | ||||||
12 | prior mailed notice, the hearing officer's
determination | ||||||
13 | of violation liability shall become final: (A) upon
denial | ||||||
14 | of a timely petition to set aside that determination, or | ||||||
15 | (B) upon
expiration of the period for filing the petition | ||||||
16 | without a
filing having been made.
| ||||||
17 | (8) A petition to set aside a determination of parking, | ||||||
18 | standing,
compliance, automated speed enforcement system, | ||||||
19 | or automated traffic law violation
liability that may be | ||||||
20 | filed by a person owing an unpaid fine or penalty. A | ||||||
21 | petition to set aside a determination of liability may also | ||||||
22 | be filed by a person required to complete a traffic | ||||||
23 | education program.
The petition shall be filed with and | ||||||
24 | ruled upon by the traffic compliance
administrator in the | ||||||
25 | manner and within the time specified by ordinance.
The | ||||||
26 | grounds for the petition may be limited to: (A) the person |
| |||||||
| |||||||
1 | not having
been the owner or lessee of the cited vehicle on | ||||||
2 | the date the
violation notice was issued, (B) the person | ||||||
3 | having already completed the required traffic education | ||||||
4 | program or paid the fine or
penalty, or both, for the | ||||||
5 | violation in question, and (C) excusable failure to
appear | ||||||
6 | at or
request a new date for a hearing.
With regard to | ||||||
7 | municipalities or counties with a population of 1 million | ||||||
8 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
9 | violation if the state registration number or vehicle make, | ||||||
10 | only if specified in the violation notice, is
incorrect. | ||||||
11 | After the determination of
parking, standing, compliance, | ||||||
12 | automated speed enforcement system, or automated traffic | ||||||
13 | law violation liability has been set aside
upon a showing | ||||||
14 | of just
cause, the registered owner shall be provided with | ||||||
15 | a hearing on the merits
for that violation.
| ||||||
16 | (9) Procedures for non-residents. Procedures by which | ||||||
17 | persons who are
not residents of the municipality or county | ||||||
18 | may contest the merits of the alleged
violation without | ||||||
19 | attending a hearing.
| ||||||
20 | (10) A schedule of civil fines for violations of | ||||||
21 | vehicular standing,
parking, compliance, automated speed | ||||||
22 | enforcement system, or automated traffic law regulations | ||||||
23 | enacted by ordinance pursuant to this
Section, and a
| ||||||
24 | schedule of penalties for late payment of the fines or | ||||||
25 | failure to complete required traffic education programs, | ||||||
26 | provided, however,
that the total amount of the fine and |
| |||||||
| |||||||
1 | penalty for any one violation shall
not exceed $250, except | ||||||
2 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
3 | Code.
| ||||||
4 | (11) Other provisions as are necessary and proper to | ||||||
5 | carry into
effect the powers granted and purposes stated in | ||||||
6 | this Section.
| ||||||
7 | (c) Any municipality or county establishing vehicular | ||||||
8 | standing, parking,
compliance, automated speed enforcement | ||||||
9 | system, or automated traffic law
regulations under this Section | ||||||
10 | may also provide by ordinance for a
program of vehicle | ||||||
11 | immobilization for the purpose of facilitating
enforcement of | ||||||
12 | those regulations. The program of vehicle
immobilization shall | ||||||
13 | provide for immobilizing any eligible vehicle upon the
public | ||||||
14 | way by presence of a restraint in a manner to prevent operation | ||||||
15 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
16 | immobilization under this Section shall provide:
| ||||||
17 | (1) Criteria for the designation of vehicles eligible | ||||||
18 | for
immobilization. A vehicle shall be eligible for | ||||||
19 | immobilization when the
registered owner of the vehicle has | ||||||
20 | accumulated the number of incomplete traffic education | ||||||
21 | programs or unpaid final
determinations of parking, | ||||||
22 | standing, compliance, automated speed enforcement system, | ||||||
23 | or automated traffic law violation liability, or both, as
| ||||||
24 | determined by ordinance.
| ||||||
25 | (2) A notice of impending vehicle immobilization and a | ||||||
26 | right to a
hearing to challenge the validity of the notice |
| |||||||
| |||||||
1 | by disproving liability
for the incomplete traffic | ||||||
2 | education programs or unpaid final determinations of | ||||||
3 | parking, standing, compliance, automated speed enforcement | ||||||
4 | system, or automated traffic law
violation liability, or | ||||||
5 | both, listed
on the notice.
| ||||||
6 | (3) The right to a prompt hearing after a vehicle has | ||||||
7 | been immobilized
or subsequently towed without the | ||||||
8 | completion of the required traffic education program or | ||||||
9 | payment of the outstanding fines and
penalties on parking, | ||||||
10 | standing, compliance, automated speed enforcement system, | ||||||
11 | or automated traffic law violations, or both, for which | ||||||
12 | final
determinations have been
issued. An order issued | ||||||
13 | after the hearing is a final administrative
decision within | ||||||
14 | the meaning of Section 3-101 of the Code of Civil | ||||||
15 | Procedure.
| ||||||
16 | (4) A post immobilization and post-towing notice | ||||||
17 | advising the registered
owner of the vehicle of the right | ||||||
18 | to a hearing to challenge the validity
of the impoundment.
| ||||||
19 | (d) Judicial review of final determinations of parking, | ||||||
20 | standing,
compliance, automated speed enforcement system, or | ||||||
21 | automated traffic law
violations and final administrative | ||||||
22 | decisions issued after hearings
regarding vehicle | ||||||
23 | immobilization and impoundment made
under this Section shall be | ||||||
24 | subject to the provisions of
the Administrative Review Law.
| ||||||
25 | (e) Any fine, penalty, incomplete traffic education | ||||||
26 | program, or part of any fine or any penalty remaining
unpaid |
| |||||||
| |||||||
1 | after the exhaustion of, or the failure to exhaust, | ||||||
2 | administrative
remedies created under this Section and the | ||||||
3 | conclusion of any judicial
review procedures shall be a debt | ||||||
4 | due and owing the municipality or county and, as
such, may be | ||||||
5 | collected in accordance with applicable law. Completion of any | ||||||
6 | required traffic education program and payment in full
of any | ||||||
7 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
8 | automated speed enforcement system, or automated traffic law | ||||||
9 | violation shall
constitute a final disposition of that | ||||||
10 | violation.
| ||||||
11 | (f) After the expiration of the period within which | ||||||
12 | judicial review may
be sought for a final determination of | ||||||
13 | parking, standing, compliance, automated speed enforcement | ||||||
14 | system, or automated traffic law
violation, the municipality
or | ||||||
15 | county may commence a proceeding in the Circuit Court for | ||||||
16 | purposes of obtaining a
judgment on the final determination of | ||||||
17 | violation. Nothing in this
Section shall prevent a municipality | ||||||
18 | or county from consolidating multiple final
determinations of | ||||||
19 | parking, standing, compliance, automated speed enforcement | ||||||
20 | system, or automated traffic law violations against a
person in | ||||||
21 | a proceeding.
Upon commencement of the action, the municipality | ||||||
22 | or county shall file a certified
copy or record of the final | ||||||
23 | determination of parking, standing, compliance, automated | ||||||
24 | speed enforcement system, or automated traffic law
violation, | ||||||
25 | which shall be
accompanied by a certification that recites | ||||||
26 | facts sufficient to show that
the final determination of |
| |||||||
| |||||||
1 | violation was
issued in accordance with this Section and the | ||||||
2 | applicable municipal
or county ordinance. Service of the | ||||||
3 | summons and a copy of the petition may be by
any method | ||||||
4 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
5 | certified mail, return receipt requested, provided that the | ||||||
6 | total amount of
fines and penalties for final determinations of | ||||||
7 | parking, standing,
compliance, automated speed enforcement | ||||||
8 | system, or automated traffic law violations does not
exceed | ||||||
9 | $2500. If the court is satisfied that the final determination | ||||||
10 | of
parking, standing, compliance, automated speed enforcement | ||||||
11 | system, or automated traffic law violation was entered in | ||||||
12 | accordance with
the requirements of
this Section and the | ||||||
13 | applicable municipal or county ordinance, and that the | ||||||
14 | registered
owner or the lessee, as the case may be, had an | ||||||
15 | opportunity for an
administrative hearing and for judicial | ||||||
16 | review as provided in this Section,
the court shall render | ||||||
17 | judgment in favor of the municipality or county and against
the | ||||||
18 | registered owner or the lessee for the amount indicated in the | ||||||
19 | final
determination of parking, standing, compliance, | ||||||
20 | automated speed enforcement system, or automated traffic law | ||||||
21 | violation, plus costs.
The judgment shall have
the same effect | ||||||
22 | and may be enforced in the same manner as other judgments
for | ||||||
23 | the recovery of money.
| ||||||
24 | (g) The fee for participating in a traffic education | ||||||
25 | program under this Section shall not exceed $25. | ||||||
26 | A low-income individual required to complete a traffic |
| |||||||
| |||||||
1 | education program under this Section who provides proof of | ||||||
2 | eligibility for the federal earned income tax credit under | ||||||
3 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
4 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
5 | Act shall not be required to pay any fee for participating in a | ||||||
6 | required traffic education program. | ||||||
7 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
8 | revised 12-21-20.)
| ||||||
9 | (625 ILCS 5/11-208.6)
| ||||||
10 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
11 | (a) As used in this Section, "automated traffic law | ||||||
12 | enforcement
system" means a device with one or more motor | ||||||
13 | vehicle sensors working
in conjunction with a red light signal | ||||||
14 | to produce recorded images of
motor vehicles entering an | ||||||
15 | intersection against a red signal
indication in violation of | ||||||
16 | Section 11-306 of this Code or a similar provision
of a local | ||||||
17 | ordinance.
| ||||||
18 | An
automated traffic law enforcement system is a system, in | ||||||
19 | a municipality or
county operated by a
governmental agency, | ||||||
20 | that
produces a recorded image of a motor vehicle's
violation | ||||||
21 | of a provision of this Code or a local ordinance
and is | ||||||
22 | designed to obtain a clear recorded image of the
vehicle and | ||||||
23 | the vehicle's license plate. The recorded image must also
| ||||||
24 | display the time, date, and location of the violation.
| ||||||
25 | (b) As used in this Section, "recorded images" means images
|
| |||||||
| |||||||
1 | recorded by an automated traffic law enforcement system on:
| ||||||
2 | (1) 2 or more photographs;
| ||||||
3 | (2) 2 or more microphotographs;
| ||||||
4 | (3) 2 or more electronic images; or
| ||||||
5 | (4) a video recording showing the motor vehicle and, on | ||||||
6 | at
least one image or portion of the recording, clearly | ||||||
7 | identifying the
registration plate or digital registration | ||||||
8 | plate number of the motor vehicle.
| ||||||
9 | (b-5) A municipality or
county that
produces a recorded | ||||||
10 | image of a motor vehicle's
violation of a provision of this | ||||||
11 | Code or a local ordinance must make the recorded images of a | ||||||
12 | violation accessible to the alleged violator by providing the | ||||||
13 | alleged violator with a website address, accessible through the | ||||||
14 | Internet. | ||||||
15 | (c) Except as provided under Section 11-208.8 of this Code, | ||||||
16 | a county or municipality, including a home rule county or | ||||||
17 | municipality, may not use an automated traffic law enforcement | ||||||
18 | system to provide recorded images of a motor vehicle for the | ||||||
19 | purpose of recording its speed. Except as provided under | ||||||
20 | Section 11-208.8 of this Code, the regulation of the use of | ||||||
21 | automated traffic law enforcement systems to record vehicle | ||||||
22 | speeds is an exclusive power and function of the State. This | ||||||
23 | subsection (c) is a denial and limitation of home rule powers | ||||||
24 | and functions under subsection (h) of Section 6 of Article VII | ||||||
25 | of the Illinois Constitution.
| ||||||
26 | (c-5) A county or municipality, including a home rule |
| |||||||
| |||||||
1 | county or municipality, may not use an automated traffic law | ||||||
2 | enforcement system to issue violations in instances where the | ||||||
3 | motor vehicle comes to a complete stop and does not enter the | ||||||
4 | intersection, as defined by Section 1-132 of this Code, during | ||||||
5 | the cycle of the red signal indication unless one or more | ||||||
6 | pedestrians or bicyclists are present, even if the motor | ||||||
7 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
8 | driver is required to stop, as specified in subsection (c) of | ||||||
9 | Section 11-306 of this Code or a similar provision of a local | ||||||
10 | ordinance. | ||||||
11 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
12 | inhabitants, including a home rule county or municipality, may | ||||||
13 | not use an automated traffic law enforcement system to issue | ||||||
14 | violations in instances where a motorcyclist enters an | ||||||
15 | intersection against a red signal
indication when the red | ||||||
16 | signal fails to change to a green signal within a reasonable | ||||||
17 | period of time not less than 120 seconds because of a signal | ||||||
18 | malfunction or because the signal has failed to detect the | ||||||
19 | arrival of the motorcycle due to the motorcycle's size or | ||||||
20 | weight. | ||||||
21 | (d) For each violation of a provision of this Code or a | ||||||
22 | local ordinance
recorded by an automatic
traffic law | ||||||
23 | enforcement system, the county or municipality having
| ||||||
24 | jurisdiction shall issue a written notice of the
violation to | ||||||
25 | the registered owner of the vehicle as the alleged
violator. | ||||||
26 | The notice shall be delivered to the registered
owner of the |
| |||||||
| |||||||
1 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
2 | notifies the municipality or county of the identity of the | ||||||
3 | owner of the vehicle, but in no event later than 90 days after | ||||||
4 | the violation.
| ||||||
5 | The notice shall include:
| ||||||
6 | (1) the name and address of the registered owner of the
| ||||||
7 | vehicle;
| ||||||
8 | (2) the registration number of the motor vehicle
| ||||||
9 | involved in the violation;
| ||||||
10 | (3) the violation charged;
| ||||||
11 | (4) the location where the violation occurred;
| ||||||
12 | (5) the date and time of the violation;
| ||||||
13 | (6) a copy of the recorded images;
| ||||||
14 | (7) the amount of the civil penalty imposed and the | ||||||
15 | requirements of any traffic education program imposed and | ||||||
16 | the date
by which the civil penalty should be paid and the | ||||||
17 | traffic education program should be completed;
| ||||||
18 | (8) a statement that recorded images are evidence of a
| ||||||
19 | violation of a red light signal;
| ||||||
20 | (9) a warning that failure to pay the civil penalty, to | ||||||
21 | complete a required traffic education program, or to
| ||||||
22 | contest liability in a timely manner is an admission of
| ||||||
23 | liability and may result in a suspension of the driving
| ||||||
24 | privileges of the registered owner of the vehicle ;
| ||||||
25 | (10) a statement that the person may elect to proceed | ||||||
26 | by:
|
| |||||||
| |||||||
1 | (A) paying the fine, completing a required traffic | ||||||
2 | education program, or both; or
| ||||||
3 | (B) challenging the charge in court, by mail, or by | ||||||
4 | administrative hearing; and
| ||||||
5 | (11) a website address, accessible through the | ||||||
6 | Internet, where the person may view the recorded images of | ||||||
7 | the violation. | ||||||
8 | (e) (Blank). If a person
charged with a traffic violation, | ||||||
9 | as a result of an automated traffic law
enforcement system, | ||||||
10 | does not pay the fine or complete a required traffic education | ||||||
11 | program, or both, or successfully contest the civil
penalty | ||||||
12 | resulting from that violation, the Secretary of State shall | ||||||
13 | suspend the
driving privileges of the
registered owner of the | ||||||
14 | vehicle under Section 6-306.5 of this Code for failing
to | ||||||
15 | complete a required traffic education program or to pay any | ||||||
16 | fine or penalty
due and owing, or both, as a result of a | ||||||
17 | combination of 5 violations of the automated traffic law
| ||||||
18 | enforcement system or the automated speed enforcement system | ||||||
19 | under Section 11-208.8 of this Code.
| ||||||
20 | (f) Based on inspection of recorded images produced by an
| ||||||
21 | automated traffic law enforcement system, a notice alleging | ||||||
22 | that the violation occurred shall be evidence of the facts | ||||||
23 | contained
in the notice and admissible in any proceeding | ||||||
24 | alleging a
violation under this Section.
| ||||||
25 | (g) Recorded images made by an automatic traffic law
| ||||||
26 | enforcement system are confidential and shall be made
available |
| |||||||
| |||||||
1 | only to the alleged violator and governmental and
law | ||||||
2 | enforcement agencies for purposes of adjudicating a
violation | ||||||
3 | of this Section, for statistical purposes, or for other | ||||||
4 | governmental purposes. Any recorded image evidencing a
| ||||||
5 | violation of this Section, however, may be admissible in
any | ||||||
6 | proceeding resulting from the issuance of the citation.
| ||||||
7 | (h) The court or hearing officer may consider in defense of | ||||||
8 | a violation:
| ||||||
9 | (1) that the motor vehicle or registration plates or | ||||||
10 | digital registration plates of the motor
vehicle were | ||||||
11 | stolen before the violation occurred and not
under the | ||||||
12 | control of or in the possession of the owner at
the time of | ||||||
13 | the violation;
| ||||||
14 | (2) that the driver of the vehicle passed through the
| ||||||
15 | intersection when the light was red either (i) in order to
| ||||||
16 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
17 | part of a funeral procession; and
| ||||||
18 | (3) any other evidence or issues provided by municipal | ||||||
19 | or county ordinance.
| ||||||
20 | (i) To demonstrate that the motor vehicle or the | ||||||
21 | registration
plates or digital registration plates were stolen | ||||||
22 | before the violation occurred and were not under the
control or | ||||||
23 | possession of the owner at the time of the violation, the
owner | ||||||
24 | must submit proof that a report concerning the stolen
motor | ||||||
25 | vehicle or registration plates was filed with a law enforcement | ||||||
26 | agency in a timely manner.
|
| |||||||
| |||||||
1 | (j) Unless the driver of the motor vehicle received a | ||||||
2 | Uniform
Traffic Citation from a police officer at the time of | ||||||
3 | the violation,
the motor vehicle owner is subject to a civil | ||||||
4 | penalty not exceeding
$100 or the completion of a traffic | ||||||
5 | education program, or both, plus an additional penalty of not | ||||||
6 | more than $100 for failure to pay the original penalty or to | ||||||
7 | complete a required traffic education program, or both, in a | ||||||
8 | timely manner, if the motor vehicle is recorded by an automated | ||||||
9 | traffic law
enforcement system. A violation for which a civil | ||||||
10 | penalty is imposed
under this Section is not a violation of a | ||||||
11 | traffic regulation governing
the movement of vehicles and may | ||||||
12 | not be recorded on the driving record
of the owner of the | ||||||
13 | vehicle.
| ||||||
14 | (j-3) A registered owner who is a holder of a valid | ||||||
15 | commercial driver's license is not required to complete a | ||||||
16 | traffic education program. | ||||||
17 | (j-5) For purposes of the required traffic education | ||||||
18 | program only, a registered owner may submit an affidavit to the | ||||||
19 | court or hearing officer swearing that at the time of the | ||||||
20 | alleged violation, the vehicle was in the custody and control | ||||||
21 | of another person. The affidavit must identify the person in | ||||||
22 | custody and control of the vehicle, including the person's name | ||||||
23 | and current address. The person in custody and control of the | ||||||
24 | vehicle at the time of the violation is required to complete | ||||||
25 | the required traffic education program. If the person in | ||||||
26 | custody and control of the vehicle at the time of the violation |
| |||||||
| |||||||
1 | completes the required traffic education program, the | ||||||
2 | registered owner of the vehicle is not required to complete a | ||||||
3 | traffic education program. | ||||||
4 | (k) An intersection equipped with an automated traffic law
| ||||||
5 | enforcement system must be posted with a sign visible to | ||||||
6 | approaching traffic
indicating that the intersection is being | ||||||
7 | monitored by an automated
traffic law enforcement system. | ||||||
8 | (k-3) A municipality or
county that has one or more | ||||||
9 | intersections equipped with an automated traffic law
| ||||||
10 | enforcement system must provide notice to drivers by posting | ||||||
11 | the locations of automated traffic law systems on the | ||||||
12 | municipality or county website.
| ||||||
13 | (k-5) An intersection equipped with an automated traffic | ||||||
14 | law
enforcement system must have a yellow change interval that | ||||||
15 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
16 | Devices (IMUTCD) published by the Illinois Department of | ||||||
17 | Transportation. | ||||||
18 | (k-7) A municipality or county operating an automated | ||||||
19 | traffic law enforcement system shall conduct a statistical | ||||||
20 | analysis to assess the safety impact of each automated traffic | ||||||
21 | law enforcement system at an intersection following | ||||||
22 | installation of the system. The statistical analysis shall be | ||||||
23 | based upon the best available crash, traffic, and other data, | ||||||
24 | and shall cover a period of time before and after installation | ||||||
25 | of the system sufficient to provide a statistically valid | ||||||
26 | comparison of safety impact. The statistical analysis shall be |
| |||||||
| |||||||
1 | consistent with professional judgment and acceptable industry | ||||||
2 | practice. The statistical analysis also shall be consistent | ||||||
3 | with the data required for valid comparisons of before and | ||||||
4 | after conditions and shall be conducted within a reasonable | ||||||
5 | period following the installation of the automated traffic law | ||||||
6 | enforcement system. The statistical analysis required by this | ||||||
7 | subsection (k-7) shall be made available to the public and | ||||||
8 | shall be published on the website of the municipality or | ||||||
9 | county. If the statistical analysis for the 36 month period | ||||||
10 | following installation of the system indicates that there has | ||||||
11 | been an increase in the rate of accidents at the approach to | ||||||
12 | the intersection monitored by the system, the municipality or | ||||||
13 | county shall undertake additional studies to determine the | ||||||
14 | cause and severity of the accidents, and may take any action | ||||||
15 | that it determines is necessary or appropriate to reduce the | ||||||
16 | number or severity of the accidents at that intersection. | ||||||
17 | (l) The compensation paid for an automated traffic law | ||||||
18 | enforcement system
must be based on the value of the equipment | ||||||
19 | or the services provided and may
not be based on the number of | ||||||
20 | traffic citations issued or the revenue generated
by the | ||||||
21 | system.
| ||||||
22 | (m) This Section applies only to the counties of Cook, | ||||||
23 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
24 | to municipalities located within those counties.
| ||||||
25 | (n) The fee for participating in a traffic education | ||||||
26 | program under this Section shall not exceed $25. |
| |||||||
| |||||||
1 | A low-income individual required to complete a traffic | ||||||
2 | education program under this Section who provides proof of | ||||||
3 | eligibility for the federal earned income tax credit under | ||||||
4 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
5 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
6 | Act shall not be required to pay any fee for participating in a | ||||||
7 | required traffic education program. | ||||||
8 | (o) (Blank). A municipality or county shall make a | ||||||
9 | certified report to the Secretary of State pursuant to Section | ||||||
10 | 6-306.5 of this Code whenever a registered owner of a vehicle | ||||||
11 | has failed to pay any
fine or penalty due and owing as a result | ||||||
12 | of a combination of 5 offenses for automated traffic
law or | ||||||
13 | speed enforcement system violations. | ||||||
14 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
15 | to a written lease agreement shall be liable for an automated | ||||||
16 | speed or traffic law enforcement system violation involving | ||||||
17 | such motor vehicle during the period of the lease; provided | ||||||
18 | that upon the request of the appropriate authority received | ||||||
19 | within 120 days after the violation occurred, the lessor | ||||||
20 | provides within 60 days after such receipt the name and address | ||||||
21 | of the lessee. The drivers license number of a lessee may be | ||||||
22 | subsequently individually requested by the appropriate | ||||||
23 | authority if needed for enforcement of this Section. | ||||||
24 | Upon the provision of information by the lessor pursuant to | ||||||
25 | this subsection, the county or municipality may issue the | ||||||
26 | violation to the lessee of the vehicle in the same manner as it |
| |||||||
| |||||||
1 | would issue a violation to a registered owner of a vehicle | ||||||
2 | pursuant to this Section, and the lessee may be held liable for | ||||||
3 | the violation. | ||||||
4 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
5 | (625 ILCS 5/11-208.8) | ||||||
6 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
7 | safety zones. | ||||||
8 | (a) As used in this Section: | ||||||
9 | "Automated speed enforcement
system" means a photographic | ||||||
10 | device, radar device, laser device, or other electrical or | ||||||
11 | mechanical device or devices installed or utilized in a safety | ||||||
12 | zone and designed to record the speed of a vehicle and obtain a | ||||||
13 | clear photograph or other recorded image of the vehicle and the | ||||||
14 | vehicle's registration plate or digital registration plate | ||||||
15 | while the driver is violating Article VI of Chapter 11 of this | ||||||
16 | Code or a similar provision of a local ordinance. | ||||||
17 | An automated speed enforcement system is a system, located | ||||||
18 | in a safety zone which is under the jurisdiction of a | ||||||
19 | municipality, that produces a recorded image of a motor | ||||||
20 | vehicle's violation of a provision of this Code or a local | ||||||
21 | ordinance and is designed to obtain a clear recorded image of | ||||||
22 | the vehicle and the vehicle's license plate. The recorded image | ||||||
23 | must also display the time, date, and location of the | ||||||
24 | violation. | ||||||
25 | "Owner" means the person or entity to whom the vehicle is |
| |||||||
| |||||||
1 | registered. | ||||||
2 | "Recorded image" means images
recorded by an automated | ||||||
3 | speed enforcement system on: | ||||||
4 | (1) 2 or more photographs; | ||||||
5 | (2) 2 or more microphotographs; | ||||||
6 | (3) 2 or more electronic images; or | ||||||
7 | (4) a video recording showing the motor vehicle and, on | ||||||
8 | at
least one image or portion of the recording, clearly | ||||||
9 | identifying the
registration plate or digital registration | ||||||
10 | plate number of the motor vehicle. | ||||||
11 | "Safety zone" means an area that is within one-eighth of a | ||||||
12 | mile from the nearest property line of any public or private | ||||||
13 | elementary or secondary school, or from the nearest property | ||||||
14 | line of any facility, area, or land owned by a school district | ||||||
15 | that is used for educational purposes approved by the Illinois | ||||||
16 | State Board of Education, not including school district | ||||||
17 | headquarters or administrative buildings. A safety zone also | ||||||
18 | includes an area that is within one-eighth of a mile from the | ||||||
19 | nearest property line of any facility, area, or land owned by a | ||||||
20 | park district used for recreational purposes. However, if any | ||||||
21 | portion of a roadway is within either one-eighth mile radius, | ||||||
22 | the safety zone also shall include the roadway extended to the | ||||||
23 | furthest portion of the next furthest intersection. The term | ||||||
24 | "safety zone" does not include any portion of the roadway known | ||||||
25 | as Lake Shore Drive or any controlled access highway with 8 or | ||||||
26 | more lanes of traffic. |
| |||||||
| |||||||
1 | (a-5) The automated speed enforcement system shall be | ||||||
2 | operational and violations shall be recorded only at the | ||||||
3 | following times: | ||||||
4 | (i) if the safety zone is based upon the property line | ||||||
5 | of any facility, area, or land owned by a school district, | ||||||
6 | only on school days and no earlier than 6 a.m. and no later | ||||||
7 | than 8:30 p.m. if the school day is during the period of | ||||||
8 | Monday through Thursday, or 9 p.m. if the school day is a | ||||||
9 | Friday; and | ||||||
10 | (ii) if the safety zone is based upon the property line | ||||||
11 | of any facility, area, or land owned by a park district, no | ||||||
12 | earlier than one hour prior to the time that the facility, | ||||||
13 | area, or land is open to the public or other patrons, and | ||||||
14 | no later than one hour after the facility, area, or land is | ||||||
15 | closed to the public or other patrons. | ||||||
16 | (b) A municipality that
produces a recorded image of a | ||||||
17 | motor vehicle's
violation of a provision of this Code or a | ||||||
18 | local ordinance must make the recorded images of a violation | ||||||
19 | accessible to the alleged violator by providing the alleged | ||||||
20 | violator with a website address, accessible through the | ||||||
21 | Internet. | ||||||
22 | (c) Notwithstanding any penalties for any other violations | ||||||
23 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
24 | violation recorded by an automated speed enforcement system | ||||||
25 | shall be subject to the following penalties: | ||||||
26 | (1) if the recorded speed is no less than 6 miles per |
| |||||||
| |||||||
1 | hour and no more than 10 miles per hour over the legal | ||||||
2 | speed limit, a civil penalty not exceeding $50, plus an | ||||||
3 | additional penalty of not more than $50 for failure to pay | ||||||
4 | the original penalty in a timely manner; or | ||||||
5 | (2) if the recorded speed is more than 10 miles per | ||||||
6 | hour over the legal speed limit, a civil penalty not | ||||||
7 | exceeding $100, plus an additional penalty of not more than | ||||||
8 | $100 for failure to pay the original penalty in a timely | ||||||
9 | manner. | ||||||
10 | A penalty may not be imposed under this Section if the | ||||||
11 | driver of the motor vehicle received a Uniform Traffic Citation | ||||||
12 | from a police officer for a speeding violation occurring within | ||||||
13 | one-eighth of a mile and 15 minutes of the violation that was | ||||||
14 | recorded by the system. A violation for which a civil penalty | ||||||
15 | is imposed
under this Section is not a violation of a traffic | ||||||
16 | regulation governing
the movement of vehicles and may not be | ||||||
17 | recorded on the driving record
of the owner of the vehicle. A | ||||||
18 | law enforcement officer is not required to be present or to | ||||||
19 | witness the violation. No penalty may be imposed under this | ||||||
20 | Section if the recorded speed of a vehicle is 5 miles per hour | ||||||
21 | or less over the legal speed limit. The municipality may send, | ||||||
22 | in the same manner that notices are sent under this Section, a | ||||||
23 | speed violation warning notice where the violation involves a | ||||||
24 | speed of 5 miles per hour or less above the legal speed limit. | ||||||
25 | (d) The net proceeds that a municipality receives from | ||||||
26 | civil penalties imposed under an automated speed enforcement |
| |||||||
| |||||||
1 | system, after deducting all non-personnel and personnel costs | ||||||
2 | associated with the operation and maintenance of such system, | ||||||
3 | shall be expended or obligated by the municipality for the | ||||||
4 | following purposes: | ||||||
5 | (i) public safety initiatives to ensure safe passage | ||||||
6 | around schools, and to provide police protection and | ||||||
7 | surveillance around schools and parks, including but not | ||||||
8 | limited to:
(1) personnel costs; and
(2) non-personnel | ||||||
9 | costs such as construction and maintenance of public safety | ||||||
10 | infrastructure and equipment; | ||||||
11 | (ii) initiatives to improve pedestrian and traffic | ||||||
12 | safety; | ||||||
13 | (iii) construction and maintenance of infrastructure | ||||||
14 | within the municipality, including but not limited to roads | ||||||
15 | and bridges; and | ||||||
16 | (iv) after school programs. | ||||||
17 | (e) For each violation of a provision of this Code or a | ||||||
18 | local ordinance
recorded by an automated speed enforcement | ||||||
19 | system, the municipality having
jurisdiction shall issue a | ||||||
20 | written notice of the
violation to the registered owner of the | ||||||
21 | vehicle as the alleged
violator. The notice shall be delivered | ||||||
22 | to the registered
owner of the vehicle, by mail, within 30 days | ||||||
23 | after the Secretary of State notifies the municipality of the | ||||||
24 | identity of the owner of the vehicle, but in no event later | ||||||
25 | than 90 days after the violation. | ||||||
26 | (f) The notice required under subsection (e) of this |
| |||||||
| |||||||
1 | Section shall include: | ||||||
2 | (1) the name and address of the registered owner of the
| ||||||
3 | vehicle; | ||||||
4 | (2) the registration number of the motor vehicle
| ||||||
5 | involved in the violation; | ||||||
6 | (3) the violation charged; | ||||||
7 | (4) the date, time, and location where the violation | ||||||
8 | occurred; | ||||||
9 | (5) a copy of the recorded image or images; | ||||||
10 | (6) the amount of the civil penalty imposed and the | ||||||
11 | date
by which the civil penalty should be paid; | ||||||
12 | (7) a statement that recorded images are evidence of a
| ||||||
13 | violation of a speed restriction; | ||||||
14 | (8) a warning that failure to pay the civil penalty or | ||||||
15 | to
contest liability in a timely manner is an admission of
| ||||||
16 | liability and may result in a suspension of the driving
| ||||||
17 | privileges of the registered owner of the vehicle ; | ||||||
18 | (9) a statement that the person may elect to proceed | ||||||
19 | by: | ||||||
20 | (A) paying the fine; or | ||||||
21 | (B) challenging the charge in court, by mail, or by | ||||||
22 | administrative hearing; and | ||||||
23 | (10) a website address, accessible through the
| ||||||
24 | Internet, where the person may view the recorded images of | ||||||
25 | the violation. | ||||||
26 | (g) (Blank). If a person
charged with a traffic violation, |
| |||||||
| |||||||
1 | as a result of an automated speed enforcement system, does not | ||||||
2 | pay the fine or successfully contest the civil
penalty | ||||||
3 | resulting from that violation, the Secretary of State shall | ||||||
4 | suspend the
driving privileges of the
registered owner of the | ||||||
5 | vehicle under Section 6-306.5 of this Code for failing
to pay | ||||||
6 | any fine or penalty
due and owing, or both, as a result of a | ||||||
7 | combination of 5 violations of the automated speed enforcement | ||||||
8 | system or the automated traffic law under Section 11-208.6 of | ||||||
9 | this Code. | ||||||
10 | (h) Based on inspection of recorded images produced by an
| ||||||
11 | automated speed enforcement system, a notice alleging that the | ||||||
12 | violation occurred shall be evidence of the facts contained
in | ||||||
13 | the notice and admissible in any proceeding alleging a
| ||||||
14 | violation under this Section. | ||||||
15 | (i) Recorded images made by an automated speed
enforcement | ||||||
16 | system are confidential and shall be made
available only to the | ||||||
17 | alleged violator and governmental and
law enforcement agencies | ||||||
18 | for purposes of adjudicating a
violation of this Section, for | ||||||
19 | statistical purposes, or for other governmental purposes. Any | ||||||
20 | recorded image evidencing a
violation of this Section, however, | ||||||
21 | may be admissible in
any proceeding resulting from the issuance | ||||||
22 | of the citation. | ||||||
23 | (j) The court or hearing officer may consider in defense of | ||||||
24 | a violation: | ||||||
25 | (1) that the motor vehicle or registration plates or | ||||||
26 | digital registration plates of the motor
vehicle were |
| |||||||
| |||||||
1 | stolen before the violation occurred and not
under the | ||||||
2 | control or in the possession of the owner at
the time of | ||||||
3 | the violation; | ||||||
4 | (2) that the driver of the motor vehicle received a | ||||||
5 | Uniform Traffic Citation from a police officer for a | ||||||
6 | speeding violation occurring within one-eighth of a mile | ||||||
7 | and 15 minutes of the violation that was recorded by the | ||||||
8 | system; and | ||||||
9 | (3) any other evidence or issues provided by municipal | ||||||
10 | ordinance. | ||||||
11 | (k) To demonstrate that the motor vehicle or the | ||||||
12 | registration
plates or digital registration plates were stolen | ||||||
13 | before the violation occurred and were not under the
control or | ||||||
14 | possession of the owner at the time of the violation, the
owner | ||||||
15 | must submit proof that a report concerning the stolen
motor | ||||||
16 | vehicle or registration plates was filed with a law enforcement | ||||||
17 | agency in a timely manner. | ||||||
18 | (l) A roadway equipped with an automated speed enforcement | ||||||
19 | system shall be posted with a sign conforming to the national | ||||||
20 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
21 | approaching traffic stating that vehicle speeds are being | ||||||
22 | photo-enforced and indicating the speed limit. The | ||||||
23 | municipality shall install such additional signage as it | ||||||
24 | determines is necessary to give reasonable notice to drivers as | ||||||
25 | to where automated speed enforcement systems are installed. | ||||||
26 | (m) A roadway where a new automated speed enforcement |
| |||||||
| |||||||
1 | system is installed shall be posted with signs providing 30 | ||||||
2 | days notice of the use of a new automated speed enforcement | ||||||
3 | system prior to the issuance of any citations through the | ||||||
4 | automated speed enforcement system. | ||||||
5 | (n) The compensation paid for an automated speed | ||||||
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 | (o) (Blank). A municipality shall make a certified report | ||||||
11 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
12 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
13 | any
fine or penalty due and owing as a result of a combination | ||||||
14 | of 5 offenses for automated speed or traffic law enforcement | ||||||
15 | system violations. | ||||||
16 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
17 | to a written lease agreement shall be liable for an automated | ||||||
18 | speed or traffic law enforcement system violation involving | ||||||
19 | such motor vehicle during the period of the lease; provided | ||||||
20 | that upon the request of the appropriate authority received | ||||||
21 | within 120 days after the violation occurred, the lessor | ||||||
22 | provides within 60 days after such receipt the name and address | ||||||
23 | of the lessee. The drivers license number of a lessee may be | ||||||
24 | subsequently individually requested by the appropriate | ||||||
25 | authority if needed for enforcement of this Section. | ||||||
26 | Upon the provision of information by the lessor pursuant to |
| |||||||
| |||||||
1 | this subsection, the municipality may issue the violation to | ||||||
2 | the lessee of the vehicle in the same manner as it would issue | ||||||
3 | a violation to a registered owner of a vehicle pursuant to this | ||||||
4 | Section, and the lessee may be held liable for the violation. | ||||||
5 | (q) A municipality using an automated speed enforcement | ||||||
6 | system must provide notice to drivers by publishing the | ||||||
7 | locations of all safety zones where system equipment is | ||||||
8 | installed on the website of the municipality. | ||||||
9 | (r) A municipality operating an automated speed | ||||||
10 | enforcement system shall conduct a statistical analysis to | ||||||
11 | assess the safety impact of the system. The statistical | ||||||
12 | analysis shall be based upon the best available crash, traffic, | ||||||
13 | and other data, and shall cover a period of time before and | ||||||
14 | after installation of the system sufficient to provide a | ||||||
15 | statistically valid comparison of safety impact. The | ||||||
16 | statistical analysis shall be consistent with professional | ||||||
17 | judgment and acceptable industry practice. The statistical | ||||||
18 | analysis also shall be consistent with the data required for | ||||||
19 | valid comparisons of before and after conditions and shall be | ||||||
20 | conducted within a reasonable period following the | ||||||
21 | installation of the automated traffic law enforcement system. | ||||||
22 | The statistical analysis required by this subsection shall be | ||||||
23 | made available to the public and shall be published on the | ||||||
24 | website of the municipality. | ||||||
25 | (s) This Section applies only to municipalities with a | ||||||
26 | population of 1,000,000 or more inhabitants.
|
| |||||||
| |||||||
1 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
2 | (625 ILCS 5/11-208.9) | ||||||
3 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
4 | approaching, overtaking, and passing a school bus. | ||||||
5 | (a) As used in this Section, "automated traffic law | ||||||
6 | enforcement
system" means a device with one or more motor | ||||||
7 | vehicle sensors working
in conjunction with the visual signals | ||||||
8 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
9 | this Code, to produce recorded images of
motor vehicles that | ||||||
10 | fail to stop before meeting or overtaking, from either | ||||||
11 | direction, any school bus stopped at any location for the | ||||||
12 | purpose of receiving or discharging pupils in violation of | ||||||
13 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
14 | ordinance. | ||||||
15 | An
automated traffic law enforcement system is a system, in | ||||||
16 | a municipality or
county operated by a
governmental agency, | ||||||
17 | that
produces a recorded image of a motor vehicle's
violation | ||||||
18 | of a provision of this Code or a local ordinance
and is | ||||||
19 | designed to obtain a clear recorded image of the
vehicle and | ||||||
20 | the vehicle's license plate. The recorded image must also
| ||||||
21 | display the time, date, and location of the violation. | ||||||
22 | (b) As used in this Section, "recorded images" means images
| ||||||
23 | recorded by an automated traffic law enforcement system on: | ||||||
24 | (1) 2 or more photographs; | ||||||
25 | (2) 2 or more microphotographs; |
| |||||||
| |||||||
1 | (3) 2 or more electronic images; or | ||||||
2 | (4) a video recording showing the motor vehicle and, on | ||||||
3 | at
least one image or portion of the recording, clearly | ||||||
4 | identifying the
registration plate or digital registration | ||||||
5 | plate number of the motor vehicle. | ||||||
6 | (c) A municipality or
county that
produces a recorded image | ||||||
7 | of a motor vehicle's
violation of a provision of this Code or a | ||||||
8 | local ordinance must make the recorded images of a violation | ||||||
9 | accessible to the alleged violator by providing the alleged | ||||||
10 | violator with a website address, accessible through the | ||||||
11 | Internet. | ||||||
12 | (d) For each violation of a provision of this Code or a | ||||||
13 | local ordinance
recorded by an automated
traffic law | ||||||
14 | enforcement system, the county or municipality having
| ||||||
15 | jurisdiction shall issue a written notice of the
violation to | ||||||
16 | the registered owner of the vehicle as the alleged
violator. | ||||||
17 | The notice shall be delivered to the registered
owner of the | ||||||
18 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
19 | notifies the municipality or county of the identity of the | ||||||
20 | owner of the vehicle, but in no event later than 90 days after | ||||||
21 | the violation. | ||||||
22 | (e) The notice required under subsection (d) shall include: | ||||||
23 | (1) the name and address of the registered owner of the
| ||||||
24 | vehicle; | ||||||
25 | (2) the registration number of the motor vehicle
| ||||||
26 | involved in the violation; |
| |||||||
| |||||||
1 | (3) the violation charged; | ||||||
2 | (4) the location where the violation occurred; | ||||||
3 | (5) the date and time of the violation; | ||||||
4 | (6) a copy of the recorded images; | ||||||
5 | (7) the amount of the civil penalty imposed and the | ||||||
6 | date
by which the civil penalty should be paid; | ||||||
7 | (8) a statement that recorded images are evidence of a
| ||||||
8 | violation of overtaking or passing a school bus stopped for | ||||||
9 | the purpose of receiving or discharging pupils; | ||||||
10 | (9) a warning that failure to pay the civil penalty or | ||||||
11 | to
contest liability in a timely manner is an admission of
| ||||||
12 | liability and may result in a suspension of the driving
| ||||||
13 | privileges of the registered owner of the vehicle ; | ||||||
14 | (10) a statement that the person may elect to proceed | ||||||
15 | by: | ||||||
16 | (A) paying the fine; or | ||||||
17 | (B) challenging the charge in court, by mail, or by | ||||||
18 | 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 | (f) (Blank). If a person
charged with a traffic violation, | ||||||
23 | as a result of an automated traffic law
enforcement system | ||||||
24 | under this Section, does not pay the fine or successfully | ||||||
25 | contest the civil
penalty resulting from that violation, the | ||||||
26 | Secretary of State shall suspend the
driving privileges of the
|
| |||||||
| |||||||
1 | registered owner of the vehicle under Section 6-306.5 of this | ||||||
2 | Code for failing
to pay any fine or penalty
due and owing as a | ||||||
3 | result of a combination of 5 violations of the automated | ||||||
4 | traffic law
enforcement system or the automated speed | ||||||
5 | enforcement system under Section 11-208.8 of this Code. | ||||||
6 | (g) Based on inspection of recorded images produced by an
| ||||||
7 | automated traffic law enforcement system, a notice alleging | ||||||
8 | that the violation occurred shall be evidence of the facts | ||||||
9 | contained
in the notice and admissible in any proceeding | ||||||
10 | alleging a
violation under this Section. | ||||||
11 | (h) Recorded images made by an automated traffic law
| ||||||
12 | enforcement system are confidential and shall be made
available | ||||||
13 | only to the alleged violator and governmental and
law | ||||||
14 | enforcement agencies for purposes of adjudicating a
violation | ||||||
15 | of this Section, for statistical purposes, or for other | ||||||
16 | governmental purposes. Any recorded image evidencing a
| ||||||
17 | violation of this Section, however, may be admissible in
any | ||||||
18 | proceeding resulting from the issuance of the citation. | ||||||
19 | (i) The court or hearing officer may consider in defense of | ||||||
20 | a violation: | ||||||
21 | (1) that the motor vehicle or registration plates or | ||||||
22 | digital registration plates of the motor
vehicle were | ||||||
23 | stolen before the violation occurred and not
under the | ||||||
24 | control of or in the possession of the owner at
the time of | ||||||
25 | the violation; | ||||||
26 | (2) that the driver of the motor vehicle received a |
| |||||||
| |||||||
1 | Uniform Traffic Citation from a police officer for a | ||||||
2 | violation of Section 11-1414 of this Code within one-eighth | ||||||
3 | of a mile and 15 minutes of the violation that was recorded | ||||||
4 | by the system; | ||||||
5 | (3) that the visual signals required by Sections 12-803 | ||||||
6 | and 12-805 of this Code were damaged, not activated, not | ||||||
7 | present in violation of Sections 12-803 and 12-805, or | ||||||
8 | inoperable; and | ||||||
9 | (4) any other evidence or issues provided by municipal | ||||||
10 | or county ordinance. | ||||||
11 | (j) To demonstrate that the motor vehicle or the | ||||||
12 | registration
plates or digital registration plates were stolen | ||||||
13 | before the violation occurred and were not under the
control or | ||||||
14 | possession of the owner at the time of the violation, the
owner | ||||||
15 | must submit proof that a report concerning the stolen
motor | ||||||
16 | vehicle or registration plates was filed with a law enforcement | ||||||
17 | agency in a timely manner. | ||||||
18 | (k) Unless the driver of the motor vehicle received a | ||||||
19 | Uniform
Traffic Citation from a police officer at the time of | ||||||
20 | the violation,
the motor vehicle owner is subject to a civil | ||||||
21 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
22 | for a second or subsequent violation, plus an additional | ||||||
23 | penalty of not more than $100 for failure to pay the original | ||||||
24 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
25 | an automated traffic law
enforcement system. A violation for | ||||||
26 | which a civil penalty is imposed
under this Section is not a |
| |||||||
| |||||||
1 | violation of a traffic regulation governing
the movement of | ||||||
2 | vehicles and may not be recorded on the driving record
of the | ||||||
3 | owner of the vehicle, but may be recorded by the municipality | ||||||
4 | or county for the purpose of determining if a person is subject | ||||||
5 | to the higher fine for a second or subsequent offense. | ||||||
6 | (l) A school bus equipped with an automated traffic law
| ||||||
7 | enforcement system must be posted with a sign indicating that | ||||||
8 | the school bus is being monitored by an automated
traffic law | ||||||
9 | enforcement system. | ||||||
10 | (m) A municipality or
county that has one or more school | ||||||
11 | buses equipped with an automated traffic law
enforcement system | ||||||
12 | must provide notice to drivers by posting a list of school | ||||||
13 | districts using school buses equipped with an automated traffic | ||||||
14 | law enforcement system on the municipality or county website. | ||||||
15 | School districts that have one or more school buses equipped | ||||||
16 | with an automated traffic law enforcement system must provide | ||||||
17 | notice to drivers by posting that information on their | ||||||
18 | websites. | ||||||
19 | (n) A municipality or county operating an automated traffic | ||||||
20 | law enforcement system shall conduct a statistical analysis to | ||||||
21 | assess the safety impact in each school district using school | ||||||
22 | buses equipped with an automated traffic law enforcement system | ||||||
23 | following installation of the system. The statistical analysis | ||||||
24 | shall be based upon the best available crash, traffic, and | ||||||
25 | other data, and shall cover a period of time before and after | ||||||
26 | installation of the system sufficient to provide a |
| |||||||
| |||||||
1 | statistically valid comparison of safety impact. The | ||||||
2 | statistical analysis shall be consistent with professional | ||||||
3 | judgment and acceptable industry practice. The statistical | ||||||
4 | analysis also shall be consistent with the data required for | ||||||
5 | valid comparisons of before and after conditions and shall be | ||||||
6 | conducted within a reasonable period following the | ||||||
7 | installation of the automated traffic law enforcement system. | ||||||
8 | The statistical analysis required by this subsection shall be | ||||||
9 | made available to the public and shall be published on the | ||||||
10 | website of the municipality or county. If the statistical | ||||||
11 | analysis for the 36-month period following installation of the | ||||||
12 | system indicates that there has been an increase in the rate of | ||||||
13 | accidents at the approach to school buses monitored by the | ||||||
14 | system, the municipality or county shall undertake additional | ||||||
15 | studies to determine the cause and severity of the accidents, | ||||||
16 | and may take any action that it determines is necessary or | ||||||
17 | appropriate to reduce the number or severity of the accidents | ||||||
18 | involving school buses equipped with an automated traffic law | ||||||
19 | enforcement system. | ||||||
20 | (o) The compensation paid for an automated traffic law | ||||||
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 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
26 | to a written lease agreement shall be liable for an automated |
| |||||||
| |||||||
1 | speed or traffic law enforcement system violation involving | ||||||
2 | such motor vehicle during the period of the lease; provided | ||||||
3 | that upon the request of the appropriate authority received | ||||||
4 | within 120 days after the violation occurred, the lessor | ||||||
5 | provides within 60 days after such receipt the name and address | ||||||
6 | of the lessee. The drivers license number of a lessee may be | ||||||
7 | subsequently individually requested by the appropriate | ||||||
8 | authority if needed for enforcement of this Section. | ||||||
9 | Upon the provision of information by the lessor pursuant to | ||||||
10 | this subsection, the county or municipality may issue the | ||||||
11 | violation to the lessee of the vehicle in the same manner as it | ||||||
12 | would issue a violation to a registered owner of a vehicle | ||||||
13 | pursuant to this Section, and the lessee may be held liable for | ||||||
14 | the violation. | ||||||
15 | (q) (Blank). A municipality or county shall make a | ||||||
16 | certified report to the Secretary of State pursuant to Section | ||||||
17 | 6-306.5 of this Code whenever a registered owner of a vehicle | ||||||
18 | has failed to pay any
fine or penalty due and owing as a result | ||||||
19 | of a combination of 5 offenses for automated traffic
law or | ||||||
20 | speed enforcement system violations. | ||||||
21 | (r) After a municipality or county enacts an ordinance | ||||||
22 | providing for automated traffic law enforcement systems under | ||||||
23 | this Section, each school district within that municipality or | ||||||
24 | county's jurisdiction may implement an automated traffic law | ||||||
25 | enforcement system under this Section. The elected school board | ||||||
26 | for that district must approve the implementation of an |
| |||||||
| |||||||
1 | automated traffic law enforcement system. The school district | ||||||
2 | shall be responsible for entering into a contract, approved by | ||||||
3 | the elected school board of that district, with vendors for the | ||||||
4 | installation, maintenance, and operation of the automated | ||||||
5 | traffic law enforcement system. The school district must enter | ||||||
6 | into an intergovernmental agreement, approved by the elected | ||||||
7 | school board of that district, with the municipality or county | ||||||
8 | with jurisdiction over that school district for the | ||||||
9 | administration of the automated traffic law enforcement | ||||||
10 | system. The proceeds from a school district's automated traffic | ||||||
11 | law enforcement system's fines shall be divided equally between | ||||||
12 | the school district and the municipality or county | ||||||
13 | administering the automated traffic law enforcement system.
| ||||||
14 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
15 | (625 ILCS 5/11-1201.1)
| ||||||
16 | Sec. 11-1201.1. Automated Railroad Crossing Enforcement | ||||||
17 | System.
| ||||||
18 | (a) For the purposes of this Section, an automated railroad | ||||||
19 | grade crossing
enforcement system is a system in a municipality | ||||||
20 | or county operated by a governmental agency that produces a | ||||||
21 | recorded image of a motor vehicle's violation of a provision of | ||||||
22 | this Code or local ordinance and is designed to obtain a clear | ||||||
23 | recorded image of the vehicle and vehicle's license plate. The | ||||||
24 | recorded image must also display the time, date, and location | ||||||
25 | of the violation. |
| |||||||
| |||||||
1 | As used in this Section, "recorded images" means images | ||||||
2 | recorded by an automated railroad grade crossing enforcement | ||||||
3 | system on: | ||||||
4 | (1) 2 or more photographs; | ||||||
5 | (2) 2 or more microphotographs; | ||||||
6 | (3) 2 or more electronic images; or | ||||||
7 | (4) a video recording showing the motor vehicle and, on | ||||||
8 | at least one image or portion of the recording, clearly | ||||||
9 | identifying the registration plate or digital registration | ||||||
10 | plate number of the motor vehicle.
| ||||||
11 | (b) The Illinois
Commerce Commission may, in cooperation | ||||||
12 | with a
local law enforcement agency, establish in any county or | ||||||
13 | municipality an automated
railroad grade crossing enforcement | ||||||
14 | system at any railroad grade crossing equipped with a crossing | ||||||
15 | gate designated by local authorities. Local authorities | ||||||
16 | desiring the establishment of an automated railroad crossing | ||||||
17 | enforcement system must initiate the process by enacting a | ||||||
18 | local ordinance requesting the creation of such a system. After | ||||||
19 | the ordinance has been enacted, and before any additional steps | ||||||
20 | toward the establishment of the system are undertaken, the | ||||||
21 | local authorities and the Commission must agree to a plan for | ||||||
22 | obtaining, from any combination of federal, State, and local | ||||||
23 | funding sources, the moneys required for the purchase and | ||||||
24 | installation of any necessary equipment.
| ||||||
25 | (b-1) (Blank.)
| ||||||
26 | (c) For each violation of Section 11-1201 of this Code or a |
| |||||||
| |||||||
1 | local ordinance recorded by an automated railroad grade | ||||||
2 | crossing enforcement system, the county or municipality having | ||||||
3 | jurisdiction shall issue a written notice of the violation to | ||||||
4 | the registered owner of the vehicle as the alleged violator. | ||||||
5 | The notice shall be delivered to the registered owner of the | ||||||
6 | vehicle, by mail, no later than 90 days after the violation. | ||||||
7 | The notice shall include: | ||||||
8 | (1) the name and address of the registered owner of the | ||||||
9 | vehicle; | ||||||
10 | (2) the registration number of the motor vehicle | ||||||
11 | involved in the violation; | ||||||
12 | (3) the violation charged; | ||||||
13 | (4) the location where the violation occurred; | ||||||
14 | (5) the date and time of the violation; | ||||||
15 | (6) a copy of the recorded images; | ||||||
16 | (7) the amount of the civil penalty imposed and the | ||||||
17 | date by which the civil penalty should be paid; | ||||||
18 | (8) a statement that recorded images are evidence of a | ||||||
19 | violation of a railroad grade crossing; | ||||||
20 | (9) a warning that failure to pay the civil penalty or | ||||||
21 | to contest liability in a timely manner is an admission of | ||||||
22 | liability and may result in a suspension of the driving | ||||||
23 | privileges of the registered owner of the vehicle ; and | ||||||
24 | (10) a statement that the person may elect to proceed | ||||||
25 | by: | ||||||
26 | (A) paying the fine; or |
| |||||||
| |||||||
1 | (B) challenging the charge in court, by mail, or by | ||||||
2 | administrative hearing.
| ||||||
3 | (d) (Blank). If a person charged with a traffic violation, | ||||||
4 | as a result of an automated railroad grade crossing enforcement | ||||||
5 | system, does not pay or successfully contest the civil penalty | ||||||
6 | resulting from that violation, the Secretary of State shall | ||||||
7 | suspend the driving privileges of the registered owner of the | ||||||
8 | vehicle under Section 6-306.5 of this Code for failing to pay | ||||||
9 | any fine or penalty due and owing as a result of 5 violations | ||||||
10 | of the automated railroad grade crossing enforcement system.
| ||||||
11 | (d-1) (Blank.)
| ||||||
12 | (d-2) (Blank.)
| ||||||
13 | (e) Based on inspection of recorded images produced by an | ||||||
14 | automated railroad grade crossing enforcement system, a notice | ||||||
15 | alleging that the violation occurred shall be evidence of the | ||||||
16 | facts contained in the notice and admissible in any proceeding | ||||||
17 | alleging a violation under this Section.
| ||||||
18 | (e-1) Recorded images made by an automated railroad grade | ||||||
19 | crossing enforcement system are confidential and shall be made | ||||||
20 | available only to the alleged violator and governmental and law | ||||||
21 | enforcement agencies for purposes of adjudicating a violation | ||||||
22 | of this Section, for statistical purposes, or for other | ||||||
23 | governmental purposes. Any recorded image evidencing a | ||||||
24 | violation of this Section, however, may be admissible in any | ||||||
25 | proceeding resulting from the issuance of the citation.
| ||||||
26 | (e-2) The court or hearing officer may consider the |
| |||||||
| |||||||
1 | following in the defense of a violation:
| ||||||
2 | (1) that the motor vehicle or registration plates or | ||||||
3 | digital registration plates of the motor vehicle were | ||||||
4 | stolen before the violation occurred and not under the | ||||||
5 | control of or in the possession of the owner at the time of | ||||||
6 | the violation;
| ||||||
7 | (2) that the driver of the motor vehicle received a | ||||||
8 | Uniform Traffic Citation from a police officer at the time | ||||||
9 | of the violation for the same offense; | ||||||
10 | (3) any other evidence or issues provided by municipal | ||||||
11 | or county ordinance. | ||||||
12 | (e-3) To demonstrate that the motor vehicle or the | ||||||
13 | registration plates or digital registration plates were stolen | ||||||
14 | before the violation occurred and were not under the control or | ||||||
15 | possession of the owner at the time of the violation, the owner | ||||||
16 | must submit proof that a report concerning the stolen motor | ||||||
17 | vehicle or registration plates was filed with a law enforcement | ||||||
18 | agency in a timely manner.
| ||||||
19 | (f) Rail crossings equipped with an automatic railroad | ||||||
20 | grade crossing
enforcement system shall be posted with a sign | ||||||
21 | visible to approaching traffic
stating that the railroad grade | ||||||
22 | crossing is being monitored, that citations
will be issued, and | ||||||
23 | the amount of the fine for violation.
| ||||||
24 | (g) The compensation paid for an automated railroad grade | ||||||
25 | crossing enforcement system must be based on the value of the | ||||||
26 | equipment or the services provided and may not be based on the |
| |||||||
| |||||||
1 | number of citations issued or the revenue generated by the | ||||||
2 | system.
| ||||||
3 | (h) (Blank.)
| ||||||
4 | (i) If any part or parts of this Section are held by a | ||||||
5 | court of competent
jurisdiction to be unconstitutional, the | ||||||
6 | unconstitutionality shall not affect
the validity of the | ||||||
7 | remaining parts of this Section. The General Assembly
hereby | ||||||
8 | declares that it would have passed the remaining parts of this | ||||||
9 | Section
if it had known that the other part or parts of this | ||||||
10 | Section would be declared
unconstitutional.
| ||||||
11 | (j) Penalty. A civil fine of
$250 shall be imposed for a | ||||||
12 | first violation of this Section, and a civil fine of $500 shall | ||||||
13 | be
imposed for a second or subsequent violation of this | ||||||
14 | Section.
| ||||||
15 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
16 | (625 ILCS 5/4-214.1 rep.) | ||||||
17 | (625 ILCS 5/6-306.5 rep.) | ||||||
18 | (625 ILCS 5/6-306.6 rep.) | ||||||
19 | Section 10-193. The Illinois Vehicle Code is amended by | ||||||
20 | repealing Sections 4-214.1, 6-306.5, and 6-306.6.
| ||||||
21 | Section 10-195. The Snowmobile Registration and Safety Act | ||||||
22 | is amended by changing Section 5-7 as follows:
| ||||||
23 | (625 ILCS 40/5-7)
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, blood, | ||||||
5 | 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 |
| |||||||
| |||||||
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 or | ||||||
17 | permanent disability or disfigurement,
when the violation | ||||||
18 | was a proximate cause of the injuries.
A person guilty of a | ||||||
19 | Class 4 felony under this paragraph 2, if sentenced to a
| ||||||
20 | term of imprisonment, shall be sentenced to not less than | ||||||
21 | 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.
|
| |||||||
| |||||||
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 a | ||||||
8 | 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 expense
| ||||||
20 | of an emergency response as provided in subsection (i) of | ||||||
21 | Section 11-501.01 of the Illinois Vehicle Code.
| ||||||
22 | (e-3) In addition to any other penalties and liabilities, a | ||||||
23 | person who is
found guilty of violating this Section, including | ||||||
24 | any person placed on court
supervision, shall be fined $100, | ||||||
25 | payable to the circuit clerk, who shall
distribute the money to | ||||||
26 | the law enforcement agency that made the arrest. In the
event |
| |||||||
| |||||||
1 | that more than one agency is responsible for the arrest, the | ||||||
2 | $100
shall be shared equally. Any moneys received by a law | ||||||
3 | enforcement agency under
this subsection (e-3) shall be used to | ||||||
4 | purchase law enforcement equipment or to
provide law | ||||||
5 | enforcement training that will assist in the prevention of | ||||||
6 | alcohol
related criminal violence throughout the State. Law | ||||||
7 | enforcement equipment shall
include, but is not limited to, | ||||||
8 | in-car video cameras, radar and laser speed
detection devices, | ||||||
9 | and alcohol breath testers.
| ||||||
10 | (f) In addition to any criminal penalties imposed, the
| ||||||
11 | Department of Natural Resources shall suspend the
snowmobile | ||||||
12 | operation privileges of
a person convicted or found guilty of a | ||||||
13 | misdemeanor under this
Section for a period of one
year, except | ||||||
14 | that first-time offenders are exempt from
this mandatory one | ||||||
15 | year suspension.
| ||||||
16 | (g) In addition to any criminal penalties imposed, the | ||||||
17 | Department of Natural
Resources shall suspend for a period of 5 | ||||||
18 | years the snowmobile operation
privileges of any person | ||||||
19 | convicted or found guilty of a felony under this
Section.
| ||||||
20 | (Source: P.A. 99-697, eff. 7-29-16; 100-201, eff. 8-18-17.)
| ||||||
21 | Section 10-200. The Clerks of Courts Act is amended by | ||||||
22 | changing Section 27.3b as follows:
| ||||||
23 | (705 ILCS 105/27.3b) (from Ch. 25, par. 27.3b)
| ||||||
24 | Sec. 27.3b. The clerk of court may accept payment of fines, |
| |||||||
| |||||||
1 | penalties,
or costs
by credit card
or debit card
approved by | ||||||
2 | the clerk from an offender who has been
convicted of or placed | ||||||
3 | on court supervision for a traffic
offense, petty offense, | ||||||
4 | ordinance offense, or misdemeanor or who has been
convicted of | ||||||
5 | a felony offense. The clerk of the circuit court may accept
| ||||||
6 | credit card payments over the Internet for fines, penalties, or | ||||||
7 | costs from
offenders on voluntary electronic pleas of guilty in | ||||||
8 | minor traffic and
conservation offenses to satisfy the | ||||||
9 | requirement of written pleas of guilty as
provided in Illinois | ||||||
10 | Supreme Court Rule 529. The clerk of the court may also
accept
| ||||||
11 | payment of statutory fees by a credit card or debit card.
The | ||||||
12 | clerk of the court may
also accept the credit card
or debit | ||||||
13 | card
for the 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 clerk | ||||||
20 | of the circuit court is authorized
to enter into contracts with | ||||||
21 | third party fund guarantors, facilitators, and
service | ||||||
22 | providers under which those entities may contract directly with
| ||||||
23 | customers of
the clerk of the circuit court and guarantee and | ||||||
24 | remit the payments to the
clerk of the circuit court. Where the
| ||||||
25 | offender pays fines, penalties, or costs by credit card or | ||||||
26 | debit card or through a third party fund guarantor, |
| |||||||
| |||||||
1 | facilitator, or service
provider,
or anyone paying
statutory | ||||||
2 | fees of
the circuit court clerk or the posting of cash bail , | ||||||
3 | the clerk shall
collect a service fee of up to $5 or the amount | ||||||
4 | charged to the clerk for use of
its services by
the credit card | ||||||
5 | or debit card issuer, third party fund guarantor,
facilitator, | ||||||
6 | or service provider. This service fee shall be
in addition to | ||||||
7 | any other fines, penalties, or
costs. The clerk of the circuit | ||||||
8 | court is authorized to negotiate the
assessment of convenience | ||||||
9 | and administrative fees by the third party fund
guarantors, | ||||||
10 | facilitators, and service providers with the revenue earned by | ||||||
11 | the
clerk of the circuit court to be remitted
to the
county | ||||||
12 | general revenue fund.
| ||||||
13 | (Source: P.A. 95-331, eff. 8-21-07.)
| ||||||
14 | Section 10-205. The Attorney Act is amended by changing | ||||||
15 | Section 9 as follows:
| ||||||
16 | (705 ILCS 205/9) (from Ch. 13, par. 9)
| ||||||
17 | Sec. 9.
All attorneys and counselors at law, judges, clerks | ||||||
18 | and sheriffs,
and all other officers of the several courts | ||||||
19 | within this state, shall be
liable to be arrested and held to | ||||||
20 | terms of pretrial release bail , and shall be subject to the | ||||||
21 | same
legal process, and may in all respects be prosecuted and | ||||||
22 | proceeded against
in the same courts and in the same manner as | ||||||
23 | other persons are, any law,
usage or custom to the contrary | ||||||
24 | notwithstanding: Provided, nevertheless,
said judges, |
| |||||||
| |||||||
1 | counselors or attorneys, clerks, sheriffs and other officers
of | ||||||
2 | said courts, shall be privileged from arrest while attending | ||||||
3 | courts, and
whilst going to and returning from court.
| ||||||
4 | (Source: R.S. 1874, p. 169 .)
| ||||||
5 | Section 10-210. The Juvenile Court Act of 1987 is amended | ||||||
6 | by changing Sections 1-7, 1-8, and 5-150 as follows:
| ||||||
7 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| ||||||
8 | Sec. 1-7. Confidentiality of juvenile law enforcement and | ||||||
9 | municipal ordinance violation records.
| ||||||
10 | (A) All juvenile law enforcement records which have not | ||||||
11 | been expunged are confidential and may never be disclosed to | ||||||
12 | the general public or otherwise made widely available. Juvenile | ||||||
13 | law enforcement records may be obtained only under this Section | ||||||
14 | and Section 1-8 and Part 9 of Article V of this Act, when their | ||||||
15 | use is needed for good cause and with an order from the | ||||||
16 | juvenile court, as required by those not authorized to retain | ||||||
17 | them. Inspection, copying, and disclosure of juvenile law | ||||||
18 | enforcement records maintained by law
enforcement agencies or | ||||||
19 | records of municipal ordinance violations maintained by any | ||||||
20 | State, local, or municipal agency that relate to a minor who | ||||||
21 | has been investigated, arrested, or taken
into custody before | ||||||
22 | his or her 18th birthday shall be restricted to the
following:
| ||||||
23 | (0.05) The minor who is the subject of the juvenile law | ||||||
24 | enforcement record, his or her parents, guardian, and |
| |||||||
| |||||||
1 | counsel. | ||||||
2 | (0.10) Judges of the circuit court and members of the | ||||||
3 | staff of the court designated by the judge. | ||||||
4 | (0.15) An administrative adjudication hearing officer | ||||||
5 | or members of the staff designated to assist in the | ||||||
6 | administrative adjudication process. | ||||||
7 | (1) Any local, State, or federal law enforcement | ||||||
8 | officers or designated law enforcement staff of any
| ||||||
9 | jurisdiction or agency when necessary for the discharge of | ||||||
10 | their official
duties during the investigation or | ||||||
11 | prosecution of a crime or relating to a
minor who has been | ||||||
12 | adjudicated delinquent and there has been a previous | ||||||
13 | finding
that the act which constitutes the previous offense | ||||||
14 | was committed in
furtherance of criminal activities by a | ||||||
15 | criminal street gang, or, when necessary for the discharge | ||||||
16 | of its official duties in connection with a particular | ||||||
17 | investigation of the conduct of a law enforcement officer, | ||||||
18 | an independent agency or its staff created by ordinance and | ||||||
19 | charged by a unit of local government with the duty of | ||||||
20 | investigating the conduct of law enforcement officers. For | ||||||
21 | purposes of
this Section, "criminal street gang" has the | ||||||
22 | meaning ascribed to it in
Section 10 of the Illinois | ||||||
23 | Streetgang Terrorism Omnibus Prevention Act.
| ||||||
24 | (2) Prosecutors, public defenders, probation officers, | ||||||
25 | social workers, or other
individuals assigned by the court | ||||||
26 | to conduct a pre-adjudication or
pre-disposition |
| |||||||
| |||||||
1 | investigation, and individuals responsible for supervising
| ||||||
2 | or providing temporary or permanent care and custody for | ||||||
3 | minors under
the order of the juvenile court, when | ||||||
4 | essential to performing their
responsibilities.
| ||||||
5 | (3) Federal, State, or local prosecutors, public | ||||||
6 | defenders, probation officers, and designated staff:
| ||||||
7 | (a) in the course of a trial when institution of | ||||||
8 | criminal proceedings
has been permitted or required | ||||||
9 | under Section 5-805;
| ||||||
10 | (b) when institution of criminal proceedings has | ||||||
11 | been permitted or required under Section 5-805 and the | ||||||
12 | minor is the
subject
of a proceeding to determine the | ||||||
13 | conditions of pretrial release amount of bail ;
| ||||||
14 | (c) when criminal proceedings have been permitted
| ||||||
15 | or
required under Section 5-805 and the minor is the | ||||||
16 | subject of a
pre-trial
investigation, pre-sentence | ||||||
17 | investigation, fitness hearing, or proceedings
on an | ||||||
18 | application for probation; or
| ||||||
19 | (d) in the course of prosecution or administrative | ||||||
20 | adjudication of a violation of a traffic, boating, or | ||||||
21 | fish and game law, or a county or municipal ordinance. | ||||||
22 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
23 | (5) Authorized military personnel.
| ||||||
24 | (5.5) Employees of the federal government authorized | ||||||
25 | by law. | ||||||
26 | (6) Persons engaged in bona fide research, with the |
| |||||||
| |||||||
1 | permission of the
Presiding Judge and the chief executive | ||||||
2 | of the respective
law enforcement agency; provided that | ||||||
3 | publication of such research results
in no disclosure of a | ||||||
4 | minor's identity and protects the confidentiality
of the | ||||||
5 | minor's record.
| ||||||
6 | (7) Department of Children and Family Services child | ||||||
7 | protection
investigators acting in their official | ||||||
8 | capacity.
| ||||||
9 | (8) The appropriate school official only if the agency | ||||||
10 | or officer believes that there is an imminent threat of | ||||||
11 | physical harm to students, school personnel, or others who | ||||||
12 | are present in the school or on school grounds. | ||||||
13 | (A) Inspection and copying
shall be limited to | ||||||
14 | juvenile law enforcement records transmitted to the | ||||||
15 | appropriate
school official or officials whom the | ||||||
16 | school has determined to have a legitimate educational | ||||||
17 | or safety interest by a local law enforcement agency | ||||||
18 | under a reciprocal reporting
system established and | ||||||
19 | maintained between the school district and the local | ||||||
20 | law
enforcement agency under Section 10-20.14 of the | ||||||
21 | School Code concerning a minor
enrolled in a school | ||||||
22 | within the school district who has been arrested or | ||||||
23 | taken
into custody for any of the following offenses:
| ||||||
24 | (i) any violation of Article 24 of the Criminal | ||||||
25 | Code of
1961 or the Criminal Code of 2012;
| ||||||
26 | (ii) a violation of the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act;
| ||||||
2 | (iii) a violation of the Cannabis Control Act;
| ||||||
3 | (iv) a forcible felony as defined in Section | ||||||
4 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
5 | Code of 2012; | ||||||
6 | (v) a violation of the Methamphetamine Control | ||||||
7 | and Community Protection Act;
| ||||||
8 | (vi) a violation of Section 1-2 of the | ||||||
9 | Harassing and Obscene Communications Act; | ||||||
10 | (vii) a violation of the Hazing Act; or | ||||||
11 | (viii) a violation of Section 12-1, 12-2, | ||||||
12 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
13 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
15 | The information derived from the juvenile law | ||||||
16 | enforcement records shall be kept separate from and | ||||||
17 | shall not become a part of the official school record | ||||||
18 | of that child and shall not be a public record. The | ||||||
19 | information shall be used solely by the appropriate | ||||||
20 | school official or officials whom the school has | ||||||
21 | determined to have a legitimate educational or safety | ||||||
22 | interest to aid in the proper rehabilitation of the | ||||||
23 | child and to protect the safety of students and | ||||||
24 | employees in the school. If the designated law | ||||||
25 | enforcement and school officials deem it to be in the | ||||||
26 | best interest of the minor, the student may be referred |
| |||||||
| |||||||
1 | to in-school or community-based social services if | ||||||
2 | those services are available. "Rehabilitation | ||||||
3 | services" may include interventions by school support | ||||||
4 | personnel, evaluation for eligibility for special | ||||||
5 | education, referrals to community-based agencies such | ||||||
6 | as youth services, behavioral healthcare service | ||||||
7 | providers, drug and alcohol prevention or treatment | ||||||
8 | programs, and other interventions as deemed | ||||||
9 | appropriate for the student. | ||||||
10 | (B) Any information provided to appropriate school | ||||||
11 | officials whom the school has determined to have a | ||||||
12 | legitimate educational or safety interest by local law | ||||||
13 | enforcement officials about a minor who is the subject | ||||||
14 | of a current police investigation that is directly | ||||||
15 | related to school safety shall consist of oral | ||||||
16 | information only, and not written juvenile law | ||||||
17 | enforcement records, and shall be used solely by the | ||||||
18 | appropriate school official or officials to protect | ||||||
19 | the safety of students and employees in the school and | ||||||
20 | aid in the proper rehabilitation of the child. The | ||||||
21 | information derived orally from the local law | ||||||
22 | enforcement officials shall be kept separate from and | ||||||
23 | shall not become a part of the official school record | ||||||
24 | of the child and shall not be a public record. This | ||||||
25 | limitation on the use of information about a minor who | ||||||
26 | is the subject of a current police investigation shall |
| |||||||
| |||||||
1 | in no way limit the use of this information by | ||||||
2 | prosecutors in pursuing criminal charges arising out | ||||||
3 | of the information disclosed during a police | ||||||
4 | investigation of the minor. For purposes of this | ||||||
5 | paragraph, "investigation" means an official | ||||||
6 | systematic inquiry by a law enforcement agency into | ||||||
7 | actual or suspected criminal activity. | ||||||
8 | (9) Mental health professionals on behalf of the | ||||||
9 | Department of
Corrections or the Department of Human | ||||||
10 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
11 | or investigating a potential or actual petition
brought
| ||||||
12 | under the Sexually Violent Persons Commitment Act relating | ||||||
13 | to a person who is
the
subject of juvenile law enforcement | ||||||
14 | records or the respondent to a petition
brought under the | ||||||
15 | Sexually Violent Persons Commitment Act who is the subject | ||||||
16 | of
the
juvenile law enforcement records sought.
Any | ||||||
17 | juvenile law enforcement records and any information | ||||||
18 | obtained from those juvenile law enforcement records under | ||||||
19 | this
paragraph (9) may be used only in sexually violent | ||||||
20 | persons commitment
proceedings.
| ||||||
21 | (10) The president of a park district. Inspection and | ||||||
22 | copying shall be limited to juvenile law enforcement | ||||||
23 | records transmitted to the president of the park district | ||||||
24 | by the Department of State Police under Section 8-23 of the | ||||||
25 | Park District Code or Section 16a-5 of the Chicago Park | ||||||
26 | District Act concerning a person who is seeking employment |
| |||||||
| |||||||
1 | with that park district and who has been adjudicated a | ||||||
2 | juvenile delinquent for any of the offenses listed in | ||||||
3 | subsection (c) of Section 8-23 of the Park District Code or | ||||||
4 | subsection (c) of Section 16a-5 of the Chicago Park | ||||||
5 | District Act. | ||||||
6 | (11) Persons managing and designated to participate in | ||||||
7 | a court diversion program as designated in subsection (6) | ||||||
8 | of Section 5-105. | ||||||
9 | (12) The Public Access Counselor of the Office of the | ||||||
10 | Attorney General, when reviewing juvenile law enforcement | ||||||
11 | records under its powers and duties under the Freedom of | ||||||
12 | Information Act. | ||||||
13 | (13) Collection agencies, contracted or otherwise | ||||||
14 | engaged by a governmental entity, to collect any debts due | ||||||
15 | and owing to the governmental entity. | ||||||
16 | (B)(1) Except as provided in paragraph (2), no law | ||||||
17 | enforcement
officer or other person or agency may knowingly | ||||||
18 | transmit to the Department of
Corrections, Department of State | ||||||
19 | Police, or to the Federal
Bureau of Investigation any | ||||||
20 | fingerprint or photograph relating to a minor who
has been | ||||||
21 | arrested or taken into custody before his or her 18th birthday,
| ||||||
22 | unless the court in proceedings under this Act authorizes the | ||||||
23 | transmission or
enters an order under Section 5-805 permitting | ||||||
24 | or requiring the
institution of
criminal proceedings.
| ||||||
25 | (2) Law enforcement officers or other persons or agencies | ||||||
26 | shall transmit
to the Department of State Police copies of |
| |||||||
| |||||||
1 | fingerprints and descriptions
of all minors who have been | ||||||
2 | arrested or taken into custody before their
18th birthday for | ||||||
3 | the offense of unlawful use of weapons under Article 24 of
the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||||||
5 | or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||||||
7 | Class 2 or greater
felony under the Cannabis Control Act, the | ||||||
8 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
9 | Control and Community Protection Act,
or Chapter 4 of the | ||||||
10 | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
11 | Identification Act. Information reported to the Department | ||||||
12 | pursuant
to this Section may be maintained with records that | ||||||
13 | the Department files
pursuant to Section 2.1 of the Criminal | ||||||
14 | Identification Act. Nothing in this
Act prohibits a law | ||||||
15 | enforcement agency from fingerprinting a minor taken into
| ||||||
16 | custody or arrested before his or her 18th birthday for an | ||||||
17 | offense other than
those listed in this paragraph (2).
| ||||||
18 | (C) The records of law enforcement officers, or of an | ||||||
19 | independent agency created by ordinance and charged by a unit | ||||||
20 | of local government with the duty of investigating the conduct | ||||||
21 | of law enforcement officers, concerning all minors under
18 | ||||||
22 | years of age must be maintained separate from the records of | ||||||
23 | arrests and
may not be open to public inspection or their | ||||||
24 | contents disclosed to the
public. For purposes of obtaining | ||||||
25 | documents under this Section, a civil subpoena is not an order | ||||||
26 | of the court. |
| |||||||
| |||||||
1 | (1) In cases where the law enforcement, or independent | ||||||
2 | agency, records concern a pending juvenile court case, the | ||||||
3 | party seeking to inspect the records shall provide actual | ||||||
4 | notice to the attorney or guardian ad litem of the minor | ||||||
5 | whose records are sought. | ||||||
6 | (2) In cases where the records concern a juvenile court | ||||||
7 | case that is no longer pending, the party seeking to | ||||||
8 | inspect the records shall provide actual notice to the | ||||||
9 | minor or the minor's parent or legal guardian, and the | ||||||
10 | matter shall be referred to the chief judge presiding over | ||||||
11 | matters pursuant to this Act. | ||||||
12 | (3) In determining whether the records should be | ||||||
13 | available for inspection, the court shall consider the | ||||||
14 | minor's interest in confidentiality and rehabilitation | ||||||
15 | over the moving party's interest in obtaining the | ||||||
16 | information. Any records obtained in violation of this | ||||||
17 | subsection (C) shall not be admissible in any criminal or | ||||||
18 | civil proceeding, or operate to disqualify a minor from | ||||||
19 | subsequently holding public office or securing employment, | ||||||
20 | or operate as a forfeiture of any public benefit, right, | ||||||
21 | privilege, or right to receive any license granted by | ||||||
22 | public authority.
| ||||||
23 | (D) Nothing contained in subsection (C) of this Section | ||||||
24 | shall prohibit
the inspection or disclosure to victims and | ||||||
25 | witnesses of photographs
contained in the records of law | ||||||
26 | enforcement agencies when the
inspection and disclosure is |
| |||||||
| |||||||
1 | conducted in the presence of a law enforcement
officer for the | ||||||
2 | purpose of the identification or apprehension of any person
| ||||||
3 | subject to the provisions of this Act or for the investigation | ||||||
4 | or
prosecution of any crime.
| ||||||
5 | (E) Law enforcement officers, and personnel of an | ||||||
6 | independent agency created by ordinance and charged by a unit | ||||||
7 | of local government with the duty of investigating the conduct | ||||||
8 | of law enforcement officers, may not disclose the identity of | ||||||
9 | any minor
in releasing information to the general public as to | ||||||
10 | the arrest, investigation
or disposition of any case involving | ||||||
11 | a minor.
| ||||||
12 | (F) Nothing contained in this Section shall prohibit law | ||||||
13 | enforcement
agencies from communicating with each other by | ||||||
14 | letter, memorandum, teletype, or
intelligence alert bulletin | ||||||
15 | or other means the identity or other relevant
information | ||||||
16 | pertaining to a person under 18 years of age if there are
| ||||||
17 | reasonable grounds to believe that the person poses a real and | ||||||
18 | present danger
to the safety of the public or law enforcement | ||||||
19 | officers. The information
provided under this subsection (F) | ||||||
20 | shall remain confidential and shall not
be publicly disclosed, | ||||||
21 | except as otherwise allowed by law.
| ||||||
22 | (G) Nothing in this Section shall prohibit the right of a | ||||||
23 | Civil Service
Commission or appointing authority of any federal | ||||||
24 | government, state, county or municipality
examining the | ||||||
25 | character and fitness of an applicant for employment with a law
| ||||||
26 | enforcement agency, correctional institution, or fire |
| |||||||
| |||||||
1 | department
from obtaining and examining the
records of any law | ||||||
2 | enforcement agency relating to any record of the applicant
| ||||||
3 | having been arrested or taken into custody before the | ||||||
4 | applicant's 18th
birthday.
| ||||||
5 | (G-5) Information identifying victims and alleged victims | ||||||
6 | of sex offenses shall not be disclosed or open to the public | ||||||
7 | under any circumstances. Nothing in this Section shall prohibit | ||||||
8 | the victim or alleged victim of any sex offense from | ||||||
9 | voluntarily disclosing his or her own identity. | ||||||
10 | (H) The changes made to this Section by Public Act 98-61 | ||||||
11 | apply to law enforcement records of a minor who has been | ||||||
12 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
13 | effective date of Public Act 98-61). | ||||||
14 | (H-5) Nothing in this Section shall require any court or | ||||||
15 | adjudicative proceeding for traffic, boating, fish and game | ||||||
16 | law, or municipal and county ordinance violations to be closed | ||||||
17 | to the public. | ||||||
18 | (I) Willful violation of this Section is a Class C | ||||||
19 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
20 | This subsection (I) shall not apply to the person who is the | ||||||
21 | subject of the record. | ||||||
22 | (J) A person convicted of violating this Section is liable | ||||||
23 | for damages in the amount of $1,000 or actual damages, | ||||||
24 | whichever is greater. | ||||||
25 | (Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; | ||||||
26 | 100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff. |
| |||||||
| |||||||
1 | 12-20-18.)
| ||||||
2 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
3 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
4 | court records.
| ||||||
5 | (A) A juvenile adjudication shall never be considered a | ||||||
6 | conviction nor shall an adjudicated individual be considered a | ||||||
7 | criminal. Unless expressly allowed by law, a juvenile | ||||||
8 | adjudication shall not operate to impose upon the individual | ||||||
9 | any of the civil disabilities ordinarily imposed by or | ||||||
10 | resulting from conviction. Unless expressly allowed by law, | ||||||
11 | adjudications shall not prejudice or disqualify the individual | ||||||
12 | in any civil service application or appointment, from holding | ||||||
13 | public office, or from receiving any license granted by public | ||||||
14 | authority. All juvenile court records which have not been | ||||||
15 | expunged are sealed and may never be disclosed to the general | ||||||
16 | public or otherwise made widely available. Sealed juvenile | ||||||
17 | court records may be obtained only under this Section and | ||||||
18 | Section 1-7 and Part 9 of Article V of this Act, when their use | ||||||
19 | is needed for good cause and with an order from the juvenile | ||||||
20 | court. Inspection and copying of juvenile court records | ||||||
21 | relating to a minor
who is the subject of a proceeding under | ||||||
22 | this Act shall be restricted to the
following:
| ||||||
23 | (1) The minor who is the subject of record, his or her | ||||||
24 | parents, guardian,
and counsel.
| ||||||
25 | (2) Law enforcement officers and law enforcement |
| |||||||
| |||||||
1 | agencies when such
information is essential to executing an | ||||||
2 | arrest or search warrant or other
compulsory process, or to | ||||||
3 | conducting an ongoing investigation
or relating to a minor | ||||||
4 | who
has been adjudicated delinquent and there has been a | ||||||
5 | previous finding that
the act which constitutes the | ||||||
6 | previous offense was committed in furtherance
of criminal | ||||||
7 | activities by a criminal street gang.
| ||||||
8 | Before July 1, 1994, for the purposes of this Section, | ||||||
9 | "criminal street
gang" means any ongoing
organization, | ||||||
10 | association, or group of 3 or more persons, whether formal | ||||||
11 | or
informal, having as one of its primary activities the | ||||||
12 | commission of one or
more criminal acts and that has a | ||||||
13 | common name or common identifying sign,
symbol or specific | ||||||
14 | color apparel displayed, and whose members individually
or | ||||||
15 | collectively engage in or have engaged in a pattern of | ||||||
16 | criminal activity.
| ||||||
17 | Beginning July 1, 1994, for purposes of this Section, | ||||||
18 | "criminal street
gang" has the meaning ascribed to it in | ||||||
19 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
20 | Prevention Act.
| ||||||
21 | (3) Judges, hearing officers, prosecutors, public | ||||||
22 | defenders, probation officers, social
workers, or other
| ||||||
23 | individuals assigned by the court to conduct a | ||||||
24 | pre-adjudication or pre-disposition
investigation, and | ||||||
25 | individuals responsible for supervising
or providing | ||||||
26 | temporary or permanent care and custody for minors under |
| |||||||
| |||||||
1 | the order of the juvenile court when essential to | ||||||
2 | performing their
responsibilities.
| ||||||
3 | (4) Judges, federal, State, and local prosecutors, | ||||||
4 | public defenders, probation officers, and designated | ||||||
5 | staff:
| ||||||
6 | (a) in the course of a trial when institution of | ||||||
7 | criminal proceedings
has been permitted or required | ||||||
8 | under Section 5-805;
| ||||||
9 | (b) when criminal proceedings have been permitted
| ||||||
10 | or
required under Section 5-805 and a minor is the | ||||||
11 | subject of a
proceeding to
determine the conditions of | ||||||
12 | pretrial release amount of bail ;
| ||||||
13 | (c) when criminal proceedings have been permitted
| ||||||
14 | or
required under Section 5-805 and a minor is the | ||||||
15 | subject of a
pre-trial
investigation, pre-sentence | ||||||
16 | investigation or fitness hearing, or
proceedings on an | ||||||
17 | application for probation; or
| ||||||
18 | (d) when a minor becomes 18 years of age or older, | ||||||
19 | and is the subject
of criminal proceedings, including a | ||||||
20 | hearing to determine the conditions of pretrial | ||||||
21 | release amount of
bail , a pre-trial investigation, a | ||||||
22 | pre-sentence investigation, a fitness
hearing, or | ||||||
23 | proceedings on an application for probation.
| ||||||
24 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
25 | (6) Authorized military personnel.
| ||||||
26 | (6.5) Employees of the federal government authorized |
| |||||||
| |||||||
1 | by law. | ||||||
2 | (7) Victims, their subrogees and legal | ||||||
3 | representatives; however, such
persons shall have access | ||||||
4 | only to the name and address of the minor and
information | ||||||
5 | pertaining to the disposition or alternative adjustment | ||||||
6 | plan
of the juvenile court.
| ||||||
7 | (8) Persons engaged in bona fide research, with the | ||||||
8 | permission of the
presiding judge of the juvenile court and | ||||||
9 | the chief executive of the agency
that prepared the | ||||||
10 | particular records; provided that publication of such
| ||||||
11 | research results in no disclosure of a minor's identity and | ||||||
12 | protects the
confidentiality of the record.
| ||||||
13 | (9) The Secretary of State to whom the Clerk of the | ||||||
14 | Court shall report
the disposition of all cases, as | ||||||
15 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
16 | However, information reported relative to these offenses | ||||||
17 | shall
be privileged and available only to the Secretary of | ||||||
18 | State, courts, and police
officers.
| ||||||
19 | (10) The administrator of a bonafide substance abuse | ||||||
20 | student
assistance program with the permission of the | ||||||
21 | presiding judge of the
juvenile court.
| ||||||
22 | (11) Mental health professionals on behalf of the | ||||||
23 | Department of
Corrections or the Department of Human | ||||||
24 | Services or prosecutors who are
evaluating, prosecuting, | ||||||
25 | or investigating a potential or actual petition
brought
| ||||||
26 | under the Sexually Violent Persons Commitment Act relating |
| |||||||
| |||||||
1 | to a person who is the
subject of
juvenile court records or | ||||||
2 | the respondent to a petition brought under
the
Sexually | ||||||
3 | Violent Persons Commitment Act, who is the subject of | ||||||
4 | juvenile
court records
sought. Any records and any | ||||||
5 | information obtained from those records under this
| ||||||
6 | paragraph (11) may be used only in sexually violent persons | ||||||
7 | commitment
proceedings.
| ||||||
8 | (12) Collection agencies, contracted or otherwise | ||||||
9 | engaged by a governmental entity, to collect any debts due | ||||||
10 | and owing to the governmental entity. | ||||||
11 | (A-1) Findings and exclusions of paternity entered in | ||||||
12 | proceedings occurring under Article II of this Act shall be | ||||||
13 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
14 | of the Juvenile Court, to the Department of Healthcare and | ||||||
15 | Family Services when necessary to discharge the duties of the | ||||||
16 | Department of Healthcare and Family Services under Article X of | ||||||
17 | the Illinois Public Aid Code. | ||||||
18 | (B) A minor who is the victim in a juvenile proceeding | ||||||
19 | shall be
provided the same confidentiality regarding | ||||||
20 | disclosure of identity as the
minor who is the subject of | ||||||
21 | record.
| ||||||
22 | (C)(0.1) In cases where the records concern a pending | ||||||
23 | juvenile court case, the requesting party seeking to inspect | ||||||
24 | the juvenile court records shall provide actual notice to the | ||||||
25 | attorney or guardian ad litem of the minor whose records are | ||||||
26 | sought. |
| |||||||
| |||||||
1 | (0.2) In cases where the juvenile court records concern a | ||||||
2 | juvenile court case that is no longer pending, the requesting | ||||||
3 | party seeking to inspect the juvenile court records shall | ||||||
4 | provide actual notice to the minor or the minor's parent or | ||||||
5 | legal guardian, and the matter shall be referred to the chief | ||||||
6 | judge presiding over matters pursuant to this Act. | ||||||
7 | (0.3) In determining whether juvenile court records should | ||||||
8 | be made available for inspection and whether inspection should | ||||||
9 | be limited to certain parts of the file, the court shall | ||||||
10 | consider the minor's interest in confidentiality and | ||||||
11 | rehabilitation over the requesting party's interest in | ||||||
12 | obtaining the information. The State's Attorney, the minor, and | ||||||
13 | the minor's parents, guardian, and counsel shall at all times | ||||||
14 | have the right to examine court files and records. | ||||||
15 | (0.4) Any records obtained in violation of this Section | ||||||
16 | shall not be admissible in any criminal or civil proceeding, or | ||||||
17 | operate to disqualify a minor from subsequently holding public | ||||||
18 | office, or operate as a forfeiture of any public benefit, | ||||||
19 | right, privilege, or right to receive any license granted by | ||||||
20 | public authority.
| ||||||
21 | (D) Pending or following any adjudication of delinquency | ||||||
22 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
23 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
25 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
26 | Rights for Victims and Witnesses of Violent Crime Act; and the
|
| |||||||
| |||||||
1 | juvenile who is the subject of the adjudication, | ||||||
2 | notwithstanding any other
provision of this Act, shall be | ||||||
3 | treated
as an adult for the purpose of affording such rights to | ||||||
4 | the victim.
| ||||||
5 | (E) Nothing in this Section shall affect the right of a | ||||||
6 | Civil Service
Commission or appointing authority of the federal | ||||||
7 | government, or any state, county, or municipality
examining the | ||||||
8 | character and fitness of
an applicant for employment with a law | ||||||
9 | enforcement
agency, correctional institution, or fire | ||||||
10 | department to
ascertain
whether that applicant was ever | ||||||
11 | adjudicated to be a delinquent minor and,
if so, to examine the | ||||||
12 | records of disposition or evidence which were made in
| ||||||
13 | proceedings under this Act.
| ||||||
14 | (F) Following any adjudication of delinquency for a crime | ||||||
15 | which would be
a felony if committed by an adult, or following | ||||||
16 | any adjudication of delinquency
for a violation of Section | ||||||
17 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
19 | whether the minor respondent is enrolled in school and, if so, | ||||||
20 | shall provide
a copy of the dispositional order to the | ||||||
21 | principal or chief administrative
officer of the school. Access | ||||||
22 | to the dispositional order shall be limited
to the principal or | ||||||
23 | chief administrative officer of the school and any guidance
| ||||||
24 | counselor designated by him or her.
| ||||||
25 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
26 | disclosure of information or records relating or pertaining to |
| |||||||
| |||||||
1 | juveniles
subject to the provisions of the Serious Habitual | ||||||
2 | Offender Comprehensive
Action Program when that information is | ||||||
3 | used to assist in the early
identification and treatment of | ||||||
4 | habitual juvenile offenders.
| ||||||
5 | (H) When a court hearing a proceeding under Article II of | ||||||
6 | this Act becomes
aware that an earlier proceeding under Article | ||||||
7 | II had been heard in a different
county, that court shall | ||||||
8 | request, and the court in which the earlier
proceedings were | ||||||
9 | initiated shall transmit, an authenticated copy of the juvenile | ||||||
10 | court
record, including all documents, petitions, and orders | ||||||
11 | filed and the
minute orders, transcript of proceedings, and | ||||||
12 | docket entries of the court.
| ||||||
13 | (I) The Clerk of the Circuit Court shall report to the | ||||||
14 | Department of
State
Police, in the form and manner required by | ||||||
15 | the Department of State Police, the
final disposition of each | ||||||
16 | minor who has been arrested or taken into custody
before his or | ||||||
17 | her 18th birthday for those offenses required to be reported
| ||||||
18 | under Section 5 of the Criminal Identification Act. Information | ||||||
19 | reported to
the Department under this Section may be maintained | ||||||
20 | with records that the
Department files under Section 2.1 of the | ||||||
21 | Criminal Identification Act.
| ||||||
22 | (J) The changes made to this Section by Public Act 98-61 | ||||||
23 | apply to juvenile law enforcement records of a minor who has | ||||||
24 | been arrested or taken into custody on or after January 1, 2014 | ||||||
25 | (the effective date of Public Act 98-61). | ||||||
26 | (K) Willful violation of this Section is a Class C |
| |||||||
| |||||||
1 | misdemeanor and each violation is subject to a fine of $1,000. | ||||||
2 | This subsection (K) shall not apply to the person who is the | ||||||
3 | subject of the record. | ||||||
4 | (L) 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. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18; | ||||||
8 | 100-1162, eff. 12-20-18.)
| ||||||
9 | (705 ILCS 405/5-150)
| ||||||
10 | Sec. 5-150.
Admissibility of evidence and adjudications in | ||||||
11 | other
proceedings.
| ||||||
12 | (1) Evidence and adjudications in proceedings under this | ||||||
13 | Act shall be
admissible:
| ||||||
14 | (a) in subsequent proceedings under this Act | ||||||
15 | concerning the same minor; or
| ||||||
16 | (b) in criminal proceedings when the court is to | ||||||
17 | determine the conditions of pretrial release amount
of | ||||||
18 | bail , fitness of the defendant or in sentencing under the | ||||||
19 | Unified Code
of Corrections; or
| ||||||
20 | (c) in proceedings under this Act or in criminal | ||||||
21 | proceedings in which
anyone who has been adjudicated | ||||||
22 | delinquent under Section 5-105 is to be a
witness including | ||||||
23 | the minor or defendant if he or she testifies, and then | ||||||
24 | only
for purposes of impeachment and pursuant to the rules
| ||||||
25 | of evidence for criminal trials; or
|
| |||||||
| |||||||
1 | (d) in civil proceedings concerning causes of action | ||||||
2 | arising out of the
incident or incidents which initially | ||||||
3 | gave rise to the proceedings under this
Act.
| ||||||
4 | (2) No adjudication or disposition under this Act shall | ||||||
5 | operate to
disqualify a minor from subsequently holding public | ||||||
6 | office nor shall
operate as a forfeiture of any right, | ||||||
7 | privilege or right to receive any
license granted by public | ||||||
8 | authority.
| ||||||
9 | (3) The court which adjudicated that a minor has committed | ||||||
10 | any offense
relating to motor vehicles prescribed in Sections | ||||||
11 | 4-102 and 4-103 of the
Illinois Vehicle Code shall notify the | ||||||
12 | Secretary of State of that adjudication
and the notice shall | ||||||
13 | constitute sufficient grounds for revoking that minor's
| ||||||
14 | driver's license or permit as provided in Section 6-205 of the | ||||||
15 | Illinois Vehicle
Code; no minor shall be considered a criminal | ||||||
16 | by reason thereof, nor shall any
such adjudication be | ||||||
17 | considered a conviction.
| ||||||
18 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
19 | Section 10-215. The Criminal Code of 2012 is amended by | ||||||
20 | changing Sections 26.5-5, 31-1, 31A-0.1, 32-10, and 32-15 as | ||||||
21 | follows:
| ||||||
22 | (720 ILCS 5/26.5-5) | ||||||
23 | Sec. 26.5-5. Sentence. | ||||||
24 | (a) Except as provided in
subsection (b), a
person who |
| |||||||
| |||||||
1 | violates any of the provisions of
Section 26.5-1, 26.5-2, or | ||||||
2 | 26.5-3 of this Article
is guilty of a Class B misdemeanor.
| ||||||
3 | Except as provided
in subsection (b), a second or subsequent
| ||||||
4 | violation of Section 26.5-1, 26.5-2, or 26.5-3 of this
Article | ||||||
5 | is a Class A
misdemeanor, for which the
court
shall impose a | ||||||
6 | minimum of 14 days in
jail or, if public or
community service | ||||||
7 | is established in the county in which the offender was
| ||||||
8 | convicted, 240 hours of public or community service. | ||||||
9 | (b) In any of the following circumstances, a person who | ||||||
10 | violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article | ||||||
11 | shall be guilty of a Class 4 felony: | ||||||
12 | (1) The person has 3 or more prior violations in the | ||||||
13 | last 10 years of
harassment
by
telephone, harassment | ||||||
14 | through electronic
communications, or any similar offense | ||||||
15 | of any
other state; | ||||||
16 | (2) The person has previously violated the harassment | ||||||
17 | by telephone
provisions, or the harassment through | ||||||
18 | electronic
communications provisions, or committed any | ||||||
19 | similar
offense in any other state with the same victim or | ||||||
20 | a member of the victim's family or
household; | ||||||
21 | (3) At the time of the offense, the offender was under | ||||||
22 | conditions of pretrial release bail ,
probation, | ||||||
23 | conditional discharge, mandatory supervised release or was | ||||||
24 | the subject of an order of
protection, in this or any other | ||||||
25 | state, prohibiting contact with the victim or
any member of | ||||||
26 | the victim's family or household; |
| |||||||
| |||||||
1 | (4) In the course of the offense, the offender | ||||||
2 | threatened to kill the
victim or any member of the victim's | ||||||
3 | family or household; | ||||||
4 | (5) The person has been convicted in the last 10 years | ||||||
5 | of a forcible
felony
as defined in Section 2-8 of the | ||||||
6 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
7 | (6) The person violates paragraph (5) of Section 26.5-2 | ||||||
8 | or paragraph
(4) of Section 26.5-3; or | ||||||
9 | (7) The person was at least 18 years of age at the time | ||||||
10 | of the commission of the offense and the victim was under | ||||||
11 | 18 years of age at the time of the commission of the | ||||||
12 | offense. | ||||||
13 | (c) The court may order any person
convicted under this | ||||||
14 | Article to submit to a psychiatric examination.
| ||||||
15 | (Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13.)
| ||||||
16 | (720 ILCS 5/31-1) (from Ch. 38, par. 31-1)
| ||||||
17 | Sec. 31-1. Resisting or obstructing a peace officer, | ||||||
18 | firefighter, or correctional
institution employee. | ||||||
19 | (a) A person who knowingly resists or obstructs the | ||||||
20 | performance by one known
to the person to be a peace officer, | ||||||
21 | firefighter, or correctional institution employee of any
| ||||||
22 | authorized act within his or her official capacity commits a | ||||||
23 | Class A misdemeanor.
| ||||||
24 | (a-5) In addition to any other sentence that may be | ||||||
25 | imposed, a court
shall
order any person convicted of resisting |
| |||||||
| |||||||
1 | or obstructing a peace officer, firefighter, or correctional
| ||||||
2 | institution employee to be
sentenced to a minimum of 48 | ||||||
3 | consecutive hours of imprisonment or
ordered to perform | ||||||
4 | community service for not less than 100 hours as
may be | ||||||
5 | determined by the court. The person shall not be eligible for | ||||||
6 | probation
in order to reduce the sentence of imprisonment or | ||||||
7 | community service.
| ||||||
8 | (a-7) A person convicted for a violation of this Section | ||||||
9 | whose violation was
the proximate cause of an injury to a peace | ||||||
10 | officer, firefighter, or correctional
institution employee is | ||||||
11 | guilty of a Class 4
felony.
| ||||||
12 | (b) For purposes of this Section, "correctional | ||||||
13 | institution employee"
means
any person employed to supervise | ||||||
14 | and control inmates incarcerated in a
penitentiary, State farm, | ||||||
15 | reformatory, prison, jail, house of correction,
police | ||||||
16 | detention area, half-way house, or other institution or place | ||||||
17 | for the
incarceration or custody of persons under sentence for | ||||||
18 | offenses or awaiting
trial or sentence for offenses, under | ||||||
19 | arrest for an offense, a violation of
probation, a violation of | ||||||
20 | parole, a violation of aftercare release, a violation of | ||||||
21 | mandatory supervised
release, or awaiting a bail setting | ||||||
22 | hearing or preliminary hearing on setting the conditions of | ||||||
23 | pretrial release , or who
are
sexually dangerous persons or who | ||||||
24 | are sexually violent persons; and "firefighter" means any | ||||||
25 | individual, either as an employee or volunteer, of a regularly
| ||||||
26 | constituted fire department of a municipality or fire |
| |||||||
| |||||||
1 | protection district who
performs fire fighting duties, | ||||||
2 | including, but not limited to, the fire chief, assistant fire
| ||||||
3 | chief, captain, engineer, driver, ladder person, hose person, | ||||||
4 | pipe person, and any
other member of a regularly constituted | ||||||
5 | fire department. "Firefighter" also means a person employed by | ||||||
6 | the Office of the State Fire Marshal to conduct arson | ||||||
7 | investigations.
| ||||||
8 | (c) It is an affirmative defense to a violation of this | ||||||
9 | Section if a person resists or obstructs the performance of one | ||||||
10 | known by the person to be a firefighter by returning to or | ||||||
11 | remaining in a dwelling, residence, building, or other | ||||||
12 | structure to rescue or to attempt to rescue any person. | ||||||
13 | (d) A person shall not be subject to arrest under this | ||||||
14 | Section unless there is an underlying offense for which the | ||||||
15 | person was initially subject to arrest. | ||||||
16 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
17 | (720 ILCS 5/31A-0.1) | ||||||
18 | Sec. 31A-0.1. Definitions. For the purposes of this | ||||||
19 | Article: | ||||||
20 | "Deliver" or "delivery" means the actual, constructive or | ||||||
21 | attempted
transfer of possession of an item of contraband, with | ||||||
22 | or without consideration,
whether or not there is an agency | ||||||
23 | relationship. | ||||||
24 | "Employee" means any elected or appointed officer, trustee | ||||||
25 | or
employee of a penal institution or of the governing |
| |||||||
| |||||||
1 | authority of the penal
institution, or any person who performs | ||||||
2 | services for the penal institution
pursuant to contract with | ||||||
3 | the penal institution or its governing
authority. | ||||||
4 | "Item of contraband" means any of the following: | ||||||
5 | (i) "Alcoholic liquor" as that term is defined in | ||||||
6 | Section 1-3.05 of the
Liquor Control Act of 1934. | ||||||
7 | (ii) "Cannabis" as that term is defined in subsection | ||||||
8 | (a) of Section 3
of the Cannabis Control Act. | ||||||
9 | (iii) "Controlled substance" as that term is defined in | ||||||
10 | the Illinois
Controlled Substances Act. | ||||||
11 | (iii-a) "Methamphetamine" as that term is defined in | ||||||
12 | the Illinois Controlled Substances Act or the | ||||||
13 | Methamphetamine Control and Community Protection Act. | ||||||
14 | (iv) "Hypodermic syringe" or hypodermic needle, or any | ||||||
15 | instrument
adapted for use of controlled substances or | ||||||
16 | cannabis by subcutaneous injection. | ||||||
17 | (v) "Weapon" means any knife, dagger, dirk, billy, | ||||||
18 | razor, stiletto,
broken bottle, or other piece of glass | ||||||
19 | which could be used as a dangerous
weapon. This term | ||||||
20 | includes any of the devices or implements designated in
| ||||||
21 | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | ||||||
22 | this
Code, or any other dangerous weapon or instrument of | ||||||
23 | like character. | ||||||
24 | (vi) "Firearm" means any device, by whatever name | ||||||
25 | known, which is
designed to expel a projectile or | ||||||
26 | projectiles by the action of an
explosion, expansion of gas |
| |||||||
| |||||||
1 | or escape of gas, including but not limited to: | ||||||
2 | (A) any pneumatic gun, spring gun, or B-B gun which | ||||||
3 | expels a single
globular projectile not exceeding .18 | ||||||
4 | inch in diameter; or | ||||||
5 | (B) any device used exclusively for signaling or | ||||||
6 | safety and required
as
recommended by the United States | ||||||
7 | Coast Guard or the Interstate Commerce
Commission; or | ||||||
8 | (C) any device used exclusively for the firing of | ||||||
9 | stud cartridges,
explosive rivets or industrial | ||||||
10 | ammunition; or | ||||||
11 | (D) any device which is powered by electrical | ||||||
12 | charging units, such as
batteries, and which fires one | ||||||
13 | or several barbs attached to a length of
wire and | ||||||
14 | which, upon hitting a human, can send out current | ||||||
15 | capable of
disrupting the person's nervous system in | ||||||
16 | such a manner as to render him or her incapable of | ||||||
17 | normal functioning, commonly referred to as a stun gun | ||||||
18 | or taser. | ||||||
19 | (vii) "Firearm ammunition" means any self-contained | ||||||
20 | cartridge or shotgun
shell, by whatever name known, which | ||||||
21 | is designed to be used or adaptable to
use in a firearm, | ||||||
22 | including but not limited to: | ||||||
23 | (A) any ammunition exclusively designed for use | ||||||
24 | with a device used
exclusively for signaling or safety | ||||||
25 | and required or recommended by the
United States Coast | ||||||
26 | Guard or the Interstate Commerce Commission; or |
| |||||||
| |||||||
1 | (B) any ammunition designed exclusively for use | ||||||
2 | with a stud or rivet
driver or other similar industrial | ||||||
3 | ammunition. | ||||||
4 | (viii) "Explosive" means, but is not limited to, bomb, | ||||||
5 | bombshell,
grenade, bottle or other container containing | ||||||
6 | an explosive substance of
over one-quarter ounce for like | ||||||
7 | purposes such as black powder bombs and
Molotov cocktails | ||||||
8 | or artillery projectiles. | ||||||
9 | (ix) "Tool to defeat security mechanisms" means, but is | ||||||
10 | not limited to,
handcuff or security restraint key, tool | ||||||
11 | designed to pick locks, popper, or any device or
instrument | ||||||
12 | used to or capable of unlocking or preventing from locking | ||||||
13 | any handcuff or security restraints, doors to
cells, rooms, | ||||||
14 | gates or other areas of the penal institution. | ||||||
15 | (x) "Cutting tool" means, but is not limited to, | ||||||
16 | hacksaw blade,
wirecutter,
or device, instrument or file | ||||||
17 | capable of cutting through metal. | ||||||
18 | (xi) "Electronic contraband" for the purposes of | ||||||
19 | Section 31A-1.1 of this Article means, but is not limited | ||||||
20 | to, any
electronic, video recording device, computer, or | ||||||
21 | cellular communications
equipment, including, but not
| ||||||
22 | limited to, cellular telephones, cellular telephone | ||||||
23 | batteries, videotape
recorders, pagers,
computers, and | ||||||
24 | computer peripheral equipment brought into or possessed in | ||||||
25 | a
penal institution without the written authorization of | ||||||
26 | the Chief Administrative
Officer. "Electronic contraband" |
| |||||||
| |||||||
1 | for the purposes of Section 31A-1.2 of this Article, means, | ||||||
2 | but is not limited to, any
electronic, video recording | ||||||
3 | device, computer, or cellular communications
equipment, | ||||||
4 | including, but not
limited to, cellular telephones, | ||||||
5 | cellular telephone batteries, videotape
recorders, pagers,
| ||||||
6 | computers, and computer peripheral equipment. | ||||||
7 | "Penal institution" means any penitentiary, State farm,
| ||||||
8 | reformatory, prison, jail, house of correction, police | ||||||
9 | detention area,
half-way house or other institution or place | ||||||
10 | for the incarceration or
custody of persons under sentence for | ||||||
11 | offenses awaiting trial or sentence
for offenses, under arrest | ||||||
12 | for an offense, a violation of probation, a
violation of | ||||||
13 | parole, a violation of aftercare release, or a violation of | ||||||
14 | mandatory supervised release, or
awaiting a bail setting | ||||||
15 | hearing on the setting of conditions of pretrial release or | ||||||
16 | preliminary hearing; provided that where
the place for | ||||||
17 | incarceration or custody is housed within another public
| ||||||
18 | building this Article shall not apply to that part of the | ||||||
19 | building unrelated
to the incarceration or custody of persons.
| ||||||
20 | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.)
| ||||||
21 | (720 ILCS 5/32-10) (from Ch. 38, par. 32-10)
| ||||||
22 | Sec. 32-10. Violation of conditions of pretrial release | ||||||
23 | bail bond .
| ||||||
24 | (a) Whoever, having been released pretrial under | ||||||
25 | conditions admitted to bail for appearance before any
court of
|
| |||||||
| |||||||
1 | this State, incurs a violation of conditions of pretrial | ||||||
2 | release forfeiture of the bail and knowingly fails to surrender
| ||||||
3 | himself or herself within 30 days following the date of the | ||||||
4 | violation forfeiture , commits, if
the conditions of pretrial | ||||||
5 | release bail was given in connection with a charge of felony | ||||||
6 | or pending appeal
or certiorari after conviction of any | ||||||
7 | offense, a felony of the next lower
Class or a Class A | ||||||
8 | misdemeanor if the underlying offense was a Class 4 felony . If | ||||||
9 | the violation of pretrial conditions were made ;
or, if the bail | ||||||
10 | was given in connection with a charge
of committing a | ||||||
11 | misdemeanor, or for appearance as a witness, commits a | ||||||
12 | misdemeanor of the next lower Class, but not less than a Class | ||||||
13 | C misdemeanor.
| ||||||
14 | (a-5) Any person who knowingly violates a condition of | ||||||
15 | pretrial release bail bond by possessing a
firearm in violation | ||||||
16 | of his or her conditions of pretrial release bail commits a | ||||||
17 | Class 4 felony
for a first violation and a Class 3 felony for a | ||||||
18 | second or subsequent violation.
| ||||||
19 | (b) Whoever, having been released pretrial under | ||||||
20 | conditions admitted to bail for appearance before
any court
of | ||||||
21 | this State, while charged with a criminal offense in which the | ||||||
22 | victim is a
family or household member as defined in Article | ||||||
23 | 112A of the Code of Criminal
Procedure of 1963, knowingly | ||||||
24 | violates a condition of that release as set forth
in Section | ||||||
25 | 110-10, subsection (d) of the Code of Criminal Procedure of | ||||||
26 | 1963,
commits a Class A misdemeanor.
|
| |||||||
| |||||||
1 | (c) Whoever, having been released pretrial under | ||||||
2 | conditions admitted to bail for appearance before
any court
of | ||||||
3 | this State for a felony, Class A misdemeanor or a
criminal | ||||||
4 | offense in which the victim is a family
or household member as | ||||||
5 | defined in Article 112A of the Code of Criminal
Procedure of | ||||||
6 | 1963, is charged with any other
felony, Class A misdemeanor,
or | ||||||
7 | a
criminal offense in which the victim is a family or household
| ||||||
8 | member as
defined in Article 112A of the Code of Criminal | ||||||
9 | Procedure of 1963 while on
this
release, must appear before the | ||||||
10 | court before
bail is statutorily set .
| ||||||
11 | (d) Nothing in this Section shall interfere with or
prevent | ||||||
12 | the exercise
by
any court of its power to punishment for | ||||||
13 | contempt.
Any sentence imposed for violation of this Section | ||||||
14 | may shall be served
consecutive to the sentence imposed for the | ||||||
15 | charge for which pretrial release bail had been
granted and | ||||||
16 | with respect to which the defendant has been convicted.
| ||||||
17 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
18 | (720 ILCS 5/32-15) | ||||||
19 | Sec. 32-15. Pretrial release Bail bond false statement. Any | ||||||
20 | person who in any affidavit, document,
schedule or other | ||||||
21 | application to ensure compliance of another with the terms of | ||||||
22 | pretrial release become surety or bail for another on any
bail | ||||||
23 | bond or recognizance in any civil or criminal proceeding then | ||||||
24 | pending
or about to be started against the other person, having | ||||||
25 | taken a lawful
oath or made affirmation, shall swear or affirm |
| |||||||
| |||||||
1 | wilfully, corruptly and
falsely as to the factors the court | ||||||
2 | relied on to approve the conditions of the other person's | ||||||
3 | pretrial release ownership or liens or incumbrances upon or the | ||||||
4 | value of
any real or personal property alleged to be owned by | ||||||
5 | the person proposed to ensure those conditions as
surety or | ||||||
6 | bail, the financial worth or standing of the person proposed as
| ||||||
7 | surety or bail, or as to the number or total penalties of all | ||||||
8 | other bonds
or recognizances signed by and standing against the | ||||||
9 | proposed surety or
bail , or any person who, having taken a | ||||||
10 | lawful oath or made affirmation,
shall testify wilfully, | ||||||
11 | corruptly and falsely as to any of said matters for
the purpose | ||||||
12 | of inducing the approval of any such conditions of pretrial | ||||||
13 | release bail bond or recognizance;
or for the purpose of | ||||||
14 | justifying on any such conditions of pretrial release bail bond | ||||||
15 | or recognizance, or
who shall suborn any other person to so | ||||||
16 | swear, affirm or testify as
aforesaid, shall be deemed and | ||||||
17 | adjudged guilty of perjury or subornation of
perjury (as the | ||||||
18 | case may be) and punished accordingly.
| ||||||
19 | (Source: P.A. 97-1108, eff. 1-1-13.)
| ||||||
20 | Section 10-216. The Criminal Code of 2012 is amended by | ||||||
21 | changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 and by adding | ||||||
22 | Sections 7-15, 7-16, and 33-9 as follows:
| ||||||
23 | (720 ILCS 5/7-5) (from Ch. 38, par. 7-5)
| ||||||
24 | Sec. 7-5. Peace officer's use of force in making arrest. |
| |||||||
| |||||||
1 | (a) A peace officer, or any person whom he has summoned or | ||||||
2 | directed
to assist him, need not retreat or desist from efforts | ||||||
3 | to make a lawful
arrest because of resistance or threatened | ||||||
4 | resistance to the arrest. He
is justified in the use of any | ||||||
5 | force which he reasonably believes , based on the totality of | ||||||
6 | the circumstances, to be
necessary to effect the arrest and of | ||||||
7 | any force which he reasonably
believes , based on the totality | ||||||
8 | of the circumstances, to be necessary to defend himself or | ||||||
9 | another from bodily harm
while making the arrest. However, he | ||||||
10 | is justified in using force likely
to cause death or great | ||||||
11 | bodily harm only when he reasonably believes , based on the | ||||||
12 | totality of the circumstances,
that such force is necessary to | ||||||
13 | prevent death or great bodily harm to
himself or such other | ||||||
14 | person, or when he reasonably believes , based on the totality | ||||||
15 | of the circumstances, both that:
| ||||||
16 | (1) Such force is necessary to prevent the arrest from | ||||||
17 | being
defeated by resistance or escape ; the officer
| ||||||
18 | reasonably believes that the person to be arrested cannot
| ||||||
19 | be apprehended at a later date, and the officer reasonably
| ||||||
20 | believes that the person to be arrested is likely to cause
| ||||||
21 | great bodily harm to another ; and
| ||||||
22 | (2) The person to be arrested just has committed or | ||||||
23 | attempted a forcible
felony which involves the infliction | ||||||
24 | or threatened infliction of great
bodily harm or is | ||||||
25 | attempting to escape by use of a deadly weapon, or
| ||||||
26 | otherwise indicates that he will endanger human life or |
| |||||||
| |||||||
1 | inflict great
bodily harm unless arrested without delay.
| ||||||
2 | As used in this subsection, "retreat" does not mean | ||||||
3 | tactical
repositioning or other de-escalation tactics. | ||||||
4 | (a-5) Where feasible, a peace officer shall, prior to the | ||||||
5 | use of force, make reasonable efforts to identify himself or | ||||||
6 | herself as a peace
officer and to warn that deadly force may be | ||||||
7 | used, unless the officer has reasonable grounds to believe that | ||||||
8 | the
person is aware of those facts. | ||||||
9 | (a-10) A peace officer shall not use deadly force against a | ||||||
10 | person based on the danger that the person poses to himself or | ||||||
11 | herself if
an reasonable officer would believe the person does | ||||||
12 | not pose an imminent threat of death or serious bodily
injury | ||||||
13 | to the peace officer or to another person. | ||||||
14 | (a-15) A peace officer shall not use deadly force against a | ||||||
15 | person who is suspected of committing a property offense, | ||||||
16 | unless that offense is terrorism or unless deadly force is | ||||||
17 | otherwise authorized by law. | ||||||
18 | (b) A peace officer making an arrest pursuant to an invalid | ||||||
19 | warrant
is justified in the use of any force which he would be | ||||||
20 | justified in
using if the warrant were valid, unless he knows | ||||||
21 | that the warrant is
invalid.
| ||||||
22 | (c) The authority to use physical force conferred on peace | ||||||
23 | officers by this Article is a serious responsibility that shall | ||||||
24 | be exercised judiciously and with respect for human rights and | ||||||
25 | dignity and for the sanctity of every human life. | ||||||
26 | (d) Peace officers shall use deadly force only when |
| |||||||
| |||||||
1 | reasonably necessary in defense of human life. In determining | ||||||
2 | whether deadly force is reasonably necessary, officers shall | ||||||
3 | evaluate each situation in light of the particular | ||||||
4 | circumstances of each case and shall use other available | ||||||
5 | resources and techniques, if reasonably safe and feasible to a | ||||||
6 | reasonable officer. | ||||||
7 | (e) The decision by a peace officer to use force shall be | ||||||
8 | evaluated carefully and thoroughly, in a manner that reflects | ||||||
9 | the gravity of that authority and the serious consequences of | ||||||
10 | the use of force by peace officers, in order to ensure that | ||||||
11 | officers use force consistent with law and agency policies. | ||||||
12 | (f) The decision by a peace officer to use force shall be | ||||||
13 | evaluated from the perspective of a reasonable officer in the | ||||||
14 | same situation, based on the totality of the circumstances | ||||||
15 | known to or perceived by the officer at the time of the | ||||||
16 | decision, rather than with the benefit of hindsight, and that | ||||||
17 | the totality of the circumstances shall account for occasions | ||||||
18 | when officers may be forced to make quick judgments about using | ||||||
19 | force. | ||||||
20 | (g) Law enforcement agencies are encouraged to adopt and | ||||||
21 | develop policies designed to protect individuals with | ||||||
22 | physical, mental health, developmental, or intellectual | ||||||
23 | disabilities, who are significantly more likely to experience | ||||||
24 | greater levels of physical force during police interactions, as | ||||||
25 | these disabilities may affect the ability of a person to | ||||||
26 | understand or comply with commands from peace officers. |
| |||||||
| |||||||
1 | (h) As used in this Section: | ||||||
2 | (1) "Deadly force" means any use of force that creates | ||||||
3 | a substantial risk of causing death or serious bodily | ||||||
4 | injury, including, but not limited to, the discharge of a | ||||||
5 | firearm. | ||||||
6 | (2) A threat of death or serious bodily injury is | ||||||
7 | "imminent" when, based on the totality of the | ||||||
8 | circumstances, a reasonable officer in the same situation | ||||||
9 | would believe that a person has the present ability, | ||||||
10 | opportunity, and apparent intent to immediately cause | ||||||
11 | death or serious bodily injury to the peace officer or | ||||||
12 | another person. An imminent harm is not merely a fear of | ||||||
13 | future harm, no matter how great the fear and no matter how | ||||||
14 | great the likelihood of the harm, but is one that, from | ||||||
15 | appearances, must be instantly confronted and addressed. | ||||||
16 | (3) "Totality of the circumstances" means all facts | ||||||
17 | known to the peace officer at the time, or that would be | ||||||
18 | known to a reasonable officer in the same situation, | ||||||
19 | including the conduct of the officer and the subject | ||||||
20 | leading up to the use of deadly force. | ||||||
21 | (Source: P.A. 84-1426.)
| ||||||
22 | (720 ILCS 5/7-5.5) | ||||||
23 | Sec. 7-5.5. Prohibited use of force by a peace officer. | ||||||
24 | (a) A peace officer , or any person acting on behalf of a | ||||||
25 | peace officer, shall not use a chokehold or restraint above the |
| |||||||
| |||||||
1 | shoulders with risk of asphyxiation in the performance of his | ||||||
2 | or her duties, unless deadly force is justified under Article 7 | ||||||
3 | of this Code. | ||||||
4 | (b) A peace officer , or any person acting on behalf of a | ||||||
5 | peace officer, shall not use a chokehold or restraint above the | ||||||
6 | shoulders with risk of asphyxiation , or any lesser contact with | ||||||
7 | the throat or neck area of another, in order to prevent the | ||||||
8 | destruction of evidence by ingestion. | ||||||
9 | (c)
As used in this Section, "chokehold" means applying any | ||||||
10 | direct pressure to the throat, windpipe, or airway of another | ||||||
11 | with the intent to reduce or prevent the intake of air. | ||||||
12 | "Chokehold" does not include any holding involving contact with | ||||||
13 | the neck that is not intended to reduce the intake of air .
| ||||||
14 | (d) As used in this Section, "restraint above the shoulders | ||||||
15 | with risk of positional asphyxiation" means a use of a | ||||||
16 | technique used to restrain a person above the shoulders, | ||||||
17 | including the neck or head, in a position which interferes with | ||||||
18 | the person's ability to breathe after the person no longer | ||||||
19 | poses a threat to the officer or any other person. | ||||||
20 | (e) A peace officer, or any person acting on behalf of a | ||||||
21 | peace officer, shall not: | ||||||
22 | (i) use force as punishment or retaliation; | ||||||
23 | (ii) discharge kinetic impact projectiles and all | ||||||
24 | other non-or less-lethal projectiles in a manner that | ||||||
25 | targets the head, pelvis, or back; | ||||||
26 | (iii) discharge firearms or kinetic impact projectiles |
| |||||||
| |||||||
1 | indiscriminately into a crowd; or | ||||||
2 | (iv) use chemical agents or irritants, including | ||||||
3 | pepper spray and tear gas, prior to issuing an order to | ||||||
4 | disperse in a sufficient manner to ensure the order is | ||||||
5 | heard and repeated if necessary, followed by sufficient | ||||||
6 | time and space to allow compliance with the order. | ||||||
7 | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
| ||||||
8 | (720 ILCS 5/7-9) (from Ch. 38, par. 7-9)
| ||||||
9 | Sec. 7-9.
Use of
force to prevent escape.
| ||||||
10 | (a) A peace officer or other person who has an arrested | ||||||
11 | person in his
custody is justified in the use of such force , | ||||||
12 | except deadly force, to prevent the escape of the
arrested | ||||||
13 | person from custody as he would be justified in using if he | ||||||
14 | were
arresting such person.
| ||||||
15 | (b) A guard or other peace officer is justified in the use | ||||||
16 | of force ,
including force likely to cause death or great bodily | ||||||
17 | harm, which he
reasonably believes to be necessary to prevent | ||||||
18 | the escape from a penal
institution of a person whom the | ||||||
19 | officer reasonably believes to be lawfully
detained in such | ||||||
20 | institution under sentence for an offense or awaiting
trial or | ||||||
21 | commitment for an offense.
| ||||||
22 | (c) Deadly force shall not be used to prevent escape under | ||||||
23 | this Section unless, based on the totality of the | ||||||
24 | circumstances, deadly force is necessary to prevent death or | ||||||
25 | great bodily harm to himself or such other person. |
| |||||||
| |||||||
1 | (Source: Laws 1961, p. 1983.)
| ||||||
2 | (720 ILCS 5/7-15 new) | ||||||
3 | Sec. 7-15. Duty to render aid. It is the policy of the | ||||||
4 | State of Illinois that all law enforcement officers must, as | ||||||
5 | soon as reasonably practical, determine if a person is injured, | ||||||
6 | whether as a result of a use of force or otherwise, and render | ||||||
7 | medical aid and assistance consistent with training and request | ||||||
8 | emergency medical assistance if necessary. "Render medical aid | ||||||
9 | and assistance" includes, but is not limited to, (i) performing | ||||||
10 | emergency life-saving procedures such as cardiopulmonary | ||||||
11 | resuscitation or the administration of an automated external | ||||||
12 | defibrillator; and (ii) the carrying, or the making of | ||||||
13 | arrangements for the carrying, of such person to a physician, | ||||||
14 | surgeon, or hospital for medical or surgical treatment if it is | ||||||
15 | apparent that treatment is necessary, or if such carrying is | ||||||
16 | requested by the injured person.
| ||||||
17 | (720 ILCS 5/7-16 new) | ||||||
18 | Sec. 7-16. Duty to intervene. | ||||||
19 | (a) A peace officer, or any person acting on behalf of a | ||||||
20 | peace officer, shall have an affirmative duty to intervene to | ||||||
21 | prevent or stop another peace officer in his or her presence | ||||||
22 | from using any unauthorized force or force that exceeds the | ||||||
23 | degree of force permitted, if any, without regard for chain of | ||||||
24 | command. |
| |||||||
| |||||||
1 | (b) A peace officer, or any person acting on behalf of a | ||||||
2 | peace officer, who intervenes as required by this Section shall | ||||||
3 | report the intervention to the person designated/identified by | ||||||
4 | the law enforcement entity in a manner prescribed by the | ||||||
5 | agency. The report required by this Section must include the | ||||||
6 | date, time, and place of the occurrence; the identity, if | ||||||
7 | known, and description of the participants; and a description | ||||||
8 | of the intervention actions taken and whether they were | ||||||
9 | successful. In no event shall the report be submitted more than | ||||||
10 | 5 days after the incident. | ||||||
11 | (c) A member of a law enforcement agency shall not | ||||||
12 | discipline nor retaliate in any way against a peace officer for | ||||||
13 | intervening as required in this Section or for reporting | ||||||
14 | unconstitutional or unlawful conduct, or for failing to follow | ||||||
15 | what the officer reasonably believes is an unconstitutional or | ||||||
16 | unlawful directive.
| ||||||
17 | (720 ILCS 5/9-1) (from Ch. 38, par. 9-1) | ||||||
18 | Sec. 9-1. First degree murder; death penalties; | ||||||
19 | exceptions; separate
hearings; proof; findings; appellate | ||||||
20 | procedures; reversals.
| ||||||
21 | (a) A person who kills an individual without lawful | ||||||
22 | justification commits
first degree murder if, in performing the | ||||||
23 | acts which cause the death:
| ||||||
24 | (1) he or she either intends to kill or do great bodily | ||||||
25 | harm to that
individual or another, or knows that such acts |
| |||||||
| |||||||
1 | will cause death to that
individual or another; or
| ||||||
2 | (2) he or she knows that such acts create a strong | ||||||
3 | probability of death or
great bodily harm to that | ||||||
4 | individual or another; or
| ||||||
5 | (3) he or she, acting alone or with one or more | ||||||
6 | participants, commits or attempts to commit a forcible | ||||||
7 | felony other than second degree murder, and in the course | ||||||
8 | of or in furtherance of such crime or flight therefrom, he | ||||||
9 | or she or another participant causes the death of a person | ||||||
10 | he or she is attempting or committing a forcible felony | ||||||
11 | other than
second degree murder .
| ||||||
12 | (b) Aggravating Factors. A defendant who at the time of the
| ||||||
13 | commission of the offense has attained the age of 18 or more | ||||||
14 | and who has
been found guilty of first degree murder may be | ||||||
15 | sentenced to death if:
| ||||||
16 | (1) the murdered individual was a peace officer or | ||||||
17 | fireman killed in
the course of performing his official | ||||||
18 | duties, to prevent the performance
of his or her official | ||||||
19 | duties, or in retaliation for performing his or her | ||||||
20 | official
duties, and the defendant knew or
should have | ||||||
21 | known that the murdered individual was a peace officer or
| ||||||
22 | fireman; or
| ||||||
23 | (2) the murdered individual was an employee of an | ||||||
24 | institution or
facility of the Department of Corrections, | ||||||
25 | or any similar local
correctional agency, killed in the | ||||||
26 | course of performing his or her official
duties, to prevent |
| |||||||
| |||||||
1 | the performance of his or her official duties, or in
| ||||||
2 | retaliation for performing his or her official duties, or | ||||||
3 | the murdered
individual was an inmate at such institution | ||||||
4 | or facility and was killed on the
grounds thereof, or the | ||||||
5 | murdered individual was otherwise present in such
| ||||||
6 | institution or facility with the knowledge and approval of | ||||||
7 | the chief
administrative officer thereof; or
| ||||||
8 | (3) the defendant has been convicted of murdering two | ||||||
9 | or more
individuals under subsection (a) of this Section or | ||||||
10 | under any law of the
United States or of any state which is | ||||||
11 | substantially similar to
subsection (a) of this Section | ||||||
12 | regardless of whether the deaths
occurred as the result of | ||||||
13 | the same act or of several related or
unrelated acts so | ||||||
14 | long as the deaths were the result of either an intent
to | ||||||
15 | kill more than one person or of separate acts which
the | ||||||
16 | defendant knew would cause death or create a strong | ||||||
17 | probability of
death or great bodily harm to the murdered | ||||||
18 | individual or another; or
| ||||||
19 | (4) the murdered individual was killed as a result of | ||||||
20 | the
hijacking of an airplane, train, ship, bus, or other | ||||||
21 | public conveyance; or
| ||||||
22 | (5) the defendant committed the murder pursuant to a | ||||||
23 | contract,
agreement, or understanding by which he or she | ||||||
24 | was to receive money or anything
of value in return for | ||||||
25 | committing the murder or procured another to
commit the | ||||||
26 | murder for money or anything of value; or
|
| |||||||
| |||||||
1 | (6) the murdered individual was killed in the course of | ||||||
2 | another felony if:
| ||||||
3 | (a) the murdered individual:
| ||||||
4 | (i) was actually killed by the defendant, or
| ||||||
5 | (ii) received physical injuries personally | ||||||
6 | inflicted by the defendant
substantially | ||||||
7 | contemporaneously with physical injuries caused by | ||||||
8 | one or
more persons for whose conduct the defendant | ||||||
9 | is legally accountable under
Section 5-2 of this | ||||||
10 | Code, and the physical injuries inflicted by | ||||||
11 | either
the defendant or the other person or persons | ||||||
12 | for whose conduct he is legally
accountable caused | ||||||
13 | the death of the murdered individual; and
| ||||||
14 | (b) in performing the acts which caused the death | ||||||
15 | of the murdered
individual or which resulted in | ||||||
16 | physical injuries personally inflicted by
the | ||||||
17 | defendant on the murdered individual under the | ||||||
18 | circumstances of
subdivision (ii) of subparagraph (a) | ||||||
19 | of paragraph (6) of subsection (b) of
this Section, the | ||||||
20 | defendant acted with the intent to kill the murdered
| ||||||
21 | individual or with the knowledge that his acts created | ||||||
22 | a strong probability
of death or great bodily harm to | ||||||
23 | the murdered individual or another; and
| ||||||
24 | (c) the other felony was an inherently violent | ||||||
25 | crime
or the attempt to commit an inherently
violent | ||||||
26 | crime.
In this subparagraph (c), "inherently violent |
| |||||||
| |||||||
1 | crime" includes, but is not
limited to, armed robbery, | ||||||
2 | robbery, predatory criminal sexual assault of a
child,
| ||||||
3 | aggravated criminal sexual assault, aggravated | ||||||
4 | kidnapping, aggravated vehicular
hijacking,
aggravated | ||||||
5 | arson, aggravated stalking, residential burglary, and | ||||||
6 | home
invasion; or
| ||||||
7 | (7) the murdered individual was under 12 years of age | ||||||
8 | and the
death resulted from exceptionally brutal or heinous | ||||||
9 | behavior indicative of
wanton cruelty; or
| ||||||
10 | (8) the defendant committed the murder with intent to
| ||||||
11 | prevent the murdered individual from testifying or | ||||||
12 | participating in any
criminal investigation or prosecution
| ||||||
13 | or giving material assistance to the State in any | ||||||
14 | investigation or
prosecution, either against the defendant | ||||||
15 | or another; or the defendant
committed the murder because | ||||||
16 | the murdered individual was a witness in any
prosecution or | ||||||
17 | gave material assistance to the State in any investigation
| ||||||
18 | or prosecution, either against the defendant or another;
| ||||||
19 | for purposes of this paragraph (8), "participating in any | ||||||
20 | criminal
investigation
or prosecution" is intended to | ||||||
21 | include those appearing in the proceedings in
any capacity | ||||||
22 | such as trial judges, prosecutors, defense attorneys,
| ||||||
23 | investigators, witnesses, or jurors; or
| ||||||
24 | (9) the defendant, while committing an offense | ||||||
25 | punishable under
Sections 401, 401.1, 401.2, 405, 405.2, | ||||||
26 | 407 or 407.1 or subsection (b) of
Section
404 of the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, or while engaged in a
| ||||||
2 | conspiracy or solicitation to commit such offense, | ||||||
3 | intentionally killed an
individual or counseled, | ||||||
4 | commanded, induced, procured or caused the
intentional | ||||||
5 | killing of the murdered individual; or
| ||||||
6 | (10) the defendant was incarcerated in an institution | ||||||
7 | or facility of
the Department of Corrections at the time of | ||||||
8 | the murder, and while
committing an offense punishable as a | ||||||
9 | felony under Illinois law, or while
engaged in a conspiracy | ||||||
10 | or solicitation to commit such offense,
intentionally | ||||||
11 | killed an individual or counseled, commanded, induced,
| ||||||
12 | procured or caused the intentional killing of the murdered | ||||||
13 | individual; or
| ||||||
14 | (11) the murder was committed in a cold, calculated and | ||||||
15 | premeditated
manner pursuant to a preconceived plan, | ||||||
16 | scheme or design to take a human
life by unlawful means, | ||||||
17 | and the conduct of the defendant created a
reasonable | ||||||
18 | expectation that the death of a human being would result
| ||||||
19 | therefrom; or
| ||||||
20 | (12) the murdered individual was an emergency medical | ||||||
21 | technician -
ambulance, emergency medical technician - | ||||||
22 | intermediate, emergency medical
technician - paramedic, | ||||||
23 | ambulance driver, or
other medical assistance or first aid | ||||||
24 | personnel, employed by a municipality
or other | ||||||
25 | governmental unit, killed in the course of performing his | ||||||
26 | official
duties, to prevent the performance of his official |
| |||||||
| |||||||
1 | duties, or in retaliation
for performing his official | ||||||
2 | duties, and the defendant knew or should have
known that | ||||||
3 | the murdered individual was an emergency medical | ||||||
4 | technician -
ambulance, emergency medical technician - | ||||||
5 | intermediate, emergency medical
technician - paramedic, | ||||||
6 | ambulance driver, or
other medical assistance or first aid | ||||||
7 | personnel; or
| ||||||
8 | (13) the defendant was a principal administrator, | ||||||
9 | organizer, or leader
of a calculated criminal drug | ||||||
10 | conspiracy consisting of a hierarchical position
of | ||||||
11 | authority superior to that of all other members of the | ||||||
12 | conspiracy, and the
defendant counseled, commanded, | ||||||
13 | induced, procured, or caused the intentional
killing of the | ||||||
14 | murdered person;
or
| ||||||
15 | (14) the murder was intentional and involved the | ||||||
16 | infliction of torture.
For
the purpose of this Section | ||||||
17 | torture means the infliction of or subjection to
extreme | ||||||
18 | physical pain, motivated by an intent to increase or | ||||||
19 | prolong the pain,
suffering or agony of the victim; or
| ||||||
20 | (15) the murder was committed as a result of the | ||||||
21 | intentional discharge
of a firearm by the defendant from a | ||||||
22 | motor vehicle and the victim was not
present within the | ||||||
23 | motor vehicle; or
| ||||||
24 | (16) the murdered individual was 60 years of age or | ||||||
25 | older and the death
resulted
from exceptionally brutal or | ||||||
26 | heinous behavior indicative of wanton cruelty; or
|
| |||||||
| |||||||
1 | (17) the murdered individual was a person with a | ||||||
2 | disability and the defendant knew
or
should have known that | ||||||
3 | the murdered individual was a person with a disability. For | ||||||
4 | purposes of
this paragraph (17), "person with a disability" | ||||||
5 | means a person who suffers from a
permanent physical or | ||||||
6 | mental impairment resulting from disease, an injury,
a | ||||||
7 | functional disorder, or a congenital condition that | ||||||
8 | renders the person
incapable of
adequately providing for | ||||||
9 | his or her own health or personal care; or
| ||||||
10 | (18) the murder was committed by reason of any person's | ||||||
11 | activity as a
community policing volunteer or to prevent | ||||||
12 | any person from engaging in activity
as a community | ||||||
13 | policing volunteer; or
| ||||||
14 | (19) the murdered individual was subject to an order of | ||||||
15 | protection and the
murder was committed by a person against | ||||||
16 | whom the same order of protection was
issued under the | ||||||
17 | Illinois Domestic Violence Act of 1986; or
| ||||||
18 | (20) the murdered individual was known by the defendant | ||||||
19 | to be a teacher or
other person employed in any school and | ||||||
20 | the teacher or other employee is upon
the grounds of a | ||||||
21 | school or grounds adjacent to a school, or is in any part | ||||||
22 | of a
building used for school purposes; or
| ||||||
23 | (21) the murder was committed by the defendant in | ||||||
24 | connection with or as
a
result of the offense of terrorism | ||||||
25 | as defined in Section 29D-14.9 of this
Code; or
| ||||||
26 | (22) the murdered individual was a member of a |
| |||||||
| |||||||
1 | congregation engaged in prayer or other religious | ||||||
2 | activities at a church, synagogue, mosque, or other | ||||||
3 | building, structure, or place used for religious worship. | ||||||
4 | (b-5) Aggravating Factor; Natural Life Imprisonment. A | ||||||
5 | defendant who has been found guilty of first degree murder and | ||||||
6 | who at the time of the commission of the offense had attained | ||||||
7 | the age of 18 years or more may be sentenced to natural life | ||||||
8 | imprisonment if
(i) the murdered individual was a physician, | ||||||
9 | physician assistant, psychologist, nurse, or advanced practice | ||||||
10 | registered nurse, (ii) the defendant knew or should have
known | ||||||
11 | that the murdered individual was a physician, physician | ||||||
12 | assistant, psychologist, nurse, or advanced practice | ||||||
13 | registered nurse, and (iii) the murdered individual was killed | ||||||
14 | in the course of acting in his or her capacity as a physician, | ||||||
15 | physician assistant, psychologist, nurse, or advanced practice | ||||||
16 | registered nurse, or to prevent him or her from acting in that | ||||||
17 | capacity, or in retaliation
for his or her acting in that | ||||||
18 | capacity. | ||||||
19 | (c) Consideration of factors in Aggravation and | ||||||
20 | Mitigation.
| ||||||
21 | The court shall consider, or shall instruct the jury to | ||||||
22 | consider any
aggravating and any mitigating factors which are | ||||||
23 | relevant to the
imposition of the death penalty. Aggravating | ||||||
24 | factors may include but
need not be limited to those factors | ||||||
25 | set forth in subsection (b).
Mitigating factors may include but | ||||||
26 | need not be limited to the following:
|
| |||||||
| |||||||
1 | (1) the defendant has no significant history of prior | ||||||
2 | criminal
activity;
| ||||||
3 | (2) the murder was committed while the defendant was | ||||||
4 | under
the influence of extreme mental or emotional | ||||||
5 | disturbance, although not such
as to constitute a defense | ||||||
6 | to prosecution;
| ||||||
7 | (3) the murdered individual was a participant in the
| ||||||
8 | defendant's homicidal conduct or consented to the | ||||||
9 | homicidal act;
| ||||||
10 | (4) the defendant acted under the compulsion of threat | ||||||
11 | or
menace of the imminent infliction of death or great | ||||||
12 | bodily harm;
| ||||||
13 | (5) the defendant was not personally present during
| ||||||
14 | commission of the act or acts causing death;
| ||||||
15 | (6) the defendant's background includes a history of | ||||||
16 | extreme emotional
or physical abuse;
| ||||||
17 | (7) the defendant suffers from a reduced mental | ||||||
18 | capacity.
| ||||||
19 | Provided, however, that an action that does not otherwise | ||||||
20 | mitigate first degree murder cannot qualify as a mitigating | ||||||
21 | factor for first degree murder because of the discovery, | ||||||
22 | knowledge, or disclosure of the victim's sexual orientation as | ||||||
23 | defined in Section 1-103 of the Illinois Human Rights Act. | ||||||
24 | (d) Separate sentencing hearing.
| ||||||
25 | Where requested by the State, the court shall conduct a | ||||||
26 | separate
sentencing proceeding to determine the existence of |
| |||||||
| |||||||
1 | factors set forth in
subsection (b) and to consider any | ||||||
2 | aggravating or mitigating factors as
indicated in subsection | ||||||
3 | (c). The proceeding shall be conducted:
| ||||||
4 | (1) before the jury that determined the defendant's | ||||||
5 | guilt; or
| ||||||
6 | (2) before a jury impanelled for the purpose of the | ||||||
7 | proceeding if:
| ||||||
8 | A. the defendant was convicted upon a plea of | ||||||
9 | guilty; or
| ||||||
10 | B. the defendant was convicted after a trial before | ||||||
11 | the court
sitting without a jury; or
| ||||||
12 | C. the court for good cause shown discharges the | ||||||
13 | jury that
determined the defendant's guilt; or
| ||||||
14 | (3) before the court alone if the defendant waives a | ||||||
15 | jury
for the separate proceeding.
| ||||||
16 | (e) Evidence and Argument.
| ||||||
17 | During the proceeding any information relevant to any of | ||||||
18 | the factors
set forth in subsection (b) may be presented by | ||||||
19 | either the State or the
defendant under the rules governing the | ||||||
20 | admission of evidence at
criminal trials. Any information | ||||||
21 | relevant to any additional aggravating
factors or any | ||||||
22 | mitigating factors indicated in subsection (c) may be
presented | ||||||
23 | by the State or defendant regardless of its admissibility
under | ||||||
24 | the rules governing the admission of evidence at criminal | ||||||
25 | trials.
The State and the defendant shall be given fair | ||||||
26 | opportunity to rebut any
information received at the hearing.
|
| |||||||
| |||||||
1 | (f) Proof.
| ||||||
2 | The burden of proof of establishing the existence of any of | ||||||
3 | the
factors set forth in subsection (b) is on the State and | ||||||
4 | shall not be
satisfied unless established beyond a reasonable | ||||||
5 | doubt.
| ||||||
6 | (g) Procedure - Jury.
| ||||||
7 | If at the separate sentencing proceeding the jury finds | ||||||
8 | that none of
the factors set forth in subsection (b) exists, | ||||||
9 | the court shall sentence
the defendant to a term of | ||||||
10 | imprisonment under Chapter V of the Unified
Code of | ||||||
11 | Corrections. If there is a unanimous finding by the jury that
| ||||||
12 | one or more of the factors set forth in subsection (b) exist, | ||||||
13 | the jury
shall consider aggravating and mitigating factors as | ||||||
14 | instructed by the
court and shall determine whether the | ||||||
15 | sentence of death shall be
imposed. If the jury determines | ||||||
16 | unanimously, after weighing the factors in
aggravation and | ||||||
17 | mitigation, that death is the appropriate sentence, the court | ||||||
18 | shall sentence the defendant to death.
If the court does not | ||||||
19 | concur with the jury determination that death is the
| ||||||
20 | appropriate sentence, the court shall set forth reasons in | ||||||
21 | writing
including what facts or circumstances the court relied | ||||||
22 | upon,
along with any relevant
documents, that compelled the | ||||||
23 | court to non-concur with the sentence. This
document and any | ||||||
24 | attachments shall be part of the record for appellate
review. | ||||||
25 | The court shall be bound by the jury's sentencing | ||||||
26 | determination.
|
| |||||||
| |||||||
1 | If after weighing the factors in aggravation and | ||||||
2 | mitigation, one or more
jurors determines that death is not the | ||||||
3 | appropriate sentence,
the
court shall sentence the defendant to | ||||||
4 | a term of imprisonment under
Chapter V of the Unified Code of | ||||||
5 | Corrections.
| ||||||
6 | (h) Procedure - No Jury.
| ||||||
7 | In a proceeding before the court alone, if the court finds | ||||||
8 | that none
of the factors found in subsection (b) exists, the | ||||||
9 | court shall sentence
the defendant to a term of imprisonment | ||||||
10 | under Chapter V of the Unified
Code of Corrections.
| ||||||
11 | If the Court determines that one or more of the factors set | ||||||
12 | forth in
subsection (b) exists, the Court shall consider any | ||||||
13 | aggravating and
mitigating factors as indicated in subsection | ||||||
14 | (c). If the Court
determines, after weighing the factors in | ||||||
15 | aggravation and mitigation, that
death is the appropriate | ||||||
16 | sentence, the Court shall sentence the
defendant to death.
| ||||||
17 | If
the court finds that death is not the
appropriate | ||||||
18 | sentence, the
court shall sentence the defendant to a term of | ||||||
19 | imprisonment under
Chapter V of the Unified Code of | ||||||
20 | Corrections.
| ||||||
21 | (h-5) Decertification as a capital case.
| ||||||
22 | In a case in which the defendant has been found guilty of | ||||||
23 | first degree murder
by a judge or jury, or a case on remand for | ||||||
24 | resentencing, and the State seeks
the death penalty as an | ||||||
25 | appropriate
sentence,
on the court's own motion or the written | ||||||
26 | motion of the defendant, the court
may decertify the case as a |
| |||||||
| |||||||
1 | death penalty case if the court finds that the only
evidence | ||||||
2 | supporting the defendant's conviction is the uncorroborated | ||||||
3 | testimony
of an informant witness, as defined in Section 115-21 | ||||||
4 | of the Code of Criminal
Procedure of 1963, concerning the | ||||||
5 | confession or admission of the defendant or
that the sole | ||||||
6 | evidence against the defendant is a single eyewitness or single
| ||||||
7 | accomplice without any other corroborating evidence.
If the | ||||||
8 | court decertifies the case as a capital case
under either of | ||||||
9 | the grounds set forth above, the court shall issue a
written | ||||||
10 | finding. The State may pursue its right to appeal the | ||||||
11 | decertification
pursuant to Supreme Court Rule 604(a)(1). If | ||||||
12 | the court does not
decertify the case as a capital case, the | ||||||
13 | matter shall proceed to the
eligibility phase of the sentencing | ||||||
14 | hearing.
| ||||||
15 | (i) Appellate Procedure.
| ||||||
16 | The conviction and sentence of death shall be subject to | ||||||
17 | automatic
review by the Supreme Court. Such review shall be in | ||||||
18 | accordance with
rules promulgated by the Supreme Court.
The | ||||||
19 | Illinois Supreme Court may overturn the death sentence, and | ||||||
20 | order the
imposition of imprisonment under Chapter V of the | ||||||
21 | Unified Code of
Corrections if the court finds that the death | ||||||
22 | sentence is fundamentally
unjust as applied to the particular | ||||||
23 | case.
If the Illinois Supreme Court finds that the
death | ||||||
24 | sentence is fundamentally unjust as applied to the particular | ||||||
25 | case,
independent of any procedural grounds for relief, the | ||||||
26 | Illinois Supreme Court
shall issue a written opinion explaining |
| |||||||
| |||||||
1 | this finding.
| ||||||
2 | (j) Disposition of reversed death sentence.
| ||||||
3 | In the event that the death penalty in this Act is held to | ||||||
4 | be
unconstitutional by the Supreme Court of the United States | ||||||
5 | or of the
State of Illinois, any person convicted of first | ||||||
6 | degree murder shall be
sentenced by the court to a term of | ||||||
7 | imprisonment under Chapter V of the
Unified Code of | ||||||
8 | Corrections.
| ||||||
9 | In the event that any death sentence pursuant to the | ||||||
10 | sentencing
provisions of this Section is declared | ||||||
11 | unconstitutional by the Supreme
Court of the United States or | ||||||
12 | of the State of Illinois, the court having
jurisdiction over a | ||||||
13 | person previously sentenced to death shall cause the
defendant | ||||||
14 | to be brought before the court, and the court shall sentence
| ||||||
15 | the defendant to a term of imprisonment under Chapter V of the
| ||||||
16 | Unified Code of Corrections.
| ||||||
17 | (k) Guidelines for seeking the death penalty.
| ||||||
18 | The Attorney General and
State's Attorneys Association | ||||||
19 | shall consult on voluntary guidelines for
procedures governing | ||||||
20 | whether or not to seek the death penalty. The guidelines
do not
| ||||||
21 | have the force of law and are only advisory in nature.
| ||||||
22 | (Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18; | ||||||
23 | 100-863, eff. 8-14-18; 101-223, eff. 1-1-20 .)
| ||||||
24 | (720 ILCS 5/33-3) (from Ch. 38, par. 33-3)
| ||||||
25 | Sec. 33-3. Official
misconduct. |
| |||||||
| |||||||
1 | (a) A public officer or employee or special government | ||||||
2 | agent commits misconduct
when, in his official capacity or | ||||||
3 | capacity as a special government agent, he or she commits any | ||||||
4 | of the following acts:
| ||||||
5 | (1) Intentionally or recklessly fails to perform any | ||||||
6 | mandatory duty as
required by law; or
| ||||||
7 | (2) Knowingly performs an act which he knows he is | ||||||
8 | forbidden by law to
perform; or
| ||||||
9 | (3) With intent to obtain a personal advantage for | ||||||
10 | himself or another,
he performs an act in excess of his | ||||||
11 | lawful authority; or
| ||||||
12 | (4) Solicits or knowingly accepts for the performance | ||||||
13 | of any act a fee
or reward which he knows is not authorized | ||||||
14 | by law.
| ||||||
15 | (b) An employee of a law enforcement agency commits | ||||||
16 | misconduct when he or she knowingly uses or communicates, | ||||||
17 | directly or indirectly, information acquired in the course of | ||||||
18 | employment, with the intent to obstruct, impede, or prevent the | ||||||
19 | investigation, apprehension, or prosecution of any criminal | ||||||
20 | offense or person. Nothing in this subsection (b) shall be | ||||||
21 | construed to impose liability for communicating to a | ||||||
22 | confidential resource, who is participating or aiding law | ||||||
23 | enforcement, in an ongoing investigation. | ||||||
24 | (c) A public officer or employee or special government | ||||||
25 | agent
convicted of violating any provision of
this Section | ||||||
26 | forfeits his or her office or employment or position as a |
| |||||||
| |||||||
1 | special government agent. In addition, he or she commits a
| ||||||
2 | Class
3 felony. | ||||||
3 | (d) For purposes of this Section : | ||||||
4 | "Special , "special government agent" has the meaning | ||||||
5 | ascribed to it in subsection (l) of Section 4A-101 of the | ||||||
6 | Illinois Governmental Ethics Act.
| ||||||
7 | (Source: P.A. 98-867, eff. 1-1-15 .)
| ||||||
8 | (720 ILCS 5/33-9 new) | ||||||
9 | Sec. 33-9. Law enforcement misconduct. | ||||||
10 | (a) A law enforcement officer or a person acting on behalf | ||||||
11 | of a law enforcement officer commits law enforcement misconduct | ||||||
12 | when, in the performance of his or her official duties, he or | ||||||
13 | she knowingly and intentionally: | ||||||
14 | (1) misrepresents or fails to provide facts describing | ||||||
15 | an incident in any report or during any investigations | ||||||
16 | regarding the law enforcement employee's conduct; | ||||||
17 | (2) withholds any knowledge of the misrepresentations | ||||||
18 | of another law enforcement officer from the law enforcement | ||||||
19 | employee's supervisor, investigator, or other person or | ||||||
20 | entity tasked with holding the law enforcement officer | ||||||
21 | accountable; or | ||||||
22 | (3) fails to comply with State law or their department | ||||||
23 | policy requiring the use of officer-worn body cameras. | ||||||
24 | (b) Sentence. Law enforcement misconduct is a Class 3 | ||||||
25 | felony.
|
| |||||||
| |||||||
1 | Section 10-255. The Code of Criminal Procedure of 1963 is | ||||||
2 | amended by changing the heading of Article 110 by changing | ||||||
3 | Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17, | ||||||
4 | 106D-1, 107-4, 107-9, 109-1, 109-2, 109-3, 109-3.1, 110-1, | ||||||
5 | 110-2, 110-3, 110-4, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2, | ||||||
6 | 110-6.4, 110-10, 110-11, 110-12, 111-2, 112A-23, 114-1, | ||||||
7 | 115-4.1, and 122-6 and by adding Section 110-1.5 as follows:
| ||||||
8 | (725 ILCS 5/102-6) (from Ch. 38, par. 102-6)
| ||||||
9 | Sec. 102-6. Pretrial release "Bail" .
| ||||||
10 | "Pretrial release" "Bail" has the meaning ascribed to bail | ||||||
11 | in Section 9 of Article I of the Illinois Constitution that is | ||||||
12 | non-monetary means the amount of money set by the court which | ||||||
13 | is required to
be obligated and secured as provided by law for | ||||||
14 | the release of a person in
custody in order that he will appear | ||||||
15 | before the court in which his
appearance may be required and | ||||||
16 | that he will comply with such conditions as
set forth in the | ||||||
17 | bail bond .
| ||||||
18 | (Source: Laws 1963, p. 2836.)
| ||||||
19 | (725 ILCS 5/102-7) (from Ch. 38, par. 102-7)
| ||||||
20 | Sec. 102-7.
Conditions of pretrial release "Bail
bond" .
| ||||||
21 | "Conditions of pretrial release" "Bail bond" means the | ||||||
22 | conditions established by the court an undertaking secured by | ||||||
23 | bail entered into by a
person in custody by which he binds |
| |||||||
| |||||||
1 | himself to comply with such conditions
as are set forth | ||||||
2 | therein.
| ||||||
3 | (Source: Laws 1963, p. 2836.)
| ||||||
4 | (725 ILCS 5/103-5) (from Ch. 38, par. 103-5)
| ||||||
5 | Sec. 103-5. Speedy trial.) | ||||||
6 | (a) Every person in custody in this State for an alleged | ||||||
7 | offense shall
be tried by the court having jurisdiction within | ||||||
8 | 120 days from the date he or she
was taken into custody unless | ||||||
9 | delay is occasioned by the defendant, by an
examination for | ||||||
10 | fitness ordered pursuant to Section 104-13 of this Act, by
a | ||||||
11 | fitness hearing, by an adjudication of unfitness to stand | ||||||
12 | trial, by a
continuance allowed pursuant to Section 114-4 of | ||||||
13 | this Act after a court's
determination of the defendant's | ||||||
14 | physical incapacity for trial, or by an
interlocutory appeal. | ||||||
15 | Delay shall be considered to be agreed to by the
defendant | ||||||
16 | unless he or she objects to the delay by making a written | ||||||
17 | demand for
trial or an oral demand for trial on the record. The | ||||||
18 | provisions of this subsection
(a) do not apply to a person on | ||||||
19 | pretrial release bail or recognizance for an offense
but who is | ||||||
20 | in custody for a violation of his or her parole, aftercare | ||||||
21 | release, or mandatory
supervised release for another offense.
| ||||||
22 | The 120-day term must be one continuous period of | ||||||
23 | incarceration. In
computing the 120-day term, separate periods | ||||||
24 | of incarceration may not be
combined. If a defendant is taken | ||||||
25 | into custody a second (or subsequent) time
for the same |
| |||||||
| |||||||
1 | offense, the term will begin again at day zero.
| ||||||
2 | (b) Every person on pretrial release bail or recognizance | ||||||
3 | shall be tried by the court
having jurisdiction within 160 days | ||||||
4 | from the date defendant demands
trial unless delay is | ||||||
5 | occasioned by the defendant, by an examination for
fitness | ||||||
6 | ordered pursuant to Section 104-13 of this Act, by a fitness
| ||||||
7 | hearing, by an adjudication of unfitness to stand trial, by a | ||||||
8 | continuance
allowed pursuant to Section 114-4 of this Act after | ||||||
9 | a court's determination
of the defendant's physical incapacity | ||||||
10 | for trial, or by an interlocutory
appeal. The defendant's | ||||||
11 | failure to appear for any court date set by the
court operates | ||||||
12 | to waive the defendant's demand for trial made under this
| ||||||
13 | subsection.
| ||||||
14 | For purposes of computing the 160 day period under this | ||||||
15 | subsection (b),
every person who was in custody for an alleged | ||||||
16 | offense and demanded trial
and is subsequently released on | ||||||
17 | pretrial release bail or recognizance and demands trial,
shall | ||||||
18 | be given credit for time spent in custody following the making | ||||||
19 | of the
demand while in custody. Any demand for trial made under | ||||||
20 | this
subsection (b)
shall be in writing; and in the
case of a | ||||||
21 | defendant not in custody, the
demand for trial shall include | ||||||
22 | the date of any prior demand made under this
provision while | ||||||
23 | the defendant was in custody.
| ||||||
24 | (c) If the court determines that the State has exercised | ||||||
25 | without
success due diligence to obtain evidence material to | ||||||
26 | the case and that
there are reasonable grounds to believe that |
| |||||||
| |||||||
1 | such evidence may be
obtained at a later day the court may | ||||||
2 | continue the cause on application
of the State for not more | ||||||
3 | than an additional 60 days. If the court
determines that the | ||||||
4 | State has exercised without success due diligence to
obtain | ||||||
5 | results of DNA testing that is material to the case and that | ||||||
6 | there
are reasonable grounds to believe that such results may | ||||||
7 | be obtained at a
later day, the court may continue the cause on | ||||||
8 | application of the State for
not more than an additional 120 | ||||||
9 | days.
| ||||||
10 | (d) Every person not tried in accordance with subsections | ||||||
11 | (a), (b)
and (c) of this Section shall be discharged from | ||||||
12 | custody or released
from the obligations of his pretrial | ||||||
13 | release bail or recognizance.
| ||||||
14 | (e) If a person is simultaneously in custody upon more than | ||||||
15 | one
charge pending against him in the same county, or | ||||||
16 | simultaneously demands
trial upon more than one charge pending | ||||||
17 | against him in the same county,
he shall be tried, or adjudged | ||||||
18 | guilty after waiver of trial, upon at
least one such charge | ||||||
19 | before expiration relative to any of such pending
charges of | ||||||
20 | the period prescribed by subsections (a) and (b) of this
| ||||||
21 | Section. Such person shall be tried upon all of the remaining | ||||||
22 | charges
thus pending within 160 days from the date on which | ||||||
23 | judgment relative to
the first charge thus prosecuted is | ||||||
24 | rendered pursuant to the Unified Code of
Corrections or, if | ||||||
25 | such trial upon such first charge is terminated
without | ||||||
26 | judgment and there is no subsequent trial of, or adjudication |
| |||||||
| |||||||
1 | of
guilt after waiver of trial of, such first charge within a | ||||||
2 | reasonable
time, the person shall be tried upon all of the | ||||||
3 | remaining charges thus
pending within 160 days from the date on | ||||||
4 | which such trial is terminated;
if either such period of 160 | ||||||
5 | days expires without the commencement of
trial of, or | ||||||
6 | adjudication of guilt after waiver of trial of, any of such
| ||||||
7 | remaining charges thus pending, such charge or charges shall be
| ||||||
8 | dismissed and barred for want of prosecution unless delay is | ||||||
9 | occasioned
by the defendant, by an examination for fitness | ||||||
10 | ordered pursuant to
Section 104-13 of this Act, by a fitness | ||||||
11 | hearing, by an adjudication
of unfitness for trial, by a | ||||||
12 | continuance allowed pursuant to Section
114-4 of this Act after | ||||||
13 | a court's determination of the defendant's
physical incapacity | ||||||
14 | for trial, or by an interlocutory appeal; provided,
however, | ||||||
15 | that if the court determines that the State has exercised
| ||||||
16 | without success due diligence to obtain evidence material to | ||||||
17 | the case
and that there are reasonable grounds to believe that | ||||||
18 | such evidence may
be obtained at a later day the court may | ||||||
19 | continue the cause on
application of the State for not more | ||||||
20 | than an additional 60 days.
| ||||||
21 | (f) Delay occasioned by the defendant shall temporarily | ||||||
22 | suspend for
the time of the delay the period within which a | ||||||
23 | person shall be tried as
prescribed by subsections (a), (b), or | ||||||
24 | (e) of this Section and on the
day of expiration of the delay | ||||||
25 | the said period shall continue at the
point at which it was | ||||||
26 | suspended. Where such delay occurs within 21 days
of the end of |
| |||||||
| |||||||
1 | the period within which a person shall be tried as
prescribed | ||||||
2 | by subsections (a), (b), or (e) of this Section, the court
may | ||||||
3 | continue the cause on application of the State for not more | ||||||
4 | than an
additional 21 days beyond the period prescribed by | ||||||
5 | subsections (a), (b), or
(e). This subsection (f) shall become | ||||||
6 | effective on, and apply to persons
charged with alleged | ||||||
7 | offenses committed on or after, March 1, 1977.
| ||||||
8 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
9 | (725 ILCS 5/103-7) (from Ch. 38, par. 103-7)
| ||||||
10 | Sec. 103-7. Posting notice of rights.
| ||||||
11 | Every sheriff, chief of police or other person who is in | ||||||
12 | charge of any
jail, police station or other building where | ||||||
13 | persons under arrest are held
in custody pending investigation, | ||||||
14 | pretrial release bail or other criminal proceedings, shall
post | ||||||
15 | in every room, other than cells, of such buildings where | ||||||
16 | persons are
held in custody, in conspicuous places where it may | ||||||
17 | be seen and read by
persons in custody and others, a poster, | ||||||
18 | printed in large type, containing
a verbatim copy in the | ||||||
19 | English language of the provisions of Sections 103-2,
103-3, | ||||||
20 | 103-4, 109-1, 110-2, 110-4, and sub-parts (a) and (b) of
| ||||||
21 | Sections 110-7 and 113-3 of this Code. Each person who is in | ||||||
22 | charge of
any courthouse or other building in which any trial | ||||||
23 | of an offense is
conducted shall post in each room primarily | ||||||
24 | used for such trials and in
each room in which defendants are | ||||||
25 | confined or wait, pending trial, in
conspicuous places where it |
| |||||||
| |||||||
1 | may be seen and read by persons in custody and
others, a | ||||||
2 | poster, printed in large type, containing a verbatim copy in | ||||||
3 | the
English language of the provisions of Sections 103-6, | ||||||
4 | 113-1, 113-4 and
115-1 and of subparts (a) and (b) of Section | ||||||
5 | 113-3 of this Code.
| ||||||
6 | (Source: Laws 1965, p. 2622 .)
| ||||||
7 | (725 ILCS 5/103-9) (from Ch. 38, par. 103-9)
| ||||||
8 | Sec. 103-9. Bail bondsmen. No bail bondsman from any state | ||||||
9 | may seize
or transport unwillingly any person found in this | ||||||
10 | State who is allegedly in
violation of a bail bond posted in | ||||||
11 | some other state or conditions of pretrial release . The return | ||||||
12 | of any
such person to another state may be accomplished only as | ||||||
13 | provided by the
laws of this State. Any bail bondsman who | ||||||
14 | violates this Section is fully
subject to the criminal and | ||||||
15 | civil penalties provided by the laws of this
State for his | ||||||
16 | actions.
| ||||||
17 | (Source: P.A. 84-694.)
| ||||||
18 | (725 ILCS 5/104-13) (from Ch. 38, par. 104-13)
| ||||||
19 | Sec. 104-13. Fitness Examination.
| ||||||
20 | (a) When the issue of fitness involves
the defendant's | ||||||
21 | mental condition, the court shall order an examination of
the | ||||||
22 | defendant by one or more licensed physicians, clinical | ||||||
23 | psychologists,
or psychiatrists chosen by the court. No | ||||||
24 | physician, clinical
psychologist or psychiatrist employed by |
| |||||||
| |||||||
1 | the Department of Human Services shall
be ordered to perform,
| ||||||
2 | in his official capacity, an examination under this Section.
| ||||||
3 | (b) If the issue of fitness involves the defendant's | ||||||
4 | physical condition,
the court shall appoint one or more | ||||||
5 | physicians and in addition, such other
experts as it may deem | ||||||
6 | appropriate to examine the defendant and to report
to the court | ||||||
7 | regarding the defendant's condition.
| ||||||
8 | (c) An examination ordered under this Section shall be | ||||||
9 | given at the place
designated by the person who will conduct | ||||||
10 | the examination, except that if
the defendant is being held in | ||||||
11 | custody, the examination shall take place
at such location as | ||||||
12 | the court directs. No examinations under this
Section shall be | ||||||
13 | ordered to take place at mental health or developmental
| ||||||
14 | disabilities facilities operated by the Department of Human | ||||||
15 | Services.
If the defendant fails to keep appointments
without | ||||||
16 | reasonable cause or if the person conducting the examination | ||||||
17 | reports
to the court that diagnosis requires hospitalization or | ||||||
18 | extended observation,
the court may order the defendant | ||||||
19 | admitted to an appropriate facility for
an examination, other | ||||||
20 | than a screening examination, for not more than 7
days. The | ||||||
21 | court may, upon a showing of good cause, grant an additional
7 | ||||||
22 | days to complete the examination.
| ||||||
23 | (d) Release on pretrial release bail or on recognizance | ||||||
24 | shall not be revoked and an
application therefor shall not be | ||||||
25 | denied on the grounds that an examination
has been ordered.
| ||||||
26 | (e) Upon request by the defense and if the defendant is |
| |||||||
| |||||||
1 | indigent, the
court may appoint, in addition to the expert or | ||||||
2 | experts chosen pursuant to
subsection (a) of this Section, a | ||||||
3 | qualified expert selected by the defendant
to examine him and | ||||||
4 | to make a report as provided in Section 104-15. Upon
the filing | ||||||
5 | with the court of a verified statement of services rendered, | ||||||
6 | the
court shall enter an order on the county board to pay such | ||||||
7 | expert a
reasonable fee stated in the order.
| ||||||
8 | (Source: P.A. 89-507, eff. 7-1-97.)
| ||||||
9 | (725 ILCS 5/104-17) (from Ch. 38, par. 104-17)
| ||||||
10 | Sec. 104-17. Commitment for treatment; treatment plan.
| ||||||
11 | (a) If the defendant
is eligible to be or has been released | ||||||
12 | on pretrial release bail or on his own recognizance,
the court | ||||||
13 | shall select the least physically restrictive form of treatment
| ||||||
14 | therapeutically appropriate and consistent with the treatment | ||||||
15 | plan. The placement may be ordered either on an inpatient or an | ||||||
16 | outpatient basis.
| ||||||
17 | (b) If the defendant's disability is mental, the court may | ||||||
18 | order him placed
for treatment in the custody of the Department | ||||||
19 | of Human Services, or the court may order him placed in
the | ||||||
20 | custody of any other
appropriate public or private mental | ||||||
21 | health facility or treatment program
which has agreed to | ||||||
22 | provide treatment to the defendant. If the court orders the | ||||||
23 | defendant placed in the custody of the Department of Human | ||||||
24 | Services, the Department shall evaluate the defendant to | ||||||
25 | determine to which secure facility the defendant shall be |
| |||||||
| |||||||
1 | transported and, within 20 days of the transmittal by the clerk | ||||||
2 | of the circuit court of the placement court order, notify the | ||||||
3 | sheriff of the designated facility. Upon receipt of that | ||||||
4 | notice, the sheriff shall promptly transport the defendant to | ||||||
5 | the designated facility. If the defendant
is placed in the | ||||||
6 | custody of the Department of Human Services, the defendant | ||||||
7 | shall be placed in a
secure setting. During
the period of time | ||||||
8 | required to determine the appropriate placement the
defendant | ||||||
9 | shall remain in jail. If during the course of evaluating the | ||||||
10 | defendant for placement, the Department of Human Services | ||||||
11 | determines that the defendant is currently fit to stand trial, | ||||||
12 | it shall immediately notify the court and shall submit a | ||||||
13 | written report within 7 days. In that circumstance the | ||||||
14 | placement shall be held pending a court hearing on the | ||||||
15 | Department's report. Otherwise, upon completion of the | ||||||
16 | placement process, the
sheriff shall be notified and shall | ||||||
17 | transport the defendant to the designated
facility. If, within | ||||||
18 | 20 days of the transmittal by the clerk of the circuit court of | ||||||
19 | the placement court order, the Department fails to notify the | ||||||
20 | sheriff of the identity of the facility to which the defendant | ||||||
21 | shall be transported, the sheriff shall contact a designated | ||||||
22 | person within the Department to inquire about when a placement | ||||||
23 | will become available at the designated facility and bed | ||||||
24 | availability at other facilities. If, within
20 days of the | ||||||
25 | transmittal by the clerk of the circuit court of the placement | ||||||
26 | court order, the Department
fails to notify the sheriff of the |
| |||||||
| |||||||
1 | identity of the facility to
which the defendant shall be | ||||||
2 | transported, the sheriff shall
notify the Department of its | ||||||
3 | intent to transfer the defendant to the nearest secure mental | ||||||
4 | health facility operated by the Department and inquire as to | ||||||
5 | the status of the placement evaluation and availability for | ||||||
6 | admission to such facility operated by the Department by | ||||||
7 | contacting a designated person within the Department. The | ||||||
8 | Department shall respond to the sheriff within 2 business days | ||||||
9 | of the notice and inquiry by the sheriff seeking the transfer | ||||||
10 | and the Department shall provide the sheriff with the status of | ||||||
11 | the evaluation, information on bed and placement availability, | ||||||
12 | and an estimated date of admission for the defendant and any | ||||||
13 | changes to that estimated date of admission. If the Department | ||||||
14 | notifies the sheriff during the 2 business day period of a | ||||||
15 | facility operated by the Department with placement | ||||||
16 | availability, the sheriff shall promptly transport the | ||||||
17 | defendant to that facility. The placement may be ordered either | ||||||
18 | on an inpatient or an outpatient
basis.
| ||||||
19 | (c) If the defendant's disability is physical, the court | ||||||
20 | may order him
placed under the supervision of the Department of | ||||||
21 | Human
Services
which shall place and maintain the defendant in | ||||||
22 | a suitable treatment facility
or program, or the court may | ||||||
23 | order him placed in an appropriate public or
private facility | ||||||
24 | or treatment program which has agreed to provide treatment
to | ||||||
25 | the defendant. The placement may be ordered either on an | ||||||
26 | inpatient or
an outpatient basis.
|
| |||||||
| |||||||
1 | (d) The clerk of the circuit court shall within 5 days of | ||||||
2 | the entry of the order transmit to the Department, agency
or | ||||||
3 | institution, if any, to which the defendant is remanded for | ||||||
4 | treatment, the
following:
| ||||||
5 | (1) a certified copy of the order to undergo treatment. | ||||||
6 | Accompanying the certified copy of the order to undergo | ||||||
7 | treatment shall be the complete copy of any report prepared | ||||||
8 | under Section 104-15 of this Code or other report prepared | ||||||
9 | by a forensic examiner for the court;
| ||||||
10 | (2) the county and municipality in which the offense | ||||||
11 | was committed;
| ||||||
12 | (3) the county and municipality in which the arrest | ||||||
13 | took place; | ||||||
14 | (4) a copy of the arrest report, criminal charges, | ||||||
15 | arrest record; and
| ||||||
16 | (5) all additional matters which the Court directs the | ||||||
17 | clerk to transmit.
| ||||||
18 | (e) Within 30 days of entry of an order to undergo | ||||||
19 | treatment, the person
supervising the defendant's treatment | ||||||
20 | shall file with the court, the State,
and the defense a report | ||||||
21 | assessing the facility's or program's capacity
to provide | ||||||
22 | appropriate treatment for the defendant and indicating his | ||||||
23 | opinion
as to the probability of the defendant's attaining | ||||||
24 | fitness within a period
of time from the date of the finding of | ||||||
25 | unfitness. For a defendant charged with a felony, the period of | ||||||
26 | time shall be one year. For a defendant charged with a |
| |||||||
| |||||||
1 | misdemeanor, the period of time shall be no longer than the | ||||||
2 | sentence if convicted of the most serious offense. If the | ||||||
3 | report indicates
that there is a substantial probability that | ||||||
4 | the defendant will attain fitness
within the time period, the | ||||||
5 | treatment supervisor shall also file a treatment
plan which | ||||||
6 | shall include:
| ||||||
7 | (1) A diagnosis of the defendant's disability;
| ||||||
8 | (2) A description of treatment goals with respect to | ||||||
9 | rendering the
defendant
fit, a specification of the | ||||||
10 | proposed treatment modalities, and an estimated
timetable | ||||||
11 | for attainment of the goals;
| ||||||
12 | (3) An identification of the person in charge of | ||||||
13 | supervising the
defendant's
treatment.
| ||||||
14 | (Source: P.A. 99-140, eff. 1-1-16; 100-27, eff. 1-1-18 .)
| ||||||
15 | (725 ILCS 5/106D-1)
| ||||||
16 | Sec. 106D-1. Defendant's appearance by closed circuit | ||||||
17 | television and video conference.
| ||||||
18 | (a) Whenever the appearance in person in court, in either a | ||||||
19 | civil or criminal proceeding, is required of anyone held in a | ||||||
20 | place of custody or confinement operated by the State or any of | ||||||
21 | its political subdivisions, including counties and | ||||||
22 | municipalities, the chief judge of the circuit by rule may | ||||||
23 | permit the personal appearance to be made by means of two-way | ||||||
24 | audio-visual communication, including closed circuit | ||||||
25 | television and computerized video conference, in the following |
| |||||||
| |||||||
1 | proceedings: | ||||||
2 | (1) the initial appearance before a judge on a criminal | ||||||
3 | complaint, at which the conditions of pretrial release bail | ||||||
4 | will be set; | ||||||
5 | (2) the waiver of a preliminary hearing; | ||||||
6 | (3) the arraignment on an information or indictment at | ||||||
7 | which a plea of not guilty will be entered; | ||||||
8 | (4) the presentation of a jury waiver; | ||||||
9 | (5) any status hearing; | ||||||
10 | (6) any hearing conducted under the Sexually Violent | ||||||
11 | Persons Commitment Act at which no witness testimony will | ||||||
12 | be taken; and | ||||||
13 | (7) at any hearing conducted under the Sexually Violent | ||||||
14 | Persons Commitment Act at which no witness testimony will | ||||||
15 | be taken.
| ||||||
16 | (b) The two-way audio-visual communication facilities must | ||||||
17 | provide two-way audio-visual communication between the court | ||||||
18 | and the place of custody or confinement, and must include a | ||||||
19 | secure line over which the person in custody and his or her | ||||||
20 | counsel, if any, may communicate. | ||||||
21 | (c) Nothing in this Section shall be construed to prohibit | ||||||
22 | other court appearances through the use of two-way audio-visual | ||||||
23 | communication, upon waiver of any right the person in custody | ||||||
24 | or confinement may have to be present physically. | ||||||
25 | (d) Nothing in this Section shall be construed to establish | ||||||
26 | a right of any person held in custody or confinement to appear |
| |||||||
| |||||||
1 | in court through two-way audio-visual communication or to | ||||||
2 | require that any governmental entity, or place of custody or | ||||||
3 | confinement, provide two-way audio-visual communication.
| ||||||
4 | (Source: P.A. 95-263, eff. 8-17-07 .)
| ||||||
5 | (725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
| ||||||
6 | Sec. 107-4. Arrest by peace officer from other | ||||||
7 | jurisdiction.
| ||||||
8 | (a) As used in this Section:
| ||||||
9 | (1) "State" means any State of the United States and | ||||||
10 | the District of
Columbia.
| ||||||
11 | (2) "Peace Officer" means any peace officer or member | ||||||
12 | of any duly
organized State, County, or Municipal peace | ||||||
13 | unit, any police force of another
State, the United States | ||||||
14 | Department of Defense, or any police force whose members, | ||||||
15 | by statute, are granted and authorized to exercise powers | ||||||
16 | similar to those conferred upon any peace officer employed | ||||||
17 | by a law enforcement agency of this State.
| ||||||
18 | (3) "Fresh pursuit" means the immediate pursuit of a | ||||||
19 | person who is
endeavoring to avoid arrest.
| ||||||
20 | (4) "Law enforcement agency" means a municipal police | ||||||
21 | department or
county
sheriff's office of this State.
| ||||||
22 | (a-3) Any peace officer employed by a law enforcement | ||||||
23 | agency of this State
may conduct temporary questioning pursuant | ||||||
24 | to Section 107-14 of this Code and
may make arrests in any | ||||||
25 | jurisdiction within this State: (1) if the officer is
engaged |
| |||||||
| |||||||
1 | in the investigation of criminal activity that occurred in the | ||||||
2 | officer's
primary jurisdiction and the temporary questioning | ||||||
3 | or arrest relates to, arises from, or is conducted pursuant to | ||||||
4 | that investigation; or (2) if the officer, while on duty as a
| ||||||
5 | peace officer, becomes personally aware of the immediate | ||||||
6 | commission of a felony
or misdemeanor violation of the laws of | ||||||
7 | this State; or (3) if
the officer, while on duty as a peace | ||||||
8 | officer, is requested by an
appropriate State or local law | ||||||
9 | enforcement official to render aid or
assistance to the | ||||||
10 | requesting law enforcement agency that is outside the
officer's | ||||||
11 | primary jurisdiction; or (4) in accordance with Section | ||||||
12 | 2605-580 of the Department of State Police Law of the
Civil | ||||||
13 | Administrative Code of Illinois. While acting pursuant to this | ||||||
14 | subsection, an
officer has the same authority as within his or | ||||||
15 | her
own jurisdiction.
| ||||||
16 | (a-7) The law enforcement agency of the county or | ||||||
17 | municipality in which any
arrest is made under this Section | ||||||
18 | shall be immediately notified of the
arrest.
| ||||||
19 | (b) Any peace officer of another State who enters this | ||||||
20 | State in
fresh
pursuit and continues within this State in fresh | ||||||
21 | pursuit of a person in
order to arrest him on the ground that | ||||||
22 | he has committed an offense in the
other State has the same | ||||||
23 | authority to arrest and hold the person in custody
as peace | ||||||
24 | officers of this State have to arrest and hold a person in | ||||||
25 | custody
on the ground that he has committed an offense in this | ||||||
26 | State.
|
| |||||||
| |||||||
1 | (c) If an arrest is made in this State by a peace officer | ||||||
2 | of
another
State in accordance with the provisions of this | ||||||
3 | Section he shall without
unnecessary delay take the person | ||||||
4 | arrested before the circuit court of the
county in which the | ||||||
5 | arrest was made. Such court shall conduct a hearing for
the | ||||||
6 | purpose of determining the lawfulness of the arrest. If the | ||||||
7 | court
determines that the arrest was lawful it shall commit the | ||||||
8 | person arrested,
to await for a reasonable time the issuance of | ||||||
9 | an extradition warrant by
the Governor of this State, or admit | ||||||
10 | him to pretrial release bail for such purpose. If the
court | ||||||
11 | determines that the arrest was unlawful it shall discharge the | ||||||
12 | person
arrested.
| ||||||
13 | (Source: P.A. 98-576, eff. 1-1-14.)
| ||||||
14 | (725 ILCS 5/107-9) (from Ch. 38, par. 107-9)
| ||||||
15 | Sec. 107-9. Issuance of arrest warrant upon complaint.
| ||||||
16 | (a) When a complaint is presented to a court charging that | ||||||
17 | an offense
has been committed it shall examine upon oath or | ||||||
18 | affirmation the
complainant or any witnesses.
| ||||||
19 | (b) The complaint shall be in writing and shall:
| ||||||
20 | (1) State the name of the accused if known, and if not | ||||||
21 | known the accused
may be designated by any name or | ||||||
22 | description by which he can be identified
with reasonable | ||||||
23 | certainty;
| ||||||
24 | (2) State the offense with which the accused is | ||||||
25 | charged;
|
| |||||||
| |||||||
1 | (3) State the time and place of the offense as | ||||||
2 | definitely as can be done
by the complainant; and
| ||||||
3 | (4) Be subscribed and sworn to by the complainant.
| ||||||
4 | (b-5) If an arrest warrant is sought and the request is | ||||||
5 | made by electronic means that has a simultaneous video and | ||||||
6 | audio transmission between the requester and a judge, the judge | ||||||
7 | may issue an arrest warrant based upon a sworn complaint or | ||||||
8 | sworn testimony communicated in the transmission. | ||||||
9 | (c) A warrant shall be issued by the court for the arrest | ||||||
10 | of the person
complained against if it appears from the | ||||||
11 | contents of the complaint and the
examination of the | ||||||
12 | complainant or other witnesses, if any, that the person
against | ||||||
13 | whom the complaint was made has committed an offense.
| ||||||
14 | (d) The warrant of arrest shall:
| ||||||
15 | (1) Be in writing;
| ||||||
16 | (2) Specify the name, sex and birth date of the person | ||||||
17 | to be arrested
or if his name, sex or birth date is | ||||||
18 | unknown, shall designate such person
by any name or | ||||||
19 | description by which he can be identified with reasonable
| ||||||
20 | certainty;
| ||||||
21 | (3) Set forth the nature of the offense;
| ||||||
22 | (4) State the date when issued and the municipality or | ||||||
23 | county where
issued;
| ||||||
24 | (5) Be signed by the judge of the court with the title | ||||||
25 | of his office;
| ||||||
26 | (6) Command that the person against whom the complaint |
| |||||||
| |||||||
1 | was made be
arrested and brought before the court issuing | ||||||
2 | the warrant or if he is
absent or unable to act before the | ||||||
3 | nearest or most accessible court in the
same county;
| ||||||
4 | (7) Specify the conditions of pretrial release amount | ||||||
5 | of bail ; and
| ||||||
6 | (8) Specify any geographical limitation placed on the | ||||||
7 | execution of the
warrant, but such limitation shall not be | ||||||
8 | expressed in mileage.
| ||||||
9 | (e) The warrant shall be directed to all peace officers in | ||||||
10 | the State. It
shall be executed by the peace officer, or by a | ||||||
11 | private person specially
named therein, at any location within | ||||||
12 | the geographic limitation for
execution placed on the warrant. | ||||||
13 | If no geographic limitation is placed on
the warrant, then it | ||||||
14 | may be executed anywhere in the State.
| ||||||
15 | (f) The arrest warrant may be issued electronically or | ||||||
16 | electromagnetically by
use of electronic mail or a facsimile | ||||||
17 | transmission machine and any arrest warrant shall have the
same | ||||||
18 | validity as a written warrant.
| ||||||
19 | (Source: P.A. 101-239, eff. 1-1-20 .)
| ||||||
20 | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| ||||||
21 | Sec. 109-1. Person arrested ; release from law enforcement | ||||||
22 | custody and court appearance; geographical constraints prevent | ||||||
23 | in-person appearances .
| ||||||
24 | (a) A person arrested with or without a warrant for an | ||||||
25 | offense for which pretrial release may be denied under |
| |||||||
| |||||||
1 | paragraphs (1) through (6) of Section 110-6.1 shall be taken | ||||||
2 | without
unnecessary delay before the nearest and most | ||||||
3 | accessible judge
in that county, except when such county is a | ||||||
4 | participant in a
regional jail authority, in which event such | ||||||
5 | person may be taken to the
nearest and most accessible judge, | ||||||
6 | irrespective of the county where such
judge presides,
and a | ||||||
7 | charge shall be filed.
Whenever a person arrested either with | ||||||
8 | or without a warrant is required
to be taken
before a judge, a | ||||||
9 | charge
may be filed against such person by way of a two-way | ||||||
10 | closed circuit
television system, except that a hearing to deny | ||||||
11 | pretrial release bail to the defendant may
not be conducted by | ||||||
12 | way of closed circuit television.
| ||||||
13 | (a-1) Law enforcement shall issue a citation in lieu of | ||||||
14 | custodial arrest, upon proper identification, for those | ||||||
15 | accused of traffic and Class B and C criminal misdemeanor | ||||||
16 | offenses, or of petty and business offenses, who pose no | ||||||
17 | obvious threat to the community or any person, or who have no | ||||||
18 | obvious medical or mental health issues that pose a risk to | ||||||
19 | their own safety. Those released on citation shall be scheduled | ||||||
20 | into court within 21 days. | ||||||
21 | (a-3) A person arrested with or without a warrant for an | ||||||
22 | offense for which pretrial release may not be denied may, | ||||||
23 | except as otherwise provided in this Code, be released by the | ||||||
24 | officer without appearing before a judge. The releasing officer | ||||||
25 | shall issue the person a summons to appear within 21 days. A | ||||||
26 | presumption in favor of pretrial release shall by applied by an |
| |||||||
| |||||||
1 | arresting officer in the exercise of his or her discretion | ||||||
2 | under this Section. | ||||||
3 | (a-5) A person charged with an offense shall be allowed | ||||||
4 | counsel at the hearing at which pretrial release bail is | ||||||
5 | determined under Article 110 of this Code. If the defendant | ||||||
6 | desires counsel for his or her initial appearance but is unable | ||||||
7 | to obtain counsel, the court shall appoint a public defender or | ||||||
8 | licensed attorney at law of this State to represent him or her | ||||||
9 | for purposes of that hearing. | ||||||
10 | (b) Upon initial appearance of a person before the court, | ||||||
11 | the The judge shall:
| ||||||
12 | (1) inform Inform the defendant of the charge against | ||||||
13 | him and shall provide him
with a copy of the charge;
| ||||||
14 | (2) advise Advise the defendant of his right to counsel | ||||||
15 | and if indigent shall
appoint a public defender or licensed | ||||||
16 | attorney at law of this State to
represent him in | ||||||
17 | accordance with the provisions of Section 113-3 of this
| ||||||
18 | Code;
| ||||||
19 | (3) schedule Schedule a preliminary hearing in | ||||||
20 | appropriate cases;
| ||||||
21 | (4) admit Admit the defendant to pretrial release bail | ||||||
22 | in accordance with the provisions of
Article 110/5 110 of | ||||||
23 | this Code , or upon verified petition of the State, proceed | ||||||
24 | with the setting of a detention hearing as provided in | ||||||
25 | Section 110-6.1 ; and
| ||||||
26 | (5) Order the confiscation of the person's passport or |
| |||||||
| |||||||
1 | impose travel restrictions on a defendant arrested for | ||||||
2 | first degree murder or other violent crime as defined in | ||||||
3 | Section 3 of the Rights of Crime Victims and Witnesses Act, | ||||||
4 | if the judge determines, based on the factors in Section | ||||||
5 | 110-5 of this Code, that this will reasonably ensure the | ||||||
6 | appearance of the defendant and compliance by the defendant | ||||||
7 | with all conditions of release. | ||||||
8 | (c) The court may issue an order of protection in | ||||||
9 | accordance with
the provisions of Article 112A of this Code. | ||||||
10 | Crime victims shall be given notice by the State's Attorney's | ||||||
11 | office of this hearing as required in paragraph (2) of | ||||||
12 | subsection (b) of the Rights of Crime Victims and Witnesses Act | ||||||
13 | and shall be informed of their opportunity at this hearing to | ||||||
14 | obtain an order of protection under Article 112A of this Code.
| ||||||
15 | (d) At the initial appearance of a defendant in any | ||||||
16 | criminal proceeding, the court must advise the defendant in | ||||||
17 | open court that any foreign national who is arrested or | ||||||
18 | detained has the right to have notice of the arrest or | ||||||
19 | detention given to his or her country's consular | ||||||
20 | representatives and the right to communicate with those | ||||||
21 | consular representatives if the notice has not already been | ||||||
22 | provided. The court must make a written record of so advising | ||||||
23 | the defendant. | ||||||
24 | (e) If consular notification is not provided to a defendant | ||||||
25 | before his or her first appearance in court, the court shall | ||||||
26 | grant any reasonable request for a continuance of the |
| |||||||
| |||||||
1 | proceedings to allow contact with the defendant's consulate. | ||||||
2 | Any delay caused by the granting of the request by a defendant | ||||||
3 | shall temporarily suspend for the time of the delay the period | ||||||
4 | within which a person shall be tried as prescribed by | ||||||
5 | subsections (a), (b), or (e) of Section 103-5 of this Code and | ||||||
6 | on the day of the expiration of delay the period shall continue | ||||||
7 | at the point at which it was suspended. | ||||||
8 | (f) At the hearing at which conditions of pretrial release | ||||||
9 | are determined, the person charged shall be present in person | ||||||
10 | rather than by video phone or any other form of electronic | ||||||
11 | communication, unless the physical health and safety of the | ||||||
12 | person would be endangered by appearing in court or the accused | ||||||
13 | waives the right to be present in person. | ||||||
14 | (g) Defense counsel shall be given adequate opportunity to | ||||||
15 | confer with Defendant prior to any hearing in which conditions | ||||||
16 | of release or the detention of the Defendant is to be | ||||||
17 | considered, with a physical accommodation made to facilitate | ||||||
18 | attorney/client consultation. | ||||||
19 | (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, | ||||||
20 | eff. 1-1-18 .)
| ||||||
21 | (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
| ||||||
22 | Sec. 109-2. Person arrested in another county. (a) Any | ||||||
23 | person arrested in a county other than the one in which a | ||||||
24 | warrant
for his arrest was issued shall be taken without | ||||||
25 | unnecessary delay before
the nearest and most accessible judge |
| |||||||
| |||||||
1 | in the county where the arrest was
made or, if no additional | ||||||
2 | delay is created, before the nearest and most
accessible judge | ||||||
3 | in the county from which the warrant was issued. Upon arrival | ||||||
4 | in the county in which the warrant was issued, the status of | ||||||
5 | the arrested person's release status shall be determined by the | ||||||
6 | release revocation process described in Section 110-6. He
shall | ||||||
7 | be admitted to bail in the amount specified in the warrant or, | ||||||
8 | for
offenses other than felonies, in an amount as set by the | ||||||
9 | judge, and such
bail shall be conditioned on his appearing in | ||||||
10 | the court issuing the warrant
on a certain date. The judge may | ||||||
11 | hold a hearing to determine if the
defendant is the same person | ||||||
12 | as named in the warrant.
| ||||||
13 | (b) Notwithstanding the provisions of subsection (a), any | ||||||
14 | person
arrested in a county other than the one in which a | ||||||
15 | warrant for his arrest
was issued, may waive the right to be | ||||||
16 | taken before a judge in the county
where the arrest was made. | ||||||
17 | If a person so arrested waives such right, the
arresting agency | ||||||
18 | shall surrender such person to a law enforcement agency of
the | ||||||
19 | county that issued the warrant without unnecessary delay. The
| ||||||
20 | provisions of Section 109-1 shall then apply to the person so | ||||||
21 | arrested.
| ||||||
22 | (c) If a defendant is charged with a felony offense, but | ||||||
23 | has a warrant in another county, the defendant shall be taken | ||||||
24 | to the county that issued the warrant within 72 hours of the | ||||||
25 | completion of condition or detention hearing, so that release | ||||||
26 | or detention status can be resolved. This provision shall not |
| |||||||
| |||||||
1 | apply to warrants issued outside of Illinois. | ||||||
2 | (Source: P.A. 86-298.)
| ||||||
3 | (725 ILCS 5/109-3) (from Ch. 38, par. 109-3)
| ||||||
4 | Sec. 109-3. Preliminary examination.)
| ||||||
5 | (a) The judge shall hold the defendant to answer to the | ||||||
6 | court having
jurisdiction of the offense if from the evidence | ||||||
7 | it appears there is
probable cause to believe an offense has | ||||||
8 | been committed by the
defendant, as provided in Section 109-3.1 | ||||||
9 | of this Code, if the offense is a felony.
| ||||||
10 | (b) If the defendant waives preliminary examination the | ||||||
11 | judge shall hold
him to answer and may, or on the demand of the | ||||||
12 | prosecuting attorney shall,
cause the witnesses for the State | ||||||
13 | to be examined. After hearing the
testimony if it appears that | ||||||
14 | there is not probable cause to believe the
defendant guilty of | ||||||
15 | any offense the judge shall discharge him.
| ||||||
16 | (c) During the examination of any witness or when the | ||||||
17 | defendant is
making a statement or testifying the judge may and | ||||||
18 | on the request of the
defendant or State shall exclude all | ||||||
19 | other witnesses. He may also cause the
witnesses to be kept | ||||||
20 | separate and to be prevented from communicating with
each other | ||||||
21 | until all are examined.
| ||||||
22 | (d) If the defendant is held to answer the judge may | ||||||
23 | require any
material witness for the State or defendant to | ||||||
24 | enter into a written
undertaking to appear at the trial, and | ||||||
25 | may provide for the forfeiture of a
sum certain in the event |
| |||||||
| |||||||
1 | the witness does not appear at the trial. Any
witness who | ||||||
2 | refuses to execute a recognizance may be committed by the judge
| ||||||
3 | to the custody of the sheriff until trial or further order of | ||||||
4 | the court
having jurisdiction of the cause. Any witness who | ||||||
5 | executes a recognizance
and fails to comply with its terms | ||||||
6 | shall, in addition to any forfeiture
provided in the | ||||||
7 | recognizance, be subject to the penalty provided in Section
| ||||||
8 | 32-10 of the Criminal Code of 2012 for violation of the | ||||||
9 | conditions of pretrial release bail bond .
| ||||||
10 | (e) During preliminary hearing or examination the | ||||||
11 | defendant may move for
an order of suppression of evidence | ||||||
12 | pursuant to Section 114-11 or 114-12
of this Act or for other | ||||||
13 | reasons, and may move for dismissal of the charge
pursuant to | ||||||
14 | Section 114-1 of this Act or for other reasons.
| ||||||
15 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
16 | (725 ILCS 5/109-3.1) (from Ch. 38, par. 109-3.1)
| ||||||
17 | Sec. 109-3.1. Persons Charged with Felonies. (a) In any | ||||||
18 | case involving a person charged with a felony in this State,
| ||||||
19 | alleged to have been committed on or after January 1, 1984, the | ||||||
20 | provisions
of this Section shall apply.
| ||||||
21 | (b) Every person in custody in this State for the alleged | ||||||
22 | commission of
a felony shall receive either a preliminary | ||||||
23 | examination as provided in Section
109-3 or an indictment by | ||||||
24 | Grand Jury as provided in Section 111-2, within
30 days from | ||||||
25 | the date he or she was taken into custody. Every person on |
| |||||||
| |||||||
1 | pretrial release
bail or recognizance for the alleged | ||||||
2 | commission of a felony shall receive
either a preliminary | ||||||
3 | examination as provided in Section 109-3 or an indictment
by | ||||||
4 | Grand Jury as provided in Section 111-2, within 60 days from | ||||||
5 | the date he
or she was arrested.
| ||||||
6 | The provisions of this paragraph shall not apply in the | ||||||
7 | following situations:
| ||||||
8 | (1) when delay is occasioned by the defendant; or
| ||||||
9 | (2) when the defendant has been indicted by the Grand Jury | ||||||
10 | on the felony
offense for which he or she was initially taken | ||||||
11 | into custody or on an offense
arising from the same transaction | ||||||
12 | or conduct of the defendant that was the
basis for the felony | ||||||
13 | offense or offenses initially charged; or
| ||||||
14 | (3) when a competency examination is ordered by the court; | ||||||
15 | or
| ||||||
16 | (4) when a competency hearing is held; or
| ||||||
17 | (5) when an adjudication of incompetency for trial has been | ||||||
18 | made; or
| ||||||
19 | (6) when the case has been continued by the court under | ||||||
20 | Section 114-4 of
this Code after a determination that the | ||||||
21 | defendant is physically incompetent
to stand trial.
| ||||||
22 | (c) Delay occasioned by the defendant shall temporarily | ||||||
23 | suspend, for the
time of the delay, the period within which the | ||||||
24 | preliminary examination must
be held. On the day of expiration | ||||||
25 | of the delay the period in question shall
continue at the point | ||||||
26 | at which it was suspended.
|
| |||||||
| |||||||
1 | (Source: P.A. 83-644.)
| ||||||
2 | (725 ILCS 5/Art. 110 heading) | ||||||
3 | ARTICLE 110. PRETRIAL RELEASE BAIL
| ||||||
4 | (725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
| ||||||
5 | Sec. 110-1. Definitions. (a) (Blank). "Security" is that | ||||||
6 | which is required to be
pledged to insure the payment of bail.
| ||||||
7 | (b) "Sureties" encompasses the monetary and nonmonetary | ||||||
8 | requirements
set by the court as conditions for release either | ||||||
9 | before or after
conviction. "Surety" is one who executes a bail | ||||||
10 | bond and binds himself to pay
the bail if the person in custody | ||||||
11 | fails to comply with all conditions of
the bail bond.
| ||||||
12 | (c) The phrase "for which a sentence of imprisonment, | ||||||
13 | without
conditional and revocable release, shall be imposed by | ||||||
14 | law as a consequence
of conviction" means an offense for which | ||||||
15 | a sentence of imprisonment,
without probation, periodic | ||||||
16 | imprisonment or conditional discharge, is
required by law upon | ||||||
17 | conviction.
| ||||||
18 | (d) (Blank.) "Real and present threat to the physical | ||||||
19 | safety of any person or
persons", as used in this Article, | ||||||
20 | includes a threat to the community,
person, persons or class of | ||||||
21 | persons. | ||||||
22 | (e) Willful flight means planning or attempting to | ||||||
23 | intentionally evade prosecution by concealing oneself. Simple | ||||||
24 | past non-appearance in court alone is not evidence of future |
| |||||||
| |||||||
1 | intent to evade prosecution.
| ||||||
2 | (Source: P.A. 85-892.)
| ||||||
3 | (725 ILCS 5/110-1.5 new) | ||||||
4 | Sec. 110-1.5. Abolition of monetary bail. On and after | ||||||
5 | January 1, 2023, the requirement of posting monetary bail is | ||||||
6 | abolished, except as provided in the Uniform Criminal | ||||||
7 | Extradition Act, the Driver License Compact, or the Nonresident | ||||||
8 | Violator Compact which are compacts that have been entered into | ||||||
9 | between this State and its sister states.
| ||||||
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 of | ||||||
16 | 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 that | ||||||
22 | they are necessary to assure the defendant's appearance in | ||||||
23 | court, assure the defendant does not commit any criminal | ||||||
24 | offense, and complies with all conditions of pretrial release. |
| |||||||
| |||||||
1 | (c) Detention only shall be imposed when it is determined | ||||||
2 | that the defendant poses a specific, real and present threat to | ||||||
3 | a person, or has a high likelihood of willful flight. If the | ||||||
4 | court deems that the defendant is to be released on personal | ||||||
5 | recognizance, the court may require that a written admonishment | ||||||
6 | be signed by When from all the circumstances the court is of | ||||||
7 | the opinion that the
defendant will appear as required either | ||||||
8 | before or after
conviction and the
defendant will not pose a | ||||||
9 | danger to any person or the community
and that the
defendant | ||||||
10 | will comply with all conditions of bond, which
shall include | ||||||
11 | the defendant's current address with a written admonishment to
| ||||||
12 | the defendant requiring that he or she must comply with the | ||||||
13 | provisions of Section 110-12
of this Code regarding any change | ||||||
14 | in his or her address . The , the defendant may be released on | ||||||
15 | his or her own recognizance upon signature . The
defendant's | ||||||
16 | address shall at all times remain a matter of public record | ||||||
17 | with
the clerk of the court. A failure to appear as
required by | ||||||
18 | such recognizance shall constitute an offense subject to the
| ||||||
19 | penalty provided in Section 32-10 of the Criminal Code of 2012 | ||||||
20 | for violation of the conditions of pretrial release
bail bond, | ||||||
21 | and any obligated sum fixed in the recognizance shall be
| ||||||
22 | forfeited and collected in accordance with subsection (g) of | ||||||
23 | Section 110-7
of this Code .
| ||||||
24 | (d) If, after the procedures set out in Section 110-6.1, | ||||||
25 | the court decides to detain the defendant, the Court must make | ||||||
26 | a written finding as to why less restrictive conditions would |
| |||||||
| |||||||
1 | not assure safety to the community and assure the defendant's | ||||||
2 | appearance in court. At each subsequent appearance of the | ||||||
3 | defendant before the Court, the judge must find that continued | ||||||
4 | detention or the current set of conditions imposed are | ||||||
5 | necessary to avoid the specific, real and present threat to any | ||||||
6 | person or of willful flight from prosecution to continue | ||||||
7 | detention of the defendant. The court is not required to be | ||||||
8 | presented with new information or a change in circumstance to | ||||||
9 | consider reconsidering pretrial detention on current | ||||||
10 | conditions. | ||||||
11 | (e) This Section shall be liberally construed to effectuate | ||||||
12 | the purpose of
relying upon contempt of court proceedings or | ||||||
13 | criminal sanctions
instead of financial loss to assure the
| ||||||
14 | appearance of the defendant, and that the defendant will not | ||||||
15 | pose a danger to
any person or the community and that the | ||||||
16 | defendant will not pose comply with all
conditions of bond. | ||||||
17 | Monetary bail should be set only when it is
determined that no | ||||||
18 | other conditions of release will reasonably assure the
| ||||||
19 | defendant's appearance in court, that the defendant does not | ||||||
20 | present a
danger to any person or the community and that the | ||||||
21 | defendant will comply
with all conditions of pretrial release | ||||||
22 | bond .
| ||||||
23 | The State may appeal any order permitting release by | ||||||
24 | personal recognizance.
| ||||||
25 | (Source: P.A. 97-1150, eff. 1-25-13.)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
| ||||||
2 | Sec. 110-3. Options for warrant alternatives Issuance of | ||||||
3 | warrant . | ||||||
4 | (a) Upon failure to comply with any condition of pretrial | ||||||
5 | release a bail bond or recognizance
the court having | ||||||
6 | jurisdiction at the time of such failure may, on its own motion | ||||||
7 | or upon motion from the State, issue an order to show cause as | ||||||
8 | to why he or she shall not be subject to revocation of pretrial | ||||||
9 | release, or for sanctions, as provided in Section 110-6. | ||||||
10 | Nothing in this Section prohibits the court from issuing a | ||||||
11 | warrant under subsection (c) upon failure to comply with any | ||||||
12 | condition of pretrial release or recognizance. | ||||||
13 | (b) The order issued by the court shall state the facts | ||||||
14 | alleged to constitute the hearing to show cause or otherwise | ||||||
15 | why the person is subject to revocation of pretrial release. A | ||||||
16 | certified copy of the order shall be served upon the person at | ||||||
17 | least 48 hours in advance of the scheduled hearing. | ||||||
18 | (c) If the person does not appear at the hearing to show | ||||||
19 | cause or absconds, the court may, in addition
to any other | ||||||
20 | action provided by law, issue a warrant for the arrest of the
| ||||||
21 | person at liberty on pretrial release bail or his own | ||||||
22 | recognizance .
The contents of such a warrant shall be the same | ||||||
23 | as required for an arrest
warrant issued upon complaint and may | ||||||
24 | modify any previously imposed conditions placed upon the | ||||||
25 | person, rather than revoking pretrial release or issuing a | ||||||
26 | warrant for the person in accordance with the requirements in |
| |||||||
| |||||||
1 | subsections (d) and (e) of Section 110-5 . When a defendant is | ||||||
2 | at liberty on pretrial release bail or
his own recognizance on | ||||||
3 | a
felony charge and fails to appear in court as directed, the | ||||||
4 | court may shall
issue a warrant for the arrest of such person | ||||||
5 | after his or her failure to appear at the show for cause | ||||||
6 | hearing as provided in this Section . Such warrant shall be | ||||||
7 | noted
with a directive to peace officers to arrest the person | ||||||
8 | and hold such
person without pretrial release bail and to | ||||||
9 | deliver such person before the court for further
proceedings. | ||||||
10 | (d) If the order as described in Subsection B is issued, a | ||||||
11 | failure to appear shall not be recorded until the Defendant | ||||||
12 | fails to appear at the hearing to show cause. For the purpose | ||||||
13 | of any risk assessment or future evaluation of risk of willful | ||||||
14 | flight or risk of failure to appear, a non-appearance in court | ||||||
15 | cured by an appearance at the hearing to show cause shall not | ||||||
16 | be considered as evidence of future likelihood appearance in | ||||||
17 | court. A defendant who is arrested or surrenders within 30 days | ||||||
18 | of
the issuance of such warrant shall not be bailable in the | ||||||
19 | case in question
unless he shows by the preponderance of the | ||||||
20 | evidence that his failure to
appear was not intentional.
| ||||||
21 | (Source: P.A. 86-298; 86-984; 86-1028.)
| ||||||
22 | (725 ILCS 5/110-4) (from Ch. 38, par. 110-4)
| ||||||
23 | Sec. 110-4. Pretrial release Bailable Offenses .
| ||||||
24 | (a) All persons charged with an offense shall be eligible | ||||||
25 | for pretrial
release before conviction. Pretrial release may |
| |||||||
| |||||||
1 | only be denied when a
person is charged with an offense listed | ||||||
2 | in Section 110-6.1 or when the defendant has a high likelihood | ||||||
3 | of willful
flight, and after the court has held a hearing under | ||||||
4 | Section
110-6.1. All persons shall be bailable before | ||||||
5 | conviction, except the
following offenses where the proof is | ||||||
6 | evident or the presumption great that
the defendant is guilty | ||||||
7 | of the offense: capital offenses; offenses for
which a sentence | ||||||
8 | of life imprisonment may be imposed as a consequence of
| ||||||
9 | conviction; felony offenses for which a sentence of | ||||||
10 | imprisonment,
without conditional and revocable release, shall | ||||||
11 | be imposed
by law as a consequence of conviction, where the | ||||||
12 | court after a hearing,
determines that the release of the | ||||||
13 | defendant would pose a real and present
threat to the physical | ||||||
14 | safety of any person or persons; stalking or
aggravated | ||||||
15 | stalking, where the court, after a hearing, determines that the
| ||||||
16 | release of the defendant would pose a real and present threat | ||||||
17 | to the
physical safety of the alleged victim of the offense and | ||||||
18 | denial of bail
is necessary to prevent fulfillment of the | ||||||
19 | threat upon which the charge
is based;
or unlawful use of | ||||||
20 | weapons in violation of item (4) of subsection (a) of
Section | ||||||
21 | 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
22 | when that offense occurred in a school or in any
conveyance | ||||||
23 | owned,
leased, or contracted by a school to transport students | ||||||
24 | to or from school or a
school-related
activity, or on any | ||||||
25 | public way within 1,000 feet of real property comprising
any | ||||||
26 | school, where
the court, after a hearing, determines that the |
| |||||||
| |||||||
1 | release of the defendant would
pose a real and
present threat | ||||||
2 | to the physical safety of any person and denial of bail is
| ||||||
3 | necessary to prevent
fulfillment of that threat; or making a | ||||||
4 | terrorist threat in violation of
Section 29D-20 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012 or an attempt to | ||||||
6 | commit the offense of making a terrorist threat, where the | ||||||
7 | court, after a hearing, determines that the release of the | ||||||
8 | defendant would pose a real and present threat to the physical | ||||||
9 | safety of any person and denial of bail is necessary to prevent | ||||||
10 | fulfillment of that threat.
| ||||||
11 | (b) A person seeking pretrial release on bail who is | ||||||
12 | charged with a capital
offense or an offense for which a | ||||||
13 | sentence of life imprisonment may be
imposed shall not be | ||||||
14 | eligible for release pretrial bailable until a hearing is held | ||||||
15 | wherein such person
has the burden of demonstrating that the | ||||||
16 | proof of his guilt is not evident
and the presumption is not | ||||||
17 | great.
| ||||||
18 | (c) Where it is alleged that pretrial bail should be denied | ||||||
19 | to a person upon the
grounds that the person presents a real | ||||||
20 | and present threat to the physical
safety of any person or | ||||||
21 | persons, the burden of proof of such allegations
shall be upon | ||||||
22 | the State.
| ||||||
23 | (d) When it is alleged that pretrial bail should be denied | ||||||
24 | to a person
charged with stalking or aggravated stalking upon | ||||||
25 | the grounds set forth in
Section 110-6.3 of this Code, the | ||||||
26 | burden of proof of those allegations shall be
upon the State.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
2 | (725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
| ||||||
3 | Sec. 110-5. Determining the amount of bail and conditions | ||||||
4 | of release.
| ||||||
5 | (a) In determining which the amount of monetary bail or | ||||||
6 | conditions of pretrial release, if
any,
which will reasonably | ||||||
7 | assure the appearance of a defendant as required or
the safety | ||||||
8 | of any other person or the community and the likelihood of
| ||||||
9 | compliance by the
defendant with all the conditions of pretrial | ||||||
10 | release bail , the court shall, on the
basis of available | ||||||
11 | information, take into account such matters as : | ||||||
12 | (1) the
nature and circumstances of the offense | ||||||
13 | charged ; | ||||||
14 | (2) the weight of the evidence against the eligible | ||||||
15 | defendant, except that the court may consider the | ||||||
16 | admissibility of any evidence sought to be excluded; | ||||||
17 | (3) the history and characteristics of the eligible | ||||||
18 | defendant, including: | ||||||
19 | (A) the eligible defendant's character, physical | ||||||
20 | and mental condition, family ties, employment, | ||||||
21 | financial resources, length of residence in the | ||||||
22 | community, community ties, past relating to drug or | ||||||
23 | alcohol abuse, conduct, history criminal history, and | ||||||
24 | record concerning appearance at court proceedings; and | ||||||
25 | (B) whether, at the time of the current offense or |
| |||||||
| |||||||
1 | arrest, the eligible defendant was on probation, | ||||||
2 | parole, or on other release pending trial, sentencing, | ||||||
3 | appeal, or completion of sentence for an offense under | ||||||
4 | federal law, or the law of this or any other state; | ||||||
5 | (4) the nature and seriousness of the specific, | ||||||
6 | real and present threat to any person that would be | ||||||
7 | posed by the eligible defendant's release, if | ||||||
8 | applicable; as required under paragraph (7.5) of | ||||||
9 | Section 4 of the Rights of Crime Victims and Witnesses | ||||||
10 | Act; and | ||||||
11 | (5) the nature and seriousness of the risk of | ||||||
12 | obstructing or attempting to obstruct the criminal | ||||||
13 | justice process that would be posed by the eligible | ||||||
14 | defendant's release, if applicable. | ||||||
15 | (b) The court shall impose any conditions that are | ||||||
16 | mandatory under Section 110-10. The court may impose any | ||||||
17 | conditions that are permissible under Section 110-10. , whether | ||||||
18 | the evidence
shows that as part of the offense there was a use | ||||||
19 | of violence or threatened
use of violence, whether the offense | ||||||
20 | involved corruption of public
officials or employees, whether | ||||||
21 | there was physical harm or threats of physical
harm to any
| ||||||
22 | public official, public employee, judge, prosecutor, juror or | ||||||
23 | witness,
senior citizen, child, or person with a disability, | ||||||
24 | whether evidence shows that
during the offense or during the | ||||||
25 | arrest the defendant possessed or used a
firearm, machine gun, | ||||||
26 | explosive or metal piercing ammunition or explosive
bomb device |
| |||||||
| |||||||
1 | or any military or paramilitary armament,
whether the evidence
| ||||||
2 | shows that the offense committed was related to or in | ||||||
3 | furtherance of the
criminal activities of an organized gang or | ||||||
4 | was motivated by the defendant's
membership in or allegiance to | ||||||
5 | an organized gang,
the condition of the
victim, any written | ||||||
6 | statement submitted by the victim or proffer or
representation | ||||||
7 | by the State regarding the
impact which the alleged criminal | ||||||
8 | conduct has had on the victim and the
victim's concern, if any, | ||||||
9 | with further contact with the defendant if
released on bail, | ||||||
10 | whether the offense was based on racial, religious,
sexual | ||||||
11 | orientation or ethnic hatred,
the likelihood of the filing of a | ||||||
12 | greater charge, the likelihood of
conviction, the sentence | ||||||
13 | applicable upon conviction, the weight of the evidence
against | ||||||
14 | such defendant, whether there exists motivation or ability to
| ||||||
15 | flee, whether there is any verification as to prior residence, | ||||||
16 | education,
or family ties in the local jurisdiction, in another | ||||||
17 | county,
state or foreign country, the defendant's employment, | ||||||
18 | financial resources,
character and mental condition, past | ||||||
19 | conduct, prior use of alias names or
dates of birth, and length | ||||||
20 | of residence in the community,
the consent of the defendant to | ||||||
21 | periodic drug testing in accordance with
Section 110-6.5,
| ||||||
22 | whether a foreign national defendant is lawfully admitted in | ||||||
23 | the United
States of America, whether the government of the | ||||||
24 | foreign national
maintains an extradition treaty with the | ||||||
25 | United States by which the foreign
government will extradite to | ||||||
26 | the United States its national for a trial for
a crime |
| |||||||
| |||||||
1 | allegedly committed in the United States, whether the defendant | ||||||
2 | is
currently subject to deportation or exclusion under the | ||||||
3 | immigration laws of
the United States, whether the defendant, | ||||||
4 | although a United States citizen,
is considered under the law | ||||||
5 | of any foreign state a national of that state
for the purposes | ||||||
6 | of extradition or non-extradition to the United States,
the | ||||||
7 | amount of unrecovered proceeds lost as a result of
the alleged | ||||||
8 | offense, the
source of bail funds tendered or sought to be | ||||||
9 | tendered for bail,
whether from the totality of the court's | ||||||
10 | consideration,
the loss of funds posted or sought to be posted | ||||||
11 | for bail will not deter the
defendant from flight, whether the | ||||||
12 | evidence shows that the defendant is
engaged in significant
| ||||||
13 | possession, manufacture, or delivery of a controlled substance | ||||||
14 | or cannabis,
either individually or in consort with others,
| ||||||
15 | whether at the time of the offense
charged he or she was on | ||||||
16 | bond or pre-trial release pending trial, probation,
periodic | ||||||
17 | imprisonment or conditional discharge pursuant to this Code or | ||||||
18 | the
comparable Code of any other state or federal jurisdiction, | ||||||
19 | whether the
defendant is on bond or
pre-trial release pending | ||||||
20 | the imposition or execution of sentence or appeal of
sentence | ||||||
21 | for any offense under the laws of Illinois or any other state | ||||||
22 | or
federal jurisdiction, whether the defendant is under parole, | ||||||
23 | aftercare release, mandatory
supervised release, or
work | ||||||
24 | release from the Illinois Department of Corrections or Illinois | ||||||
25 | Department of Juvenile Justice or any penal
institution or | ||||||
26 | corrections department of any state or federal
jurisdiction, |
| |||||||
| |||||||
1 | the defendant's record of convictions, whether the defendant | ||||||
2 | has been
convicted of a misdemeanor or ordinance offense in | ||||||
3 | Illinois or similar
offense in other state or federal | ||||||
4 | jurisdiction within the 10 years
preceding the current charge | ||||||
5 | or convicted of a felony in Illinois, whether
the defendant was | ||||||
6 | convicted of an offense in another state or federal
| ||||||
7 | jurisdiction that would
be a felony if committed in Illinois | ||||||
8 | within the 20 years preceding the
current charge or has been | ||||||
9 | convicted of such felony and released from the
penitentiary | ||||||
10 | within 20 years preceding the current charge if a
penitentiary | ||||||
11 | sentence was imposed in Illinois or other state or federal
| ||||||
12 | jurisdiction, the defendant's records of juvenile adjudication | ||||||
13 | of delinquency in any
jurisdiction, any record of appearance or | ||||||
14 | failure to appear by
the defendant at
court proceedings, | ||||||
15 | whether there was flight to avoid arrest or
prosecution, | ||||||
16 | whether the defendant escaped or
attempted to escape to avoid | ||||||
17 | arrest, whether the defendant refused to
identify himself or | ||||||
18 | herself, or whether there was a refusal by the defendant to be
| ||||||
19 | fingerprinted as required by law. Information used by the court | ||||||
20 | in its
findings or stated in or
offered in connection with this | ||||||
21 | Section may be by way of proffer based upon
reliable | ||||||
22 | information offered by the State or defendant.
All evidence | ||||||
23 | shall be admissible if it is relevant and
reliable regardless | ||||||
24 | of whether it would be admissible under the rules of
evidence | ||||||
25 | applicable at criminal trials.
If the State presents evidence | ||||||
26 | that the offense committed by the defendant
was related to or |
| |||||||
| |||||||
1 | in furtherance of the criminal activities of an organized
gang | ||||||
2 | or was motivated by the defendant's membership in or allegiance | ||||||
3 | to an
organized gang, and if the court determines that the | ||||||
4 | evidence may be
substantiated, the court shall prohibit the | ||||||
5 | defendant from associating with
other members of the organized | ||||||
6 | gang as a condition of bail or release.
For the purposes of | ||||||
7 | this Section,
"organized gang" has the meaning ascribed to it | ||||||
8 | in Section 10 of the Illinois
Streetgang Terrorism Omnibus | ||||||
9 | Prevention Act.
| ||||||
10 | (a-5) There shall be a presumption that any conditions of | ||||||
11 | release imposed shall be non-monetary in nature and the court | ||||||
12 | shall impose the least restrictive conditions or combination of | ||||||
13 | conditions necessary to reasonably assure the appearance of the | ||||||
14 | defendant for further court proceedings and protect the | ||||||
15 | integrity of
the judicial proceedings from a specific threat to | ||||||
16 | a witness or
participant. Conditions of release may include, | ||||||
17 | but not be limited to, electronic home monitoring, curfews, | ||||||
18 | drug counseling, stay-away orders, and in-person reporting. | ||||||
19 | The court shall consider the defendant's socio-economic | ||||||
20 | circumstance when setting conditions of release or imposing | ||||||
21 | monetary bail. | ||||||
22 | (b) The amount of bail shall be:
| ||||||
23 | (1) Sufficient to assure compliance with the | ||||||
24 | conditions set forth in the
bail bond, which shall include | ||||||
25 | the defendant's current address with a written
| ||||||
26 | admonishment to the defendant that he or she must comply |
| |||||||
| |||||||
1 | with the provisions of
Section 110-12 regarding any change | ||||||
2 | in his or her address. The defendant's
address shall at all | ||||||
3 | times remain a matter of public record with the clerk
of | ||||||
4 | the court.
| ||||||
5 | (2) Not oppressive.
| ||||||
6 | (3) Considerate of the financial ability of the | ||||||
7 | accused.
| ||||||
8 | (4) When a person is charged with a drug related | ||||||
9 | offense involving
possession or delivery of cannabis or | ||||||
10 | possession or delivery of a
controlled substance as defined | ||||||
11 | in the Cannabis Control Act,
the Illinois Controlled | ||||||
12 | Substances Act, or the Methamphetamine Control and | ||||||
13 | Community Protection Act, the full street value
of the | ||||||
14 | drugs seized shall be considered. "Street value" shall be
| ||||||
15 | determined by the court on the basis of a proffer by the | ||||||
16 | State based upon
reliable information of a law enforcement | ||||||
17 | official contained in a written
report as to the amount | ||||||
18 | seized and such proffer may be used by the court as
to the | ||||||
19 | current street value of the smallest unit of the drug | ||||||
20 | seized.
| ||||||
21 | (b-5) Upon the filing of a written request demonstrating | ||||||
22 | reasonable cause, the State's Attorney may request a source of | ||||||
23 | bail hearing either before or after the posting of any funds.
| ||||||
24 | If the hearing is granted, before the posting of any bail, the | ||||||
25 | accused must file a written notice requesting that the court | ||||||
26 | conduct a source of bail hearing. The notice must be |
| |||||||
| |||||||
1 | accompanied by justifying affidavits stating the legitimate | ||||||
2 | and lawful source of funds for bail. At the hearing, the court | ||||||
3 | shall inquire into any matters stated in any justifying | ||||||
4 | affidavits, and may also inquire into matters appropriate to | ||||||
5 | the determination which shall include, but are not limited to, | ||||||
6 | the following: | ||||||
7 | (1) the background, character, reputation, and | ||||||
8 | relationship to the accused of any surety; and | ||||||
9 | (2) the source of any money or property deposited by | ||||||
10 | any surety, and whether any such money or property | ||||||
11 | constitutes the fruits of criminal or unlawful conduct; and | ||||||
12 | (3) the source of any money posted as cash bail, and | ||||||
13 | whether any such money constitutes the fruits of criminal | ||||||
14 | or unlawful conduct; and | ||||||
15 | (4) the background, character, reputation, and | ||||||
16 | relationship to the accused of the person posting cash | ||||||
17 | bail. | ||||||
18 | Upon setting the hearing, the court shall examine, under | ||||||
19 | oath, any persons who may possess material information. | ||||||
20 | The State's Attorney has a right to attend the hearing, to | ||||||
21 | call witnesses and to examine any witness in the proceeding. | ||||||
22 | The court shall, upon request of the State's Attorney, continue | ||||||
23 | the proceedings for a reasonable period to allow the State's | ||||||
24 | Attorney to investigate the matter raised in any testimony or | ||||||
25 | affidavit.
If the hearing is granted after the accused has | ||||||
26 | posted bail, the court shall conduct a hearing consistent with |
| |||||||
| |||||||
1 | this subsection (b-5). At the conclusion of the hearing, the | ||||||
2 | court must issue an order either approving of disapproving the | ||||||
3 | bail.
| ||||||
4 | (c) When a person is charged with an offense punishable by | ||||||
5 | fine only the
amount of the bail shall not exceed double the | ||||||
6 | amount of the maximum penalty.
| ||||||
7 | (d) When a person has been convicted of an offense and only | ||||||
8 | a fine has
been imposed the amount of the bail shall not exceed | ||||||
9 | double the amount of
the fine.
| ||||||
10 | (e) The State may appeal any order granting bail or setting
| ||||||
11 | a given amount for bail. | ||||||
12 | (b) (f) When a person is charged with a violation of an | ||||||
13 | order of protection under Section 12-3.4 or 12-30 of the | ||||||
14 | Criminal Code of 1961 or the Criminal Code of 2012 or when a | ||||||
15 | person is charged with domestic battery, aggravated domestic | ||||||
16 | battery, kidnapping, aggravated kidnaping, unlawful restraint, | ||||||
17 | aggravated unlawful restraint, stalking, aggravated stalking, | ||||||
18 | cyberstalking, harassment by telephone, harassment through | ||||||
19 | electronic communications, or an attempt to commit first degree | ||||||
20 | murder committed against an intimate partner regardless | ||||||
21 | whether an order of protection has been issued against the | ||||||
22 | person, | ||||||
23 | (1) whether the alleged incident involved harassment | ||||||
24 | or abuse, as defined in the Illinois Domestic Violence Act | ||||||
25 | of 1986; | ||||||
26 | (2) whether the person has a history of domestic |
| |||||||
| |||||||
1 | violence, as defined in the Illinois Domestic Violence Act, | ||||||
2 | or a history of other criminal acts; | ||||||
3 | (3) based on the mental health of the person; | ||||||
4 | (4) whether the person has a history of violating the | ||||||
5 | orders of any court or governmental entity; | ||||||
6 | (5) whether the person has been, or is, potentially a | ||||||
7 | threat to any other person; | ||||||
8 | (6) whether the person has access to deadly weapons or | ||||||
9 | a history of using deadly weapons; | ||||||
10 | (7) whether the person has a history of abusing alcohol | ||||||
11 | or any controlled substance; | ||||||
12 | (8) based on the severity of the alleged incident that | ||||||
13 | is the basis of the alleged offense, including, but not | ||||||
14 | limited to, the duration of the current incident, and | ||||||
15 | whether the alleged incident involved the use of a weapon, | ||||||
16 | physical injury, sexual assault, strangulation, abuse | ||||||
17 | during the alleged victim's pregnancy, abuse of pets, or | ||||||
18 | forcible entry to gain access to the alleged victim; | ||||||
19 | (9) whether a separation of the person from the victim | ||||||
20 | of abuse alleged victim or a termination of the | ||||||
21 | relationship between the person and the victim of abuse | ||||||
22 | alleged victim has recently occurred or is pending; | ||||||
23 | (10) whether the person has exhibited obsessive or | ||||||
24 | controlling behaviors toward the victim of abuse alleged | ||||||
25 | victim , including, but not limited to, stalking, | ||||||
26 | surveillance, or isolation of the victim of abuse alleged |
| |||||||
| |||||||
1 | victim or victim's family member or members; | ||||||
2 | (11) whether the person has expressed suicidal or | ||||||
3 | homicidal ideations; | ||||||
4 | (11.5) any other factors deemed by the court to have a | ||||||
5 | reasonable bearing upon the defendant's propensity or | ||||||
6 | reputation for violent, abusive or assaultive behavior, or | ||||||
7 | lack of that behavior | ||||||
8 | (12) based on any information contained in the | ||||||
9 | complaint and any police reports, affidavits, or other | ||||||
10 | documents accompanying the complaint, | ||||||
11 | the court may, in its discretion, order the respondent to | ||||||
12 | undergo a risk assessment evaluation using a recognized, | ||||||
13 | evidence-based instrument conducted by an Illinois Department | ||||||
14 | of Human Services approved partner abuse intervention program | ||||||
15 | provider, pretrial service, probation, or parole agency. These | ||||||
16 | agencies shall have access to summaries of the defendant's | ||||||
17 | criminal history, which shall not include victim interviews or | ||||||
18 | information, for the risk evaluation. Based on the information | ||||||
19 | collected from the 12 points to be considered at a bail hearing | ||||||
20 | under this subsection (f), the results of any risk evaluation | ||||||
21 | conducted and the other circumstances of the violation, the | ||||||
22 | court may order that the person, as a condition of bail, be | ||||||
23 | placed under electronic surveillance as provided in Section | ||||||
24 | 5-8A-7 of the Unified Code of Corrections. Upon making a | ||||||
25 | determination whether or not to order the respondent to undergo | ||||||
26 | a risk assessment evaluation or to be placed under electronic |
| |||||||
| |||||||
1 | surveillance and risk assessment, the court shall document in | ||||||
2 | the record the court's reasons for making those determinations. | ||||||
3 | The cost of the electronic surveillance and risk assessment | ||||||
4 | shall be paid by, or on behalf, of the defendant. As used in | ||||||
5 | this subsection (f), "intimate partner" means a spouse or a | ||||||
6 | current or former partner in a cohabitation or dating | ||||||
7 | relationship. | ||||||
8 | (c) In cases of stalking or aggravated stalking under | ||||||
9 | Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the | ||||||
10 | court may consider the following additional factors: | ||||||
11 | (1) Any evidence of the defendant's prior criminal | ||||||
12 | history indicative of violent, abusive or assaultive | ||||||
13 | behavior, or lack of that behavior. The evidence may | ||||||
14 | include testimony or documents received in juvenile | ||||||
15 | proceedings, criminal, quasi-criminal, civil commitment, | ||||||
16 | domestic relations or other proceedings; | ||||||
17 | (2) Any evidence of the defendant's psychological, | ||||||
18 | psychiatric or other similar social history that tends to | ||||||
19 | indicate a violent, abusive, or assaultive nature, or lack | ||||||
20 | of any such history. | ||||||
21 | (3) The nature of the threat which is the basis of the | ||||||
22 | charge against the defendant; | ||||||
23 | (4) Any statements made by, or attributed to the | ||||||
24 | defendant, together with the circumstances surrounding | ||||||
25 | them; | ||||||
26 | (5) The age and physical condition of any person |
| |||||||
| |||||||
1 | allegedly assaulted by the defendant; | ||||||
2 | (6) Whether the defendant is known to possess or have | ||||||
3 | access to any weapon or weapons; | ||||||
4 | (7) Any other factors deemed by the court to have a | ||||||
5 | reasonable bearing upon the defendant's propensity or | ||||||
6 | reputation for violent, abusive or assaultive behavior, or | ||||||
7 | lack of that behavior. | ||||||
8 | (d) The Court may use a regularly validated risk assessment | ||||||
9 | tool to aid it determination of appropriate conditions of | ||||||
10 | release as provided for in Section 110-6.4. Risk assessment | ||||||
11 | tools may not be used as the sole basis to deny pretrial | ||||||
12 | release. If a risk assessment tool is used, the defendant's | ||||||
13 | counsel shall be provided with the information and scoring | ||||||
14 | system of the risk assessment tool used to arrive at the | ||||||
15 | determination. The defendant retains the right to challenge the | ||||||
16 | validity of a risk assessment tool used by the court and to | ||||||
17 | present evidence relevant to the defendant's challenge. | ||||||
18 | (e) If a person remains in pretrial detention after his or | ||||||
19 | her pretrial conditions hearing after having been ordered | ||||||
20 | released with pretrial conditions, the court shall hold a | ||||||
21 | hearing to determine the reason for continued detention. If the | ||||||
22 | reason for continued detention is due to the unavailability or | ||||||
23 | the defendant's ineligibility for one or more pretrial | ||||||
24 | conditions previously ordered by the court or directed by a | ||||||
25 | pretrial services agency, the court shall reopen the conditions | ||||||
26 | of release hearing to determine what available pretrial |
| |||||||
| |||||||
1 | conditions exist that will reasonably assure the appearance of | ||||||
2 | a defendant as required or the safety of any other person and | ||||||
3 | the likelihood of compliance by the defendant with all the | ||||||
4 | conditions of pretrial release. The inability of Defendant to | ||||||
5 | pay for a condition of release or any other ineligibility for a | ||||||
6 | condition of pretrial release shall not be used as a | ||||||
7 | justification for the pretrial detention of that Defendant. | ||||||
8 | (f) Prior to the defendant's first appearance, the Court | ||||||
9 | shall appoint the public defender or a licensed attorney at law | ||||||
10 | of this State to represent the Defendant for purposes of that | ||||||
11 | hearing, unless the defendant has obtained licensed counsel for | ||||||
12 | themselves. | ||||||
13 | (g) Electronic monitoring, GPS monitoring, or home | ||||||
14 | confinement can only be imposed condition of pretrial release | ||||||
15 | if a no less restrictive condition of release or combination of | ||||||
16 | less restrictive condition of release would reasonably ensure | ||||||
17 | the appearance of the defendant for later hearings or protect | ||||||
18 | an identifiable person or persons from imminent threat of | ||||||
19 | serious physical harm. | ||||||
20 | (h) If the court imposes electronic monitoring, GPS | ||||||
21 | monitoring, or home confinement the court shall set forth in | ||||||
22 | the record the basis for its finding. A defendant shall be | ||||||
23 | given custodial credit for each day he or she was subjected to | ||||||
24 | that program, at the same rate described in subsection (b) of | ||||||
25 | Section 5-4.5-100 of the unified code of correction. | ||||||
26 | (i) If electronic monitoring, GPS monitoring, or home |
| |||||||
| |||||||
1 | confinement is imposed, the court shall determine every 60 days | ||||||
2 | if no less restrictive condition of release or combination of | ||||||
3 | less restrictive conditions of release would reasonably ensure | ||||||
4 | the appearance, or continued appearance, of the defendant for | ||||||
5 | later hearings or protect an identifiable person or persons | ||||||
6 | from imminent threat of serious physical harm. If the court | ||||||
7 | finds that there are less restrictive conditions of release, | ||||||
8 | the court shall order that the condition be removed. | ||||||
9 | (j) Crime Victims shall be given notice by the State's | ||||||
10 | Attorney's office of this hearing as required in paragraph (1) | ||||||
11 | of subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
12 | and Witnesses Act and shall be informed of their opportunity at | ||||||
13 | this hearing to obtain an order of protection under Article | ||||||
14 | 112A of this Code.
| ||||||
15 | (Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18; revised | ||||||
16 | 7-12-19.)
| ||||||
17 | (725 ILCS 5/110-5.2) | ||||||
18 | Sec. 110-5.2. Pretrial release Bail ; pregnant pre-trial | ||||||
19 | detainee. | ||||||
20 | (a) It is the policy of this State that a pre-trial | ||||||
21 | detainee shall not be required to deliver a child while in | ||||||
22 | custody absent a finding by the court that continued pre-trial | ||||||
23 | custody is necessary to protect the public or the victim of the | ||||||
24 | offense on which the charge is based. | ||||||
25 | (b) If the court reasonably believes that a pre-trial |
| |||||||
| |||||||
1 | detainee will give birth while in custody, the court shall | ||||||
2 | order an alternative to custody unless, after a hearing, the | ||||||
3 | court determines: | ||||||
4 | (1) that the release of the pregnant pre-trial detainee | ||||||
5 | would pose a real and present threat to the physical safety | ||||||
6 | of the alleged victim of the offense and continuing custody | ||||||
7 | is necessary to prevent the fulfillment of the threat upon | ||||||
8 | which the charge is based; or | ||||||
9 | (2) that the release of the pregnant pre-trial detainee | ||||||
10 | would pose a real and present threat to the physical safety | ||||||
11 | of any person or persons or the general public. | ||||||
12 | (c) The court may order a pregnant or post-partum detainee | ||||||
13 | to be subject to electronic monitoring as a condition of | ||||||
14 | pre-trial release or order other condition or combination of | ||||||
15 | conditions the court reasonably determines are in the best | ||||||
16 | interest of the detainee and the public. | ||||||
17 | (d) This Section shall be applicable to a pregnant | ||||||
18 | pre-trial detainee in custody on or after the effective date of | ||||||
19 | this amendatory Act of the 100th General Assembly.
| ||||||
20 | (Source: P.A. 100-630, eff. 1-1-19 .)
| ||||||
21 | (725 ILCS 5/110-6) (from Ch. 38, par. 110-6)
| ||||||
22 | Sec. 110-6. Revocation of pretrial release, modification | ||||||
23 | of conditions of pretrial release, and sanctions for violations | ||||||
24 | of conditions of pretrial release Modification of bail or | ||||||
25 | conditions . |
| |||||||
| |||||||
1 | (a) When a defendant is granted pretrial release under this | ||||||
2 | section, that pretrial release may be revoked only under the | ||||||
3 | following conditions: | ||||||
4 | (1) if the defendant is charged with a detainable | ||||||
5 | felony as defined in 110-6.1, a defendant may be detained | ||||||
6 | after the State files a verified petition for such a | ||||||
7 | hearing, and gives the defendant notice as prescribed in | ||||||
8 | 110-6.1; or | ||||||
9 | (2) in accordance with subsection (b) of this section. | ||||||
10 | (b) Revocation due to a new criminal charge: If an | ||||||
11 | individual, while on pretrial release for a Felony or Class A | ||||||
12 | misdemeanor under this Section, is charged with a new felony or | ||||||
13 | Class A misdemeanor under the Criminal Code of 2012, the court | ||||||
14 | may, on its own motion or motion of the state, begin | ||||||
15 | proceedings to revoke the individual's' pretrial release. | ||||||
16 | (1) When the defendant is charged with a felony or | ||||||
17 | class A misdemeanor offense and while free on pretrial | ||||||
18 | release bail is charged with a subsequent felony or class A | ||||||
19 | misdemeanor offense that is alleged to have occurred during | ||||||
20 | the defendant's pretrial release, the state may file a | ||||||
21 | verified petition for revocation of pretrial release. | ||||||
22 | (2) When a defendant on pretrial release is charged | ||||||
23 | with a violation of an order of protection issued under | ||||||
24 | Section 112A-14 of this Code, or Section 214 of the | ||||||
25 | Illinois Domestic Violence Act of 1986 or previously was | ||||||
26 | convicted of a violation of an order of protection under |
| |||||||
| |||||||
1 | Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
2 | Criminal Code of 2012, and the subject of the order of | ||||||
3 | protection is the same person as the victim in the | ||||||
4 | underlying matter, the state shall file a verified petition | ||||||
5 | for revocation of pretrial release. | ||||||
6 | (3) Upon the filing of this petition, the court shall | ||||||
7 | order the transfer of the defendant and the application to | ||||||
8 | the court before which the previous felony matter is | ||||||
9 | pending. The defendant shall be held without bond pending | ||||||
10 | transfer to and a hearing before such court. The defendant | ||||||
11 | shall be transferred to the court before which the previous | ||||||
12 | matter is pending without unnecessary delay. In no event | ||||||
13 | shall the time between the filing of the state's petition | ||||||
14 | for revocation and the defendant's appearance before the | ||||||
15 | court before which the previous matter is pending exceed 72 | ||||||
16 | hours. | ||||||
17 | (4) The court before which the previous felony matter | ||||||
18 | is pending may revoke the defendant's pretrial release only | ||||||
19 | if it finds, after considering all relevant circumstances | ||||||
20 | including, but not limited to, the nature and seriousness | ||||||
21 | of the violation or criminal act alleged, by the court | ||||||
22 | finds clear and convincing evidence that no condition or | ||||||
23 | combination of conditions of release would reasonably | ||||||
24 | assure the appearance of the defendant for later hearings | ||||||
25 | or prevent the defendant from being charged with a | ||||||
26 | subsequent felony or class A misdemeanor. |
| |||||||
| |||||||
1 | (5) In lieu of revocation, the court may release the | ||||||
2 | defendant pre-trial, with or without modification of | ||||||
3 | conditions of pretrial release. | ||||||
4 | (6) If the case that caused the revocation is | ||||||
5 | dismissed, the defendant is found not guilty in the case | ||||||
6 | causing the revocation, or the defendant completes a | ||||||
7 | lawfully imposed sentence on the case causing the | ||||||
8 | revocation, the court shall, without unnecessary delay, | ||||||
9 | hold a hearing on conditions of release pursuant to section | ||||||
10 | 110-5 and release the defendant with or without | ||||||
11 | modification of conditions of pretrial release. | ||||||
12 | (7) Both the state and the defense may appeal an order | ||||||
13 | revoking pretrial release or denying a petition for | ||||||
14 | revocation of release. | ||||||
15 | (c) Violations other than re-arrest for a felony or class A | ||||||
16 | misdemeanor. If a defendant: | ||||||
17 | (1) fails to appear in court as required by their | ||||||
18 | conditions of release; | ||||||
19 | (2) is charged with a class B or C misdemeanor, petty | ||||||
20 | offense, traffic offense, or ordinance violation that is | ||||||
21 | alleged to have occurred during the defendant's pretrial | ||||||
22 | release; or | ||||||
23 | (3) violates any other condition of release set by the | ||||||
24 | court,
| ||||||
25 | the court shall follow the procedures set forth in Section | ||||||
26 | 110-3 to ensure the defendant's appearance in court to address |
| |||||||
| |||||||
1 | the violation. | ||||||
2 | (d) When a defendant appears in court for a notice to show | ||||||
3 | cause hearing, or after being arrested on a warrant issued | ||||||
4 | because of a failure to appear at a notice to show cause | ||||||
5 | hearing, or after being arrested for an offense other than a | ||||||
6 | felony or class A misdemeanor, the state may file a verified | ||||||
7 | petition requesting a hearing for sanctions. | ||||||
8 | (e) During the hearing for sanctions, the defendant shall | ||||||
9 | be represented by counsel and have an opportunity to be heard | ||||||
10 | regarding the violation and evidence in mitigation. The court | ||||||
11 | shall only impose sanctions if it finds by clear and convincing | ||||||
12 | evidence that: | ||||||
13 | 1. The defendant committed an act that violated a term | ||||||
14 | of their pretrial release; | ||||||
15 | 2. The defendant had actual knowledge that their action | ||||||
16 | would violate a court order; | ||||||
17 | 3. The violation of the court order was willful; and | ||||||
18 | 4. The violation was not caused by a lack of access to | ||||||
19 | financial monetary resources. | ||||||
20 | (f) Sanctions: sanctions for violations of pretrial | ||||||
21 | release may include: | ||||||
22 | 1. A verbal or written admonishment from the court; | ||||||
23 | 2. Imprisonment in the county jail for a period not | ||||||
24 | exceeding 30 days; | ||||||
25 | 3. A fine of not more than $200; or | ||||||
26 | 4. A modification of the defendant's pretrial |
| |||||||
| |||||||
1 | conditions. | ||||||
2 | (g) Modification of Pretrial Conditions | ||||||
3 | (a) The court may, at any time, after motion by either | ||||||
4 | party or on its own motion, remove previously set | ||||||
5 | conditions of pretrial release, subject to the provisions | ||||||
6 | in section (e). The court may only add or increase | ||||||
7 | conditions of pretrial release at a hearing under this | ||||||
8 | Section, in a warrant issued under Section 110-3, or upon | ||||||
9 | motion from the state. | ||||||
10 | (b) Modification of conditions of release regarding | ||||||
11 | contact with victims or witnesses. The court shall not | ||||||
12 | remove a previously set condition of bond regulating | ||||||
13 | contact with a victim or witness in the case, unless the | ||||||
14 | subject of the condition has been given notice of the | ||||||
15 | hearing as required in paragraph (1) of subsection (b) of | ||||||
16 | Section 4.5 of the Rights of Crime Victims and Witnesses | ||||||
17 | Act. If the subject of the condition of release is not | ||||||
18 | present, the court shall follow the procedures of paragraph | ||||||
19 | (10) of subsection (c-1) of the Rights of Crime Victims and | ||||||
20 | Witnesses Act. | ||||||
21 | (h) Notice to Victims: Crime Victims shall be given notice | ||||||
22 | by the State's Attorney's office of all hearings in this | ||||||
23 | section as required in paragraph (1) of subsection (b) of | ||||||
24 | Section 4.5 of the Rights of Crime Victims and Witnesses Act | ||||||
25 | and shall be informed of their opportunity at these hearing to | ||||||
26 | obtain an order of protection under Article 112A of this Code. |
| |||||||
| |||||||
1 | Upon verified application by
the State or the defendant or on | ||||||
2 | its own motion the court before which the
proceeding is
pending | ||||||
3 | may increase or reduce the amount of bail or may alter the
| ||||||
4 | conditions of the bail bond or grant bail where it has been | ||||||
5 | previously
revoked or denied.
If bail has been previously | ||||||
6 | revoked pursuant to subsection (f) of this
Section or if bail | ||||||
7 | has been denied to the defendant pursuant to subsection
(e) of | ||||||
8 | Section 110-6.1 or subsection (e) of Section 110-6.3, the | ||||||
9 | defendant
shall
be required to present a
verified application | ||||||
10 | setting forth in detail any new facts not known or
obtainable | ||||||
11 | at the time of the previous revocation or denial of bail
| ||||||
12 | proceedings. If the court grants bail where it has been | ||||||
13 | previously revoked
or denied, the court shall state on the | ||||||
14 | record of the proceedings the
findings of facts and conclusion | ||||||
15 | of law upon which such order is based.
| ||||||
16 | (a-5) In addition to any other available motion or | ||||||
17 | procedure under this Code, a person in custody solely for a | ||||||
18 | Category B offense due to an inability to post monetary bail | ||||||
19 | shall be brought before the court at the next available court | ||||||
20 | date or 7 calendar days from the date bail was set, whichever | ||||||
21 | is earlier, for a rehearing on the amount or conditions of bail | ||||||
22 | or release pending further court proceedings. The court may | ||||||
23 | reconsider conditions of release for any other person whose | ||||||
24 | inability to post monetary bail is the sole reason for | ||||||
25 | continued incarceration, including a person in custody for a | ||||||
26 | Category A offense or a Category A offense and a Category B |
| |||||||
| |||||||
1 | offense. The court may deny the rehearing permitted under this | ||||||
2 | subsection (a-5) if the person has failed to appear as required | ||||||
3 | before the court and is incarcerated based on a warrant for | ||||||
4 | failure to appear on the same original criminal offense. | ||||||
5 | (b) Violation of the conditions of Section
110-10 of this | ||||||
6 | Code or any special conditions of bail as ordered by the
court | ||||||
7 | shall constitute grounds for the court to increase
the amount | ||||||
8 | of bail, or otherwise alter the conditions of bail, or, where
| ||||||
9 | the alleged offense committed on bail is a forcible felony in | ||||||
10 | Illinois or
a Class 2 or greater offense under the Illinois
| ||||||
11 | Controlled Substances Act, the
Cannabis Control Act, or the | ||||||
12 | Methamphetamine Control and Community Protection Act, revoke | ||||||
13 | bail
pursuant to the appropriate provisions of subsection (e) | ||||||
14 | of this
Section.
| ||||||
15 | (c) Reasonable notice of such application by the defendant | ||||||
16 | shall be
given to the State.
| ||||||
17 | (d) Reasonable notice of such application by the State | ||||||
18 | shall be
given to the defendant, except as provided in | ||||||
19 | subsection (e).
| ||||||
20 | (e) Upon verified application by the State stating facts or
| ||||||
21 | circumstances constituting a violation or a threatened
| ||||||
22 | violation of any of the
conditions of the bail bond the court | ||||||
23 | may issue a warrant commanding any
peace officer to bring the | ||||||
24 | defendant without unnecessary delay before
the court for a | ||||||
25 | hearing on the matters set forth in the application. If
the | ||||||
26 | actual court before which the proceeding is pending is absent |
| |||||||
| |||||||
1 | or
otherwise unavailable another court may issue a warrant | ||||||
2 | pursuant to this
Section. When the defendant is charged with a | ||||||
3 | felony offense and while
free on bail is charged with a | ||||||
4 | subsequent felony offense and is the subject
of a proceeding | ||||||
5 | set forth in Section 109-1 or 109-3 of this Code, upon the
| ||||||
6 | filing of a verified petition by the State alleging a violation | ||||||
7 | of Section
110-10 (a) (4) of this Code, the court shall without | ||||||
8 | prior notice to the
defendant, grant leave to file such | ||||||
9 | application and shall order the
transfer of the defendant and | ||||||
10 | the application without unnecessary delay to
the court before | ||||||
11 | which the previous felony matter is pending for a hearing
as | ||||||
12 | provided in subsection (b) or this subsection of this Section. | ||||||
13 | The
defendant shall be held
without bond pending transfer to | ||||||
14 | and a hearing before such court. At
the conclusion of the | ||||||
15 | hearing based on a violation of the conditions of
Section | ||||||
16 | 110-10 of this Code or any special conditions of bail as | ||||||
17 | ordered by
the court the court may enter an order
increasing | ||||||
18 | the amount of bail or alter the conditions of bail as deemed
| ||||||
19 | appropriate.
| ||||||
20 | (f) Where the alleged violation consists of the violation | ||||||
21 | of
one or more felony statutes of any jurisdiction which would | ||||||
22 | be a
forcible felony in Illinois or a Class 2 or greater | ||||||
23 | offense under the
Illinois Controlled Substances Act, the
| ||||||
24 | Cannabis Control Act, or the Methamphetamine Control and | ||||||
25 | Community Protection Act and the
defendant is on bail for the | ||||||
26 | alleged
commission of a felony, or where the defendant is on |
| |||||||
| |||||||
1 | bail for a felony
domestic battery (enhanced pursuant to | ||||||
2 | subsection (b) of Section 12-3.2 of the
Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012), aggravated
domestic battery, | ||||||
4 | aggravated battery, unlawful restraint, aggravated unlawful
| ||||||
5 | restraint or domestic battery in violation
of item (1) of | ||||||
6 | subsection (a) of Section 12-3.2 of the Criminal Code of 1961 | ||||||
7 | or the Criminal Code of 2012
against a
family or household | ||||||
8 | member as defined in Section 112A-3 of this Code and the
| ||||||
9 | violation is an offense of domestic battery against
the same | ||||||
10 | victim the court shall, on the motion of the State
or its own | ||||||
11 | motion, revoke bail
in accordance with the following | ||||||
12 | provisions:
| ||||||
13 | (1) The court shall hold the defendant without bail | ||||||
14 | pending
the hearing on the alleged breach; however, if the | ||||||
15 | defendant
is not admitted to bail the
hearing shall be | ||||||
16 | commenced within 10 days from the date the defendant is
| ||||||
17 | taken into custody or the defendant may not be held any | ||||||
18 | longer without bail, unless delay is occasioned by the | ||||||
19 | defendant. Where defendant
occasions the delay, the | ||||||
20 | running of the 10 day period is temporarily
suspended and | ||||||
21 | resumes at the termination of the period of delay. Where
| ||||||
22 | defendant occasions the delay with 5 or fewer days | ||||||
23 | remaining in the 10
day period, the court may grant a | ||||||
24 | period of up to 5 additional days to
the State for good | ||||||
25 | cause shown. The State, however, shall retain the
right to | ||||||
26 | proceed to hearing on the alleged violation at any time, |
| |||||||
| |||||||
1 | upon
reasonable notice to the defendant and the court.
| ||||||
2 | (2) At a hearing on the alleged violation the State has | ||||||
3 | the burden
of going forward and proving the violation by | ||||||
4 | clear and convincing
evidence. The evidence shall be | ||||||
5 | presented in open court with the
opportunity to testify, to | ||||||
6 | present witnesses in his behalf, and to
cross-examine | ||||||
7 | witnesses if any are called by the State, and | ||||||
8 | representation
by counsel and
if the defendant is indigent | ||||||
9 | to have counsel appointed for him. The
rules of evidence | ||||||
10 | applicable in criminal trials in this State shall not
| ||||||
11 | govern the admissibility of evidence at such hearing.
| ||||||
12 | Information used by the court in its findings or stated in | ||||||
13 | or offered in
connection with hearings for increase or | ||||||
14 | revocation of bail may be by way
of proffer based upon | ||||||
15 | reliable information offered by the State or
defendant. All | ||||||
16 | evidence shall be admissible if it is relevant and reliable
| ||||||
17 | regardless of whether it would be admissible under the | ||||||
18 | rules of evidence
applicable at criminal trials. A motion | ||||||
19 | by the defendant to suppress
evidence or to suppress a | ||||||
20 | confession shall not be entertained at such a
hearing. | ||||||
21 | Evidence that proof may have been obtained as a result of | ||||||
22 | an
unlawful search and seizure or through improper | ||||||
23 | interrogation is not
relevant to this hearing.
| ||||||
24 | (3) Upon a finding by the court that the State has | ||||||
25 | established by
clear and convincing evidence that the | ||||||
26 | defendant has committed a
forcible felony or a Class 2 or |
| |||||||
| |||||||
1 | greater offense under the Illinois Controlled
Substances | ||||||
2 | Act, the Cannabis Control Act, or the Methamphetamine | ||||||
3 | Control and Community Protection Act while admitted to | ||||||
4 | bail, or where the
defendant is on bail for a felony | ||||||
5 | domestic battery (enhanced pursuant to
subsection (b) of | ||||||
6 | Section 12-3.2 of the Criminal Code of 1961 or the Criminal | ||||||
7 | Code of 2012), aggravated
domestic battery, aggravated | ||||||
8 | battery, unlawful
restraint, aggravated unlawful restraint | ||||||
9 | or domestic battery in violation of
item (1) of subsection | ||||||
10 | (a) of Section 12-3.2 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012
against
a family or household member | ||||||
12 | as defined in
Section 112A-3 of this Code and the violation | ||||||
13 | is an offense of domestic
battery, against the same victim, | ||||||
14 | the court
shall revoke the bail of
the defendant and hold | ||||||
15 | the defendant for trial without bail. Neither the
finding | ||||||
16 | of the court nor any transcript or other record of the | ||||||
17 | hearing
shall be admissible in the State's case in chief, | ||||||
18 | but shall be admissible
for impeachment, or as provided in | ||||||
19 | Section 115-10.1 of this Code or in a
perjury proceeding.
| ||||||
20 | (4) If the bail of any defendant is revoked pursuant to | ||||||
21 | paragraph
(f) (3) of this Section, the defendant may demand | ||||||
22 | and shall be entitled
to be brought to trial on the offense | ||||||
23 | with respect to which he was
formerly released on bail | ||||||
24 | within 90 days after the date on which his
bail was | ||||||
25 | revoked. If the defendant is not brought to trial within | ||||||
26 | the
90 day period required by the preceding sentence, he |
| |||||||
| |||||||
1 | shall not be held
longer without bail. In computing the 90 | ||||||
2 | day period, the court shall
omit any period of delay | ||||||
3 | resulting from a continuance granted at the
request of the | ||||||
4 | defendant.
| ||||||
5 | (5) If the defendant either is arrested on a warrant | ||||||
6 | issued pursuant
to this Code or is arrested for an | ||||||
7 | unrelated offense and it is subsequently
discovered that | ||||||
8 | the defendant is a subject of another warrant or warrants
| ||||||
9 | issued pursuant to this Code, the defendant shall be | ||||||
10 | transferred promptly
to the court which issued such | ||||||
11 | warrant. If, however, the defendant appears
initially | ||||||
12 | before a court other than the court which issued such | ||||||
13 | warrant,
the non-issuing court shall not alter the amount | ||||||
14 | of bail set on
such warrant unless the court sets forth on | ||||||
15 | the record of proceedings the
conclusions of law and facts | ||||||
16 | which are the basis for such altering of
another court's | ||||||
17 | bond. The non-issuing court shall not alter another courts
| ||||||
18 | bail set on a warrant unless the interests of justice and | ||||||
19 | public safety are
served by such action.
| ||||||
20 | (g) The State may appeal any order where the court has | ||||||
21 | increased or reduced
the amount of bail or altered the | ||||||
22 | conditions of the bail bond or granted bail where it has | ||||||
23 | previously been revoked.
| ||||||
24 | (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19 .)
| ||||||
25 | (725 ILCS 5/110-6.1) (from Ch. 38, par. 110-6.1)
|
| |||||||
| |||||||
1 | Sec. 110-6.1. Denial of pretrial release bail in | ||||||
2 | non-probationable felony offenses .
| ||||||
3 | (a) Upon verified petition by the State, the court shall | ||||||
4 | hold a hearing and may deny to
determine whether bail should be | ||||||
5 | denied to a defendant pretrial release only if: | ||||||
6 | (1) the defendant who is charged with
a forcible felony | ||||||
7 | offense for which a sentence of imprisonment, without | ||||||
8 | probation,
periodic imprisonment or conditional discharge, | ||||||
9 | is required by law upon
conviction, and when it is alleged | ||||||
10 | that the defendant's pretrial release poses a specific, | ||||||
11 | real and present threat to any person or the community. | ||||||
12 | admission to bail poses
a real and present threat to the | ||||||
13 | physical safety of any person or persons ; .
| ||||||
14 | (2) the defendant is charged with stalking or | ||||||
15 | aggravated stalking and it is alleged that the defendant's | ||||||
16 | pre-trial release poses a real and present threat to the | ||||||
17 | physical safety of a victim of the alleged offense, and | ||||||
18 | denial of release is necessary to prevent fulfillment of | ||||||
19 | the threat upon which the charge is based; | ||||||
20 | (3) the victim of abuse was a family or household | ||||||
21 | member as defined by paragraph (6) of Section 103 of the | ||||||
22 | Illinois Domestic Violence Act of 1986, and the person | ||||||
23 | charged, at the time of the alleged offense, was subject to | ||||||
24 | the terms of an order of protection issued under Section | ||||||
25 | 112A-14 of this Code, or Section 214 of the Illinois | ||||||
26 | Domestic Violence Act of 1986 or previously was convicted |
| |||||||
| |||||||
1 | of a violation of an order of protection under Section | ||||||
2 | 12-3.4 or 12-30 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012 or a violent crime if the victim was | ||||||
4 | a family or household member as defined by paragraph (6) of | ||||||
5 | the Illinois Domestic Violence Act of 1986 at the time of | ||||||
6 | the offense or a violation of a substantially similar | ||||||
7 | municipal ordinance or law of this or any other state or | ||||||
8 | the United States if the victim was a family or household | ||||||
9 | member as defined by paragraph (6) of Section 103 of the | ||||||
10 | Illinois Domestic Violence Act of 1986 at the time of the | ||||||
11 | offense, and it is alleged that the defendant's pre-trial | ||||||
12 | release poses a real and present threat to the physical | ||||||
13 | safety of any person or persons; | ||||||
14 | (4) the defendant is charged with domestic battery or | ||||||
15 | aggravated domestic battery under Section 12-3.2 or 12-3.3 | ||||||
16 | of the Criminal Code of 2012 and it is alleged that the | ||||||
17 | defendant's pretrial release poses a real and present | ||||||
18 | threat to the physical safety of any person or persons; | ||||||
19 | (5) the defendant is charged with any offense under | ||||||
20 | Article 11 of the Criminal Code of 2012, except for | ||||||
21 | Sections 11-30, 11-35, 11-40, and 11-45 of the Criminal | ||||||
22 | Code of 2012, or similar provisions of the Criminal Code of | ||||||
23 | 1961 and it is alleged that the defendant's pretrial | ||||||
24 | release poses a real and present threat to the physical | ||||||
25 | safety of any person or persons; | ||||||
26 | (6) the defendant is charged with any of these |
| |||||||
| |||||||
1 | violations under the Criminal Code of 2012 and it is | ||||||
2 | alleged that the defendant's pretrial releases poses a real | ||||||
3 | and present threat to the physical safety of any | ||||||
4 | specifically identifiable person or persons. | ||||||
5 | (A) Section 24-1.2 (aggravated discharge of a | ||||||
6 | firearm); | ||||||
7 | (B) Section 24-2.5 (aggravated discharge of a | ||||||
8 | machine gun or a firearm equipped with a device | ||||||
9 | designed or use for silencing the report of a firearm); | ||||||
10 | (C) Section 24-1.5 (reckless discharge of a | ||||||
11 | firearm); | ||||||
12 | (D) Section 24-1.7 (armed habitual criminal); | ||||||
13 | (E) Section 24-2.2 2 (manufacture, sale or | ||||||
14 | transfer of bullets or shells represented to be armor | ||||||
15 | piercing bullets, dragon's breath shotgun shells, bolo | ||||||
16 | shells or flechette shells); | ||||||
17 | (F) Section 24-3 (unlawful sale or delivery of | ||||||
18 | firearms); | ||||||
19 | (G) Section 24-3.3 (unlawful sale or delivery of | ||||||
20 | firearms on the premises of any school); | ||||||
21 | (H) Section 24-34 (unlawful sale of firearms by | ||||||
22 | liquor license); | ||||||
23 | (I) Section 24-3.5 {unlawful purchase of a | ||||||
24 | firearm); | ||||||
25 | (J) Section 24-3A (gunrunning); or | ||||||
26 | (K) Section on 24-3B (firearms trafficking ); |
| |||||||
| |||||||
1 | (L) Section 10-9 (b) (involuntary servitude); | ||||||
2 | (M) Section 10-9 (c) (involuntary sexual servitude | ||||||
3 | of a minor); | ||||||
4 | (N) Section 10-9(d) (trafficking in persons); | ||||||
5 | (O) Non-probationable violations: (i) (unlawful | ||||||
6 | use or possession of weapons by felons or persons in | ||||||
7 | the Custody of the Department of Corrections | ||||||
8 | facilities (Section 24-1.1), (ii) aggravated unlawful | ||||||
9 | use of a weapon (Section 24-1.6, or (iii) aggravated | ||||||
10 | possession of a stolen firearm (Section 24-3.9); | ||||||
11 | (7) the person has a high likelihood of willful flight | ||||||
12 | to avoid prosecution and is charged with: | ||||||
13 | (A) Any felony described in Sections (a)(1) | ||||||
14 | through (a)(5) of this Section; or | ||||||
15 | (B) A felony offense other than a Class 4 offense. | ||||||
16 | (b) If the charged offense is a felony, the Court shall | ||||||
17 | hold a hearing pursuant to 109-3 of this Code to | ||||||
18 | determine whether there is probable cause the | ||||||
19 | defendant has committed an offense, unless a grand jury | ||||||
20 | has returned a true bill of indictment against the | ||||||
21 | defendant. If there is a finding of no probable cause, | ||||||
22 | the defendant shall be released. No such finding is | ||||||
23 | necessary if the defendant is charged with a | ||||||
24 | misdemeanor. | ||||||
25 | (c) Timing of petition.
| ||||||
26 | (1) A petition may be filed without prior notice to the |
| |||||||
| |||||||
1 | defendant at the
first appearance before a judge, or within | ||||||
2 | the 21 calendar days, except as
provided in Section 110-6, | ||||||
3 | after arrest and release of the defendant upon
reasonable | ||||||
4 | notice to defendant; provided that while such petition is
| ||||||
5 | pending before the court, the defendant if previously | ||||||
6 | released shall not be
detained.
| ||||||
7 | (2) (2) Upon filing, the court shall immediately hold a | ||||||
8 | hearing on the petition unless a continuance is requested. | ||||||
9 | If a continuance is requested, the hearing shall be held | ||||||
10 | within 48 hours of the defendant's first appearance if the | ||||||
11 | defendant is charged with a Class X, Class 1, Class 2, or | ||||||
12 | Class 3 felony, and within 24 hours if the defendant is | ||||||
13 | charged with a Class 4 or misdemeanor offense. The Court | ||||||
14 | may deny and or grant the request for continuance. If the | ||||||
15 | court decides to grant the continuance, the Court retains | ||||||
16 | the discretion to detain or release the defendant in the | ||||||
17 | time between the filing of the petition and the hearing. | ||||||
18 | (d) Contents of petition. | ||||||
19 | (1) The petition shall be verified by the State and | ||||||
20 | shall state the grounds upon which it contends the | ||||||
21 | defendant should be denied pretrial release, including the | ||||||
22 | identity of the specific person or persons the State | ||||||
23 | believes the defendant poses a danger to. | ||||||
24 | (2) Only one petition may be filed under this Section. | ||||||
25 | (e) Eligibility: All defendants shall be presumed eligible | ||||||
26 | for pretrial release, and the State shall bear the burden of |
| |||||||
| |||||||
1 | proving by clear and convincing evidence that: The hearing | ||||||
2 | shall be held immediately upon the defendant's appearance
| ||||||
3 | before the court, unless for good cause shown the defendant or | ||||||
4 | the State
seeks a continuance. A continuance on motion of the
| ||||||
5 | defendant may not exceed 5 calendar days, and a continuance on | ||||||
6 | the motion
of the State may not exceed 3 calendar days. The | ||||||
7 | defendant may be held in
custody during such continuance.
| ||||||
8 | (b) The court may deny bail to the defendant where, after | ||||||
9 | the hearing, it
is determined that:
| ||||||
10 | (1) the proof is evident or the presumption great that | ||||||
11 | the defendant has
committed an offense listed in paragraphs | ||||||
12 | (1) through (6) of subsection (a) for which a sentence of | ||||||
13 | imprisonment, without
probation, periodic imprisonment or | ||||||
14 | conditional discharge, must be imposed
by law as a | ||||||
15 | consequence of conviction , and
| ||||||
16 | (2) the defendant poses a real and present threat to | ||||||
17 | the physical safety
of a specific, identifiable any person | ||||||
18 | or persons, by conduct which may include, but is not | ||||||
19 | limited
to, a forcible felony, the obstruction of justice,
| ||||||
20 | intimidation, injury, or abuse as defined by paragraph (1) | ||||||
21 | of Section 103 of the Illinois Domestic Violence Act of | ||||||
22 | 1986 physical harm, an offense under the Illinois
| ||||||
23 | Controlled Substances Act which is a Class X felony, or an | ||||||
24 | offense under the Methamphetamine Control and Community | ||||||
25 | Protection Act which is a Class X felony , and
| ||||||
26 | (3) the court finds that no condition or combination of |
| |||||||
| |||||||
1 | conditions set
forth in subsection (b) of Section 110-10 of | ||||||
2 | this Article can mitigate the real and present threat to | ||||||
3 | the safety of any ,
can reasonably assure the physical | ||||||
4 | safety of any other person or persons or the defendant's | ||||||
5 | willful flight .
| ||||||
6 | (f) (c) Conduct of the hearings.
| ||||||
7 | (1) Prior
to the hearing the State shall tender to the | ||||||
8 | defendant copies of
defendant's criminal history | ||||||
9 | available, any written or
recorded statements, and the | ||||||
10 | substance of any oral statements made by
any person, if | ||||||
11 | relied upon by the State in its petition, and any police
| ||||||
12 | reports in the State's Attorney's possession at the time of | ||||||
13 | the hearing
that are required to be disclosed to the | ||||||
14 | defense under Illinois Supreme
Court rules. The hearing on | ||||||
15 | the defendant's culpability and dangerousness shall be
| ||||||
16 | conducted in accordance with the following provisions:
| ||||||
17 | (2) The State or defendant may present evidence at the | ||||||
18 | hearing (A) Information used by the court in its findings | ||||||
19 | or stated in or
offered at such hearing may be by way of | ||||||
20 | proffer based upon reliable
information offered by the | ||||||
21 | State or by defendant . | ||||||
22 | (3) The defendant Defendant has the right to
be | ||||||
23 | represented by counsel, and if he or she is indigent, to | ||||||
24 | have counsel appointed
for him or her. The defendant . | ||||||
25 | Defendant shall have the opportunity to testify, to present
| ||||||
26 | witnesses on in his or her own behalf, and to cross-examine |
| |||||||
| |||||||
1 | any witnesses that if any are
called by the State. | ||||||
2 | (4) If the defense seeks to call the complaining | ||||||
3 | witness as a witness in its favor, it shall petition the | ||||||
4 | court for permission. The defendant has the right to | ||||||
5 | present witnesses in
his favor. When the ends of justice so | ||||||
6 | require, the court may exercise exercises
its discretion | ||||||
7 | and compel the appearance of a complaining
witness. The | ||||||
8 | court shall state on the record reasons for granting a
| ||||||
9 | defense request to compel the presence of a complaining | ||||||
10 | witness. In making a determination under this section, the | ||||||
11 | court shall state on the record the reason for granting a | ||||||
12 | defense request to compel the presence of a complaining | ||||||
13 | witness, and only grant the request if the court finds by | ||||||
14 | clear and convincing evidence that the defendant will be | ||||||
15 | materially prejudiced if the complaining witness does not | ||||||
16 | appear.
Cross-examination of a complaining witness at the | ||||||
17 | pretrial detention hearing
for the purpose of impeaching | ||||||
18 | the witness' credibility is insufficient reason
to compel | ||||||
19 | the presence of the witness. In deciding whether to compel | ||||||
20 | the
appearance of a complaining witness, the court shall be | ||||||
21 | considerate of the
emotional and physical well-being of the | ||||||
22 | witness. The pre-trial detention
hearing is not to be used | ||||||
23 | for purposes of discovery, and the post
arraignment rules | ||||||
24 | of discovery do not apply. The State shall tender to the
| ||||||
25 | defendant, prior to the hearing, copies of defendant's | ||||||
26 | criminal history, if
any, if available, and any written or |
| |||||||
| |||||||
1 | recorded statements and the substance
of any oral | ||||||
2 | statements made by any person, if relied upon by the State | ||||||
3 | in
its petition. | ||||||
4 | (5) The rules concerning the admissibility of evidence | ||||||
5 | in
criminal trials do not apply to the presentation and | ||||||
6 | consideration of
information at the hearing. At the trial | ||||||
7 | concerning the offense for which
the hearing was conducted | ||||||
8 | neither the finding of the court nor any
transcript or | ||||||
9 | other record of the hearing shall be admissible in the
| ||||||
10 | State's case in chief, but shall be admissible for | ||||||
11 | impeachment, or as
provided in Section 115-10.1 of this | ||||||
12 | Code, or in a perjury proceeding.
| ||||||
13 | (6) The (B) A motion by the defendant may not move to | ||||||
14 | suppress evidence or to suppress a
confession , however, | ||||||
15 | evidence shall not be entertained. Evidence that proof of | ||||||
16 | the charged crime may have been
obtained as the result of | ||||||
17 | an unlawful search or and seizure , or both, or through
| ||||||
18 | improper interrogation , is not relevant in assessing the | ||||||
19 | weight of the evidence against the defendant to this state | ||||||
20 | of the prosecution . | ||||||
21 | (7) Decisions regarding release, conditions of release | ||||||
22 | and detention prior trial should be individualized, and no | ||||||
23 | single factor or standard should be used exclusively to | ||||||
24 | make a condition or detention decision.
| ||||||
25 | (2) The facts relied upon by the court to support a | ||||||
26 | finding that the
defendant poses a real and present threat |
| |||||||
| |||||||
1 | to the physical safety of any
person or persons shall be | ||||||
2 | supported by clear and convincing evidence
presented by the | ||||||
3 | State.
| ||||||
4 | (g) (d) Factors to be considered in making a determination | ||||||
5 | of dangerousness.
The court may, in determining whether the | ||||||
6 | defendant poses a specific, imminent real and
present threat of | ||||||
7 | serious to the physical harm to an identifiable safety of any | ||||||
8 | person or persons, consider but
shall not be limited to | ||||||
9 | evidence or testimony concerning:
| ||||||
10 | (1) The nature and circumstances of any offense | ||||||
11 | charged, including
whether the offense is a crime of | ||||||
12 | violence, involving a weapon , or a sex offense .
| ||||||
13 | (2) The history and characteristics of the defendant | ||||||
14 | including:
| ||||||
15 | (A) Any evidence of the defendant's prior criminal | ||||||
16 | history indicative of
violent, abusive or assaultive | ||||||
17 | behavior, or lack of such behavior. Such
evidence may | ||||||
18 | include testimony or documents received in juvenile
| ||||||
19 | proceedings, criminal, quasi-criminal, civil | ||||||
20 | commitment, domestic relations
or other proceedings.
| ||||||
21 | (B) Any evidence of the defendant's psychological, | ||||||
22 | psychiatric or other
similar social history which | ||||||
23 | tends to indicate a violent, abusive, or
assaultive | ||||||
24 | nature, or lack of any such history.
| ||||||
25 | (3) The identity of any person or persons to whose | ||||||
26 | safety the defendant
is believed to pose a threat, and the |
| |||||||
| |||||||
1 | nature of the threat;
| ||||||
2 | (4) Any statements made by, or attributed to the | ||||||
3 | defendant, together with
the circumstances surrounding | ||||||
4 | them;
| ||||||
5 | (5) The age and physical condition of any person | ||||||
6 | assaulted
by the defendant;
| ||||||
7 | (6) The age and physical condition of any victim or | ||||||
8 | complaining witness; | ||||||
9 | (7) Whether the defendant is known to possess or have | ||||||
10 | access to any
weapon or weapons;
| ||||||
11 | (8) (7) Whether, at the time of the current offense or | ||||||
12 | any other offense or
arrest, the defendant was on | ||||||
13 | probation, parole, aftercare release, mandatory supervised
| ||||||
14 | release or other release from custody pending trial, | ||||||
15 | sentencing, appeal or
completion of sentence for an offense | ||||||
16 | under federal or state law;
| ||||||
17 | (9) (8) Any other factors, including those listed in | ||||||
18 | Section 110-5 of this
Article deemed by the court to have a | ||||||
19 | reasonable bearing upon the
defendant's propensity or | ||||||
20 | reputation for violent, abusive or assaultive
behavior, or | ||||||
21 | lack of such behavior.
| ||||||
22 | (h) (e) Detention order. The court shall, in any order for | ||||||
23 | detention:
| ||||||
24 | (1) briefly summarize the evidence of the defendant's | ||||||
25 | guilt or innocence, culpability and the court's its
reasons | ||||||
26 | for concluding that the defendant should be denied pretrial |
| |||||||
| |||||||
1 | release held without bail ;
| ||||||
2 | (2) direct that the defendant be committed to the | ||||||
3 | custody of the sheriff
for confinement in the county jail | ||||||
4 | pending trial;
| ||||||
5 | (3) direct that the defendant be given a reasonable | ||||||
6 | opportunity for
private consultation with counsel, and for | ||||||
7 | communication with others of his
or her choice by | ||||||
8 | visitation, mail and telephone; and
| ||||||
9 | (4) direct that the sheriff deliver the defendant as | ||||||
10 | required for
appearances in connection with court | ||||||
11 | proceedings.
| ||||||
12 | (i) Detention. (f) If the court enters an order for the | ||||||
13 | detention of the defendant
pursuant to subsection (e) of this | ||||||
14 | Section, the defendant
shall be brought to trial on the offense | ||||||
15 | for which he is
detained within 90 days after the date on which | ||||||
16 | the order for detention was
entered. If the defendant is not | ||||||
17 | brought to trial within the 90 day period
required by the | ||||||
18 | preceding sentence, he shall not be denied pretrial release | ||||||
19 | held longer without
bail . In computing the 90 day period, the | ||||||
20 | court shall omit any period of
delay resulting from a | ||||||
21 | continuance granted at the request of the defendant.
| ||||||
22 | (j) (g) Rights of the defendant. Any person shall be | ||||||
23 | entitled to appeal any
order entered under this Section denying | ||||||
24 | pretrial release bail to the defendant.
| ||||||
25 | (k) Appeal. (h) The State may appeal any order entered | ||||||
26 | under this Section denying any
motion for denial of pretrial |
| |||||||
| |||||||
1 | release bail .
| ||||||
2 | (l) Presumption of innocence. (i) Nothing in this Section | ||||||
3 | shall be construed as modifying or limiting
in any way the | ||||||
4 | defendant's presumption of innocence in further criminal
| ||||||
5 | proceedings. | ||||||
6 | (m) Victim notice. | ||||||
7 | (1) Crime Victims shall be given notice by the State's | ||||||
8 | Attorney's office of this hearing as required in paragraph | ||||||
9 | (1) of subsection (b) of Section 4.5 of the Rights of Crime | ||||||
10 | Victims and Witnesses Act and shall be informed of their | ||||||
11 | opportunity at this hearing to obtain an order of | ||||||
12 | protection under Article 112A of this Code.
| ||||||
13 | (Source: P.A. 98-558, eff. 1-1-14.)
| ||||||
14 | (725 ILCS 5/110-6.2) (from Ch. 38, par. 110-6.2)
| ||||||
15 | Sec. 110-6.2. Post-conviction Detention. | ||||||
16 | (a) The court may order
that a person who has been found | ||||||
17 | guilty of an offense and who is waiting
imposition or execution | ||||||
18 | of sentence be held without release bond unless the court finds | ||||||
19 | by
clear and convincing evidence that the person is not likely | ||||||
20 | to flee or pose
a danger to any other person or the community | ||||||
21 | if released under Sections
110-5 and 110-10 of this Act.
| ||||||
22 | (b) The court may order that person who has been found | ||||||
23 | guilty of an
offense and sentenced to a term of imprisonment be | ||||||
24 | held without release bond
unless the court finds by clear and | ||||||
25 | convincing evidence that:
|
| |||||||
| |||||||
1 | (1) the person is not likely to
flee or pose a danger | ||||||
2 | to the safety of any other person or the community if
| ||||||
3 | released on bond pending appeal; and
| ||||||
4 | (2) that the appeal is not for purpose of delay and | ||||||
5 | raises a substantial
question of law or fact likely to | ||||||
6 | result in reversal or an order for a new trial.
| ||||||
7 | (Source: P.A. 96-1200, eff. 7-22-10.)
| ||||||
8 | (725 ILCS 5/110-6.4) | ||||||
9 | Sec. 110-6.4. Statewide risk-assessment tool. The Supreme | ||||||
10 | Court may establish a statewide risk-assessment tool to be used | ||||||
11 | in proceedings to assist the court in establishing conditions | ||||||
12 | of pretrial release bail for a defendant by assessing the | ||||||
13 | defendant's likelihood of appearing at future court | ||||||
14 | proceedings or determining if the defendant poses a real and | ||||||
15 | present threat to the physical safety of any person or persons. | ||||||
16 | The Supreme Court shall consider establishing a | ||||||
17 | risk-assessment tool that does not discriminate on the basis of | ||||||
18 | race, gender, educational level, socio-economic status, or | ||||||
19 | neighborhood. If a risk-assessment tool is utilized within a | ||||||
20 | circuit that does not require a personal interview to be | ||||||
21 | completed, the Chief Judge of the circuit or the director of | ||||||
22 | the pretrial services agency may exempt the requirement under | ||||||
23 | Section 9 and subsection (a) of Section 7 of the Pretrial | ||||||
24 | Services Act. | ||||||
25 | For the purpose of this Section, "risk-assessment tool" |
| |||||||
| |||||||
1 | means an empirically validated, evidence-based screening | ||||||
2 | instrument that demonstrates reduced instances of a | ||||||
3 | defendant's failure to appear for further court proceedings or | ||||||
4 | prevents future criminal activity.
| ||||||
5 | (Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18.)
| ||||||
6 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
7 | Sec. 110-10. Conditions of pretrial release bail bond .
| ||||||
8 | (a) If a person is released prior to conviction, either | ||||||
9 | upon payment of
bail security or on his or her own | ||||||
10 | recognizance, the conditions of pretrial release the bail
bond | ||||||
11 | shall be that he or she will:
| ||||||
12 | (1) Appear to answer the charge in the court having | ||||||
13 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
14 | the court until discharged or
final order of the court;
| ||||||
15 | (2) Submit himself or herself to the orders and process | ||||||
16 | of the court;
| ||||||
17 | (3) (Blank); Not depart this State without leave of the | ||||||
18 | court;
| ||||||
19 | (4) Not violate any criminal statute of any | ||||||
20 | jurisdiction;
| ||||||
21 | (5) At a time and place designated by the court, | ||||||
22 | surrender all firearms
in his or her possession to a law | ||||||
23 | enforcement officer designated by the court
to take custody | ||||||
24 | of and impound the firearms
and physically
surrender his or | ||||||
25 | her Firearm Owner's Identification Card to the clerk of the
|
| |||||||
| |||||||
1 | circuit court
when the offense the person has
been charged | ||||||
2 | with is a forcible felony, stalking, aggravated stalking, | ||||||
3 | domestic
battery, any violation of the Illinois Controlled | ||||||
4 | Substances Act, the Methamphetamine Control and Community | ||||||
5 | Protection Act, or the
Cannabis Control Act that is | ||||||
6 | classified as a Class 2 or greater felony, or any
felony | ||||||
7 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012; the court
may,
however, forgo the | ||||||
9 | imposition of this condition when the
circumstances of the
| ||||||
10 | case clearly do not warrant it or when its imposition would | ||||||
11 | be
impractical;
if the Firearm Owner's Identification Card | ||||||
12 | is confiscated, the clerk of the circuit court shall mail | ||||||
13 | the confiscated card to the Illinois State Police; all | ||||||
14 | legally possessed firearms shall be returned to the person | ||||||
15 | upon
the charges being dismissed, or if the person is found | ||||||
16 | not guilty, unless the
finding of not guilty is by reason | ||||||
17 | of insanity; and
| ||||||
18 | (6) At a time and place designated by the court, submit | ||||||
19 | to a
psychological
evaluation when the person has been | ||||||
20 | charged with a violation of item (4) of
subsection
(a) of | ||||||
21 | Section 24-1 of the Criminal Code of 1961 or the Criminal | ||||||
22 | Code of 2012 and that violation occurred in
a school
or in | ||||||
23 | any conveyance owned, leased, or contracted by a school to | ||||||
24 | transport
students to or
from school or a school-related | ||||||
25 | activity, or on any public way within 1,000
feet of real
| ||||||
26 | property comprising any school.
|
| |||||||
| |||||||
1 | Psychological evaluations ordered pursuant to this Section | ||||||
2 | shall be completed
promptly
and made available to the State, | ||||||
3 | the defendant, and the court. As a further
condition of | ||||||
4 | pretrial release bail under
these circumstances, the court | ||||||
5 | shall order the defendant to refrain from
entering upon the
| ||||||
6 | property of the school, including any conveyance owned, leased, | ||||||
7 | or contracted
by a school to
transport students to or from | ||||||
8 | school or a school-related activity, or on any public way | ||||||
9 | within
1,000 feet of real property comprising any school. Upon | ||||||
10 | receipt of the psychological evaluation,
either the State or | ||||||
11 | the defendant may request a change in the conditions of | ||||||
12 | pretrial release bail , pursuant to
Section 110-6 of this Code. | ||||||
13 | The court may change the conditions of pretrial release bail to | ||||||
14 | include a
requirement that the defendant follow the | ||||||
15 | recommendations of the psychological evaluation,
including | ||||||
16 | undergoing psychiatric treatment. The conclusions of the
| ||||||
17 | psychological evaluation and
any statements elicited from the | ||||||
18 | defendant during its administration are not
admissible as | ||||||
19 | evidence
of guilt during the course of any trial on the charged | ||||||
20 | offense, unless the
defendant places his or her
mental | ||||||
21 | competency in issue.
| ||||||
22 | (b) The court may impose other conditions, such as the | ||||||
23 | following, if the
court finds that such conditions are | ||||||
24 | reasonably necessary to assure the
defendant's appearance in | ||||||
25 | court, protect the public from the defendant, or
prevent the | ||||||
26 | defendant's unlawful interference with the orderly |
| |||||||
| |||||||
1 | administration
of justice:
| ||||||
2 | (0.05) Not depart this State without leave of the | ||||||
3 | court; | ||||||
4 | (1) Report to or appear in person before such person or | ||||||
5 | agency as the
court may direct;
| ||||||
6 | (2) Refrain from possessing a firearm or other | ||||||
7 | dangerous weapon;
| ||||||
8 | (3) Refrain from approaching or communicating with | ||||||
9 | particular persons or
classes of persons;
| ||||||
10 | (4) Refrain from going to certain described | ||||||
11 | geographical areas or
premises;
| ||||||
12 | (5) Refrain from engaging in certain activities or | ||||||
13 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
14 | (6) Undergo treatment for drug addiction or | ||||||
15 | alcoholism;
| ||||||
16 | (7) Undergo medical or psychiatric treatment;
| ||||||
17 | (8) Work or pursue a course of study or vocational | ||||||
18 | training;
| ||||||
19 | (9) Attend or reside in a facility designated by the | ||||||
20 | court;
| ||||||
21 | (10) Support his or her dependents;
| ||||||
22 | (11) If a minor resides with his or her parents or in a | ||||||
23 | foster home,
attend school, attend a non-residential | ||||||
24 | program for youths, and contribute
to his or her own | ||||||
25 | support at home or in a foster home;
| ||||||
26 | (12) Observe any curfew ordered by the court;
|
| |||||||
| |||||||
1 | (13) Remain in the custody of such designated person or | ||||||
2 | organization
agreeing to supervise his release. Such third | ||||||
3 | party custodian shall be
responsible for notifying the | ||||||
4 | court if the defendant fails to observe the
conditions of | ||||||
5 | release which the custodian has agreed to monitor, and | ||||||
6 | shall
be subject to contempt of court for failure so to | ||||||
7 | notify the court;
| ||||||
8 | (14) Be placed under direct supervision of the Pretrial | ||||||
9 | Services
Agency, Probation Department or Court Services | ||||||
10 | Department in a pretrial
bond home supervision capacity | ||||||
11 | with or without the use of an approved
electronic | ||||||
12 | monitoring device subject to Article 8A of Chapter V of the
| ||||||
13 | Unified Code of Corrections;
| ||||||
14 | (14.1) The court may shall impose upon a defendant who | ||||||
15 | is charged with any
alcohol, cannabis, methamphetamine, or | ||||||
16 | controlled substance violation and is placed under
direct | ||||||
17 | supervision of the Pretrial Services Agency, Probation | ||||||
18 | Department or
Court Services Department in a pretrial bond | ||||||
19 | home supervision capacity with
the use of an approved | ||||||
20 | monitoring device, as a condition of such pretrial | ||||||
21 | monitoring bail bond ,
a fee that represents costs | ||||||
22 | incidental to the electronic monitoring for each
day of | ||||||
23 | such pretrial bail supervision ordered by the
court, unless | ||||||
24 | after determining the inability of the defendant to pay the
| ||||||
25 | fee, the court assesses a lesser fee or no fee as the case | ||||||
26 | may be. The fee
shall be collected by the clerk of the |
| |||||||
| |||||||
1 | circuit court, except as provided in an administrative | ||||||
2 | order of the Chief Judge of the circuit court. The clerk of | ||||||
3 | the
circuit court shall pay all monies collected from this | ||||||
4 | fee to the county
treasurer for deposit in the substance | ||||||
5 | abuse services fund under Section
5-1086.1 of the Counties | ||||||
6 | Code, except as provided in an administrative order of the | ||||||
7 | Chief Judge of the circuit court. | ||||||
8 | The Chief Judge of the circuit court of the county may | ||||||
9 | by administrative order establish a program for electronic | ||||||
10 | monitoring of offenders with regard to drug-related and | ||||||
11 | alcohol-related offenses, in which a vendor supplies and | ||||||
12 | monitors the operation of the electronic monitoring | ||||||
13 | device, and collects the fees on behalf of the county. The | ||||||
14 | program shall include provisions for indigent offenders | ||||||
15 | and the collection of unpaid fees. The program shall not | ||||||
16 | unduly burden the offender and shall be subject to review | ||||||
17 | by the Chief Judge. | ||||||
18 | The Chief Judge of the circuit court may suspend any | ||||||
19 | additional charges or fees for late payment, interest, or | ||||||
20 | damage to any device;
| ||||||
21 | (14.2) The court may shall impose upon all defendants, | ||||||
22 | including those
defendants subject to paragraph (14.1) | ||||||
23 | above, placed under direct supervision
of the Pretrial | ||||||
24 | Services Agency, Probation Department or Court Services
| ||||||
25 | Department in a pretrial bond home supervision capacity | ||||||
26 | with the use of an
approved monitoring device, as a |
| |||||||
| |||||||
1 | condition of such release bail bond , a fee
which shall | ||||||
2 | represent costs incidental to such
electronic monitoring | ||||||
3 | for each day of such bail supervision ordered by the
court, | ||||||
4 | unless after determining the inability of the defendant to | ||||||
5 | pay the fee,
the court assesses a lesser fee or no fee as | ||||||
6 | the case may be. The fee shall be
collected by the clerk of | ||||||
7 | the circuit court, except as provided in an administrative | ||||||
8 | order of the Chief Judge of the circuit court. The clerk of | ||||||
9 | the circuit court
shall pay all monies collected from this | ||||||
10 | fee to the county treasurer who shall
use the monies | ||||||
11 | collected to defray the costs of corrections. The county
| ||||||
12 | treasurer shall deposit the fee collected in the county | ||||||
13 | working cash fund under
Section 6-27001 or Section 6-29002 | ||||||
14 | of the Counties Code, as the case may
be, except as | ||||||
15 | provided in an administrative order of the Chief Judge of | ||||||
16 | the circuit court. | ||||||
17 | The Chief Judge of the circuit court of the county may | ||||||
18 | by administrative order establish a program for electronic | ||||||
19 | monitoring of offenders with regard to drug-related and | ||||||
20 | alcohol-related offenses, in which a vendor supplies and | ||||||
21 | monitors the operation of the electronic monitoring | ||||||
22 | device, and collects the fees on behalf of the county. The | ||||||
23 | program shall include provisions for indigent offenders | ||||||
24 | and the collection of unpaid fees. The program shall not | ||||||
25 | unduly burden the offender and shall be subject to review | ||||||
26 | by the Chief Judge. |
| |||||||
| |||||||
1 | The Chief Judge of the circuit court may suspend any | ||||||
2 | additional charges or fees for late payment, interest, or | ||||||
3 | damage to any device;
| ||||||
4 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
5 | establish reasonable
fees to be paid by a person receiving | ||||||
6 | pretrial services while under supervision
of a pretrial | ||||||
7 | services agency, probation department, or court services
| ||||||
8 | department. Reasonable fees may be charged for pretrial | ||||||
9 | services
including, but not limited to, pretrial | ||||||
10 | supervision, diversion programs,
electronic monitoring, | ||||||
11 | victim impact services, drug and alcohol testing, DNA | ||||||
12 | testing, GPS electronic monitoring, assessments and | ||||||
13 | evaluations related to domestic violence and other | ||||||
14 | victims, and
victim mediation services. The person | ||||||
15 | receiving pretrial services may be
ordered to pay all costs | ||||||
16 | incidental to pretrial services in accordance with his
or | ||||||
17 | her ability to pay those costs;
| ||||||
18 | (14.4) For persons charged with violating Section | ||||||
19 | 11-501 of the Illinois
Vehicle Code, refrain from operating | ||||||
20 | a motor vehicle not equipped with an
ignition interlock | ||||||
21 | device, as defined in Section 1-129.1 of the Illinois
| ||||||
22 | Vehicle Code,
pursuant to the rules promulgated by the | ||||||
23 | Secretary of State for the
installation of ignition
| ||||||
24 | interlock devices. Under this condition the court may allow | ||||||
25 | a defendant who is
not
self-employed to operate a vehicle | ||||||
26 | owned by the defendant's employer that is
not equipped with |
| |||||||
| |||||||
1 | an ignition interlock device in the course and scope of the
| ||||||
2 | defendant's employment;
| ||||||
3 | (15) Comply with the terms and conditions of an order | ||||||
4 | of protection
issued by the court under the Illinois | ||||||
5 | Domestic Violence Act of 1986 or an
order of protection | ||||||
6 | issued by the court of another state, tribe, or United
| ||||||
7 | States territory;
| ||||||
8 | (16) (Blank); and Under Section 110-6.5 comply with the | ||||||
9 | conditions of the drug testing
program; and
| ||||||
10 | (17) Such other reasonable conditions as the court may | ||||||
11 | impose.
| ||||||
12 | (c) When a person is charged with an offense under Section | ||||||
13 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
14 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
15 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
16 | 18 years of age living in the same household with the defendant
| ||||||
17 | at the time of the offense, in granting bail or releasing the | ||||||
18 | defendant on
his own recognizance , the judge shall impose | ||||||
19 | conditions to restrict the
defendant's access to the victim | ||||||
20 | which may include, but are not limited to
conditions that he | ||||||
21 | will:
| ||||||
22 | 1. Vacate the household.
| ||||||
23 | 2. Make payment of temporary support to his dependents.
| ||||||
24 | 3. Refrain from contact or communication with the child | ||||||
25 | victim, except
as ordered by the court.
| ||||||
26 | (d) When a person is charged with a criminal offense and |
| |||||||
| |||||||
1 | the victim is
a family or household member as defined in | ||||||
2 | Article 112A, conditions shall
be imposed at the time of the | ||||||
3 | defendant's release on bond that restrict the
defendant's | ||||||
4 | access to the victim.
Unless provided otherwise by the court, | ||||||
5 | the
restrictions shall include
requirements that the defendant | ||||||
6 | do the following:
| ||||||
7 | (1) refrain from contact or communication with the | ||||||
8 | victim for a
minimum period of 72 hours following the | ||||||
9 | defendant's release; and
| ||||||
10 | (2) refrain from entering or remaining at the victim's | ||||||
11 | residence for a
minimum period of 72 hours following the | ||||||
12 | defendant's release.
| ||||||
13 | (e) Local law enforcement agencies shall develop | ||||||
14 | standardized pretrial release bond forms
for use in cases | ||||||
15 | involving family or household members as defined in
Article | ||||||
16 | 112A, including specific conditions of pretrial release bond as | ||||||
17 | provided in
subsection (d). Failure of any law enforcement | ||||||
18 | department to develop or use
those forms shall in no way limit | ||||||
19 | the applicability and enforcement of
subsections (d) and (f).
| ||||||
20 | (f) If the defendant is released admitted to bail after | ||||||
21 | conviction following appeal or other post-conviction | ||||||
22 | proceeding, the
conditions of the pretrial release bail bond | ||||||
23 | shall be that he will, in addition to the
conditions set forth | ||||||
24 | in subsections (a) and (b) hereof:
| ||||||
25 | (1) Duly prosecute his appeal;
| ||||||
26 | (2) Appear at such time and place as the court may |
| |||||||
| |||||||
1 | direct;
| ||||||
2 | (3) Not depart this State without leave of the court;
| ||||||
3 | (4) Comply with such other reasonable conditions as the | ||||||
4 | court may
impose; and
| ||||||
5 | (5) If the judgment is affirmed or the cause reversed | ||||||
6 | and remanded
for a new trial, forthwith surrender to the | ||||||
7 | officer from whose custody
he was released bailed .
| ||||||
8 | (g) Upon a finding of guilty for any felony offense, the | ||||||
9 | defendant shall
physically surrender, at a time and place | ||||||
10 | designated by the court,
any and all firearms in his or her | ||||||
11 | possession and his or her Firearm Owner's
Identification Card | ||||||
12 | as a condition of being released remaining on bond pending | ||||||
13 | sentencing.
| ||||||
14 | (h) In the event the defendant is denied pretrial release | ||||||
15 | unable to post bond , the court may impose a no contact | ||||||
16 | provision with the victim or other interested party that shall | ||||||
17 | be enforced while the defendant remains in custody. | ||||||
18 | (Source: P.A. 101-138, eff. 1-1-20 .)
| ||||||
19 | (725 ILCS 5/110-11) (from Ch. 38, par. 110-11)
| ||||||
20 | Sec. 110-11. Pretrial release Bail on a new trial. If the | ||||||
21 | judgment of conviction is reversed and the cause remanded for a
| ||||||
22 | new trial the trial court may order that the conditions of | ||||||
23 | pretrial release bail stand pending such trial,
or modify the | ||||||
24 | conditions of pretrial release reduce or increase bail .
| ||||||
25 | (Source: Laws 1963, p. 2836 .)
|
| |||||||
| |||||||
1 | (725 ILCS 5/110-12) (from Ch. 38, par. 110-12)
| ||||||
2 | Sec. 110-12. Notice of change of address.
| ||||||
3 | A defendant who has been admitted to pretrial release bail | ||||||
4 | shall file a written notice with the
clerk of the court before | ||||||
5 | which the proceeding is pending of any change in
his or her | ||||||
6 | address within 24 hours after such change, except that a
| ||||||
7 | defendant who
has been admitted to pretrial release bail for a | ||||||
8 | forcible felony as defined in Section 2-8 of
the Criminal Code | ||||||
9 | of 2012 shall
file a written notice with the clerk of the court | ||||||
10 | before which the proceeding
is pending and the clerk shall | ||||||
11 | immediately deliver a time stamped copy of the
written notice | ||||||
12 | to the State's Attorney charged with the prosecution within 24
| ||||||
13 | hours prior to such change. The address of a defendant who has | ||||||
14 | been admitted
to pretrial release bail shall at all times | ||||||
15 | remain a matter of public record with the clerk of
the court.
| ||||||
16 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
17 | (725 ILCS 5/111-2) (from Ch. 38, par. 111-2)
| ||||||
18 | Sec. 111-2. Commencement of prosecutions.
| ||||||
19 | (a) All prosecutions of
felonies shall be by information or | ||||||
20 | by indictment. No prosecution may be
pursued by information | ||||||
21 | unless a preliminary hearing has been held or
waived in | ||||||
22 | accordance with Section 109-3 and at that hearing probable
| ||||||
23 | cause to believe the defendant committed an offense was found, | ||||||
24 | and the
provisions of Section 109-3.1 of this Code have been |
| |||||||
| |||||||
1 | complied with.
| ||||||
2 | (b) All other prosecutions may be by indictment, | ||||||
3 | information or
complaint.
| ||||||
4 | (c) Upon the filing of an information or indictment in open
| ||||||
5 | court charging the defendant with the commission of a sex | ||||||
6 | offense
defined in any Section of Article 11 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012,
and a minor as | ||||||
8 | defined in Section 1-3 of the Juvenile
Court Act of 1987 is | ||||||
9 | alleged to be the victim of the
commission of the acts of the | ||||||
10 | defendant in the commission of
such offense, the court may | ||||||
11 | appoint a guardian ad litem for the
minor as provided in | ||||||
12 | Section 2-17, 3-19, 4-16 or 5-610 of the
Juvenile Court Act of | ||||||
13 | 1987.
| ||||||
14 | (d) Upon the filing of an information or indictment in open | ||||||
15 | court,
the court shall immediately issue a warrant for the | ||||||
16 | arrest of each
person charged with an offense directed to a | ||||||
17 | peace officer or some other
person specifically named | ||||||
18 | commanding him to arrest such person.
| ||||||
19 | (e) When the offense is eligible for pretrial release | ||||||
20 | bailable , the judge shall endorse on the
warrant the conditions | ||||||
21 | of pretrial release amount of bail required by the order of the | ||||||
22 | court, and if
the court orders the process returnable | ||||||
23 | forthwith, the warrant shall
require that the accused be | ||||||
24 | arrested and brought immediately into court.
| ||||||
25 | (f) Where the prosecution of a felony is by information or | ||||||
26 | complaint
after preliminary hearing, or after a waiver of |
| |||||||
| |||||||
1 | preliminary hearing in
accordance with paragraph (a) of this | ||||||
2 | Section, such prosecution may be
for all offenses, arising from | ||||||
3 | the same transaction or conduct of a
defendant even though the | ||||||
4 | complaint or complaints filed at the
preliminary hearing | ||||||
5 | charged only one or some of the offenses arising
from that | ||||||
6 | transaction or conduct.
| ||||||
7 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
8 | (725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
| ||||||
9 | Sec. 112A-23. Enforcement of protective orders.
| ||||||
10 | (a) When violation is crime. A violation of any protective | ||||||
11 | order,
whether issued in a civil, quasi-criminal proceeding, | ||||||
12 | shall be
enforced by a
criminal court when:
| ||||||
13 | (1) The respondent commits the crime of violation of a | ||||||
14 | domestic violence order of
protection pursuant to Section | ||||||
15 | 12-3.4 or 12-30 of the Criminal Code of
1961 or the | ||||||
16 | Criminal Code of 2012, by
having knowingly violated:
| ||||||
17 | (i) remedies described in paragraphs (1), (2), | ||||||
18 | (3), (14),
or
(14.5)
of subsection (b) of Section | ||||||
19 | 112A-14 of this Code,
| ||||||
20 | (ii) a remedy, which is substantially similar to | ||||||
21 | the remedies
authorized
under paragraphs (1), (2), | ||||||
22 | (3), (14), or (14.5) of subsection (b) of Section 214
| ||||||
23 | of the Illinois Domestic Violence Act of 1986, in a | ||||||
24 | valid order of protection,
which is authorized under | ||||||
25 | the laws of another state, tribe or United States
|
| |||||||
| |||||||
1 | territory, or
| ||||||
2 | (iii) or any other remedy when the act
constitutes | ||||||
3 | a crime against the protected parties as defined by the | ||||||
4 | Criminal
Code of 1961 or the Criminal Code of 2012.
| ||||||
5 | Prosecution for a violation of a domestic violence | ||||||
6 | order of protection shall
not bar concurrent prosecution | ||||||
7 | for any other crime, including any crime
that may have been | ||||||
8 | committed at the time of the violation of the domestic | ||||||
9 | violence order
of protection; or
| ||||||
10 | (2) The respondent commits the crime of child abduction | ||||||
11 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
13 | (i) remedies described in paragraphs (5), (6), or | ||||||
14 | (8) of subsection
(b)
of
Section 112A-14 of this Code, | ||||||
15 | or
| ||||||
16 | (ii) a remedy, which is substantially similar to | ||||||
17 | the remedies
authorized
under paragraphs (1),
(5), | ||||||
18 | (6), or (8) of subsection (b) of Section 214
of the | ||||||
19 | Illinois Domestic Violence Act of 1986, in a valid | ||||||
20 | domestic violence order of protection,
which is | ||||||
21 | authorized under the laws of another state, tribe or | ||||||
22 | United States
territory.
| ||||||
23 | (3) The respondent commits the crime of violation of a | ||||||
24 | civil no contact order when the respondent violates Section | ||||||
25 | 12-3.8 of the Criminal Code of 2012.
Prosecution for a | ||||||
26 | violation of a civil no contact order shall not bar |
| |||||||
| |||||||
1 | concurrent prosecution for any other crime, including any | ||||||
2 | crime that may have been committed at the time of the | ||||||
3 | violation of the civil no contact order. | ||||||
4 | (4) The respondent commits the crime of violation of a | ||||||
5 | stalking no contact order when the respondent violates | ||||||
6 | Section 12-3.9 of the Criminal Code of 2012.
Prosecution | ||||||
7 | for a violation of a stalking no contact order shall not | ||||||
8 | bar concurrent prosecution for any other crime, including | ||||||
9 | any crime that may have been committed at the time of the | ||||||
10 | violation of the stalking no contact order. | ||||||
11 | (b) When violation is contempt of court. A violation of any | ||||||
12 | valid protective order, whether issued in a civil or criminal
| ||||||
13 | proceeding, may be enforced through civil or criminal contempt | ||||||
14 | procedures,
as appropriate, by any court with jurisdiction, | ||||||
15 | regardless where the act or
acts which violated the protective | ||||||
16 | order were committed, to the extent
consistent with the venue | ||||||
17 | provisions of this Article. Nothing in this
Article shall | ||||||
18 | preclude any Illinois court from enforcing any valid protective | ||||||
19 | order issued in another state. Illinois courts may enforce | ||||||
20 | protective orders through both criminal prosecution and | ||||||
21 | contempt proceedings,
unless the action which is second in time | ||||||
22 | is barred by collateral estoppel
or the constitutional | ||||||
23 | prohibition against double jeopardy.
| ||||||
24 | (1) In a contempt proceeding where the petition for a | ||||||
25 | rule to show
cause sets forth facts evidencing an immediate | ||||||
26 | danger that the
respondent will flee the jurisdiction, |
| |||||||
| |||||||
1 | conceal a child, or inflict physical
abuse on the | ||||||
2 | petitioner or minor children or on dependent adults in
| ||||||
3 | petitioner's care, the court may order the
attachment of | ||||||
4 | the respondent without prior service of the rule to show
| ||||||
5 | cause or the petition for a rule to show cause. Bond shall | ||||||
6 | be set unless
specifically denied in writing.
| ||||||
7 | (2) A petition for a rule to show cause for violation | ||||||
8 | of a protective order shall be treated as an expedited | ||||||
9 | proceeding.
| ||||||
10 | (c) Violation of custody, allocation of parental | ||||||
11 | responsibility, or support orders. A violation of remedies
| ||||||
12 | described in paragraphs (5), (6), (8), or (9) of subsection (b) | ||||||
13 | of Section
112A-14 of this Code may be enforced by any remedy | ||||||
14 | provided by Section 607.5 of
the Illinois Marriage and | ||||||
15 | Dissolution of Marriage Act. The court may
enforce any order | ||||||
16 | for support issued under paragraph (12) of subsection (b)
of | ||||||
17 | Section 112A-14 of this Code in the manner provided for under | ||||||
18 | Parts
V and VII of the
Illinois Marriage and Dissolution of | ||||||
19 | Marriage Act.
| ||||||
20 | (d) Actual knowledge. A protective order may be
enforced | ||||||
21 | pursuant to this Section if the respondent violates the order
| ||||||
22 | after respondent has actual knowledge of its contents
as shown | ||||||
23 | through one of the following means:
| ||||||
24 | (1) (Blank).
| ||||||
25 | (2) (Blank).
| ||||||
26 | (3) By service of a protective order under subsection |
| |||||||
| |||||||
1 | (f) of Section 112A-17.5 or Section 112A-22 of this Code.
| ||||||
2 | (4) By other means demonstrating actual knowledge of | ||||||
3 | the contents of the order.
| ||||||
4 | (e) The enforcement of a protective order in civil or | ||||||
5 | criminal court
shall not be affected by either of the | ||||||
6 | following:
| ||||||
7 | (1) The existence of a separate, correlative order | ||||||
8 | entered under Section
112A-15 of this Code.
| ||||||
9 | (2) Any finding or order entered in a conjoined | ||||||
10 | criminal proceeding.
| ||||||
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 under subsections (a) or (b) of | ||||||
19 | this Section, the penalty shall be
the penalty that | ||||||
20 | generally applies in such criminal or contempt
| ||||||
21 | proceedings, and may include one or more of the following: | ||||||
22 | incarceration,
payment of restitution, a fine, payment of | ||||||
23 | attorneys' fees and costs, or
community service.
| ||||||
24 | (2) The court shall hear and take into account evidence | ||||||
25 | of any factors
in aggravation or mitigation before deciding | ||||||
26 | an appropriate penalty under
paragraph (1) of this |
| |||||||
| |||||||
1 | subsection (g).
| ||||||
2 | (3) To the extent permitted by law, the court is | ||||||
3 | encouraged to:
| ||||||
4 | (i) increase the penalty for the knowing violation | ||||||
5 | of
any protective order over any penalty previously | ||||||
6 | imposed by any court
for respondent's violation of any | ||||||
7 | protective order or penal statute
involving petitioner | ||||||
8 | as victim and respondent as defendant;
| ||||||
9 | (ii) impose a minimum penalty of 24 hours | ||||||
10 | imprisonment for respondent's
first violation of any | ||||||
11 | protective order; and
| ||||||
12 | (iii) impose a minimum penalty of 48 hours | ||||||
13 | imprisonment for
respondent's second or subsequent | ||||||
14 | violation of a protective order | ||||||
15 | unless the court explicitly finds that an increased penalty | ||||||
16 | or that
period of imprisonment would be manifestly unjust.
| ||||||
17 | (4) In addition to any other penalties imposed for a | ||||||
18 | violation of a protective order, a criminal court may | ||||||
19 | consider evidence of any
violations of a protective order:
| ||||||
20 | (i) to increase, revoke, or modify the conditions | ||||||
21 | of pretrial release bail bond on an underlying
criminal | ||||||
22 | charge pursuant to Section 110-6 of this Code;
| ||||||
23 | (ii) to revoke or modify an order of probation, | ||||||
24 | conditional discharge, or
supervision, pursuant to | ||||||
25 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
26 | (iii) to revoke or modify a sentence of periodic |
| |||||||
| |||||||
1 | imprisonment, pursuant
to Section 5-7-2 of the Unified | ||||||
2 | Code of Corrections.
| ||||||
3 | (Source: P.A. 99-90, eff. 1-1-16; 100-199, eff. 1-1-18; | ||||||
4 | 100-597, eff. 6-29-18; revised 7-12-19.)
| ||||||
5 | (725 ILCS 5/114-1) (from Ch. 38, par. 114-1)
| ||||||
6 | Sec. 114-1. Motion to dismiss charge.
| ||||||
7 | (a) Upon the written motion of the defendant made prior to | ||||||
8 | trial before
or after a plea has been entered the court may | ||||||
9 | dismiss the indictment,
information or complaint upon any of | ||||||
10 | the following grounds:
| ||||||
11 | (1) The defendant has not been placed on trial in | ||||||
12 | compliance
with Section 103-5 of this Code.
| ||||||
13 | (2) The prosecution of the offense is barred by | ||||||
14 | Sections 3-3 through
3-8 of the Criminal Code of 2012.
| ||||||
15 | (3) The defendant has received immunity from | ||||||
16 | prosecution for the offense
charged.
| ||||||
17 | (4) The indictment was returned by a Grand Jury which | ||||||
18 | was improperly
selected and which results in substantial | ||||||
19 | injustice to the defendant.
| ||||||
20 | (5) The indictment was returned by a Grand Jury which | ||||||
21 | acted contrary to
Article 112 of this Code and which | ||||||
22 | results in substantial injustice to the
defendant.
| ||||||
23 | (6) The court in which the charge has been filed does | ||||||
24 | not have
jurisdiction.
| ||||||
25 | (7) The county is an improper place of trial.
|
| |||||||
| |||||||
1 | (8) The charge does not state an offense.
| ||||||
2 | (9) The indictment is based solely upon the testimony | ||||||
3 | of an incompetent
witness.
| ||||||
4 | (10) The defendant is misnamed in the charge and the | ||||||
5 | misnomer results in
substantial injustice to the | ||||||
6 | defendant.
| ||||||
7 | (11) The requirements of Section 109-3.1 have not been | ||||||
8 | complied with.
| ||||||
9 | (b) The court shall require any motion to dismiss to be | ||||||
10 | filed within a
reasonable time after the defendant has been | ||||||
11 | arraigned. Any motion not
filed within such time or an | ||||||
12 | extension thereof shall not be considered by
the court and the | ||||||
13 | grounds therefor, except as to subsections (a)(6) and
(a)(8) of | ||||||
14 | this Section, are waived.
| ||||||
15 | (c) If the motion presents only an issue of law the court | ||||||
16 | shall
determine it without the necessity of further pleadings. | ||||||
17 | If the motion
alleges facts not of record in the case the State | ||||||
18 | shall file an answer
admitting or denying each of the factual | ||||||
19 | allegations of the motion.
| ||||||
20 | (d) When an issue of fact is presented by a motion to | ||||||
21 | dismiss and the
answer of the State the court shall conduct a | ||||||
22 | hearing and determine the
issues.
| ||||||
23 | (d-5) When a defendant seeks dismissal of the charge upon | ||||||
24 | the ground set
forth in subsection (a)(7) of this Section, the | ||||||
25 | defendant shall make a prima
facie showing that the county is | ||||||
26 | an improper place of trial. Upon such
showing, the State shall |
| |||||||
| |||||||
1 | have the burden of proving, by a preponderance of
the evidence, | ||||||
2 | that the county is the proper place of trial.
| ||||||
3 | (d-6) When a defendant seeks dismissal of the charge upon | ||||||
4 | the grounds set forth in subsection (a)(2) of this Section, the | ||||||
5 | prosecution shall have the burden of proving, by a | ||||||
6 | preponderance of the evidence, that the
prosecution of the | ||||||
7 | offense is not barred by Sections 3-3 through 3-8 of the | ||||||
8 | Criminal Code of 2012. | ||||||
9 | (e) Dismissal of the charge upon the grounds set forth in | ||||||
10 | subsections
(a)(4) through (a)(11) of this Section shall not | ||||||
11 | prevent the return of a
new indictment or the filing of a new | ||||||
12 | charge, and upon such dismissal
the court may order that the | ||||||
13 | defendant be held in custody or, if the
defendant had been | ||||||
14 | previously released on pretrial release bail , that the pretrial | ||||||
15 | release bail be continued for a specified time pending the | ||||||
16 | return of a new
indictment or the filing of a new charge.
| ||||||
17 | (f) If the court determines that the motion to dismiss | ||||||
18 | based upon the
grounds set forth in subsections (a)(6) and | ||||||
19 | (a)(7) is well founded it
may, instead of dismissal, order the | ||||||
20 | cause transferred to a court of
competent jurisdiction or to a | ||||||
21 | proper place of trial.
| ||||||
22 | (Source: P.A. 100-434, eff. 1-1-18 .)
| ||||||
23 | (725 ILCS 5/115-4.1) (from Ch. 38, par. 115-4.1)
| ||||||
24 | Sec. 115-4.1. Absence of defendant.
| ||||||
25 | (a) When a defendant after arrest
and an initial court |
| |||||||
| |||||||
1 | appearance for a non-capital felony or a misdemeanor,
fails to | ||||||
2 | appear for trial, at the request of the State and after the | ||||||
3 | State
has affirmatively proven through substantial evidence | ||||||
4 | that the defendant
is willfully avoiding trial, the court may | ||||||
5 | commence trial in the absence
of the defendant. Absence of a | ||||||
6 | defendant as specified in this Section
shall not be a bar to | ||||||
7 | indictment of a defendant, return of information
against a | ||||||
8 | defendant, or arraignment of a defendant for the charge for | ||||||
9 | which
pretrial release bail has been granted. If a defendant | ||||||
10 | fails
to appear at arraignment, the court may enter a plea of | ||||||
11 | "not guilty" on his
behalf. If a defendant absents himself | ||||||
12 | before trial on a capital felony,
trial may proceed as | ||||||
13 | specified in this Section provided that the State
certifies | ||||||
14 | that it will not seek a death sentence following conviction.
| ||||||
15 | Trial in the defendant's absence shall be by jury unless
the | ||||||
16 | defendant had previously waived trial by jury. The absent | ||||||
17 | defendant
must be represented by retained or appointed counsel.
| ||||||
18 | The court, at the conclusion of all of the proceedings, may | ||||||
19 | order the clerk
of the circuit court to pay counsel such sum as | ||||||
20 | the court deems reasonable,
from any bond monies which were | ||||||
21 | posted by the defendant with the clerk,
after the clerk has | ||||||
22 | first deducted all court costs. If trial had previously
| ||||||
23 | commenced in the presence of the defendant and the defendant | ||||||
24 | willfully absents
himself for two successive court days, the | ||||||
25 | court shall proceed to trial. All
procedural rights guaranteed | ||||||
26 | by the United States Constitution, Constitution
of the State of |
| |||||||
| |||||||
1 | Illinois, statutes of the State of Illinois, and rules of court
| ||||||
2 | shall apply to the proceedings the same as if the defendant | ||||||
3 | were present
in court and had not either had his or her | ||||||
4 | pretrial release revoked forfeited his bail bond or escaped
| ||||||
5 | from custody. The court may set the case for a trial which may | ||||||
6 | be conducted
under this Section despite the failure of the | ||||||
7 | defendant to appear at the
hearing at which the trial date is | ||||||
8 | set. When such trial date is set the
clerk shall send to the | ||||||
9 | defendant, by certified mail at his last known address
| ||||||
10 | indicated on his bond slip, notice of the new date which has | ||||||
11 | been set for
trial. Such notification shall be required when | ||||||
12 | the defendant was not
personally present in open court at the | ||||||
13 | time when the case was set for trial.
| ||||||
14 | (b) The absence of a defendant from a trial conducted | ||||||
15 | pursuant to this
Section does not operate as a bar to | ||||||
16 | concluding the trial, to a judgment
of conviction resulting | ||||||
17 | therefrom, or to a final disposition of the trial
in favor of | ||||||
18 | the defendant.
| ||||||
19 | (c) Upon a verdict of not guilty, the court shall enter | ||||||
20 | judgment for the
defendant. Upon a verdict of guilty, the court | ||||||
21 | shall set a date for the
hearing of post-trial motions and | ||||||
22 | shall hear such motion in the absence
of the defendant. If | ||||||
23 | post-trial motions are denied, the court shall proceed
to | ||||||
24 | conduct a sentencing hearing and to impose a sentence upon the | ||||||
25 | defendant.
| ||||||
26 | (d) A defendant who is absent for part of the proceedings |
| |||||||
| |||||||
1 | of trial,
post-trial motions, or sentencing, does not thereby | ||||||
2 | forfeit his right to be
present at all remaining proceedings.
| ||||||
3 | (e) When a defendant who in his absence has been either | ||||||
4 | convicted or
sentenced or both convicted and sentenced appears | ||||||
5 | before the court, he must
be granted a new trial or new | ||||||
6 | sentencing hearing if the defendant can
establish that his | ||||||
7 | failure to appear in court was both without his fault
and due | ||||||
8 | to circumstances beyond his control. A hearing with notice to | ||||||
9 | the
State's Attorney on the defendant's request for a new trial | ||||||
10 | or a new
sentencing hearing must be held before any such | ||||||
11 | request may be granted. At
any such hearing both the defendant | ||||||
12 | and the State may present evidence.
| ||||||
13 | (f) If the court grants only the defendant's request for a | ||||||
14 | new sentencing
hearing, then a new sentencing hearing shall be | ||||||
15 | held in accordance with
the provisions of the Unified Code of | ||||||
16 | Corrections. At any such hearing,
both the defendant and the | ||||||
17 | State may offer evidence of the defendant's conduct
during his | ||||||
18 | period of absence from the court. The court may impose any | ||||||
19 | sentence
authorized by the Unified Code of Corrections and is | ||||||
20 | not in any way limited
or restricted by any sentence previously | ||||||
21 | imposed.
| ||||||
22 | (g) A defendant whose motion under paragraph (e) for a new | ||||||
23 | trial or new
sentencing hearing has been denied may file a | ||||||
24 | notice of appeal therefrom.
Such notice may also include a | ||||||
25 | request for review of the judgment and sentence
not vacated by | ||||||
26 | the trial court.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-787, eff. 8-14-98.)
| ||||||
2 | (725 ILCS 5/122-6) (from Ch. 38, par. 122-6)
| ||||||
3 | Sec. 122-6. Disposition in trial court.
| ||||||
4 | The court may receive proof by affidavits, depositions, | ||||||
5 | oral testimony,
or other evidence. In its discretion the court | ||||||
6 | may order the petitioner
brought before the court for the | ||||||
7 | hearing. If the court finds in favor of
the petitioner, it | ||||||
8 | shall enter an appropriate order with respect to the
judgment | ||||||
9 | or sentence in the former proceedings and such supplementary
| ||||||
10 | orders as to rearraignment, retrial, custody, conditions of | ||||||
11 | pretrial release bail or discharge as may be
necessary and | ||||||
12 | proper.
| ||||||
13 | (Source: Laws 1963, p. 2836.)
| ||||||
14 | Section 10-256. The Code of Criminal Procedure of 1963 is | ||||||
15 | amended by changing the heading of Article 110 by changing | ||||||
16 | Sections 103-2, 103-3, and 108-8 as follows:
| ||||||
17 | (725 ILCS 5/103-2) (from Ch. 38, par. 103-2)
| ||||||
18 | Sec. 103-2. Treatment while in custody.
| ||||||
19 | (a) On being taken into custody every person shall have the | ||||||
20 | right to
remain silent.
| ||||||
21 | (b) No unlawful means of any kind shall be used to obtain a | ||||||
22 | statement,
admission or confession from any person in custody.
| ||||||
23 | (c) Persons in custody shall be treated humanely and |
| |||||||
| |||||||
1 | provided with
proper food, shelter and, if required, medical | ||||||
2 | treatment without unreasonable delay if the need for the | ||||||
3 | treatment is apparent .
| ||||||
4 | (Source: Laws 1963, p. 2836.)
| ||||||
5 | (725 ILCS 5/103-3) (from Ch. 38, par. 103-3)
| ||||||
6 | Sec. 103-3.
Right
to communicate with attorney and family; | ||||||
7 | transfers.
| ||||||
8 | (a) (Blank). Persons who are arrested shall have the right | ||||||
9 | to communicate with an
attorney of their choice and a member of | ||||||
10 | their family by making a
reasonable number of telephone calls | ||||||
11 | or in any other reasonable manner.
Such communication shall be | ||||||
12 | permitted within a reasonable time after
arrival at the first | ||||||
13 | place of custody.
| ||||||
14 | (a-5) Persons who are in police custody have the right to
| ||||||
15 | communicate free of charge with an attorney of their choice and | ||||||
16 | members of their family as soon as possible upon being taken
| ||||||
17 | into police custody, but no later than three hours after | ||||||
18 | arrival
at the first place of custody. Persons in police | ||||||
19 | custody must be given: | ||||||
20 | (1) access to use a telephone via a land line or
| ||||||
21 | cellular phone to make three phone calls; and | ||||||
22 | (2) the ability to retrieve phone numbers contained in
| ||||||
23 | his or her contact list on his or her cellular phone prior
| ||||||
24 | to the phone being placed into inventory. | ||||||
25 | (a-10) In accordance with Section 103-7, at every facility |
| |||||||
| |||||||
1 | where a
person is in police custody a sign containing, at | ||||||
2 | minimum, the
following information in bold block type must be | ||||||
3 | posted in a
conspicuous place: | ||||||
4 | (1) a short statement notifying persons who are in
| ||||||
5 | police custody of their right to have access to a phone
| ||||||
6 | within three hours after being taken into police custody; | ||||||
7 | and | ||||||
8 | (2) persons who are in police custody have the right to
| ||||||
9 | make three phone calls within three hours after being taken
| ||||||
10 | into custody, at no charge. | ||||||
11 | (a-15) In addition to the information listed in subsection
| ||||||
12 | (a-10), if the place of custody is located in a jurisdiction
| ||||||
13 | where the court has appointed the public defender or other
| ||||||
14 | attorney to represent persons who are in police custody, the
| ||||||
15 | telephone number to the public defender or appointed attorney's
| ||||||
16 | office must also be displayed. The telephone call to the public
| ||||||
17 | defender or other attorney must not be monitored, eavesdropped
| ||||||
18 | upon, or recorded. | ||||||
19 | (b) (Blank). In the event the accused is transferred to a | ||||||
20 | new place of custody
his right to communicate with an attorney | ||||||
21 | and a member of his family is
renewed.
| ||||||
22 | (c) In the event a person who is in police custody is
| ||||||
23 | transferred to a new place of custody, his or her right to make
| ||||||
24 | telephone calls under this Section within three hours after | ||||||
25 | arrival is renewed. | ||||||
26 | (d) In this Section "custody" means the restriction of a
|
| |||||||
| |||||||
1 | person's freedom of movement by a law enforcement officer's
| ||||||
2 | exercise of his or her lawful authority. | ||||||
3 | (e) The three hours requirement shall not apply while the | ||||||
4 | person in police custody is asleep, unconscious, or otherwise | ||||||
5 | incapacitated. | ||||||
6 | (f) Nothing in this Section shall interfere with a person's | ||||||
7 | rights or override procedures required in the Bill of Rights of | ||||||
8 | the Illinois and US Constitutions, including but not limited to | ||||||
9 | Fourth Amendment search and seizure rights, Fifth Amendment due | ||||||
10 | process rights and rights to be free from self-incrimination | ||||||
11 | and Sixth Amendment right to counsel. | ||||||
12 | (Source: Laws 1963, p. 2836.)
| ||||||
13 | (725 ILCS 5/108-8) (from Ch. 38, par. 108-8)
| ||||||
14 | Sec. 108-8. Use of force in execution of search warrant.
| ||||||
15 | (a) All necessary and reasonable force may be used to | ||||||
16 | effect an entry into
any building or property or part thereof | ||||||
17 | to execute a search warrant.
| ||||||
18 | (b) The court issuing a warrant may authorize the officer | ||||||
19 | executing the
warrant to make entry without first knocking and | ||||||
20 | announcing his or her office
if it finds, based upon a showing | ||||||
21 | of specific facts, the existence of the
following exigent | ||||||
22 | circumstances:
| ||||||
23 | (1) That the officer reasonably believes that if notice | ||||||
24 | were given a
weapon would be used:
| ||||||
25 | (i) against the officer executing the search |
| |||||||
| |||||||
1 | warrant; or
| ||||||
2 | (ii) against another person.
| ||||||
3 | (2) That if notice were given there is an imminent | ||||||
4 | "danger" that evidence
will be destroyed.
| ||||||
5 | (c) Prior to the issuing of a warrant under subsection (b), | ||||||
6 | the officer must attest that: | ||||||
7 | (1) prior to entering the location described in the | ||||||
8 | search warrant, a supervising officer will ensure that each | ||||||
9 | participating member is assigned a body worn camera and is | ||||||
10 | following policies and procedures in accordance with | ||||||
11 | Section 10-20 of the Law Enforcement Officer-Worn Body | ||||||
12 | Camera Act; provided that the law enforcement agency has | ||||||
13 | implemented body worn camera in accordance with Section | ||||||
14 | 10-15 of the Law Enforcement Officer-Worn Body
Camera Act. | ||||||
15 | If a law enforcement agency has not implemented a body | ||||||
16 | camera in accordance with Section 10-15 of the Law | ||||||
17 | Enforcement Officer-Worn Body
Camera Act, the officer must | ||||||
18 | attest that the interaction authorized by the warrant is | ||||||
19 | otherwise recorded; | ||||||
20 | (2) steps were taken in planning the search to ensure | ||||||
21 | accuracy and plan for children or other vulnerable people | ||||||
22 | on-site; and | ||||||
23 | (3) if an officer becomes aware the search warrant was | ||||||
24 | executed at an address, unit, or apartment different from | ||||||
25 | the location listed on the search warrant, that member will | ||||||
26 | immediately notify a supervisor who will ensure an internal |
| |||||||
| |||||||
1 | investigation ensues. | ||||||
2 | (Source: P.A. 92-502, eff. 12-19-01.)
| ||||||
3 | (725 ILCS 5/110-5.1 rep.) | ||||||
4 | (725 ILCS 5/110-6.3 rep.) | ||||||
5 | (725 ILCS 5/110-6.5 rep.) | ||||||
6 | (725 ILCS 5/110-7 rep.) | ||||||
7 | (725 ILCS 5/110-8 rep.) | ||||||
8 | (725 ILCS 5/110-9 rep.) | ||||||
9 | (725 ILCS 5/110-13 rep.) | ||||||
10 | (725 ILCS 5/110-14 rep.) | ||||||
11 | (725 ILCS 5/110-15 rep.) | ||||||
12 | (725 ILCS 5/110-16 rep.) | ||||||
13 | (725 ILCS 5/110-17 rep.) | ||||||
14 | (725 ILCS 5/110-18 rep.) | ||||||
15 | Section 10-260. The Code of Criminal Procedure of 1963 is | ||||||
16 | amended by repealing Sections 110-5.1, 110-6.3, 110-6.5, | ||||||
17 | 110-7, 110-8, 110-9, 110-13, 110-14, 110-15, 110-16, 110-17, | ||||||
18 | and 110-18.
| ||||||
19 | Section 10-265. The Rights of Crime Victims and Witnesses | ||||||
20 | Act is amended by changing Sections 4 and 4.5 as follows:
| ||||||
21 | (725 ILCS 120/4) (from Ch. 38, par. 1404)
| ||||||
22 | Sec. 4. Rights of crime victims.
| ||||||
23 | (a) Crime victims shall have the following rights:
|
| |||||||
| |||||||
1 | (1) The right to be treated with fairness and respect | ||||||
2 | for their dignity
and privacy and to be free from | ||||||
3 | harassment, intimidation, and abuse throughout the | ||||||
4 | criminal justice process.
| ||||||
5 | (1.5) The right to notice and to a hearing before a | ||||||
6 | court ruling on a request for access to any of the victim's | ||||||
7 | records, information, or communications which are | ||||||
8 | privileged or confidential by law. | ||||||
9 | (2) The right to timely notification of all court | ||||||
10 | proceedings.
| ||||||
11 | (3) The right to communicate with the prosecution.
| ||||||
12 | (4) The right to be heard at any post-arraignment court | ||||||
13 | proceeding in which a right of the victim is at issue and | ||||||
14 | any court proceeding involving a post-arraignment release | ||||||
15 | decision, plea, or sentencing.
| ||||||
16 | (5) The right to be notified of the conviction, the | ||||||
17 | sentence, the imprisonment
and the release of the accused.
| ||||||
18 | (6) The right to the timely disposition of the case | ||||||
19 | following the arrest
of the accused.
| ||||||
20 | (7) The right to be reasonably protected from the | ||||||
21 | accused through the
criminal justice process.
| ||||||
22 | (7.5) The right to have the safety of the victim and | ||||||
23 | the victim's family considered in denying or fixing the | ||||||
24 | amount of bail, determining whether to release the | ||||||
25 | defendant , and setting conditions of release after arrest | ||||||
26 | and conviction. |
| |||||||
| |||||||
1 | (8) The right to be present at the trial and all other | ||||||
2 | court proceedings
on the same basis as the accused, unless | ||||||
3 | the victim is to testify and the court
determines that the | ||||||
4 | victim's testimony would be materially affected if the
| ||||||
5 | victim hears other testimony at the trial.
| ||||||
6 | (9) The right to have present at all court proceedings, | ||||||
7 | including proceedings under the Juvenile Court Act of 1987, | ||||||
8 | subject to the
rules of evidence, an advocate and other | ||||||
9 | support person of the victim's choice.
| ||||||
10 | (10) The right to restitution.
| ||||||
11 | (b) Any law enforcement agency that investigates an offense | ||||||
12 | committed in this State shall provide a crime victim with a | ||||||
13 | written statement and explanation of the rights of crime | ||||||
14 | victims under this amendatory Act of the 99th General Assembly | ||||||
15 | within 48 hours of law enforcement's initial contact with a | ||||||
16 | victim. The statement shall include information about crime | ||||||
17 | victim compensation, including how to contact the Office of the | ||||||
18 | Illinois Attorney General to file a claim, and appropriate | ||||||
19 | referrals to local and State programs that provide victim | ||||||
20 | services. The content of the statement shall be provided to law | ||||||
21 | enforcement by the Attorney General. Law enforcement shall also | ||||||
22 | provide a crime victim with a sign-off sheet that the victim | ||||||
23 | shall sign and date as an acknowledgement that he or she has | ||||||
24 | been furnished with information and an explanation of the | ||||||
25 | rights of crime victims and compensation set forth in this Act. | ||||||
26 | (b-5) Upon the request of the victim, the law enforcement |
| |||||||
| |||||||
1 | agency having jurisdiction shall provide a free copy of the | ||||||
2 | police report concerning the victim's incident, as soon as | ||||||
3 | practicable, but in no event later than 5 business days from | ||||||
4 | the request. | ||||||
5 | (c) The Clerk of the Circuit Court shall post the rights of | ||||||
6 | crime victims set forth in Article I, Section 8.1(a) of the | ||||||
7 | Illinois Constitution and subsection (a) of this Section within | ||||||
8 | 3 feet of the door to any courtroom where criminal proceedings | ||||||
9 | are conducted. The clerk may also post the rights in other | ||||||
10 | locations in the courthouse. | ||||||
11 | (d) At any point, the victim has the right to retain a | ||||||
12 | victim's attorney who may be present during all stages of any | ||||||
13 | interview, investigation, or other interaction with | ||||||
14 | representatives of the criminal justice system. Treatment of | ||||||
15 | the victim should not be affected or altered in any way as a | ||||||
16 | result of the victim's decision to exercise this right.
| ||||||
17 | (Source: P.A. 99-413, eff. 8-20-15; 100-1087, eff. 1-1-19 .)
| ||||||
18 | (725 ILCS 120/4.5)
| ||||||
19 | Sec. 4.5. Procedures to implement the rights of crime | ||||||
20 | victims. To afford
crime victims their rights, law enforcement, | ||||||
21 | prosecutors, judges, and
corrections will provide information, | ||||||
22 | as appropriate, of the following
procedures:
| ||||||
23 | (a) At the request of the crime victim, law enforcement | ||||||
24 | authorities
investigating the case shall provide notice of the | ||||||
25 | status of the investigation,
except where the State's Attorney |
| |||||||
| |||||||
1 | determines that disclosure of such
information would | ||||||
2 | unreasonably interfere with the investigation, until such
time | ||||||
3 | as the alleged assailant is apprehended or the investigation is | ||||||
4 | closed.
| ||||||
5 | (a-5) When law enforcement authorities reopen a closed case | ||||||
6 | to resume investigating, they shall provide notice of the | ||||||
7 | reopening of the case, except where the State's Attorney | ||||||
8 | determines that disclosure of such information would | ||||||
9 | unreasonably interfere with the investigation. | ||||||
10 | (b) The office of the State's Attorney:
| ||||||
11 | (1) shall provide notice of the filing of an | ||||||
12 | information, the return of an
indictment, or the
filing of | ||||||
13 | a petition to adjudicate a minor as a delinquent for a | ||||||
14 | violent
crime;
| ||||||
15 | (2) shall provide timely notice of the date, time, and | ||||||
16 | place of court proceedings; of any change in the date, | ||||||
17 | time, and place of court proceedings; and of any | ||||||
18 | cancellation of court proceedings. Notice shall be | ||||||
19 | provided in sufficient time, wherever possible, for the | ||||||
20 | victim to
make arrangements to attend or to prevent an | ||||||
21 | unnecessary appearance at court proceedings;
| ||||||
22 | (3) or victim advocate personnel shall provide | ||||||
23 | information of social
services and financial assistance | ||||||
24 | available for victims of crime, including
information of | ||||||
25 | how to apply for these services and assistance;
| ||||||
26 | (3.5) or victim advocate personnel shall provide |
| |||||||
| |||||||
1 | information about available victim services, including | ||||||
2 | referrals to programs, counselors, and agencies that | ||||||
3 | assist a victim to deal with trauma, loss, and grief; | ||||||
4 | (4) shall assist in having any stolen or other personal | ||||||
5 | property held by
law enforcement authorities for | ||||||
6 | evidentiary or other purposes returned as
expeditiously as | ||||||
7 | possible, pursuant to the procedures set out in Section | ||||||
8 | 115-9
of the Code of Criminal Procedure of 1963;
| ||||||
9 | (5) or victim advocate personnel shall provide | ||||||
10 | appropriate employer
intercession services to ensure that | ||||||
11 | employers of victims will cooperate with
the criminal | ||||||
12 | justice system in order to minimize an employee's loss of | ||||||
13 | pay and
other benefits resulting from court appearances;
| ||||||
14 | (6) shall provide, whenever possible, a secure waiting
| ||||||
15 | area during court proceedings that does not require victims | ||||||
16 | to be in close
proximity to defendants or juveniles accused | ||||||
17 | of a violent crime, and their
families and friends;
| ||||||
18 | (7) shall provide notice to the crime victim of the | ||||||
19 | right to have a
translator present at all court proceedings | ||||||
20 | and, in compliance with the federal Americans
with | ||||||
21 | Disabilities Act of 1990, the right to communications | ||||||
22 | access through a
sign language interpreter or by other | ||||||
23 | means;
| ||||||
24 | (8) (blank);
| ||||||
25 | (8.5) shall inform the victim of the right to be | ||||||
26 | present at all court proceedings, unless the victim is to |
| |||||||
| |||||||
1 | testify and the court determines that the victim's | ||||||
2 | testimony would be materially affected if the victim hears | ||||||
3 | other testimony at trial; | ||||||
4 | (9) shall inform the victim of the right to have | ||||||
5 | present at all court
proceedings, subject to the rules of | ||||||
6 | evidence and confidentiality, an advocate and other | ||||||
7 | support
person of the victim's choice; | ||||||
8 | (9.3) shall inform the victim of the right to retain an | ||||||
9 | attorney, at the
victim's own expense, who, upon written | ||||||
10 | notice filed with the clerk of the
court and State's | ||||||
11 | Attorney, is to receive copies of all notices, motions, and
| ||||||
12 | court orders filed thereafter in the case, in the same | ||||||
13 | manner as if the victim
were a named party in the case;
| ||||||
14 | (9.5) shall inform the victim of (A) the victim's right | ||||||
15 | under Section 6 of this Act to make a statement at the | ||||||
16 | sentencing hearing; (B) the right of the victim's spouse, | ||||||
17 | guardian, parent, grandparent, and other immediate family | ||||||
18 | and household members under Section 6 of this Act to | ||||||
19 | present a statement at sentencing; and (C) if a presentence | ||||||
20 | report is to be prepared, the right of the victim's spouse, | ||||||
21 | guardian, parent, grandparent, and other immediate family | ||||||
22 | and household members to submit information to the preparer | ||||||
23 | of the presentence report about the effect the offense has | ||||||
24 | had on the victim and the person; | ||||||
25 | (10) at the sentencing shall make a good faith attempt | ||||||
26 | to explain
the minimum amount of time during which the |
| |||||||
| |||||||
1 | defendant may actually be
physically imprisoned. The | ||||||
2 | Office of the State's Attorney shall further notify
the | ||||||
3 | crime victim of the right to request from the Prisoner | ||||||
4 | Review Board
or Department of Juvenile Justice information | ||||||
5 | concerning the release of the defendant;
| ||||||
6 | (11) shall request restitution at sentencing and as | ||||||
7 | part of a plea agreement if the victim requests | ||||||
8 | restitution;
| ||||||
9 | (12) shall, upon the court entering a verdict of not | ||||||
10 | guilty by reason of insanity, inform the victim of the | ||||||
11 | notification services available from the Department of | ||||||
12 | Human Services, including the statewide telephone number, | ||||||
13 | under subparagraph (d)(2) of this Section;
| ||||||
14 | (13) shall provide notice within a reasonable time | ||||||
15 | after receipt of notice from
the custodian, of the release | ||||||
16 | of the defendant on pretrial release bail or personal | ||||||
17 | recognizance
or the release from detention of a minor who | ||||||
18 | has been detained;
| ||||||
19 | (14) shall explain in nontechnical language the | ||||||
20 | details of any plea or verdict of
a defendant, or any | ||||||
21 | adjudication of a juvenile as a delinquent;
| ||||||
22 | (15) shall make all reasonable efforts to consult with | ||||||
23 | the crime victim before the Office of
the State's Attorney | ||||||
24 | makes an offer of a plea bargain to the defendant or
enters | ||||||
25 | into negotiations with the defendant concerning a possible | ||||||
26 | plea
agreement, and shall consider the written statement, |
| |||||||
| |||||||
1 | if prepared
prior to entering into a plea agreement. The | ||||||
2 | right to consult with the prosecutor does not include the | ||||||
3 | right to veto a plea agreement or to insist the case go to | ||||||
4 | trial. If the State's Attorney has not consulted with the | ||||||
5 | victim prior to making an offer or entering into plea | ||||||
6 | negotiations with the defendant, the Office of the State's | ||||||
7 | Attorney shall notify the victim of the offer or the | ||||||
8 | negotiations within 2 business days and confer with the | ||||||
9 | victim;
| ||||||
10 | (16) shall provide notice of the ultimate disposition | ||||||
11 | of the cases arising from
an indictment or an information, | ||||||
12 | or a petition to have a juvenile adjudicated
as a | ||||||
13 | delinquent for a violent crime;
| ||||||
14 | (17) shall provide notice of any appeal taken by the | ||||||
15 | defendant and information
on how to contact the appropriate | ||||||
16 | agency handling the appeal, and how to request notice of | ||||||
17 | any hearing, oral argument, or decision of an appellate | ||||||
18 | court;
| ||||||
19 | (18) shall provide timely notice of any request for | ||||||
20 | post-conviction review filed by the
defendant under | ||||||
21 | Article 122 of the Code of Criminal Procedure of 1963, and | ||||||
22 | of
the date, time and place of any hearing concerning the | ||||||
23 | petition. Whenever
possible, notice of the hearing shall be | ||||||
24 | given within 48 hours of the court's scheduling of the | ||||||
25 | hearing; and
| ||||||
26 | (19) shall forward a copy of any statement presented |
| |||||||
| |||||||
1 | under Section 6 to the
Prisoner Review Board or Department | ||||||
2 | of Juvenile Justice to be considered in making a | ||||||
3 | determination
under Section 3-2.5-85 or subsection (b) of | ||||||
4 | Section 3-3-8 of the Unified Code of Corrections.
| ||||||
5 | (c) The court shall ensure that the rights of the victim | ||||||
6 | are afforded. | ||||||
7 | (c-5) The following procedures shall be followed to afford | ||||||
8 | victims the rights guaranteed by Article I, Section 8.1 of the | ||||||
9 | Illinois Constitution: | ||||||
10 | (1) Written notice. A victim may complete a written | ||||||
11 | notice of intent to assert rights on a form prepared by the | ||||||
12 | Office of the Attorney General and provided to the victim | ||||||
13 | by the State's Attorney. The victim may at any time provide | ||||||
14 | a revised written notice to the State's Attorney. The | ||||||
15 | State's Attorney shall file the written notice with the | ||||||
16 | court. At the beginning of any court proceeding in which | ||||||
17 | the right of a victim may be at issue, the court and | ||||||
18 | prosecutor shall review the written notice to determine | ||||||
19 | whether the victim has asserted the right that may be at | ||||||
20 | issue. | ||||||
21 | (2) Victim's retained attorney. A victim's attorney | ||||||
22 | shall file an entry of appearance limited to assertion of | ||||||
23 | the victim's rights. Upon the filing of the entry of | ||||||
24 | appearance and service on the State's Attorney and the | ||||||
25 | defendant, the attorney is to receive copies of all | ||||||
26 | notices, motions and court orders filed thereafter in the |
| |||||||
| |||||||
1 | case. | ||||||
2 | (3) Standing. The victim has standing to assert the | ||||||
3 | rights enumerated in subsection (a) of Article I, Section | ||||||
4 | 8.1 of the Illinois Constitution and the statutory rights | ||||||
5 | under Section 4 of this Act in any court exercising | ||||||
6 | jurisdiction over the criminal case. The prosecuting | ||||||
7 | attorney, a victim, or the victim's retained attorney may | ||||||
8 | assert the victim's rights. The defendant in the criminal | ||||||
9 | case has no standing to assert a right of the victim in any | ||||||
10 | court proceeding, including on appeal. | ||||||
11 | (4) Assertion of and enforcement of rights. | ||||||
12 | (A) The prosecuting attorney shall assert a | ||||||
13 | victim's right or request enforcement of a right by | ||||||
14 | 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. The prosecuting | ||||||
17 | attorney shall consult with the victim and the victim's | ||||||
18 | attorney regarding the assertion or enforcement of a | ||||||
19 | right. If the prosecuting attorney decides not to | ||||||
20 | assert or enforce a victim's right, the prosecuting | ||||||
21 | attorney shall notify the victim or the victim's | ||||||
22 | attorney in sufficient time to allow the victim or the | ||||||
23 | victim's attorney to assert the right or to seek | ||||||
24 | enforcement of a right. | ||||||
25 | (B) If the prosecuting attorney elects not to | ||||||
26 | assert a victim's right or to seek enforcement of a |
| |||||||
| |||||||
1 | right, the victim or the victim's attorney may assert | ||||||
2 | the victim's right or request enforcement of a right by | ||||||
3 | filing a motion or by orally asserting the right or | ||||||
4 | requesting enforcement in open court in the criminal | ||||||
5 | case outside the presence of the jury. | ||||||
6 | (C) If the prosecuting attorney asserts a victim's | ||||||
7 | right or seeks enforcement of a right, and the court | ||||||
8 | denies the assertion of the right or denies the request | ||||||
9 | for enforcement of a right, the victim or victim's | ||||||
10 | attorney may file a motion to assert the victim's right | ||||||
11 | or to request enforcement of the right within 10 days | ||||||
12 | of the court's ruling. The motion need not demonstrate | ||||||
13 | the grounds for a motion for reconsideration. The court | ||||||
14 | shall rule on the merits of the motion. | ||||||
15 | (D) The court shall take up and decide any motion | ||||||
16 | or request asserting or seeking enforcement of a | ||||||
17 | victim's right without delay, unless a specific time | ||||||
18 | period is specified by law or court rule. The reasons | ||||||
19 | for any decision denying the motion or request shall be | ||||||
20 | clearly stated on the record. | ||||||
21 | (5) Violation of rights and remedies. | ||||||
22 | (A) If the court determines that a victim's right | ||||||
23 | has been violated, the court shall determine the | ||||||
24 | appropriate remedy for the violation of the victim's | ||||||
25 | right by hearing from the victim and the parties, | ||||||
26 | considering all factors relevant to the issue, and then |
| |||||||
| |||||||
1 | awarding appropriate relief to the victim. | ||||||
2 | (A-5) Consideration of an issue of a substantive | ||||||
3 | nature or an issue that implicates the constitutional | ||||||
4 | or statutory right of a victim at a court proceeding | ||||||
5 | labeled as a status hearing shall constitute a per se | ||||||
6 | violation of a victim's right. | ||||||
7 | (B) The appropriate remedy shall include only | ||||||
8 | actions necessary to provide the victim the right to | ||||||
9 | which the victim was entitled and may include reopening | ||||||
10 | previously held proceedings; however, in no event | ||||||
11 | shall the court vacate a conviction. Any remedy shall | ||||||
12 | be tailored to provide the victim an appropriate remedy | ||||||
13 | without violating any constitutional right of the | ||||||
14 | defendant. In no event shall the appropriate remedy be | ||||||
15 | a new trial, damages, or costs. | ||||||
16 | (6) Right to be heard. Whenever a victim has the right | ||||||
17 | to be heard, the court shall allow the victim to exercise | ||||||
18 | the right in any reasonable manner the victim chooses. | ||||||
19 | (7) Right to attend trial. A party must file a written | ||||||
20 | motion to exclude a victim from trial at least 60 days | ||||||
21 | prior to the date set for trial. The motion must state with | ||||||
22 | specificity the reason exclusion is necessary to protect a | ||||||
23 | constitutional right of the party, and must contain an | ||||||
24 | offer of proof. The court shall rule on the motion within | ||||||
25 | 30 days. If the motion is granted, the court shall set | ||||||
26 | forth on the record the facts that support its finding that |
| |||||||
| |||||||
1 | the victim's testimony will be materially affected if the | ||||||
2 | victim hears other testimony at trial. | ||||||
3 | (8) Right to have advocate and support person present | ||||||
4 | at court proceedings. | ||||||
5 | (A) A party who intends to call an advocate as a | ||||||
6 | witness at trial must seek permission of the court | ||||||
7 | before the subpoena is issued. The party must file a | ||||||
8 | written motion at least 90 days before trial that sets | ||||||
9 | forth specifically the issues on which the advocate's | ||||||
10 | testimony is sought and an offer of proof regarding (i) | ||||||
11 | the content of the anticipated testimony of the | ||||||
12 | advocate; and (ii) the relevance, admissibility, and | ||||||
13 | materiality of the anticipated testimony. The court | ||||||
14 | shall consider the motion and make findings within 30 | ||||||
15 | days of the filing of the motion. If the court finds by | ||||||
16 | a preponderance of the evidence that: (i) the | ||||||
17 | anticipated testimony is not protected by an absolute | ||||||
18 | privilege; and (ii) the anticipated testimony contains | ||||||
19 | relevant, admissible, and material evidence that is | ||||||
20 | not available through other witnesses or evidence, the | ||||||
21 | court shall issue a subpoena requiring the advocate to | ||||||
22 | appear to testify at an in camera hearing. The | ||||||
23 | prosecuting attorney and the victim shall have 15 days | ||||||
24 | to seek appellate review before the advocate is | ||||||
25 | required to testify at an ex parte in camera | ||||||
26 | proceeding. |
| |||||||
| |||||||
1 | The prosecuting attorney, the victim, and the | ||||||
2 | advocate's attorney shall be allowed to be present at | ||||||
3 | the ex parte in camera proceeding. If, after conducting | ||||||
4 | the ex parte in camera hearing, the court determines | ||||||
5 | that due process requires any testimony regarding | ||||||
6 | confidential or privileged information or | ||||||
7 | communications, the court shall provide to the | ||||||
8 | prosecuting attorney, the victim, and the advocate's | ||||||
9 | attorney a written memorandum on the substance of the | ||||||
10 | advocate's testimony. The prosecuting attorney, the | ||||||
11 | victim, and the advocate's attorney shall have 15 days | ||||||
12 | to seek appellate review before a subpoena may be | ||||||
13 | issued for the advocate to testify at trial. The | ||||||
14 | presence of the prosecuting attorney at the ex parte in | ||||||
15 | camera proceeding does not make the substance of the | ||||||
16 | advocate's testimony that the court has ruled | ||||||
17 | inadmissible subject to discovery. | ||||||
18 | (B) If a victim has asserted the right to have a | ||||||
19 | support person present at the court proceedings, the | ||||||
20 | victim shall provide the name of the person the victim | ||||||
21 | has chosen to be the victim's support person to the | ||||||
22 | prosecuting attorney, within 60 days of trial. The | ||||||
23 | prosecuting attorney shall provide the name to the | ||||||
24 | defendant. If the defendant intends to call the support | ||||||
25 | person as a witness at trial, the defendant must seek | ||||||
26 | permission of the court before a subpoena is issued. |
| |||||||
| |||||||
1 | The defendant must file a written motion at least 45 | ||||||
2 | days prior to trial that sets forth specifically the | ||||||
3 | issues on which the support person will testify and an | ||||||
4 | offer of proof regarding: (i) the content of the | ||||||
5 | anticipated testimony of the support person; and (ii) | ||||||
6 | the relevance, admissibility, and materiality of the | ||||||
7 | anticipated testimony. | ||||||
8 | If the prosecuting attorney intends to call the | ||||||
9 | support person as a witness during the State's | ||||||
10 | case-in-chief, the prosecuting attorney shall inform | ||||||
11 | the court of this intent in the response to the | ||||||
12 | defendant's written motion. The victim may choose a | ||||||
13 | different person to be the victim's support person. The | ||||||
14 | court may allow the defendant to inquire about matters | ||||||
15 | outside the scope of the direct examination during | ||||||
16 | cross-examination. If the court allows the defendant | ||||||
17 | to do so, the support person shall be allowed to remain | ||||||
18 | in the courtroom after the support person has | ||||||
19 | testified. A defendant who fails to question the | ||||||
20 | support person about matters outside the scope of | ||||||
21 | direct examination during the State's case-in-chief | ||||||
22 | waives the right to challenge the presence of the | ||||||
23 | support person on appeal. The court shall allow the | ||||||
24 | support person to testify if called as a witness in the | ||||||
25 | defendant's case-in-chief or the State's rebuttal. | ||||||
26 | If the court does not allow the defendant to |
| |||||||
| |||||||
1 | inquire about matters outside the scope of the direct | ||||||
2 | examination, the support person shall be allowed to | ||||||
3 | remain in the courtroom after the support person has | ||||||
4 | been called by the defendant or the defendant has | ||||||
5 | rested. The court shall allow the support person to | ||||||
6 | testify in the State's rebuttal. | ||||||
7 | If the prosecuting attorney does not intend to call | ||||||
8 | the support person in the State's case-in-chief, the | ||||||
9 | court shall verify with the support person whether the | ||||||
10 | support person, if called as a witness, would testify | ||||||
11 | as set forth in the offer of proof. If the court finds | ||||||
12 | that the support person would testify as set forth in | ||||||
13 | the offer of proof, the court shall rule on the | ||||||
14 | relevance, materiality, and admissibility of the | ||||||
15 | anticipated testimony. If the court rules the | ||||||
16 | anticipated testimony is admissible, the court shall | ||||||
17 | issue the subpoena. The support person may remain in | ||||||
18 | the courtroom after the support person testifies and | ||||||
19 | shall be allowed to testify in rebuttal. | ||||||
20 | If the court excludes the victim's support person | ||||||
21 | during the State's case-in-chief, the victim shall be | ||||||
22 | allowed to choose another support person to be present | ||||||
23 | in court. | ||||||
24 | If the victim fails to designate a support person | ||||||
25 | within 60 days of trial and the defendant has | ||||||
26 | subpoenaed the support person to testify at trial, the |
| |||||||
| |||||||
1 | court may exclude the support person from the trial | ||||||
2 | until the support person testifies. If the court | ||||||
3 | excludes the support person the victim may choose | ||||||
4 | another person as a support person. | ||||||
5 | (9) Right to notice and hearing before disclosure of | ||||||
6 | confidential or privileged information or records. A | ||||||
7 | defendant who seeks to subpoena records of or concerning | ||||||
8 | the victim that are confidential or privileged by law must | ||||||
9 | seek permission of the court before the subpoena is issued. | ||||||
10 | The defendant must file a written motion and an offer of | ||||||
11 | proof regarding the relevance, admissibility and | ||||||
12 | materiality of the records. If the court finds by a | ||||||
13 | preponderance of the evidence that: (A) the records are not | ||||||
14 | protected by an absolute privilege and (B) the records | ||||||
15 | contain relevant, admissible, and material evidence that | ||||||
16 | is not available through other witnesses or evidence, the | ||||||
17 | court shall issue a subpoena requiring a sealed copy of the | ||||||
18 | records be delivered to the court to be reviewed in camera. | ||||||
19 | If, after conducting an in camera review of the records, | ||||||
20 | the court determines that due process requires disclosure | ||||||
21 | of any portion of the records, the court shall provide | ||||||
22 | copies of what it intends to disclose to the prosecuting | ||||||
23 | attorney and the victim. The prosecuting attorney and the | ||||||
24 | victim shall have 30 days to seek appellate review before | ||||||
25 | the records are disclosed to the defendant. The disclosure | ||||||
26 | of copies of any portion of the records to the prosecuting |
| |||||||
| |||||||
1 | attorney does not make the records subject to discovery. | ||||||
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 the | ||||||
6 | time, place, and purpose of the court proceeding and that | ||||||
7 | the victim had a right to be heard at the court proceeding. | ||||||
8 | If the court determines that timely notice was not given or | ||||||
9 | that the victim was not adequately informed of the nature | ||||||
10 | of the court proceeding, the court shall not rule on any | ||||||
11 | substantive issues, accept a plea, or impose a sentence and | ||||||
12 | shall continue the hearing for the time necessary to notify | ||||||
13 | the victim of the time, place and nature of the court | ||||||
14 | proceeding. The time between court proceedings shall not be | ||||||
15 | attributable to the State under Section 103-5 of the Code | ||||||
16 | 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 on | ||||||
21 | a motion to continue trial or other court proceeding, the | ||||||
22 | court shall inquire into the circumstances for the request | ||||||
23 | for the delay and, if the victim has provided written | ||||||
24 | 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 |
| |||||||
| |||||||
1 | court of the victim's objections. If the prosecutor has not | ||||||
2 | 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, within | ||||||
24 | 5 days after sentencing, notify the victim what | ||||||
25 | information and documentation related to restitution | ||||||
26 | is needed and that the information and documentation |
| |||||||
| |||||||
1 | must be provided to the prosecutor within 45 days after | ||||||
2 | sentencing. Failure to timely provide information and | ||||||
3 | documentation related to restitution shall be deemed a | ||||||
4 | waiver of the right to restitution. The prosecutor | ||||||
5 | shall file and serve within 60 days after sentencing a | ||||||
6 | proposed judgment for restitution and a notice that | ||||||
7 | includes information concerning the identity of any | ||||||
8 | victims or other persons seeking restitution, whether | ||||||
9 | any victim or other person expressly declines | ||||||
10 | restitution, the nature and amount of any damages | ||||||
11 | together with any supporting documentation, a | ||||||
12 | restitution amount recommendation, and the names of | ||||||
13 | any co-defendants and their case numbers. Within 30 | ||||||
14 | days after receipt of the proposed judgment for | ||||||
15 | restitution, the defendant shall file any objection to | ||||||
16 | the proposed judgment, a statement of grounds for the | ||||||
17 | objection, and a financial statement. If the defendant | ||||||
18 | does not file an objection, the court may enter the | ||||||
19 | judgment for restitution without further proceedings. | ||||||
20 | If the defendant files an objection and either party | ||||||
21 | requests a hearing, the court shall schedule a hearing. | ||||||
22 | (13) Access to presentence reports. | ||||||
23 | (A) The victim may request a copy of the | ||||||
24 | presentence report prepared under the Unified Code of | ||||||
25 | Corrections from the State's Attorney. The State's | ||||||
26 | Attorney shall redact the following information before |
| |||||||
| |||||||
1 | providing a copy of the report: | ||||||
2 | (i) the defendant's mental history and | ||||||
3 | condition; | ||||||
4 | (ii) any evaluation prepared under subsection | ||||||
5 | (b) or (b-5) of Section 5-3-2; and | ||||||
6 | (iii) the name, address, phone number, and | ||||||
7 | other personal information about any other victim. | ||||||
8 | (B) The State's Attorney or the defendant may | ||||||
9 | request the court redact other information in the | ||||||
10 | report that may endanger the safety of any person. | ||||||
11 | (C) The State's Attorney may orally disclose to the | ||||||
12 | victim any of the information that has been redacted if | ||||||
13 | there is a reasonable likelihood that the information | ||||||
14 | will be stated in court at the sentencing. | ||||||
15 | (D) The State's Attorney must advise the victim | ||||||
16 | that the victim must maintain the confidentiality of | ||||||
17 | the report and other information. Any dissemination of | ||||||
18 | the report or information that was not stated at a | ||||||
19 | court proceeding constitutes indirect criminal | ||||||
20 | contempt of court. | ||||||
21 | (14) Appellate relief. If the trial court denies the | ||||||
22 | relief requested, the victim, the victim's attorney, or the | ||||||
23 | prosecuting attorney may file an appeal within 30 days of | ||||||
24 | the trial court's ruling. The trial or appellate court may | ||||||
25 | stay the court proceedings if the court finds that a stay | ||||||
26 | would not violate a constitutional right of the defendant. |
| |||||||
| |||||||
1 | If the appellate court denies the relief sought, the | ||||||
2 | reasons for the denial shall be clearly stated in a written | ||||||
3 | opinion. In any appeal in a criminal case, the State may | ||||||
4 | assert as error the court's denial of any crime victim's | ||||||
5 | right in the proceeding to which the appeal relates. | ||||||
6 | (15) Limitation on appellate relief. In no case shall | ||||||
7 | an appellate court provide a new trial to remedy the | ||||||
8 | violation of a victim's right. | ||||||
9 | (16) The right to be reasonably protected from the | ||||||
10 | accused throughout the criminal justice process and the | ||||||
11 | right to have the safety of the victim and the victim's | ||||||
12 | family considered in denying or fixing the amount of bail, | ||||||
13 | determining whether to release the defendant, and setting | ||||||
14 | conditions of release after arrest and conviction. A victim | ||||||
15 | of domestic violence, a sexual offense, or stalking may | ||||||
16 | request the entry of a protective order under Article 112A | ||||||
17 | of the Code of Criminal Procedure of 1963. | ||||||
18 | (d) Procedures after the imposition of sentence. | ||||||
19 | (1) The Prisoner Review Board shall inform a victim or | ||||||
20 | any other
concerned citizen, upon written request, of the | ||||||
21 | prisoner's release on parole,
mandatory supervised | ||||||
22 | release, electronic detention, work release, international | ||||||
23 | transfer or exchange, or by the
custodian, other than the | ||||||
24 | Department of Juvenile Justice, of the discharge of any | ||||||
25 | individual who was adjudicated a delinquent
for a crime | ||||||
26 | from State custody and by the sheriff of the appropriate
|
| |||||||
| |||||||
1 | county of any such person's final discharge from county | ||||||
2 | custody.
The Prisoner Review Board, upon written request, | ||||||
3 | shall provide to a victim or
any other concerned citizen a | ||||||
4 | recent photograph of any person convicted of a
felony, upon | ||||||
5 | his or her release from custody.
The Prisoner
Review Board, | ||||||
6 | upon written request, shall inform a victim or any other
| ||||||
7 | concerned citizen when feasible at least 7 days prior to | ||||||
8 | the prisoner's release
on furlough of the times and dates | ||||||
9 | of such furlough. Upon written request by
the victim or any | ||||||
10 | other concerned citizen, the State's Attorney shall notify
| ||||||
11 | the person once of the times and dates of release of a | ||||||
12 | prisoner sentenced to
periodic imprisonment. Notification | ||||||
13 | shall be based on the most recent
information as to | ||||||
14 | victim's or other concerned citizen's residence or other
| ||||||
15 | location available to the notifying authority.
| ||||||
16 | (2) When the defendant has been committed to the | ||||||
17 | Department of
Human Services pursuant to Section 5-2-4 or | ||||||
18 | any other
provision of the Unified Code of Corrections, the | ||||||
19 | victim may request to be
notified by the releasing | ||||||
20 | authority of the approval by the court of an on-grounds | ||||||
21 | pass, a supervised off-grounds pass, an unsupervised | ||||||
22 | off-grounds pass, or conditional release; the release on an | ||||||
23 | off-grounds pass; the return from an off-grounds pass; | ||||||
24 | transfer to another facility; conditional release; escape; | ||||||
25 | death; or final discharge from State
custody. The | ||||||
26 | Department of Human Services shall establish and maintain a |
| |||||||
| |||||||
1 | statewide telephone number to be used by victims to make | ||||||
2 | notification requests under these provisions and shall | ||||||
3 | publicize this telephone number on its website and to the | ||||||
4 | State's Attorney of each county.
| ||||||
5 | (3) In the event of an escape from State custody, the | ||||||
6 | Department of
Corrections or the Department of Juvenile | ||||||
7 | Justice immediately shall notify the Prisoner Review Board | ||||||
8 | of the escape
and the Prisoner Review Board shall notify | ||||||
9 | the victim. The notification shall
be based upon the most | ||||||
10 | recent information as to the victim's residence or other
| ||||||
11 | location available to the Board. When no such information | ||||||
12 | is available, the
Board shall make all reasonable efforts | ||||||
13 | to obtain the information and make
the notification. When | ||||||
14 | the escapee is apprehended, the Department of
Corrections | ||||||
15 | or the Department of Juvenile Justice immediately shall | ||||||
16 | notify the Prisoner Review Board and the Board
shall notify | ||||||
17 | the victim.
| ||||||
18 | (4) The victim of the crime for which the prisoner has | ||||||
19 | been sentenced
has the right to register with the Prisoner | ||||||
20 | Review Board's victim registry. Victims registered with | ||||||
21 | the Board shall receive reasonable written notice not less | ||||||
22 | than 30 days prior to the
parole hearing or target | ||||||
23 | aftercare release date. The victim has the right to submit | ||||||
24 | a victim statement for consideration by the Prisoner Review | ||||||
25 | Board or the Department of Juvenile Justice in writing, on | ||||||
26 | film, videotape, or other electronic means, or in the form |
| |||||||
| |||||||
1 | of a recording prior to the parole hearing or target | ||||||
2 | aftercare release date, or in person at the parole hearing | ||||||
3 | or aftercare release protest hearing, or by calling the | ||||||
4 | toll-free number established in subsection (f) of this | ||||||
5 | Section. , The
victim shall be notified within 7 days after | ||||||
6 | the prisoner has been granted
parole or aftercare release | ||||||
7 | and shall be informed of the right to inspect the registry | ||||||
8 | of parole
decisions, established under subsection (g) of | ||||||
9 | Section 3-3-5 of the Unified
Code of Corrections. The | ||||||
10 | provisions of this paragraph (4) are subject to the
Open | ||||||
11 | Parole Hearings Act. Victim statements provided to the | ||||||
12 | Board shall be confidential and privileged, including any | ||||||
13 | statements received prior to January 1, 2020 ( the effective | ||||||
14 | date of Public Act 101-288) this amendatory Act of the | ||||||
15 | 101st General Assembly , except if the statement was an oral | ||||||
16 | statement made by the victim at a hearing open to the | ||||||
17 | public.
| ||||||
18 | (4-1) The crime victim has the right to submit a victim | ||||||
19 | statement for consideration by the Prisoner Review Board or | ||||||
20 | the Department of Juvenile Justice prior to or at a hearing | ||||||
21 | to determine the conditions of mandatory supervised | ||||||
22 | release of a person sentenced to a determinate sentence or | ||||||
23 | at a hearing on revocation of mandatory supervised release | ||||||
24 | of a person sentenced to a determinate sentence. A victim | ||||||
25 | statement may be submitted in writing, on film, videotape, | ||||||
26 | or other electronic means, or in the form of a recording, |
| |||||||
| |||||||
1 | or orally at a hearing, or by calling the toll-free number | ||||||
2 | established in subsection (f) of this Section. Victim | ||||||
3 | statements provided to the Board shall be confidential and | ||||||
4 | privileged, including any statements received prior to | ||||||
5 | January 1, 2020 ( the effective date of Public Act 101-288) | ||||||
6 | this amendatory Act of the 101st General Assembly , except | ||||||
7 | if the statement was an oral statement made by the victim | ||||||
8 | at a hearing open to the public. | ||||||
9 | (4-2) The crime victim has the right to submit a victim | ||||||
10 | statement to the Prisoner Review Board for consideration at | ||||||
11 | an executive clemency hearing as provided in Section 3-3-13 | ||||||
12 | of the Unified Code of Corrections. A victim statement may | ||||||
13 | be submitted in writing, on film, videotape, or other | ||||||
14 | electronic means, or in the form of a recording prior to a | ||||||
15 | hearing, or orally at a hearing, or by calling the | ||||||
16 | toll-free number established in subsection (f) of this | ||||||
17 | Section. Victim statements provided to the Board shall be | ||||||
18 | confidential and privileged, including any statements | ||||||
19 | received prior to January 1, 2020 ( the effective date of | ||||||
20 | Public Act 101-288) this amendatory Act of the 101st | ||||||
21 | General Assembly , except if the statement was an oral | ||||||
22 | statement made by the victim at a hearing open to the | ||||||
23 | public. | ||||||
24 | (5) If a statement is presented under Section 6, the | ||||||
25 | Prisoner Review Board or Department of Juvenile Justice
| ||||||
26 | shall inform the victim of any order of discharge pursuant
|
| |||||||
| |||||||
1 | to Section 3-2.5-85 or 3-3-8 of the Unified Code of | ||||||
2 | Corrections.
| ||||||
3 | (6) At the written or oral request of the victim of the | ||||||
4 | crime for which the
prisoner was sentenced or the State's | ||||||
5 | Attorney of the county where the person seeking parole or | ||||||
6 | aftercare release was prosecuted, the Prisoner Review | ||||||
7 | Board or Department of Juvenile Justice shall notify the | ||||||
8 | victim and the State's Attorney of the county where the | ||||||
9 | person seeking parole or aftercare release was prosecuted | ||||||
10 | of
the death of the prisoner if the prisoner died while on | ||||||
11 | parole or aftercare release or mandatory
supervised | ||||||
12 | release.
| ||||||
13 | (7) When a defendant who has been committed to the | ||||||
14 | Department of
Corrections, the Department of Juvenile | ||||||
15 | Justice, or the Department of Human Services is released or | ||||||
16 | discharged and
subsequently committed to the Department of | ||||||
17 | Human Services as a sexually
violent person and the victim | ||||||
18 | had requested to be notified by the releasing
authority of | ||||||
19 | the defendant's discharge, conditional release, death, or | ||||||
20 | escape from State custody, the releasing
authority shall | ||||||
21 | provide to the Department of Human Services such | ||||||
22 | information
that would allow the Department of Human | ||||||
23 | Services to contact the victim.
| ||||||
24 | (8) When a defendant has been convicted of a sex | ||||||
25 | offense as defined in Section 2 of the Sex Offender | ||||||
26 | Registration Act and has been sentenced to the Department |
| |||||||
| |||||||
1 | of Corrections or the Department of Juvenile Justice, the | ||||||
2 | Prisoner Review Board or the Department of Juvenile Justice | ||||||
3 | shall notify the victim of the sex offense of the | ||||||
4 | prisoner's eligibility for release on parole, aftercare | ||||||
5 | release,
mandatory supervised release, electronic | ||||||
6 | detention, work release, international transfer or | ||||||
7 | exchange, or by the
custodian of the discharge of any | ||||||
8 | individual who was adjudicated a delinquent
for a sex | ||||||
9 | offense from State custody and by the sheriff of the | ||||||
10 | appropriate
county of any such person's final discharge | ||||||
11 | from county custody. The notification shall be made to the | ||||||
12 | victim at least 30 days, whenever possible, before release | ||||||
13 | of the sex offender. | ||||||
14 | (e) The officials named in this Section may satisfy some or | ||||||
15 | all of their
obligations to provide notices and other | ||||||
16 | information through participation in a
statewide victim and | ||||||
17 | witness notification system established by the Attorney
| ||||||
18 | General under Section 8.5 of this Act.
| ||||||
19 | (f) The Prisoner Review Board
shall establish a toll-free | ||||||
20 | number that may be accessed by the crime victim to present a | ||||||
21 | victim statement to the Board in accordance with paragraphs | ||||||
22 | (4), (4-1), and (4-2) of subsection (d).
| ||||||
23 | (Source: P.A. 100-199, eff. 1-1-18; 100-961, eff. 1-1-19; | ||||||
24 | 101-81, eff. 7-12-19; 101-288, eff. 1-1-20; revised 9-23-19.)
| ||||||
25 | Section 10-270. The Pretrial Services Act is amended by |
| |||||||
| |||||||
1 | changing Sections 11, 20, 22, and 34 as follows:
| ||||||
2 | (725 ILCS 185/11) (from Ch. 38, par. 311)
| ||||||
3 | Sec. 11.
No person shall be interviewed by a pretrial | ||||||
4 | services agency
unless he or she has first been apprised of the | ||||||
5 | identity and purpose of the
interviewer, the scope of the | ||||||
6 | interview, the right to secure legal advice,
and the right to | ||||||
7 | refuse cooperation. Inquiry of the defendant shall
carefully | ||||||
8 | exclude questions concerning the details of the current charge.
| ||||||
9 | Statements made by the defendant during the interview, or | ||||||
10 | evidence derived
therefrom, are admissible in
evidence only | ||||||
11 | when the court is considering the imposition of pretrial or
| ||||||
12 | posttrial conditions to bail or recognizance, or when | ||||||
13 | considering the
modification of a prior release order.
| ||||||
14 | (Source: P.A. 84-1449.)
| ||||||
15 | (725 ILCS 185/20) (from Ch. 38, par. 320)
| ||||||
16 | Sec. 20.
In preparing and presenting its written reports | ||||||
17 | under
Sections 17 and 19, pretrial services agencies shall in
| ||||||
18 | appropriate cases
include specific recommendations for the | ||||||
19 | setting the conditions , increase, or decrease of
pretrial | ||||||
20 | release bail ; the release of the interviewee on his own | ||||||
21 | recognizance in sums
certain; and the imposition of pretrial | ||||||
22 | conditions of pretrial release to bail or recognizance
designed | ||||||
23 | to minimize the risks of nonappearance, the commission of new
| ||||||
24 | offenses while awaiting trial, and other potential |
| |||||||
| |||||||
1 | interference with the
orderly administration of justice. In | ||||||
2 | establishing objective internal
criteria of any such | ||||||
3 | recommendation policies, the agency may utilize
so-called | ||||||
4 | "point scales" for evaluating the aforementioned risks,
but no | ||||||
5 | interviewee shall be considered as ineligible for particular | ||||||
6 | agency
recommendations by sole reference to such procedures.
| ||||||
7 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
8 | (725 ILCS 185/22) (from Ch. 38, par. 322)
| ||||||
9 | Sec. 22.
If so ordered by the court, the pretrial services | ||||||
10 | agency
shall prepare and submit for
the court's approval and | ||||||
11 | signature a uniform release order on the uniform
form | ||||||
12 | established by the Supreme Court in all
cases where an | ||||||
13 | interviewee may be released from custody under conditions
| ||||||
14 | contained in an agency report. Such conditions shall become | ||||||
15 | part of the
conditions of pretrial release the bail bond . A | ||||||
16 | copy of the uniform release order shall
be provided to the | ||||||
17 | defendant and defendant's attorney of record, and the | ||||||
18 | prosecutor.
| ||||||
19 | (Source: P.A. 84-1449.)
| ||||||
20 | (725 ILCS 185/34) | ||||||
21 | Sec. 34. Probation and court services departments | ||||||
22 | considered pretrial services agencies. For the purposes of | ||||||
23 | administering the provisions of Public Act 95-773, known as the | ||||||
24 | Cindy Bischof Law, all probation and court services departments |
| |||||||
| |||||||
1 | are to be considered pretrial services agencies under this Act | ||||||
2 | and under the pretrial release bail bond provisions of the Code | ||||||
3 | of Criminal Procedure of 1963.
| ||||||
4 | (Source: P.A. 96-341, eff. 8-11-09.)
| ||||||
5 | Section 10-275. The Quasi-criminal and Misdemeanor Bail | ||||||
6 | Act is amended by changing the title of the Act and Sections | ||||||
7 | 0.01, 1, 2, 3, and 5 as follows:
| ||||||
8 | (725 ILCS 195/Act title)
| ||||||
9 | An Act to authorize designated officers
to let persons | ||||||
10 | charged with quasi-criminal offenses and misdemeanors to
| ||||||
11 | pretrial release bail and to accept and receipt for fines on | ||||||
12 | pleas of guilty in minor
offenses, in accordance with schedules | ||||||
13 | established by rule of court.
| ||||||
14 | (725 ILCS 195/0.01) (from Ch. 16, par. 80)
| ||||||
15 | Sec. 0.01. Short title. This Act may be cited as the
| ||||||
16 | Quasi-criminal and Misdemeanor Pretrial Release Bail Act.
| ||||||
17 | (Source: P.A. 86-1324.)
| ||||||
18 | (725 ILCS 195/1) (from Ch. 16, par. 81)
| ||||||
19 | Sec. 1.
Whenever in any circuit there shall be in force a | ||||||
20 | rule or
order of the Supreme Court establishing a uniform form | ||||||
21 | schedule prescribing
the conditions of pretrial release | ||||||
22 | amounts of bail for specified conservation cases, traffic |
| |||||||
| |||||||
1 | cases,
quasi-criminal offenses and misdemeanors, any general | ||||||
2 | superintendent,
chief, captain, lieutenant, or sergeant of | ||||||
3 | police, or other police
officer, the sheriff, the circuit | ||||||
4 | clerk, and any deputy sheriff or
deputy circuit clerk | ||||||
5 | designated by the Circuit Court for the purpose,
are authorized | ||||||
6 | to let to pretrial release bail any person charged with a | ||||||
7 | quasi-criminal
offense or misdemeanor and to accept and receipt | ||||||
8 | for bonds or cash bail
in accordance with regulations | ||||||
9 | established by rule or order of the
Supreme Court . Unless | ||||||
10 | otherwise provided by Supreme Court Rule, no such
bail may be | ||||||
11 | posted or accepted in any place other
than a police station, | ||||||
12 | sheriff's office or jail, or other county,
municipal or other | ||||||
13 | building housing governmental units, or a division
| ||||||
14 | headquarters building of the Illinois State Police. Bonds and | ||||||
15 | cash so
received shall be delivered to the office of the | ||||||
16 | circuit clerk or that
of his designated deputy as provided by | ||||||
17 | regulation. Such cash and
securities so received shall be | ||||||
18 | delivered to the office of such clerk or
deputy clerk within at | ||||||
19 | least 48 hours of receipt or within the time set
for the | ||||||
20 | accused's appearance in court whichever is earliest.
| ||||||
21 | In all cases where a person is admitted to bail under a | ||||||
22 | uniform
schedule prescribing the amount of bail for specified | ||||||
23 | conservation
cases, traffic cases, quasi-criminal offenses and | ||||||
24 | misdemeanors the
provisions of Section 110-15 of the "Code of | ||||||
25 | Criminal Procedure of
1963", approved August 14, 1963, as | ||||||
26 | amended by the 75th General Assembly
shall be applicable.
|
| |||||||
| |||||||
1 | (Source: P.A. 80-897 .)
| ||||||
2 | (725 ILCS 195/2) (from Ch. 16, par. 82)
| ||||||
3 | Sec. 2.
The conditions of the pretrial release bail bond or | ||||||
4 | deposit of cash bail shall be
that the accused will appear to | ||||||
5 | answer the charge in court at a time and
place specified in the | ||||||
6 | pretrial release form bond and thereafter as ordered by the | ||||||
7 | court until
discharged on final order of the court and to | ||||||
8 | submit himself to the orders
and process of the court. The | ||||||
9 | accused shall be furnished with an official
receipt on a form | ||||||
10 | prescribed by rule of court for any cash or other
security | ||||||
11 | deposited, and shall receive a copy of the pretrial release | ||||||
12 | form bond specifying the
time and place of his court | ||||||
13 | appearance.
| ||||||
14 | Upon performance of the conditions of the pretrial release | ||||||
15 | bond , the pretrial release form bond shall be null
and void and | ||||||
16 | the accused shall be released from the conditions of pretrial | ||||||
17 | release any cash bail or other security shall be returned to | ||||||
18 | the
accused .
| ||||||
19 | (Source: Laws 1963, p. 2652.)
| ||||||
20 | (725 ILCS 195/3) (from Ch. 16, par. 83)
| ||||||
21 | Sec. 3.
In lieu of complying with the conditions of | ||||||
22 | pretrial release making bond or depositing cash bail as | ||||||
23 | provided in this Act
or the deposit of other security | ||||||
24 | authorized by law , any accused person has
the right to be |
| |||||||
| |||||||
1 | brought without unnecessary delay before the nearest or
most | ||||||
2 | accessible judge of the circuit to be dealt with according to | ||||||
3 | law.
| ||||||
4 | (Source: P.A. 77-1248 .)
| ||||||
5 | (725 ILCS 195/5) (from Ch. 16, par. 85)
| ||||||
6 | Sec. 5.
Any person authorized to accept pretrial release | ||||||
7 | bail or pleas of guilty by this Act who
violates any provision | ||||||
8 | of this Act is guilty of a Class B misdemeanor.
| ||||||
9 | (Source: P.A. 77-2319 .)
| ||||||
10 | Section 10-280. The Unified Code of Corrections is amended | ||||||
11 | by changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7, | ||||||
12 | and 8-2-1 as follows:
| ||||||
13 | (730 ILCS 5/5-3-2) (from Ch. 38, par. 1005-3-2)
| ||||||
14 | Sec. 5-3-2. Presentence report.
| ||||||
15 | (a) In felony cases, the presentence
report shall set | ||||||
16 | forth:
| ||||||
17 | (1) the defendant's history of delinquency or | ||||||
18 | criminality,
physical and mental history and condition, | ||||||
19 | family situation and
background, economic status, | ||||||
20 | education, occupation and personal habits;
| ||||||
21 | (2) information about special resources within the | ||||||
22 | community
which might be available to assist the | ||||||
23 | defendant's rehabilitation,
including treatment centers, |
| |||||||
| |||||||
1 | residential facilities, vocational
training services, | ||||||
2 | correctional manpower programs, employment
opportunities, | ||||||
3 | special educational programs, alcohol and drug
abuse | ||||||
4 | programming, psychiatric and marriage counseling, and | ||||||
5 | other
programs and facilities which could aid the | ||||||
6 | defendant's successful
reintegration into society;
| ||||||
7 | (3) the effect the offense committed has had upon the | ||||||
8 | victim or
victims thereof, and any compensatory benefit | ||||||
9 | that various
sentencing alternatives would confer on such | ||||||
10 | victim or victims;
| ||||||
11 | (3.5) information provided by the victim's spouse, | ||||||
12 | guardian, parent, grandparent, and other immediate family | ||||||
13 | and household members about the effect the offense | ||||||
14 | committed has had on the victim and on the person providing | ||||||
15 | the information; if the victim's spouse, guardian, parent, | ||||||
16 | grandparent, or other immediate family or household member | ||||||
17 | has provided a written statement, the statement shall be | ||||||
18 | attached to the report; | ||||||
19 | (4) information concerning the defendant's status | ||||||
20 | since arrest,
including his record if released on his own | ||||||
21 | recognizance, or the
defendant's achievement record if | ||||||
22 | released on a conditional
pre-trial supervision program;
| ||||||
23 | (5) when appropriate, a plan, based upon the personal, | ||||||
24 | economic
and social adjustment needs of the defendant, | ||||||
25 | utilizing public and
private community resources as an | ||||||
26 | alternative to institutional
sentencing;
|
| |||||||
| |||||||
1 | (6) any other matters that the investigatory officer | ||||||
2 | deems
relevant or the court directs to be included;
| ||||||
3 | (7) information concerning the defendant's eligibility | ||||||
4 | for a sentence to a
county impact incarceration program | ||||||
5 | under Section 5-8-1.2 of this Code; and
| ||||||
6 | (8) information concerning the defendant's eligibility | ||||||
7 | for a sentence to an impact incarceration program | ||||||
8 | administered by the Department under Section 5-8-1.1. | ||||||
9 | (b) The investigation shall include a physical and mental
| ||||||
10 | examination of the defendant when so ordered by the court. If
| ||||||
11 | the court determines that such an examination should be made, | ||||||
12 | it
shall issue an order that the defendant submit to | ||||||
13 | examination at
such time and place as designated by the court | ||||||
14 | and that such
examination be conducted by a physician, | ||||||
15 | psychologist or
psychiatrist designated by the court. Such an | ||||||
16 | examination may
be conducted in a court clinic if so ordered by | ||||||
17 | the court. The
cost of such examination shall be paid by the | ||||||
18 | county in which
the trial is held.
| ||||||
19 | (b-5) In cases involving felony sex offenses in which the | ||||||
20 | offender is being considered for probation only or any felony | ||||||
21 | offense that is
sexually motivated as defined in the Sex | ||||||
22 | Offender Management Board Act in which the offender is being | ||||||
23 | considered for probation only, the
investigation shall include | ||||||
24 | a sex offender evaluation by an evaluator approved
by the Board | ||||||
25 | and conducted in conformance with the standards developed under
| ||||||
26 | the Sex Offender Management Board Act. In cases in which the |
| |||||||
| |||||||
1 | offender is being considered for any mandatory prison sentence, | ||||||
2 | the investigation shall not include a sex offender evaluation.
| ||||||
3 | (c) In misdemeanor, business offense or petty offense | ||||||
4 | cases, except as
specified in subsection (d) of this Section, | ||||||
5 | when a presentence report has
been ordered by the court, such | ||||||
6 | presentence report shall contain
information on the | ||||||
7 | defendant's history of delinquency or criminality and
shall | ||||||
8 | further contain only those matters listed in any of paragraphs | ||||||
9 | (1)
through (6) of subsection (a) or in subsection (b) of this | ||||||
10 | Section as are
specified by the court in its order for the | ||||||
11 | report.
| ||||||
12 | (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or | ||||||
13 | 12-30 of the Criminal
Code of 1961 or the Criminal Code of | ||||||
14 | 2012, the presentence report shall set forth
information about | ||||||
15 | alcohol, drug abuse, psychiatric, and marriage counseling
or | ||||||
16 | other treatment programs and facilities, information on the | ||||||
17 | defendant's
history of delinquency or criminality, and shall | ||||||
18 | contain those additional
matters listed in any of paragraphs | ||||||
19 | (1) through (6) of subsection (a) or in
subsection (b) of this | ||||||
20 | Section as are specified by the court.
| ||||||
21 | (e) Nothing in this Section shall cause the defendant to be
| ||||||
22 | held without pretrial release bail or to have his pretrial | ||||||
23 | release bail revoked for the purpose
of preparing the | ||||||
24 | presentence report or making an examination.
| ||||||
25 | (Source: P.A. 101-105, eff. 1-1-20; revised 9-24-19.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-5-3.2)
| ||||||
2 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
3 | sentencing.
| ||||||
4 | (a) The following factors shall be accorded weight in favor | ||||||
5 | of
imposing a term of imprisonment or may be considered by the | ||||||
6 | court as reasons
to impose a more severe sentence under Section | ||||||
7 | 5-8-1 or Article 4.5 of Chapter V:
| ||||||
8 | (1) the defendant's conduct caused or threatened | ||||||
9 | serious harm;
| ||||||
10 | (2) the defendant received compensation for committing | ||||||
11 | the offense;
| ||||||
12 | (3) the defendant has a history of prior delinquency or | ||||||
13 | criminal activity;
| ||||||
14 | (4) the defendant, by the duties of his office or by | ||||||
15 | his position,
was obliged to prevent the particular offense | ||||||
16 | committed or to bring
the offenders committing it to | ||||||
17 | justice;
| ||||||
18 | (5) the defendant held public office at the time of the | ||||||
19 | offense,
and the offense related to the conduct of that | ||||||
20 | office;
| ||||||
21 | (6) the defendant utilized his professional reputation | ||||||
22 | or
position in the community to commit the offense, or to | ||||||
23 | afford
him an easier means of committing it;
| ||||||
24 | (7) the sentence is necessary to deter others from | ||||||
25 | committing
the same crime;
| ||||||
26 | (8) the defendant committed the offense against a |
| |||||||
| |||||||
1 | person 60 years of age
or older or such person's property;
| ||||||
2 | (9) the defendant committed the offense against a | ||||||
3 | person who has a physical disability or such person's | ||||||
4 | property;
| ||||||
5 | (10) by reason of another individual's actual or | ||||||
6 | perceived race, color,
creed, religion, ancestry, gender, | ||||||
7 | sexual orientation, physical or mental
disability, or | ||||||
8 | national origin, the defendant committed the offense | ||||||
9 | against (i)
the person or property
of that individual; (ii) | ||||||
10 | the person or property of a person who has an
association | ||||||
11 | with, is married to, or has a friendship with the other | ||||||
12 | individual;
or (iii) the person or property of a relative | ||||||
13 | (by blood or marriage) of a
person described in clause (i) | ||||||
14 | or (ii). For the purposes of this Section,
"sexual | ||||||
15 | orientation" has the meaning ascribed to it in paragraph | ||||||
16 | (O-1) of Section 1-103 of the Illinois Human Rights Act;
| ||||||
17 | (11) the offense took place in a place of worship or on | ||||||
18 | the
grounds of a place of worship, immediately prior to, | ||||||
19 | during or immediately
following worship services. For | ||||||
20 | purposes of this subparagraph, "place of
worship" shall | ||||||
21 | mean any church, synagogue or other building, structure or
| ||||||
22 | place used primarily for religious worship;
| ||||||
23 | (12) the defendant was convicted of a felony committed | ||||||
24 | while he was
on pretrial release released on bail or his | ||||||
25 | own recognizance pending trial for a prior felony
and was | ||||||
26 | convicted of such prior felony, or the defendant was |
| |||||||
| |||||||
1 | convicted of a
felony committed while he was serving a | ||||||
2 | period of probation,
conditional discharge, or mandatory | ||||||
3 | supervised release under subsection (d)
of Section 5-8-1
| ||||||
4 | for a prior felony;
| ||||||
5 | (13) the defendant committed or attempted to commit a | ||||||
6 | felony while he
was wearing a bulletproof vest. For the | ||||||
7 | purposes of this paragraph (13), a
bulletproof vest is any | ||||||
8 | device which is designed for the purpose of
protecting the | ||||||
9 | wearer from bullets, shot or other lethal projectiles;
| ||||||
10 | (14) the defendant held a position of trust or | ||||||
11 | supervision such as, but
not limited to, family member as | ||||||
12 | defined in Section 11-0.1 of the Criminal Code
of 2012, | ||||||
13 | teacher, scout leader, baby sitter, or day care worker, in
| ||||||
14 | relation to a victim under 18 years of age, and the | ||||||
15 | defendant committed an
offense in violation of Section | ||||||
16 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
17 | 11-14.4 except for an offense that involves keeping a place | ||||||
18 | of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
| ||||||
19 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
20 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
21 | of 2012
against
that victim;
| ||||||
22 | (15) the defendant committed an offense related to the | ||||||
23 | activities of an
organized gang. For the purposes of this | ||||||
24 | factor, "organized gang" has the
meaning ascribed to it in | ||||||
25 | Section 10 of the Streetgang Terrorism Omnibus
Prevention | ||||||
26 | Act;
|
| |||||||
| |||||||
1 | (16) the defendant committed an offense in violation of | ||||||
2 | one of the
following Sections while in a school, regardless | ||||||
3 | of the time of day or time of
year; on any conveyance | ||||||
4 | owned, leased, or contracted by a school to transport
| ||||||
5 | students to or from school or a school related activity; on | ||||||
6 | the real property
of a school; or on a public way within | ||||||
7 | 1,000 feet of the real property
comprising any school: | ||||||
8 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
9 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
| ||||||
10 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
11 | 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, | ||||||
12 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
13 | (a)(4) or (g)(1), of the Criminal Code of
1961 or the | ||||||
14 | Criminal Code of 2012;
| ||||||
15 | (16.5) the defendant committed an offense in violation | ||||||
16 | of one of the
following Sections while in a day care | ||||||
17 | center, regardless of the time of day or
time of year; on | ||||||
18 | the real property of a day care center, regardless of the | ||||||
19 | time
of day or time of year; or on a public
way within | ||||||
20 | 1,000 feet of the real property comprising any day care | ||||||
21 | center,
regardless of the time of day or time of year:
| ||||||
22 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
23 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
24 | 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
25 | 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
26 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision |
| |||||||
| |||||||
1 | (a)(4) or (g)(1), of the Criminal
Code of 1961 or the | ||||||
2 | Criminal Code of 2012;
| ||||||
3 | (17) the defendant committed the offense by reason of | ||||||
4 | any person's
activity as a community policing volunteer or | ||||||
5 | to prevent any person from
engaging in activity as a | ||||||
6 | community policing volunteer. For the purpose of
this | ||||||
7 | Section, "community policing volunteer" has the meaning | ||||||
8 | ascribed to it in
Section 2-3.5 of the Criminal Code of | ||||||
9 | 2012;
| ||||||
10 | (18) the defendant committed the offense in a nursing | ||||||
11 | home or on the
real
property comprising a nursing home. For | ||||||
12 | the purposes of this paragraph (18),
"nursing home" means a | ||||||
13 | skilled nursing
or intermediate long term care facility | ||||||
14 | that is subject to license by the
Illinois Department of | ||||||
15 | Public Health under the Nursing Home Care
Act, the | ||||||
16 | Specialized Mental Health Rehabilitation Act of 2013, the | ||||||
17 | ID/DD Community Care Act, or the MC/DD Act;
| ||||||
18 | (19) the defendant was a federally licensed firearm | ||||||
19 | dealer
and
was
previously convicted of a violation of | ||||||
20 | subsection (a) of Section 3 of the
Firearm Owners | ||||||
21 | Identification Card Act and has now committed either a | ||||||
22 | felony
violation
of the Firearm Owners Identification Card | ||||||
23 | Act or an act of armed violence while
armed
with a firearm; | ||||||
24 | (20) the defendant (i) committed the offense of | ||||||
25 | reckless homicide under Section 9-3 of the Criminal Code of | ||||||
26 | 1961 or the Criminal Code of 2012 or the offense of driving |
| |||||||
| |||||||
1 | under the influence of alcohol, other drug or
drugs, | ||||||
2 | intoxicating compound or compounds or any combination | ||||||
3 | thereof under Section 11-501 of the Illinois Vehicle Code | ||||||
4 | or a similar provision of a local ordinance and (ii) was | ||||||
5 | operating a motor vehicle in excess of 20 miles per hour | ||||||
6 | over the posted speed limit as provided in Article VI of | ||||||
7 | Chapter 11 of the Illinois Vehicle Code;
| ||||||
8 | (21) the defendant (i) committed the offense of | ||||||
9 | reckless driving or aggravated reckless driving under | ||||||
10 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
11 | operating a motor vehicle in excess of 20 miles per hour | ||||||
12 | over the posted speed limit as provided in Article VI of | ||||||
13 | Chapter 11 of the Illinois Vehicle Code; | ||||||
14 | (22) the defendant committed the offense against a | ||||||
15 | person that the defendant knew, or reasonably should have | ||||||
16 | known, was a member of the Armed Forces of the United | ||||||
17 | States serving on active duty. For purposes of this clause | ||||||
18 | (22), the term "Armed Forces" means any of the Armed Forces | ||||||
19 | of the United States, including a member of any reserve | ||||||
20 | component thereof or National Guard unit called to active | ||||||
21 | duty;
| ||||||
22 | (23)
the defendant committed the offense against a | ||||||
23 | person who was elderly or infirm or who was a person with a | ||||||
24 | disability by taking advantage of a family or fiduciary | ||||||
25 | relationship with the elderly or infirm person or person | ||||||
26 | with a disability;
|
| |||||||
| |||||||
1 | (24)
the defendant committed any offense under Section | ||||||
2 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
3 | of 2012 and possessed 100 or more images;
| ||||||
4 | (25) the defendant committed the offense while the | ||||||
5 | defendant or the victim was in a train, bus, or other | ||||||
6 | vehicle used for public transportation; | ||||||
7 | (26) the defendant committed the offense of child | ||||||
8 | pornography or aggravated child pornography, specifically | ||||||
9 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
10 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
11 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
12 | solicited for, depicted in, or posed in any act of sexual | ||||||
13 | penetration or bound, fettered, or subject to sadistic, | ||||||
14 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
15 | and specifically including paragraph (1), (2), (3), (4), | ||||||
16 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
17 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
18 | engaged in, solicited for, depicted in, or posed in any act | ||||||
19 | of sexual penetration or bound, fettered, or subject to | ||||||
20 | sadistic, masochistic, or sadomasochistic abuse in a | ||||||
21 | sexual context; | ||||||
22 | (27) the defendant committed the offense of first | ||||||
23 | degree murder, assault, aggravated assault, battery, | ||||||
24 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
25 | robbery against a person who was a veteran and the | ||||||
26 | defendant knew, or reasonably should have known, that the |
| |||||||
| |||||||
1 | person was a veteran performing duties as a representative | ||||||
2 | of a veterans' organization. For the purposes of this | ||||||
3 | paragraph (27), "veteran" means an Illinois resident who | ||||||
4 | has served as a member of the United States Armed Forces, a | ||||||
5 | member of the Illinois National Guard, or a member of the | ||||||
6 | United States Reserve Forces; and "veterans' organization" | ||||||
7 | means an organization comprised of members of
which | ||||||
8 | substantially all are individuals who are veterans or | ||||||
9 | spouses,
widows, or widowers of veterans, the primary | ||||||
10 | purpose of which is to
promote the welfare of its members | ||||||
11 | and to provide assistance to the general
public in such a | ||||||
12 | way as to confer a public benefit; | ||||||
13 | (28) the defendant committed the offense of assault, | ||||||
14 | aggravated assault, battery, aggravated battery, robbery, | ||||||
15 | armed robbery, or aggravated robbery against a person that | ||||||
16 | the defendant knew or reasonably should have known was a | ||||||
17 | letter carrier or postal worker while that person was | ||||||
18 | performing his or her duties delivering mail for the United | ||||||
19 | States Postal Service; | ||||||
20 | (29) the defendant committed the offense of criminal | ||||||
21 | sexual assault, aggravated criminal sexual assault, | ||||||
22 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
23 | against a victim with an intellectual disability, and the | ||||||
24 | defendant holds a position of trust, authority, or | ||||||
25 | supervision in relation to the victim; | ||||||
26 | (30) the defendant committed the offense of promoting |
| |||||||
| |||||||
1 | juvenile prostitution, patronizing a prostitute, or | ||||||
2 | patronizing a minor engaged in prostitution and at the time | ||||||
3 | of the commission of the offense knew that the prostitute | ||||||
4 | or minor engaged in prostitution was in the custody or | ||||||
5 | guardianship of the Department of Children and Family | ||||||
6 | Services; | ||||||
7 | (31) the defendant (i) committed the offense of driving | ||||||
8 | while under the influence of alcohol, other drug or drugs, | ||||||
9 | intoxicating compound or compounds or any combination | ||||||
10 | thereof in violation of Section 11-501 of the Illinois | ||||||
11 | Vehicle Code or a similar provision of a local ordinance | ||||||
12 | and (ii) the defendant during the commission of the offense | ||||||
13 | was driving his or her vehicle upon a roadway designated | ||||||
14 | for one-way traffic in the opposite direction of the | ||||||
15 | direction indicated by official traffic control devices; | ||||||
16 | or | ||||||
17 | (32) the defendant committed the offense of reckless | ||||||
18 | homicide while committing a violation of Section 11-907 of | ||||||
19 | the Illinois Vehicle Code ; . | ||||||
20 | (33) (32) the defendant was found guilty of an | ||||||
21 | administrative infraction related to an act or acts of | ||||||
22 | public indecency or sexual misconduct in the penal | ||||||
23 | institution. In this paragraph (33) (32) , "penal | ||||||
24 | institution" has the same meaning as in Section 2-14 of the | ||||||
25 | Criminal Code of 2012 ; or . | ||||||
26 | (34) (32) the defendant committed the offense of |
| |||||||
| |||||||
1 | leaving the scene of an accident in violation of subsection | ||||||
2 | (b) of Section 11-401 of the Illinois Vehicle Code and the | ||||||
3 | accident resulted in the death of a person and at the time | ||||||
4 | of the offense, the defendant was: (i) driving under the | ||||||
5 | influence of alcohol, other drug or drugs, intoxicating | ||||||
6 | compound or compounds or any combination thereof as defined | ||||||
7 | by Section 11-501 of the Illinois Vehicle Code; or (ii) | ||||||
8 | operating the motor vehicle while using an electronic | ||||||
9 | communication device as defined in Section 12-610.2 of the | ||||||
10 | Illinois Vehicle Code. | ||||||
11 | For the purposes of this Section:
| ||||||
12 | "School" is defined as a public or private
elementary or | ||||||
13 | secondary school, community college, college, or university.
| ||||||
14 | "Day care center" means a public or private State certified | ||||||
15 | and
licensed day care center as defined in Section 2.09 of the | ||||||
16 | Child Care Act of
1969 that displays a sign in plain view | ||||||
17 | stating that the
property is a day care center.
| ||||||
18 | "Intellectual disability" means significantly subaverage | ||||||
19 | intellectual functioning which exists concurrently
with | ||||||
20 | impairment in adaptive behavior. | ||||||
21 | "Public transportation" means the transportation
or | ||||||
22 | conveyance of persons by means available to the general public, | ||||||
23 | and includes paratransit services. | ||||||
24 | "Traffic control devices" means all signs, signals, | ||||||
25 | markings, and devices that conform to the Illinois Manual on | ||||||
26 | Uniform Traffic Control Devices, placed or erected by authority |
| |||||||
| |||||||
1 | of a public body or official having jurisdiction, for the | ||||||
2 | purpose of regulating, warning, or guiding traffic. | ||||||
3 | (b) The following factors, related to all felonies, may be | ||||||
4 | considered by the court as
reasons to impose an extended term | ||||||
5 | sentence under Section 5-8-2
upon any offender:
| ||||||
6 | (1) When a defendant is convicted of any felony, after | ||||||
7 | having
been previously convicted in Illinois or any other | ||||||
8 | jurisdiction of the
same or similar class felony or greater | ||||||
9 | class felony, when such conviction
has occurred within 10 | ||||||
10 | years after the
previous conviction, excluding time spent | ||||||
11 | in custody, and such charges are
separately brought and | ||||||
12 | tried and arise out of different series of acts; or
| ||||||
13 | (2) When a defendant is convicted of any felony and the | ||||||
14 | court
finds that the offense was accompanied by | ||||||
15 | exceptionally brutal
or heinous behavior indicative of | ||||||
16 | wanton cruelty; or
| ||||||
17 | (3) When a defendant is convicted of any felony | ||||||
18 | committed against:
| ||||||
19 | (i) a person under 12 years of age at the time of | ||||||
20 | the offense or such
person's property;
| ||||||
21 | (ii) a person 60 years of age or older at the time | ||||||
22 | of the offense or
such person's property; or
| ||||||
23 | (iii) a person who had a physical disability at the | ||||||
24 | time of the offense or
such person's property; or
| ||||||
25 | (4) When a defendant is convicted of any felony and the | ||||||
26 | offense
involved any of the following types of specific |
| |||||||
| |||||||
1 | misconduct committed as
part of a ceremony, rite, | ||||||
2 | initiation, observance, performance, practice or
activity | ||||||
3 | of any actual or ostensible religious, fraternal, or social | ||||||
4 | group:
| ||||||
5 | (i) the brutalizing or torturing of humans or | ||||||
6 | animals;
| ||||||
7 | (ii) the theft of human corpses;
| ||||||
8 | (iii) the kidnapping of humans;
| ||||||
9 | (iv) the desecration of any cemetery, religious, | ||||||
10 | fraternal, business,
governmental, educational, or | ||||||
11 | other building or property; or
| ||||||
12 | (v) ritualized abuse of a child; or
| ||||||
13 | (5) When a defendant is convicted of a felony other | ||||||
14 | than conspiracy and
the court finds that
the felony was | ||||||
15 | committed under an agreement with 2 or more other persons
| ||||||
16 | to commit that offense and the defendant, with respect to | ||||||
17 | the other
individuals, occupied a position of organizer, | ||||||
18 | supervisor, financier, or any
other position of management | ||||||
19 | or leadership, and the court further finds that
the felony | ||||||
20 | committed was related to or in furtherance of the criminal
| ||||||
21 | activities of an organized gang or was motivated by the | ||||||
22 | defendant's leadership
in an organized gang; or
| ||||||
23 | (6) When a defendant is convicted of an offense | ||||||
24 | committed while using a firearm with a
laser sight attached | ||||||
25 | to it. For purposes of this paragraph, "laser sight"
has | ||||||
26 | the meaning ascribed to it in Section 26-7 of the Criminal |
| |||||||
| |||||||
1 | Code of
2012; or
| ||||||
2 | (7) When a defendant who was at least 17 years of age | ||||||
3 | at the
time of
the commission of the offense is convicted | ||||||
4 | of a felony and has been previously
adjudicated a | ||||||
5 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
6 | an act
that if committed by an adult would be a Class X or | ||||||
7 | Class 1 felony when the
conviction has occurred within 10 | ||||||
8 | years after the previous adjudication,
excluding time | ||||||
9 | spent in custody; or
| ||||||
10 | (8) When a defendant commits any felony and the | ||||||
11 | defendant used, possessed, exercised control over, or | ||||||
12 | otherwise directed an animal to assault a law enforcement | ||||||
13 | officer engaged in the execution of his or her official | ||||||
14 | duties or in furtherance of the criminal activities of an | ||||||
15 | organized gang in which the defendant is engaged; or
| ||||||
16 | (9) When a defendant commits any felony and the | ||||||
17 | defendant knowingly video or audio records the offense with | ||||||
18 | the intent to disseminate the recording. | ||||||
19 | (c) The following factors may be considered by the court as | ||||||
20 | reasons to impose an extended term sentence under Section 5-8-2 | ||||||
21 | (730 ILCS 5/5-8-2) upon any offender for the listed offenses: | ||||||
22 | (1) When a defendant is convicted of first degree | ||||||
23 | murder, after having been previously convicted in Illinois | ||||||
24 | of any offense listed under paragraph (c)(2) of Section | ||||||
25 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred | ||||||
26 | within 10 years after the previous conviction, excluding |
| |||||||
| |||||||
1 | time spent in custody, and the charges are separately | ||||||
2 | brought and tried and arise out of different series of | ||||||
3 | acts. | ||||||
4 | (1.5) When a defendant is convicted of first degree | ||||||
5 | murder, after having been previously convicted of domestic | ||||||
6 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
7 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
8 | having been previously convicted of violation of an order | ||||||
9 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
10 | was the protected person. | ||||||
11 | (2) When a defendant is convicted of voluntary | ||||||
12 | manslaughter, second degree murder, involuntary | ||||||
13 | manslaughter, or reckless homicide in which the defendant | ||||||
14 | has been convicted of causing the death of more than one | ||||||
15 | individual. | ||||||
16 | (3) When a defendant is convicted of aggravated | ||||||
17 | criminal sexual assault or criminal sexual assault, when | ||||||
18 | there is a finding that aggravated criminal sexual assault | ||||||
19 | or criminal sexual assault was also committed on the same | ||||||
20 | victim by one or more other individuals, and the defendant | ||||||
21 | voluntarily participated in the crime with the knowledge of | ||||||
22 | the participation of the others in the crime, and the | ||||||
23 | commission of the crime was part of a single course of | ||||||
24 | conduct during which there was no substantial change in the | ||||||
25 | nature of the criminal objective. | ||||||
26 | (4) If the victim was under 18 years of age at the time |
| |||||||
| |||||||
1 | of the commission of the offense, when a defendant is | ||||||
2 | convicted of aggravated criminal sexual assault or | ||||||
3 | predatory criminal sexual assault of a child under | ||||||
4 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
5 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
7 | (5) When a defendant is convicted of a felony violation | ||||||
8 | of Section 24-1 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
10 | finding that the defendant is a member of an organized | ||||||
11 | gang. | ||||||
12 | (6) When a defendant was convicted of unlawful use of | ||||||
13 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
15 | a weapon that is not readily distinguishable as one of the | ||||||
16 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
18 | (7) When a defendant is convicted of an offense | ||||||
19 | involving the illegal manufacture of a controlled | ||||||
20 | substance under Section 401 of the Illinois Controlled | ||||||
21 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
22 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
23 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
24 | the illegal possession of explosives and an emergency | ||||||
25 | response officer in the performance of his or her duties is | ||||||
26 | killed or injured at the scene of the offense while |
| |||||||
| |||||||
1 | responding to the emergency caused by the commission of the | ||||||
2 | offense. In this paragraph, "emergency" means a situation | ||||||
3 | in which a person's life, health, or safety is in jeopardy; | ||||||
4 | and "emergency response officer" means a peace officer, | ||||||
5 | community policing volunteer, fireman, emergency medical | ||||||
6 | technician-ambulance, emergency medical | ||||||
7 | technician-intermediate, emergency medical | ||||||
8 | technician-paramedic, ambulance driver, other medical | ||||||
9 | assistance or first aid personnel, or hospital emergency | ||||||
10 | room personnel.
| ||||||
11 | (8) When the defendant is convicted of attempted mob | ||||||
12 | action, solicitation to commit mob action, or conspiracy to | ||||||
13 | commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
14 | Criminal Code of 2012, where the criminal object is a | ||||||
15 | violation of Section 25-1 of the Criminal Code of 2012, and | ||||||
16 | an electronic communication is used in the commission of | ||||||
17 | the offense. For the purposes of this paragraph (8), | ||||||
18 | "electronic communication" shall have the meaning provided | ||||||
19 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
20 | (d) For the purposes of this Section, "organized gang" has | ||||||
21 | the meaning
ascribed to it in Section 10 of the Illinois | ||||||
22 | Streetgang Terrorism Omnibus
Prevention Act.
| ||||||
23 | (e) The court may impose an extended term sentence under | ||||||
24 | Article 4.5 of Chapter V upon an offender who has been | ||||||
25 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
26 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
| |||||||
| |||||||
1 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
2 | when the victim of the offense is under 18 years of age at the | ||||||
3 | time of the commission of the offense and, during the | ||||||
4 | commission of the offense, the victim was under the influence | ||||||
5 | of alcohol, regardless of whether or not the alcohol was | ||||||
6 | supplied by the offender; and the offender, at the time of the | ||||||
7 | commission of the offense, knew or should have known that the | ||||||
8 | victim had consumed alcohol. | ||||||
9 | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; | ||||||
10 | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)
| ||||||
11 | (730 ILCS 5/5-6-4) (from Ch. 38, par. 1005-6-4)
| ||||||
12 | Sec. 5-6-4. Violation, Modification or Revocation of | ||||||
13 | Probation, of
Conditional Discharge or Supervision or of a | ||||||
14 | sentence of county impact
incarceration - Hearing.
| ||||||
15 | (a) Except in cases where
conditional discharge or | ||||||
16 | supervision was imposed for a petty offense as
defined in | ||||||
17 | Section 5-1-17, when a petition is filed charging a violation | ||||||
18 | of
a condition, the court may:
| ||||||
19 | (1) in the case of probation violations, order the | ||||||
20 | issuance of a notice
to the offender to be present by the | ||||||
21 | County Probation Department or such
other agency | ||||||
22 | designated by the court to handle probation matters; and in
| ||||||
23 | the case of conditional discharge or supervision | ||||||
24 | violations, such notice
to the offender shall be issued by | ||||||
25 | the Circuit Court Clerk;
and in the case of a violation of |
| |||||||
| |||||||
1 | a sentence of county impact incarceration,
such notice | ||||||
2 | shall be issued by the Sheriff;
| ||||||
3 | (2) order a summons to the offender to be present for | ||||||
4 | hearing; or
| ||||||
5 | (3) order a warrant for the offender's arrest where | ||||||
6 | there is danger of
his fleeing the jurisdiction or causing | ||||||
7 | serious harm to others or when the
offender fails to answer | ||||||
8 | a summons or notice from the clerk of the court or
Sheriff.
| ||||||
9 | Personal service of the petition for violation of probation | ||||||
10 | or
the issuance of such warrant, summons or notice shall toll | ||||||
11 | the period of
probation, conditional discharge, supervision, | ||||||
12 | or sentence of
county impact incarceration until
the final | ||||||
13 | determination of the charge, and the term of probation,
| ||||||
14 | conditional discharge, supervision, or sentence of county | ||||||
15 | impact
incarceration shall not run until the hearing and
| ||||||
16 | disposition of the petition for violation.
| ||||||
17 | (b) The court shall conduct a hearing of the alleged | ||||||
18 | violation. The
court shall admit the offender to pretrial | ||||||
19 | release bail pending the hearing unless the
alleged violation | ||||||
20 | is itself a criminal offense in which case the
offender shall | ||||||
21 | be admitted to pretrial release bail on such terms as are | ||||||
22 | provided in the
Code of Criminal Procedure of 1963, as amended. | ||||||
23 | In any case where an
offender remains incarcerated only as a | ||||||
24 | result of his alleged violation of
the court's earlier order of | ||||||
25 | probation, supervision, conditional
discharge, or county | ||||||
26 | impact incarceration such hearing shall be held within
14 days |
| |||||||
| |||||||
1 | of the onset of
said incarceration, unless the alleged | ||||||
2 | violation is the commission of
another offense by the offender | ||||||
3 | during the period of probation, supervision
or conditional | ||||||
4 | discharge in which case such hearing shall be held within
the | ||||||
5 | time limits described in Section 103-5 of the Code of Criminal
| ||||||
6 | Procedure of 1963, as amended.
| ||||||
7 | (c) The State has the burden of going forward with the | ||||||
8 | evidence and
proving the violation by the preponderance of the | ||||||
9 | evidence. The evidence
shall be presented in open court with | ||||||
10 | the right of confrontation,
cross-examination, and | ||||||
11 | representation by counsel.
| ||||||
12 | (d) Probation, conditional discharge, periodic | ||||||
13 | imprisonment and
supervision shall not be revoked for failure | ||||||
14 | to comply with conditions
of a sentence or supervision, which | ||||||
15 | imposes financial obligations upon the
offender unless such | ||||||
16 | failure is due to his willful refusal to pay.
| ||||||
17 | (e) If the court finds that the offender has violated a | ||||||
18 | condition at
any time prior to the expiration or termination of | ||||||
19 | the period, it may
continue him on the existing sentence, with | ||||||
20 | or without modifying or
enlarging the conditions, or may impose | ||||||
21 | any other sentence that was
available under Article 4.5 of | ||||||
22 | Chapter V of this Code or Section 11-501 of the Illinois | ||||||
23 | Vehicle Code at the time of initial sentencing.
If the court | ||||||
24 | finds that the person has failed to successfully complete his | ||||||
25 | or
her sentence to a county impact incarceration program, the | ||||||
26 | court may impose any
other sentence that was available under |
| |||||||
| |||||||
1 | Article 4.5 of Chapter V of this Code or Section 11-501 of the | ||||||
2 | Illinois Vehicle Code at the time of initial
sentencing,
except | ||||||
3 | for a sentence of probation or conditional discharge. If the | ||||||
4 | court finds that the offender has violated paragraph (8.6) of | ||||||
5 | subsection (a) of Section 5-6-3, the court shall revoke the | ||||||
6 | probation of the offender. If the court finds that the offender | ||||||
7 | has violated subsection (o) of Section 5-6-3.1, the court shall | ||||||
8 | revoke the supervision of the offender.
| ||||||
9 | (f) The conditions of probation, of conditional discharge, | ||||||
10 | of
supervision, or of a sentence of county impact incarceration | ||||||
11 | may be
modified by the court on motion of the supervising | ||||||
12 | agency or on its own motion or at the request of the offender | ||||||
13 | after
notice and a hearing.
| ||||||
14 | (g) A judgment revoking supervision, probation, | ||||||
15 | conditional
discharge, or a sentence of county impact | ||||||
16 | incarceration is a final
appealable order.
| ||||||
17 | (h) Resentencing after revocation of probation, | ||||||
18 | conditional
discharge, supervision, or a sentence of county | ||||||
19 | impact
incarceration shall be under Article 4. The term on
| ||||||
20 | probation, conditional discharge or supervision shall not be | ||||||
21 | credited by
the court against a sentence of imprisonment or | ||||||
22 | periodic imprisonment
unless the court orders otherwise. The | ||||||
23 | amount of credit to be applied against a sentence of | ||||||
24 | imprisonment or periodic imprisonment when the defendant | ||||||
25 | served a term or partial term of periodic imprisonment shall be | ||||||
26 | calculated upon the basis of the actual days spent in |
| |||||||
| |||||||
1 | confinement rather than the duration of the term.
| ||||||
2 | (i) Instead of filing a violation of probation, conditional | ||||||
3 | discharge,
supervision, or a sentence of county impact | ||||||
4 | incarceration, an agent or
employee of the
supervising agency | ||||||
5 | with the concurrence of his or
her
supervisor may serve on the | ||||||
6 | defendant a Notice of Intermediate Sanctions.
The
Notice shall | ||||||
7 | contain the technical violation or violations involved, the | ||||||
8 | date
or dates of the violation or violations, and the | ||||||
9 | intermediate sanctions to be
imposed. Upon receipt of the | ||||||
10 | Notice, the defendant shall immediately accept or
reject the | ||||||
11 | intermediate sanctions. If the sanctions are accepted, they | ||||||
12 | shall
be imposed immediately. If the intermediate sanctions are | ||||||
13 | rejected or the
defendant does not respond to the Notice, a | ||||||
14 | violation of probation, conditional
discharge, supervision, or | ||||||
15 | a sentence of county impact incarceration
shall be immediately | ||||||
16 | filed with the court. The
State's Attorney and the sentencing | ||||||
17 | court shall be notified of the Notice of
Sanctions. Upon | ||||||
18 | successful completion of the intermediate sanctions, a court
| ||||||
19 | may not revoke probation, conditional discharge, supervision, | ||||||
20 | or a
sentence of county impact incarceration or impose
| ||||||
21 | additional sanctions for the same violation.
A notice of | ||||||
22 | intermediate sanctions may not be issued for any violation of
| ||||||
23 | probation, conditional discharge, supervision, or a sentence | ||||||
24 | of county
impact incarceration which could warrant an
| ||||||
25 | additional, separate felony charge.
The intermediate sanctions | ||||||
26 | shall include a term of home detention as provided
in Article |
| |||||||
| |||||||
1 | 8A of Chapter V of this Code for multiple or repeat violations | ||||||
2 | of
the terms and conditions of a sentence of probation, | ||||||
3 | conditional discharge, or
supervision. | ||||||
4 | (j) When an offender is re-sentenced after revocation of | ||||||
5 | probation that was imposed in combination with a sentence of | ||||||
6 | imprisonment for the same offense, the aggregate of the | ||||||
7 | sentences may not exceed the maximum term authorized under | ||||||
8 | Article 4.5 of Chapter V.
| ||||||
9 | (k)(1) On and after the effective date of this amendatory | ||||||
10 | Act of the 101st General Assembly, this subsection (k) shall | ||||||
11 | apply to arrest warrants in Cook County only. An arrest
warrant | ||||||
12 | issued under paragraph (3) of subsection (a) when the | ||||||
13 | underlying conviction is for the offense of theft, retail | ||||||
14 | theft, or possession of a controlled substance shall
remain | ||||||
15 | active for a period not to exceed 10 years from the date the | ||||||
16 | warrant was issued unless a motion to extend the warrant is | ||||||
17 | filed by the office of the State's Attorney or by, or on behalf | ||||||
18 | of, the agency supervising the wanted person. A motion to
| ||||||
19 | extend the warrant shall be filed within one year before the | ||||||
20 | warrant expiration date
and notice shall be provided to the
| ||||||
21 | office of the sheriff. | ||||||
22 | (2) If a motion to extend a warrant issued under paragraph | ||||||
23 | (3)
of subsection (a) is not filed,
the warrant shall be | ||||||
24 | quashed and recalled as a
matter of law under paragraph (1) of | ||||||
25 | this subsection (k) and
the wanted person's period of | ||||||
26 | probation, conditional
discharge, or supervision shall |
| |||||||
| |||||||
1 | terminate unsatisfactorily as
a matter of law. | ||||||
2 | (Source: P.A. 101-406, eff. 1-1-20 .)
| ||||||
3 | (730 ILCS 5/5-6-4.1) (from Ch. 38, par. 1005-6-4.1) | ||||||
4 | Sec. 5-6-4.1. Violation, Modification or Revocation of
| ||||||
5 | Conditional Discharge or Supervision - Hearing.)
| ||||||
6 | (a) In cases where a defendant was placed upon supervision | ||||||
7 | or conditional
discharge for the commission of a petty offense, | ||||||
8 | upon the oral or written
motion of the State, or on the court's | ||||||
9 | own motion, which charges that a
violation of a condition of | ||||||
10 | that conditional discharge or supervision has
occurred, the | ||||||
11 | court may:
| ||||||
12 | (1) Conduct a hearing instanter if the offender is | ||||||
13 | present in court;
| ||||||
14 | (2) Order the issuance by the court clerk of a notice | ||||||
15 | to the offender
to be present for a hearing for violation;
| ||||||
16 | (3) Order summons to the offender to be present; or
| ||||||
17 | (4) Order a warrant for the offender's arrest.
| ||||||
18 | The oral motion, if the defendant is present, or the | ||||||
19 | issuance of such warrant,
summons or notice shall toll the | ||||||
20 | period of conditional discharge or supervision
until the final | ||||||
21 | determination of the charge, and the term of conditional
| ||||||
22 | discharge or supervision shall not run until the hearing and | ||||||
23 | disposition
of the petition for violation.
| ||||||
24 | (b) The Court shall admit the offender to pretrial release | ||||||
25 | bail pending the hearing.
|
| |||||||
| |||||||
1 | (c) The State has the burden of going forward with the | ||||||
2 | evidence and
proving the violation by the preponderance of the | ||||||
3 | evidence. The evidence
shall be presented in open court with | ||||||
4 | the right of confrontation,
cross-examination, and | ||||||
5 | representation by counsel.
| ||||||
6 | (d) Conditional discharge or supervision shall not be | ||||||
7 | revoked for failure
to comply with the conditions of the | ||||||
8 | discharge or supervision which imposed
financial obligations | ||||||
9 | upon the offender unless such failure is due to his
wilful | ||||||
10 | refusal to pay.
| ||||||
11 | (e) If the court finds that the offender has violated a | ||||||
12 | condition at
any time prior to the expiration or termination of | ||||||
13 | the period, it may
continue him on the existing sentence or | ||||||
14 | supervision with or without modifying
or
enlarging the | ||||||
15 | conditions, or may impose any other sentence that was
available | ||||||
16 | under Article 4.5 of Chapter V
of this Code or Section 11-501 | ||||||
17 | of the Illinois
Vehicle Code at the time of initial sentencing.
| ||||||
18 | (f) The conditions of conditional discharge and of
| ||||||
19 | supervision may be modified by the court on motion of the | ||||||
20 | probation
officer or on its own motion or at the request of the | ||||||
21 | offender after
notice to the defendant and a hearing.
| ||||||
22 | (g) A judgment revoking supervision is a final appealable | ||||||
23 | order.
| ||||||
24 | (h) Resentencing after revocation of conditional
discharge | ||||||
25 | or of supervision shall be under Article 4. Time served on
| ||||||
26 | conditional discharge or supervision shall be credited by
the |
| |||||||
| |||||||
1 | court against a sentence of imprisonment or periodic | ||||||
2 | imprisonment
unless the court orders otherwise.
| ||||||
3 | (Source: P.A. 95-1052, eff. 7-1-09 .)
| ||||||
4 | (730 ILCS 5/5-8A-7)
| ||||||
5 | Sec. 5-8A-7. Domestic violence surveillance program. If | ||||||
6 | the Prisoner Review Board, Department of Corrections, | ||||||
7 | Department of Juvenile Justice, or court (the supervising | ||||||
8 | authority) orders electronic surveillance as a condition of | ||||||
9 | parole, aftercare release, mandatory supervised release, early | ||||||
10 | release, probation, or conditional discharge for a violation of | ||||||
11 | an order of protection or as a condition of pretrial release | ||||||
12 | bail for a person charged with a violation of an order of | ||||||
13 | protection, the supervising authority shall use the best | ||||||
14 | available global positioning technology to track domestic | ||||||
15 | violence offenders. Best available technology must have | ||||||
16 | real-time and interactive capabilities that facilitate the | ||||||
17 | following objectives: (1) immediate notification to the | ||||||
18 | supervising authority of a breach of a court ordered exclusion | ||||||
19 | zone; (2) notification of the breach to the offender; and (3) | ||||||
20 | communication between the supervising authority, law | ||||||
21 | enforcement, and the victim, regarding the breach. The | ||||||
22 | supervising authority may also require that the electronic | ||||||
23 | surveillance ordered under this Section monitor the | ||||||
24 | consumption of alcohol or drugs.
| ||||||
25 | (Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16; |
| |||||||
| |||||||
1 | 100-201, eff. 8-18-17.)
| ||||||
2 | (730 ILCS 5/8-2-1) (from Ch. 38, par. 1008-2-1)
| ||||||
3 | Sec. 8-2-1. Saving Clause.
| ||||||
4 | The repeal of Acts or parts of Acts enumerated in Section | ||||||
5 | 8-5-1 does
not: (1) affect any offense committed, act done, | ||||||
6 | prosecution pending,
penalty, punishment or forfeiture | ||||||
7 | incurred, or rights, powers or remedies
accrued under any law | ||||||
8 | in effect immediately prior to the effective date of
this Code; | ||||||
9 | (2) impair, avoid, or affect any grant or conveyance made or
| ||||||
10 | right acquired or cause of action then existing under any such | ||||||
11 | repealed Act
or amendment thereto; (3) affect or impair the | ||||||
12 | validity of any pretrial release bail or
other bond or other | ||||||
13 | obligation issued or sold and constituting a valid
obligation | ||||||
14 | of the issuing authority immediately prior to the effective | ||||||
15 | date
of this Code; (4) the validity of any contract; or (5) the | ||||||
16 | validity of any
tax levied under any law in effect prior to the | ||||||
17 | effective date of this
Code. The repeal of any validating Act | ||||||
18 | or part thereof shall not avoid the
effect of the validation. | ||||||
19 | No Act repealed by Section 8-5-1 shall repeal any
Act or part | ||||||
20 | thereof which embraces the same or a similar subject matter as
| ||||||
21 | the Act repealed.
| ||||||
22 | (Source: P.A. 78-255.)
| ||||||
23 | Section 10-281. The Unified Code of Corrections is amended | ||||||
24 | by changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1, |
| |||||||
| |||||||
1 | 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 and by adding 5-6-3.8 as | ||||||
2 | follows:
| ||||||
3 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
4 | Sec. 3-6-3. Rules and regulations for sentence credit.
| ||||||
5 | (a)(1) The Department of Corrections shall prescribe rules
| ||||||
6 | and regulations for awarding and revoking sentence credit for | ||||||
7 | persons committed to the Department which shall
be subject to | ||||||
8 | review by the Prisoner Review Board.
| ||||||
9 | (1.5) As otherwise provided by law, sentence credit may be | ||||||
10 | awarded for the following: | ||||||
11 | (A) successful completion of programming while in | ||||||
12 | custody of the Department or while in custody prior to | ||||||
13 | sentencing; | ||||||
14 | (B) compliance with the rules and regulations of the | ||||||
15 | Department; or | ||||||
16 | (C) service to the institution, service to a community, | ||||||
17 | or service to the State. | ||||||
18 | (2) Except as provided in paragraph (4.7) of this | ||||||
19 | subsection (a), the rules and regulations on sentence credit | ||||||
20 | shall provide, with
respect to offenses listed in clause (i), | ||||||
21 | (ii), or (iii) of this paragraph (2) committed on or after June | ||||||
22 | 19, 1998 or with respect to the offense listed in clause (iv) | ||||||
23 | of this paragraph (2) committed on or after June 23, 2005 (the | ||||||
24 | effective date of Public Act 94-71) or with
respect to offense | ||||||
25 | listed in clause (vi)
committed on or after June 1, 2008 (the |
| |||||||
| |||||||
1 | effective date of Public Act 95-625)
or with respect to the | ||||||
2 | offense of being an armed habitual criminal committed on or | ||||||
3 | after August 2, 2005 (the effective date of Public Act 94-398) | ||||||
4 | or with respect to the offenses listed in clause (v) of this | ||||||
5 | paragraph (2) committed on or after August 13, 2007 (the | ||||||
6 | effective date of Public Act 95-134) or with respect to the | ||||||
7 | offense of aggravated domestic battery committed on or after | ||||||
8 | July 23, 2010 (the effective date of Public Act 96-1224) or | ||||||
9 | with respect to the offense of attempt to commit terrorism | ||||||
10 | committed on or after January 1, 2013 (the effective date of | ||||||
11 | Public Act 97-990), the following:
| ||||||
12 | (i) that a prisoner who is serving a term of | ||||||
13 | imprisonment for first
degree murder or for the offense of | ||||||
14 | terrorism shall receive no sentence
credit and shall serve | ||||||
15 | the entire
sentence imposed by the court;
| ||||||
16 | (ii) that a prisoner serving a sentence for attempt to | ||||||
17 | commit terrorism, attempt to commit first
degree murder, | ||||||
18 | solicitation of murder, solicitation of murder for hire,
| ||||||
19 | intentional homicide of an unborn child, predatory | ||||||
20 | criminal sexual assault of a
child, aggravated criminal | ||||||
21 | sexual assault, criminal sexual assault, aggravated
| ||||||
22 | kidnapping, aggravated battery with a firearm as described | ||||||
23 | in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or | ||||||
24 | (e)(4) of Section 12-3.05, heinous battery as described in | ||||||
25 | Section 12-4.1 or subdivision (a)(2) of Section 12-3.05, | ||||||
26 | being an armed habitual criminal, aggravated
battery of a |
| |||||||
| |||||||
1 | senior citizen as described in Section 12-4.6 or | ||||||
2 | subdivision (a)(4) of Section 12-3.05, or aggravated | ||||||
3 | battery of a child as described in Section 12-4.3 or | ||||||
4 | subdivision (b)(1) of Section 12-3.05 shall receive no
more | ||||||
5 | than 4.5 days of sentence credit for each month of his or | ||||||
6 | her sentence
of imprisonment;
| ||||||
7 | (iii) that a prisoner serving a sentence
for home | ||||||
8 | invasion, armed robbery, aggravated vehicular hijacking,
| ||||||
9 | aggravated discharge of a firearm, or armed violence with a | ||||||
10 | category I weapon
or category II weapon, when the court
has | ||||||
11 | made and entered a finding, pursuant to subsection (c-1) of | ||||||
12 | Section 5-4-1
of this Code, that the conduct leading to | ||||||
13 | conviction for the enumerated offense
resulted in great | ||||||
14 | bodily harm to a victim, shall receive no more than 4.5 | ||||||
15 | days
of sentence credit for each month of his or her | ||||||
16 | sentence of imprisonment;
| ||||||
17 | (iv) that a prisoner serving a sentence for aggravated | ||||||
18 | discharge of a firearm, whether or not the conduct leading | ||||||
19 | to conviction for the offense resulted in great bodily harm | ||||||
20 | to the victim, shall receive no more than 4.5 days of | ||||||
21 | sentence credit for each month of his or her sentence of | ||||||
22 | imprisonment;
| ||||||
23 | (v) that a person serving a sentence for gunrunning, | ||||||
24 | narcotics racketeering, controlled substance trafficking, | ||||||
25 | methamphetamine trafficking, drug-induced homicide, | ||||||
26 | aggravated methamphetamine-related child endangerment, |
| |||||||
| |||||||
1 | money laundering pursuant to clause (c) (4) or (5) of | ||||||
2 | Section 29B-1 of the Criminal Code of 1961 or the Criminal | ||||||
3 | Code of 2012, or a Class X felony conviction for delivery | ||||||
4 | of a controlled substance, possession of a controlled | ||||||
5 | substance with intent to manufacture or deliver, | ||||||
6 | calculated criminal drug conspiracy, criminal drug | ||||||
7 | conspiracy, street gang criminal drug conspiracy, | ||||||
8 | participation in methamphetamine manufacturing, aggravated | ||||||
9 | participation in methamphetamine manufacturing, delivery | ||||||
10 | of methamphetamine, possession with intent to deliver | ||||||
11 | methamphetamine, aggravated delivery of methamphetamine, | ||||||
12 | aggravated possession with intent to deliver | ||||||
13 | methamphetamine, methamphetamine conspiracy when the | ||||||
14 | substance containing the controlled substance or | ||||||
15 | methamphetamine is 100 grams or more shall receive no more | ||||||
16 | than 7.5 days sentence credit for each month of his or her | ||||||
17 | sentence of imprisonment;
| ||||||
18 | (vi)
that a prisoner serving a sentence for a second or | ||||||
19 | subsequent offense of luring a minor shall receive no more | ||||||
20 | than 4.5 days of sentence credit for each month of his or | ||||||
21 | her sentence of imprisonment; and
| ||||||
22 | (vii) that a prisoner serving a sentence for aggravated | ||||||
23 | domestic battery shall receive no more than 4.5 days of | ||||||
24 | sentence credit for each month of his or her sentence of | ||||||
25 | imprisonment. | ||||||
26 | (2.1) For all offenses, other than those enumerated in |
| |||||||
| |||||||
1 | subdivision (a)(2)(i), (ii), or (iii)
committed on or after | ||||||
2 | June 19, 1998 or subdivision (a)(2)(iv) committed on or after | ||||||
3 | June 23, 2005 (the effective date of Public Act 94-71) or | ||||||
4 | subdivision (a)(2)(v) committed on or after August 13, 2007 | ||||||
5 | (the effective date of Public Act 95-134)
or subdivision | ||||||
6 | (a)(2)(vi) committed on or after June 1, 2008 (the effective | ||||||
7 | date of Public Act 95-625) or subdivision (a)(2)(vii) committed | ||||||
8 | on or after July 23, 2010 (the effective date of Public Act | ||||||
9 | 96-1224), and other than the offense of aggravated driving | ||||||
10 | under the influence of alcohol, other drug or drugs, or
| ||||||
11 | intoxicating compound or compounds, or any combination thereof | ||||||
12 | as defined in
subparagraph (F) of paragraph (1) of subsection | ||||||
13 | (d) of Section 11-501 of the
Illinois Vehicle Code, and other | ||||||
14 | than the offense of aggravated driving under the influence of | ||||||
15 | alcohol,
other drug or drugs, or intoxicating compound or | ||||||
16 | compounds, or any combination
thereof as defined in | ||||||
17 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
18 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
19 | January 1, 2011 (the effective date of Public Act 96-1230),
the | ||||||
20 | rules and regulations shall
provide that a prisoner who is | ||||||
21 | serving a term of
imprisonment shall receive one day of | ||||||
22 | sentence credit for each day of
his or her sentence of | ||||||
23 | imprisonment or recommitment under Section 3-3-9.
Each day of | ||||||
24 | sentence credit shall reduce by one day the prisoner's period
| ||||||
25 | of imprisonment or recommitment under Section 3-3-9.
| ||||||
26 | (2.2) A prisoner serving a term of natural life |
| |||||||
| |||||||
1 | imprisonment or a
prisoner who has been sentenced to death | ||||||
2 | shall receive no sentence
credit.
| ||||||
3 | (2.3) Except as provided in paragraph (4.7) of this | ||||||
4 | subsection (a), the rules and regulations on sentence credit | ||||||
5 | shall provide that
a prisoner who is serving a sentence for | ||||||
6 | aggravated driving under the influence of alcohol,
other drug | ||||||
7 | or drugs, or intoxicating compound or compounds, or any | ||||||
8 | combination
thereof as defined in subparagraph (F) of paragraph | ||||||
9 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
10 | Code, shall receive no more than 4.5
days of sentence credit | ||||||
11 | for each month of his or her sentence of
imprisonment.
| ||||||
12 | (2.4) Except as provided in paragraph (4.7) of this | ||||||
13 | subsection (a), the rules and regulations on sentence credit | ||||||
14 | shall provide with
respect to the offenses of aggravated | ||||||
15 | battery with a machine gun or a firearm
equipped with any | ||||||
16 | device or attachment designed or used for silencing the
report | ||||||
17 | of a firearm or aggravated discharge of a machine gun or a | ||||||
18 | firearm
equipped with any device or attachment designed or used | ||||||
19 | for silencing the
report of a firearm, committed on or after
| ||||||
20 | July 15, 1999 (the effective date of Public Act 91-121),
that a | ||||||
21 | prisoner serving a sentence for any of these offenses shall | ||||||
22 | receive no
more than 4.5 days of sentence credit for each month | ||||||
23 | of his or her sentence
of imprisonment.
| ||||||
24 | (2.5) Except as provided in paragraph (4.7) of this | ||||||
25 | subsection (a), the rules and regulations on sentence credit | ||||||
26 | shall provide that a
prisoner who is serving a sentence for |
| |||||||
| |||||||
1 | aggravated arson committed on or after
July 27, 2001 (the | ||||||
2 | effective date of Public Act 92-176) shall receive no more than
| ||||||
3 | 4.5 days of sentence credit for each month of his or her | ||||||
4 | sentence of
imprisonment.
| ||||||
5 | (2.6) Except as provided in paragraph (4.7) of this | ||||||
6 | subsection (a), the rules and regulations on sentence credit | ||||||
7 | shall provide that a
prisoner who is serving a sentence for | ||||||
8 | aggravated driving under the influence of alcohol,
other drug | ||||||
9 | or drugs, or intoxicating compound or compounds or any | ||||||
10 | combination
thereof as defined in subparagraph (C) of paragraph | ||||||
11 | (1) of subsection (d) of
Section 11-501 of the Illinois Vehicle | ||||||
12 | Code committed on or after January 1, 2011 (the effective date | ||||||
13 | of Public Act 96-1230) shall receive no more than 4.5
days of | ||||||
14 | sentence credit for each month of his or her sentence of
| ||||||
15 | imprisonment. | ||||||
16 | (3) In addition to the sentence credits earned under | ||||||
17 | paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this | ||||||
18 | subsection (a), the rules and regulations shall also provide | ||||||
19 | that
the Director may award up to 180 days of earned sentence
| ||||||
20 | credit for prisoners serving a sentence of incarceration of | ||||||
21 | less than 5 years, and up to 365 days of earned sentence credit | ||||||
22 | for prisoners serving a sentence of 5 years or longer. The | ||||||
23 | Director may grant this credit for good conduct in specific | ||||||
24 | instances as the
Director deems proper. The good conduct may | ||||||
25 | include, but is not limited to, compliance with the rules and | ||||||
26 | regulations of the Department, service to the Department, |
| |||||||
| |||||||
1 | service to a community, or service to the State.
| ||||||
2 | Eligible inmates for an award of earned sentence credit | ||||||
3 | under
this paragraph (3) may be selected to receive the credit | ||||||
4 | at
the Director's or his or her designee's sole discretion.
| ||||||
5 | Eligibility for the additional earned sentence credit under | ||||||
6 | this paragraph (3) may shall be based on, but is not limited | ||||||
7 | to, participation in programming offered by the department as | ||||||
8 | appropriate for the prisoner based on the results of any | ||||||
9 | available risk/needs assessment or other relevant assessments | ||||||
10 | or evaluations administered by the Department using a validated | ||||||
11 | instrument, the circumstances of the crime, demonstrated | ||||||
12 | commitment to rehabilitation by a prisoner with a any history | ||||||
13 | of conviction for a forcible felony enumerated in Section 2-8 | ||||||
14 | of the Criminal Code of 2012, the inmate's behavior and | ||||||
15 | improvements in disciplinary history while incarcerated, and | ||||||
16 | the inmate's commitment to rehabilitation, including | ||||||
17 | participation in programming offered by the Department. | ||||||
18 | The Director shall not award sentence credit under this | ||||||
19 | paragraph (3) to an inmate unless the inmate has served a | ||||||
20 | minimum of 60 days of the sentence; except nothing in this | ||||||
21 | paragraph shall be construed to permit the Director to extend | ||||||
22 | an inmate's sentence beyond that which was imposed by the | ||||||
23 | court. Prior to awarding credit under this paragraph (3), the | ||||||
24 | Director shall make a written determination that the inmate: | ||||||
25 | (A) is eligible for the earned sentence credit; | ||||||
26 | (B) has served a minimum of 60 days, or as close to 60 |
| |||||||
| |||||||
1 | days as the sentence will allow; | ||||||
2 | (B-1) has received a risk/needs assessment or other | ||||||
3 | relevant evaluation or assessment administered by the | ||||||
4 | Department using a validated instrument; and | ||||||
5 | (C) has met the eligibility criteria established by | ||||||
6 | rule for earned sentence credit. | ||||||
7 | The Director shall determine the form and content of the | ||||||
8 | written determination required in this subsection. | ||||||
9 | (3.5) The Department shall provide annual written reports | ||||||
10 | to the Governor and the General Assembly on the award of earned | ||||||
11 | sentence credit no later than February 1 of each year. The | ||||||
12 | Department must publish both reports on its website within 48 | ||||||
13 | hours of transmitting the reports to the Governor and the | ||||||
14 | General Assembly. The reports must include: | ||||||
15 | (A) the number of inmates awarded earned sentence | ||||||
16 | credit; | ||||||
17 | (B) the average amount of earned sentence credit | ||||||
18 | awarded; | ||||||
19 | (C) the holding offenses of inmates awarded earned | ||||||
20 | sentence credit; and | ||||||
21 | (D) the number of earned sentence credit revocations. | ||||||
22 | (4)(A) Except as provided in paragraph (4.7) of this | ||||||
23 | subsection (a), the rules and regulations shall also provide | ||||||
24 | that any prisoner who the sentence
credit accumulated and | ||||||
25 | retained under paragraph (2.1) of subsection (a) of
this | ||||||
26 | Section by any inmate during specific periods of time in which |
| |||||||
| |||||||
1 | such
inmate is engaged full-time in substance abuse programs, | ||||||
2 | correctional
industry assignments, educational programs, | ||||||
3 | work-release programs or activities in accordance with 730 ILCS | ||||||
4 | 5/3-13-1 et seq., behavior modification programs, life skills | ||||||
5 | courses, or re-entry planning provided by the Department
under | ||||||
6 | this paragraph (4) and satisfactorily completes the assigned | ||||||
7 | program as
determined by the standards of the Department, shall | ||||||
8 | receive [one day] of sentence credit for each day in which that | ||||||
9 | prisoner is engaged in the activities described in this | ||||||
10 | paragraph be multiplied by a factor
of 1.25 for program | ||||||
11 | participation before August 11, 1993
and 1.50 for program | ||||||
12 | participation on or after that date .
The rules and regulations | ||||||
13 | shall also provide that sentence credit , subject to the same | ||||||
14 | offense limits and multiplier provided in this paragraph, may | ||||||
15 | be provided to an inmate who was held in pre-trial detention | ||||||
16 | prior to his or her current commitment to the Department of | ||||||
17 | Corrections and successfully completed a full-time, 60-day or | ||||||
18 | longer substance abuse program, educational program, behavior | ||||||
19 | modification program, life skills course, or re-entry planning | ||||||
20 | provided by the county department of corrections or county | ||||||
21 | jail. Calculation of this county program credit shall be done | ||||||
22 | at sentencing as provided in Section 5-4.5-100 of this Code and | ||||||
23 | shall be included in the sentencing order. The rules and | ||||||
24 | regulations shall also provide that sentence credit may be | ||||||
25 | provided to an inmate who is in compliance with programming | ||||||
26 | requirements in an adult transition center. However, no inmate |
| |||||||
| |||||||
1 | shall be eligible for the additional sentence credit
under this | ||||||
2 | paragraph (4) or (4.1) of this subsection (a) while assigned to | ||||||
3 | a boot camp
or electronic detention.
| ||||||
4 | (B) The Department shall award sentence credit under this | ||||||
5 | paragraph (4) accumulated prior to January 1, 2020 ( the | ||||||
6 | effective date of Public Act 101-440) this amendatory Act of | ||||||
7 | the 101st General Assembly in an amount specified in | ||||||
8 | subparagraph (C) of this paragraph (4) to an inmate serving a | ||||||
9 | sentence for an offense committed prior to June 19, 1998, if | ||||||
10 | the Department determines that the inmate is entitled to this | ||||||
11 | sentence credit, based upon: | ||||||
12 | (i) documentation provided by the Department that the | ||||||
13 | inmate engaged in any full-time substance abuse programs, | ||||||
14 | correctional industry assignments, educational programs, | ||||||
15 | behavior modification programs, life skills courses, or | ||||||
16 | re-entry planning provided by the Department under this | ||||||
17 | paragraph (4) and satisfactorily completed the assigned | ||||||
18 | program as determined by the standards of the Department | ||||||
19 | during the inmate's current term of incarceration; or | ||||||
20 | (ii) the inmate's own testimony in the form of an | ||||||
21 | affidavit or documentation, or a third party's | ||||||
22 | documentation or testimony in the form of an affidavit that | ||||||
23 | the inmate likely engaged in any full-time substance abuse | ||||||
24 | programs, correctional industry assignments, educational | ||||||
25 | programs, behavior modification programs, life skills | ||||||
26 | courses, or re-entry planning provided by the Department |
| |||||||
| |||||||
1 | under paragraph (4) and satisfactorily completed the | ||||||
2 | assigned program as determined by the standards of the | ||||||
3 | Department during the inmate's current term of | ||||||
4 | incarceration. | ||||||
5 | (C) If the inmate can provide documentation that he or she | ||||||
6 | is entitled to sentence credit under subparagraph (B) in excess | ||||||
7 | of 45 days of participation in those programs, the inmate shall | ||||||
8 | receive 90 days of sentence credit. If the inmate cannot | ||||||
9 | provide documentation of more than 45 days of participation in | ||||||
10 | those programs, the inmate shall receive 45 days of sentence | ||||||
11 | credit. In the event of a disagreement between the Department | ||||||
12 | and the inmate as to the amount of credit accumulated under | ||||||
13 | subparagraph (B), if the Department provides documented proof | ||||||
14 | of a lesser amount of days of participation in those programs, | ||||||
15 | that proof shall control. If the Department provides no | ||||||
16 | documentary proof, the inmate's proof as set forth in clause | ||||||
17 | (ii) of subparagraph (B) shall control as to the amount of | ||||||
18 | sentence credit provided. | ||||||
19 | (D) If the inmate has been convicted of a sex offense as | ||||||
20 | defined in Section 2 of the Sex Offender Registration Act, | ||||||
21 | sentencing credits under subparagraph (B) of this paragraph (4) | ||||||
22 | shall be awarded by the Department only if the conditions set | ||||||
23 | forth in paragraph (4.6) of subsection (a) are satisfied. No | ||||||
24 | inmate serving a term of natural life imprisonment shall | ||||||
25 | receive sentence credit under subparagraph (B) of this | ||||||
26 | paragraph (4). |
| |||||||
| |||||||
1 | Educational, vocational, substance abuse, behavior | ||||||
2 | modification programs, life skills courses, re-entry planning, | ||||||
3 | and correctional
industry programs under which sentence credit | ||||||
4 | may be earned increased under
this paragraph (4) and paragraph | ||||||
5 | (4.1) of this subsection (a) shall be evaluated by the | ||||||
6 | Department on the basis of
documented standards. The Department | ||||||
7 | shall report the results of these
evaluations to the Governor | ||||||
8 | and the General Assembly by September 30th of each
year. The | ||||||
9 | reports shall include data relating to the recidivism rate | ||||||
10 | among
program participants.
| ||||||
11 | Availability of these programs shall be subject to the
| ||||||
12 | limits of fiscal resources appropriated by the General Assembly | ||||||
13 | for these
purposes. Eligible inmates who are denied immediate | ||||||
14 | admission shall be
placed on a waiting list under criteria | ||||||
15 | established by the Department. The rules and regulations shall | ||||||
16 | provide that a prisoner who has been placed on a waiting list | ||||||
17 | but is transferred for non-disciplinary reasons before | ||||||
18 | beginning a program shall receive priority placement on the | ||||||
19 | waitlist for appropriate programs at the new facility.
The | ||||||
20 | inability of any inmate to become engaged in any such programs
| ||||||
21 | by reason of insufficient program resources or for any other | ||||||
22 | reason
established under the rules and regulations of the | ||||||
23 | Department shall not be
deemed a cause of action under which | ||||||
24 | the Department or any employee or
agent of the Department shall | ||||||
25 | be liable for damages to the inmate. The rules and regulations | ||||||
26 | shall provide that a prisoner who begins an educational, |
| |||||||
| |||||||
1 | vocational, substance abuse, work-release programs or | ||||||
2 | activities in accordance with 730 ILCS 5/3-13-1 et seq., | ||||||
3 | behavior modification program, life skills course, re-entry | ||||||
4 | planning, or correctional industry programs but is unable to | ||||||
5 | complete the program due to illness, disability, transfer, | ||||||
6 | lockdown, or another reason outside of the prisoner's control | ||||||
7 | shall receive prorated sentence credits for the days in which | ||||||
8 | the prisoner did participate.
| ||||||
9 | (4.1) Except as provided in paragraph (4.7) of this | ||||||
10 | subsection (a), the rules and regulations shall also provide | ||||||
11 | that an additional 90 days of sentence credit shall be awarded | ||||||
12 | to any prisoner who passes high school equivalency testing | ||||||
13 | while the prisoner is committed to the Department of | ||||||
14 | Corrections. The sentence credit awarded under this paragraph | ||||||
15 | (4.1) shall be in addition to, and shall not affect, the award | ||||||
16 | of sentence credit under any other paragraph of this Section, | ||||||
17 | but shall also be pursuant to the guidelines and restrictions | ||||||
18 | set forth in paragraph (4) of subsection (a) of this Section.
| ||||||
19 | The sentence credit provided for in this paragraph shall be | ||||||
20 | available only to those prisoners who have not previously | ||||||
21 | earned a high school diploma or a high school equivalency | ||||||
22 | certificate. If, after an award of the high school equivalency | ||||||
23 | testing sentence credit has been made, the Department | ||||||
24 | determines that the prisoner was not eligible, then the award | ||||||
25 | shall be revoked.
The Department may also award 90 days of | ||||||
26 | sentence credit to any committed person who passed high school |
| |||||||
| |||||||
1 | equivalency testing while he or she was held in pre-trial | ||||||
2 | detention prior to the current commitment to the Department of | ||||||
3 | Corrections. Except as provided in paragraph (4.7) of this | ||||||
4 | subsection (a), the rules and regulations shall provide that an | ||||||
5 | additional 120 days of sentence credit shall be awarded to any | ||||||
6 | prisoner who obtains a associate degree while the prisoner is | ||||||
7 | committed to the Department of Corrections, regardless of the | ||||||
8 | date that the associate degree was obtained, including if prior | ||||||
9 | to the effective date of this amendatory Act of the 101st | ||||||
10 | General Assembly. The sentence credit awarded under this | ||||||
11 | paragraph (4.1) shall be in addition to, and shall not affect, | ||||||
12 | the award of sentence credit under any other paragraph of this | ||||||
13 | Section, but shall also be under the guidelines and | ||||||
14 | restrictions set forth in paragraph (4) of subsection (a) of | ||||||
15 | this Section. The sentence credit provided for in this | ||||||
16 | paragraph (4.1) shall be available only to those prisoners who | ||||||
17 | have not previously earned an associate degree prior to the | ||||||
18 | current commitment to the Department of Corrections. If, after | ||||||
19 | an award of the associate degree sentence credit has been made | ||||||
20 | and the Department determines that the prisoner was not | ||||||
21 | eligible, then the award shall be revoked. The Department may | ||||||
22 | also award 120 days of sentence credit to any committed person | ||||||
23 | who earned an associate degree while he or she was held in | ||||||
24 | pre-trial detention prior to the current commitment to the | ||||||
25 | Department of Corrections. | ||||||
26 | Except as provided in paragraph (4.7) of this subsection |
| |||||||
| |||||||
1 | (a), the rules and regulations shall provide that an additional | ||||||
2 | 180 days of sentence credit shall be awarded to any prisoner | ||||||
3 | who obtains a bachelor's degree while the prisoner is committed | ||||||
4 | to the Department of Corrections. The sentence credit awarded | ||||||
5 | under this paragraph (4.1) shall be in addition to, and shall | ||||||
6 | not affect, the award of sentence credit under any other | ||||||
7 | paragraph of this Section, but shall also be under the | ||||||
8 | guidelines and restrictions set forth in paragraph (4) of this | ||||||
9 | subsection (a). The sentence credit provided for in this | ||||||
10 | paragraph shall be available only to those prisoners who have | ||||||
11 | not earned a bachelor's degree prior to the current commitment | ||||||
12 | to the Department of Corrections. If, after an award of the | ||||||
13 | bachelor's degree sentence credit has been made, the Department | ||||||
14 | determines that the prisoner was not eligible, then the award | ||||||
15 | shall be revoked. The Department may also award 180 days of | ||||||
16 | sentence credit to any committed person who earned a bachelor's | ||||||
17 | degree while he or she was held in pre-trial detention prior to | ||||||
18 | the current commitment to the Department of Corrections. | ||||||
19 | Except as provided in paragraph (4.7) of this subsection | ||||||
20 | (a), the rules and regulations shall provide that an additional | ||||||
21 | 180 days of sentence credit shall be awarded to any prisoner | ||||||
22 | who obtains a master's or professional degree while the | ||||||
23 | prisoner is committed to the Department of Corrections. The | ||||||
24 | sentence credit awarded under this paragraph (4.1) shall be in | ||||||
25 | addition to, and shall not affect, the award of sentence credit | ||||||
26 | under any other paragraph of this Section, but shall also be |
| |||||||
| |||||||
1 | under the guidelines and restrictions set forth in paragraph | ||||||
2 | (4) of this subsection (a). The sentence credit provided for in | ||||||
3 | this paragraph shall be available only to those prisoners who | ||||||
4 | have not previously earned a master's or professional degree | ||||||
5 | prior to the current commitment to the Department of | ||||||
6 | Corrections. If, after an award of the master's or professional | ||||||
7 | degree sentence credit has been made, the Department determines | ||||||
8 | that the prisoner was not eligible, then the award shall be | ||||||
9 | revoked. The Department may also award 180 days of sentence | ||||||
10 | credit to any committed person who earned a master's or | ||||||
11 | professional degree while he or she was held in pre-trial | ||||||
12 | detention prior to the current commitment to the Department of | ||||||
13 | Corrections. | ||||||
14 | (4.2) The rules and regulations shall also provide that any | ||||||
15 | prisoner engaged in self-improvement programs, volunteer work, | ||||||
16 | or work assignments that are not otherwise eligible activities | ||||||
17 | under section (4), shall receive up to 0.5 days of sentence | ||||||
18 | credit for each day in which the prisoner is engaged in | ||||||
19 | activities described in this paragraph. | ||||||
20 | (4.5) The rules and regulations on sentence credit shall | ||||||
21 | also provide that
when the court's sentencing order recommends | ||||||
22 | a prisoner for substance abuse treatment and the
crime was | ||||||
23 | committed on or after September 1, 2003 (the effective date of
| ||||||
24 | Public Act 93-354), the prisoner shall receive no sentence | ||||||
25 | credit awarded under clause (3) of this subsection (a) unless | ||||||
26 | he or she participates in and
completes a substance abuse |
| |||||||
| |||||||
1 | treatment program. The Director may waive the requirement to | ||||||
2 | participate in or complete a substance abuse treatment program | ||||||
3 | in specific instances if the prisoner is not a good candidate | ||||||
4 | for a substance abuse treatment program for medical, | ||||||
5 | programming, or operational reasons. Availability of
substance | ||||||
6 | abuse treatment shall be subject to the limits of fiscal | ||||||
7 | resources
appropriated by the General Assembly for these | ||||||
8 | purposes. If treatment is not
available and the requirement to | ||||||
9 | participate and complete the treatment has not been waived by | ||||||
10 | the Director, the prisoner shall be placed on a waiting list | ||||||
11 | under criteria
established by the Department. The Director may | ||||||
12 | allow a prisoner placed on
a waiting list to participate in and | ||||||
13 | complete a substance abuse education class or attend substance
| ||||||
14 | abuse self-help meetings in lieu of a substance abuse treatment | ||||||
15 | program. A prisoner on a waiting list who is not placed in a | ||||||
16 | substance abuse program prior to release may be eligible for a | ||||||
17 | waiver and receive sentence credit under clause (3) of this | ||||||
18 | subsection (a) at the discretion of the Director.
| ||||||
19 | (4.6) The rules and regulations on sentence credit shall | ||||||
20 | also provide that a prisoner who has been convicted of a sex | ||||||
21 | offense as defined in Section 2 of the Sex Offender | ||||||
22 | Registration Act shall receive no sentence credit unless he or | ||||||
23 | she either has successfully completed or is participating in | ||||||
24 | sex offender treatment as defined by the Sex Offender | ||||||
25 | Management Board. However, prisoners who are waiting to receive | ||||||
26 | treatment, but who are unable to do so due solely to the lack |
| |||||||
| |||||||
1 | of resources on the part of the Department, may, at the | ||||||
2 | Director's sole discretion, be awarded sentence credit at a | ||||||
3 | rate as the Director shall determine. | ||||||
4 | (4.7) On or after January 1, 2018 ( the effective date of | ||||||
5 | Public Act 100-3) this amendatory Act of the 100th General | ||||||
6 | Assembly , sentence credit under paragraph (3), (4), or (4.1) of | ||||||
7 | this subsection (a) may be awarded to a prisoner who is serving | ||||||
8 | a sentence for an offense described in paragraph (2), (2.3), | ||||||
9 | (2.4), (2.5), or (2.6) for credit earned on or after January 1, | ||||||
10 | 2018 ( the effective date of Public Act 100-3) this amendatory | ||||||
11 | Act of the 100th General Assembly ; provided, the award of the | ||||||
12 | credits under this paragraph (4.7) shall not reduce the | ||||||
13 | sentence of the prisoner to less than the following amounts: | ||||||
14 | (i) 85% of his or her sentence if the prisoner is | ||||||
15 | required to serve 85% of his or her sentence; or | ||||||
16 | (ii) 60% of his or her sentence if the prisoner is | ||||||
17 | required to serve 75% of his or her sentence, except if the | ||||||
18 | prisoner is serving a sentence for gunrunning his or her | ||||||
19 | sentence shall not be reduced to less than 75%. | ||||||
20 | (iii) 100% of his or her sentence if the prisoner is | ||||||
21 | required to serve 100% of his or her sentence. | ||||||
22 | (5) Whenever the Department is to release any inmate | ||||||
23 | earlier than it
otherwise would because of a grant of earned | ||||||
24 | sentence credit under paragraph (3) of subsection (a) of this | ||||||
25 | Section given at any time during the term, the Department shall | ||||||
26 | give
reasonable notice of the impending release not less than |
| |||||||
| |||||||
1 | 14 days prior to the date of the release to the State's
| ||||||
2 | Attorney of the county where the prosecution of the inmate took | ||||||
3 | place, and if applicable, the State's Attorney of the county | ||||||
4 | into which the inmate will be released. The Department must | ||||||
5 | also make identification information and a recent photo of the | ||||||
6 | inmate being released accessible on the Internet by means of a | ||||||
7 | hyperlink labeled "Community Notification of Inmate Early | ||||||
8 | Release" on the Department's World Wide Web homepage.
The | ||||||
9 | identification information shall include the inmate's: name, | ||||||
10 | any known alias, date of birth, physical characteristics, | ||||||
11 | commitment offense , and county where conviction was imposed. | ||||||
12 | The identification information shall be placed on the website | ||||||
13 | within 3 days of the inmate's release and the information may | ||||||
14 | not be removed until either: completion of the first year of | ||||||
15 | mandatory supervised release or return of the inmate to custody | ||||||
16 | of the Department.
| ||||||
17 | (b) Whenever a person is or has been committed under
| ||||||
18 | several convictions, with separate sentences, the sentences
| ||||||
19 | shall be construed under Section 5-8-4 in granting and
| ||||||
20 | forfeiting of sentence credit.
| ||||||
21 | (c) (1) The Department shall prescribe rules and | ||||||
22 | regulations
for revoking sentence credit, including revoking | ||||||
23 | sentence credit awarded under paragraph (3) of subsection (a) | ||||||
24 | of this Section. The Department shall prescribe rules and | ||||||
25 | regulations establishing and requiring the use of a sanctions | ||||||
26 | matrix for revoking sentence credit. The Department shall |
| |||||||
| |||||||
1 | prescribe rules and regulations for suspending or reducing
the | ||||||
2 | rate of accumulation of sentence credit for specific
rule | ||||||
3 | violations, during imprisonment. These rules and regulations
| ||||||
4 | shall provide that no inmate may be penalized more than one
| ||||||
5 | year of sentence credit for any one infraction.
| ||||||
6 | (2) When the Department seeks to revoke, suspend , or reduce
| ||||||
7 | the rate of accumulation of any sentence credits for
an alleged | ||||||
8 | infraction of its rules, it shall bring charges
therefor | ||||||
9 | against the prisoner sought to be so deprived of
sentence | ||||||
10 | credits before the Prisoner Review Board as
provided in | ||||||
11 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
12 | amount of credit at issue exceeds 30 days , whether from one | ||||||
13 | infraction or cumulatively from multiple infractions arising | ||||||
14 | out of a single event, or
when , during any 12-month 12 month | ||||||
15 | period, the cumulative amount of
credit revoked exceeds 30 days | ||||||
16 | except where the infraction is committed
or discovered within | ||||||
17 | 60 days of scheduled release. In those cases,
the Department of | ||||||
18 | Corrections may revoke up to 30 days of sentence credit.
The | ||||||
19 | Board may subsequently approve the revocation of additional | ||||||
20 | sentence credit, if the Department seeks to revoke sentence | ||||||
21 | credit in
excess of 30 days. However, the Board shall not be | ||||||
22 | empowered to review the
Department's decision with respect to | ||||||
23 | the loss of 30 days of sentence
credit within any calendar year | ||||||
24 | for any prisoner or to increase any penalty
beyond the length | ||||||
25 | requested by the Department.
| ||||||
26 | (3) The Director of the Department of Corrections, in |
| |||||||
| |||||||
1 | appropriate cases, may
restore up to 30 days of sentence | ||||||
2 | credits which have been revoked, suspended ,
or reduced. The | ||||||
3 | Department shall prescribe rules and regulations governing the | ||||||
4 | restoration of sentence credits. These rules and regulations | ||||||
5 | shall provide for the automatic restoration of sentence credits | ||||||
6 | following a period in which the prisoner maintains a record | ||||||
7 | without a disciplinary violation. Any restoration of sentence | ||||||
8 | credits in excess of 30 days shall
be subject to review by the | ||||||
9 | Prisoner Review Board. However, the Board may not
restore | ||||||
10 | sentence credit in excess of the amount requested by the | ||||||
11 | Director.
| ||||||
12 | Nothing contained in this Section shall prohibit the | ||||||
13 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
14 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
15 | sentence imposed by the court that was not served due to the
| ||||||
16 | accumulation of sentence credit.
| ||||||
17 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
18 | federal court
against the State, the Department of Corrections, | ||||||
19 | or the Prisoner Review Board,
or against any of
their officers | ||||||
20 | or employees, and the court makes a specific finding that a
| ||||||
21 | pleading, motion, or other paper filed by the prisoner is | ||||||
22 | frivolous, the
Department of Corrections shall conduct a | ||||||
23 | hearing to revoke up to
180 days of sentence credit by bringing | ||||||
24 | charges against the prisoner
sought to be deprived of the | ||||||
25 | sentence credits before the Prisoner Review
Board as provided | ||||||
26 | in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the |
| |||||||
| |||||||
1 | prisoner has not accumulated 180 days of sentence credit at the
| ||||||
2 | time of the finding, then the Prisoner Review Board may revoke | ||||||
3 | all
sentence credit accumulated by the prisoner.
| ||||||
4 | For purposes of this subsection (d):
| ||||||
5 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
6 | filing which
purports to be a legal document filed by a | ||||||
7 | prisoner in his or her lawsuit meets
any or all of the | ||||||
8 | following criteria:
| ||||||
9 | (A) it lacks an arguable basis either in law or in | ||||||
10 | fact;
| ||||||
11 | (B) it is being presented for any improper purpose, | ||||||
12 | such as to harass or
to cause unnecessary delay or | ||||||
13 | needless increase in the cost of litigation;
| ||||||
14 | (C) the claims, defenses, and other legal | ||||||
15 | contentions therein are not
warranted by existing law | ||||||
16 | or by a nonfrivolous argument for the extension,
| ||||||
17 | modification, or reversal of existing law or the | ||||||
18 | establishment of new law;
| ||||||
19 | (D) the allegations and other factual contentions | ||||||
20 | do not have
evidentiary
support or, if specifically so | ||||||
21 | identified, are not likely to have evidentiary
support | ||||||
22 | after a reasonable opportunity for further | ||||||
23 | investigation or discovery;
or
| ||||||
24 | (E) the denials of factual contentions are not | ||||||
25 | warranted on the
evidence, or if specifically so | ||||||
26 | identified, are not reasonably based on a lack
of |
| |||||||
| |||||||
1 | information or belief.
| ||||||
2 | (2) "Lawsuit" means a motion pursuant to Section
116-3 | ||||||
3 | of the Code of Criminal Procedure of 1963, a habeas corpus | ||||||
4 | action under
Article X of the Code of Civil Procedure or | ||||||
5 | under federal law (28 U.S.C. 2254),
a petition for claim | ||||||
6 | under the Court of Claims Act, an action under the
federal | ||||||
7 | Civil Rights Act (42 U.S.C. 1983), or a second or | ||||||
8 | subsequent petition for post-conviction relief under | ||||||
9 | Article 122 of the Code of Criminal Procedure of 1963 | ||||||
10 | whether filed with or without leave of court or a second or | ||||||
11 | subsequent petition for relief from judgment under Section | ||||||
12 | 2-1401 of the Code of Civil Procedure.
| ||||||
13 | (e) Nothing in Public Act 90-592 or 90-593 affects the | ||||||
14 | validity of Public Act 89-404.
| ||||||
15 | (f) Whenever the Department is to release any inmate who | ||||||
16 | has been convicted of a violation of an order of protection | ||||||
17 | under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or | ||||||
18 | the Criminal Code of 2012, earlier than it
otherwise would | ||||||
19 | because of a grant of sentence credit, the Department, as a | ||||||
20 | condition of release, shall require that the person, upon | ||||||
21 | release, be placed under electronic surveillance as provided in | ||||||
22 | Section 5-8A-7 of this Code. | ||||||
23 | (Source: P.A. 100-3, eff. 1-1-18; 100-575, eff. 1-8-18; | ||||||
24 | 101-440, eff. 1-1-20; revised 8-19-20.)
| ||||||
25 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
|
| |||||||
| |||||||
1 | Sec. 5-4-1. Sentencing hearing.
| ||||||
2 | (a) Except when the death penalty is
sought under hearing | ||||||
3 | procedures otherwise specified, after a
determination of | ||||||
4 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
5 | prior to the imposition of sentence on an individual being
| ||||||
6 | sentenced for an offense based upon a charge for a violation of | ||||||
7 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
8 | provision of a local
ordinance, the individual must undergo a | ||||||
9 | professional evaluation to
determine if an alcohol or other | ||||||
10 | drug abuse problem exists and the extent
of such a problem. | ||||||
11 | Programs conducting these evaluations shall be
licensed by the | ||||||
12 | Department of Human Services. However, if the individual is
not | ||||||
13 | a resident of Illinois, the court
may, in its discretion, | ||||||
14 | accept an evaluation from a program in the state of
such | ||||||
15 | individual's residence. The court shall make a specific finding | ||||||
16 | about whether the defendant is eligible for participation in a | ||||||
17 | Department impact incarceration program as provided in Section | ||||||
18 | 5-8-1.1 or 5-8-1.3, and if not, provide an explanation as to | ||||||
19 | why a sentence to impact incarceration is not an appropriate | ||||||
20 | sentence. The court may in its sentencing order recommend a | ||||||
21 | defendant for placement in a Department of Corrections | ||||||
22 | substance abuse treatment program as provided in paragraph (a) | ||||||
23 | of subsection (1) of Section 3-2-2 conditioned upon the | ||||||
24 | defendant being accepted in a program by the Department of | ||||||
25 | Corrections. At the
hearing the court
shall:
| ||||||
26 | (1) consider the evidence, if any, received upon the |
| |||||||
| |||||||
1 | trial;
| ||||||
2 | (2) consider any presentence reports;
| ||||||
3 | (3) consider the financial impact of incarceration | ||||||
4 | based on the
financial impact statement filed with the | ||||||
5 | clerk of the court by the
Department of Corrections;
| ||||||
6 | (4) consider evidence and information offered by the | ||||||
7 | parties in
aggravation and mitigation; | ||||||
8 | (4.5) consider substance abuse treatment, eligibility | ||||||
9 | screening, and an assessment, if any, of the defendant by | ||||||
10 | an agent designated by the State of Illinois to provide | ||||||
11 | assessment services for the Illinois courts;
| ||||||
12 | (5) hear arguments as to sentencing alternatives;
| ||||||
13 | (6) afford the defendant the opportunity to make a | ||||||
14 | statement in his
own behalf;
| ||||||
15 | (7) afford the victim of a violent crime or a violation | ||||||
16 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
17 | similar provision of a local
ordinance, the opportunity to | ||||||
18 | present an oral or written statement, as guaranteed by | ||||||
19 | Article I, Section 8.1 of the Illinois Constitution and | ||||||
20 | provided in Section 6 of the Rights of Crime Victims and | ||||||
21 | Witnesses Act. The court shall allow a victim to make an | ||||||
22 | oral statement if the victim is present in the courtroom | ||||||
23 | and requests to make an oral or written statement. An oral | ||||||
24 | or written statement includes the victim or a | ||||||
25 | representative of the victim reading the written | ||||||
26 | statement. The court may allow persons impacted by the |
| |||||||
| |||||||
1 | crime who are not victims under subsection (a) of Section 3 | ||||||
2 | of the Rights of Crime Victims and Witnesses Act to present | ||||||
3 | an oral or written statement. A victim and any person | ||||||
4 | making an oral statement shall not be put under oath or | ||||||
5 | subject to cross-examination. All statements offered under | ||||||
6 | this paragraph
(7) shall become part of the record of the | ||||||
7 | court. In this
paragraph (7), "victim of a violent crime" | ||||||
8 | means a person who is a victim of a violent crime for which | ||||||
9 | the defendant has been convicted after a bench or jury | ||||||
10 | trial or a person who is the victim of a violent crime with | ||||||
11 | which the defendant was charged and the defendant has been | ||||||
12 | convicted under a plea agreement of a crime that is not a | ||||||
13 | violent crime as defined in subsection (c) of 3 of the | ||||||
14 | Rights of Crime Victims and Witnesses Act; | ||||||
15 | (7.5) afford a qualified person affected by: (i) a | ||||||
16 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
17 | Illinois Controlled Substances Act or a violation of | ||||||
18 | Section 55 or Section 65 of the Methamphetamine Control and | ||||||
19 | Community Protection Act; or (ii) a Class 4 felony | ||||||
20 | violation of Section 11-14, 11-14.3 except as described in | ||||||
21 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
22 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
23 | Criminal Code of 2012, committed by the defendant the | ||||||
24 | opportunity to make a statement concerning the impact on | ||||||
25 | the qualified person and to offer evidence in aggravation | ||||||
26 | or mitigation; provided that the statement and evidence |
| |||||||
| |||||||
1 | offered in aggravation or mitigation shall first be | ||||||
2 | prepared in writing in conjunction with the State's | ||||||
3 | Attorney before it may be presented orally at the hearing. | ||||||
4 | Sworn testimony offered by the qualified person is subject | ||||||
5 | to the defendant's right to cross-examine. All statements | ||||||
6 | and evidence offered under this paragraph (7.5) shall | ||||||
7 | become part of the record of the court. In this paragraph | ||||||
8 | (7.5), "qualified person" means any person who: (i) lived | ||||||
9 | or worked within the territorial jurisdiction where the | ||||||
10 | offense took place when the offense took place; or (ii) is | ||||||
11 | familiar with various public places within the territorial | ||||||
12 | jurisdiction where the offense took place when the offense | ||||||
13 | took place. "Qualified person" includes any peace officer | ||||||
14 | or any member of any duly organized State, county, or | ||||||
15 | municipal peace officer unit assigned to the territorial | ||||||
16 | jurisdiction where the offense took place when the offense | ||||||
17 | took place;
| ||||||
18 | (8) in cases of reckless homicide afford the victim's | ||||||
19 | spouse,
guardians, parents or other immediate family | ||||||
20 | members an opportunity to make
oral statements;
| ||||||
21 | (9) in cases involving a felony sex offense as defined | ||||||
22 | under the Sex
Offender
Management Board Act, consider the | ||||||
23 | results of the sex offender evaluation
conducted pursuant | ||||||
24 | to Section 5-3-2 of this Act; and
| ||||||
25 | (10) make a finding of whether a motor vehicle was used | ||||||
26 | in the commission of the offense for which the defendant is |
| |||||||
| |||||||
1 | being sentenced. | ||||||
2 | (b) All sentences shall be imposed by the judge based upon | ||||||
3 | his
independent assessment of the elements specified above and | ||||||
4 | any agreement
as to sentence reached by the parties. The judge | ||||||
5 | who presided at the
trial or the judge who accepted the plea of | ||||||
6 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
7 | as a judge in that court. Where
the judge does not impose | ||||||
8 | sentence at the same time on all defendants
who are convicted | ||||||
9 | as a result of being involved in the same offense, the
| ||||||
10 | defendant or the State's Attorney may advise the sentencing | ||||||
11 | court of the
disposition of any other defendants who have been | ||||||
12 | sentenced.
| ||||||
13 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
14 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
15 | sentence of probation or conditional discharge is an available | ||||||
16 | sentence, if the defendant has no prior sentence of probation | ||||||
17 | or conditional discharge and no prior conviction for a violent | ||||||
18 | crime, the defendant shall not be sentenced to imprisonment | ||||||
19 | before review and consideration of a presentence report and | ||||||
20 | determination and explanation of why the particular evidence, | ||||||
21 | information, factor in aggravation, factual finding, or other | ||||||
22 | reasons support a sentencing determination that one or more of | ||||||
23 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
24 | apply and that probation or conditional discharge is not an | ||||||
25 | appropriate sentence. | ||||||
26 | (c) In imposing a sentence for a violent crime or for an |
| |||||||
| |||||||
1 | offense of
operating or being in physical control of a vehicle | ||||||
2 | while under the
influence of alcohol, any other drug or any | ||||||
3 | combination thereof, or a
similar provision of a local | ||||||
4 | ordinance, when such offense resulted in the
personal injury to | ||||||
5 | someone other than the defendant, the trial judge shall
specify | ||||||
6 | on the record the particular evidence, information, factors in
| ||||||
7 | mitigation and aggravation or other reasons that led to his | ||||||
8 | sentencing
determination. The full verbatim record of the | ||||||
9 | sentencing hearing shall be
filed with the clerk of the court | ||||||
10 | and shall be a public record.
| ||||||
11 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
12 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
13 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
14 | firearm, or armed violence with a category I weapon
or category | ||||||
15 | II weapon,
the trial judge shall make a finding as to whether | ||||||
16 | the conduct leading to
conviction for the offense resulted in | ||||||
17 | great bodily harm to a victim, and
shall enter that finding and | ||||||
18 | the basis for that finding in the record.
| ||||||
19 | (c-2) If the defendant is sentenced to prison, other than | ||||||
20 | when a sentence of
natural life imprisonment or a sentence of | ||||||
21 | death is imposed, at the time
the sentence is imposed the judge | ||||||
22 | shall
state on the record in open court the approximate period | ||||||
23 | of time the defendant
will serve in custody according to the | ||||||
24 | then current statutory rules and
regulations for sentence | ||||||
25 | credit found in Section 3-6-3 and other related
provisions of | ||||||
26 | this Code. This statement is intended solely to inform the
|
| |||||||
| |||||||
1 | public, has no legal effect on the defendant's actual release, | ||||||
2 | and may not be
relied on by the defendant on appeal.
| ||||||
3 | The judge's statement, to be given after pronouncing the | ||||||
4 | sentence, other than
when the sentence is imposed for one of | ||||||
5 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
6 | 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 as | ||||||
11 | applied to this sentence by the Illinois Department of
| ||||||
12 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
13 | case, assuming the defendant
receives all of his or her | ||||||
14 | sentence credit, the period of estimated actual
custody is ... | ||||||
15 | years and ... months, less up to 180 days additional earned | ||||||
16 | sentence credit. If the defendant, because of his or
her own | ||||||
17 | misconduct or failure to comply with the institutional | ||||||
18 | regulations,
does not receive those credits, the actual time | ||||||
19 | served in prison will be
longer. The defendant may also receive | ||||||
20 | an additional one-half day sentence
credit for each day of | ||||||
21 | participation in vocational, industry, substance abuse,
and | ||||||
22 | educational programs as provided for by Illinois statute."
| ||||||
23 | When the sentence is imposed for one of the offenses | ||||||
24 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
25 | first degree murder, and the offense was
committed on or after | ||||||
26 | June 19, 1998, and when the sentence is imposed for
reckless |
| |||||||
| |||||||
1 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
2 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
3 | offense was committed on or after January 1, 1999,
and when the | ||||||
4 | sentence is imposed for aggravated driving under the influence
| ||||||
5 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
6 | compounds, or
any combination thereof as defined in | ||||||
7 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
8 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
9 | imposed for aggravated arson if the offense was committed
on or | ||||||
10 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
11 | and when
the sentence is imposed for aggravated driving under | ||||||
12 | the influence of alcohol,
other drug or drugs, or intoxicating | ||||||
13 | compound or compounds, or any combination
thereof as defined in | ||||||
14 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
15 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
16 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
17 | judge's
statement, to be given after pronouncing the sentence, | ||||||
18 | shall include the
following:
| ||||||
19 | "The purpose of this statement is to inform the public of | ||||||
20 | the actual period
of time this defendant is likely to spend in | ||||||
21 | prison as a result of this
sentence. The actual period of | ||||||
22 | prison time served is determined by the
statutes of Illinois as | ||||||
23 | applied to this sentence by the Illinois Department of
| ||||||
24 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
25 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
26 | sentence credit for
each month of his or her sentence of |
| |||||||
| |||||||
1 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
2 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
3 | days credit for each month of his or her sentence, the period
| ||||||
4 | of estimated actual custody is ... years and ... months. If the | ||||||
5 | defendant,
because of his or her own misconduct or failure to | ||||||
6 | comply with the
institutional regulations receives lesser | ||||||
7 | credit, the actual time served in
prison will be longer."
| ||||||
8 | When a sentence of imprisonment is imposed for first degree | ||||||
9 | murder and
the offense was committed on or after June 19, 1998, | ||||||
10 | the judge's statement,
to be given after pronouncing the | ||||||
11 | sentence, shall include the following:
| ||||||
12 | "The purpose of this statement is to inform the public of | ||||||
13 | the actual period
of time this defendant is likely to spend in | ||||||
14 | prison as a result of this
sentence. The actual period of | ||||||
15 | prison time served is determined by the
statutes of Illinois as | ||||||
16 | applied to this sentence by the Illinois Department
of | ||||||
17 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
18 | case, the
defendant is not entitled to sentence credit. | ||||||
19 | Therefore, this defendant
will serve 100% of his or her | ||||||
20 | sentence."
| ||||||
21 | When the sentencing order recommends placement in a | ||||||
22 | substance abuse program for any offense that results in | ||||||
23 | incarceration
in a Department of Corrections facility and the | ||||||
24 | crime was
committed on or after September 1, 2003 (the | ||||||
25 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
26 | addition to any other judge's statement required under this
|
| |||||||
| |||||||
1 | Section, to be given after pronouncing the sentence, shall | ||||||
2 | include the
following:
| ||||||
3 | "The purpose of this statement is to inform the public of
| ||||||
4 | the actual period of time this defendant is likely to spend in
| ||||||
5 | prison as a result of this sentence. The actual period of
| ||||||
6 | prison time served is determined by the statutes of Illinois as
| ||||||
7 | applied to this sentence by the Illinois Department of
| ||||||
8 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
9 | case, the defendant shall receive no earned sentence credit | ||||||
10 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
11 | she participates in and completes a substance abuse treatment | ||||||
12 | program or receives a waiver from the Director of Corrections | ||||||
13 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
14 | (c-4) Before the sentencing hearing and as part of the | ||||||
15 | presentence investigation under Section 5-3-1, the court shall | ||||||
16 | inquire of the defendant whether the defendant is currently | ||||||
17 | serving in or is a veteran of the Armed Forces of the United | ||||||
18 | States.
If the defendant is currently serving in the Armed | ||||||
19 | Forces of the United States or is a veteran of the Armed Forces | ||||||
20 | of the United States and has been diagnosed as having a mental | ||||||
21 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
22 | physician, the court may: | ||||||
23 | (1) order that the officer preparing the presentence | ||||||
24 | report consult with the United States Department of | ||||||
25 | Veterans Affairs, Illinois Department of Veterans' | ||||||
26 | Affairs, or another agency or person with suitable |
| |||||||
| |||||||
1 | knowledge or experience for the purpose of providing the | ||||||
2 | court with information regarding treatment options | ||||||
3 | available to the defendant, including federal, State, and | ||||||
4 | local programming; and | ||||||
5 | (2) consider the treatment recommendations of any | ||||||
6 | diagnosing or treating mental health professionals | ||||||
7 | together with the treatment options available to the | ||||||
8 | defendant in imposing sentence. | ||||||
9 | For the purposes of this subsection (c-4), "qualified | ||||||
10 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
11 | to practice medicine in all its branches, who has specialized | ||||||
12 | in the diagnosis and treatment of mental and nervous disorders | ||||||
13 | for a period of not less than 5 years. | ||||||
14 | (c-6) In imposing a sentence, the trial judge shall | ||||||
15 | specify, on the record, the particular evidence and other | ||||||
16 | reasons which led to his or her determination that a motor | ||||||
17 | vehicle was used in the commission of the offense. | ||||||
18 | (c-7) In imposing a sentence for a Class 3 or 4 felony, | ||||||
19 | other than a violent crime as defined in Section 3 of the | ||||||
20 | Rights of Crime Victims and Witnesses Act, the court shall | ||||||
21 | determine and indicate in the sentencing order whether the | ||||||
22 | defendant has 4 or more or fewer than 4 months remaining on his | ||||||
23 | or her sentence accounting for time served. | ||||||
24 | (d) When the defendant is committed to the Department of
| ||||||
25 | Corrections, the State's Attorney shall and counsel for the | ||||||
26 | defendant
may file a statement with the clerk of the court to |
| |||||||
| |||||||
1 | be transmitted to
the department, agency or institution to | ||||||
2 | which the defendant is
committed to furnish such department, | ||||||
3 | agency or institution with the
facts and circumstances of the | ||||||
4 | offense for which the person was
committed together with all | ||||||
5 | other factual information accessible to them
in regard to the | ||||||
6 | person prior to his commitment relative to his habits,
| ||||||
7 | associates, disposition and reputation and any other facts and
| ||||||
8 | circumstances which may aid such department, agency or | ||||||
9 | institution
during its custody of such person. The clerk shall | ||||||
10 | within 10 days after
receiving any such statements transmit a | ||||||
11 | copy to such department, agency
or institution and a copy to | ||||||
12 | the other party, provided, however, that
this shall not be | ||||||
13 | cause for delay in conveying the person to the
department, | ||||||
14 | agency or institution to which he has been committed.
| ||||||
15 | (e) The clerk of the court shall transmit to the | ||||||
16 | department,
agency or institution, if any, to which the | ||||||
17 | defendant is committed, the
following:
| ||||||
18 | (1) the sentence imposed;
| ||||||
19 | (2) any statement by the court of the basis for | ||||||
20 | imposing the sentence;
| ||||||
21 | (3) any presentence reports;
| ||||||
22 | (3.5) any sex offender evaluations;
| ||||||
23 | (3.6) any substance abuse treatment eligibility | ||||||
24 | screening and assessment of the defendant by an agent | ||||||
25 | designated by the State of Illinois to provide assessment | ||||||
26 | services for the Illinois courts;
|
| |||||||
| |||||||
1 | (4) the number of days, if any, which the defendant has | ||||||
2 | been in
custody and for which he is entitled to credit | ||||||
3 | against the sentence,
which information shall be provided | ||||||
4 | to the clerk by the sheriff;
| ||||||
5 | (4.1) any finding of great bodily harm made by the | ||||||
6 | court with respect
to an offense enumerated in subsection | ||||||
7 | (c-1);
| ||||||
8 | (5) all statements filed under subsection (d) of this | ||||||
9 | Section;
| ||||||
10 | (6) any medical or mental health records or summaries | ||||||
11 | of the defendant;
| ||||||
12 | (7) the municipality where the arrest of the offender | ||||||
13 | or the commission
of the offense has occurred, where such | ||||||
14 | municipality has a population of
more than 25,000 persons;
| ||||||
15 | (8) all statements made and evidence offered under | ||||||
16 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
17 | (9) all additional matters which the court directs the | ||||||
18 | clerk to
transmit.
| ||||||
19 | (f) In cases in which the court finds that a motor vehicle | ||||||
20 | was used in the commission of the offense for which the | ||||||
21 | defendant is being sentenced, the clerk of the court shall, | ||||||
22 | within 5 days thereafter, forward a report of such conviction | ||||||
23 | to the Secretary of State. | ||||||
24 | (Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19; | ||||||
25 | 101-105, eff. 1-1-20 .)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-4.5-95) | ||||||
2 | Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS. | ||||||
3 | (a) HABITUAL CRIMINALS. | ||||||
4 | (1) Every person who has been twice convicted in any | ||||||
5 | state or federal court of an offense that contains the same | ||||||
6 | elements as an offense now (the date of the offense | ||||||
7 | committed after the 2 prior convictions) classified in | ||||||
8 | Illinois as a Class X felony, criminal sexual assault, | ||||||
9 | aggravated kidnapping, or first degree murder, and who is | ||||||
10 | thereafter convicted of a Class X felony, criminal sexual | ||||||
11 | assault, or first degree murder, committed after the 2 | ||||||
12 | prior convictions, shall be adjudged an habitual criminal. | ||||||
13 | (2) The 2 prior convictions need not have been for the | ||||||
14 | same offense. | ||||||
15 | (3) Any convictions that result from or are connected | ||||||
16 | with the same transaction, or result from offenses | ||||||
17 | committed at the same time, shall be counted for the | ||||||
18 | purposes of this Section as one conviction. | ||||||
19 | (4) This Section does not apply unless each of the | ||||||
20 | following requirements are satisfied: | ||||||
21 | (A) The third offense was committed after July 3, | ||||||
22 | 1980. | ||||||
23 | (B) The third offense was committed within 20 years | ||||||
24 | of the date that judgment was entered on the first | ||||||
25 | conviction; provided, however, that time spent in | ||||||
26 | custody shall not be counted. |
| |||||||
| |||||||
1 | (C) The third offense was committed after | ||||||
2 | conviction on the second offense. | ||||||
3 | (D) The second offense was committed after | ||||||
4 | conviction on the first offense. | ||||||
5 | (E) The first offense was committed when the person | ||||||
6 | was 21 years of age or older. | ||||||
7 | (5) Anyone who , having attained the age of 18 at the | ||||||
8 | time of the third offense, is adjudged an habitual criminal | ||||||
9 | shall be sentenced to a term of natural life imprisonment. | ||||||
10 | (6) A prior conviction shall not be alleged in the | ||||||
11 | indictment, and no evidence or other disclosure of that | ||||||
12 | conviction shall be presented to the court or the jury | ||||||
13 | during the trial of an offense set forth in this Section | ||||||
14 | unless otherwise permitted by the issues properly raised in | ||||||
15 | that trial. After a plea or verdict or finding of guilty | ||||||
16 | and before sentence is imposed, the prosecutor may file | ||||||
17 | with the court a verified written statement signed by the | ||||||
18 | State's Attorney concerning any former conviction of an | ||||||
19 | offense set forth in this Section rendered against the | ||||||
20 | defendant. The court shall then cause the defendant to be | ||||||
21 | brought before it; shall inform the defendant of the | ||||||
22 | allegations of the statement so filed, and of his or her | ||||||
23 | right to a hearing before the court on the issue of that | ||||||
24 | former conviction and of his or her right to counsel at | ||||||
25 | that hearing; and unless the defendant admits such | ||||||
26 | conviction, shall hear and determine the issue, and shall |
| |||||||
| |||||||
1 | make a written finding thereon. If a sentence has | ||||||
2 | previously been imposed, the court may vacate that sentence | ||||||
3 | and impose a new sentence in accordance with this Section. | ||||||
4 | (7) A duly authenticated copy of the record of any | ||||||
5 | alleged former conviction of an offense set forth in this | ||||||
6 | Section shall be prima facie evidence of that former | ||||||
7 | conviction; and a duly authenticated copy of the record of | ||||||
8 | the defendant's final release or discharge from probation | ||||||
9 | granted, or from sentence and parole supervision (if any) | ||||||
10 | imposed pursuant to that former conviction, shall be prima | ||||||
11 | facie evidence of that release or discharge. | ||||||
12 | (8) Any claim that a previous conviction offered by the | ||||||
13 | prosecution is not a former conviction of an offense set | ||||||
14 | forth in this Section because of the existence of any | ||||||
15 | exceptions described in this Section, is waived unless duly | ||||||
16 | raised at the hearing on that conviction, or unless the | ||||||
17 | prosecution's proof shows the existence of the exceptions | ||||||
18 | described in this Section. | ||||||
19 | (9) If the person so convicted shows to the | ||||||
20 | satisfaction of the court before whom that conviction was | ||||||
21 | had that he or she was released from imprisonment, upon | ||||||
22 | either of the sentences upon a pardon granted for the | ||||||
23 | reason that he or she was innocent, that conviction and | ||||||
24 | sentence shall not be considered under this Section.
| ||||||
25 | (b) When a defendant, over the age of 21 years, is | ||||||
26 | convicted of a Class 1 or Class 2 forcible felony , except for |
| |||||||
| |||||||
1 | an offense listed in subsection (c) of this Section, after | ||||||
2 | having twice been convicted in any state or federal court of an | ||||||
3 | offense that contains the same elements as an offense now (the | ||||||
4 | date the Class 1 or Class 2 forcible felony was committed) | ||||||
5 | classified in Illinois as a Class 2 or greater Class forcible | ||||||
6 | felony , except for an offense listed in subsection (c) of this | ||||||
7 | Section, and those charges are separately brought and tried and | ||||||
8 | arise out of different series of acts, that defendant shall be | ||||||
9 | sentenced as a Class X offender. This subsection does not apply | ||||||
10 | unless: | ||||||
11 | (1) the first forcible felony was committed after | ||||||
12 | February 1, 1978 (the effective date of Public Act | ||||||
13 | 80-1099); | ||||||
14 | (2) the second forcible felony was committed after | ||||||
15 | conviction on the first; and | ||||||
16 | (3) the third forcible felony was committed after | ||||||
17 | conviction on the second ; and | ||||||
18 | (4) the first offense was committed when the person was | ||||||
19 | 21 years of age or older . | ||||||
20 | (c) (Blank). Subsection (b) of this Section does not apply | ||||||
21 | to Class 1 or Class 2 felony convictions for a violation of | ||||||
22 | Section 16-1 of the Criminal Code of 2012. | ||||||
23 | A person sentenced as a Class X offender under this | ||||||
24 | subsection (b) is not eligible to apply for treatment as a | ||||||
25 | condition of probation as provided by Section 40-10 of the | ||||||
26 | Substance Use Disorder Act (20 ILCS 301/40-10).
|
| |||||||
| |||||||
1 | (Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759, | ||||||
2 | eff. 1-1-19 .)
| ||||||
3 | (730 ILCS 5/5-4.5-100)
| ||||||
4 | Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT. | ||||||
5 | (a) COMMENCEMENT. A sentence of imprisonment shall | ||||||
6 | commence on the date on which the offender is received by the | ||||||
7 | Department or the institution at which the sentence is to be | ||||||
8 | served. | ||||||
9 | (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set | ||||||
10 | forth in subsection (e), the offender shall be given credit on | ||||||
11 | the determinate sentence or maximum term and the minimum period | ||||||
12 | of imprisonment for the number of days spent in custody as a | ||||||
13 | result of the offense for which the sentence was imposed. The | ||||||
14 | Department shall calculate the credit at the rate specified in | ||||||
15 | Section 3-6-3 (730 ILCS 5/3-6-3). The Except when prohibited by | ||||||
16 | subsection (d), the trial court shall give credit to the | ||||||
17 | defendant for time spent in home detention on the same | ||||||
18 | sentencing terms as incarceration as provided in Section 5-8A-3 | ||||||
19 | (730 ILCS 5/5-8A-3). Home detention for purposes of credit | ||||||
20 | includes restrictions on liberty such as curfews restricting | ||||||
21 | movement for 12 hours or more per day and electronic monitoring | ||||||
22 | that restricts travel or movement. Electronic monitoring is not | ||||||
23 | required for home detention to be considered custodial for | ||||||
24 | purposes of sentencing credit. The trial court may give credit | ||||||
25 | to the defendant for the number of days spent confined for |
| |||||||
| |||||||
1 | psychiatric or substance abuse treatment prior to judgment, if | ||||||
2 | the court finds that the detention or confinement was | ||||||
3 | custodial. | ||||||
4 | (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender | ||||||
5 | arrested on one charge and prosecuted on another charge for | ||||||
6 | conduct that occurred prior to his or her arrest shall be given | ||||||
7 | credit on the determinate sentence or maximum term and the | ||||||
8 | minimum term of imprisonment for time spent in custody under | ||||||
9 | the former charge not credited against another sentence.
| ||||||
10 | (c-5) CREDIT; PROGRAMMING. The trial court shall give the | ||||||
11 | defendant credit for successfully completing county | ||||||
12 | programming while in custody prior to imposition of sentence at | ||||||
13 | the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For the | ||||||
14 | purposes of this subsection, "custody" includes time spent in | ||||||
15 | home detention. | ||||||
16 | (d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender | ||||||
17 | sentenced to a term of imprisonment for an offense listed in | ||||||
18 | paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS | ||||||
19 | 5/5-5-3) or in paragraph (3) of subsection (c-1) of Section | ||||||
20 | 11-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall | ||||||
21 | not receive credit for time spent in home detention prior to | ||||||
22 | judgment.
| ||||||
23 | (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED | ||||||
24 | RELEASE, OR PROBATION. An offender charged with the commission | ||||||
25 | of an offense committed while on parole, mandatory supervised | ||||||
26 | release, or probation shall not be given credit for time spent |
| |||||||
| |||||||
1 | in custody under subsection (b) for that offense for any time | ||||||
2 | spent in custody as a result of a revocation of parole, | ||||||
3 | mandatory supervised release, or probation where such | ||||||
4 | revocation is based on a sentence imposed for a previous | ||||||
5 | conviction, regardless of the facts upon which the revocation | ||||||
6 | of parole, mandatory supervised release, or probation is based, | ||||||
7 | unless both the State and the defendant agree that the time | ||||||
8 | served for a violation of mandatory supervised release, parole, | ||||||
9 | or probation shall be credited towards the sentence for the | ||||||
10 | current offense. | ||||||
11 | (Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12.)
| ||||||
12 | (730 ILCS 5/5-6-3.8 new) | ||||||
13 | Sec. 5-6-3.8. Eligibility for programs restricted by | ||||||
14 | felony background.
Any conviction entered prior to the | ||||||
15 | effective date of this amendatory Act of the 101st General | ||||||
16 | Assembly for: | ||||||
17 | (1) felony possession of a controlled substance, or | ||||||
18 | possession with intent to manufacture or deliver a controlled | ||||||
19 | substance, in a total amount equal to or less than the amounts | ||||||
20 | listed in subsection (a-5) of Section 402 of the Illinois | ||||||
21 | Controlled Substances Act; or | ||||||
22 | (2) felony possession of methamphetamine, or possession | ||||||
23 | with intent to deliver methamphetamine, in an amount less than | ||||||
24 | 3 grams;
or any adjudication of delinquency under the Juvenile | ||||||
25 | Court Act of 1987 for acts that would have constituted those |
| |||||||
| |||||||
1 | felonies if committed by an adult, shall be treated as a Class | ||||||
2 | A misdemeanor for the purposes of evaluating a defendant's | ||||||
3 | eligibility for programs of qualified probation, impact | ||||||
4 | incarceration, or any other diversion, deflection, probation, | ||||||
5 | or other program for which felony background or delinquency | ||||||
6 | background is a factor in determining eligibility. ".
| ||||||
7 | (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
| ||||||
8 | Sec. 5-8-1. Natural life imprisonment; enhancements for | ||||||
9 | use of a firearm; mandatory supervised release terms.
| ||||||
10 | (a) Except as otherwise provided in the statute defining | ||||||
11 | the offense or in Article 4.5 of Chapter V, a
sentence of | ||||||
12 | imprisonment for a felony shall be a determinate sentence set | ||||||
13 | by
the court under this Section, subject to Section 5-4.5-115 | ||||||
14 | of this Code, according to the following limitations:
| ||||||
15 | (1) for first degree murder,
| ||||||
16 | (a) (blank),
| ||||||
17 | (b) if a trier of fact finds beyond a reasonable
| ||||||
18 | doubt that the murder was accompanied by exceptionally
| ||||||
19 | brutal or heinous behavior indicative of wanton | ||||||
20 | cruelty or, except as set forth
in subsection (a)(1)(c) | ||||||
21 | of this Section, that any of the aggravating factors
| ||||||
22 | listed in subsection (b) or (b-5) of Section 9-1 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 are
| ||||||
24 | present, the court may sentence the defendant, subject | ||||||
25 | to Section 5-4.5-105, to a term of natural life
|
| |||||||
| |||||||
1 | imprisonment, or
| ||||||
2 | (c) the court shall sentence the defendant to a | ||||||
3 | term of natural life
imprisonment if the defendant, at | ||||||
4 | the time of the commission of the murder, had attained | ||||||
5 | the age of 18, and
| ||||||
6 | (i) has previously been convicted of first | ||||||
7 | degree murder under
any state or federal law, or
| ||||||
8 | (ii) is found guilty of murdering more
than one | ||||||
9 | victim, or
| ||||||
10 | (iii) is found guilty of murdering a peace | ||||||
11 | officer, fireman, or emergency management worker | ||||||
12 | when
the peace officer, fireman, or emergency | ||||||
13 | management worker was killed in the course of | ||||||
14 | performing his
official duties, or to prevent the | ||||||
15 | peace officer or fireman from
performing his | ||||||
16 | official duties, or in retaliation for the peace | ||||||
17 | officer,
fireman, or emergency management worker | ||||||
18 | from performing his official duties, and the | ||||||
19 | defendant knew or should
have known that the | ||||||
20 | murdered individual was a peace officer, fireman, | ||||||
21 | or emergency management worker, or
| ||||||
22 | (iv) is found guilty of murdering an employee | ||||||
23 | of an institution or
facility of the Department of | ||||||
24 | Corrections, or any similar local
correctional | ||||||
25 | agency, when the employee was killed in the course | ||||||
26 | of
performing his official duties, or to prevent |
| |||||||
| |||||||
1 | the employee from performing
his official duties, | ||||||
2 | or in retaliation for the employee performing his
| ||||||
3 | official duties, or
| ||||||
4 | (v) is found guilty of murdering an emergency | ||||||
5 | medical
technician - ambulance, emergency medical | ||||||
6 | technician - intermediate, emergency
medical | ||||||
7 | technician - paramedic, ambulance driver or other | ||||||
8 | medical assistance or
first aid person while | ||||||
9 | employed by a municipality or other governmental | ||||||
10 | unit
when the person was killed in the course of | ||||||
11 | performing official duties or
to prevent the | ||||||
12 | person from performing official duties or in | ||||||
13 | retaliation
for performing official duties and the | ||||||
14 | defendant knew or should have known
that the | ||||||
15 | murdered individual was an emergency medical | ||||||
16 | technician - ambulance,
emergency medical | ||||||
17 | technician - intermediate, emergency medical
| ||||||
18 | technician - paramedic, ambulance driver, or other | ||||||
19 | medical
assistant or first aid personnel, or
| ||||||
20 | (vi) (blank), or
| ||||||
21 | (vii) is found guilty of first degree murder | ||||||
22 | and the murder was
committed by reason of any | ||||||
23 | person's activity as a community policing | ||||||
24 | volunteer
or to prevent any person from engaging in | ||||||
25 | activity as a community policing
volunteer. For | ||||||
26 | the purpose of this Section, "community policing |
| |||||||
| |||||||
1 | volunteer"
has the meaning ascribed to it in | ||||||
2 | Section 2-3.5 of the Criminal Code of 2012.
| ||||||
3 | For purposes of clause (v), "emergency medical | ||||||
4 | technician - ambulance",
"emergency medical technician - | ||||||
5 | intermediate", "emergency medical technician -
| ||||||
6 | paramedic", have the meanings ascribed to them in the | ||||||
7 | Emergency Medical
Services (EMS) Systems Act.
| ||||||
8 | (d)(i) if the person committed the offense while | ||||||
9 | armed with a
firearm, 15 years shall be added to | ||||||
10 | the term of imprisonment imposed by the
court;
| ||||||
11 | (ii) if, during the commission of the offense, the | ||||||
12 | person
personally discharged a firearm, 20 years shall | ||||||
13 | be added to the term of
imprisonment imposed by the | ||||||
14 | court;
| ||||||
15 | (iii) if, during the commission of the offense, the | ||||||
16 | person
personally discharged a firearm that | ||||||
17 | proximately caused great bodily harm,
permanent | ||||||
18 | disability, permanent disfigurement, or death to | ||||||
19 | another person, 25
years or up to a term of natural | ||||||
20 | life shall be added to the term of
imprisonment imposed | ||||||
21 | by the court.
| ||||||
22 | (2) (blank);
| ||||||
23 | (2.5) for a person who has attained the age of 18 years
| ||||||
24 | at the time of the commission of the offense and
who is | ||||||
25 | convicted under the circumstances described in subdivision | ||||||
26 | (b)(1)(B) of Section 11-1.20 or
paragraph (3) of subsection |
| |||||||
| |||||||
1 | (b) of Section 12-13, subdivision (d)(2) of Section 11-1.30 | ||||||
2 | or paragraph (2) of subsection
(d) of Section 12-14, | ||||||
3 | subdivision (b)(1.2) of Section 11-1.40 or paragraph (1.2) | ||||||
4 | of subsection (b) of
Section 12-14.1, subdivision (b)(2) of | ||||||
5 | Section 11-1.40 or paragraph (2) of subsection (b) of | ||||||
6 | Section 12-14.1
of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012, the sentence shall be a term of | ||||||
8 | natural life
imprisonment.
| ||||||
9 | (b) (Blank).
| ||||||
10 | (c) (Blank).
| ||||||
11 | (d) Subject to
earlier termination under Section 3-3-8, the | ||||||
12 | parole or mandatory
supervised release term shall be written as | ||||||
13 | part of the sentencing order and shall be as follows:
| ||||||
14 | (1) for first degree murder or for the offenses of | ||||||
15 | predatory criminal sexual assault of a child, aggravated | ||||||
16 | criminal sexual assault, and criminal sexual assault if | ||||||
17 | committed on or before December 12, 2005 or a Class X | ||||||
18 | felony except for the offenses of predatory criminal sexual | ||||||
19 | assault of a child, aggravated criminal sexual assault, and | ||||||
20 | criminal sexual assault if committed on or after the | ||||||
21 | effective date of this amendatory Act of the 94th General | ||||||
22 | Assembly and except for the offense of aggravated child | ||||||
23 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
24 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
25 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
26 | if committed on or after January 1, 2009 , 3 years;
|
| |||||||
| |||||||
1 | (1.5) except as provided in paragraph (7) of this | ||||||
2 | subsection (d), for a Class X felony except for the | ||||||
3 | offenses of predatory criminal sexual assault of a child, | ||||||
4 | aggravated criminal sexual assault, and criminal sexual | ||||||
5 | assault if committed on or after December 13, 2005 (the | ||||||
6 | effective date of Public Act 94-715) and except for the | ||||||
7 | offense of aggravated child pornography under Section | ||||||
8 | 11-20.1B.,11-20.3, or 11-20.1 with sentencing under | ||||||
9 | subsection (c-5) of Section 11-20.1 of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012, if committed on or after | ||||||
11 | January 1, 2009, 18 months; | ||||||
12 | (2) except as provided in paragraph (7) of this | ||||||
13 | subsection (d), for a Class 1 felony or a Class 2 felony | ||||||
14 | except for the offense of criminal sexual assault if | ||||||
15 | committed on or after December 13, 2005 ( the effective date | ||||||
16 | of Public Act 94-715) this amendatory Act of the 94th | ||||||
17 | General Assembly and except for the offenses of manufacture | ||||||
18 | and dissemination of child pornography under clauses | ||||||
19 | (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012, if committed on or | ||||||
21 | after January 1, 2009, 12 months 2 years ;
| ||||||
22 | (3) except as provided in paragraph (4), (6), or (7) of | ||||||
23 | this subsection (d), a mandatory supervised release term | ||||||
24 | shall not be imposed for a Class 3 felony or a Class 4 | ||||||
25 | felony; unless: | ||||||
26 | (A) the Prisoner Review Board, based on a validated |
| |||||||
| |||||||
1 | risk and needs assessment, determines it is necessary | ||||||
2 | for an offender to serve a mandatory supervised release | ||||||
3 | term; | ||||||
4 | (B) if the Prisoner Review Board determines a | ||||||
5 | mandatory supervised release term is necessary | ||||||
6 | pursuant to subparagraph (A) of this paragraph (3), the | ||||||
7 | Prisoner Review Board shall specify the maximum number | ||||||
8 | of months of mandatory supervised release the offender | ||||||
9 | may serve, limited to a term of:
(i) 12 months for a | ||||||
10 | Class 3 felony;
and (ii) 12 months for a Class 4 felony | ||||||
11 | for a Class 3 felony or a Class 4 felony, 1 year ;
| ||||||
12 | (4) for defendants who commit the offense of predatory | ||||||
13 | criminal sexual assault of a child, aggravated criminal | ||||||
14 | sexual assault, or criminal sexual assault, on or after the | ||||||
15 | effective date of this amendatory Act of the 94th General | ||||||
16 | Assembly, or who commit the offense of aggravated child | ||||||
17 | pornography under Section 11-20.1B, 11-20.3, or 11-20.1 | ||||||
18 | with sentencing under subsection (c-5) of Section 11-20.1 | ||||||
19 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
20 | manufacture of child pornography, or dissemination of | ||||||
21 | child pornography after January 1, 2009, the term of | ||||||
22 | mandatory supervised release shall range from a minimum of | ||||||
23 | 3 years to a maximum of the natural life of the defendant;
| ||||||
24 | (5) if the victim is under 18 years of age, for a | ||||||
25 | second or subsequent
offense of aggravated criminal sexual | ||||||
26 | abuse or felony criminal sexual abuse,
4 years, at least |
| |||||||
| |||||||
1 | the first 2 years of which the defendant shall serve in an
| ||||||
2 | electronic monitoring or home detention program under | ||||||
3 | Article 8A of Chapter V of this Code;
| ||||||
4 | (6) for a felony domestic battery, aggravated domestic | ||||||
5 | battery, stalking, aggravated stalking, and a felony | ||||||
6 | violation of an order of protection, 4 years ; . | ||||||
7 | (7) for any felony described in paragraph (a)(2)(ii), | ||||||
8 | (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3), | ||||||
9 | (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section 3-6-3 | ||||||
10 | of the Unified Code of Corrections requiring an inmate to | ||||||
11 | serve a minimum of 85% of their court-imposed sentence, | ||||||
12 | except for the offenses of predatory criminal sexual | ||||||
13 | assault of a child, aggravated criminal sexual assault, and | ||||||
14 | criminal sexual assault if committed on or after December | ||||||
15 | 13, 2005 (the effective date of Public Act 94-715) and | ||||||
16 | except for the offense of aggravated child pornography | ||||||
17 | under Section 11-20.1B.,11-20.3, or 11-20.1 with | ||||||
18 | sentencing under subsection (c-5) of Section 11-20.1 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012, if | ||||||
20 | committed on or after January 1, 2009 and except as | ||||||
21 | provided in paragraph (4) or paragraph (6) of this | ||||||
22 | subsection (d), the term of mandatory supervised release | ||||||
23 | shall be as follows: | ||||||
24 | (A) Class X felony, 3 years; | ||||||
25 | (B) Class 1 or Class 2 felonies, 2 years; | ||||||
26 | (C) Class 3 or Class 4 felonies, 1 year. |
| |||||||
| |||||||
1 | (e) (Blank).
| ||||||
2 | (f) (Blank).
| ||||||
3 | (Source: P.A. 100-431, eff. 8-25-17; 100-1182, eff. 6-1-19; | ||||||
4 | 101-288, eff. 1-1-20 .)
| ||||||
5 | (730 ILCS 5/5-8-6) (from Ch. 38, par. 1005-8-6)
| ||||||
6 | Sec. 5-8-6. Place of confinement. | ||||||
7 | (a) Except as otherwise provided in this subsection (a), | ||||||
8 | offenders Offenders sentenced to a term
of imprisonment for a | ||||||
9 | felony shall be committed to the penitentiary
system of the | ||||||
10 | Department of Corrections.
However, such sentence shall
not | ||||||
11 | limit the powers of the Department of Children and Family | ||||||
12 | Services
in relation to any child under the age of one year in | ||||||
13 | the sole custody
of a person so sentenced, nor in relation to | ||||||
14 | any child delivered by a
female so sentenced while she is so | ||||||
15 | confined as a consequence of such
sentence. Except as otherwise | ||||||
16 | provided in this subsection (a), a A person sentenced for a | ||||||
17 | felony may be assigned by the
Department of Corrections to any | ||||||
18 | of its institutions, facilities or
programs. An offender | ||||||
19 | sentenced to a term of imprisonment for a Class 3 or 4 felony, | ||||||
20 | other than a violent crime as defined in Section 3 of the | ||||||
21 | Rights of Crime Victims and Witnesses Act, in which the | ||||||
22 | sentencing order indicates that the offender has less than 4 | ||||||
23 | months remaining on his or her sentence accounting for time | ||||||
24 | served may not be confined in the penitentiary
system of the | ||||||
25 | Department of Corrections but may be assigned to electronic |
| |||||||
| |||||||
1 | home detention under Article 8A of this Chapter V, an adult | ||||||
2 | transition center, or another facility or program within the | ||||||
3 | Department of Corrections.
| ||||||
4 | (b) Offenders sentenced to a term of imprisonment for less | ||||||
5 | than one
year shall be committed to the custody of the sheriff. | ||||||
6 | A person committed to the
Department of Corrections, prior to | ||||||
7 | July 14, 1983, for less than one
year may be assigned by the
| ||||||
8 | Department to any of its institutions, facilities or programs.
| ||||||
9 | (c) All offenders under 18 years of age when sentenced to | ||||||
10 | imprisonment
shall be committed to the Department of Juvenile | ||||||
11 | Justice and the court in its order of commitment shall set a
| ||||||
12 | definite term. The provisions of Section 3-3-3 shall be a part | ||||||
13 | of such
commitment as fully as though written in the order of | ||||||
14 | commitment. The place of confinement for sentences imposed | ||||||
15 | before the effective date of this amendatory Act of the 99th | ||||||
16 | General Assembly are not affected or abated by this amendatory | ||||||
17 | Act of the 99th General Assembly.
| ||||||
18 | (d) No defendant shall be committed to the Department of | ||||||
19 | Corrections
for the recovery of a fine or costs.
| ||||||
20 | (e) When a court sentences a defendant to a term of | ||||||
21 | imprisonment
concurrent with a previous and unexpired sentence | ||||||
22 | of imprisonment
imposed by any district court of the United | ||||||
23 | States, it may commit the
offender to the custody of the | ||||||
24 | Attorney General of the United States.
The Attorney General of | ||||||
25 | the United States, or the authorized
representative of the | ||||||
26 | Attorney General of the United States, shall be
furnished with |
| |||||||
| |||||||
1 | the warrant of commitment from the court imposing
sentence, | ||||||
2 | which warrant of commitment shall provide that, when the
| ||||||
3 | offender is released from federal confinement, whether by | ||||||
4 | parole or by
termination of sentence, the offender shall be | ||||||
5 | transferred by the
Sheriff of the committing county to the | ||||||
6 | Department of
Corrections. The
court shall cause the Department | ||||||
7 | to be notified of such sentence at the
time of commitment and | ||||||
8 | to be provided with copies of all records
regarding the | ||||||
9 | sentence.
| ||||||
10 | (Source: P.A. 99-628, eff. 1-1-17 .)
| ||||||
11 | (730 ILCS 5/5-8A-2) (from Ch. 38, par. 1005-8A-2)
| ||||||
12 | Sec. 5-8A-2. Definitions. As used in this Article:
| ||||||
13 | (A) "Approved electronic monitoring device" means a device | ||||||
14 | approved by
the supervising authority which is primarily | ||||||
15 | intended to record or transmit
information as to the | ||||||
16 | defendant's presence or nonpresence in the home, consumption of | ||||||
17 | alcohol, consumption of drugs, location as determined through | ||||||
18 | GPS, cellular triangulation, Wi-Fi, or other electronic means.
| ||||||
19 | An approved electronic monitoring device may record or | ||||||
20 | transmit: oral or
wire communications or an auditory sound; | ||||||
21 | visual images; or information
regarding the offender's | ||||||
22 | activities while inside the offender's home.
These devices are | ||||||
23 | subject to the required consent as set forth in Section
5-8A-5 | ||||||
24 | of this Article.
| ||||||
25 | An approved electronic monitoring device may be used to |
| |||||||
| |||||||
1 | record a
conversation between the participant and the | ||||||
2 | monitoring device, or the
participant and the person | ||||||
3 | supervising the participant solely for the
purpose of | ||||||
4 | identification and not for the purpose of eavesdropping or
| ||||||
5 | conducting any other illegally intrusive monitoring.
| ||||||
6 | (A-10) "Department" means the Department of Corrections or | ||||||
7 | the Department of Juvenile Justice. | ||||||
8 | (A-20) "Electronic monitoring" means the monitoring of an | ||||||
9 | inmate, person, or offender with an electronic device both | ||||||
10 | within and outside of their home under the terms and conditions | ||||||
11 | established by the supervising authority. | ||||||
12 | (B) "Excluded offenses" means first degree murder, escape, | ||||||
13 | predatory
criminal sexual assault of a child, aggravated | ||||||
14 | criminal sexual assault,
criminal sexual assault, aggravated | ||||||
15 | battery with a firearm as described in Section 12-4.2 or | ||||||
16 | subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section | ||||||
17 | 12-3.05, bringing or
possessing a firearm, ammunition or | ||||||
18 | explosive in a penal institution, any
"Super-X" drug offense or | ||||||
19 | calculated criminal drug conspiracy or streetgang
criminal | ||||||
20 | drug conspiracy, or any predecessor or successor offenses with | ||||||
21 | the
same or substantially the same elements, or any inchoate | ||||||
22 | offenses relating to
the foregoing offenses.
| ||||||
23 | (B-10) "GPS" means a device or system which utilizes the | ||||||
24 | Global Positioning Satellite system for determining the | ||||||
25 | location of a person, inmate or offender. | ||||||
26 | (C) "Home detention" means the confinement of a person |
| |||||||
| |||||||
1 | convicted or
charged with an offense to his or her place of | ||||||
2 | residence under the terms
and conditions established by the | ||||||
3 | supervising authority. Confinement need not be 24 hours per day | ||||||
4 | to qualify as home detention, and significant restrictions on | ||||||
5 | liberty such as 7pm to 7am curfews shall qualify. Home | ||||||
6 | confinement may or may not be accompanied by electronic | ||||||
7 | monitoring, and electronic monitoring is not required for | ||||||
8 | purposes of sentencing credit.
| ||||||
9 | (D) "Participant" means an inmate or offender placed into | ||||||
10 | an
electronic monitoring program.
| ||||||
11 | (E) "Supervising authority" means the Department of | ||||||
12 | Corrections, the Department of Juvenile Justice,
probation | ||||||
13 | department, a Chief Judge's office, pretrial services division | ||||||
14 | or department, sheriff, superintendent of
municipal house of | ||||||
15 | corrections or any other officer or agency charged with
| ||||||
16 | authorizing and supervising electronic monitoring and home | ||||||
17 | detention.
| ||||||
18 | (F) "Super-X drug offense" means a violation of Section | ||||||
19 | 401(a)(1)(B), (C),
or (D); Section 401(a)(2)(B), (C), or (D); | ||||||
20 | Section 401(a)(3)(B), (C), or (D);
or Section 401(a)(7)(B), | ||||||
21 | (C), or (D) of the Illinois Controlled Substances
Act.
| ||||||
22 | (G) "Wi-Fi" or "WiFi" means a device or system which | ||||||
23 | utilizes a wireless local area network for determining the | ||||||
24 | location of a person, inmate or offender. | ||||||
25 | (Source: P.A. 99-797, eff. 8-12-16.)
|
| |||||||
| |||||||
1 | (730 ILCS 5/5-8A-4) (from Ch. 38, par. 1005-8A-4)
| ||||||
2 | Sec. 5-8A-4. Program description. The supervising | ||||||
3 | authority may
promulgate rules that prescribe reasonable | ||||||
4 | guidelines under which an
electronic monitoring and home | ||||||
5 | detention program shall operate. When using electronic | ||||||
6 | monitoring for home detention these rules may shall include
but | ||||||
7 | not be limited to the following:
| ||||||
8 | (A) The participant may be instructed to shall remain | ||||||
9 | within the interior premises or within
the property | ||||||
10 | boundaries of his or her residence at all times during the
| ||||||
11 | hours designated by the supervising authority. Such | ||||||
12 | instances of approved
absences from the home shall may | ||||||
13 | include but are not limited to the following:
| ||||||
14 | (1) working or employment approved by the court or | ||||||
15 | traveling to or from
approved employment;
| ||||||
16 | (2) unemployed and seeking employment approved for | ||||||
17 | the participant by
the court;
| ||||||
18 | (3) undergoing medical, psychiatric, mental health | ||||||
19 | treatment,
counseling, or other treatment programs | ||||||
20 | approved for the participant by
the court;
| ||||||
21 | (4) attending an educational institution or a | ||||||
22 | program approved for the
participant by the court;
| ||||||
23 | (5) attending a regularly scheduled religious | ||||||
24 | service at a place of worship;
| ||||||
25 | (6) participating in community work release or | ||||||
26 | community service
programs approved for the |
| |||||||
| |||||||
1 | participant by the supervising authority; or
| ||||||
2 | (7) for another compelling reason consistent with | ||||||
3 | the public interest,
as approved by the supervising | ||||||
4 | authority. | ||||||
5 | (8) purchasing groceries, food, or other basic | ||||||
6 | necessities.
| ||||||
7 | (A-1) At a minimum, any person ordered to pretrial home | ||||||
8 | confinement with or without electronic monitoring must be | ||||||
9 | provided with open movement spread out over no fewer than | ||||||
10 | two days per week, to participate in basic activities such | ||||||
11 | as those listed in paragraph (A). | ||||||
12 | (B) The participant shall admit any person or agent | ||||||
13 | designated by the
supervising authority into his or her | ||||||
14 | residence at any time for
purposes of verifying the | ||||||
15 | participant's compliance with the conditions of
his or her | ||||||
16 | detention.
| ||||||
17 | (C) The participant shall make the necessary | ||||||
18 | arrangements to allow for
any person or agent designated by | ||||||
19 | the supervising authority to visit
the participant's place | ||||||
20 | of education or employment at any time, based upon
the | ||||||
21 | approval of the educational institution employer or both, | ||||||
22 | for the
purpose of verifying the participant's compliance | ||||||
23 | with the conditions of
his or her detention.
| ||||||
24 | (D) The participant shall acknowledge and participate | ||||||
25 | with the approved
electronic monitoring device as | ||||||
26 | designated by the supervising authority
at any time for the |
| |||||||
| |||||||
1 | purpose of verifying the
participant's compliance with the | ||||||
2 | conditions of his or her detention.
| ||||||
3 | (E) The participant shall maintain the following:
| ||||||
4 | (1) access to a working telephone in the | ||||||
5 | participant's home ;
| ||||||
6 | (2) a monitoring device in the participant's home, | ||||||
7 | or on the
participant's person, or both; and
| ||||||
8 | (3) a monitoring device in the participant's home | ||||||
9 | and on the
participant's person in the absence of a | ||||||
10 | telephone.
| ||||||
11 | (F) The participant shall obtain approval from the | ||||||
12 | supervising authority
before the participant changes | ||||||
13 | residence or the schedule
described in subsection (A) of | ||||||
14 | this Section. Such approval shall not be unreasonably | ||||||
15 | withheld.
| ||||||
16 | (G) The participant shall not commit another crime | ||||||
17 | during the period of
home detention ordered by the Court.
| ||||||
18 | (H) Notice to the participant that violation of the | ||||||
19 | order for home
detention may subject the participant to | ||||||
20 | prosecution for the crime of escape
as described in Section | ||||||
21 | 5-8A-4.1.
| ||||||
22 | (I) The participant shall abide by other conditions as | ||||||
23 | set by the
supervising authority.
| ||||||
24 | (Source: P.A. 99-797, eff. 8-12-16.)
| ||||||
25 | (730 ILCS 5/5-8A-4.1)
|
| |||||||
| |||||||
1 | Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||||||
2 | of the
electronic monitoring or home detention program. | ||||||
3 | (a) A person charged with or convicted of a felony,
or | ||||||
4 | charged with or adjudicated delinquent for an act which, if | ||||||
5 | committed by an adult, would constitute a felony, conditionally | ||||||
6 | released from the supervising authority through an electronic
| ||||||
7 | monitoring or home detention program, who knowingly violates a | ||||||
8 | condition of the
electronic
monitoring or home detention | ||||||
9 | program and remains in violation for at least 48 hours is | ||||||
10 | guilty of a Class 3 felony.
| ||||||
11 | (b) A person charged with or convicted of a misdemeanor,
or | ||||||
12 | charged with or adjudicated delinquent for an act which, if | ||||||
13 | committed by an adult, would constitute a misdemeanor, | ||||||
14 | conditionally released from the supervising authority through | ||||||
15 | an electronic
monitoring or home detention program, who | ||||||
16 | knowingly violates a condition of the
electronic
monitoring or | ||||||
17 | home detention program and remains in violation for at least 48 | ||||||
18 | hours is guilty of a Class B misdemeanor.
| ||||||
19 | (c) A person who violates this Section while armed with a | ||||||
20 | dangerous weapon
is guilty of a Class 1 felony.
| ||||||
21 | (Source: P.A. 99-797, eff. 8-12-16; 100-431, eff. 8-25-17.)
| ||||||
22 | Section 10-285. The Probation and Probation Officers Act is | ||||||
23 | amended by changing Section 18 as follows:
| ||||||
24 | (730 ILCS 110/18) |
| |||||||
| |||||||
1 | Sec. 18. Probation and court services departments | ||||||
2 | considered pretrial services agencies. For the purposes of | ||||||
3 | administering the provisions of Public Act 95-773, known as the | ||||||
4 | Cindy Bischof Law, all probation and court services departments | ||||||
5 | are to be considered pretrial services agencies under the | ||||||
6 | Pretrial Services Act and under the pretrial release bail bond | ||||||
7 | provisions of the Code of Criminal Procedure of 1963.
| ||||||
8 | (Source: P.A. 96-341, eff. 8-11-09.)
| ||||||
9 | Section 10-290. The County Jail Act is amended by changing | ||||||
10 | Section 5 as follows:
| ||||||
11 | (730 ILCS 125/5) (from Ch. 75, par. 105)
| ||||||
12 | Sec. 5. Costs of maintaining prisoners. | ||||||
13 | (a) Except as provided in subsections (b) and (c), all | ||||||
14 | costs of maintaining persons
committed for violations of | ||||||
15 | Illinois law, shall be the responsibility of the
county. Except | ||||||
16 | as provided in subsection (b), all costs of maintaining
persons | ||||||
17 | committed under any ordinance or resolution of a unit of local
| ||||||
18 | government, including medical costs, is the responsibility of | ||||||
19 | the unit of local
government enacting the ordinance or | ||||||
20 | resolution, and arresting the person.
| ||||||
21 | (b) If a person who is serving a term of mandatory | ||||||
22 | supervised release for a felony is incarcerated in a county | ||||||
23 | jail, the
Illinois Department of Corrections shall pay the | ||||||
24 | county in which that jail is
located one-half of the cost of |
| |||||||
| |||||||
1 | incarceration, as calculated by the Governor's Office of | ||||||
2 | Management and Budget and the county's chief financial officer, | ||||||
3 | for each day
that the person remains in the county jail after | ||||||
4 | notice of the
incarceration is given to the Illinois Department | ||||||
5 | of
Corrections by the county, provided that (i) the Illinois
| ||||||
6 | Department of Corrections has issued a warrant for an alleged
| ||||||
7 | violation of mandatory supervised release by the person; (ii)
| ||||||
8 | if the person is incarcerated on a new charge, unrelated to the
| ||||||
9 | offense for which he or she is on mandatory supervised release,
| ||||||
10 | there has been a court hearing at which the conditions of | ||||||
11 | pretrial release have bail has been set on
the new charge; | ||||||
12 | (iii) the county has notified the Illinois
Department of | ||||||
13 | Corrections that the person is incarcerated in
the county jail, | ||||||
14 | which notice shall not be given until the bail
hearing has | ||||||
15 | concluded, if the person is incarcerated on a new
charge; and | ||||||
16 | (iv) the person remains incarcerated in the county
jail for | ||||||
17 | more than 48 hours after the notice has been given to
the | ||||||
18 | Department of Corrections by the county. Calculation of the per | ||||||
19 | diem cost
shall be agreed upon prior to the passage of the | ||||||
20 | annual State budget.
| ||||||
21 | (c) If a person who is serving a term of mandatory
| ||||||
22 | supervised release is incarcerated in a county jail, following
| ||||||
23 | an arrest on a warrant issued by the Illinois Department of
| ||||||
24 | Corrections, solely for violation of a condition of mandatory
| ||||||
25 | supervised release and not on any new charges for a new
| ||||||
26 | offense, then the Illinois Department of Corrections shall pay
|
| |||||||
| |||||||
1 | the medical costs incurred by the county in securing treatment
| ||||||
2 | for that person, for any injury or condition other than one
| ||||||
3 | arising out of or in conjunction with the arrest of the person
| ||||||
4 | or resulting from the conduct of county personnel, while he or
| ||||||
5 | she remains in the county jail on the warrant issued by the
| ||||||
6 | Illinois Department of Corrections.
| ||||||
7 | (Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07 .)
| ||||||
8 | Section 10-295. 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 to | ||||||
14 | 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 behavior | ||||||
17 | allowance; and
(2) a person sentenced for an offense for which | ||||||
18 | the law provides a mandatory
minimum sentence shall not receive | ||||||
19 | any portion of a good behavior allowance
that would reduce the | ||||||
20 | sentence below the mandatory minimum; and (3) a person
| ||||||
21 | sentenced to a county impact incarceration program; and (4) a | ||||||
22 | person who is
convicted of criminal sexual assault under | ||||||
23 | subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of | ||||||
24 | Section 12-13
of the Criminal Code of 1961 or the Criminal Code |
| |||||||
| |||||||
1 | of 2012, criminal sexual abuse, or aggravated criminal
sexual | ||||||
2 | abuse shall receive no good
behavior allowance. The good | ||||||
3 | behavior
allowance provided for in this Section shall not apply | ||||||
4 | to individuals sentenced
for a felony to probation or | ||||||
5 | conditional discharge where a condition of such
probation or | ||||||
6 | conditional discharge is that the individual serve a sentence | ||||||
7 | of
periodic imprisonment or to individuals sentenced under an | ||||||
8 | 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 |
| |||||||
| |||||||
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 shall | ||||||
3 | 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 | Section 10-296. The Veterans and Servicemembers Court
| ||||||
11 | Treatment Act is amended by changing Section 20 as follows:
| ||||||
12 | (730 ILCS 167/20) | ||||||
13 | Sec. 20. Eligibility. Veterans and Servicemembers are | ||||||
14 | eligible for Veterans and
Servicemembers Courts, provided the | ||||||
15 | following:
| ||||||
16 | (a) A defendant, who is eligible for probation based on the | ||||||
17 | nature of the crime convicted of and in consideration of his or | ||||||
18 | her criminal background, if any, may be admitted into a | ||||||
19 | Veterans and Servicemembers Court program
before adjudication | ||||||
20 | only upon the agreement of the defendant and with the approval | ||||||
21 | of the Court.
A defendant may be admitted into a Veterans and | ||||||
22 | Servicemembers Court program post-adjudication only with the | ||||||
23 | approval of the court. | ||||||
24 | (b) A defendant shall be excluded from Veterans and |
| |||||||
| |||||||
1 | Servicemembers Court program if
any of one of the following | ||||||
2 | applies:
| ||||||
3 | (1) The crime is a crime of violence as set forth in | ||||||
4 | clause (3) of this subsection (b). | ||||||
5 | (2) The defendant does not demonstrate a willingness to | ||||||
6 | participate in a treatment
program.
| ||||||
7 | (3) The defendant has been convicted of a crime of | ||||||
8 | violence within the past 10
years excluding incarceration | ||||||
9 | time, including first degree murder,
second degree murder, | ||||||
10 | predatory criminal sexual assault of a child, aggravated | ||||||
11 | criminal
sexual assault, criminal sexual assault, armed | ||||||
12 | robbery, aggravated arson, arson,
aggravated kidnapping | ||||||
13 | and kidnapping, aggravated battery resulting in great | ||||||
14 | bodily harm
or permanent disability, stalking, aggravated | ||||||
15 | stalking, or any offense involving the
discharge of a | ||||||
16 | firearm. | ||||||
17 | (4) (Blank).
| ||||||
18 | (5) (Blank). The crime for which the defendant has been | ||||||
19 | convicted is non-probationable. | ||||||
20 | (6) The sentence imposed on the defendant, whether the | ||||||
21 | result of a plea or a finding of guilt, renders the | ||||||
22 | defendant ineligible for probation.
| ||||||
23 | (Source: P.A. 99-480, eff. 9-9-15; 100-426, eff. 1-1-18 .)
| ||||||
24 | Section 10-297. The Mental Health Court Treatment Act is | ||||||
25 | amended by changing Section 20 as follows:
|
| |||||||
| |||||||
1 | (730 ILCS 168/20) | ||||||
2 | Sec. 20. Eligibility. | ||||||
3 | (a) A defendant, who is eligible for probation based on the | ||||||
4 | nature of the crime convicted of and in consideration of his or | ||||||
5 | her criminal background, if any, may be admitted into a mental | ||||||
6 | health court program only upon the agreement of the defendant | ||||||
7 | and with the approval of the court. | ||||||
8 | (b) A defendant shall be excluded from a mental health | ||||||
9 | court program if any one of the following applies: | ||||||
10 | (1) The crime is a crime of violence as set forth in | ||||||
11 | clause (3) of this subsection (b). | ||||||
12 | (2) The defendant does not demonstrate a willingness to | ||||||
13 | participate in a treatment program. | ||||||
14 | (3) The defendant has been convicted of a crime of | ||||||
15 | violence within the past 10 years excluding incarceration | ||||||
16 | time. As used in this paragraph (3), "crime of violence" | ||||||
17 | means: first degree murder, second degree murder, | ||||||
18 | predatory criminal sexual assault of a child, aggravated | ||||||
19 | criminal sexual assault, criminal sexual assault, armed | ||||||
20 | robbery, aggravated arson, arson, aggravated kidnapping, | ||||||
21 | kidnapping, aggravated battery resulting in great bodily | ||||||
22 | harm or permanent disability, stalking, aggravated | ||||||
23 | stalking, or any offense involving the discharge of a | ||||||
24 | firearm. | ||||||
25 | (4) (Blank). |
| |||||||
| |||||||
1 | (5) (Blank). The crime for which the defendant has been | ||||||
2 | convicted is non-probationable. | ||||||
3 | (6) The sentence imposed on the defendant, whether the | ||||||
4 | result of a plea or a finding of guilt, renders the | ||||||
5 | defendant ineligible for probation.
| ||||||
6 | (c) A defendant charged with prostitution under Section | ||||||
7 | 11-14 of the Criminal Code of 2012 may be admitted into a | ||||||
8 | mental health court program, if available in the jurisdiction | ||||||
9 | and provided that the requirements in subsections (a) and (b) | ||||||
10 | are satisfied. Mental health court programs may include | ||||||
11 | specialized service programs specifically designed to address | ||||||
12 | the trauma associated with prostitution and human trafficking, | ||||||
13 | and may offer those specialized services to defendants admitted | ||||||
14 | to the mental health court program. Judicial circuits | ||||||
15 | establishing these specialized programs shall partner with | ||||||
16 | prostitution and human trafficking advocates, survivors, and | ||||||
17 | service providers in the development of the programs. | ||||||
18 | (Source: P.A. 100-426, eff. 1-1-18 .)
| ||||||
19 | Section 10-300. The Code of Civil Procedure is amended by | ||||||
20 | changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and | ||||||
21 | 21-103 as follows:
| ||||||
22 | (735 ILCS 5/10-106) (from Ch. 110, par. 10-106)
| ||||||
23 | Sec. 10-106. Grant of relief - Penalty. Unless it shall | ||||||
24 | appear from the
complaint itself, or from the
documents thereto |
| |||||||
| |||||||
1 | annexed, that the party can neither be discharged,
admitted to | ||||||
2 | pretrial release bail nor otherwise relieved, the court shall
| ||||||
3 | forthwith award relief by habeas corpus. Any judge empowered to | ||||||
4 | grant relief
by habeas corpus who shall corruptly refuse to | ||||||
5 | grant
the relief when legally applied for in a case where it | ||||||
6 | may lawfully be granted, or
who shall for the purpose of | ||||||
7 | oppression unreasonably delay the granting
of such relief | ||||||
8 | shall, for every such offense, forfeit to the prisoner or
party | ||||||
9 | affected a sum not exceeding $1,000.
| ||||||
10 | (Source: P.A. 83-707.)
| ||||||
11 | (735 ILCS 5/10-125) (from Ch. 110, par. 10-125)
| ||||||
12 | Sec. 10-125. New commitment. In all cases where the | ||||||
13 | imprisonment is
for a criminal, or
supposed criminal matter, if | ||||||
14 | it appears to the court that there
is sufficient legal cause | ||||||
15 | for the commitment of the prisoner, although
such commitment | ||||||
16 | may have been informally made, or without due authority,
or the | ||||||
17 | process may have been executed by a person not duly authorized,
| ||||||
18 | the court shall make a new commitment in proper form, and
| ||||||
19 | direct it to the proper officer, or admit the party to pretrial | ||||||
20 | release bail if the case
is eligible for pretrial release | ||||||
21 | bailable . The court shall also, when necessary, take the
| ||||||
22 | recognizance of all material witnesses against the prisoner, as | ||||||
23 | in other
cases. The recognizances shall be in the form provided | ||||||
24 | by law, and
returned as other recognizances. If any judge shall | ||||||
25 | neglect or refuse to
bind any such prisoner or witness by |
| |||||||
| |||||||
1 | recognizance, or to return a
recognizance when taken as | ||||||
2 | hereinabove stated, he or she shall be guilty of a
Class A | ||||||
3 | misdemeanor in office, and be proceeded against accordingly.
| ||||||
4 | (Source: P.A. 82-280.)
| ||||||
5 | (735 ILCS 5/10-127) (from Ch. 110, par. 10-127)
| ||||||
6 | Sec. 10-127. Grant of habeas corpus. It is not lawful for | ||||||
7 | any court, on a second
order of habeas corpus obtained by such | ||||||
8 | prisoner, to discharge the prisoner,
if he or she is clearly | ||||||
9 | and specifically charged in the warrant of
commitment with a | ||||||
10 | criminal offense; but the court shall,
on the return of such | ||||||
11 | second order, have power only to admit such
prisoner to | ||||||
12 | pretrial release bail where the offense is eligible for | ||||||
13 | pretrial release bailable by law, or remand him or
her to | ||||||
14 | prison where the offense is not eligible for pretrial release | ||||||
15 | bailable , or being eligible for pretrial release bailable , | ||||||
16 | where such
prisoner fails to comply with the terms of pretrial | ||||||
17 | release give the bail required .
| ||||||
18 | (Source: P.A. 82-280.)
| ||||||
19 | (735 ILCS 5/10-135) (from Ch. 110, par. 10-135)
| ||||||
20 | Sec. 10-135. Habeas corpus to testify. The several courts | ||||||
21 | having authority
to grant relief by habeas
corpus, may enter | ||||||
22 | orders, when necessary, to bring before them any
prisoner to | ||||||
23 | testify, or to be surrendered in discharge of pretrial release | ||||||
24 | bail , or for
trial upon any criminal charge lawfully pending in |
| |||||||
| |||||||
1 | the same court or to
testify in a criminal proceeding in | ||||||
2 | another state as provided for by
Section 2 of the "Uniform Act | ||||||
3 | to secure the attendance of witnesses from
within or without a | ||||||
4 | state in criminal proceedings", approved July 23,
1959, as | ||||||
5 | heretofore or hereafter amended; and the order may be directed | ||||||
6 | to any
county in the State, and there be served and returned by | ||||||
7 | any officer
to whom it is directed.
| ||||||
8 | (Source: P.A. 82-280.)
| ||||||
9 | (735 ILCS 5/10-136) (from Ch. 110, par. 10-136)
| ||||||
10 | Sec. 10-136. Prisoner remanded or punished. After a | ||||||
11 | prisoner has given
his or her testimony, or been
surrendered, | ||||||
12 | or his or her pretrial release bail discharged, or he or she | ||||||
13 | has been tried
for the crime with which he or she is charged, | ||||||
14 | he or she shall be returned
to the jail or other place of | ||||||
15 | confinement from which he or she was taken
for that purpose.
If | ||||||
16 | such prisoner is convicted of a crime punishable with death
or | ||||||
17 | imprisonment in the penitentiary, he or she may be punished | ||||||
18 | accordingly; but
in any case where the prisoner has been taken | ||||||
19 | from the
penitentiary, and his or her punishment is by | ||||||
20 | imprisonment, the time of such
imprisonment shall not commence | ||||||
21 | to run until the expiration of the time
of service under any | ||||||
22 | former sentence.
| ||||||
23 | (Source: P.A. 82-280.)
| ||||||
24 | (735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
|
| |||||||
| |||||||
1 | Sec. 21-103. Notice by publication.
| ||||||
2 | (a) Previous notice shall be given of the intended | ||||||
3 | application by
publishing a notice thereof in some newspaper | ||||||
4 | published in the municipality
in which the person resides if | ||||||
5 | the municipality is in a county with a
population under | ||||||
6 | 2,000,000, or if the person does not reside
in a municipality | ||||||
7 | in a county with a population under 2,000,000,
or if no | ||||||
8 | newspaper is published in the municipality or if the person | ||||||
9 | resides
in a county with a population of 2,000,000 or more, | ||||||
10 | then in some newspaper
published in the county where the person | ||||||
11 | resides, or if no newspaper
is published in that county, then | ||||||
12 | in some convenient newspaper published
in this State. The | ||||||
13 | notice shall be inserted for 3 consecutive weeks after filing, | ||||||
14 | the
first insertion to be at least 6 weeks before the return | ||||||
15 | day upon which
the petition is to be heard, and shall be signed | ||||||
16 | by the petitioner or, in
case of a minor, the minor's parent or | ||||||
17 | guardian, and shall set
forth the return day of court on which | ||||||
18 | the petition is to be heard and the
name sought to be assumed.
| ||||||
19 | (b) The publication requirement of subsection (a) shall not | ||||||
20 | be
required in any application for a change of name involving a | ||||||
21 | minor if,
before making judgment under this Article, reasonable | ||||||
22 | notice and opportunity
to be heard is given to any parent whose | ||||||
23 | parental rights have not been
previously terminated and to any | ||||||
24 | person who has physical custody of the
child. If any of these | ||||||
25 | persons are outside this State, notice and
opportunity to be | ||||||
26 | heard shall be given under Section 21-104.
|
| |||||||
| |||||||
1 | (b-3) The publication requirement of subsection (a) shall | ||||||
2 | not be required in any application for a change of name | ||||||
3 | involving a person who has received a judgment for dissolution | ||||||
4 | of marriage or declaration of invalidity of marriage and wishes | ||||||
5 | to change his or her name to resume the use of his or her former | ||||||
6 | or maiden name. | ||||||
7 | (b-5) Upon motion, the court may issue an order directing | ||||||
8 | that the notice and publication requirement be waived for a | ||||||
9 | change of name involving a person who files with the court a | ||||||
10 | written declaration that the person believes that publishing | ||||||
11 | notice of the name change would put the person at risk of | ||||||
12 | physical harm or discrimination. The person must provide | ||||||
13 | evidence to support the claim that publishing notice of the | ||||||
14 | name change would put the person at risk of physical harm or | ||||||
15 | discrimination. | ||||||
16 | (c) The Director of State Police or his or her designee may | ||||||
17 | apply to the
circuit court
for an order directing that the | ||||||
18 | notice and publication requirements of
this Section be waived | ||||||
19 | if the Director or his or her designee certifies that
the name | ||||||
20 | change being sought is intended to protect a witness during and
| ||||||
21 | following a criminal investigation or proceeding.
| ||||||
22 | (c-1) The court may enter a written order waiving the | ||||||
23 | publication requirement of subsection (a) if: | ||||||
24 | (i) the petitioner is 18 years of age or older; and | ||||||
25 | (ii) concurrent with the petition, the petitioner | ||||||
26 | files with the court a statement, verified under oath as |
| |||||||
| |||||||
1 | provided under Section 1-109 of this Code, attesting that | ||||||
2 | the petitioner is or has been a person protected under the | ||||||
3 | Illinois Domestic Violence Act of 1986, the Stalking No | ||||||
4 | Contact Order Act, the Civil No Contact Order Act, Article | ||||||
5 | 112A of the Code of Criminal Procedure of 1963, a condition | ||||||
6 | of pretrial release bail under subsections (b) through (d) | ||||||
7 | of Section 110-10 of the Code of Criminal Procedure of | ||||||
8 | 1963, or a similar provision of a law in another state or | ||||||
9 | jurisdiction. | ||||||
10 | The petitioner may attach to the statement any supporting | ||||||
11 | documents, including relevant court orders. | ||||||
12 | (c-2) If the petitioner files a statement attesting that | ||||||
13 | disclosure of the petitioner's address would put the petitioner | ||||||
14 | or any member of the petitioner's family or household at risk | ||||||
15 | or reveal the confidential address of a shelter for domestic | ||||||
16 | violence victims, that address may be omitted from all | ||||||
17 | documents filed with the court, and the petitioner may | ||||||
18 | designate an alternative address for service. | ||||||
19 | (c-3) Court administrators may allow domestic abuse | ||||||
20 | advocates, rape crisis advocates, and victim advocates to | ||||||
21 | assist petitioners in the preparation of name changes under | ||||||
22 | subsection (c-1). | ||||||
23 | (c-4) If the publication requirements of subsection (a) | ||||||
24 | have been waived, the circuit court shall enter an order | ||||||
25 | impounding the case. | ||||||
26 | (d) The maximum rate charged for publication of a notice |
| |||||||
| |||||||
1 | under this Section may not exceed the lowest classified rate | ||||||
2 | paid by commercial users for comparable space in the newspaper | ||||||
3 | in which the notice appears and shall include all cash | ||||||
4 | discounts, multiple insertion discounts, and similar benefits | ||||||
5 | extended to the newspaper's regular customers. | ||||||
6 | (Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A. | ||||||
7 | 100-565 for the effective date of P.A. 100-520); 100-788, eff. | ||||||
8 | 1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203, | ||||||
9 | eff. 1-1-20 .)
| ||||||
10 | Section 10-305. The Civil No Contact Order Act is amended | ||||||
11 | by changing Section 220 as follows:
| ||||||
12 | (740 ILCS 22/220) | ||||||
13 | Sec. 220. Enforcement of a civil no contact order. | ||||||
14 | (a) Nothing in this Act shall preclude any Illinois court | ||||||
15 | from enforcing a valid protective order issued in another | ||||||
16 | state. | ||||||
17 | (b) Illinois courts may enforce civil no contact orders | ||||||
18 | through both criminal proceedings and civil contempt | ||||||
19 | proceedings, unless the action which is second in time is | ||||||
20 | barred by collateral estoppel or the constitutional | ||||||
21 | prohibition against double jeopardy. | ||||||
22 | (b-1) The court shall not hold a school district or private | ||||||
23 | or non-public school or any of its employees in civil or | ||||||
24 | criminal contempt unless the school district or private or |
| |||||||
| |||||||
1 | non-public school has been allowed to intervene. | ||||||
2 | (b-2) The court may hold the parents, guardian, or legal | ||||||
3 | custodian of a minor respondent in civil or criminal contempt | ||||||
4 | for a violation of any provision of any order entered under | ||||||
5 | this Act for conduct of the minor respondent in violation of | ||||||
6 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
7 | encouraged, or assisted the respondent minor in such conduct. | ||||||
8 | (c) Criminal prosecution. A violation of any civil no | ||||||
9 | contact order, whether issued in a civil or criminal | ||||||
10 | proceeding, shall be enforced by a criminal court when the | ||||||
11 | respondent commits the crime of violation of a civil no contact | ||||||
12 | order pursuant to Section 219 by having knowingly violated: | ||||||
13 | (1) remedies described in Section 213 and included in a | ||||||
14 | civil no contact order; or | ||||||
15 | (2) a provision of an order, which is substantially | ||||||
16 | similar to provisions of Section 213, in a valid civil no | ||||||
17 | contact order which is authorized under the laws of another | ||||||
18 | state, tribe, or United States territory. | ||||||
19 | Prosecution for a violation of a civil no contact order | ||||||
20 | shall not bar a concurrent prosecution for any other crime, | ||||||
21 | including any crime that may have been committed at the time of | ||||||
22 | the violation of the civil no contact order. | ||||||
23 | (d) Contempt of court. A violation of any valid Illinois | ||||||
24 | civil no contact order, whether issued in a civil or criminal | ||||||
25 | proceeding, may be enforced through civil or criminal contempt | ||||||
26 | procedures, as appropriate, by any court with jurisdiction, |
| |||||||
| |||||||
1 | regardless of where the act or acts which violated the civil no | ||||||
2 | contact order were committed, to the extent consistent with the | ||||||
3 | venue provisions of this Act. | ||||||
4 | (1) In a contempt proceeding where the petition for a | ||||||
5 | rule to show cause or petition for adjudication of criminal | ||||||
6 | contempt sets forth facts evidencing an immediate danger | ||||||
7 | that the respondent will flee the jurisdiction or inflict | ||||||
8 | physical abuse on the petitioner or minor children or on | ||||||
9 | dependent adults in the petitioner's care, the court may | ||||||
10 | order the attachment of the respondent without prior | ||||||
11 | service of the petition for a rule to show cause, the rule | ||||||
12 | to show cause, the petition for adjudication of criminal | ||||||
13 | contempt or the adjudication of criminal contempt. | ||||||
14 | Conditions of release Bond shall be set unless specifically | ||||||
15 | denied in writing. | ||||||
16 | (2) A petition for a rule to show cause or a petition | ||||||
17 | for adjudication of criminal contempt for violation of a | ||||||
18 | civil no contact order shall be treated as an expedited | ||||||
19 | proceeding. | ||||||
20 | (e) Actual knowledge. A civil no contact order may be | ||||||
21 | enforced pursuant to this Section if the respondent violates | ||||||
22 | the order after the respondent has actual knowledge of its | ||||||
23 | contents as shown through one of the following means: | ||||||
24 | (1) by service, delivery, or notice under Section 208; | ||||||
25 | (2) by notice under Section 218; | ||||||
26 | (3) by service of a civil no contact order under |
| |||||||
| |||||||
1 | Section 218; or | ||||||
2 | (4) by other means demonstrating actual knowledge of | ||||||
3 | the contents of the order. | ||||||
4 | (f) The enforcement of a civil no contact order in civil or | ||||||
5 | criminal court shall not be affected by either of the | ||||||
6 | following: | ||||||
7 | (1) the existence of a separate, correlative order, | ||||||
8 | entered under Section 202; or | ||||||
9 | (2) any finding or order entered in a conjoined | ||||||
10 | criminal proceeding. | ||||||
11 | (g) Circumstances. The court, when determining whether or | ||||||
12 | not a violation of a civil no contact order has occurred, shall | ||||||
13 | not require physical manifestations of abuse on the person of | ||||||
14 | the victim. | ||||||
15 | (h) Penalties. | ||||||
16 | (1) Except as provided in paragraph (3) of this | ||||||
17 | subsection, where the court finds the commission of a crime | ||||||
18 | or contempt of court under subsection (a) or (b) of this | ||||||
19 | Section, the penalty shall be the penalty that generally | ||||||
20 | applies in such criminal or contempt proceedings, and may | ||||||
21 | include one or more of the following: incarceration, | ||||||
22 | payment of restitution, a fine, payment of attorneys' fees | ||||||
23 | and costs, or community service. | ||||||
24 | (2) The court shall hear and take into account evidence | ||||||
25 | of any factors in aggravation or mitigation before deciding | ||||||
26 | an appropriate penalty under paragraph (1) of this |
| |||||||
| |||||||
1 | subsection. | ||||||
2 | (3) To the extent permitted by law, the court is | ||||||
3 | encouraged to: | ||||||
4 | (i) increase the penalty for the knowing violation | ||||||
5 | of any civil no contact order over any penalty | ||||||
6 | previously imposed by any court for respondent's | ||||||
7 | violation of any civil no contact order or penal | ||||||
8 | statute involving petitioner as victim and respondent | ||||||
9 | as defendant; | ||||||
10 | (ii) impose a minimum penalty of 24 hours | ||||||
11 | imprisonment for respondent's first violation of any | ||||||
12 | civil no contact order; and | ||||||
13 | (iii) impose a minimum penalty of 48 hours | ||||||
14 | imprisonment for respondent's second or subsequent | ||||||
15 | violation of a civil no contact order unless the court | ||||||
16 | explicitly finds that an increased penalty or that | ||||||
17 | period of imprisonment would be manifestly unjust. | ||||||
18 | (4) In addition to any other penalties imposed for a | ||||||
19 | violation of a civil no contact order, a criminal court may | ||||||
20 | consider evidence of any previous violations of a civil no | ||||||
21 | contact order: | ||||||
22 | (i) to increase, revoke or modify the conditions of | ||||||
23 | pretrial release bail bond on an underlying criminal | ||||||
24 | charge pursuant to Section 110-6 of the Code of | ||||||
25 | Criminal Procedure of 1963; | ||||||
26 | (ii) to revoke or modify an order of probation, |
| |||||||
| |||||||
1 | conditional discharge or supervision, pursuant to | ||||||
2 | Section 5-6-4 of the Unified Code of Corrections; or | ||||||
3 | (iii) to revoke or modify a sentence of periodic | ||||||
4 | imprisonment, pursuant to Section 5-7-2 of the Unified | ||||||
5 | Code of Corrections.
| ||||||
6 | (Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12.)
| ||||||
7 | Section 10-307. The Crime Victims Compensation Act is | ||||||
8 | amended by changing Sections 2, 2.5, 4.1, 6.1, and 7.1 as | ||||||
9 | follows:
| ||||||
10 | (740 ILCS 45/2) (from Ch. 70, par. 72)
| ||||||
11 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
12 | context
otherwise requires:
| ||||||
13 | (a) "Applicant" means any person who applies for | ||||||
14 | compensation under this
Act or any person the Court of Claims | ||||||
15 | or the Attorney General finds is entitled to compensation,
| ||||||
16 | including the guardian of a minor or of a person under legal | ||||||
17 | disability. It
includes any person who was a dependent of a | ||||||
18 | deceased victim of a crime of
violence for his or her support | ||||||
19 | at the time of the death of that victim.
| ||||||
20 | The changes made to this subsection by this amendatory Act | ||||||
21 | of the 101st General Assembly apply to actions commenced or | ||||||
22 | pending on or after January 1, 2021. | ||||||
23 | (b) "Court of Claims" means the Court of Claims created by | ||||||
24 | the Court
of Claims Act.
|
| |||||||
| |||||||
1 | (c) "Crime of violence" means and includes any offense | ||||||
2 | defined in
Sections 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, | ||||||
3 | 10-2, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
4 | 11-11, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 11-23, 11-23.5, | ||||||
5 | 12-1,
12-2,
12-3, 12-3.1, 12-3.2,
12-3.3,
12-3.4, 12-4, 12-4.1, | ||||||
6 | 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13, 12-14,
| ||||||
7 | 12-14.1, 12-15,
12-16, 12-20.5, 12-30, 20-1 or 20-1.1, or | ||||||
8 | Section 12-3.05 except for subdivision (a)(4) or (g)(1), or | ||||||
9 | subdivision (a)(4) of Section 11-14.4, of the Criminal Code of | ||||||
10 | 1961 or the Criminal Code of 2012, Sections 1(a) and 1(a-5) of | ||||||
11 | the Cemetery Protection Act, Section 125 of the Stalking No | ||||||
12 | Contact Order Act, Section 219 of the Civil No Contact Order | ||||||
13 | Act, driving under
the influence as defined in Section
11-501 | ||||||
14 | of the Illinois Vehicle Code, a violation of Section 11-401 of | ||||||
15 | the Illinois Vehicle Code, provided the victim was a pedestrian | ||||||
16 | or was operating a vehicle moved solely by human power or a | ||||||
17 | mobility device at the time of contact, and a violation of | ||||||
18 | Section 11-204.1 of the Illinois Vehicle Code; so long as the | ||||||
19 | offense did not occur
during a civil riot, insurrection or | ||||||
20 | rebellion. "Crime of violence" does not
include any other | ||||||
21 | offense or accident involving a motor vehicle except those
| ||||||
22 | vehicle offenses specifically provided for in this paragraph. | ||||||
23 | "Crime of
violence" does include all of the offenses | ||||||
24 | specifically provided for in this
paragraph that occur within | ||||||
25 | this State but are subject to federal jurisdiction
and crimes | ||||||
26 | involving terrorism as defined in 18 U.S.C. 2331.
|
| |||||||
| |||||||
1 | (d) "Victim" means (1) a person killed or injured in this | ||||||
2 | State as a
result of a crime of violence perpetrated or | ||||||
3 | attempted against him or her,
(2) the
spouse , or parent , or | ||||||
4 | child of a person killed or injured in this State as a result | ||||||
5 | of a crime of
violence perpetrated or attempted against the | ||||||
6 | person, or anyone living in the household of a person killed or | ||||||
7 | injured in a relationship that is substantially similar to that | ||||||
8 | of a parent, spouse, or child, (3) a person killed
or injured | ||||||
9 | in this State while attempting to assist a person against whom | ||||||
10 | a
crime of violence is being perpetrated or attempted, if that | ||||||
11 | attempt of
assistance would be expected of a reasonable person | ||||||
12 | under the circumstances,
(4) a person killed or injured in this | ||||||
13 | State while assisting a law
enforcement official apprehend a | ||||||
14 | person who has perpetrated a crime of
violence or prevent the | ||||||
15 | perpetration of any such crime if that
assistance was in | ||||||
16 | response to the express request of the law enforcement
| ||||||
17 | official, (5) a person who personally
witnessed a violent | ||||||
18 | crime, (5.05) a person who will be called as a witness by the | ||||||
19 | prosecution to establish a necessary nexus between the offender | ||||||
20 | and the violent crime, (5.1) solely
for the purpose of | ||||||
21 | compensating for pecuniary loss incurred for
psychological | ||||||
22 | treatment of a mental or emotional condition caused or | ||||||
23 | aggravated
by the crime, any other person under the age of 18 | ||||||
24 | who is the brother, sister,
half brother, or half sister , | ||||||
25 | child, or stepchild
of a person killed or injured in
this State | ||||||
26 | as a
result of a crime of violence, (6) an Illinois resident
|
| |||||||
| |||||||
1 | who is a victim of a "crime of violence" as defined in this Act | ||||||
2 | except, if
the crime occurred outside this State, the resident | ||||||
3 | has the same rights
under this Act as if the crime had occurred | ||||||
4 | in this State upon a showing
that the state, territory, | ||||||
5 | country, or political subdivision of a country
in which the | ||||||
6 | crime occurred does not have a compensation of victims of
| ||||||
7 | crimes law for which that Illinois resident is eligible, (7) a | ||||||
8 | deceased person whose body is dismembered or whose remains are | ||||||
9 | desecrated as the result of a crime of violence, or (8) solely | ||||||
10 | for the purpose of compensating for pecuniary loss incurred for | ||||||
11 | psychological treatment of a mental or emotional condition | ||||||
12 | caused or aggravated by the crime, any parent, spouse, or child | ||||||
13 | under the age of 18 of a deceased person whose body is | ||||||
14 | dismembered or whose remains are desecrated as the result of a | ||||||
15 | crime of violence.
| ||||||
16 | (e) "Dependent" means a relative of a deceased victim who | ||||||
17 | was wholly or
partially dependent upon the victim's income at | ||||||
18 | the time of his or her
death
and shall include the child of a | ||||||
19 | victim born after his or her death.
| ||||||
20 | (f) "Relative" means a spouse, parent, grandparent, | ||||||
21 | stepfather, stepmother,
child, grandchild, brother, | ||||||
22 | brother-in-law, sister, sister-in-law, half
brother, half | ||||||
23 | sister, spouse's parent, nephew, niece, uncle , or aunt , or | ||||||
24 | anyone living in the household of a person killed or injured in | ||||||
25 | a relationship that is substantially similar to that of a | ||||||
26 | parent, spouse, or child .
|
| |||||||
| |||||||
1 | (g) "Child" means a an unmarried son or daughter who is | ||||||
2 | under 18 years of
age and includes a stepchild, an adopted | ||||||
3 | child or a child born out of wedlock.
| ||||||
4 | (h) "Pecuniary loss" means, in the case of injury, | ||||||
5 | appropriate medical
expenses and hospital expenses including | ||||||
6 | expenses of medical
examinations, rehabilitation, medically | ||||||
7 | required
nursing care expenses, appropriate
psychiatric care | ||||||
8 | or psychiatric counseling expenses, appropriate expenses for | ||||||
9 | care or
counseling by a licensed clinical psychologist, | ||||||
10 | licensed clinical social
worker, licensed professional | ||||||
11 | counselor, or licensed clinical professional counselor and | ||||||
12 | expenses for treatment by Christian Science practitioners and
| ||||||
13 | nursing care appropriate thereto; transportation expenses to | ||||||
14 | and from medical and counseling treatment facilities; | ||||||
15 | prosthetic appliances, eyeglasses, and
hearing aids necessary | ||||||
16 | or damaged as a result of the
crime; costs associated with | ||||||
17 | trafficking tattoo removal by a person authorized or licensed | ||||||
18 | to perform the specific removal procedure; replacement costs | ||||||
19 | for clothing and bedding used as evidence; costs
associated | ||||||
20 | with temporary lodging or relocation necessary as a
result of | ||||||
21 | the crime, including, but not limited to, the first month's | ||||||
22 | rent and security deposit of the dwelling that the claimant | ||||||
23 | relocated to and other reasonable relocation expenses incurred | ||||||
24 | as a result of the violent crime;
locks or windows necessary or | ||||||
25 | damaged as a result of the crime; the purchase,
lease, or | ||||||
26 | rental of equipment necessary to create usability of and
|
| |||||||
| |||||||
1 | accessibility to the victim's real and personal property, or | ||||||
2 | the real and
personal property which is used by the victim, | ||||||
3 | necessary as a result of the
crime; the costs of appropriate | ||||||
4 | crime scene clean-up;
replacement
services loss, to a maximum | ||||||
5 | of $1,250 per month;
dependents replacement
services loss, to a | ||||||
6 | maximum of $1,250 per month; loss of tuition paid to
attend | ||||||
7 | grammar school or high school when the victim had been enrolled | ||||||
8 | as a
student prior to the injury, or college or graduate school | ||||||
9 | when
the victim had been enrolled as a day or night student | ||||||
10 | prior to
the injury when the victim becomes unable to continue | ||||||
11 | attendance at school
as a result of the crime of violence | ||||||
12 | perpetrated against him or her; loss
of
earnings, loss of | ||||||
13 | future earnings because of disability resulting from the
| ||||||
14 | injury, and, in addition, in the case of death, expenses for | ||||||
15 | funeral, burial, and travel and transport for survivors
of | ||||||
16 | homicide victims to secure bodies of deceased victims and to | ||||||
17 | transport
bodies for burial all of which
may be awarded up to | ||||||
18 | not exceed a maximum of $10,000 $7,500 and loss of support of | ||||||
19 | the dependents of
the victim; in the case of dismemberment or | ||||||
20 | desecration of a body, expenses for funeral and burial, all of | ||||||
21 | which may be awarded up to not exceed a maximum of $10,000 | ||||||
22 | $7,500 .
Loss of future earnings shall be reduced by any income | ||||||
23 | from substitute work
actually performed by the victim or by | ||||||
24 | income he or she would have earned
in
available appropriate | ||||||
25 | substitute work he or she was capable of performing
but
| ||||||
26 | unreasonably failed to undertake. Loss of earnings, loss of |
| |||||||
| |||||||
1 | future
earnings and loss of support shall be determined on the | ||||||
2 | basis of the
victim's average net monthly earnings for the 6 | ||||||
3 | months immediately
preceding the date of the injury or on | ||||||
4 | $2,400 $1,250 per month, whichever is less or, in cases where | ||||||
5 | the absences commenced more than 3 years from the date of the | ||||||
6 | crime, on the basis of the net monthly earnings for the 6 | ||||||
7 | months immediately preceding the date of the first absence, not | ||||||
8 | to exceed $2,400 $1,250 per month.
If a divorced or legally | ||||||
9 | separated applicant is claiming loss of support
for a minor | ||||||
10 | child of the deceased, the amount of support for each child
| ||||||
11 | shall be based either on the amount of support
pursuant to the | ||||||
12 | judgment prior to the date of the deceased
victim's injury or | ||||||
13 | death, or, if the subject of pending litigation filed by
or on | ||||||
14 | behalf of the divorced or legally separated applicant prior to | ||||||
15 | the
injury or death, on the result of that litigation. Real and | ||||||
16 | personal
property includes, but is not limited to, vehicles, | ||||||
17 | houses, apartments,
town houses, or condominiums. Pecuniary | ||||||
18 | loss does not
include pain and suffering or property loss or | ||||||
19 | damage.
| ||||||
20 | The changes made to this subsection by this amendatory Act | ||||||
21 | of the 101st General Assembly apply to actions commenced or | ||||||
22 | pending on or after January 1, 2021. | ||||||
23 | (i) "Replacement services loss" means expenses reasonably | ||||||
24 | incurred in
obtaining ordinary and necessary services in lieu | ||||||
25 | of those the
injured person would have performed, not for | ||||||
26 | income, but for the benefit
of himself or herself or his or her |
| |||||||
| |||||||
1 | family, if he or she had not
been injured.
| ||||||
2 | (j) "Dependents replacement services loss" means loss | ||||||
3 | reasonably incurred
by dependents or private legal guardians of | ||||||
4 | minor dependents after a victim's death in obtaining ordinary | ||||||
5 | and necessary
services in lieu of those the victim would have | ||||||
6 | performed, not for income,
but for their benefit, if he or she | ||||||
7 | had not been fatally injured.
| ||||||
8 | (k) "Survivor" means immediate family including a parent, | ||||||
9 | stepfather, stepmother, child,
brother, sister, or spouse.
| ||||||
10 | (l) "Parent" means a natural parent, adopted parent, | ||||||
11 | stepparent, or permanent legal guardian of another person. | ||||||
12 | (m) "Trafficking tattoo" is a tattoo which is applied to a | ||||||
13 | victim in connection with the commission of a violation of | ||||||
14 | Section 10-9 of the Criminal Code of 2012. | ||||||
15 | (Source: P.A. 100-690, eff. 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
16 | (740 ILCS 45/2.5)
| ||||||
17 | Sec. 2.5. Felon as victim. A victim's criminal history or | ||||||
18 | felony status shall not automatically prevent compensation to | ||||||
19 | that victim or the victim's family. However, no compensation | ||||||
20 | may be granted to a victim or applicant under this Act while | ||||||
21 | the applicant or victim is held in a correctional institution. | ||||||
22 | Notwithstanding paragraph (d) of Section 2,
"victim" does not
| ||||||
23 | include a person who is convicted of a felony until that person | ||||||
24 | is discharged
from
probation or is released from a correctional | ||||||
25 | institution and has been
discharged from parole or mandatory |
| |||||||
| |||||||
1 | supervised release, if any.
For purposes of this Section, the | ||||||
2 | death of a felon who is serving a term of parole, probation, or | ||||||
3 | mandatory supervised release shall be considered a discharge | ||||||
4 | from that sentence. No compensation may be granted to an | ||||||
5 | applicant under this Act
during a period
of time that the | ||||||
6 | applicant is held in a correctional institution.
| ||||||
7 | A victim who has been convicted of a felony may apply for | ||||||
8 | assistance
under this Act at any time but no award of | ||||||
9 | compensation may be considered
until the applicant meets the | ||||||
10 | requirements of this Section.
| ||||||
11 | The changes made to this Section by this amendatory Act of | ||||||
12 | the 96th General Assembly apply to actions commenced or pending | ||||||
13 | on or after the effective date of this amendatory Act of the | ||||||
14 | 96th General Assembly. | ||||||
15 | (Source: P.A. 96-267, eff. 8-11-09.)
| ||||||
16 | (740 ILCS 45/4.1) (from Ch. 70, par. 74.1)
| ||||||
17 | Sec. 4.1.
In addition to other powers and duties set forth | ||||||
18 | in this Act
and other powers exercised by the Attorney General, | ||||||
19 | the Attorney General
shall : | ||||||
20 | (1) investigate all claims and prepare and present an | ||||||
21 | investigatory report and a draft award determination a | ||||||
22 | report of each
applicant's claim to the Court of Claims for | ||||||
23 | a review period of 28 business days; prior to the issuance | ||||||
24 | of an order
by the Court of Claims, | ||||||
25 | (2) upon conclusion of the review by the Court of |
| |||||||
| |||||||
1 | Claims, provide the applicant with a compensation | ||||||
2 | determination letter; | ||||||
3 | (3) prescribe and furnish all applications and other | ||||||
4 | forms required to be filed in the office
of the Attorney | ||||||
5 | General by the terms of this Act ; , and | ||||||
6 | (4) represent the interests
of the State of Illinois in | ||||||
7 | any hearing before the Court of Claims.
| ||||||
8 | The changes made to this Section by this amendatory Act of | ||||||
9 | the 101st General Assembly apply to actions commenced or | ||||||
10 | pending on or after January 1, 2021. | ||||||
11 | (Source: P.A. 97-817, eff. 1-1-13.)
| ||||||
12 | (740 ILCS 45/6.1) (from Ch. 70, par. 76.1)
| ||||||
13 | Sec. 6.1. Right to compensation. A person is entitled to | ||||||
14 | compensation
under this Act if:
| ||||||
15 | (a) Within 5 2 years of the occurrence of the crime, or | ||||||
16 | within one year after a criminal charge of a person for an | ||||||
17 | offense, upon
which the claim
is based, the applicant | ||||||
18 | presents he files an application, under oath, to the | ||||||
19 | Attorney General that is filed with the Court of Claims and
| ||||||
20 | on a form prescribed in accordance with Section 7.1 | ||||||
21 | furnished by the
Attorney General. If the person entitled | ||||||
22 | to compensation is under 18 years
of age or under other | ||||||
23 | legal disability at the time of the occurrence or
is | ||||||
24 | determined by a court to be under a legal disability as a | ||||||
25 | result of the occurrence, he or she may present file the
|
| |||||||
| |||||||
1 | application required by this subsection within 3 2 years | ||||||
2 | after
he or she attains
the age of 18 years or the | ||||||
3 | disability is removed, as the case may be. Legal disability | ||||||
4 | includes a diagnosis of posttraumatic stress disorder.
| ||||||
5 | (a-1) The Attorney General and the Court of Claims may | ||||||
6 | accept an application presented after the period provided | ||||||
7 | in subsection (a) if the Attorney General determines that | ||||||
8 | the applicant had good cause for a delay. | ||||||
9 | (b) For all crimes of violence, except those listed in | ||||||
10 | subsection (b-1) of this Section, the appropriate law | ||||||
11 | enforcement officials were notified within
72 hours of the | ||||||
12 | perpetration of the crime allegedly causing the death or
| ||||||
13 | injury to the victim or, in the event such notification was | ||||||
14 | made more
than 72 hours after the perpetration of the | ||||||
15 | crime, the applicant
establishes that such notice was | ||||||
16 | timely under the circumstances.
| ||||||
17 | (b-1) For victims of offenses defined in Sections 10-9, | ||||||
18 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
19 | 12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012, the appropriate law enforcement | ||||||
21 | officials were notified within 7 days of the perpetration | ||||||
22 | of the crime allegedly causing death or injury to the | ||||||
23 | victim or, in the event that the notification was made more | ||||||
24 | than 7 days after the perpetration of the crime, the | ||||||
25 | applicant establishes that the notice was timely under the | ||||||
26 | circumstances.
If the applicant or victim has obtained an |
| |||||||
| |||||||
1 | order of protection, a civil no contact order, or a | ||||||
2 | stalking no contact order, has presented himself or herself | ||||||
3 | to a hospital for medical care or sexual assault evidence | ||||||
4 | collection and medical care , or is engaged in a legal | ||||||
5 | proceeding involving a claim that the applicant or victim | ||||||
6 | is a victim of human trafficking, such action shall | ||||||
7 | constitute appropriate notification under this subsection | ||||||
8 | (b-1) or subsection (b) of this Section. | ||||||
9 | (c) The applicant has cooperated with law enforcement
| ||||||
10 | officials in the apprehension and prosecution of the | ||||||
11 | assailant. If the applicant or victim has obtained an order | ||||||
12 | of protection, a civil no contact order, or a stalking no | ||||||
13 | contact order, has presented himself or herself to a | ||||||
14 | hospital for medical care or sexual assault evidence | ||||||
15 | collection and medical care , or is engaged in a legal | ||||||
16 | proceeding involving a claim that the applicant or victim | ||||||
17 | is a victim of human trafficking, such action shall | ||||||
18 | constitute cooperation under this subsection (c). If the | ||||||
19 | victim is under 18 years of age at the time of the | ||||||
20 | commission of the offense, the following shall constitute | ||||||
21 | cooperation under this subsection (c):
| ||||||
22 | (1) the applicant or the victim files a police | ||||||
23 | report with a law enforcement agency; | ||||||
24 | (2) a mandated reporter reports the crime to law | ||||||
25 | enforcement; or | ||||||
26 | (3) a person with firsthand knowledge of the crime |
| |||||||
| |||||||
1 | reports the crime to law enforcement. | ||||||
2 | (d) The applicant is not the offender or an accomplice | ||||||
3 | of the offender
and the award would not unjustly benefit | ||||||
4 | the offender or his accomplice.
| ||||||
5 | (e) (Blank). The injury to or death of the victim was | ||||||
6 | not substantially attributable
to his own wrongful act and | ||||||
7 | was not substantially provoked by the victim.
| ||||||
8 | (f) For victims of offenses defined in Section 10-9 of | ||||||
9 | the Criminal Code of 2012, the victim submits a statement | ||||||
10 | under oath on a form prescribed by the Attorney General | ||||||
11 | attesting that the removed tattoo was applied in connection | ||||||
12 | with the commission of the offense. | ||||||
13 | (g) In determining whether cooperation has been | ||||||
14 | reasonable, the Attorney General and Court of Claims may | ||||||
15 | consider the victim's age, physical condition, | ||||||
16 | psychological state, cultural or linguistic barriers, and | ||||||
17 | compelling health and safety concerns, including, but not | ||||||
18 | limited to, a reasonable fear of retaliation or harm that | ||||||
19 | would jeopardize the well-being of the victim or the | ||||||
20 | victim's family, and giving due consideration to the degree | ||||||
21 | of cooperation that the victim or derivative victim is | ||||||
22 | capable of in light of the presence of any of these | ||||||
23 | factors, or any other factor the Attorney General considers | ||||||
24 | relevant. | ||||||
25 | The changes made to this Section by this amendatory Act of | ||||||
26 | the 101st General Assembly apply to actions commenced or |
| |||||||
| |||||||
1 | pending on or after January 1, 2021. | ||||||
2 | (Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18; | ||||||
3 | 100-1037, eff. 1-1-19 .)
| ||||||
4 | (740 ILCS 45/7.1) (from Ch. 70, par. 77.1)
| ||||||
5 | Sec. 7.1. (a) The application shall set out:
| ||||||
6 | (1) the name and address of the victim;
| ||||||
7 | (2) if the victim is deceased, the name and address of | ||||||
8 | the applicant
and his or her relationship to the victim, | ||||||
9 | the names and addresses of other
persons dependent on the | ||||||
10 | victim for their support and the extent to
which each is so | ||||||
11 | dependent, and other persons who may be entitled to
| ||||||
12 | compensation for a pecuniary loss;
| ||||||
13 | (3) the date and nature of the crime on which the | ||||||
14 | application for
compensation is based;
| ||||||
15 | (4) the date and place where and the law enforcement | ||||||
16 | officials to
whom notification of the crime was given;
| ||||||
17 | (5) the nature and extent of the injuries sustained by | ||||||
18 | the victim,
and the names and addresses of those giving | ||||||
19 | medical and hospitalization
treatment to the victim;
| ||||||
20 | (6) the pecuniary loss to the applicant and to such | ||||||
21 | other persons as
are specified under item (2) resulting | ||||||
22 | from the injury or death;
| ||||||
23 | (7) the amount of benefits, payments, or awards, if | ||||||
24 | any, payable
under:
| ||||||
25 | (a) the Workers' Compensation Act,
|
| |||||||
| |||||||
1 | (b) the Dram Shop Act,
| ||||||
2 | (c) any claim, demand, or cause of action based | ||||||
3 | upon the
crime-related injury or death,
| ||||||
4 | (d) the Federal Medicare program,
| ||||||
5 | (e) the State Public Aid program,
| ||||||
6 | (f) Social Security Administration burial | ||||||
7 | benefits,
| ||||||
8 | (g) Veterans administration burial benefits,
| ||||||
9 | (h) life, health, accident or liability insurance,
| ||||||
10 | (i) the Criminal Victims' Escrow Account Act,
| ||||||
11 | (j) the Sexual Assault Survivors Emergency | ||||||
12 | Treatment Act, | ||||||
13 | (k) restitution, or | ||||||
14 | (l) any other source;
| ||||||
15 | (8) releases authorizing the surrender to the Court of | ||||||
16 | Claims or
Attorney General of reports, documents and other | ||||||
17 | information relating to
the matters specified under this | ||||||
18 | Act and rules promulgated in accordance
with the Act;
| ||||||
19 | (9) such other information as the Court of Claims or | ||||||
20 | the Attorney
General reasonably requires.
| ||||||
21 | (b) The Attorney General may require that materials | ||||||
22 | substantiating
the facts stated in the application be submitted | ||||||
23 | with that application.
| ||||||
24 | (c) An applicant, on his or her own motion, may file an | ||||||
25 | amended application
or additional substantiating materials to | ||||||
26 | correct inadvertent errors or
omissions at any time before the |
| |||||||
| |||||||
1 | original application has been disposed
of by the Court of | ||||||
2 | Claims or the Attorney General . In either case, the filing of | ||||||
3 | additional
information or of an amended application shall be | ||||||
4 | considered for the
purpose of this Act to have been filed at | ||||||
5 | the same time as the original
application.
| ||||||
6 | For claims submitted on or after January 1, 2021, an | ||||||
7 | amended application or additional substantiating materials to | ||||||
8 | correct inadvertent errors or omissions may be filed at any | ||||||
9 | time before the original application is disposed of by the | ||||||
10 | Attorney General or the Court of Claims. | ||||||
11 | (d) Determinations submitted by the Attorney General to the | ||||||
12 | Court of Claims shall be available to the Court of Claims for | ||||||
13 | review. The Attorney General shall provide the sources and | ||||||
14 | evidence relied upon as a basis for a compensation | ||||||
15 | determination. | ||||||
16 | (e) The changes made to this Section by this amendatory Act | ||||||
17 | of the 101st General Assembly apply to actions commenced or | ||||||
18 | pending on or after January 1, 2021. | ||||||
19 | (Source: P.A. 97-817, eff. 1-1-13; 98-463, eff. 8-16-13.)
| ||||||
20 | Section 10-310. The Illinois Domestic Violence Act of 1986 | ||||||
21 | is amended by changing Sections 223 and 301 as follows:
| ||||||
22 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
23 | Sec. 223. Enforcement of orders of protection.
| ||||||
24 | (a) When violation is crime. A violation of any order of |
| |||||||
| |||||||
1 | protection,
whether issued in a civil or criminal proceeding, | ||||||
2 | shall be enforced
by a
criminal court when:
| ||||||
3 | (1) The respondent commits the crime of violation of an | ||||||
4 | order of
protection pursuant to Section 12-3.4 or 12-30 of | ||||||
5 | the Criminal Code of
1961 or the Criminal Code of 2012, by
| ||||||
6 | having knowingly violated:
| ||||||
7 | (i) remedies described in paragraphs (1), (2), | ||||||
8 | (3), (14),
or (14.5) of
subsection (b) of Section 214 | ||||||
9 | of this Act; or
| ||||||
10 | (ii) a remedy, which is substantially similar to | ||||||
11 | the remedies
authorized under paragraphs (1), (2), | ||||||
12 | (3), (14), and (14.5) of subsection (b)
of Section 214 | ||||||
13 | of this Act, in a valid order of protection which is | ||||||
14 | authorized
under the laws of another state, tribe, or | ||||||
15 | United States territory; or
| ||||||
16 | (iii) any other remedy when the act
constitutes a | ||||||
17 | crime against the protected parties as defined by the
| ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
19 | Prosecution for a violation of an order of
protection | ||||||
20 | shall not bar concurrent prosecution for any other crime,
| ||||||
21 | including any crime that may have been committed at the | ||||||
22 | time of the
violation of the order of protection; or
| ||||||
23 | (2) The respondent commits the crime of child abduction | ||||||
24 | pursuant
to Section 10-5 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012, by having knowingly violated:
| ||||||
26 | (i) remedies described in paragraphs (5), (6) or |
| |||||||
| |||||||
1 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
2 | (ii) a remedy, which is substantially similar to | ||||||
3 | the remedies
authorized under paragraphs (5), (6), or | ||||||
4 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
5 | valid order of protection which is authorized under the | ||||||
6 | laws
of another state, tribe, or United States | ||||||
7 | territory.
| ||||||
8 | (b) When violation is contempt of court. A violation of any | ||||||
9 | valid
Illinois order of protection, whether issued in a civil | ||||||
10 | or criminal
proceeding, may be enforced through civil or | ||||||
11 | criminal contempt procedures,
as appropriate, by any court with | ||||||
12 | jurisdiction, regardless where the act or
acts which violated | ||||||
13 | the order of protection were committed, to the extent
| ||||||
14 | consistent with the venue provisions of this Act. Nothing in | ||||||
15 | this Act
shall preclude any Illinois court from enforcing any | ||||||
16 | valid order of
protection issued in another state. Illinois | ||||||
17 | courts may enforce orders of
protection through both criminal | ||||||
18 | prosecution and contempt proceedings,
unless the action which | ||||||
19 | is second in time is barred by collateral estoppel
or the | ||||||
20 | constitutional prohibition against double jeopardy.
| ||||||
21 | (1) In a contempt proceeding where the petition for a | ||||||
22 | rule to show
cause sets forth facts evidencing an immediate | ||||||
23 | danger that the
respondent will flee the jurisdiction, | ||||||
24 | conceal a child, or inflict physical
abuse on the | ||||||
25 | petitioner or minor children or on dependent adults in
| ||||||
26 | petitioner's care, the court may order the
attachment of |
| |||||||
| |||||||
1 | the respondent without prior service of the rule to show
| ||||||
2 | cause or the petition for a rule to show cause. Conditions | ||||||
3 | of release Bond shall be set unless
specifically denied in | ||||||
4 | writing.
| ||||||
5 | (2) A petition for a rule to show cause for violation | ||||||
6 | of an order of
protection shall be treated as an expedited | ||||||
7 | proceeding.
| ||||||
8 | (b-1) The court shall not hold a school district or private | ||||||
9 | or non-public school or any of its employees in civil or | ||||||
10 | criminal contempt unless the school district or private or | ||||||
11 | non-public school has been allowed to intervene. | ||||||
12 | (b-2) The court may hold the parents, guardian, or legal | ||||||
13 | custodian of a minor respondent in civil or criminal contempt | ||||||
14 | for a violation of any provision of any order entered under | ||||||
15 | this Act for conduct of the minor respondent in violation of | ||||||
16 | this Act if the
parents, guardian, or legal custodian directed, | ||||||
17 | encouraged, or assisted the respondent minor in such conduct. | ||||||
18 | (c) Violation of custody or support orders or temporary or | ||||||
19 | final judgments allocating parental responsibilities. A | ||||||
20 | violation of remedies
described in paragraphs (5), (6), (8), or | ||||||
21 | (9) of subsection (b) of Section
214 of this Act may be | ||||||
22 | enforced by any remedy provided by Section 607.5 of
the | ||||||
23 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
24 | may
enforce any order for support issued under paragraph (12) | ||||||
25 | of subsection (b)
of Section 214 in the manner provided for | ||||||
26 | under Parts V and VII of the
Illinois Marriage and Dissolution |
| |||||||
| |||||||
1 | of Marriage Act.
| ||||||
2 | (d) Actual knowledge. An order of protection may be | ||||||
3 | enforced pursuant to
this Section if the respondent violates | ||||||
4 | the order after the
respondent has
actual knowledge of its | ||||||
5 | contents as shown through one of the following means:
| ||||||
6 | (1) By service, delivery, or notice under Section 210.
| ||||||
7 | (2) By notice under Section 210.1 or 211.
| ||||||
8 | (3) By service of an order of protection under Section | ||||||
9 | 222.
| ||||||
10 | (4) By other means demonstrating actual knowledge of | ||||||
11 | the contents of the
order.
| ||||||
12 | (e) The enforcement of an order of protection in civil or | ||||||
13 | criminal court
shall not be affected by either of the | ||||||
14 | following:
| ||||||
15 | (1) The existence of a separate, correlative order, | ||||||
16 | entered under Section
215.
| ||||||
17 | (2) Any finding or order entered in a conjoined | ||||||
18 | criminal proceeding.
| ||||||
19 | (f) Circumstances. The court, when determining whether or | ||||||
20 | not a
violation of an order of protection has occurred, shall | ||||||
21 | not require
physical manifestations of abuse on the person of | ||||||
22 | the victim.
| ||||||
23 | (g) Penalties.
| ||||||
24 | (1) Except as provided in paragraph (3) of this
| ||||||
25 | subsection, where the court finds the commission of a crime | ||||||
26 | or contempt of
court under subsections (a) or (b) of this |
| |||||||
| |||||||
1 | Section, the penalty shall be
the penalty that generally | ||||||
2 | applies in such criminal or contempt
proceedings, and may | ||||||
3 | include one or more of the following: incarceration,
| ||||||
4 | payment of restitution, a fine, payment of attorneys' fees | ||||||
5 | and costs, or
community service.
| ||||||
6 | (2) The court shall hear and take into account evidence | ||||||
7 | of any factors
in aggravation or mitigation before deciding | ||||||
8 | an appropriate penalty under
paragraph (1) of this | ||||||
9 | subsection.
| ||||||
10 | (3) To the extent permitted by law, the court is | ||||||
11 | encouraged to:
| ||||||
12 | (i) increase the penalty for the knowing violation | ||||||
13 | of
any order of protection over any penalty previously | ||||||
14 | imposed by any court
for respondent's violation of any | ||||||
15 | order of protection or penal statute
involving | ||||||
16 | petitioner as victim and respondent as defendant;
| ||||||
17 | (ii) impose a minimum penalty of 24 hours | ||||||
18 | imprisonment for respondent's
first violation of any | ||||||
19 | order of protection; and
| ||||||
20 | (iii) impose a minimum penalty of 48 hours | ||||||
21 | imprisonment for
respondent's second or subsequent | ||||||
22 | violation of an order of protection
| ||||||
23 | unless the court explicitly finds that an increased penalty | ||||||
24 | or that
period of imprisonment would be manifestly unjust.
| ||||||
25 | (4) In addition to any other penalties imposed for a | ||||||
26 | violation of an
order of protection, a criminal court may |
| |||||||
| |||||||
1 | consider evidence of any
violations of an order of | ||||||
2 | protection:
| ||||||
3 | (i) to increase, revoke or modify the conditions of | ||||||
4 | pretrial release bail bond on an underlying
criminal | ||||||
5 | charge pursuant to Section 110-6 of the Code of | ||||||
6 | Criminal Procedure
of 1963;
| ||||||
7 | (ii) to revoke or modify an order of probation, | ||||||
8 | conditional discharge or
supervision, pursuant to | ||||||
9 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
10 | (iii) to revoke or modify a sentence of periodic | ||||||
11 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
12 | Code of Corrections.
| ||||||
13 | (5) In addition to any other penalties, the court shall | ||||||
14 | impose an
additional fine of $20 as authorized by Section | ||||||
15 | 5-9-1.11 of the Unified Code of
Corrections upon any person | ||||||
16 | convicted of or placed on supervision for a
violation of an | ||||||
17 | order of protection.
The additional fine shall be imposed | ||||||
18 | for each violation of this Section.
| ||||||
19 | (Source: P.A. 99-90, eff. 1-1-16 .)
| ||||||
20 | (750 ILCS 60/301) (from Ch. 40, par. 2313-1)
| ||||||
21 | Sec. 301. Arrest without warrant.
| ||||||
22 | (a) Any law enforcement officer may
make an arrest without
| ||||||
23 | warrant if the officer has probable cause to believe that the | ||||||
24 | person has
committed or is committing any crime, including but | ||||||
25 | not limited to
violation of an order of protection, under |
| |||||||
| |||||||
1 | Section 12-3.4 or 12-30 of the Criminal
Code of 1961 or the | ||||||
2 | Criminal Code of 2012, even if the crime was not committed in | ||||||
3 | the presence of the
officer.
| ||||||
4 | (b) The law enforcement officer may verify the existence of | ||||||
5 | an order of
protection by telephone or radio communication with | ||||||
6 | his or her law enforcement
agency or by referring to the copy | ||||||
7 | of the order provided by the petitioner
or respondent.
| ||||||
8 | (c) Any law enforcement officer may make an arrest without | ||||||
9 | warrant if the
officer has reasonable grounds to believe a | ||||||
10 | defendant at liberty under
the provisions of subdivision (d)(1) | ||||||
11 | or (d)(2) of Section 110-10 of the Code of
Criminal Procedure | ||||||
12 | of 1963 has violated a condition of
his or her pretrial release | ||||||
13 | bail bond or recognizance.
| ||||||
14 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
| ||||||
15 | Section 10-315. The Industrial and Linen Supplies Marking | ||||||
16 | Law is amended by changing Section 11 as follows:
| ||||||
17 | (765 ILCS 1045/11) (from Ch. 140, par. 111)
| ||||||
18 | Sec. 11.
Search
warrant.
| ||||||
19 | Whenever the registrant, or officer, or authorized agent of | ||||||
20 | any firm,
partnership or corporation which is a registrant | ||||||
21 | under this Act, takes an
oath before any circuit court, that he | ||||||
22 | has reason to believe that any
supplies are being unlawfully | ||||||
23 | used, sold, or secreted in any place, the
court shall issue a | ||||||
24 | search warrant to any police officer authorizing such
officer |
| |||||||
| |||||||
1 | to search the premises wherein it is alleged such articles may | ||||||
2 | be
found and take into custody any person in whose possession | ||||||
3 | the articles are
found. Any person so seized shall be taken | ||||||
4 | without unnecessary delay before
the court issuing the search | ||||||
5 | warrant. The court is empowered to impose conditions of | ||||||
6 | pretrial release bail
on any such person to compel his | ||||||
7 | attendance at any continued hearing.
| ||||||
8 | (Source: P.A. 77-1273.)
| ||||||
9 | Section 10-320. The Illinois Torture Inquiry and Relief | ||||||
10 | Commission Act is amended by changing Section 50 as follows:
| ||||||
11 | (775 ILCS 40/50)
| ||||||
12 | Sec. 50. Post-commission judicial review. | ||||||
13 | (a) If the Commission concludes there is sufficient
| ||||||
14 | evidence of torture to merit judicial review, the Chair of the
| ||||||
15 | Commission shall request the Chief Judge of the Circuit Court
| ||||||
16 | of Cook County for assignment to a trial judge for
| ||||||
17 | consideration. The court may receive proof by affidavits,
| ||||||
18 | depositions, oral testimony, or other evidence. In its
| ||||||
19 | discretion the court may order the petitioner brought before
| ||||||
20 | the court for the hearing. Notwithstanding the status of any | ||||||
21 | other postconviction proceedings relating to the petitioner, | ||||||
22 | if the court finds in favor of the
petitioner, it shall enter | ||||||
23 | an appropriate order with respect to
the judgment or sentence | ||||||
24 | in the former proceedings and such
supplementary orders as to |
| |||||||
| |||||||
1 | rearraignment, retrial, custody,
pretrial release bail or | ||||||
2 | discharge, or for such relief as may be granted under a | ||||||
3 | petition for a certificate of innocence, as may be necessary | ||||||
4 | and proper. | ||||||
5 | (b) The State's Attorney, or the State's Attorney's
| ||||||
6 | designee, shall represent the State at the hearing before the
| ||||||
7 | assigned judge.
| ||||||
8 | (Source: P.A. 96-223, eff. 8-10-09.)
| ||||||
9 | Section 10-325. The Unemployment Insurance Act is amended | ||||||
10 | by changing Section 602 as follows:
| ||||||
11 | (820 ILCS 405/602) (from Ch. 48, par. 432)
| ||||||
12 | Sec. 602. Discharge for misconduct - Felony. | ||||||
13 | A. An individual shall be
ineligible for benefits for the | ||||||
14 | week in which he has been discharged for
misconduct connected | ||||||
15 | with his work and, thereafter, until he has become
reemployed | ||||||
16 | and has had earnings equal to or in excess of his current | ||||||
17 | weekly
benefit amount in each of four calendar weeks
which are | ||||||
18 | either for services in employment, or have been or will be | ||||||
19 | reported
pursuant to the provisions of the Federal Insurance | ||||||
20 | Contributions Act by
each employing unit for which such | ||||||
21 | services are performed and which submits
a statement certifying | ||||||
22 | to that fact.
The requalification requirements of the preceding | ||||||
23 | sentence shall be
deemed to have been satisfied, as of the date | ||||||
24 | of reinstatement, if,
subsequent to his discharge by an |
| |||||||
| |||||||
1 | employing unit for misconduct connected
with his work, such | ||||||
2 | individual is reinstated by such employing unit. For
purposes | ||||||
3 | of this subsection, the term "misconduct" means the deliberate | ||||||
4 | and
willful violation of a reasonable rule or policy of the | ||||||
5 | employing unit,
governing the individual's behavior in | ||||||
6 | performance of his work, provided
such violation has harmed the | ||||||
7 | employing unit or other employees or has been
repeated by the | ||||||
8 | individual despite a warning or other explicit instruction
from | ||||||
9 | the employing unit. The previous definition notwithstanding, | ||||||
10 | "misconduct" shall include any of the following work-related | ||||||
11 | circumstances: | ||||||
12 | 1. Falsification of an employment application, or any | ||||||
13 | other documentation provided to the employer, to obtain | ||||||
14 | employment through subterfuge. | ||||||
15 | 2. Failure to maintain licenses, registrations, and | ||||||
16 | certifications reasonably required by the employer, or | ||||||
17 | those that the individual is required to possess by law, to | ||||||
18 | perform his or her regular job duties, unless the failure | ||||||
19 | is not within the control of the individual. | ||||||
20 | 3. Knowing, repeated violation of the attendance | ||||||
21 | policies of the employer that are in compliance with State | ||||||
22 | and federal law following a written warning for an | ||||||
23 | attendance violation, unless the individual can | ||||||
24 | demonstrate that he or she has made a reasonable effort to | ||||||
25 | remedy the reason or reasons for the violations or that the | ||||||
26 | reason or reasons for the violations were out of the |
| |||||||
| |||||||
1 | individual's control. Attendance policies of the employer | ||||||
2 | shall be reasonable and provided to the individual in | ||||||
3 | writing, electronically, or via posting in the workplace. | ||||||
4 | 4. Damaging the employer's property through conduct | ||||||
5 | that is grossly negligent. | ||||||
6 | 5. Refusal to obey an employer's reasonable and lawful | ||||||
7 | instruction, unless the refusal is due to the lack of | ||||||
8 | ability, skills, or training for the individual required to | ||||||
9 | obey the instruction or the instruction would result in an | ||||||
10 | unsafe act. | ||||||
11 | 6. Consuming alcohol or illegal or non-prescribed | ||||||
12 | prescription drugs, or using an impairing substance in an | ||||||
13 | off-label manner, on the employer's premises during | ||||||
14 | working hours in violation of the employer's policies. | ||||||
15 | 7. Reporting to work under the influence of alcohol, | ||||||
16 | illegal or non-prescribed prescription drugs, or an | ||||||
17 | impairing substance used in an off-label manner in | ||||||
18 | violation of the employer's policies, unless the | ||||||
19 | individual is compelled to report to work by the employer | ||||||
20 | outside of scheduled and on-call working hours and informs | ||||||
21 | the employer that he or she is under the influence of | ||||||
22 | alcohol, illegal or non-prescribed prescription drugs, or | ||||||
23 | an impairing substance used in an off-label manner in | ||||||
24 | violation of the employer's policies.
| ||||||
25 | 8. Grossly negligent conduct endangering the safety of | ||||||
26 | the individual or co-workers. |
| |||||||
| |||||||
1 | For purposes of paragraphs 4 and 8, conduct is "grossly | ||||||
2 | negligent" when the individual is, or reasonably should be, | ||||||
3 | aware of a substantial risk that the conduct will result in the | ||||||
4 | harm sought to be prevented and the conduct constitutes a | ||||||
5 | substantial deviation from the standard of care a reasonable | ||||||
6 | person would exercise in the situation. | ||||||
7 | Nothing in paragraph 6 or 7 prohibits the lawful use of | ||||||
8 | over-the-counter drug products as defined in Section 206 of the | ||||||
9 | Illinois Controlled Substances Act, provided that the | ||||||
10 | medication does not affect the safe performance of the | ||||||
11 | employee's work duties. | ||||||
12 | B. Notwithstanding any other provision of this Act, no | ||||||
13 | benefit
rights shall accrue to any individual based upon wages | ||||||
14 | from any employer
for service rendered prior to the day upon | ||||||
15 | which such individual was
discharged because of the commission | ||||||
16 | of a felony in connection with his
work, or because of theft in | ||||||
17 | connection with his work, for which the
employer was in no way | ||||||
18 | responsible; provided, that the employer notified
the Director | ||||||
19 | of such possible ineligibility within the time limits
specified | ||||||
20 | by regulations of the Director, and that the individual has
| ||||||
21 | admitted his commission of the felony or theft to a | ||||||
22 | representative of
the Director, or has signed a written | ||||||
23 | admission of such act and such
written admission has been | ||||||
24 | presented to a representative of the
Director, or such act has | ||||||
25 | resulted in a conviction or order of
supervision by a court of
| ||||||
26 | competent jurisdiction; and provided further, that if by reason |
| |||||||
| |||||||
1 | of such
act, he is in legal custody, held on pretrial release | ||||||
2 | bail or is a fugitive from justice,
the determination of his | ||||||
3 | benefit rights shall be held in abeyance
pending the result of | ||||||
4 | any legal proceedings arising therefrom.
| ||||||
5 | (Source: P.A. 99-488, eff. 1-3-16.)
| ||||||
6 | Article 15. | ||||||
7 | Pregnant Prisoner Rights | ||||||
8 | Section 15-5. The Counties Code is amended by changing | ||||||
9 | 3-15003.6 and by adding Sections 3-15003.7, 3-15003.8, | ||||||
10 | 3-15003.9, and 3-15003.10 as follows:
| ||||||
11 | (55 ILCS 5/3-15003.6)
| ||||||
12 | Sec. 3-15003.6. Pregnant female prisoners. | ||||||
13 | (a) Definitions. For the purpose of this Section and | ||||||
14 | Sections 3-15003.7, 3-15003.8, 3-15003.9, and 3-15003.10 : | ||||||
15 | (1) "Restraints" means any physical restraint or | ||||||
16 | mechanical device used to control the movement of a | ||||||
17 | prisoner's body or limbs, or both, including, but not | ||||||
18 | limited to, flex cuffs, soft restraints, hard metal | ||||||
19 | handcuffs, a black box, Chubb cuffs, leg irons, belly | ||||||
20 | chains, a security (tether) chain, or a convex shield, or | ||||||
21 | shackles of any kind. | ||||||
22 | (2) "Labor" means the period of time before a birth and | ||||||
23 | shall include any medical condition in which a woman is |
| |||||||
| |||||||
1 | sent or brought to the hospital for the purpose of | ||||||
2 | delivering her baby. These situations include: induction | ||||||
3 | of labor, prodromal labor, pre-term labor, prelabor | ||||||
4 | rupture of membranes, the 3 stages of active labor, uterine | ||||||
5 | hemorrhage during the third trimester of pregnancy, and | ||||||
6 | caesarian delivery including pre-operative preparation. | ||||||
7 | (3) "Post-partum" means, as determined by her | ||||||
8 | physician, advanced practice registered nurse, or | ||||||
9 | physician assistant, the period immediately following | ||||||
10 | delivery, including the entire period a woman is in the | ||||||
11 | hospital or infirmary after birth. | ||||||
12 | (4) "Correctional institution" means any entity under | ||||||
13 | the authority of a county law enforcement division of a | ||||||
14 | county of more than 3,000,000 inhabitants that has the | ||||||
15 | power to detain or restrain, or both, a person under the | ||||||
16 | laws of the State. | ||||||
17 | (5) "Corrections official" means the official that is | ||||||
18 | responsible for oversight of a correctional institution, | ||||||
19 | or his or her designee. | ||||||
20 | (6) "Prisoner" means any person incarcerated or | ||||||
21 | detained in any facility who is accused of, convicted of, | ||||||
22 | sentenced for, or adjudicated delinquent for, violations | ||||||
23 | of criminal law or the terms and conditions of parole, | ||||||
24 | probation, pretrial release, or diversionary program, and | ||||||
25 | any person detained under the immigration laws of the | ||||||
26 | United States at any correctional facility. |
| |||||||
| |||||||
1 | (7) "Extraordinary circumstance" means an | ||||||
2 | extraordinary medical or security circumstance, including | ||||||
3 | a substantial flight risk, that dictates restraints be used | ||||||
4 | to ensure the safety and security of the prisoner, the | ||||||
5 | staff of the correctional institution or medical facility, | ||||||
6 | other prisoners, or the public. | ||||||
7 | (b) A county department of corrections shall not apply | ||||||
8 | security restraints to a prisoner that has been determined by a | ||||||
9 | qualified medical professional to be pregnant and is known by | ||||||
10 | the county department of corrections to be pregnant or in | ||||||
11 | postpartum recovery, which is the entire period a woman is in | ||||||
12 | the medical facility after birth, unless the corrections | ||||||
13 | official makes an individualized determination that the | ||||||
14 | prisoner presents a substantial flight risk or some other | ||||||
15 | extraordinary circumstance that dictates security restraints | ||||||
16 | be used to ensure the safety and security of the prisoner, her | ||||||
17 | child or unborn child, the staff of the county department of | ||||||
18 | corrections or medical facility, other prisoners, or the | ||||||
19 | public. The protections set out in clauses (b)(3) and (b)(4) of | ||||||
20 | this Section shall apply to security restraints used pursuant | ||||||
21 | to this subsection. The corrections official shall immediately | ||||||
22 | remove all restraints upon the written or oral request of | ||||||
23 | medical personnel. Oral requests made by medical personnel | ||||||
24 | shall be verified in writing as promptly as reasonably | ||||||
25 | possible. | ||||||
26 | (1) Qualified authorized health staff shall have the |
| |||||||
| |||||||
1 | authority to order therapeutic restraints for a pregnant or | ||||||
2 | postpartum prisoner who is a danger to herself, her child, | ||||||
3 | unborn child, or other persons due to a psychiatric or | ||||||
4 | medical disorder. Therapeutic restraints may only be | ||||||
5 | initiated, monitored and discontinued by qualified and | ||||||
6 | authorized health staff and used to safely limit a | ||||||
7 | prisoner's mobility for psychiatric or medical reasons. No | ||||||
8 | order for therapeutic restraints shall be written unless | ||||||
9 | medical or mental health personnel, after personally | ||||||
10 | observing and examining the prisoner, are clinically | ||||||
11 | satisfied that the use of therapeutic restraints is | ||||||
12 | justified and permitted in accordance with hospital | ||||||
13 | policies and applicable State law. Metal handcuffs or | ||||||
14 | shackles are not considered therapeutic restraints. | ||||||
15 | (2) Whenever therapeutic restraints are used by | ||||||
16 | medical personnel, Section 2-108 of the Mental Health and | ||||||
17 | Developmental Disabilities Code shall apply. | ||||||
18 | (3) Leg irons, shackles or waist shackles shall not be | ||||||
19 | used on any pregnant or postpartum prisoner regardless of | ||||||
20 | security classification. Except for therapeutic restraints | ||||||
21 | under clause (b)(2), no restraints of any kind may be | ||||||
22 | applied to prisoners during labor. | ||||||
23 | (4) When a pregnant or postpartum prisoner must be | ||||||
24 | restrained, restraints used shall be the least restrictive | ||||||
25 | restraints possible to ensure the safety and security of | ||||||
26 | the prisoner, her child, unborn child, the staff of the |
| |||||||
| |||||||
1 | county department of corrections or medical facility, | ||||||
2 | other prisoners, or the public, and in no case shall | ||||||
3 | include leg irons, shackles or waist shackles. | ||||||
4 | (5) Upon the pregnant prisoner's entry into a hospital | ||||||
5 | room, and completion of initial room inspection, a | ||||||
6 | corrections official shall be posted immediately outside | ||||||
7 | the hospital room, unless requested to be in the room by | ||||||
8 | medical personnel attending to the prisoner's medical | ||||||
9 | needs. | ||||||
10 | (6) The county department of corrections shall provide | ||||||
11 | adequate corrections personnel to monitor the pregnant | ||||||
12 | prisoner during her transport to and from the hospital and | ||||||
13 | during her stay at the hospital. | ||||||
14 | (7) Where the county department of corrections | ||||||
15 | requires prisoner safety assessments, a corrections | ||||||
16 | official may enter the hospital room to conduct periodic | ||||||
17 | prisoner safety assessments, except during a medical | ||||||
18 | examination or the delivery process. | ||||||
19 | (8) Upon discharge from a medical facility, postpartum | ||||||
20 | prisoners shall be restrained only with handcuffs in front | ||||||
21 | of the body during transport to the county department of | ||||||
22 | corrections. A corrections official shall immediately | ||||||
23 | remove all security restraints upon written or oral request | ||||||
24 | by medical personnel. Oral requests made by medical | ||||||
25 | personnel shall be verified in writing as promptly as | ||||||
26 | reasonably possible. |
| |||||||
| |||||||
1 | (c) Enforcement.
No later than 30 days before the end of | ||||||
2 | each fiscal year, the county sheriff or corrections official of | ||||||
3 | the correctional institution where a pregnant prisoner has been | ||||||
4 | restrained during that previous fiscal year, shall submit a | ||||||
5 | written report to the Illinois General Assembly and the Office | ||||||
6 | of the Governor that includes an account of every instance of | ||||||
7 | prisoner restraint pursuant to this Section. The written report | ||||||
8 | shall state the date, time, location and rationale for each | ||||||
9 | instance in which restraints are used. The written report shall | ||||||
10 | not contain any individually identifying information of any | ||||||
11 | prisoner. Such reports shall be made available for public | ||||||
12 | inspection.
| ||||||
13 | (Source: P.A. 99-581, eff. 1-1-17; 100-513, eff. 1-1-18 .)
| ||||||
14 | (55 ILCS 5/3-15003.7 new) | ||||||
15 | Sec. 3-15003.7. Corrections official training related to | ||||||
16 | pregnant prisoners. | ||||||
17 | (a) A county department of corrections shall provide | ||||||
18 | training relating to medical and mental health care issues | ||||||
19 | applicable to pregnant prisoners to: | ||||||
20 | (1) each corrections official employed by a county | ||||||
21 | department at a correctional institution in which female | ||||||
22 | prisoners are confined; and | ||||||
23 | (2) any other county department of corrections | ||||||
24 | employee whose duties involve contact with pregnant | ||||||
25 | prisoners. |
| |||||||
| |||||||
1 | (b) The training must include information regarding: | ||||||
2 | (1) appropriate care for pregnant prisoners; and | ||||||
3 | (2) the impact on a pregnant prisoner and the | ||||||
4 | prisoner's unborn child of: | ||||||
5 | (A) the use of restraints; | ||||||
6 | (B) placement in administrative segregation; and | ||||||
7 | (C) invasive searches.
| ||||||
8 | (55 ILCS 5/3-15003.8 new) | ||||||
9 | Sec. 3-15003.8. Educational programing for pregnant | ||||||
10 | prisoners. A county department of corrections shall develop and | ||||||
11 | provide to each pregnant prisoner educational programming | ||||||
12 | relating to pregnancy and parenting. The programming must | ||||||
13 | include instruction regarding: | ||||||
14 | (1) appropriate prenatal care and hygiene; | ||||||
15 | (2) the effects of prenatal exposure to alcohol and drugs | ||||||
16 | on a developing fetus; | ||||||
17 | (3) parenting skills; and | ||||||
18 | (4) medical and mental health issues applicable to | ||||||
19 | children.
| ||||||
20 | (55 ILCS 5/3-15003.9 new) | ||||||
21 | Sec. 3-15003.9. Prisoner post-partum recovery | ||||||
22 | requirements. A county department of corrections shall ensure | ||||||
23 | that, for a period of 72 hours after the birth of an infant by a | ||||||
24 | prisoner: |
| |||||||
| |||||||
1 | (1) the infant is allowed to remain with the prisoner, | ||||||
2 | unless a medical professional determines doing so would | ||||||
3 | pose a health or safety risk to the prisoner or infant; and | ||||||
4 | (2) the prisoner has access to any nutritional or | ||||||
5 | hygiene-related products necessary to care for the infant, | ||||||
6 | including diapers.
| ||||||
7 | (55 ILCS 5/3-15003.10 new) | ||||||
8 | Sec. 3-15003.10. Housing requirements applicable to | ||||||
9 | pregnant prisoners. | ||||||
10 | (a) A county department of corrections may not place in | ||||||
11 | administrative segregation a prisoner who is pregnant or who | ||||||
12 | gave birth during the preceding 30 days unless the director of | ||||||
13 | the county department of corrections or the director's designee | ||||||
14 | determines that the placement is necessary based on a | ||||||
15 | reasonable belief that the prisoner will harm herself, the | ||||||
16 | prisoner's infant, or any other person or will attempt escape. | ||||||
17 | (b) A county department of corrections may not assign a | ||||||
18 | pregnant prisoner to any bed that is elevated more than 3 feet | ||||||
19 | above the floor.
| ||||||
20 | Section 15-10. The Unified Code of Corrections is amended | ||||||
21 | by adding Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4 as | ||||||
22 | follows:
| ||||||
23 | (730 ILCS 5/3-6-7.1 new) |
| |||||||
| |||||||
1 | Sec. 3-6-7.1. Correctional officer training related to | ||||||
2 | pregnant committed persons. | ||||||
3 | (a) The Department shall provide training relating to | ||||||
4 | medical and mental health care issues applicable to pregnant | ||||||
5 | committed persons to: | ||||||
6 | (1) each correctional officer employed by the | ||||||
7 | Department at a correctional institution or facility in | ||||||
8 | which female committed persons are confined; and | ||||||
9 | (2) any other Department employee whose duties involve | ||||||
10 | contact with pregnant committed persons. | ||||||
11 | (b) The training must include information regarding: | ||||||
12 | (1) appropriate care for pregnant committed persons; | ||||||
13 | and | ||||||
14 | (2) the impact on a pregnant committed person and the | ||||||
15 | committed person's unborn child of: | ||||||
16 | (A) the use of restraints; | ||||||
17 | (B) placement in administrative segregation; and | ||||||
18 | (C) invasive searches.
| ||||||
19 | (730 ILCS 5/3-6-7.2 new) | ||||||
20 | Sec. 3-6-7.2. Educational programing for pregnant | ||||||
21 | committed persons. The Department shall develop and provide to | ||||||
22 | each pregnant committed person educational programming | ||||||
23 | relating to pregnancy and parenting. The programming must | ||||||
24 | include instruction regarding: | ||||||
25 | (1) appropriate prenatal care and hygiene; |
| |||||||
| |||||||
1 | (2) the effects of prenatal exposure to alcohol and drugs | ||||||
2 | on a developing fetus; | ||||||
3 | (3) parenting skills; and | ||||||
4 | (4) medical and mental health issues applicable to | ||||||
5 | children.
| ||||||
6 | (730 ILCS 5/3-6-7.3 new) | ||||||
7 | Sec. 3-6-7.3. Committed person post-partum recovery | ||||||
8 | requirements. The Department shall ensure that, for a period of | ||||||
9 | 72 hours after the birth of an infant by an committed person: | ||||||
10 | (1) the infant is allowed to remain with the committed | ||||||
11 | person, unless a medical professional determines doing so | ||||||
12 | would pose a health or safety risk to the committed person | ||||||
13 | or infant; and | ||||||
14 | (2) the committed person has access to any nutritional | ||||||
15 | or hygiene-related products necessary to care for the | ||||||
16 | infant, including diapers.
| ||||||
17 | (730 ILCS 5/3-6-7.4 new) | ||||||
18 | Sec. 3-6-7.4. Housing requirements applicable to pregnant | ||||||
19 | committed persons. | ||||||
20 | (a) The Department may not place in administrative | ||||||
21 | segregation a committed person who is pregnant or who gave | ||||||
22 | birth during the preceding 30 days unless the Director or the | ||||||
23 | Director's designee determines that the placement is necessary | ||||||
24 | based on a reasonable belief that the committed person will |
| |||||||
| |||||||
1 | harm herself, the committed person's infant, or any other | ||||||
2 | person or will attempt escape. | ||||||
3 | (b) The Department may not assign a pregnant committed | ||||||
4 | person to any bed that is elevated more than 3 feet above the | ||||||
5 | floor.
| ||||||
6 | Section 15-15. The County Jail Act is amended by adding | ||||||
7 | Sections 17.6, 17.7, 17.8, and 17.9 as follows:
| ||||||
8 | (730 ILCS 125/17.6 new) | ||||||
9 | Sec. 17.6. Sheriff training related to pregnant prisoners. | ||||||
10 | (a) The sheriff shall provide training relating to medical | ||||||
11 | and mental health care issues applicable to pregnant prisoners | ||||||
12 | confined in the county jail to: | ||||||
13 | (1) each correctional officer employed by the sheriff | ||||||
14 | at the county jail in which female committed persons are | ||||||
15 | confined; and | ||||||
16 | (2) any other sheriff employee whose duties involve | ||||||
17 | contact with pregnant prisoners. | ||||||
18 | (b) The training must include information regarding: | ||||||
19 | (1) appropriate care for pregnant prisoners; and | ||||||
20 | (2) the impact on a pregnant prisoner and the | ||||||
21 | prisoner's unborn child of: | ||||||
22 | (A) the use of restraints; | ||||||
23 | (B) placement in administrative segregation; and | ||||||
24 | (C) invasive searches.
|
| |||||||
| |||||||
1 | (730 ILCS 125/17.7 new) | ||||||
2 | Sec. 17.7. Educational programing for pregnant prisoners. | ||||||
3 | The sheriff shall develop and provide to each pregnant prisoner | ||||||
4 | educational programming relating to pregnancy and parenting. | ||||||
5 | The programming must include instruction regarding: | ||||||
6 | (1) appropriate prenatal care and hygiene; | ||||||
7 | (2) the effects of prenatal exposure to alcohol and drugs | ||||||
8 | on a developing fetus; | ||||||
9 | (3) parenting skills; and | ||||||
10 | (4) medical and mental health issues applicable to | ||||||
11 | children.
| ||||||
12 | (730 ILCS 125/17.8 new) | ||||||
13 | Sec. 17.8. Prisoner post-partum recovery requirements. The | ||||||
14 | sheriff shall ensure that, for a period of 72 hours after the | ||||||
15 | birth of an infant by a prisoner: | ||||||
16 | (1) the infant is allowed to remain with the prisoner, | ||||||
17 | unless a medical professional determines doing so would | ||||||
18 | pose a health or safety risk to the prisoner or infant; and | ||||||
19 | (2) the prisoner has access to any nutritional or | ||||||
20 | hygiene-related products necessary to care for the infant, | ||||||
21 | including diapers.
| ||||||
22 | (730 ILCS 125/17.9 new) | ||||||
23 | Sec. 17.9. Housing requirements applicable to pregnant |
| |||||||
| |||||||
1 | prisoners. | ||||||
2 | (a) The sheriff may not place in administrative segregation | ||||||
3 | a prisoner who is pregnant or who gave birth during the | ||||||
4 | preceding 30 days unless the sheriff or the sheriff's designee | ||||||
5 | determines that the placement is necessary based on a | ||||||
6 | reasonable belief that the prisoner will harm herself, the | ||||||
7 | prisoner's infant, or any other person or will attempt escape. | ||||||
8 | (b) The sheriff may not assign a pregnant committed person | ||||||
9 | to any bed that is elevated more than 3 feet above the floor.
| ||||||
10 | Article 20. | ||||||
11 | Mandatory Minimums | ||||||
12 | Section 20-5. The Unified Code of Corrections is amended by | ||||||
13 | changing Section 5-4-1 as follows:
| ||||||
14 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
15 | Sec. 5-4-1. Sentencing hearing.
| ||||||
16 | (a) Except when the death penalty is
sought under hearing | ||||||
17 | procedures otherwise specified, after a
determination of | ||||||
18 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
19 | prior to the imposition of sentence on an individual being
| ||||||
20 | sentenced for an offense based upon a charge for a violation of | ||||||
21 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
22 | provision of a local
ordinance, the individual must undergo a | ||||||
23 | professional evaluation to
determine if an alcohol or other |
| |||||||
| |||||||
1 | drug abuse problem exists and the extent
of such a problem. | ||||||
2 | Programs conducting these evaluations shall be
licensed by the | ||||||
3 | Department of Human Services. However, if the individual is
not | ||||||
4 | a resident of Illinois, the court
may, in its discretion, | ||||||
5 | accept an evaluation from a program in the state of
such | ||||||
6 | individual's residence. The court may in its sentencing order | ||||||
7 | approve an
eligible defendant for placement in a Department of | ||||||
8 | Corrections impact
incarceration program as provided in | ||||||
9 | Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing | ||||||
10 | order recommend a defendant for placement in a Department of | ||||||
11 | Corrections substance abuse treatment program as provided in | ||||||
12 | paragraph (a) of subsection (1) of Section 3-2-2 conditioned | ||||||
13 | upon the defendant being accepted in a program by the | ||||||
14 | Department of Corrections. At the
hearing the court
shall:
| ||||||
15 | (1) consider the evidence, if any, received upon the | ||||||
16 | trial;
| ||||||
17 | (2) consider any presentence reports;
| ||||||
18 | (3) consider the financial impact of incarceration | ||||||
19 | based on the
financial impact statement filed with the | ||||||
20 | clerk of the court by the
Department of Corrections;
| ||||||
21 | (4) consider evidence and information offered by the | ||||||
22 | parties in
aggravation and mitigation; | ||||||
23 | (4.5) consider substance abuse treatment, eligibility | ||||||
24 | screening, and an assessment, if any, of the defendant by | ||||||
25 | an agent designated by the State of Illinois to provide | ||||||
26 | assessment services for the Illinois courts;
|
| |||||||
| |||||||
1 | (5) hear arguments as to sentencing alternatives;
| ||||||
2 | (6) afford the defendant the opportunity to make a | ||||||
3 | statement in his
own behalf;
| ||||||
4 | (7) afford the victim of a violent crime or a violation | ||||||
5 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
6 | similar provision of a local
ordinance, the opportunity to | ||||||
7 | present an oral or written statement, as guaranteed by | ||||||
8 | Article I, Section 8.1 of the Illinois Constitution and | ||||||
9 | provided in Section 6 of the Rights of Crime Victims and | ||||||
10 | Witnesses Act. The court shall allow a victim to make an | ||||||
11 | oral statement if the victim is present in the courtroom | ||||||
12 | and requests to make an oral or written statement. An oral | ||||||
13 | or written statement includes the victim or a | ||||||
14 | representative of the victim reading the written | ||||||
15 | statement. The court may allow persons impacted by the | ||||||
16 | crime who are not victims under subsection (a) of Section 3 | ||||||
17 | of the Rights of Crime Victims and Witnesses Act to present | ||||||
18 | an oral or written statement. A victim and any person | ||||||
19 | making an oral statement shall not be put under oath or | ||||||
20 | subject to cross-examination. All statements offered under | ||||||
21 | this paragraph
(7) shall become part of the record of the | ||||||
22 | court. In this
paragraph (7), "victim of a violent crime" | ||||||
23 | means a person who is a victim of a violent crime for which | ||||||
24 | the defendant has been convicted after a bench or jury | ||||||
25 | trial or a person who is the victim of a violent crime with | ||||||
26 | which the defendant was charged and the defendant has been |
| |||||||
| |||||||
1 | convicted under a plea agreement of a crime that is not a | ||||||
2 | violent crime as defined in subsection (c) of 3 of the | ||||||
3 | Rights of Crime Victims and Witnesses Act; | ||||||
4 | (7.5) afford a qualified person affected by: (i) a | ||||||
5 | violation of Section 405, 405.1, 405.2, or 407 of the | ||||||
6 | Illinois Controlled Substances Act or a violation of | ||||||
7 | Section 55 or Section 65 of the Methamphetamine Control and | ||||||
8 | Community Protection Act; or (ii) a Class 4 felony | ||||||
9 | violation of Section 11-14, 11-14.3 except as described in | ||||||
10 | subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18, | ||||||
11 | 11-18.1, or 11-19 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012, committed by the defendant the | ||||||
13 | opportunity to make a statement concerning the impact on | ||||||
14 | the qualified person and to offer evidence in aggravation | ||||||
15 | or mitigation; provided that the statement and evidence | ||||||
16 | offered in aggravation or mitigation shall first be | ||||||
17 | prepared in writing in conjunction with the State's | ||||||
18 | Attorney before it may be presented orally at the hearing. | ||||||
19 | Sworn testimony offered by the qualified person is subject | ||||||
20 | to the defendant's right to cross-examine. All statements | ||||||
21 | and evidence offered under this paragraph (7.5) shall | ||||||
22 | become part of the record of the court. In this paragraph | ||||||
23 | (7.5), "qualified person" means any person who: (i) lived | ||||||
24 | or worked within the territorial jurisdiction where the | ||||||
25 | offense took place when the offense took place; or (ii) is | ||||||
26 | familiar with various public places within the territorial |
| |||||||
| |||||||
1 | jurisdiction where the offense took place when the offense | ||||||
2 | took place. "Qualified person " includes any peace officer | ||||||
3 | or any member of any duly organized State, county, or | ||||||
4 | municipal peace officer unit assigned to the territorial | ||||||
5 | jurisdiction where the offense took place when the offense | ||||||
6 | took place;
| ||||||
7 | (8) in cases of reckless homicide afford the victim's | ||||||
8 | spouse,
guardians, parents or other immediate family | ||||||
9 | members an opportunity to make
oral statements;
| ||||||
10 | (9) in cases involving a felony sex offense as defined | ||||||
11 | under the Sex
Offender
Management Board Act, consider the | ||||||
12 | results of the sex offender evaluation
conducted pursuant | ||||||
13 | to Section 5-3-2 of this Act; and
| ||||||
14 | (10) make a finding of whether a motor vehicle was used | ||||||
15 | in the commission of the offense for which the defendant is | ||||||
16 | being sentenced. | ||||||
17 | (b) All sentences shall be imposed by the judge based upon | ||||||
18 | his
independent assessment of the elements specified above and | ||||||
19 | any agreement
as to sentence reached by the parties. The judge | ||||||
20 | who presided at the
trial or the judge who accepted the plea of | ||||||
21 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
22 | as a judge in that court. Where
the judge does not impose | ||||||
23 | sentence at the same time on all defendants
who are convicted | ||||||
24 | as a result of being involved in the same offense, the
| ||||||
25 | defendant or the State's Attorney may advise the sentencing | ||||||
26 | court of the
disposition of any other defendants who have been |
| |||||||
| |||||||
1 | sentenced.
| ||||||
2 | (b-1) In imposing a sentence of imprisonment or periodic | ||||||
3 | imprisonment for a Class 3 or Class 4 felony for which a | ||||||
4 | sentence of probation or conditional discharge is an available | ||||||
5 | sentence, if the defendant has no prior sentence of probation | ||||||
6 | or conditional discharge and no prior conviction for a violent | ||||||
7 | crime, the defendant shall not be sentenced to imprisonment | ||||||
8 | before review and consideration of a presentence report and | ||||||
9 | determination and explanation of why the particular evidence, | ||||||
10 | information, factor in aggravation, factual finding, or other | ||||||
11 | reasons support a sentencing determination that one or more of | ||||||
12 | the factors under subsection (a) of Section 5-6-1 of this Code | ||||||
13 | apply and that probation or conditional discharge is not an | ||||||
14 | appropriate sentence. | ||||||
15 | (c) In imposing a sentence for a violent crime or for an | ||||||
16 | offense of
operating or being in physical control of a vehicle | ||||||
17 | while under the
influence of alcohol, any other drug or any | ||||||
18 | combination thereof, or a
similar provision of a local | ||||||
19 | ordinance, when such offense resulted in the
personal injury to | ||||||
20 | someone other than the defendant, the trial judge shall
specify | ||||||
21 | on the record the particular evidence, information, factors in
| ||||||
22 | mitigation and aggravation or other reasons that led to his | ||||||
23 | sentencing
determination. The full verbatim record of the | ||||||
24 | sentencing hearing shall be
filed with the clerk of the court | ||||||
25 | and shall be a public record.
| ||||||
26 | (c-1) In imposing a sentence for the offense of aggravated |
| |||||||
| |||||||
1 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
2 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
3 | firearm, or armed violence with a category I weapon
or category | ||||||
4 | II weapon,
the trial judge shall make a finding as to whether | ||||||
5 | the conduct leading to
conviction for the offense resulted in | ||||||
6 | great bodily harm to a victim, and
shall enter that finding and | ||||||
7 | the basis for that finding in the record.
| ||||||
8 | (c-1.5) Notwithstanding any other provision of law to the | ||||||
9 | contrary, in imposing a sentence for an offense that requires a | ||||||
10 | mandatory minimum sentence of imprisonment, the court may | ||||||
11 | instead sentence the offender to probation, conditional | ||||||
12 | discharge, or a lesser term of imprisonment it deems | ||||||
13 | appropriate if: (1) the offense involves the use or possession | ||||||
14 | of drugs, retail theft, or driving on a revoked license due to | ||||||
15 | unpaid financial obligations; (2) the court finds that the | ||||||
16 | defendant does not pose a risk to public safety; and (3) the | ||||||
17 | interest of justice requires imposing a term of probation, | ||||||
18 | conditional discharge, or a lesser term of imprisonment. The | ||||||
19 | court must state on the record its reasons for imposing | ||||||
20 | probation, conditional discharge, or a lesser term of | ||||||
21 | imprisonment. | ||||||
22 | (c-2) If the defendant is sentenced to prison, other than | ||||||
23 | when a sentence of
natural life imprisonment or a sentence of | ||||||
24 | death is imposed, at the time
the sentence is imposed the judge | ||||||
25 | shall
state on the record in open court the approximate period | ||||||
26 | of time the defendant
will serve in custody according to the |
| |||||||
| |||||||
1 | then current statutory rules and
regulations for sentence | ||||||
2 | credit found in Section 3-6-3 and other related
provisions of | ||||||
3 | this Code. This statement is intended solely to inform the
| ||||||
4 | public, has no legal effect on the defendant's actual release, | ||||||
5 | and may not be
relied on by the defendant on appeal.
| ||||||
6 | The judge's statement, to be given after pronouncing the | ||||||
7 | sentence, other than
when the sentence is imposed for one of | ||||||
8 | the offenses enumerated in paragraph
(a)(4) of Section 3-6-3, | ||||||
9 | shall include the following:
| ||||||
10 | "The purpose of this statement is to inform the public of | ||||||
11 | the actual period
of time this defendant is likely to spend in | ||||||
12 | prison as a result of this
sentence. The actual period of | ||||||
13 | prison time served is determined by the
statutes of Illinois as | ||||||
14 | applied to this sentence by the Illinois Department of
| ||||||
15 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
16 | case, assuming the defendant
receives all of his or her | ||||||
17 | sentence credit, the period of estimated actual
custody is ... | ||||||
18 | years and ... months, less up to 180 days additional earned | ||||||
19 | sentence credit. If the defendant, because of his or
her own | ||||||
20 | misconduct or failure to comply with the institutional | ||||||
21 | regulations,
does not receive those credits, the actual time | ||||||
22 | served in prison will be
longer. The defendant may also receive | ||||||
23 | an additional one-half day sentence
credit for each day of | ||||||
24 | participation in vocational, industry, substance abuse,
and | ||||||
25 | educational programs as provided for by Illinois statute."
| ||||||
26 | When the sentence is imposed for one of the offenses |
| |||||||
| |||||||
1 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
2 | first degree murder, and the offense was
committed on or after | ||||||
3 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
4 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
5 | Criminal
Code of 1961 or the Criminal Code of 2012 if the | ||||||
6 | offense was committed on or after January 1, 1999,
and when the | ||||||
7 | sentence is imposed for aggravated driving under the influence
| ||||||
8 | of alcohol, other drug or drugs, or intoxicating compound or | ||||||
9 | compounds, or
any combination thereof as defined in | ||||||
10 | subparagraph (F) of paragraph (1) of
subsection (d) of Section | ||||||
11 | 11-501 of the Illinois Vehicle Code, and when
the sentence is | ||||||
12 | imposed for aggravated arson if the offense was committed
on or | ||||||
13 | after July 27, 2001 (the effective date of Public Act 92-176), | ||||||
14 | and when
the sentence is imposed for aggravated driving under | ||||||
15 | the influence of alcohol,
other drug or drugs, or intoxicating | ||||||
16 | compound or compounds, or any combination
thereof as defined in | ||||||
17 | subparagraph (C) of paragraph (1) of subsection (d) of
Section | ||||||
18 | 11-501 of the Illinois Vehicle Code committed on or after | ||||||
19 | January 1, 2011 (the effective date of Public Act 96-1230), the | ||||||
20 | judge's
statement, to be given after pronouncing the sentence, | ||||||
21 | shall include the
following:
| ||||||
22 | "The purpose of this statement is to inform the public of | ||||||
23 | the actual period
of time this defendant is likely to spend in | ||||||
24 | prison as a result of this
sentence. The actual period of | ||||||
25 | prison time served is determined by the
statutes of Illinois as | ||||||
26 | applied to this sentence by the Illinois Department of
|
| |||||||
| |||||||
1 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
2 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
3 | sentence credit for
each month of his or her sentence of | ||||||
4 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
5 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
6 | days credit for each month of his or her sentence, the period
| ||||||
7 | of estimated actual custody is ... years and ... months. If the | ||||||
8 | defendant,
because of his or her own misconduct or failure to | ||||||
9 | comply with the
institutional regulations receives lesser | ||||||
10 | credit, the actual time served in
prison will be longer."
| ||||||
11 | When a sentence of imprisonment is imposed for first degree | ||||||
12 | murder and
the offense was committed on or after June 19, 1998, | ||||||
13 | the judge's statement,
to be given after pronouncing the | ||||||
14 | sentence, shall include the following:
| ||||||
15 | "The purpose of this statement is to inform the public of | ||||||
16 | the actual period
of time this defendant is likely to spend in | ||||||
17 | prison as a result of this
sentence. The actual period of | ||||||
18 | prison time served is determined by the
statutes of Illinois as | ||||||
19 | applied to this sentence by the Illinois Department
of | ||||||
20 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
21 | case, the
defendant is not entitled to sentence credit. | ||||||
22 | Therefore, this defendant
will serve 100% of his or her | ||||||
23 | sentence."
| ||||||
24 | When the sentencing order recommends placement in a | ||||||
25 | substance abuse program for any offense that results in | ||||||
26 | incarceration
in a Department of Corrections facility and the |
| |||||||
| |||||||
1 | crime was
committed on or after September 1, 2003 (the | ||||||
2 | effective date of Public Act
93-354), the judge's
statement, in | ||||||
3 | addition to any other judge's statement required under this
| ||||||
4 | Section, to be given after pronouncing the sentence, shall | ||||||
5 | include the
following:
| ||||||
6 | "The purpose of this statement is to inform the public of
| ||||||
7 | the actual period of time this defendant is likely to spend in
| ||||||
8 | prison as a result of this sentence. The actual period of
| ||||||
9 | prison time served is determined by the statutes of Illinois as
| ||||||
10 | applied to this sentence by the Illinois Department of
| ||||||
11 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
12 | case, the defendant shall receive no earned sentence credit | ||||||
13 | under clause (3) of subsection (a) of Section 3-6-3 until he or
| ||||||
14 | she participates in and completes a substance abuse treatment | ||||||
15 | program or receives a waiver from the Director of Corrections | ||||||
16 | pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
| ||||||
17 | (c-4) Before the sentencing hearing and as part of the | ||||||
18 | presentence investigation under Section 5-3-1, the court shall | ||||||
19 | inquire of the defendant whether the defendant is currently | ||||||
20 | serving in or is a veteran of the Armed Forces of the United | ||||||
21 | States.
If the defendant is currently serving in the Armed | ||||||
22 | Forces of the United States or is a veteran of the Armed Forces | ||||||
23 | of the United States and has been diagnosed as having a mental | ||||||
24 | illness by a qualified psychiatrist or clinical psychologist or | ||||||
25 | physician, the court may: | ||||||
26 | (1) order that the officer preparing the presentence |
| |||||||
| |||||||
1 | report consult with the United States Department of | ||||||
2 | Veterans Affairs, Illinois Department of Veterans' | ||||||
3 | Affairs, or another agency or person with suitable | ||||||
4 | knowledge or experience for the purpose of providing the | ||||||
5 | court with information regarding treatment options | ||||||
6 | available to the defendant, including federal, State, and | ||||||
7 | local programming; and | ||||||
8 | (2) consider the treatment recommendations of any | ||||||
9 | diagnosing or treating mental health professionals | ||||||
10 | together with the treatment options available to the | ||||||
11 | defendant in imposing sentence. | ||||||
12 | For the purposes of this subsection (c-4), "qualified | ||||||
13 | psychiatrist" means a reputable physician licensed in Illinois | ||||||
14 | to practice medicine in all its branches, who has specialized | ||||||
15 | in the diagnosis and treatment of mental and nervous disorders | ||||||
16 | for a period of not less than 5 years. | ||||||
17 | (c-6) In imposing a sentence, the trial judge shall | ||||||
18 | specify, on the record, the particular evidence and other | ||||||
19 | reasons which led to his or her determination that a motor | ||||||
20 | vehicle was used in the commission of the offense. | ||||||
21 | (d) When the defendant is committed to the Department of
| ||||||
22 | Corrections, the State's Attorney shall and counsel for the | ||||||
23 | defendant
may file a statement with the clerk of the court to | ||||||
24 | be transmitted to
the department, agency or institution to | ||||||
25 | which the defendant is
committed to furnish such department, | ||||||
26 | agency or institution with the
facts and circumstances of the |
| |||||||
| |||||||
1 | offense for which the person was
committed together with all | ||||||
2 | other factual information accessible to them
in regard to the | ||||||
3 | person prior to his commitment relative to his habits,
| ||||||
4 | associates, disposition and reputation and any other facts and
| ||||||
5 | circumstances which may aid such department, agency or | ||||||
6 | institution
during its custody of such person. The clerk shall | ||||||
7 | within 10 days after
receiving any such statements transmit a | ||||||
8 | copy to such department, agency
or institution and a copy to | ||||||
9 | the other party, provided, however, that
this shall not be | ||||||
10 | cause for delay in conveying the person to the
department, | ||||||
11 | agency or institution to which he has been committed.
| ||||||
12 | (e) The clerk of the court shall transmit to the | ||||||
13 | department,
agency or institution, if any, to which the | ||||||
14 | defendant is committed, the
following:
| ||||||
15 | (1) the sentence imposed;
| ||||||
16 | (2) any statement by the court of the basis for | ||||||
17 | imposing the sentence;
| ||||||
18 | (3) any presentence reports;
| ||||||
19 | (3.5) any sex offender evaluations;
| ||||||
20 | (3.6) any substance abuse treatment eligibility | ||||||
21 | screening and assessment of the defendant by an agent | ||||||
22 | designated by the State of Illinois to provide assessment | ||||||
23 | services for the Illinois courts;
| ||||||
24 | (4) the number of days, if any, which the defendant has | ||||||
25 | been in
custody and for which he is entitled to credit | ||||||
26 | against the sentence,
which information shall be provided |
| |||||||
| |||||||
1 | to the clerk by the sheriff;
| ||||||
2 | (4.1) any finding of great bodily harm made by the | ||||||
3 | court with respect
to an offense enumerated in subsection | ||||||
4 | (c-1);
| ||||||
5 | (5) all statements filed under subsection (d) of this | ||||||
6 | Section;
| ||||||
7 | (6) any medical or mental health records or summaries | ||||||
8 | of the defendant;
| ||||||
9 | (7) the municipality where the arrest of the offender | ||||||
10 | or the commission
of the offense has occurred, where such | ||||||
11 | municipality has a population of
more than 25,000 persons;
| ||||||
12 | (8) all statements made and evidence offered under | ||||||
13 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
14 | (9) all additional matters which the court directs the | ||||||
15 | clerk to
transmit.
| ||||||
16 | (f) In cases in which the court finds that a motor vehicle | ||||||
17 | was used in the commission of the offense for which the | ||||||
18 | defendant is being sentenced, the clerk of the court shall, | ||||||
19 | within 5 days thereafter, forward a report of such conviction | ||||||
20 | to the Secretary of State. | ||||||
21 | (Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18; | ||||||
22 | 100-961, eff. 1-1-19; revised 10-3-18.)
| ||||||
23 | Article 25. | ||||||
24 | Law Enforcement |
| |||||||
| |||||||
1 | Section 25-5. The Open Meetings Act is amended by changing | ||||||
2 | Section 2 as follows:
| ||||||
3 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
4 | Sec. 2. Open meetings.
| ||||||
5 | (a) Openness required. All meetings of public
bodies shall | ||||||
6 | be open to the public unless excepted in subsection (c)
and | ||||||
7 | closed in accordance with Section 2a.
| ||||||
8 | (b) Construction of exceptions. The exceptions contained | ||||||
9 | in subsection
(c) are in derogation of the requirement that | ||||||
10 | public bodies
meet in the open, and therefore, the exceptions | ||||||
11 | are to be strictly
construed, extending only to subjects | ||||||
12 | clearly within their scope.
The exceptions authorize but do not | ||||||
13 | require the holding of
a closed meeting to discuss a subject | ||||||
14 | included within an enumerated exception.
| ||||||
15 | (c) Exceptions. A public body may hold closed meetings to | ||||||
16 | consider the
following subjects:
| ||||||
17 | (1) The appointment, employment, compensation, | ||||||
18 | discipline, performance,
or dismissal of specific | ||||||
19 | employees, specific individuals who serve as independent | ||||||
20 | contractors in a park, recreational, or educational | ||||||
21 | setting, or specific volunteers of the public body or legal | ||||||
22 | counsel for
the public body, including hearing
testimony on | ||||||
23 | a complaint lodged against an employee, a specific | ||||||
24 | individual who serves as an independent contractor in a | ||||||
25 | park, recreational, or educational setting, or a volunteer |
| |||||||
| |||||||
1 | of the public body or
against legal counsel for the public | ||||||
2 | body to determine its validity. However, a meeting to | ||||||
3 | consider an increase in compensation to a specific employee | ||||||
4 | of a public body that is subject to the Local Government | ||||||
5 | Wage Increase Transparency Act may not be closed and shall | ||||||
6 | be open to the public and posted and held in accordance | ||||||
7 | with this Act.
| ||||||
8 | (2) Collective negotiating matters between the public | ||||||
9 | body and its
employees or their representatives, or | ||||||
10 | deliberations concerning salary
schedules for one or more | ||||||
11 | classes of employees.
| ||||||
12 | (3) The selection of a person to fill a public office,
| ||||||
13 | as defined in this Act, including a vacancy in a public | ||||||
14 | office, when the public
body is given power to appoint | ||||||
15 | under law or ordinance, or the discipline,
performance or | ||||||
16 | removal of the occupant of a public office, when the public | ||||||
17 | body
is given power to remove the occupant under law or | ||||||
18 | ordinance.
| ||||||
19 | (4) Evidence or testimony presented in open hearing, or | ||||||
20 | in closed
hearing where specifically authorized by law, to
| ||||||
21 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
22 | that the body
prepares and makes available for public | ||||||
23 | inspection a written decision
setting forth its | ||||||
24 | determinative reasoning.
| ||||||
25 | (5) The purchase or lease of real property for the use | ||||||
26 | of
the public body, including meetings held for the purpose |
| |||||||
| |||||||
1 | of discussing
whether a particular parcel should be | ||||||
2 | acquired.
| ||||||
3 | (6) The setting of a price for sale or lease of | ||||||
4 | property owned
by the public body.
| ||||||
5 | (7) The sale or purchase of securities, investments, or | ||||||
6 | investment
contracts. This exception shall not apply to the | ||||||
7 | investment of assets or income of funds deposited into the | ||||||
8 | Illinois Prepaid Tuition Trust Fund.
| ||||||
9 | (8) Security procedures, school building safety and | ||||||
10 | security, and the use of personnel and
equipment to respond | ||||||
11 | to an actual, a threatened, or a reasonably
potential | ||||||
12 | danger to the safety of employees, students, staff, the | ||||||
13 | public, or
public
property.
| ||||||
14 | (9) Student disciplinary cases.
| ||||||
15 | (10) The placement of individual students in special | ||||||
16 | education
programs and other matters relating to | ||||||
17 | individual students.
| ||||||
18 | (11) Litigation, when an action against, affecting or | ||||||
19 | on behalf of the
particular public body has been filed and | ||||||
20 | is pending before a court or
administrative tribunal, or | ||||||
21 | when the public body finds that an action is
probable or | ||||||
22 | imminent, in which case the basis for the finding shall be
| ||||||
23 | recorded and entered into the minutes of the closed | ||||||
24 | meeting.
| ||||||
25 | (12) The establishment of reserves or settlement of | ||||||
26 | claims as provided
in the Local Governmental and |
| |||||||
| |||||||
1 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
2 | disposition of a claim or potential claim might be
| ||||||
3 | prejudiced, or the review or discussion of claims, loss or | ||||||
4 | risk management
information, records, data, advice or | ||||||
5 | communications from or with respect
to any insurer of the | ||||||
6 | public body or any intergovernmental risk management
| ||||||
7 | association or self insurance pool of which the public body | ||||||
8 | is a member.
| ||||||
9 | (13) Conciliation of complaints of discrimination in | ||||||
10 | the sale or rental
of housing, when closed meetings are | ||||||
11 | authorized by the law or ordinance
prescribing fair housing | ||||||
12 | practices and creating a commission or
administrative | ||||||
13 | agency for their enforcement.
| ||||||
14 | (14) Informant sources, the hiring or assignment of | ||||||
15 | undercover personnel
or equipment, or ongoing, prior or | ||||||
16 | future criminal investigations, when
discussed by a public | ||||||
17 | body with criminal investigatory responsibilities.
| ||||||
18 | (15) Professional ethics or performance when | ||||||
19 | considered by an advisory
body appointed to advise a | ||||||
20 | licensing or regulatory agency on matters
germane to the | ||||||
21 | advisory body's field of competence.
| ||||||
22 | (16) Self evaluation, practices and procedures or | ||||||
23 | professional ethics,
when meeting with a representative of | ||||||
24 | a statewide association of which the
public body is a | ||||||
25 | member.
| ||||||
26 | (17) The recruitment, credentialing, discipline or |
| |||||||
| |||||||
1 | formal peer review
of physicians or other
health care | ||||||
2 | professionals, or for the discussion of matters protected | ||||||
3 | under the federal Patient Safety and Quality Improvement | ||||||
4 | Act of 2005, and the regulations promulgated thereunder, | ||||||
5 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
6 | Health Insurance Portability and Accountability Act of | ||||||
7 | 1996, and the regulations promulgated thereunder, | ||||||
8 | including 45 C.F.R. Parts 160, 162, and 164, by a hospital, | ||||||
9 | or
other institution providing medical care, that is | ||||||
10 | operated by the public body.
| ||||||
11 | (18) Deliberations for decisions of the Prisoner | ||||||
12 | Review Board.
| ||||||
13 | (19) Review or discussion of applications received | ||||||
14 | under the
Experimental Organ Transplantation Procedures | ||||||
15 | Act.
| ||||||
16 | (20) The classification and discussion of matters | ||||||
17 | classified as
confidential or continued confidential by | ||||||
18 | the State Government Suggestion Award
Board.
| ||||||
19 | (21) Discussion of minutes of meetings lawfully closed | ||||||
20 | under this Act,
whether for purposes of approval by the | ||||||
21 | body of the minutes or semi-annual
review of the minutes as | ||||||
22 | mandated by Section 2.06.
| ||||||
23 | (22) Deliberations for decisions of the State
| ||||||
24 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
25 | (23) The operation by a municipality of a municipal | ||||||
26 | utility or the
operation of a
municipal power agency or |
| |||||||
| |||||||
1 | municipal natural gas agency when the
discussion involves | ||||||
2 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
3 | of electricity or natural gas or (ii) the results
or | ||||||
4 | conclusions of load forecast studies.
| ||||||
5 | (24) Meetings of a residential health care facility | ||||||
6 | resident sexual
assault and death review
team or
the | ||||||
7 | Executive
Council under the Abuse Prevention Review
Team | ||||||
8 | Act.
| ||||||
9 | (25) Meetings of an independent team of experts under | ||||||
10 | Brian's Law. | ||||||
11 | (26) Meetings of a mortality review team appointed | ||||||
12 | under the Department of Juvenile Justice Mortality Review | ||||||
13 | Team Act. | ||||||
14 | (27) (Blank). | ||||||
15 | (28) Correspondence and records (i) that may not be | ||||||
16 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
17 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
18 | the Illinois Public Aid Code. | ||||||
19 | (29) Meetings between internal or external auditors | ||||||
20 | and governmental audit committees, finance committees, and | ||||||
21 | their equivalents, when the discussion involves internal | ||||||
22 | control weaknesses, identification of potential fraud risk | ||||||
23 | areas, known or suspected frauds, and fraud interviews | ||||||
24 | conducted in accordance with generally accepted auditing | ||||||
25 | standards of the United States of America. | ||||||
26 | (30) Those meetings or portions of meetings of a |
| |||||||
| |||||||
1 | fatality review team or the Illinois Fatality Review Team | ||||||
2 | Advisory Council during which a review of the death of an | ||||||
3 | eligible adult in which abuse or neglect is suspected, | ||||||
4 | alleged, or substantiated is conducted pursuant to Section | ||||||
5 | 15 of the Adult Protective Services Act. | ||||||
6 | (31) Meetings and deliberations for decisions of the | ||||||
7 | Concealed Carry Licensing Review Board under the Firearm | ||||||
8 | Concealed Carry Act. | ||||||
9 | (32) Meetings between the Regional Transportation | ||||||
10 | Authority Board and its Service Boards when the discussion | ||||||
11 | involves review by the Regional Transportation Authority | ||||||
12 | Board of employment contracts under Section 28d of the | ||||||
13 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
14 | 3B.26 of the Regional Transportation Authority Act. | ||||||
15 | (33) Those meetings or portions of meetings of the | ||||||
16 | advisory committee and peer review subcommittee created | ||||||
17 | under Section 320 of the Illinois Controlled Substances Act | ||||||
18 | during which specific controlled substance prescriber, | ||||||
19 | dispenser, or patient information is discussed. | ||||||
20 | (34) Meetings of the Tax Increment Financing Reform | ||||||
21 | Task Force under Section 2505-800 of the Department of | ||||||
22 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
23 | (35) Meetings of the group established to discuss | ||||||
24 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
25 | Illinois Public Aid Code. | ||||||
26 | (36) Those deliberations or portions of deliberations |
| |||||||
| |||||||
1 | for decisions of the Illinois Gaming Board in which there | ||||||
2 | is discussed any of the following: (i) personal, | ||||||
3 | commercial, financial, or other information obtained from | ||||||
4 | any source that is privileged, proprietary, confidential, | ||||||
5 | or a trade secret; or (ii) information specifically | ||||||
6 | exempted from the disclosure by federal or State law. | ||||||
7 | (37) Deliberations for decisions of the Illinois Law
| ||||||
8 | Enforcement Training Standards Board, the Certification | ||||||
9 | Review Panel, and the Illinois State Police Merit Board | ||||||
10 | regarding certification and decertification. | ||||||
11 | (d) Definitions. For purposes of this Section:
| ||||||
12 | "Employee" means a person employed by a public body whose | ||||||
13 | relationship
with the public body constitutes an | ||||||
14 | employer-employee relationship under
the usual common law | ||||||
15 | rules, and who is not an independent contractor.
| ||||||
16 | "Public office" means a position created by or under the
| ||||||
17 | Constitution or laws of this State, the occupant of which is | ||||||
18 | charged with
the exercise of some portion of the sovereign | ||||||
19 | power of this State. The term
"public office" shall include | ||||||
20 | members of the public body, but it shall not
include | ||||||
21 | organizational positions filled by members thereof, whether
| ||||||
22 | established by law or by a public body itself, that exist to | ||||||
23 | assist the
body in the conduct of its business.
| ||||||
24 | "Quasi-adjudicative body" means an administrative body | ||||||
25 | charged by law or
ordinance with the responsibility to conduct | ||||||
26 | hearings, receive evidence or
testimony and make |
| |||||||
| |||||||
1 | determinations based
thereon, but does not include
local | ||||||
2 | electoral boards when such bodies are considering petition | ||||||
3 | challenges.
| ||||||
4 | (e) Final action. No final action may be taken at a closed | ||||||
5 | meeting.
Final action shall be preceded by a public recital of | ||||||
6 | the nature of the
matter being considered and other information | ||||||
7 | that will inform the
public of the business being conducted.
| ||||||
8 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
9 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||||||
10 | 8-23-19; revised 9-27-19.)
| ||||||
11 | Section 25-10. The Freedom of Information Act is amended by | ||||||
12 | changing Sections 7 and 7.5 as follows:
| ||||||
13 | (5 ILCS 140/7) (from Ch. 116, par. 207) | ||||||
14 | Sec. 7. Exemptions.
| ||||||
15 | (1) When a request is made to inspect or copy a public | ||||||
16 | record that contains information that is exempt from disclosure | ||||||
17 | under this Section, but also contains information that is not | ||||||
18 | exempt from disclosure, the public body may elect to redact the | ||||||
19 | information that is exempt. The public body shall make the | ||||||
20 | remaining information available for inspection and copying. | ||||||
21 | Subject to this requirement, the following shall be exempt from | ||||||
22 | inspection and copying:
| ||||||
23 | (a) Information specifically prohibited from | ||||||
24 | disclosure by federal or
State law or rules and regulations |
| |||||||
| |||||||
1 | implementing federal or State law.
| ||||||
2 | (b) Private information, unless disclosure is required | ||||||
3 | by another provision of this Act, a State or federal law or | ||||||
4 | a court order. | ||||||
5 | (b-5) Files, documents, and other data or databases | ||||||
6 | maintained by one or more law enforcement agencies and | ||||||
7 | specifically designed to provide information to one or more | ||||||
8 | law enforcement agencies regarding the physical or mental | ||||||
9 | status of one or more individual subjects. | ||||||
10 | (c) Personal information contained within public | ||||||
11 | records, the disclosure of which would constitute a clearly
| ||||||
12 | unwarranted invasion of personal privacy, unless the | ||||||
13 | disclosure is
consented to in writing by the individual | ||||||
14 | subjects of the information. "Unwarranted invasion of | ||||||
15 | personal privacy" means the disclosure of information that | ||||||
16 | is highly personal or objectionable to a reasonable person | ||||||
17 | and in which the subject's right to privacy outweighs any | ||||||
18 | legitimate public interest in obtaining the information. | ||||||
19 | The
disclosure of information that bears on the public | ||||||
20 | duties of public
employees and officials shall not be | ||||||
21 | considered an invasion of personal
privacy.
| ||||||
22 | (d) Records in the possession of any public body | ||||||
23 | created in the course of administrative enforcement
| ||||||
24 | proceedings, and any law enforcement or correctional | ||||||
25 | agency for
law enforcement purposes,
but only to the extent | ||||||
26 | that disclosure would:
|
| |||||||
| |||||||
1 | (i) interfere with pending or actually and | ||||||
2 | reasonably contemplated
law enforcement proceedings | ||||||
3 | conducted by any law enforcement or correctional
| ||||||
4 | agency that is the recipient of the request;
| ||||||
5 | (ii) interfere with active administrative | ||||||
6 | enforcement proceedings
conducted by the public body | ||||||
7 | that is the recipient of the request;
| ||||||
8 | (iii) create a substantial likelihood that a | ||||||
9 | person will be deprived of a fair trial or an impartial | ||||||
10 | hearing;
| ||||||
11 | (iv) unavoidably disclose the identity of a | ||||||
12 | confidential source, confidential information | ||||||
13 | furnished only by the confidential source, or persons | ||||||
14 | who file complaints with or provide information to | ||||||
15 | administrative, investigative, law enforcement, or | ||||||
16 | penal agencies; except that the identities of | ||||||
17 | witnesses to traffic accidents, traffic accident | ||||||
18 | reports, and rescue reports shall be provided by | ||||||
19 | agencies of local government, except when disclosure | ||||||
20 | would interfere with an active criminal investigation | ||||||
21 | conducted by the agency that is the recipient of the | ||||||
22 | request;
| ||||||
23 | (v) disclose unique or specialized investigative | ||||||
24 | techniques other than
those generally used and known or | ||||||
25 | disclose internal documents of
correctional agencies | ||||||
26 | related to detection, observation or investigation of
|
| |||||||
| |||||||
1 | incidents of crime or misconduct, and disclosure would | ||||||
2 | result in demonstrable harm to the agency or public | ||||||
3 | body that is the recipient of the request;
| ||||||
4 | (vi) endanger the life or physical safety of law | ||||||
5 | enforcement personnel
or any other person; or
| ||||||
6 | (vii) obstruct an ongoing criminal investigation | ||||||
7 | by the agency that is the recipient of the request.
| ||||||
8 | (d-5) A law enforcement record created for law | ||||||
9 | enforcement purposes and contained in a shared electronic | ||||||
10 | record management system if the law enforcement agency that | ||||||
11 | is the recipient of the request did not create the record, | ||||||
12 | did not participate in or have a role in any of the events | ||||||
13 | which are the subject of the record, and only has access to | ||||||
14 | the record through the shared electronic record management | ||||||
15 | system. | ||||||
16 | (d-6) Records contained in the Officer Professional | ||||||
17 | Conduct Database under Section 9.4 of the Illinois Police | ||||||
18 | Training Act, except to the extent authorized under that | ||||||
19 | Section. This includes the documents supplied to Illinois | ||||||
20 | Law Enforcement Training Standards Board from the Illinois | ||||||
21 | State Police and Illinois State Police Merit Board. | ||||||
22 | (e) Records that relate to or affect the security of | ||||||
23 | correctional
institutions and detention facilities.
| ||||||
24 | (e-5) Records requested by persons committed to the | ||||||
25 | Department of Corrections, Department of Human Services | ||||||
26 | Division of Mental Health, or a county jail if those |
| |||||||
| |||||||
1 | materials are available in the library of the correctional | ||||||
2 | institution or facility or jail where the inmate is | ||||||
3 | confined. | ||||||
4 | (e-6) Records requested by persons committed to the | ||||||
5 | Department of Corrections, Department of Human Services | ||||||
6 | Division of Mental Health, or a county jail if those | ||||||
7 | materials include records from staff members' personnel | ||||||
8 | files, staff rosters, or other staffing assignment | ||||||
9 | information. | ||||||
10 | (e-7) Records requested by persons committed to the | ||||||
11 | Department of Corrections or Department of Human Services | ||||||
12 | Division of Mental Health if those materials are available | ||||||
13 | through an administrative request to the Department of | ||||||
14 | Corrections or Department of Human Services Division of | ||||||
15 | Mental Health. | ||||||
16 | (e-8) Records requested by a person committed to the | ||||||
17 | Department of Corrections, Department of Human Services | ||||||
18 | Division of Mental Health, or a county jail, the disclosure | ||||||
19 | of which would result in the risk of harm to any person or | ||||||
20 | the risk of an escape from a jail or correctional | ||||||
21 | institution or facility. | ||||||
22 | (e-9) Records requested by a person in a county jail or | ||||||
23 | committed to the Department of Corrections or Department of | ||||||
24 | Human Services Division of Mental Health, containing | ||||||
25 | personal information pertaining to the person's victim or | ||||||
26 | the victim's family, including, but not limited to, a |
| |||||||
| |||||||
1 | victim's home address, home telephone number, work or | ||||||
2 | school address, work telephone number, social security | ||||||
3 | number, or any other identifying information, except as may | ||||||
4 | be relevant to a requester's current or potential case or | ||||||
5 | claim. | ||||||
6 | (e-10) Law enforcement records of other persons | ||||||
7 | requested by a person committed to the Department of | ||||||
8 | Corrections, Department of Human Services Division of | ||||||
9 | Mental Health, or a county jail, including, but not limited | ||||||
10 | to, arrest and booking records, mug shots, and crime scene | ||||||
11 | photographs, except as these records may be relevant to the | ||||||
12 | requester's current or potential case or claim. | ||||||
13 | (f) Preliminary drafts, notes, recommendations, | ||||||
14 | memoranda and other
records in which opinions are | ||||||
15 | expressed, or policies or actions are
formulated, except | ||||||
16 | that a specific record or relevant portion of a
record | ||||||
17 | shall not be exempt when the record is publicly cited
and | ||||||
18 | identified by the head of the public body. The exemption | ||||||
19 | provided in
this paragraph (f) extends to all those records | ||||||
20 | of officers and agencies
of the General Assembly that | ||||||
21 | pertain to the preparation of legislative
documents.
| ||||||
22 | (g) Trade secrets and commercial or financial | ||||||
23 | information obtained from
a person or business where the | ||||||
24 | trade secrets or commercial or financial information are | ||||||
25 | furnished under a claim that they are
proprietary, | ||||||
26 | privileged , or confidential, and that disclosure of the |
| |||||||
| |||||||
1 | trade
secrets or commercial or financial information would | ||||||
2 | cause competitive harm to the person or business, and only | ||||||
3 | insofar as the claim directly applies to the records | ||||||
4 | requested. | ||||||
5 | The information included under this exemption includes | ||||||
6 | all trade secrets and commercial or financial information | ||||||
7 | obtained by a public body, including a public pension fund, | ||||||
8 | from a private equity fund or a privately held company | ||||||
9 | within the investment portfolio of a private equity fund as | ||||||
10 | a result of either investing or evaluating a potential | ||||||
11 | investment of public funds in a private equity fund. The | ||||||
12 | exemption contained in this item does not apply to the | ||||||
13 | aggregate financial performance information of a private | ||||||
14 | equity fund, nor to the identity of the fund's managers or | ||||||
15 | general partners. The exemption contained in this item does | ||||||
16 | not apply to the identity of a privately held company | ||||||
17 | within the investment portfolio of a private equity fund, | ||||||
18 | unless the disclosure of the identity of a privately held | ||||||
19 | company may cause competitive harm. | ||||||
20 | Nothing contained in this
paragraph (g) shall be | ||||||
21 | construed to prevent a person or business from
consenting | ||||||
22 | to disclosure.
| ||||||
23 | (h) Proposals and bids for any contract, grant, or | ||||||
24 | agreement, including
information which if it were | ||||||
25 | disclosed would frustrate procurement or give
an advantage | ||||||
26 | to any person proposing to enter into a contractor |
| |||||||
| |||||||
1 | agreement
with the body, until an award or final selection | ||||||
2 | is made. Information
prepared by or for the body in | ||||||
3 | preparation of a bid solicitation shall be
exempt until an | ||||||
4 | award or final selection is made.
| ||||||
5 | (i) Valuable formulae,
computer geographic systems,
| ||||||
6 | designs, drawings and research data obtained or
produced by | ||||||
7 | any public body when disclosure could reasonably be | ||||||
8 | expected to
produce private gain or public loss.
The | ||||||
9 | exemption for "computer geographic systems" provided in | ||||||
10 | this paragraph
(i) does not extend to requests made by news | ||||||
11 | media as defined in Section 2 of
this Act when the | ||||||
12 | requested information is not otherwise exempt and the only
| ||||||
13 | purpose of the request is to access and disseminate | ||||||
14 | information regarding the
health, safety, welfare, or | ||||||
15 | legal rights of the general public.
| ||||||
16 | (j) The following information pertaining to | ||||||
17 | educational matters: | ||||||
18 | (i) test questions, scoring keys and other | ||||||
19 | examination data used to
administer an academic | ||||||
20 | examination;
| ||||||
21 | (ii) information received by a primary or | ||||||
22 | secondary school, college, or university under its | ||||||
23 | procedures for the evaluation of faculty members by | ||||||
24 | their academic peers; | ||||||
25 | (iii) information concerning a school or | ||||||
26 | university's adjudication of student disciplinary |
| |||||||
| |||||||
1 | cases, but only to the extent that disclosure would | ||||||
2 | unavoidably reveal the identity of the student; and | ||||||
3 | (iv) course materials or research materials used | ||||||
4 | by faculty members. | ||||||
5 | (k) Architects' plans, engineers' technical | ||||||
6 | submissions, and
other
construction related technical | ||||||
7 | documents for
projects not constructed or developed in | ||||||
8 | whole or in part with public funds
and the same for | ||||||
9 | projects constructed or developed with public funds, | ||||||
10 | including , but not limited to , power generating and | ||||||
11 | distribution stations and other transmission and | ||||||
12 | distribution facilities, water treatment facilities, | ||||||
13 | airport facilities, sport stadiums, convention centers, | ||||||
14 | and all government owned, operated, or occupied buildings, | ||||||
15 | but
only to the extent
that disclosure would compromise | ||||||
16 | security.
| ||||||
17 | (l) Minutes of meetings of public bodies closed to the
| ||||||
18 | public as provided in the Open Meetings Act until the | ||||||
19 | public body
makes the minutes available to the public under | ||||||
20 | Section 2.06 of the Open
Meetings Act.
| ||||||
21 | (m) Communications between a public body and an | ||||||
22 | attorney or auditor
representing the public body that would | ||||||
23 | not be subject to discovery in
litigation, and materials | ||||||
24 | prepared or compiled by or for a public body in
| ||||||
25 | anticipation of a criminal, civil , or administrative | ||||||
26 | proceeding upon the
request of an attorney advising the |
| |||||||
| |||||||
1 | public body, and materials prepared or
compiled with | ||||||
2 | respect to internal audits of public bodies.
| ||||||
3 | (n) Records relating to a public body's adjudication of | ||||||
4 | employee grievances or disciplinary cases; however, this | ||||||
5 | exemption shall not extend to the final outcome of cases in | ||||||
6 | which discipline is imposed.
| ||||||
7 | (o) Administrative or technical information associated | ||||||
8 | with automated
data processing operations, including , but | ||||||
9 | not limited to , software,
operating protocols, computer | ||||||
10 | program abstracts, file layouts, source
listings, object | ||||||
11 | modules, load modules, user guides, documentation
| ||||||
12 | pertaining to all logical and physical design of | ||||||
13 | computerized systems,
employee manuals, and any other | ||||||
14 | information that, if disclosed, would
jeopardize the | ||||||
15 | security of the system or its data or the security of
| ||||||
16 | materials exempt under this Section.
| ||||||
17 | (p) Records relating to collective negotiating matters
| ||||||
18 | between public bodies and their employees or | ||||||
19 | representatives, except that
any final contract or | ||||||
20 | agreement shall be subject to inspection and copying.
| ||||||
21 | (q) Test questions, scoring keys, and other | ||||||
22 | examination data used to determine the qualifications of an | ||||||
23 | applicant for a license or employment.
| ||||||
24 | (r) The records, documents, and information relating | ||||||
25 | to real estate
purchase negotiations until those | ||||||
26 | negotiations have been completed or
otherwise terminated. |
| |||||||
| |||||||
1 | With regard to a parcel involved in a pending or
actually | ||||||
2 | and reasonably contemplated eminent domain proceeding | ||||||
3 | under the Eminent Domain Act, records, documents , and
| ||||||
4 | information relating to that parcel shall be exempt except | ||||||
5 | as may be
allowed under discovery rules adopted by the | ||||||
6 | Illinois Supreme Court. The
records, documents , and | ||||||
7 | information relating to a real estate sale shall be
exempt | ||||||
8 | until a sale is consummated.
| ||||||
9 | (s) Any and all proprietary information and records | ||||||
10 | related to the
operation of an intergovernmental risk | ||||||
11 | management association or
self-insurance pool or jointly | ||||||
12 | self-administered health and accident
cooperative or pool.
| ||||||
13 | Insurance or self insurance (including any | ||||||
14 | intergovernmental risk management association or self | ||||||
15 | insurance pool) claims, loss or risk management | ||||||
16 | information, records, data, advice or communications.
| ||||||
17 | (t) Information contained in or related to | ||||||
18 | examination, operating, or
condition reports prepared by, | ||||||
19 | on behalf of, or for the use of a public
body responsible | ||||||
20 | for the regulation or supervision of financial
| ||||||
21 | institutions, insurance companies, or pharmacy benefit | ||||||
22 | managers, unless disclosure is otherwise
required by State | ||||||
23 | law.
| ||||||
24 | (u) Information that would disclose
or might lead to | ||||||
25 | the disclosure of
secret or confidential information, | ||||||
26 | codes, algorithms, programs, or private
keys intended to be |
| |||||||
| |||||||
1 | used to create electronic or digital signatures under the
| ||||||
2 | Electronic Commerce Security Act.
| ||||||
3 | (v) Vulnerability assessments, security measures, and | ||||||
4 | response policies
or plans that are designed to identify, | ||||||
5 | prevent, or respond to potential
attacks upon a community's | ||||||
6 | population or systems, facilities, or installations,
the | ||||||
7 | destruction or contamination of which would constitute a | ||||||
8 | clear and present
danger to the health or safety of the | ||||||
9 | community, but only to the extent that
disclosure could | ||||||
10 | reasonably be expected to jeopardize the effectiveness of | ||||||
11 | the
measures or the safety of the personnel who implement | ||||||
12 | them or the public.
Information exempt under this item may | ||||||
13 | include such things as details
pertaining to the | ||||||
14 | mobilization or deployment of personnel or equipment, to | ||||||
15 | the
operation of communication systems or protocols, or to | ||||||
16 | tactical operations.
| ||||||
17 | (w) (Blank). | ||||||
18 | (x) Maps and other records regarding the location or | ||||||
19 | security of generation, transmission, distribution, | ||||||
20 | storage, gathering,
treatment, or switching facilities | ||||||
21 | owned by a utility, by a power generator, or by the | ||||||
22 | Illinois Power Agency.
| ||||||
23 | (y) Information contained in or related to proposals, | ||||||
24 | bids, or negotiations related to electric power | ||||||
25 | procurement under Section 1-75 of the Illinois Power Agency | ||||||
26 | Act and Section 16-111.5 of the Public Utilities Act that |
| |||||||
| |||||||
1 | is determined to be confidential and proprietary by the | ||||||
2 | Illinois Power Agency or by the Illinois Commerce | ||||||
3 | Commission.
| ||||||
4 | (z) Information about students exempted from | ||||||
5 | disclosure under Sections 10-20.38 or 34-18.29 of the | ||||||
6 | School Code, and information about undergraduate students | ||||||
7 | enrolled at an institution of higher education exempted | ||||||
8 | from disclosure under Section 25 of the Illinois Credit | ||||||
9 | Card Marketing Act of 2009. | ||||||
10 | (aa) Information the disclosure of which is
exempted | ||||||
11 | under the Viatical Settlements Act of 2009.
| ||||||
12 | (bb) Records and information provided to a mortality | ||||||
13 | review team and records maintained by a mortality review | ||||||
14 | team appointed under the Department of Juvenile Justice | ||||||
15 | Mortality Review Team Act. | ||||||
16 | (cc) Information regarding interments, entombments, or | ||||||
17 | inurnments of human remains that are submitted to the | ||||||
18 | Cemetery Oversight Database under the Cemetery Care Act or | ||||||
19 | the Cemetery Oversight Act, whichever is applicable. | ||||||
20 | (dd) Correspondence and records (i) that may not be | ||||||
21 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
22 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
23 | the Illinois Public Aid Code. | ||||||
24 | (ee) The names, addresses, or other personal | ||||||
25 | information of persons who are minors and are also | ||||||
26 | participants and registrants in programs of park |
| |||||||
| |||||||
1 | districts, forest preserve districts, conservation | ||||||
2 | districts, recreation agencies, and special recreation | ||||||
3 | associations. | ||||||
4 | (ff) The names, addresses, or other personal | ||||||
5 | information of participants and registrants in programs of | ||||||
6 | park districts, forest preserve districts, conservation | ||||||
7 | districts, recreation agencies, and special recreation | ||||||
8 | associations where such programs are targeted primarily to | ||||||
9 | minors. | ||||||
10 | (gg) Confidential information described in Section | ||||||
11 | 1-100 of the Illinois Independent Tax Tribunal Act of 2012. | ||||||
12 | (hh) The report submitted to the State Board of | ||||||
13 | Education by the School Security and Standards Task Force | ||||||
14 | under item (8) of subsection (d) of Section 2-3.160 of the | ||||||
15 | School Code and any information contained in that report. | ||||||
16 | (ii) Records requested by persons committed to or | ||||||
17 | detained by the Department of Human Services under the | ||||||
18 | Sexually Violent Persons Commitment Act or committed to the | ||||||
19 | Department of Corrections under the Sexually Dangerous | ||||||
20 | Persons Act if those materials: (i) are available in the | ||||||
21 | library of the facility where the individual is confined; | ||||||
22 | (ii) include records from staff members' personnel files, | ||||||
23 | staff rosters, or other staffing assignment information; | ||||||
24 | or (iii) are available through an administrative request to | ||||||
25 | the Department of Human Services or the Department of | ||||||
26 | Corrections. |
| |||||||
| |||||||
1 | (jj) Confidential information described in Section | ||||||
2 | 5-535 of the Civil Administrative Code of Illinois. | ||||||
3 | (kk) The public body's credit card numbers, debit card | ||||||
4 | numbers, bank account numbers, Federal Employer | ||||||
5 | Identification Number, security code numbers, passwords, | ||||||
6 | and similar account information, the disclosure of which | ||||||
7 | could result in identity theft or impression or defrauding | ||||||
8 | of a governmental entity or a person. | ||||||
9 | (ll) (kk) Records concerning the work of the threat | ||||||
10 | assessment team of a school district. | ||||||
11 | (1.5) Any information exempt from disclosure under the | ||||||
12 | Judicial Privacy Act shall be redacted from public records | ||||||
13 | prior to disclosure under this Act. | ||||||
14 | (2) A public record that is not in the possession of a | ||||||
15 | public body but is in the possession of a party with whom the | ||||||
16 | agency has contracted to perform a governmental function on | ||||||
17 | behalf of the public body, and that directly relates to the | ||||||
18 | governmental function and is not otherwise exempt under this | ||||||
19 | Act, shall be considered a public record of the public body, | ||||||
20 | for purposes of this Act. | ||||||
21 | (3) This Section does not authorize withholding of | ||||||
22 | information or limit the
availability of records to the public, | ||||||
23 | except as stated in this Section or
otherwise provided in this | ||||||
24 | Act.
| ||||||
25 | (Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17; | ||||||
26 | 100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff. |
| |||||||
| |||||||
1 | 1-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
| ||||||
2 | (5 ILCS 140/7.5) | ||||||
3 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
4 | by the statutes referenced below, the following shall be exempt | ||||||
5 | from inspection and copying: | ||||||
6 | (a) All information determined to be confidential | ||||||
7 | under Section 4002 of the Technology Advancement and | ||||||
8 | Development Act. | ||||||
9 | (b) Library circulation and order records identifying | ||||||
10 | library users with specific materials under the Library | ||||||
11 | Records Confidentiality Act. | ||||||
12 | (c) Applications, related documents, and medical | ||||||
13 | records received by the Experimental Organ Transplantation | ||||||
14 | Procedures Board and any and all documents or other records | ||||||
15 | prepared by the Experimental Organ Transplantation | ||||||
16 | Procedures Board or its staff relating to applications it | ||||||
17 | has received. | ||||||
18 | (d) Information and records held by the Department of | ||||||
19 | Public Health and its authorized representatives relating | ||||||
20 | to known or suspected cases of sexually transmissible | ||||||
21 | disease or any information the disclosure of which is | ||||||
22 | restricted under the Illinois Sexually Transmissible | ||||||
23 | Disease Control Act. | ||||||
24 | (e) Information the disclosure of which is exempted | ||||||
25 | under Section 30 of the Radon Industry Licensing Act. |
| |||||||
| |||||||
1 | (f) Firm performance evaluations under Section 55 of | ||||||
2 | the Architectural, Engineering, and Land Surveying | ||||||
3 | Qualifications Based Selection Act. | ||||||
4 | (g) Information the disclosure of which is restricted | ||||||
5 | and exempted under Section 50 of the Illinois Prepaid | ||||||
6 | Tuition Act. | ||||||
7 | (h) Information the disclosure of which is exempted | ||||||
8 | under the State Officials and Employees Ethics Act, and | ||||||
9 | records of any lawfully created State or local inspector | ||||||
10 | general's office that would be exempt if created or | ||||||
11 | obtained by an Executive Inspector General's office under | ||||||
12 | that Act. | ||||||
13 | (i) Information contained in a local emergency energy | ||||||
14 | plan submitted to a municipality in accordance with a local | ||||||
15 | emergency energy plan ordinance that is adopted under | ||||||
16 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
17 | (j) Information and data concerning the distribution | ||||||
18 | of surcharge moneys collected and remitted by carriers | ||||||
19 | under the Emergency Telephone System Act. | ||||||
20 | (k) Law enforcement officer identification information | ||||||
21 | or driver identification information compiled by a law | ||||||
22 | enforcement agency or the Department of Transportation | ||||||
23 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
24 | (l) Records and information provided to a residential | ||||||
25 | health care facility resident sexual assault and death | ||||||
26 | review team or the Executive Council under the Abuse |
| |||||||
| |||||||
1 | Prevention Review Team Act. | ||||||
2 | (m) Information provided to the predatory lending | ||||||
3 | database created pursuant to Article 3 of the Residential | ||||||
4 | Real Property Disclosure Act, except to the extent | ||||||
5 | authorized under that Article. | ||||||
6 | (n) Defense budgets and petitions for certification of | ||||||
7 | compensation and expenses for court appointed trial | ||||||
8 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
9 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
10 | until the conclusion of the trial of the case, even if the | ||||||
11 | prosecution chooses not to pursue the death penalty prior | ||||||
12 | to trial or sentencing. | ||||||
13 | (o) Information that is prohibited from being | ||||||
14 | disclosed under Section 4 of the Illinois Health and | ||||||
15 | Hazardous Substances Registry Act. | ||||||
16 | (p) Security portions of system safety program plans, | ||||||
17 | investigation reports, surveys, schedules, lists, data, or | ||||||
18 | information compiled, collected, or prepared by or for the | ||||||
19 | Regional Transportation Authority under Section 2.11 of | ||||||
20 | the Regional Transportation Authority Act or the St. Clair | ||||||
21 | County Transit District under the Bi-State Transit Safety | ||||||
22 | Act. | ||||||
23 | (q) Information prohibited from being disclosed by the | ||||||
24 | Personnel Record Review Act. | ||||||
25 | (r) Information prohibited from being disclosed by the | ||||||
26 | Illinois School Student Records Act. |
| |||||||
| |||||||
1 | (s) Information the disclosure of which is restricted | ||||||
2 | under Section 5-108 of the Public Utilities Act.
| ||||||
3 | (t) All identified or deidentified health information | ||||||
4 | in the form of health data or medical records contained in, | ||||||
5 | stored in, submitted to, transferred by, or released from | ||||||
6 | the Illinois Health Information Exchange, and identified | ||||||
7 | or deidentified health information in the form of health | ||||||
8 | data and medical records of the Illinois Health Information | ||||||
9 | Exchange in the possession of the Illinois Health | ||||||
10 | Information Exchange Office due to its administration of | ||||||
11 | the Illinois Health Information Exchange. The terms | ||||||
12 | "identified" and "deidentified" shall be given the same | ||||||
13 | meaning as in the Health Insurance Portability and | ||||||
14 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
15 | subsequent amendments thereto, and any regulations | ||||||
16 | promulgated thereunder. | ||||||
17 | (u) Records and information provided to an independent | ||||||
18 | team of experts under the Developmental Disability and | ||||||
19 | Mental Health Safety Act (also known as Brian's Law). | ||||||
20 | (v) Names and information of people who have applied | ||||||
21 | for or received Firearm Owner's Identification Cards under | ||||||
22 | the Firearm Owners Identification Card Act or applied for | ||||||
23 | or received a concealed carry license under the Firearm | ||||||
24 | Concealed Carry Act, unless otherwise authorized by the | ||||||
25 | Firearm Concealed Carry Act; and databases under the | ||||||
26 | Firearm Concealed Carry Act, records of the Concealed Carry |
| |||||||
| |||||||
1 | Licensing Review Board under the Firearm Concealed Carry | ||||||
2 | Act, and law enforcement agency objections under the | ||||||
3 | Firearm Concealed Carry Act. | ||||||
4 | (w) Personally identifiable information which is | ||||||
5 | exempted from disclosure under subsection (g) of Section | ||||||
6 | 19.1 of the Toll Highway Act. | ||||||
7 | (x) Information which is exempted from disclosure | ||||||
8 | under Section 5-1014.3 of the Counties Code or Section | ||||||
9 | 8-11-21 of the Illinois Municipal Code. | ||||||
10 | (y) Confidential information under the Adult | ||||||
11 | Protective Services Act and its predecessor enabling | ||||||
12 | statute, the Elder Abuse and Neglect Act, including | ||||||
13 | information about the identity and administrative finding | ||||||
14 | against any caregiver of a verified and substantiated | ||||||
15 | decision of abuse, neglect, or financial exploitation of an | ||||||
16 | eligible adult maintained in the Registry established | ||||||
17 | under Section 7.5 of the Adult Protective Services Act. | ||||||
18 | (z) Records and information provided to a fatality | ||||||
19 | review team or the Illinois Fatality Review Team Advisory | ||||||
20 | Council under Section 15 of the Adult Protective Services | ||||||
21 | Act. | ||||||
22 | (aa) Information which is exempted from disclosure | ||||||
23 | under Section 2.37 of the Wildlife Code. | ||||||
24 | (bb) Information which is or was prohibited from | ||||||
25 | disclosure by the Juvenile Court Act of 1987. | ||||||
26 | (cc) Recordings made under the Law Enforcement |
| |||||||
| |||||||
1 | Officer-Worn Body Camera Act, except to the extent | ||||||
2 | authorized under that Act. | ||||||
3 | (dd) Information that is prohibited from being | ||||||
4 | disclosed under Section 45 of the Condominium and Common | ||||||
5 | Interest Community Ombudsperson Act. | ||||||
6 | (ee) Information that is exempted from disclosure | ||||||
7 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
8 | (ff) Information that is exempted from disclosure | ||||||
9 | under the Revised Uniform Unclaimed Property Act. | ||||||
10 | (gg) Information that is prohibited from being | ||||||
11 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
12 | Code. | ||||||
13 | (hh) Records that are exempt from disclosure under | ||||||
14 | Section 1A-16.7 of the Election Code. | ||||||
15 | (ii) Information which is exempted from disclosure | ||||||
16 | under Section 2505-800 of the Department of Revenue Law of | ||||||
17 | the Civil Administrative Code of Illinois. | ||||||
18 | (jj) Information and reports that are required to be | ||||||
19 | submitted to the Department of Labor by registering day and | ||||||
20 | temporary labor service agencies but are exempt from | ||||||
21 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
22 | and Temporary Labor Services Act. | ||||||
23 | (kk) Information prohibited from disclosure under the | ||||||
24 | Seizure and Forfeiture Reporting Act. | ||||||
25 | (ll) Information the disclosure of which is restricted | ||||||
26 | and exempted under Section 5-30.8 of the Illinois Public |
| |||||||
| |||||||
1 | Aid Code. | ||||||
2 | (mm) Records that are exempt from disclosure under | ||||||
3 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
4 | (nn) Information that is exempt from disclosure under | ||||||
5 | Section 70 of the Higher Education Student Assistance Act. | ||||||
6 | (oo) Communications, notes, records, and reports | ||||||
7 | arising out of a peer support counseling session prohibited | ||||||
8 | from disclosure under the First Responders Suicide | ||||||
9 | Prevention Act. | ||||||
10 | (pp) Names and all identifying information relating to | ||||||
11 | an employee of an emergency services provider or law | ||||||
12 | enforcement agency under the First Responders Suicide | ||||||
13 | Prevention Act. | ||||||
14 | (qq) Information and records held by the Department of | ||||||
15 | Public Health and its authorized representatives collected | ||||||
16 | under the Reproductive Health Act. | ||||||
17 | (rr) Information that is exempt from disclosure under | ||||||
18 | the Cannabis Regulation and Tax Act. | ||||||
19 | (ss) Data reported by an employer to the Department of | ||||||
20 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
21 | Human Rights Act. | ||||||
22 | (tt) Recordings made under the Children's Advocacy | ||||||
23 | Center Act, except to the extent authorized under that Act. | ||||||
24 | (uu) Information that is exempt from disclosure under | ||||||
25 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
26 | (vv) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
2 | Public Aid Code. | ||||||
3 | (ww) Information that is exempt from disclosure under | ||||||
4 | Section 16.8 of the State Treasurer Act. | ||||||
5 | (xx) Information that is exempt from disclosure or | ||||||
6 | information that shall not be made public under the | ||||||
7 | Illinois Insurance Code. | ||||||
8 | (yy) Information prohibited from being disclosed under | ||||||
9 | the Illinois Educational Labor Relations Act. | ||||||
10 | (zz) Information prohibited from being disclosed under | ||||||
11 | the Illinois Public Labor Relations Act. | ||||||
12 | (aaa) Information prohibited from being disclosed | ||||||
13 | under Section 1-167 of the Illinois Pension Code. | ||||||
14 | (bbb) Information that is prohibited from disclosure | ||||||
15 | by the Illinois Police Training Act and the State Police | ||||||
16 | Act. | ||||||
17 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
18 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
19 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
20 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
21 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
22 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
23 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
24 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
25 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
26 | eff. 7-7-20.)
|
| |||||||
| |||||||
1 | (5 ILCS 140/7.1 rep.)
| ||||||
2 | Section 25-15. The Freedom of Information Act is amended by | ||||||
3 | repealing Section 7.1.
| ||||||
4 | Section 25-20. The State Employee Indemnification Act is | ||||||
5 | amended by changing Section 1 as follows:
| ||||||
6 | (5 ILCS 350/1) (from Ch. 127, par. 1301)
| ||||||
7 | Sec. 1. Definitions. For the purpose of this Act:
| ||||||
8 | (a) The term "State" means the State of Illinois, the | ||||||
9 | General
Assembly, the court, or any State office, department, | ||||||
10 | division, bureau,
board, commission, or committee, the | ||||||
11 | governing boards of the public
institutions of higher education | ||||||
12 | created by the State, the Illinois
National Guard, the Illinois | ||||||
13 | State Guard, the Comprehensive Health Insurance Board, any | ||||||
14 | poison control
center designated under the Poison Control | ||||||
15 | System Act that receives State
funding, or any other agency or | ||||||
16 | instrumentality of the State. It
does not mean any local public | ||||||
17 | entity as that term is defined in Section
1-206 of the Local | ||||||
18 | Governmental and Governmental Employees Tort Immunity
Act or a | ||||||
19 | pension fund.
| ||||||
20 | (b) The term "employee" means: any present or former | ||||||
21 | elected or
appointed officer, trustee or employee of the State, | ||||||
22 | or of a pension
fund;
any present or former commissioner or | ||||||
23 | employee of the Executive Ethics
Commission or of the |
| |||||||
| |||||||
1 | Legislative Ethics Commission; any present or former
| ||||||
2 | Executive, Legislative, or Auditor General's Inspector | ||||||
3 | General; any present or
former employee of an Office of an | ||||||
4 | Executive, Legislative, or Auditor General's
Inspector | ||||||
5 | General; any present or former member of the Illinois National
| ||||||
6 | Guard
while on active duty; any present or former member of the | ||||||
7 | Illinois State
Guard
while on State active duty; individuals or | ||||||
8 | organizations who contract with the
Department of Corrections, | ||||||
9 | the Department of Juvenile Justice, the Comprehensive Health | ||||||
10 | Insurance Board, or the
Department of Veterans' Affairs to | ||||||
11 | provide services; individuals or
organizations who contract | ||||||
12 | with the Department of Human Services (as
successor to the | ||||||
13 | Department of Mental Health and Developmental
Disabilities) to | ||||||
14 | provide services including but not limited to treatment and
| ||||||
15 | other services for sexually violent persons; individuals or | ||||||
16 | organizations who
contract with the Department of
Military
| ||||||
17 | Affairs for youth programs; individuals or
organizations who | ||||||
18 | contract to perform carnival and amusement ride safety
| ||||||
19 | inspections for the Department of Labor; individuals who | ||||||
20 | contract with the Office of the State's Attorneys Appellate | ||||||
21 | Prosecutor to provide legal services, but only when performing | ||||||
22 | duties within the scope of the Office's prosecutorial | ||||||
23 | activities; individual representatives of or
designated | ||||||
24 | organizations authorized to represent the Office of State | ||||||
25 | Long-Term
Ombudsman for the Department on Aging; individual | ||||||
26 | representatives of or
organizations designated by the |
| |||||||
| |||||||
1 | Department on Aging in the performance of their
duties as adult | ||||||
2 | protective services agencies or regional administrative | ||||||
3 | agencies
under the Adult Protective Services Act; individuals | ||||||
4 | or organizations appointed as members of a review team or the | ||||||
5 | Advisory Council under the Adult Protective Services Act; | ||||||
6 | individuals or organizations who perform
volunteer services | ||||||
7 | for the State where such volunteer relationship is reduced
to | ||||||
8 | writing; individuals who serve on any public entity (whether | ||||||
9 | created by law
or administrative action) described in paragraph | ||||||
10 | (a) of this Section; individuals or not for profit | ||||||
11 | organizations who, either as volunteers, where
such volunteer | ||||||
12 | relationship is reduced to writing, or pursuant to contract,
| ||||||
13 | furnish professional advice or consultation to any agency or | ||||||
14 | instrumentality of
the State; individuals who serve as foster | ||||||
15 | parents for the Department of
Children and Family Services when | ||||||
16 | caring for youth in care as defined in Section 4d of the | ||||||
17 | Children and Family Services Act; individuals who serve as | ||||||
18 | members of an independent team of experts under the | ||||||
19 | Developmental Disability and Mental Health Safety Act (also | ||||||
20 | known as Brian's Law); and individuals
who serve as arbitrators | ||||||
21 | pursuant to Part 10A of
Article II of the Code of Civil | ||||||
22 | Procedure and the rules of the Supreme Court
implementing Part | ||||||
23 | 10A, each as now or hereafter amended; the members of the | ||||||
24 | Certification Review Panel under the Illinois Police Training | ||||||
25 | Act; the term "employee" does not mean an
independent | ||||||
26 | contractor except as provided in this Section. The term |
| |||||||
| |||||||
1 | includes an
individual appointed as an inspector by the | ||||||
2 | Director of State Police when
performing duties within the | ||||||
3 | scope of the activities of a Metropolitan
Enforcement Group or | ||||||
4 | a law enforcement organization established under the
| ||||||
5 | Intergovernmental Cooperation Act. An individual who renders | ||||||
6 | professional
advice and consultation to the State through an | ||||||
7 | organization which qualifies as
an "employee" under the Act is | ||||||
8 | also an employee. The term includes the estate
or personal | ||||||
9 | representative of an employee.
| ||||||
10 | (c) The term "pension fund" means a retirement system or | ||||||
11 | pension
fund created under the Illinois Pension Code.
| ||||||
12 | (Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18; | ||||||
13 | 101-81, eff. 7-12-19.)
| ||||||
14 | Section 25-25. The Personnel Code is amended by changing | ||||||
15 | Section 4c as follows:
| ||||||
16 | (20 ILCS 415/4c) (from Ch. 127, par. 63b104c) | ||||||
17 | Sec. 4c. General exemptions. The following positions in | ||||||
18 | State
service shall be exempt from jurisdictions A, B, and C, | ||||||
19 | unless the
jurisdictions shall be extended as provided in this | ||||||
20 | Act:
| ||||||
21 | (1) All officers elected by the people.
| ||||||
22 | (2) All positions under the Lieutenant Governor, | ||||||
23 | Secretary of State,
State Treasurer, State Comptroller, | ||||||
24 | State Board of Education, Clerk of
the Supreme Court,
|
| |||||||
| |||||||
1 | Attorney General, and State Board of Elections.
| ||||||
2 | (3) Judges, and officers and employees of the courts, | ||||||
3 | and notaries
public.
| ||||||
4 | (4) All officers and employees of the Illinois General | ||||||
5 | Assembly, all
employees of legislative commissions, all | ||||||
6 | officers and employees of the
Illinois Legislative | ||||||
7 | Reference Bureau and the Legislative Printing Unit.
| ||||||
8 | (5) All positions in the Illinois National Guard and | ||||||
9 | Illinois State
Guard, paid from federal funds or positions
| ||||||
10 | in the State Military Service filled by enlistment and paid | ||||||
11 | from State
funds.
| ||||||
12 | (6) All employees of the Governor at the executive | ||||||
13 | mansion and on
his immediate personal staff.
| ||||||
14 | (7) Directors of Departments, the Adjutant General, | ||||||
15 | the Assistant
Adjutant General, the Director of the | ||||||
16 | Illinois Emergency
Management Agency, members of boards | ||||||
17 | and commissions, and all other
positions appointed by the | ||||||
18 | Governor by and with the consent of the
Senate.
| ||||||
19 | (8) The presidents, other principal administrative | ||||||
20 | officers, and
teaching, research and extension faculties | ||||||
21 | of
Chicago State University, Eastern Illinois University, | ||||||
22 | Governors State
University, Illinois State University, | ||||||
23 | Northeastern Illinois University,
Northern Illinois | ||||||
24 | University, Western Illinois University, the Illinois
| ||||||
25 | Community College Board, Southern Illinois
University, | ||||||
26 | Illinois Board of Higher Education, University of
|
| |||||||
| |||||||
1 | Illinois, State Universities Civil Service System, | ||||||
2 | University Retirement
System of Illinois, and the | ||||||
3 | administrative officers and scientific and
technical staff | ||||||
4 | of the Illinois State Museum.
| ||||||
5 | (9) All other employees except the presidents, other | ||||||
6 | principal
administrative officers, and teaching, research | ||||||
7 | and extension faculties
of the universities under the | ||||||
8 | jurisdiction of the Board of Regents and
the colleges and | ||||||
9 | universities under the jurisdiction of the Board of
| ||||||
10 | Governors of State Colleges and Universities, Illinois | ||||||
11 | Community College
Board, Southern Illinois University, | ||||||
12 | Illinois Board of Higher Education,
Board of Governors of | ||||||
13 | State Colleges and Universities, the Board of
Regents, | ||||||
14 | University of Illinois, State Universities Civil Service
| ||||||
15 | System, University Retirement System of Illinois, so long | ||||||
16 | as these are
subject to the provisions of the State | ||||||
17 | Universities Civil Service Act.
| ||||||
18 | (10) The State Police so long as they are subject to | ||||||
19 | the merit
provisions of the State Police Act.
Employees of | ||||||
20 | the Illinois State Police Merit Board are subject to the | ||||||
21 | provisions of this Code.
| ||||||
22 | (11) (Blank).
| ||||||
23 | (12) The technical and engineering staffs of the | ||||||
24 | Department of
Transportation, the Department of Nuclear | ||||||
25 | Safety, the Pollution Control
Board, and the Illinois | ||||||
26 | Commerce Commission, and the technical and engineering
|
| |||||||
| |||||||
1 | staff providing architectural and engineering services in | ||||||
2 | the Department of
Central Management Services.
| ||||||
3 | (13) All employees of the Illinois State Toll Highway | ||||||
4 | Authority.
| ||||||
5 | (14) The Secretary of the Illinois Workers' | ||||||
6 | Compensation Commission.
| ||||||
7 | (15) All persons who are appointed or employed by the | ||||||
8 | Director of
Insurance under authority of Section 202 of the | ||||||
9 | Illinois Insurance Code
to assist the Director of Insurance | ||||||
10 | in discharging his responsibilities
relating to the | ||||||
11 | rehabilitation, liquidation, conservation, and
dissolution | ||||||
12 | of companies that are subject to the jurisdiction of the
| ||||||
13 | Illinois Insurance Code.
| ||||||
14 | (16) All employees of the St. Louis Metropolitan Area | ||||||
15 | Airport
Authority.
| ||||||
16 | (17) All investment officers employed by the Illinois | ||||||
17 | State Board of
Investment.
| ||||||
18 | (18) Employees of the Illinois Young Adult | ||||||
19 | Conservation Corps program,
administered by the Illinois | ||||||
20 | Department of Natural Resources, authorized
grantee under | ||||||
21 | Title VIII of the Comprehensive
Employment and Training Act | ||||||
22 | of 1973, 29 USC 993.
| ||||||
23 | (19) Seasonal employees of the Department of | ||||||
24 | Agriculture for the
operation of the Illinois State Fair | ||||||
25 | and the DuQuoin State Fair, no one
person receiving more | ||||||
26 | than 29 days of such employment in any calendar year.
|
| |||||||
| |||||||
1 | (20) All "temporary" employees hired under the | ||||||
2 | Department of Natural
Resources' Illinois Conservation | ||||||
3 | Service, a youth
employment program that hires young people | ||||||
4 | to work in State parks for a period
of one year or less.
| ||||||
5 | (21) All hearing officers of the Human Rights | ||||||
6 | Commission.
| ||||||
7 | (22) All employees of the Illinois Mathematics and | ||||||
8 | Science Academy.
| ||||||
9 | (23) All employees of the Kankakee River Valley Area
| ||||||
10 | Airport Authority.
| ||||||
11 | (24) The commissioners and employees of the Executive | ||||||
12 | Ethics
Commission.
| ||||||
13 | (25) The Executive Inspectors General, including | ||||||
14 | special Executive
Inspectors General, and employees of | ||||||
15 | each Office of an
Executive Inspector General.
| ||||||
16 | (26) The commissioners and employees of the | ||||||
17 | Legislative Ethics
Commission.
| ||||||
18 | (27) The Legislative Inspector General, including | ||||||
19 | special Legislative
Inspectors General, and employees of | ||||||
20 | the Office of
the Legislative Inspector General.
| ||||||
21 | (28) The Auditor General's Inspector General and | ||||||
22 | employees of the Office
of the Auditor General's Inspector | ||||||
23 | General.
| ||||||
24 | (29) All employees of the Illinois Power Agency. | ||||||
25 | (30) Employees having demonstrable, defined advanced | ||||||
26 | skills in accounting, financial reporting, or technical |
| |||||||
| |||||||
1 | expertise who are employed within executive branch | ||||||
2 | agencies and whose duties are directly related to the | ||||||
3 | submission to the Office of the Comptroller of financial | ||||||
4 | information for the publication of the Comprehensive | ||||||
5 | Annual Financial Report (CAFR). | ||||||
6 | (31) All employees of the Illinois Sentencing Policy | ||||||
7 | Advisory Council. | ||||||
8 | (Source: P.A. 100-1148, eff. 12-10-18.)
| ||||||
9 | Section 25-30. The Department of State Police Law of the
| ||||||
10 | Civil Administrative Code of Illinois is amended by changing | ||||||
11 | Section 2605-50 as follows:
| ||||||
12 | (20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
| ||||||
13 | Sec. 2605-50. Division of Internal Investigation. The | ||||||
14 | Division
of Internal Investigation shall initiate internal
| ||||||
15 | departmental investigations and, at the direction of the | ||||||
16 | Governor,
investigate
complaints and initiate investigations | ||||||
17 | of official misconduct by State officers
and State employees | ||||||
18 | under the jurisdiction of the Governor. Notwithstanding any | ||||||
19 | other provisions of law, the Division shall serve as the | ||||||
20 | investigative body for the Illinois State Police for purposes | ||||||
21 | of compliance with the provisions of Sections 12.6 and 12.7 of | ||||||
22 | this Act.
| ||||||
23 | (Source: P.A. 91-239, eff. 1-1-00.)
|
| |||||||
| |||||||
1 | Section 25-35. The State Police Act is amended by changing | ||||||
2 | Sections 3, 6, 8, and 9 and by adding Sections 6.5, 11.5, 11.6, | ||||||
3 | 12.6, 12.7, 40.1, and 46 as follows:
| ||||||
4 | (20 ILCS 2610/3) (from Ch. 121, par. 307.3)
| ||||||
5 | Sec. 3.
The Governor shall appoint, by and with the advice | ||||||
6 | and consent of
the Senate, a Department of State Police Merit | ||||||
7 | Board, hereinafter called
the Board, consisting of 7 5 members | ||||||
8 | to hold office . The Governor shall appoint new board members | ||||||
9 | within 30 days for the vacancies created under this amendatory | ||||||
10 | Act. Board members shall be appointed to four-year terms. No | ||||||
11 | member shall be appointed to more than 2 terms. In making the | ||||||
12 | appointments, the Governor shall make a good faith effort to | ||||||
13 | appoint members reflecting the geographic, ethic, and cultural | ||||||
14 | diversity of this State. In making the appointments, the | ||||||
15 | Governor should also consider appointing: persons with | ||||||
16 | professional backgrounds, possessing legal, management, | ||||||
17 | personnel, or labor experience; at least one member with at | ||||||
18 | least 10 years of experience as a licensed physician or | ||||||
19 | clinical psychologist with expertise in mental health; and at | ||||||
20 | least one member affiliated
with an organization commitment to | ||||||
21 | social and economic rights and to eliminating discrimination. , | ||||||
22 | one until the third
Monday in March, 1951, one until the third | ||||||
23 | Monday in March, 1953, and
one until the third Monday in March, | ||||||
24 | 1955, and until their respective
successors are appointed and | ||||||
25 | qualified. One of the members added by this
amendatory Act of |
| |||||||
| |||||||
1 | 1977 shall serve a term expiring on the third Monday
in March, | ||||||
2 | 1980, and until his successor is appointed and qualified, and
| ||||||
3 | one shall serve a term expiring on the third Monday in March, | ||||||
4 | 1982, and
until his successor is appointed and qualified. Upon | ||||||
5 | the expiration of
the terms of office of those first appointed, | ||||||
6 | their respective
successors shall be appointed to hold office | ||||||
7 | from the third Monday in
March of the year of their respective | ||||||
8 | appointments for a term of six
years and until their successors | ||||||
9 | are appointed and qualified for a like
term . No more than 4 3 | ||||||
10 | members of the Board shall be affiliated with the
same | ||||||
11 | political party. If the Senate is not in session at the time | ||||||
12 | initial
appointments are made pursuant to this section, the | ||||||
13 | Governor shall make
temporary appointments as in the case of a | ||||||
14 | vacancy. In order to avoid actual conflicts of interest, or the | ||||||
15 | appearance of conflicts of interest, no board member shall be a | ||||||
16 | retired or former employee of the Illinois State Police. When a | ||||||
17 | Board member may have an actual, perceived, or potential | ||||||
18 | conflict of interest that could prevent the Board member from | ||||||
19 | making a fair and impartial decision on a complaint or formal | ||||||
20 | complaint against an Illinois State Police officer, the Board | ||||||
21 | member shall recuse himself or herself; or If the Board member | ||||||
22 | fails to recuse himself or herself, then the Board may, by a | ||||||
23 | simple majority, vote to recuse the Board member.
| ||||||
24 | (Source: P.A. 87-284.)
| ||||||
25 | (20 ILCS 2610/6) (from Ch. 121, par. 307.6)
|
| |||||||
| |||||||
1 | Sec. 6.
The Board is authorized to employ such clerical and | ||||||
2 | technical staff
assistants, not to exceed fifteen, as may be | ||||||
3 | necessary to enable the Board
to transact its business and, if | ||||||
4 | the rate of compensation is not otherwise
fixed by law, to fix | ||||||
5 | their compensation. In order to avoid actual conflicts of | ||||||
6 | interest, or the appearance of conflicts of interest, no | ||||||
7 | employee, contractor, clerical or technical staff shall be a | ||||||
8 | retired or former employee of the Illinois State Police. All | ||||||
9 | employees shall be subject to the Personnel Code.
| ||||||
10 | (Source: Laws 1949, p. 1357.)
| ||||||
11 | (20 ILCS 2610/6.5 new) | ||||||
12 | Sec. 6.5. Badges. No badge, star, or shield shall be | ||||||
13 | issued to Board members, employees, contractors, clerical or | ||||||
14 | technical staff.
| ||||||
15 | (20 ILCS 2610/8) (from Ch. 121, par. 307.8)
| ||||||
16 | Sec. 8. Board jurisdiction. | ||||||
17 | (a) The Board shall exercise jurisdiction over the | ||||||
18 | certification for
appointment and promotion, and over the | ||||||
19 | discipline, removal, demotion and
suspension of Department of | ||||||
20 | State Police officers.
The Board and the Illinois State Police | ||||||
21 | should also ensure Illinois State Police cadets and officers | ||||||
22 | represent the utmost integrity and professionalism and | ||||||
23 | represent the geographic, ethnic, and cultural diversity of | ||||||
24 | this State. The Board shall also exercise jurisdiction to |
| |||||||
| |||||||
1 | certify and terminate Illinois State Police Officers in | ||||||
2 | compliance with certification standards consistent with | ||||||
3 | Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
| ||||||
4 | merit principles of public employment, the Board shall | ||||||
5 | formulate, adopt,
and put into effect rules, regulations and | ||||||
6 | procedures for its operation
and the transaction of its | ||||||
7 | business. The Board shall establish a classification
of ranks | ||||||
8 | of persons subject to its jurisdiction and shall set standards
| ||||||
9 | and qualifications for each rank. Each Department of State | ||||||
10 | Police officer
appointed by the Director shall be classified as | ||||||
11 | a State Police officer
as follows: trooper, sergeant, master | ||||||
12 | sergeant, lieutenant,
captain,
major, or Special
Agent.
| ||||||
13 | (b) The Board shall publish all standards and | ||||||
14 | qualifications for each rank, including Cadet, on its website. | ||||||
15 | This shall include, but not be limited to, all physical | ||||||
16 | fitness, medical, visual, and hearing standards. The Illinois | ||||||
17 | State Police shall cooperate with the Board by providing any | ||||||
18 | necessary information to complete this requirement. | ||||||
19 | (Source: P.A. 100-49, eff. 1-1-18 .)
| ||||||
20 | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
| ||||||
21 | Sec. 9. Appointment; qualifications.
| ||||||
22 | (a) Except as otherwise provided in this Section, the | ||||||
23 | appointment of
Department of State Police officers shall be | ||||||
24 | made from those applicants who
have been certified by the Board | ||||||
25 | as being qualified for appointment. All
persons so appointed |
| |||||||
| |||||||
1 | shall, at the time of their appointment, be not less than
21 | ||||||
2 | years of age, or 20 years of age and have successfully | ||||||
3 | completed an associate's degree or 60 credit hours at an | ||||||
4 | accredited college or university. Any person
appointed | ||||||
5 | subsequent to successful completion of an associate's degree or | ||||||
6 | 60 credit hours at an accredited college or university shall | ||||||
7 | not have power of arrest, nor shall he or she be permitted
to | ||||||
8 | carry firearms, until he or she reaches 21 years of age. In | ||||||
9 | addition,
all persons so certified for appointment shall be of | ||||||
10 | sound mind and body, be of
good moral character, be citizens of | ||||||
11 | the United States, have no criminal
records, possess such | ||||||
12 | prerequisites of training, education, and experience as
the | ||||||
13 | Board may from time to time prescribe so long as persons who | ||||||
14 | have an associate's degree or 60 credit hours at an accredited | ||||||
15 | college or university are not disqualified, and shall be | ||||||
16 | required to pass
successfully such mental and physical tests | ||||||
17 | and examinations as may be
prescribed by the Board. All persons | ||||||
18 | who meet one of the following requirements are deemed to have | ||||||
19 | met the collegiate educational requirements: | ||||||
20 | (i) have been honorably discharged and who have been | ||||||
21 | awarded a Southwest Asia Service Medal, Kosovo Campaign | ||||||
22 | Medal, Korean Defense Service Medal, Afghanistan Campaign | ||||||
23 | Medal, Iraq Campaign Medal, or Global War on Terrorism | ||||||
24 | Expeditionary Medal by the United States Armed Forces; | ||||||
25 | (ii) are active members of the Illinois National Guard | ||||||
26 | or a reserve component of the United States Armed Forces |
| |||||||
| |||||||
1 | and who have been awarded a Southwest Asia Service Medal, | ||||||
2 | Kosovo Campaign Medal, Korean Defense Service Medal, | ||||||
3 | Afghanistan Campaign Medal, Iraq Campaign Medal, or Global | ||||||
4 | War on Terrorism Expeditionary Medal as a result of | ||||||
5 | honorable service during deployment on active duty; | ||||||
6 | (iii) have been honorably discharged who served in a | ||||||
7 | combat mission by proof of hostile fire pay or imminent | ||||||
8 | danger pay during deployment on active duty; or | ||||||
9 | (iv) have at least 3 years of full active and | ||||||
10 | continuous military duty and received an honorable | ||||||
11 | discharge before hiring. | ||||||
12 | Preference shall be given in such appointments to
persons | ||||||
13 | who have honorably served in the military or naval services of | ||||||
14 | the
United States. All appointees shall serve a probationary | ||||||
15 | period of 12 months
from the date of appointment and during | ||||||
16 | that period may be discharged at the
will of the Director. | ||||||
17 | However, the Director may in his or her sole discretion
extend | ||||||
18 | the probationary period of an officer up to an additional 6 | ||||||
19 | months when
to do so is deemed in the best interest of the | ||||||
20 | Department. Nothing in this subsection (a) limits the Board's | ||||||
21 | ability to prescribe education prerequisites or requirements | ||||||
22 | to certify Department of State Police officers for promotion as | ||||||
23 | provided in Section 10 of this Act.
| ||||||
24 | (b) Notwithstanding the other provisions of this Act, after | ||||||
25 | July 1,
1977 and before July 1, 1980, the Director of State | ||||||
26 | Police may appoint and
promote not more than 20 persons having |
| |||||||
| |||||||
1 | special qualifications as special
agents as he or she deems | ||||||
2 | necessary to carry out the Department's objectives. Any
such | ||||||
3 | appointment or promotion shall be ratified by the Board.
| ||||||
4 | (c) During the 90 days following the effective date of this | ||||||
5 | amendatory Act
of 1995, the Director of State Police may | ||||||
6 | appoint up to 25 persons as State
Police officers. These | ||||||
7 | appointments shall be made in accordance with the
requirements | ||||||
8 | of this subsection (c) and any additional criteria that may be
| ||||||
9 | established by the Director, but are not subject to any other | ||||||
10 | requirements of
this Act. The Director may specify the initial | ||||||
11 | rank for each person appointed
under this subsection.
| ||||||
12 | All appointments under this subsection (c) shall be made | ||||||
13 | from personnel
certified by the Board. A person certified by | ||||||
14 | the Board and appointed by the
Director under this subsection | ||||||
15 | must have been employed by the Illinois Commerce
Commission on | ||||||
16 | November 30, 1994 in a job title
subject to the Personnel Code | ||||||
17 | and in a position for which the person was
eligible to earn | ||||||
18 | "eligible creditable service" as a "noncovered employee", as
| ||||||
19 | those terms are defined in Article 14 of the Illinois Pension | ||||||
20 | Code.
| ||||||
21 | Persons appointed under this subsection (c) shall | ||||||
22 | thereafter be subject to
the same requirements and procedures | ||||||
23 | as other State police officers. A person
appointed under this | ||||||
24 | subsection must serve a probationary period of 12 months
from | ||||||
25 | the date of appointment, during which he or she may be | ||||||
26 | discharged at the
will of the Director.
|
| |||||||
| |||||||
1 | This subsection (c) does not affect or limit the Director's | ||||||
2 | authority to
appoint other State Police officers under | ||||||
3 | subsection (a) of this Section. | ||||||
4 | (d) During the 180 days following the effective date of | ||||||
5 | this amendatory Act of the 101st General Assembly, the Director | ||||||
6 | of the Illinois State Police may appoint current Illinois State | ||||||
7 | Police Employees serving in law enforcement officer positions | ||||||
8 | previously within Central Management Services as State Police | ||||||
9 | Officers. These appointments shall be made in accordance with | ||||||
10 | the requirements of this subsection (d) and any institutional | ||||||
11 | criteria that may be established by the Director, but are not | ||||||
12 | subject to any other requirements of this Act.
All appointments | ||||||
13 | under this subsection (d) shall be made from personnel | ||||||
14 | certified by the Board. A person certified by the Board and | ||||||
15 | appointed by the Director under this subsection must have been | ||||||
16 | employed by the a state agency, board, or commission on January | ||||||
17 | 1, 2021, in a job title subject to the Personnel Code and in a | ||||||
18 | position for which the person was eligible to earn "eligible | ||||||
19 | creditable service" as a "noncovered employee", as those terms | ||||||
20 | are defined in Article 14 of the Illinois Pension Code.
Persons | ||||||
21 | appointed under this subsection (d) shall thereafter be subject | ||||||
22 | to the same requirements, and subject to the same contractual | ||||||
23 | benefits and obligations, as other State police officers.
This | ||||||
24 | subsection (d) does not affect or limit the Director's | ||||||
25 | authority to appoint other State Police officers under | ||||||
26 | subsection (a) of this Section. |
| |||||||
| |||||||
1 | (e) The Merit Board shall review Illinois State Police | ||||||
2 | Cadet applicants. The Illinois State Police may provide | ||||||
3 | background check and investigation material to the Board for | ||||||
4 | their review
10
pursuant to this section. The Board shall | ||||||
5 | approve and ensure that no cadet applicant is certified unless | ||||||
6 | the applicant is a person of good character and has not been | ||||||
7 | convicted of, or entered a plea of guilty to, a felony offense, | ||||||
8 | any of the misdemeanors in Section or if committed in any other | ||||||
9 | state would be an offense similar to 11-1.50, 11-6, 11-6.5, | ||||||
10 | 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12- 3.2, 12-3.5, | ||||||
11 | 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any | ||||||
12 | misdemeanor in violation of any section of Part E of Title III | ||||||
13 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
14 | 32-4a, or 32-7 of the Criminal Code of 1961 or the Criminal | ||||||
15 | Code of 2012, or subsection (a) of Section 17-32 of the | ||||||
16 | Criminal Code of 1961 or the Criminal Code of 2012, to Section | ||||||
17 | 5 or 5.2 of the Cannabis Control Act, or any felony or | ||||||
18 | misdemeanor in violation of federal law or the law of any state | ||||||
19 | that is the equivalent of any of the offenses specified | ||||||
20 | therein. The Officer Misconduct Database, provided in Section | ||||||
21 | 9.2 of the Illinois Police Training Act, shall be searched as | ||||||
22 | part of this process. For purposes of this Section "convicted | ||||||
23 | of, or entered a plea of guilty" regardless of whether the | ||||||
24 | adjudication of guilt or sentence is withheld or not entered | ||||||
25 | thereon. This includes sentences of supervision, conditional | ||||||
26 | discharge, or first offender probation, or any similar |
| |||||||
| |||||||
1 | disposition provided for by law. | ||||||
2 | (f) The Board shall by rule establish an application fee | ||||||
3 | waiver program for any person who meets one or more of the | ||||||
4 | following criteria: | ||||||
5 | (1) his or her available personal income is 200% or | ||||||
6 | less of the current poverty level; or | ||||||
7 | (2) he or she is, in the discretion of the Board, | ||||||
8 | unable to proceed in an action with payment of application | ||||||
9 | fee and payment of that fee would result in substantial | ||||||
10 | hardship to the person or the person's family.
| ||||||
11 | (Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20 .)
| ||||||
12 | (20 ILCS 2610/11.5 new) | ||||||
13 | Sec. 11.5. Merit Board annual report. | ||||||
14 | (a) The Illinois State Police Merit Board shall report | ||||||
15 | annually to the Governor and General Assembly the following | ||||||
16 | information: | ||||||
17 | (1) the number of state police officers terminated in | ||||||
18 | the preceding calendar year; | ||||||
19 | (2) the number of cadet written tests administered and | ||||||
20 | the pass and fail rate; | ||||||
21 | (3) cadet physical fitness testing and locations; | ||||||
22 | (4) the number of cadet applicants who administered a | ||||||
23 | physical fitness test and the pass and fail rate; | ||||||
24 | (5) the number of cadet applicants who failed the | ||||||
25 | background investigation and general categories for |
| |||||||
| |||||||
1 | failure; and | ||||||
2 | (6) the number of cadet applicants certified for each | ||||||
3 | cadet class. | ||||||
4 | (b) The Board shall also report the number of promotional | ||||||
5 | tests and assessments administered and the number of persons | ||||||
6 | who were certified for promotion. All reported categories and | ||||||
7 | data shall contain a gender and ethnic breakdown for those | ||||||
8 | individuals. The Illinois State Police shall cooperate with the | ||||||
9 | Board by providing any necessary information to complete this | ||||||
10 | annual report. The report shall also identify strategies for | ||||||
11 | promoting diversity and inclusion in all testing, including | ||||||
12 | promotional testing, and cadet recruitment, and barriers to | ||||||
13 | advancement of these goals. The first report shall be filed no | ||||||
14 | later than March 31, 2022.
| ||||||
15 | (20 ILCS 2610/11.6 new) | ||||||
16 | Sec. 11.6. Illinois State Police annual disciplinary data | ||||||
17 | report. | ||||||
18 | (a) The Illinois State Police shall report annually to the | ||||||
19 | Governor and General Assembly the following statistical | ||||||
20 | information, which may be part of its annual report, pursuant | ||||||
21 | to Section 5-650 of the Civil Administrative Code of Illinois: | ||||||
22 | (1) the number of complaints received in the preceding | ||||||
23 | calendar year against an Illinois State Police officer, | ||||||
24 | including but not limited to the race, gender, and type of | ||||||
25 | complaints received; |
| |||||||
| |||||||
1 | (2) the number of internal investigations initiated in | ||||||
2 | the preceding calendar year since the date of the last | ||||||
3 | report; | ||||||
4 | (3) the number of internal investigations concluded in | ||||||
5 | the preceding calendar year; | ||||||
6 | (4) the number of investigations pending as of the | ||||||
7 | reporting date; | ||||||
8 | (5) the number of Merit Board referrals; | ||||||
9 | (6) the number of officers decertified in the preceding | ||||||
10 | calendar year; and | ||||||
11 | (7) the number of investigations that led to a | ||||||
12 | determination of: administratively closed, exonerated, not | ||||||
13 | sustained, sustained, and unfounded. | ||||||
14 | (b) This report shall not contain any personal identifiable | ||||||
15 | information or case specific information. | ||||||
16 | (c) This report shall be filed beginning March 1, 2023, or | ||||||
17 | whenever the agency files its annual report.
| ||||||
18 | (20 ILCS 2610/12.6 new) | ||||||
19 | Sec. 12.6. Automatic termination of Illinois State Police | ||||||
20 | officers. The Board shall terminate a state police officer | ||||||
21 | convicted of a felony offense under the laws of this State or | ||||||
22 | any other state which if committed in this State would be | ||||||
23 | punishable as a felony. The Board must also terminate Illinois | ||||||
24 | State Police officers who were convicted of, or entered a plea | ||||||
25 | of guilty to, on or after the effective date of this amendatory |
| |||||||
| |||||||
1 | Act of the 101st General Assembly, any misdemeanor specified in | ||||||
2 | this Section or if committed in any other state would be an | ||||||
3 | offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, | ||||||
4 | 11-9.1, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.5, 16-1, | ||||||
5 | 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor | ||||||
6 | in violation of any section of Part E of Title III of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or | ||||||
8 | 32-7 of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
9 | or subsection (a) of Section 17-32 of the Criminal Code of 1961 | ||||||
10 | or the Criminal Code of 2012, to Section 5 or 5.2 of the | ||||||
11 | Cannabis Control Act, or any felony or misdemeanor in violation | ||||||
12 | of federal law or the law of any state that is the equivalent | ||||||
13 | of any of the offenses specified therein. The Illinois State | ||||||
14 | Police Merit Board shall report terminations under this Section | ||||||
15 | to the Officer Misconduct Database, provided in Section 9.2 of | ||||||
16 | the Illinois Police Training Act. For purposes of this section | ||||||
17 | "convicted of, or entered a plea of guilty" regardless of | ||||||
18 | whether the adjudication of guilt or sentence is withheld or | ||||||
19 | not entered thereon. This includes sentences of supervision, | ||||||
20 | conditional discharge, or first offender probation, or any | ||||||
21 | similar disposition provided for by law.
| ||||||
22 | (20 ILCS 2610/12.7 new) | ||||||
23 | Sec. 12.7. Discretionary termination of Illinois State | ||||||
24 | Police officers. | ||||||
25 |
(a) Definitions. For purposes of this Section 6.3: |
| |||||||
| |||||||
1 | "Duty to Intervene" means an obligation to intervene to | ||||||
2 | prevent harm from occurring that arises when an officer is | ||||||
3 | present and has reason to know: | ||||||
4 | (1) that excessive force is being used; or | ||||||
5 | (2) that any constitutional violation has been | ||||||
6 | committed by a law enforcement official; and the officer | ||||||
7 | has a realistic opportunity to intervene. | ||||||
8 | This duty applies equally to supervisory and | ||||||
9 | nonsupervisory officers. If aid is required, the officer | ||||||
10 | shall not, when reasonable to administer aid, knowingly and | ||||||
11 | willingly refuse to render aid as defined by State or | ||||||
12 | federal law. An officer does not violate this duty if the | ||||||
13 | failure to render aid is due to circumstances such as lack | ||||||
14 | of appropriate specialized training, lack of resources or | ||||||
15 | equipment, or both, or if it is unsafe or impracticable to | ||||||
16 | render aid. | ||||||
17 | "Excessive use of force" means using force in violation of | ||||||
18 | State or federal law. | ||||||
19 | "False statement" means: | ||||||
20 | (1) any knowingly false statement provided on a form or | ||||||
21 | report; | ||||||
22 | (2) that the writer does not believe to be true; and | ||||||
23 | (3) that the writer includes to mislead a public | ||||||
24 | servant in performing that public servant's official | ||||||
25 | functions. | ||||||
26 | "Perjury" has the meaning as defined under Sections 32-2 |
| |||||||
| |||||||
1 | and 32-3 of the Criminal Code of 2012. | ||||||
2 | "Tampers with or fabricates evidence" means if a law | ||||||
3 | enforcement officer: | ||||||
4 | (1) has reason to believe that an official proceeding | ||||||
5 | is pending or may be instituted; and | ||||||
6 | (2) alters, destroys, conceals, or removes any record, | ||||||
7 | document, data, video or thing to impair its validity or | ||||||
8 | availability in the proceeding. | ||||||
9 | (b) Discretionary termination conduct.
The Board may | ||||||
10 | terminate an Illinois State Police officer upon a determination | ||||||
11 | by the Board that the Illinois State Police officer has: | ||||||
12 | (1) committed an act that would constitute a felony or | ||||||
13 | misdemeanor which could serve as basis for automatic | ||||||
14 | decertification, whether or not the law enforcement | ||||||
15 | officer was criminally prosecuted, and whether or not the | ||||||
16 | law enforcement officer's employment was terminated; | ||||||
17 | (2) exercised excessive use of force; | ||||||
18 | (3) failed to comply with the officer's duty to | ||||||
19 | intervene, including through acts or omission; | ||||||
20 | (4) tampered with a dash camera or body-worn camera or | ||||||
21 | data recorded by a dash camera or body-worn camera or | ||||||
22 | directed another to tamper with or turn off a dash camera | ||||||
23 | or body-worn camera or data recorded by a dash camera or | ||||||
24 | body-worn camera for the purpose of concealing, destroying | ||||||
25 | or altering potential evidence; | ||||||
26 | (5) engaged in the following conduct relating to the |
| |||||||
| |||||||
1 | reporting, investigation, or prosecution of a crime: | ||||||
2 | committed perjury, made a false statement, or knowingly | ||||||
3 | tampered with or fabricated evidence; | ||||||
4 | (6) engaged in any unprofessional, unethical, | ||||||
5 | deceptive, or deleterious conduct or practice harmful to | ||||||
6 | the public; such conduct or practice need not have resulted | ||||||
7 | in actual injury to any person. As used in this paragraph, | ||||||
8 | the term "unprofessional conduct" shall include any | ||||||
9 | departure from, or failure to conform to, the minimal | ||||||
10 | standards of acceptable and prevailing practice of an | ||||||
11 | officer. | ||||||
12 | (b) If an officer enters a plea of guilty, nolo contendere, | ||||||
13 | stipulates to the facts or is found guilty of a violation of | ||||||
14 | any law, or if there is any other Board or judicial | ||||||
15 | determination that will support any punitive measure taken | ||||||
16 | against the officer, such action by the officer or judicial | ||||||
17 | entity may be considered for the purposes of this Section. | ||||||
18 | Termination under this Section shall be by clear and convincing | ||||||
19 | evidence. If the Board votes to terminate, the Board shall put | ||||||
20 | its decision in writing, setting forth the specific reasons for | ||||||
21 | its decision. Final decisions under this Section are reviewable | ||||||
22 | under the Administrative Review Law. | ||||||
23 | (c) The Illinois State Police Merit Board shall report all | ||||||
24 | terminations under this Section to the Officer Misconduct | ||||||
25 | Database, provided in Section 9.2 of the Illinois Police | ||||||
26 | Training Act. |
| |||||||
| |||||||
1 | (d) Nothing in this Act shall require an Illinois State | ||||||
2 | Police officer to waive any applicable constitutional rights. | ||||||
3 | (e) Nothing in this Section shall prohibit the Merit Board | ||||||
4 | from administering discipline up to and including termination | ||||||
5 | for violations of Illinois State Police policies and procedures | ||||||
6 | pursuant to other sections of this Act.
| ||||||
7 | (20 ILCS 2610/40.1 new) | ||||||
8 | Sec. 40.1. Mandated training compliance. The Director of | ||||||
9 | the Illinois State Police and the Illinois State Police Academy | ||||||
10 | shall ensure all Illinois State Police cadets and officers | ||||||
11 | comply with all statutory, regulatory, and department mandated | ||||||
12 | training.
| ||||||
13 | (20 ILCS 2610/46 new) | ||||||
14 | Sec. 46. Officer Professional Conduct Database; reporting, | ||||||
15 | transparency. | ||||||
16 | (a) The Illinois State Police Merit Board shall be | ||||||
17 | responsible for reporting all required information contained | ||||||
18 | in the Officer Misconduct Database, provided in Section 9.2 of | ||||||
19 | the Illinois Police Training Act. | ||||||
20 | (b) Before the Illinois State Police Merit Board certifies | ||||||
21 | any Illinois State Police Cadet the Board shall conduct a | ||||||
22 | search of all Illinois State Police Cadet applicants in the | ||||||
23 | Officer Professional Conduct Database. | ||||||
24 | (c) The database, documents, materials, or other |
| |||||||
| |||||||
1 | information in the possession or control of the Board that are | ||||||
2 | obtained by or disclosed to the Board pursuant to this | ||||||
3 | subsection shall be confidential by law and privileged, shall | ||||||
4 | not be subject to subpoena, and shall not be subject to | ||||||
5 | discovery or admissible in evidence in any private civil | ||||||
6 | action. However, the Board is authorized to use such documents, | ||||||
7 | materials, or other information in furtherance of any | ||||||
8 | regulatory or legal action brought as part of the Board's | ||||||
9 | official duties. Unless otherwise required by law, the Board | ||||||
10 | shall not disclose the database or make such documents, | ||||||
11 | materials, or other information public without the prior | ||||||
12 | written consent of the governmental agency and the law | ||||||
13 | enforcement officer. The Board nor any person who received | ||||||
14 | documents, materials or other information shared pursuant to | ||||||
15 | this subsection shall be required to testify in any private | ||||||
16 | civil action concerning the database or any confidential | ||||||
17 | documents, materials, or information subject to this | ||||||
18 | subsection. | ||||||
19 | Nothing in this Section shall exempt a governmental agency | ||||||
20 | from disclosing public records in accordance with the Freedom | ||||||
21 | of Information Act.
| ||||||
22 | Section 25-40. The Illinois Police Training Act is amended | ||||||
23 | by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10, | ||||||
24 | 10.1, 10.2, 10.3, 10.7, 10.11, 10.12, 10.13, 10.16, 10.18, | ||||||
25 | 10.19, 10.20, and 10.22 and by adding Sections 3.1, 6.3, 6.6, |
| |||||||
| |||||||
1 | 6.7, 8.3, 8.4, 9.2, and 13 as follows:
| ||||||
2 | (50 ILCS 705/2) (from Ch. 85, par. 502)
| ||||||
3 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
4 | context otherwise
requires:
| ||||||
5 | "Board" means the Illinois Law Enforcement Training | ||||||
6 | Standards Board.
| ||||||
7 | "Full-time law enforcement officer" means a law | ||||||
8 | enforcement officer who has completed the officer's | ||||||
9 | probationary period and is employed on a full-time basis as a | ||||||
10 | law enforcement officer by a local government agency, State | ||||||
11 | government agency, or as a campus police officer by a | ||||||
12 | participating State-controlled university, college, or public | ||||||
13 | community college. | ||||||
14 | "Governmental agency" means any local governmental agency | ||||||
15 | and any State governmental agency. | ||||||
16 | "Local governmental agency" means any local governmental | ||||||
17 | unit or
municipal corporation in this State. It does not | ||||||
18 | include the State of
Illinois or any office, officer, | ||||||
19 | department, division, bureau, board,
commission, or agency of | ||||||
20 | the State, except that it does include a
State-controlled | ||||||
21 | university, college or public community college.
| ||||||
22 | "State governmental agency" means any governmental unit of | ||||||
23 | this State. This includes any office, officer, department, | ||||||
24 | division, bureau, board, commission, or agency of the State. It | ||||||
25 | does not include the Illinois State Police as defined in the |
| |||||||
| |||||||
1 | State Police Act. | ||||||
2 | "Panel" means the Certification Review Panel. | ||||||
3 | "Police training school" means any school located within | ||||||
4 | the State of
Illinois whether privately or publicly owned which | ||||||
5 | offers a course in
police or county corrections training and | ||||||
6 | has been approved by the Board.
| ||||||
7 | "Probationary police officer" means a recruit law | ||||||
8 | enforcement officer
required to successfully complete initial | ||||||
9 | minimum basic training requirements
at a police training school | ||||||
10 | to be eligible for permanent full-time
employment as a local | ||||||
11 | law enforcement officer.
| ||||||
12 | "Probationary part-time police officer" means a recruit | ||||||
13 | part-time law
enforcement officer required to successfully | ||||||
14 | complete initial minimum part-time
training requirements to be | ||||||
15 | eligible for employment on a part-time basis as a
local law | ||||||
16 | enforcement officer.
| ||||||
17 | "Permanent law enforcement police officer" means a law | ||||||
18 | enforcement officer who has
completed the officer's his or her | ||||||
19 | probationary period and is permanently employed on a
full-time | ||||||
20 | basis as a local law enforcement officer by a participating | ||||||
21 | local
governmental unit or as a security officer or campus | ||||||
22 | police officer policeman permanently
employed by a | ||||||
23 | participating State-controlled university, college, or public
| ||||||
24 | community college.
| ||||||
25 | "Part-time law enforcement police officer" means a law | ||||||
26 | enforcement officer who has
completed the officer's his or her |
| |||||||
| |||||||
1 | probationary period and is employed on a part-time basis
as a | ||||||
2 | law enforcement officer by a participating unit of local | ||||||
3 | government or as
a campus police officer policeman by a | ||||||
4 | participating State-controlled university, college, or
public | ||||||
5 | community college.
| ||||||
6 | "Law enforcement officer" means (i) any police officer of a | ||||||
7 | local governmental
agency who is primarily responsible for
| ||||||
8 | prevention or detection of crime and the enforcement of the | ||||||
9 | criminal code,
traffic, or highway laws of this State or any | ||||||
10 | political subdivision
of this State or (ii) any member of a | ||||||
11 | police force appointed and maintained as provided in Section 2 | ||||||
12 | of the Railroad Police Act.
| ||||||
13 | "Recruit" means any full-time or part-time law
enforcement | ||||||
14 | officer or
full-time
county corrections officer who is enrolled | ||||||
15 | in an
approved training course.
| ||||||
16 | "Probationary county corrections officer" means a recruit | ||||||
17 | county
corrections officer required to successfully complete | ||||||
18 | initial minimum basic
training requirements at a police | ||||||
19 | training school to be eligible for permanent
employment on a | ||||||
20 | full-time basis as a county corrections officer.
| ||||||
21 | "Permanent county corrections officer" means a county | ||||||
22 | corrections
officer who has completed the officer's his | ||||||
23 | probationary period and is permanently employed
on a full-time | ||||||
24 | basis as a county corrections officer by a participating
local | ||||||
25 | governmental unit.
| ||||||
26 | "County corrections officer" means any sworn
officer of the |
| |||||||
| |||||||
1 | sheriff who is primarily responsible for the control and | ||||||
2 | custody
of offenders, detainees or inmates.
| ||||||
3 | "Probationary court security officer" means a recruit | ||||||
4 | court security
officer required to successfully complete | ||||||
5 | initial minimum basic training
requirements at a designated | ||||||
6 | training school to be eligible for employment as a
court | ||||||
7 | security officer.
| ||||||
8 | "Permanent court security officer" means a court security | ||||||
9 | officer who has
completed the officer's his or her probationary | ||||||
10 | period and is employed as a court
security officer by a | ||||||
11 | participating local governmental unit.
| ||||||
12 | "Court security officer" has the meaning ascribed to it in | ||||||
13 | Section 3-6012.1
of the Counties Code.
| ||||||
14 | (Source: P.A. 94-846, eff. 1-1-07.)
| ||||||
15 | (50 ILCS 705/3) (from Ch. 85, par. 503)
| ||||||
16 | Sec. 3. Board - composition - appointments - tenure - | ||||||
17 | vacancies. | ||||||
18 | (a) The Board
shall be composed of 18 members selected as | ||||||
19 | follows: The Attorney
General of
the State of Illinois, the | ||||||
20 | Director of State Police, the Director of
Corrections, the | ||||||
21 | Superintendent of the
Chicago Police Department, the Sheriff of | ||||||
22 | Cook County, the Clerk of the Circuit Court of Cook County, who | ||||||
23 | shall serve as ex officio members, and the following
to be | ||||||
24 | appointed by the Governor: 2 mayors or village presidents of | ||||||
25 | Illinois
municipalities, 2 Illinois county sheriffs from |
| |||||||
| |||||||
1 | counties other than Cook
County, 2 managers of Illinois | ||||||
2 | municipalities, 2 chiefs of municipal police
departments in | ||||||
3 | Illinois having no Superintendent of the Police Department on
| ||||||
4 | the Board, 2 citizens of Illinois who shall be members of
an | ||||||
5 | organized enforcement officers' association, one active member | ||||||
6 | of a statewide association representing sheriffs, and one | ||||||
7 | active member of a statewide association representing | ||||||
8 | municipal police chiefs. The appointments of the Governor
shall | ||||||
9 | be made on the first Monday of August in 1965 with 3 of the | ||||||
10 | appointments
to be for a period of one year, 3 for 2 years, and | ||||||
11 | 3 for 3 years. Their
successors shall be appointed in like | ||||||
12 | manner for terms to expire the first
Monday of August each 3 | ||||||
13 | years thereafter. All members shall serve until their
| ||||||
14 | respective successors are appointed and qualify. Vacancies | ||||||
15 | shall be filled by
the Governor for the unexpired terms. Any ex | ||||||
16 | officio member may appoint a designee to the Board who shall | ||||||
17 | have the same powers and immunities otherwise conferred to the | ||||||
18 | member of the Board, including the power to vote and be counted | ||||||
19 | toward quorum, so long as the member is not in attendance. | ||||||
20 | (b) When a Board member may have an actual, perceived, | ||||||
21 | or potential conflict of interest or appearance of bias that | ||||||
22 | could prevent the Board member from making a fair and impartial | ||||||
23 | decision regarding decertification: | ||||||
24 | (1) The Board member shall recuse himself or herself. | ||||||
25 | (2) If the Board member fails to recuse himself or | ||||||
26 | herself, then the Board may, by a simple majority of the |
| |||||||
| |||||||
1 | remaining members, vote to recuse the Board member. Board | ||||||
2 | members who are found to have voted on a matter in which | ||||||
3 | they should have recused themselves may be removed from the | ||||||
4 | Board by the Governor. | ||||||
5 | A conflict of interest or appearance of bias may include, | ||||||
6 | but is not limited to, matters where one of the following is a | ||||||
7 | party to a decision on a decertification or formal complaint: | ||||||
8 | someone with whom the member has an employment relationship; | ||||||
9 | any of the following relatives: spouse, parents, children, | ||||||
10 | adopted children, legal wards, stepchildren, step parents, | ||||||
11 | step siblings, half siblings, siblings, parents-in-law, | ||||||
12 | siblings-in-law, children-in-law, aunts, uncles, nieces, and | ||||||
13 | nephews; a friend; or a member of a professional organization, | ||||||
14 | association, or a union in which the member now actively | ||||||
15 | serves. | ||||||
16 | (c) A vacancy in members does not prevent a quorum of the | ||||||
17 | remaining sitting members from exercising all rights and | ||||||
18 | performing all duties of the Board. | ||||||
19 | (d) An individual serving on the Board shall not also serve | ||||||
20 | on the Panel.
| ||||||
21 | (Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
| ||||||
22 | (50 ILCS 705/3.1 new) | ||||||
23 | Sec. 3.1. Illinois Law Enforcement Certification Review | ||||||
24 | Panel. | ||||||
25 | (a) There is hereby created the Illinois Law Enforcement |
| |||||||
| |||||||
1 | Certification Review Panel. The Panel shall be composed of the | ||||||
2 | following members, to be appointed in accordance with this | ||||||
3 | Section no later than 30 days after the effective date of this | ||||||
4 | amendatory Act of the 101st General Assembly. An individual | ||||||
5 | serving on the Panel shall not also serve on the Board. | ||||||
6 | (1) The Governor shall appoint 3 members as prescribed | ||||||
7 | in this paragraph (1): one person who shall be an active | ||||||
8 | member from a statewide association representing State's | ||||||
9 | Attorneys; and 2 persons who shall be Illinois residents | ||||||
10 | who are from communities with disproportionately high | ||||||
11 | instances of interaction with law enforcement, as | ||||||
12 | indicated by a high need, underserved community with high | ||||||
13 | rates of gun violence, unemployment, child poverty, and | ||||||
14 | commitments to Illinois Department of Corrections, but who | ||||||
15 | are not themselves law enforcement officers. The initial | ||||||
16 | appointments of the Governor shall be for a period of 3 | ||||||
17 | years. Their successors shall be appointed in like manner | ||||||
18 | for terms to expire the first Monday of June each 3 years | ||||||
19 | thereafter. All members shall serve until their respective | ||||||
20 | successors are appointed and qualify. Vacancies shall be | ||||||
21 | filled by the Governor for the unexpired terms. Terms shall | ||||||
22 | run regardless of whether the position is vacant. | ||||||
23 | (2) The Attorney General shall appoint 8 members as | ||||||
24 | prescribed in this paragraph (2): two persons who shall be | ||||||
25 | active members of statewide organization representing more | ||||||
26 | than 20,000 active and retired law enforcement officers; |
| |||||||
| |||||||
1 | one person who shall be an active member of a statewide | ||||||
2 | association representing a minimum of 75 sheriffs; one | ||||||
3 | person who shall be an active member of a statewide | ||||||
4 | association representing at least 200 municipal police | ||||||
5 | chiefs; two persons who shall be active members of a | ||||||
6 | minority law enforcement association; one person who shall | ||||||
7 | be a representative of the victims' advocacy community but | ||||||
8 | shall not be a member of law enforcement; and one person | ||||||
9 | who shall be a resident of Illinois and shall not be an | ||||||
10 | employee of the Office of the Illinois Attorney General. | ||||||
11 | The members shall serve for a 3-year term and until their | ||||||
12 | respective successors are appointed and qualify. The | ||||||
13 | members' successors shall be appointed in like manner for | ||||||
14 | terms to expire the first Monday of June each 3 years | ||||||
15 | thereafter. Any vacancy of these positions shall be filled | ||||||
16 | by the Attorney General for the unexpired term. The term | ||||||
17 | shall run regardless of whether the position is vacant. | ||||||
18 | (b) The Panel shall annually elect by a simple majority | ||||||
19 | vote one of its members as chairperson and one of its members | ||||||
20 | as vice-chairperson. The vice-chairperson shall serve in the | ||||||
21 | place of the chairperson at any meeting of the Panel in which | ||||||
22 | the chairperson is not present. If both the chairperson and the | ||||||
23 | vice-chairperson are absent at any meeting, the members present | ||||||
24 | shall elect by a simple majority vote another member to serve | ||||||
25 | as a temporary chairperson for the limited purpose of that | ||||||
26 | meeting. No member shall be elected more than twice in |
| |||||||
| |||||||
1 | succession to the same office. Each member shall serve until | ||||||
2 | that member's successor has been elected and qualified. | ||||||
3 | (c) The Board shall provide administrative assistance to | ||||||
4 | the Panel. | ||||||
5 | (d) The members of the Panel shall serve without | ||||||
6 | compensation but shall be entitled to reimbursement for their | ||||||
7 | actual and necessary expenses in attending meetings and in the | ||||||
8 | performance of their duties hereunder. | ||||||
9 | (e) Members of the Panel will receive initial and annual | ||||||
10 | training that is adequate in quality, quantity, scope, and | ||||||
11 | type, and will cover, at minimum the following topics: | ||||||
12 | (1) constitutional and other relevant law on | ||||||
13 | police-community encounters, including the law on the use | ||||||
14 | of force and stops, searches, and arrests; | ||||||
15 | (2) police tactics; | ||||||
16 | (3) investigations of police conduct; | ||||||
17 | (4) impartial policing; | ||||||
18 | (5) policing individuals in crisis; | ||||||
19 | (6) Illinois police policies, procedures, and | ||||||
20 | disciplinary rules; | ||||||
21 | (7) procedural justice; and | ||||||
22 | (8) community outreach. | ||||||
23 | (f) The State shall indemnify and hold harmless members of | ||||||
24 | the Panel for all of their acts, omissions, decisions, or other | ||||||
25 | conduct
arising out of the scope of their service on the Panel, | ||||||
26 | except those involving willful or wanton misconduct. The method |
| |||||||
| |||||||
1 | of providing indemnification shall be as provided in the State | ||||||
2 | Employee Indemnification Act. | ||||||
3 | (g) When a Panel member may have an actual, perceived, or | ||||||
4 | potential conflict of interest or appearance of bias that could | ||||||
5 | prevent the Panel member from making a fair and impartial | ||||||
6 | decision on a complaint or formal complaint: | ||||||
7 | (1) The Panel member shall recuse himself or herself. | ||||||
8 | (2) If the Panel member fails to recuse himself or | ||||||
9 | herself, then the remaining members of the Panel may, by a | ||||||
10 | simple majority, vote to recuse the Panel member. Any Panel | ||||||
11 | member who is found to have voted on a matter in which they | ||||||
12 | should have recused themselves may be removed from the | ||||||
13 | Panel by the State official who initially appointed the | ||||||
14 | Panel member. A conflict of interest or appearance of bias | ||||||
15 | may include, but is not limited to, matters where one of | ||||||
16 | the following is a party to a certification decision for | ||||||
17 | formal complaint: someone with whom the member has an | ||||||
18 | employment relationship; any of the following relatives: | ||||||
19 | spouse, parents, children, adopted children, legal wards, | ||||||
20 | stepchildren, stepparents, step siblings, half siblings, | ||||||
21 | siblings, parents-in-law, siblings-in-law, | ||||||
22 | children-in-law, aunts, uncles, nieces, and nephews; a | ||||||
23 | friend; or a member of a professional organization, | ||||||
24 | association, or a union in which the member now actively | ||||||
25 | serves. | ||||||
26 | (h) A vacancy in membership does not impair the ability of |
| |||||||
| |||||||
1 | a quorum to exercise all rights and perform all duties of the | ||||||
2 | Panel.
| ||||||
3 | (50 ILCS 705/6) (from Ch. 85, par. 506)
| ||||||
4 | Sec. 6. Powers and duties of the Board; selection and | ||||||
5 | certification of schools. The Board shall select
and certify | ||||||
6 | schools within the State of
Illinois for the purpose of | ||||||
7 | providing basic training for probationary law enforcement
| ||||||
8 | police officers, probationary county corrections officers, and
| ||||||
9 | court security officers and
of providing advanced or in-service | ||||||
10 | training for permanent law enforcement police officers
or | ||||||
11 | permanent
county corrections officers, which schools may be | ||||||
12 | either publicly or
privately owned and operated. In addition, | ||||||
13 | the Board has the following
power and duties:
| ||||||
14 | a. To require local governmental units , to furnish such | ||||||
15 | reports and
information as the Board deems necessary to | ||||||
16 | fully implement this Act.
| ||||||
17 | b. To establish appropriate mandatory minimum | ||||||
18 | standards
relating to the training of probationary local | ||||||
19 | law enforcement officers
or probationary county | ||||||
20 | corrections officers, and in-service training of permanent | ||||||
21 | law enforcement police officers.
| ||||||
22 | c. To provide appropriate certification to those | ||||||
23 | probationary
officers who successfully complete the | ||||||
24 | prescribed minimum standard basic
training course.
| ||||||
25 | d. To review and approve annual training curriculum for |
| |||||||
| |||||||
1 | county sheriffs.
| ||||||
2 | e. To review and approve applicants to ensure that no | ||||||
3 | applicant is admitted
to a certified academy unless the | ||||||
4 | applicant is a person of good character
and has not been | ||||||
5 | convicted of, found guilty of, or entered a plea of guilty | ||||||
6 | to, or entered a plea of nolo contendere to a felony | ||||||
7 | offense, any of the
misdemeanors in Sections 11-1.50, 11-6, | ||||||
8 | 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-17, 11-19, | ||||||
9 | 11-30, 12-2, 12-3.2, 12-3.5, 12-15, 16-1,
17-1, 17-2, | ||||||
10 | 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in | ||||||
11 | violation of any Section of Part E of Title III of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012, 31-1, | ||||||
13 | 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code
of
1961 or | ||||||
14 | the Criminal Code of 2012, subdivision (a)(1) or (a)(2)(C) | ||||||
15 | of Section 11-14.3 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012, or subsection (a) of Section 17-32 | ||||||
17 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
18 | or Section 5 or 5.2 of the Cannabis Control Act, or a crime | ||||||
19 | involving
moral
turpitude under the laws of this State or | ||||||
20 | any other state which if
committed in this State would be | ||||||
21 | punishable as a felony or a crime of
moral turpitude , or | ||||||
22 | any felony or misdemeanor in violation of federal law or | ||||||
23 | the law of any state that is the equivalent of any of the | ||||||
24 | offenses specified therein . The Board may appoint | ||||||
25 | investigators who shall enforce
the duties conferred upon | ||||||
26 | the Board by this Act.
|
| |||||||
| |||||||
1 | f. For purposes of this paragraph (e), a person is | ||||||
2 | considered to have been "convicted of, found guilty of, or | ||||||
3 | entered a plea of guilty to, plea of nolo contendere to" | ||||||
4 | regardless of whether the adjudication of guilt or sentence | ||||||
5 | is withheld or not entered thereon. This includes sentences | ||||||
6 | of supervision, conditional discharge, or first offender | ||||||
7 | probation, or any similar disposition provided for by law. | ||||||
8 | g. To review and ensure all law enforcement officers | ||||||
9 | remain in compliance with this Act, and any administrative | ||||||
10 | rules adopted under this Act. | ||||||
11 | h. To suspend any certificate for a definite period, | ||||||
12 | limit or restrict any certificate, or revoke any | ||||||
13 | certificate. | ||||||
14 | i. The Board and the Panel shall have power to secure | ||||||
15 | by its subpoena and bring before it any person or entity in | ||||||
16 | this State and to take testimony either orally or by | ||||||
17 | deposition or both with the same fees and mileage and in | ||||||
18 | the same manner as prescribed by law in judicial | ||||||
19 | proceedings in civil cases in circuit courts of this State. | ||||||
20 | The Board and the Panel shall also have the power to | ||||||
21 | subpoena the production of documents, papers, files, | ||||||
22 | books, documents, and records, whether in physical or | ||||||
23 | electronic form, in support of the charges and for defense, | ||||||
24 | and in connection with a hearing or investigation. | ||||||
25 | j. The Executive Director, the administrative law | ||||||
26 | judge designated by the Executive Director, and each member |
| |||||||
| |||||||
1 | of the Board and the Panel shall have the power to | ||||||
2 | administer oaths to witnesses at any hearing that the Board | ||||||
3 | is authorized to conduct under this Act and any other oaths | ||||||
4 | required or authorized to be administered by the Board | ||||||
5 | under this Act. | ||||||
6 | k. In case of the neglect or refusal of any person to | ||||||
7 | obey a subpoena issued by the Board and the Panel, any | ||||||
8 | circuit court, upon application of the Board and the Panel, | ||||||
9 | through the Illinois Attorney General, may order such | ||||||
10 | person to appear before the Board and the Panel give | ||||||
11 | testimony or produce evidence, and any failure to obey such | ||||||
12 | order is punishable by the court as a contempt thereof. | ||||||
13 | This order may be served by personal delivery, by email, or | ||||||
14 | by mail to the address of record or email address of | ||||||
15 | record. | ||||||
16 | l. The Board shall have the power to administer state | ||||||
17 | certification examinations. Any and all records related to | ||||||
18 | these examinations, including but not limited to test | ||||||
19 | questions, test formats, digital files, answer responses, | ||||||
20 | answer keys, and scoring information shall be exempt from | ||||||
21 | disclosure. | ||||||
22 | (Source: P.A. 101-187, eff. 1-1-20 .)
| ||||||
23 | (50 ILCS 705/6.1)
| ||||||
24 | Sec. 6.1. Automatic Decertification of full-time and | ||||||
25 | part-time law enforcement police officers.
|
| |||||||
| |||||||
1 | (a) The Board must review law enforcement police officer | ||||||
2 | conduct and records to ensure that
no law enforcement
police | ||||||
3 | officer is certified
or provided a valid waiver if that law | ||||||
4 | enforcement police officer has been convicted of, found guilty | ||||||
5 | of, or entered a plea of guilty to, or entered a plea of nolo | ||||||
6 | contendere to, a
felony offense under the laws of this
State or | ||||||
7 | any other state which if committed in this State would be | ||||||
8 | punishable
as a felony. The Board must also
ensure that no law | ||||||
9 | enforcement police officer is certified or provided a valid | ||||||
10 | waiver if that law enforcement
police officer has been | ||||||
11 | convicted of, found guilty of, or entered a plea of guilty to, | ||||||
12 | on or
after the effective date of this amendatory Act of the | ||||||
13 | 101st General Assembly 1999 of any misdemeanor
specified in | ||||||
14 | this Section or if
committed in any other state would be an | ||||||
15 | offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
| ||||||
16 | 11-9.1, 11-14, 11-14.1, 11-17, 11-19, 11-30, 12-2, 12-3.2, | ||||||
17 | 12-3.5, 12-15, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, | ||||||
18 | 29-1, any misdemeanor in violation of any section of Part E of | ||||||
19 | Title III of the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012 31-1,
31-6, 31-7, 32-4a, or 32-7 of the
Criminal
Code of | ||||||
21 | 1961 or the Criminal Code of 2012 , to subdivision (a)(1) or | ||||||
22 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or | ||||||
23 | the Criminal Code of 2012, or subsection (a) of Section 17-32 | ||||||
24 | of the Criminal Code of 1961 or the Criminal Code of 2012, or | ||||||
25 | to Section 5 or
5.2 of the Cannabis Control Act , or any felony | ||||||
26 | or misdemeanor in violation of federal law or the law of any |
| |||||||
| |||||||
1 | state that is the equivalent of any of the offenses specified | ||||||
2 | therein . The Board must appoint investigators to
enforce the | ||||||
3 | duties conferred upon the
Board by this Act.
| ||||||
4 | (a-1) For purposes of this Section, a person is "convicted | ||||||
5 | of, or entered a plea of guilty to, plea of nolo contendere to, | ||||||
6 | found guilty of" regardless of whether the adjudication of | ||||||
7 | guilt or sentence is withheld or not entered thereon. This | ||||||
8 | includes sentences of supervision, conditional discharge, or | ||||||
9 | first offender probation, or any similar disposition provided | ||||||
10 | for by law. | ||||||
11 | (b) It is the responsibility of the sheriff or the chief | ||||||
12 | executive officer
of every governmental local law enforcement
| ||||||
13 | agency or department within this State to report to the Board | ||||||
14 | any arrest,
conviction, finding of guilt, or plea of guilty , or | ||||||
15 | plea of nolo contendere to, of any officer for an
offense | ||||||
16 | identified in this Section , regardless of whether the | ||||||
17 | adjudication of guilt or sentence is withheld or not entered | ||||||
18 | thereon, this includes sentences of supervision, conditional | ||||||
19 | discharge, or first offender probation .
| ||||||
20 | (c) It is the duty and responsibility of every full-time | ||||||
21 | and part-time law enforcement
police officer in this State to | ||||||
22 | report to
the Board within 14 30 days, and the officer's | ||||||
23 | sheriff or chief executive officer,
of the officer's his or her | ||||||
24 | arrest, conviction, found guilty of, or plea of guilty for
an | ||||||
25 | offense identified in this Section. Any full-time or part-time | ||||||
26 | law enforcement police
officer who knowingly makes, submits,
|
| |||||||
| |||||||
1 | causes to be submitted, or files a false or untruthful report | ||||||
2 | to the Board must
have the officer's his or her certificate or | ||||||
3 | waiver
immediately decertified or revoked.
| ||||||
4 | (d) Any person, or a local or State agency, or the Board is | ||||||
5 | immune from
liability for submitting,
disclosing, or releasing | ||||||
6 | information of arrests, convictions, or pleas of guilty in this | ||||||
7 | Section
as long as the information is
submitted, disclosed, or | ||||||
8 | released in good faith and without malice. The Board
has | ||||||
9 | qualified immunity for the
release of the information.
| ||||||
10 | (e) Any full-time or part-time law enforcement police | ||||||
11 | officer with a certificate or waiver
issued by the Board who is
| ||||||
12 | convicted of, found guilty of, or entered a plea of guilty to, | ||||||
13 | or entered a plea of nolo contendere to any offense described | ||||||
14 | in this Section immediately becomes
decertified or no longer | ||||||
15 | has a valid
waiver. The decertification and invalidity of | ||||||
16 | waivers occurs as a matter of
law. Failure of a convicted | ||||||
17 | person to
report to the Board the officer's his or her | ||||||
18 | conviction as described in this Section or any
continued law | ||||||
19 | enforcement practice
after receiving a conviction is a Class 4 | ||||||
20 | felony.
| ||||||
21 | For purposes of this Section, a person is considered to | ||||||
22 | have been "convicted of, found guilty of, or entered a plea of | ||||||
23 | guilty to, plea of nolo contendere to" regardless of whether | ||||||
24 | the adjudication of guilt or sentence is withheld or not | ||||||
25 | entered thereon, including sentences of supervision, | ||||||
26 | conditional discharge, first offender probation, or any |
| |||||||
| |||||||
1 | similar disposition as provided for by law. | ||||||
2 | (f) The Board's investigators shall be law enforcement | ||||||
3 | officers as defined in Section 2 of this Act are peace officers | ||||||
4 | and have all the powers
possessed by policemen in cities
and by | ||||||
5 | sheriff's, and these investigators may exercise those powers
| ||||||
6 | anywhere in the State.
An investigator shall not have peace | ||||||
7 | officer status or exercise police powers unless he or she | ||||||
8 | successfully completes the basic police training course | ||||||
9 | mandated and approved by the Board or the Board waives the | ||||||
10 | training requirement by reason of the investigator's prior law | ||||||
11 | enforcement experience, training, or both . The Board shall not | ||||||
12 | waive the training requirement unless the investigator has had | ||||||
13 | a minimum of 5 years experience as a sworn officer of a local, | ||||||
14 | State, or federal law enforcement agency. An investigator shall | ||||||
15 | not have been terminated for good cause, decertified, had his | ||||||
16 | or her law enforcement license or certificate revoked in this | ||||||
17 | or any other jurisdiction, or been convicted of any of the | ||||||
18 | conduct listed in subsection (a). Any complaint filed against | ||||||
19 | the Board's investigators shall be investigated by the Illinois | ||||||
20 | State Police.
| ||||||
21 | (g) The Board must request and receive information and | ||||||
22 | assistance from any
federal, state, or local
governmental | ||||||
23 | agency as part of the authorized criminal background
| ||||||
24 | investigation. The Department of State Police must process, | ||||||
25 | retain, and
additionally
provide
and disseminate information | ||||||
26 | to the Board concerning criminal charges, arrests,
|
| |||||||
| |||||||
1 | convictions, and their disposition, that have
been filed | ||||||
2 | before, on, or after the effective date of this amendatory Act | ||||||
3 | of
the 91st General Assembly against a basic academy applicant, | ||||||
4 | law enforcement
applicant, or law enforcement officer whose | ||||||
5 | fingerprint identification cards
are on file or maintained by | ||||||
6 | the Department of State Police. The Federal
Bureau
of
| ||||||
7 | Investigation must provide the Board any criminal history | ||||||
8 | record information
contained in its files pertaining to law
| ||||||
9 | enforcement officers or any applicant to a Board certified | ||||||
10 | basic law
enforcement academy as described in this Act
based on | ||||||
11 | fingerprint identification. The Board must make payment of fees | ||||||
12 | to the
Department of State Police for each
fingerprint card | ||||||
13 | submission in conformance with the requirements of paragraph
22 | ||||||
14 | of Section 55a of the Civil
Administrative Code of Illinois.
| ||||||
15 | (h) (Blank). A police officer who has been certified or | ||||||
16 | granted a valid waiver
shall
also be decertified or have his or | ||||||
17 | her waiver revoked upon a determination by
the Illinois Labor | ||||||
18 | Relations
Board State Panel
that
he or she, while under oath, | ||||||
19 | has knowingly and willfully made false statements
as
to a | ||||||
20 | material fact going to an element of the offense of murder. If | ||||||
21 | an appeal
is filed, the determination shall be stayed.
| ||||||
22 | (1) In the case of an acquittal on a charge of murder, | ||||||
23 | a verified
complaint may be filed:
| ||||||
24 | (A) by the defendant; or
| ||||||
25 | (B) by a police officer with personal knowledge of | ||||||
26 | perjured
testimony.
|
| |||||||
| |||||||
1 | The complaint must allege that a police officer, while | ||||||
2 | under oath, knowingly
and
willfully made false statements | ||||||
3 | as to a material fact going to an element of
the
offense of | ||||||
4 | murder. The verified complaint must be filed with the | ||||||
5 | Executive
Director of the Illinois Law Enforcement | ||||||
6 | Training Standards Board within 2
years of the judgment of | ||||||
7 | acquittal.
| ||||||
8 | (2) Within 30 days, the Executive Director of the | ||||||
9 | Illinois Law Enforcement
Training
Standards Board shall | ||||||
10 | review the verified complaint and determine whether the
| ||||||
11 | verified complaint is frivolous and without merit, or | ||||||
12 | whether further
investigation is
warranted. The Illinois | ||||||
13 | Law Enforcement Training Standards Board shall notify
the | ||||||
14 | officer and the Executive Director of the Illinois Labor | ||||||
15 | Relations Board
State Panel of the filing of the complaint | ||||||
16 | and any action taken thereon. If the
Executive Director of | ||||||
17 | the Illinois Law Enforcement Training
Standards Board | ||||||
18 | determines that the verified complaint is frivolous and | ||||||
19 | without
merit, it shall be dismissed. The Executive | ||||||
20 | Director of the Illinois Law
Enforcement Training | ||||||
21 | Standards Board has sole discretion to make this
| ||||||
22 | determination and this decision is not subject to appeal.
| ||||||
23 | (i) (Blank). If the Executive Director of the Illinois Law | ||||||
24 | Enforcement Training
Standards Board determines that the | ||||||
25 | verified complaint warrants further
investigation, he or she | ||||||
26 | shall refer the matter to a task force of
investigators
created |
| |||||||
| |||||||
1 | for this purpose. This task force shall consist of 8 sworn | ||||||
2 | police
officers: 2
from the Illinois State Police, 2 from the | ||||||
3 | City of Chicago Police Department, 2
from county police | ||||||
4 | departments, and 2 from municipal police departments.
These | ||||||
5 | investigators shall have a minimum of 5 years of experience in | ||||||
6 | conducting
criminal investigations. The investigators shall be | ||||||
7 | appointed by the Executive
Director of the Illinois Law | ||||||
8 | Enforcement Training Standards Board. Any officer
or officers | ||||||
9 | acting in this capacity pursuant to this statutory provision | ||||||
10 | will
have
statewide police authority while acting in this | ||||||
11 | investigative capacity. Their
salaries
and expenses for the | ||||||
12 | time spent conducting investigations under this paragraph
| ||||||
13 | shall be reimbursed by the Illinois Law Enforcement Training | ||||||
14 | Standards Board.
| ||||||
15 | (j) (Blank). Once the Executive Director of the Illinois | ||||||
16 | Law Enforcement Training
Standards Board has determined that an | ||||||
17 | investigation is warranted, the verified
complaint shall be | ||||||
18 | assigned to an investigator or investigators. The
investigator
| ||||||
19 | or investigators shall conduct an investigation of the verified | ||||||
20 | complaint and
shall
write a report of his or her findings. This | ||||||
21 | report shall be submitted to the
Executive Director of the | ||||||
22 | Illinois Labor Relations Board State Panel.
| ||||||
23 | Within 30 days, the Executive Director of the Illinois | ||||||
24 | Labor Relations Board
State Panel
shall review the | ||||||
25 | investigative report and determine whether sufficient evidence
| ||||||
26 | exists to
conduct an evidentiary hearing on the verified |
| |||||||
| |||||||
1 | complaint. If the Executive
Director of the Illinois Labor | ||||||
2 | Relations Board State Panel determines upon his
or
her review | ||||||
3 | of the investigatory report that a hearing should not be | ||||||
4 | conducted,
the
complaint shall be dismissed. This decision is | ||||||
5 | in the Executive Director's sole
discretion, and this dismissal | ||||||
6 | may not be appealed.
| ||||||
7 | If the Executive Director of the Illinois Labor Relations | ||||||
8 | Board
State Panel
determines that there is sufficient evidence | ||||||
9 | to warrant a hearing, a hearing
shall
be ordered on the | ||||||
10 | verified complaint, to be conducted by an administrative law
| ||||||
11 | judge employed by the Illinois Labor Relations Board State | ||||||
12 | Panel. The Executive
Director of the Illinois Labor Relations | ||||||
13 | Board State Panel shall inform the
Executive Director of the | ||||||
14 | Illinois Law Enforcement Training Standards Board and
the | ||||||
15 | person who filed the complaint of either the dismissal of the | ||||||
16 | complaint or
the
issuance of the complaint for hearing.
The | ||||||
17 | Executive Director shall assign the complaint to the
| ||||||
18 | administrative law judge within 30 days
of the
decision | ||||||
19 | granting a hearing.
| ||||||
20 | (k) (Blank). In the case of a finding of guilt on the | ||||||
21 | offense of murder, if a new
trial
is
granted on direct appeal, | ||||||
22 | or a state post-conviction evidentiary hearing is
ordered, | ||||||
23 | based on a claim that a police officer, under oath, knowingly | ||||||
24 | and
willfully made false statements as to a material fact going | ||||||
25 | to an element of
the
offense of murder, the Illinois Labor | ||||||
26 | Relations Board State Panel shall hold a
hearing
to
determine |
| |||||||
| |||||||
1 | whether the officer should be decertified if an interested | ||||||
2 | party
requests such a hearing within 2 years of the court's | ||||||
3 | decision. The complaint
shall be assigned to an administrative | ||||||
4 | law judge within 30 days so that a
hearing can be scheduled.
| ||||||
5 | At the hearing, the accused officer shall be afforded the | ||||||
6 | opportunity to:
| ||||||
7 | (1) Be represented by counsel of his or her own | ||||||
8 | choosing;
| ||||||
9 | (2) Be heard in his or her own defense;
| ||||||
10 | (3) Produce evidence in his or her defense;
| ||||||
11 | (4) Request that the Illinois Labor Relations Board | ||||||
12 | State Panel compel the
attendance of witnesses and | ||||||
13 | production of related documents including but not
limited | ||||||
14 | to court documents and records.
| ||||||
15 | Once a case has been set for hearing, the verified | ||||||
16 | complaint shall be
referred to the Department of Professional | ||||||
17 | Regulation. That office shall
prosecute the verified complaint | ||||||
18 | at the hearing before the administrative law
judge. The | ||||||
19 | Department of Professional Regulation shall have the | ||||||
20 | opportunity to
produce evidence to support the verified | ||||||
21 | complaint and to request the Illinois
Labor
Relations Board | ||||||
22 | State Panel to compel the attendance of witnesses and the
| ||||||
23 | production of related documents, including, but not limited to, | ||||||
24 | court documents
and records. The Illinois Labor Relations Board | ||||||
25 | State Panel shall have the
power
to issue subpoenas requiring | ||||||
26 | the attendance of and testimony of witnesses and
the production |
| |||||||
| |||||||
1 | of related documents including, but not limited to, court
| ||||||
2 | documents and records and shall have the power to administer | ||||||
3 | oaths.
| ||||||
4 | The administrative law judge shall have the responsibility | ||||||
5 | of receiving into
evidence relevant testimony and documents, | ||||||
6 | including court records, to support
or disprove the allegations | ||||||
7 | made by the person filing the verified complaint
and,
at the | ||||||
8 | close of the case, hear arguments. If the administrative law | ||||||
9 | judge finds
that there is not clear and convincing evidence to | ||||||
10 | support the verified
complaint
that the police officer has, | ||||||
11 | while under oath, knowingly and willfully made
false
statements | ||||||
12 | as to a material fact going to an element of the offense of | ||||||
13 | murder,
the
administrative law judge shall make a written | ||||||
14 | recommendation of dismissal to
the
Illinois Labor Relations | ||||||
15 | Board State Panel. If the administrative law judge
finds
that | ||||||
16 | there is clear and convincing evidence that the police officer | ||||||
17 | has, while
under
oath, knowingly and willfully made false | ||||||
18 | statements as to a material fact that
goes to an element of the | ||||||
19 | offense of murder, the administrative law judge shall
make a | ||||||
20 | written recommendation so concluding to the Illinois Labor | ||||||
21 | Relations
Board State Panel. The hearings shall be transcribed.
| ||||||
22 | The Executive
Director of the Illinois Law Enforcement Training | ||||||
23 | Standards Board shall be
informed of the
administrative law | ||||||
24 | judge's recommended findings and decision and the Illinois
| ||||||
25 | Labor Relations Board State Panel's subsequent review of the | ||||||
26 | recommendation.
|
| |||||||
| |||||||
1 | (l) (Blank). An officer named in any complaint filed | ||||||
2 | pursuant to this Act shall be
indemnified for his or her | ||||||
3 | reasonable attorney's fees and costs by his or her
employer. | ||||||
4 | These fees shall be paid in a regular and timely manner. The | ||||||
5 | State,
upon application by the public employer, shall reimburse | ||||||
6 | the public employer
for
the accused officer's reasonable | ||||||
7 | attorney's fees and costs. At no time and
under
no | ||||||
8 | circumstances will the accused officer be required to pay his | ||||||
9 | or her own
reasonable attorney's fees or costs.
| ||||||
10 | (m) (Blank). The accused officer shall not be placed on | ||||||
11 | unpaid status because of
the filing or processing of the | ||||||
12 | verified complaint until there is a final
non-appealable order | ||||||
13 | sustaining his or her guilt and his or her certification
is
| ||||||
14 | revoked.
Nothing in this Act, however, restricts the public | ||||||
15 | employer from pursuing
discipline against the officer in the | ||||||
16 | normal course and under procedures then
in
place.
| ||||||
17 | (n) (Blank). The Illinois Labor Relations Board State Panel | ||||||
18 | shall review the
administrative law judge's recommended | ||||||
19 | decision and order and determine by a
majority vote whether or | ||||||
20 | not there was clear and convincing evidence that the
accused | ||||||
21 | officer, while under oath, knowingly and willfully made false
| ||||||
22 | statements
as to a material fact going to the offense of | ||||||
23 | murder. Within 30 days of service
of
the administrative law | ||||||
24 | judge's recommended decision and order, the parties may
file | ||||||
25 | exceptions to the recommended decision and order and briefs in | ||||||
26 | support of
their exceptions with the Illinois Labor Relations |
| |||||||
| |||||||
1 | Board State Panel. The
parties
may file responses to the | ||||||
2 | exceptions and briefs in support of the responses no
later than | ||||||
3 | 15 days after the service of the exceptions. If exceptions are | ||||||
4 | filed
by
any of the parties, the Illinois Labor Relations Board | ||||||
5 | State Panel shall review
the
matter and make a finding to | ||||||
6 | uphold, vacate, or modify the recommended
decision and order. | ||||||
7 | If the Illinois Labor Relations Board State Panel concludes
| ||||||
8 | that there is clear and convincing evidence that the accused | ||||||
9 | officer, while
under
oath, knowingly and willfully made false | ||||||
10 | statements as to a material fact going
to
an element of the | ||||||
11 | offense murder, the Illinois Labor Relations Board State
Panel
| ||||||
12 | shall inform the Illinois Law Enforcement Training Standards | ||||||
13 | Board and the
Illinois Law Enforcement Training Standards Board | ||||||
14 | shall revoke the accused
officer's certification. If the | ||||||
15 | accused officer appeals that determination to
the
Appellate | ||||||
16 | Court, as provided by this Act, he or she may petition the | ||||||
17 | Appellate
Court to stay the revocation of his or her | ||||||
18 | certification pending the court's
review
of the matter.
| ||||||
19 | (o) (Blank). None of the Illinois Labor Relations Board | ||||||
20 | State Panel's findings or
determinations shall set any | ||||||
21 | precedent in any of its decisions decided pursuant
to the | ||||||
22 | Illinois Public Labor Relations Act by the Illinois Labor | ||||||
23 | Relations
Board
State
Panel or the courts.
| ||||||
24 | (p) (Blank). A party aggrieved by the final order of the | ||||||
25 | Illinois Labor Relations
Board State Panel may apply for and | ||||||
26 | obtain judicial review of an order of the
Illinois Labor |
| |||||||
| |||||||
1 | Relations Board State Panel, in accordance with the provisions
| ||||||
2 | of
the Administrative Review Law, except that such judicial | ||||||
3 | review shall be
afforded
directly in the Appellate Court for | ||||||
4 | the district in which the accused officer
resides.
Any direct | ||||||
5 | appeal to the Appellate Court shall be filed within 35 days | ||||||
6 | from the
date that a copy of the decision sought to be reviewed | ||||||
7 | was served upon the
party
affected by the decision.
| ||||||
8 | (q) (Blank). Interested parties. Only interested parties | ||||||
9 | to the criminal prosecution
in
which the police officer | ||||||
10 | allegedly, while under oath, knowingly and willfully
made
false | ||||||
11 | statements as to a material fact going to an element of the | ||||||
12 | offense of
murder may file a verified complaint pursuant to | ||||||
13 | this Section. For purposes of
this Section, "interested | ||||||
14 | parties" shall be limited to the defendant and any
police
| ||||||
15 | officer who has personal knowledge that the police officer who | ||||||
16 | is the subject
of
the complaint has, while under oath, | ||||||
17 | knowingly and willfully made false
statements
as
to a material | ||||||
18 | fact going to an element of the offense of murder.
| ||||||
19 | (r) (Blank). Semi-annual reports. The Executive Director | ||||||
20 | of the Illinois Labor
Relations Board shall submit semi-annual | ||||||
21 | reports to the Governor, President,
and
Minority Leader of the | ||||||
22 | Senate, and to the Speaker and Minority Leader of the
House
of | ||||||
23 | Representatives beginning on June 30, 2004, indicating:
| ||||||
24 | (1) the number of verified complaints received since | ||||||
25 | the date of the
last
report;
| ||||||
26 | (2) the number of investigations initiated since the |
| |||||||
| |||||||
1 | date of the last
report;
| ||||||
2 | (3) the number of investigations concluded since the | ||||||
3 | date of the last
report;
| ||||||
4 | (4) the number of investigations pending as of the | ||||||
5 | reporting date;
| ||||||
6 | (5) the number of hearings held since the date of the | ||||||
7 | last report; and
| ||||||
8 | (6) the number of officers decertified since the date | ||||||
9 | of the last
report.
| ||||||
10 | (Source: P.A. 101-187, eff. 1-1-20 .)
| ||||||
11 | (50 ILCS 705/6.3 new) | ||||||
12 | Sec. 6.3. Discretionary decertification of full-time and | ||||||
13 | part-time law enforcement officers. | ||||||
14 | (a) Definitions. For purposes of this Section 6.3: | ||||||
15 | "Duty to Intervene" means an obligation to intervene to | ||||||
16 | prevent harm from occurring that arises when: an officer is | ||||||
17 | present, and has reason to know (1) that excessive force is | ||||||
18 | being used or that any constitutional violation has been | ||||||
19 | committed by a law enforcement official; and (2) the officer | ||||||
20 | has a realistic opportunity to intervene. This duty applies | ||||||
21 | equally to supervisory and nonsupervisory officers. If aid is | ||||||
22 | required, the officer shall not, when reasonable to administer | ||||||
23 | aid, knowingly and willingly refuse to render aid as defined by | ||||||
24 | State or federal law. An officer does not violate this duty if | ||||||
25 | the failure to render aid is due to circumstances such as lack |
| |||||||
| |||||||
1 | of appropriate specialized training, lack of resources or | ||||||
2 | equipment, or if it is unsafe or impracticable to render aid. | ||||||
3 | "Excessive use of force" means using force in violation of | ||||||
4 | State or federal law. | ||||||
5 | "False statement" means (1) any knowingly false statement | ||||||
6 | provided on a form or report, (2) that the writer does not | ||||||
7 | believe to be true, and (3) that the writer includes to mislead | ||||||
8 | a public servant in performing the public servant's official | ||||||
9 | functions. | ||||||
10 | "Perjury" means that as defined under Sections 32-2 and | ||||||
11 | 32-3 of the Criminal Code of 2012. | ||||||
12 | "Tampers with or fabricates evidence" means if a law | ||||||
13 | enforcement officer (1) has reason to believe that an official | ||||||
14 | proceeding is pending or may be instituted, and (2) alters, | ||||||
15 | destroys, conceals, or removes any record, document, data, | ||||||
16 | video or thing to impair its validity or availability in the | ||||||
17 | proceeding. | ||||||
18 | (b) Decertification conduct.
The Board has the authority to | ||||||
19 | decertify a full-time or a part-time law enforcement officer | ||||||
20 | upon a determination by the Board that the law enforcement | ||||||
21 | officer has: | ||||||
22 | (1) committed an act that would constitute a felony or | ||||||
23 | misdemeanor which could serve as basis for automatic | ||||||
24 | decertification, whether or not the law enforcement | ||||||
25 | officer was criminally prosecuted, and whether or not the | ||||||
26 | law enforcement officer's employment was terminated; |
| |||||||
| |||||||
1 | (2) exercised excessive use of force; | ||||||
2 | (3) failed to comply with the officer's duty to | ||||||
3 | intervene, including through acts or omissions; | ||||||
4 | (4) tampered with a dash camera or body-worn camera or | ||||||
5 | data recorded by a dash camera or body-worn camera or | ||||||
6 | directed another to tamper with or turn off a dash camera | ||||||
7 | or body-worn camera or data recorded by a dash camera or | ||||||
8 | body-worn camera for the purpose of concealing, destroying | ||||||
9 | or altering potential evidence; | ||||||
10 | (5) engaged in the following conduct relating to the | ||||||
11 | reporting, investigation, or prosecution of a crime: | ||||||
12 | committed perjury, made a false statement, or knowingly | ||||||
13 | tampered with or fabricated evidence; and | ||||||
14 | (6) engaged in any unprofessional, unethical, | ||||||
15 | deceptive, or deleterious conduct or practice harmful to | ||||||
16 | the public; such conduct or practice need not have resulted | ||||||
17 | in actual injury to any person. As used in this paragraph, | ||||||
18 | the term "unprofessional conduct" shall include any | ||||||
19 | departure from, or failure to conform to, the minimal | ||||||
20 | standards of acceptable and prevailing practice of an | ||||||
21 | officer. | ||||||
22 | (c) Notice of Alleged Violation. | ||||||
23 | (1) The following individuals and agencies shall | ||||||
24 | notify the Board within 7 days of becoming aware of any | ||||||
25 | violation described in subsection (b): | ||||||
26 | (A) A governmental agency as defined in Section 2
|
| |||||||
| |||||||
1 | or any law enforcement officer of this State. For this | ||||||
2 | subsection (c), governmental agency includes, but is | ||||||
3 | not limited to, a civilian review board,
an inspector | ||||||
4 | general, and legal counsel for a
government agency. | ||||||
5 | (B) The Executive Director of the Board; | ||||||
6 | (C) A State's Attorney's Office of this State. | ||||||
7 | "Becoming aware" does not include confidential | ||||||
8 | communications between agency lawyers and agencies | ||||||
9 | regarding legal advice. For purposes of this subsection, | ||||||
10 | "governmental agency" does not include the Illinois
| ||||||
11 | Attorney General when providing legal representation to a | ||||||
12 | law enforcement officer under the State Employee | ||||||
13 | Indemnification Act. | ||||||
14 | (2) Any person may also notify the Board of any conduct | ||||||
15 | the person believes a law enforcement officer has committed | ||||||
16 | as described in subsection (b). Such notifications may be | ||||||
17 | made confidentially. Notwithstanding any other provision | ||||||
18 | in state law or any collective bargaining agreement, the | ||||||
19 | Board shall accept notice and investigate any allegations | ||||||
20 | from individuals who remain confidential. | ||||||
21 | (3) Upon written request, the Board shall disclose to | ||||||
22 | the individual or entity who filed a notice of violation | ||||||
23 | the status of the Board's review. | ||||||
24 | (d) Form. The notice of violation reported under subsection | ||||||
25 | (c) shall be on a form prescribed by the Board in its rules. | ||||||
26 | The form shall be publicly available by paper and electronic |
| |||||||
| |||||||
1 | means. The form shall include fields for the following | ||||||
2 | information, at a minimum: | ||||||
3 | (1) the full name, address, and telephone number of the
| ||||||
4 | person submitting the notice; | ||||||
5 | (2) if submitted under subsection (c)(1), the agency | ||||||
6 | name
and title of the person submitting the notice; | ||||||
7 | (3) the full name, badge number, governmental agency, | ||||||
8 | and physical description of the officer, if known; | ||||||
9 | (4) the full name or names, address or addresses, | ||||||
10 | telephone number or numbers, and physical description or | ||||||
11 | descriptions of any witnesses, if known; | ||||||
12 | (5) a concise statement of facts that describe the | ||||||
13 | alleged violation and any copies of supporting evidence | ||||||
14 | including but not limited to any photographic, video, or | ||||||
15 | audio recordings of the incident; | ||||||
16 | (6) whether the person submitting the notice has | ||||||
17 | notified any other agency; and | ||||||
18 | (7) an option for an individual, who submits directly | ||||||
19 | to the Board, to consent to have the individual's identity | ||||||
20 | disclosed. | ||||||
21 | (a) The identity of any individual providing | ||||||
22 | information or reporting any possible or alleged | ||||||
23 | violation to the Board shall be kept confidential and | ||||||
24 | may not be disclosed without the consent of that | ||||||
25 | individual, unless the individual consents to | ||||||
26 | disclosure of the individual's name or disclosure of |
| |||||||
| |||||||
1 | the individual's identity is otherwise required by | ||||||
2 | law. The confidentiality granted by this subsection | ||||||
3 | does not preclude the disclosure of the identity of a | ||||||
4 | person in any capacity other than as the source of an | ||||||
5 | allegation. | ||||||
6 | Nothing in this subsection (d) shall preclude the Board | ||||||
7 | from receiving, investigating, or acting upon allegations made | ||||||
8 | confidentially or in a format different from the form provided | ||||||
9 | for in this subsection. | ||||||
10 | (e) Preliminary review. | ||||||
11 | (1) The Board shall complete a preliminary review of | ||||||
12 | the allegations to determine whether there is sufficient | ||||||
13 | information to warrant a further investigation of any | ||||||
14 | violations of the Act. Upon initiating a preliminary review | ||||||
15 | of the allegations, the Board shall notify the head of the | ||||||
16 | governmental agency that employs the law enforcement | ||||||
17 | officer who is the subject of the allegations. At the | ||||||
18 | request of the Board, the governmental agency must submit | ||||||
19 | any copies of investigative findings, evidence, or | ||||||
20 | documentation to the Board in accordance with rules adopted | ||||||
21 | by the Board to facilitate the Board's preliminary review. | ||||||
22 | The Board may correspond with the governmental agency, | ||||||
23 | official records clerks or any investigative agencies in | ||||||
24 | conducting its preliminary review. | ||||||
25 | (2) During the preliminary review, the Board will take | ||||||
26 | all reasonable steps to discover any and all objective |
| |||||||
| |||||||
1 | verifiable evidence relevant to the alleged violation | ||||||
2 | through the identification, retention, review, and | ||||||
3 | analysis of all currently available evidence, including, | ||||||
4 | but not limited to: all time-sensitive evidence, audio and | ||||||
5 | video evidence, physical evidence, arrest reports, | ||||||
6 | photographic evidence, GPS records, computer data, lab | ||||||
7 | reports, medical documents, and witness interviews. All | ||||||
8 | reasonable steps will be taken to preserve relevant | ||||||
9 | evidence identified during the preliminary investigation. | ||||||
10 | (3) If after a preliminary review of the alleged | ||||||
11 | violation or violations, the Board believes there is | ||||||
12 | sufficient information to warrant further investigation of | ||||||
13 | any violations of this Act, the alleged violation or | ||||||
14 | violations shall be assigned for investigation in | ||||||
15 | accordance with subsection (f). | ||||||
16 | (4) If after a review of the allegations, the Board | ||||||
17 | believes there is insufficient information supporting the | ||||||
18 | allegations to warrant further investigation, it may close | ||||||
19 | a notice. Notification of the Board's decision to close a | ||||||
20 | notice shall be sent to all relevant individuals, agencies, | ||||||
21 | and any entities that received notice of the violation | ||||||
22 | under subsection (c) within 30 days of the notice being | ||||||
23 | closed, except in cases where the notice is submitted | ||||||
24 | anonymously if the complainant is unknown. | ||||||
25 | (5) Except when the Board has received notice under | ||||||
26 | subparagraph (A) of paragraph (1) of subsection (c), no |
| |||||||
| |||||||
1 | later than 30 days after receiving notice, the Board shall | ||||||
2 | report any notice of violation it
receives to the relevant | ||||||
3 | governmental agency, unless reporting the notice would | ||||||
4 | jeopardize any subsequent investigation. The Board shall | ||||||
5 | also record any notice of violation it receives to the | ||||||
6 | Officer Professional Conduct Database in accordance with | ||||||
7 | Section 9.2. The Board shall report to the appropriate | ||||||
8 | State's Attorney any alleged violations that contain | ||||||
9 | allegations, claims, or factual assertions that, if true, | ||||||
10 | would constitute a violation of Illinois law. The Board | ||||||
11 | shall inform the law enforcement officer via certified mail | ||||||
12 | that it has received a notice of violation against the law | ||||||
13 | enforcement officer. | ||||||
14 | If the Board determines that due to the circumstances | ||||||
15 | and the nature of the allegation that it would not be | ||||||
16 | prudent to notify the law enforcement officer and the | ||||||
17 | officer's governmental agency unless and until the filing | ||||||
18 | of a Formal Complaint, the Board shall document in the file | ||||||
19 | the reason or reasons a notification was not made. | ||||||
20 | (6) If a criminal proceeding has been initiated against | ||||||
21 | the law enforcement officer, the Board is responsible for | ||||||
22 | maintaining a current status report including court dates, | ||||||
23 | hearings, pleas, adjudication status and sentencing. A | ||||||
24 | State's Attorney's Office is responsible for notifying the | ||||||
25 | Board of any criminal charges filed against a law | ||||||
26 | enforcement officer. |
| |||||||
| |||||||
1 | (f) Investigations; requirements. Investigations are to be | ||||||
2 | assigned after a preliminary review, unless the investigations | ||||||
3 | were closed under paragraph (4) of subsection (e), as follows | ||||||
4 | in paragraphs (1), (2), and (3) of this subsection (f). | ||||||
5 | (1) A governmental agency that submits a notice of | ||||||
6 | violation to the Board under subparagraph (A) of paragraph | ||||||
7 | (1) of subsection (c) shall be responsible for conducting | ||||||
8 | an investigation of the underlying allegations except | ||||||
9 | when: (i) the governmental agency refers the notice to | ||||||
10 | another governmental agency or the Board for investigation | ||||||
11 | and such other agency or the Board agrees to conduct the | ||||||
12 | investigation; (ii) an external, independent, or civilian | ||||||
13 | oversight agency conducts the investigation in accordance | ||||||
14 | with local ordinance or other applicable law; or (iii) the | ||||||
15 | Board has determined that it will conduct the investigation | ||||||
16 | based upon the facts and circumstances of the alleged | ||||||
17 | violation, including but not limited to, investigations | ||||||
18 | regarding the Chief or Sheriff of a governmental agency, | ||||||
19 | familial conflict of interests, complaints involving a | ||||||
20 | substantial portion of a governmental agency, or | ||||||
21 | complaints involving a policy of a governmental agency. Any | ||||||
22 | agency or entity conducting an investigation under this | ||||||
23 | paragraph (1) shall, within 7 days of completing an | ||||||
24 | investigation, deliver an Investigative Summary Report and | ||||||
25 | copies of any administrative evidence to the Board. If the | ||||||
26 | Board finds an investigation conducted under this |
| |||||||
| |||||||
1 | paragraph (1) is incomplete, unsatisfactory, or deficient | ||||||
2 | in any way, the Board may direct the investigating entity | ||||||
3 | or agency to take any additional investigative steps deemed | ||||||
4 | necessary to thoroughly and satisfactorily complete the | ||||||
5 | investigation, or the Board may take any steps necessary to | ||||||
6 | complete the investigation. The investigating entity or | ||||||
7 | agency or, when necessary, the Board will then amend and | ||||||
8 | re-submit the Investigative Summary Report to the Board for | ||||||
9 | approval. | ||||||
10 | (2) The Board shall investigate and complete an
| ||||||
11 | Investigative Summary Report when a State's Attorney's | ||||||
12 | Office
submits a notice of violation to the Board under
| ||||||
13 | (c)(1)(C). | ||||||
14 | (3) When a person submits a notice to the Board under | ||||||
15 | paragraph (2) of subsection (c), The Board shall assign the | ||||||
16 | investigation to the governmental agency that employs the | ||||||
17 | law enforcement officer, except when: (i) the governmental | ||||||
18 | agency requests to refer the notice to another governmental | ||||||
19 | agency or the Board for investigation and such other agency | ||||||
20 | or the Board agrees to conduct the investigation; (ii) an | ||||||
21 | external, independent, or civilian oversight agency | ||||||
22 | conducts the investigation in accordance with local | ||||||
23 | ordinance or other applicable law; or (iii) the Board has | ||||||
24 | determined that it will conduct the investigation based | ||||||
25 | upon the facts and circumstances of the alleged violation, | ||||||
26 | including but not limited to, investigations regarding the |
| |||||||
| |||||||
1 | Chief or Sheriff of a governmental agency, familial | ||||||
2 | conflict of interests, complaints involving a substantial | ||||||
3 | portion of a governmental agency, or complaints involving a | ||||||
4 | policy of a governmental agency. The investigating entity | ||||||
5 | or agency shall, within 7 days of completing an | ||||||
6 | investigation, deliver an Investigative Summary Report and | ||||||
7 | copies of any evidence to the Board. If the Board finds an | ||||||
8 | investigation conducted under this subsection (f)(3) is | ||||||
9 | incomplete, unsatisfactory, or deficient in any way, the | ||||||
10 | Board may direct the investigating entity to take any | ||||||
11 | additional investigative steps deemed necessary to | ||||||
12 | thoroughly and satisfactorily complete the investigation, | ||||||
13 | or the Board may take any steps necessary to complete the | ||||||
14 | investigation. The investigating entity or agency or, when | ||||||
15 | necessary, the Board will then amend and re-submit The | ||||||
16 | Investigative Summary Report to the Board for approval. The | ||||||
17 | investigating entity shall cooperate with and assist the | ||||||
18 | Board, as necessary, in any subsequent investigation. | ||||||
19 | (4) Concurrent Investigations. The Board may, at any | ||||||
20 | point, initiate a concurrent investigation under this | ||||||
21 | section. The original investigating entity shall timely | ||||||
22 | communicate, coordinate, and cooperate with the Board to | ||||||
23 | the fullest extent. The Board shall promulgate rules that | ||||||
24 | shall address, at a minimum, the sharing of information and | ||||||
25 | investigative means such as subpoenas and interviewing | ||||||
26 | witnesses. |
| |||||||
| |||||||
1 | (5) Investigative Summary Report. An Investigative | ||||||
2 | Summary Report shall contain, at a minimum, the allegations | ||||||
3 | and elements within each allegation followed by the | ||||||
4 | testimonial, documentary, or physical evidence that is | ||||||
5 | relevant to each such allegation or element listed and | ||||||
6 | discussed in association with it. All persons who have been | ||||||
7 | interviewed and listed in the Investigative
Summary Report | ||||||
8 | will be identified as a complainant, witness, person with | ||||||
9 | specialized knowledge, or law enforcement employee. | ||||||
10 | (6) Each governmental agency shall adopt a written | ||||||
11 | policy regarding the investigation of conduct under | ||||||
12 | subsection (a) that involves a law enforcement officer | ||||||
13 | employed by that governmental agency. The written policy | ||||||
14 | adopted must include the following, at a minimum: | ||||||
15 | (a) Each law enforcement officer shall immediately | ||||||
16 | report
any conduct under subsection (b) to the | ||||||
17 | appropriate
supervising officer. | ||||||
18 | (b) The written policy under this Section shall be
| ||||||
19 | available for inspection and copying under the Freedom | ||||||
20 | of
Information Act, and not subject to any exemption of | ||||||
21 | that
Act. | ||||||
22 | (7) Nothing in this Act shall prohibit a governmental | ||||||
23 | agency from conducting an investigation for the purpose of | ||||||
24 | internal discipline. However, any such investigation shall | ||||||
25 | be conducted in a manner that avoids interference with, and | ||||||
26 | preserves the integrity of, any separate investigation |
| |||||||
| |||||||
1 | being conducted. | ||||||
2 | (g) Formal complaints. Upon receipt of an Investigative | ||||||
3 | Summary Report, the Board shall review the Report and any | ||||||
4 | relevant evidence obtained and determine whether there is | ||||||
5 | reasonable basis to believe that the law enforcement officer | ||||||
6 | committed any conduct that would be deemed a violation of this | ||||||
7 | Act. If after reviewing the Report and any other relevant | ||||||
8 | evidence obtained, the Board determines that a reasonable basis | ||||||
9 | does exist, the Board shall file a formal complaint with the | ||||||
10 | Certification Review Panel. | ||||||
11 | (h) Formal Complaint Hearing. | ||||||
12 | (1) Upon issuance of a formal complaint, the Panel | ||||||
13 | shall set the matter for an initial hearing in front of an | ||||||
14 | administrative law judge. At least 30 days before the date | ||||||
15 | set for an initial hearing, the Panel must, in writing, | ||||||
16 | notify the law enforcement officer subject to the complaint | ||||||
17 | of the following: | ||||||
18 | (i) the allegations against the law enforcement | ||||||
19 | officer, the time and place for the hearing, and | ||||||
20 | whether the law enforcement officer's
certification | ||||||
21 | has been temporarily suspended under Section 8.3; | ||||||
22 | (ii) the right to file a written answer to the | ||||||
23 | complaint with the Panel within 30 days after service | ||||||
24 | of the notice; | ||||||
25 | (iii) if the law enforcement officer fails to | ||||||
26 | comply with the notice of the default order in |
| |||||||
| |||||||
1 | paragraph (2), the Panel shall enter a default order | ||||||
2 | against the law enforcement officer along with a | ||||||
3 | finding that the allegations in the complaint are | ||||||
4 | deemed admitted, and that the law enforcement | ||||||
5 | officer's certification may be revoked as a result; and | ||||||
6 | (iv) the law enforcement officer may request an | ||||||
7 | informal conference to surrender the officer's | ||||||
8 | certification. | ||||||
9 | (2) The Board shall send the law enforcement officer | ||||||
10 | notice of the default order. The notice shall state that | ||||||
11 | the officer has 30 days to notify the Board in writing of | ||||||
12 | their desire to have the order vacated and to appear before | ||||||
13 | the Board. If the law enforcement officer does not notify | ||||||
14 | the Board within 30 days, the Board may set the matter for | ||||||
15 | hearing. If the matter is set for hearing, the Board shall | ||||||
16 | send the law enforcement officer the notice of the date, | ||||||
17 | time and location of the hearing. If the law enforcement | ||||||
18 | officer or counsel for the officer does appear, at the | ||||||
19 | Board's discretion, the hearing may proceed or may be | ||||||
20 | continued to a date and time agreed upon by all parties. If | ||||||
21 | on the date of the hearing, neither the law enforcement | ||||||
22 | officer nor counsel for the officer appears, the Board may | ||||||
23 | proceed with the hearing for default in their absence. | ||||||
24 | (3) If the law enforcement officer fails to comply with | ||||||
25 | paragraph (2), all of the allegations contained in the | ||||||
26 | complaint shall be deemed admitted and the law enforcement |
| |||||||
| |||||||
1 | officer shall be decertified if, by a majority vote of the | ||||||
2 | panel, the conduct charged in the complaint is found to | ||||||
3 | constitute sufficient grounds for decertification under | ||||||
4 | this Act. Notice of the decertification decision may be | ||||||
5 | served by personal delivery, by mail, or, at the discretion | ||||||
6 | of the Board, by electronic means as adopted by rule to the | ||||||
7 | address or email address specified by the law enforcement | ||||||
8 | officer in the officer's last communication with the Board. | ||||||
9 | Notice shall also be provided to the law enforcement | ||||||
10 | officer's governmental agency. | ||||||
11 | (4) The Board, at the request of the law enforcement | ||||||
12 | officer subject to the Formal Complaint, may suspend a | ||||||
13 | hearing on a Formal Complaint for no more than one year if | ||||||
14 | a concurrent criminal matter is pending. If the law | ||||||
15 | enforcement officer requests to have the hearing | ||||||
16 | suspended, the law enforcement officer's certification | ||||||
17 | shall be deemed inactive until the law enforcement | ||||||
18 | officer's Formal Complaint hearing concludes. | ||||||
19 | (5) Surrender of certification or waiver. Upon the | ||||||
20 | Board's issuance of a complaint, and prior to hearing on | ||||||
21 | the matter, a law enforcement officer may choose to | ||||||
22 | surrender the officer's certification or waiver by | ||||||
23 | notifying the Board in writing of the officer's decision to | ||||||
24 | do so. Upon receipt of such notification from the law | ||||||
25 | enforcement officer, the Board shall immediately decertify | ||||||
26 | the officer, or revoke any waiver previously granted. In |
| |||||||
| |||||||
1 | the case of a surrender of certification or waiver, the | ||||||
2 | Board's proceeding shall terminate. | ||||||
3 | (6) Appointment of administrative law judges. The | ||||||
4 | Board shall retain any attorney licensed to practice law in | ||||||
5 | the State of Illinois to serve as an administrative law | ||||||
6 | judge in any action initiated against a law enforcement | ||||||
7 | officer under this Act. The administrative law judge shall | ||||||
8 | be retained to a term of no greater than 4 years. If more | ||||||
9 | than one judge is retained, the terms shall be staggered. | ||||||
10 | The administrative law judge has full authority to conduct | ||||||
11 | the hearings. | ||||||
12 | Administrative law judges will receive initial and annual | ||||||
13 | training that is adequate in quality, quantity, scope, and | ||||||
14 | type, and will cover, at minimum the following topics: | ||||||
15 | (i) constitutional and other relevant law on | ||||||
16 | police- community encounters, including the law on the | ||||||
17 | use of force and stops, searches, and arrests; | ||||||
18 | (ii) police tactics; | ||||||
19 | (iii) investigations of police conduct; | ||||||
20 | (iv) impartial policing; | ||||||
21 | (v) policing individuals in crisis; | ||||||
22 | (vi) Illinois police policies, procedures, and | ||||||
23 | disciplinary rules; | ||||||
24 | (vii) procedural justice; and | ||||||
25 | (viii) community outreach. | ||||||
26 | (7) Hearing. At the hearing, the administrative law |
| |||||||
| |||||||
1 | judge will hear the allegations alleged in the complaint. | ||||||
2 | The law enforcement officer, the counsel of the officer's | ||||||
3 | choosing, and the Board, or the officer's counsel, shall be | ||||||
4 | afforded the opportunity to present any pertinent | ||||||
5 | statements, testimony, evidence, and arguments. The law | ||||||
6 | enforcement officer shall be afforded the opportunity to | ||||||
7 | request that the Board compel the attendance of witnesses | ||||||
8 | and production of related documents. After the conclusion | ||||||
9 | of the hearing, the administrative law judge shall report | ||||||
10 | his or her findings of fact, conclusions of law, and | ||||||
11 | recommended disposition to the Panel. | ||||||
12 | (8) Certification Review Meeting. Upon receipt of the | ||||||
13 | administrative law judge's findings of fact, conclusions | ||||||
14 | of law, and recommended disposition, the Panel shall call | ||||||
15 | for a certification review meeting. | ||||||
16 | In such a meeting, the Panel may adjourn into a closed | ||||||
17 | conference for the purposes of deliberating on the evidence | ||||||
18 | presented during the hearing. In closed conference, the | ||||||
19 | Panel shall consider the hearing officer's findings of | ||||||
20 | fact, conclusions of law, and recommended disposition and | ||||||
21 | may deliberate on all evidence and testimony received and | ||||||
22 | may consider the weight and credibility to be given to the | ||||||
23 | evidence received. No new or additional evidence may be | ||||||
24 | presented to the Panel. After concluding its | ||||||
25 | deliberations, the Panel shall convene in open session for | ||||||
26 | its consideration of the matter. If a simple majority of |
| |||||||
| |||||||
1 | the Panel finds that no allegations in the complaint | ||||||
2 | supporting one or more charges of misconduct are proven by | ||||||
3 | clear and convincing evidence, then the Panel shall | ||||||
4 | recommend to the Board that the complaint be dismissed. If | ||||||
5 | a simple majority of the Panel finds that the allegations | ||||||
6 | in the complaint supporting one or more charges of | ||||||
7 | misconduct are proven by clear and convincing evidence, | ||||||
8 | then the Panel shall recommend to the Board to decertify | ||||||
9 | the officer. In doing so, the Panel may adopt, in whole or | ||||||
10 | in part, the hearing officer's findings of fact, | ||||||
11 | conclusions of law, and recommended disposition. | ||||||
12 | (9) Final action by the Board. After receiving the | ||||||
13 | Panel's recommendations, and after due consideration of | ||||||
14 | the Panel's recommendations, the Board, by majority vote, | ||||||
15 | shall issue a final decision to decertify the law | ||||||
16 | enforcement officer or take no action in regard to the law | ||||||
17 | enforcement officer. No new or additional evidence may be | ||||||
18 | presented to the Board. If the Board makes a final decision | ||||||
19 | contrary to the recommendations of the Panel, the Board | ||||||
20 | shall set forth in its final written decision the specific | ||||||
21 | written reasons for not following the Panel's | ||||||
22 | recommendations. A copy of the Board's final decision shall | ||||||
23 | be served upon the law enforcement officer by the Board, | ||||||
24 | either personally or as provided in this Act for the | ||||||
25 | service of a notice of hearing. A copy of the Board's final | ||||||
26 | decision also shall be delivered to the employing |
| |||||||
| |||||||
1 | governmental agency, the complainant, and the Panel. | ||||||
2 | (10) Reconsideration of the Board's Decision. Within | ||||||
3 | 30 days after service of the Board's final decision, the | ||||||
4 | Panel or the law enforcement officer may file a written | ||||||
5 | motion for reconsideration with the Board. The motion for | ||||||
6 | reconsideration shall specify the particular grounds for | ||||||
7 | reconsideration. The non-moving party may respond to the | ||||||
8 | motion for reconsideration. The Board may deny the motion | ||||||
9 | for reconsideration, or it may grant the motion in whole or | ||||||
10 | in part and issue a new final decision in the matter. The | ||||||
11 | Board must notify the law enforcement officer within 14 | ||||||
12 | days of a denial and state the reasons for denial.
| ||||||
13 | (50 ILCS 705/6.6 new) | ||||||
14 | Sec. 6.6. Administrative Review Law; application. | ||||||
15 | (a) All final administrative decisions regarding | ||||||
16 | discretionary decertification of the Board are subject to | ||||||
17 | judicial review under the Administrative Review Law and its | ||||||
18 | rules. The term "administrative decision" is defined in Section | ||||||
19 | 3-101 of the Code of Civil Procedure. | ||||||
20 | (b) Proceedings for judicial review shall be commenced in | ||||||
21 | Sangamon County or Cook County.
| ||||||
22 | (50 ILCS 705/6.7 new) | ||||||
23 | Sec. 6.7. Certification and decertification procedures | ||||||
24 | under Act exclusive. Notwithstanding any other law, the |
| |||||||
| |||||||
1 | certification and decertification procedures, including the | ||||||
2 | conduct of any investigation or hearing, under this Act are the | ||||||
3 | sole and exclusive procedures for certification as law | ||||||
4 | enforcement officers in Illinois and are not subject to | ||||||
5 | collective bargaining under the Illinois Public Labor | ||||||
6 | Relations Act or appealable except as set forth herein. The | ||||||
7 | provisions of any collective bargaining agreement adopted by a | ||||||
8 | governmental agency and covering the law enforcement officer or | ||||||
9 | officers under investigation shall be inapplicable to any | ||||||
10 | investigation or hearing conducted under this Act. | ||||||
11 | An individual has no property interest in employment or | ||||||
12 | otherwise resulting from law enforcement officer certification | ||||||
13 | at the time of initial certification or at any time thereafter, | ||||||
14 | including, but not limited to, after decertification or the | ||||||
15 | officer's certification has been deemed inactive. Nothing in | ||||||
16 | this Act shall be construed to create a requirement that a | ||||||
17 | governmental agency shall continue to employ a law enforcement | ||||||
18 | officer who has been decertified.
| ||||||
19 | (50 ILCS 705/7) (from Ch. 85, par. 507)
| ||||||
20 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
21 | adopt rules and
minimum standards for such schools which shall | ||||||
22 | include, but not be limited to,
the following:
| ||||||
23 | a. The curriculum for probationary law enforcement | ||||||
24 | police officers which shall be
offered by all certified | ||||||
25 | schools shall include, but not be limited to,
courses of |
| |||||||
| |||||||
1 | procedural justice, arrest and use and control tactics, | ||||||
2 | search and seizure, including temporary questioning, civil | ||||||
3 | rights, human rights, human relations,
cultural | ||||||
4 | competency, including implicit bias and racial and ethnic | ||||||
5 | sensitivity,
criminal law, law of criminal procedure, | ||||||
6 | constitutional and proper use of law enforcement | ||||||
7 | authority, vehicle and traffic law including
uniform and | ||||||
8 | non-discriminatory enforcement of the Illinois Vehicle | ||||||
9 | Code,
traffic control and accident investigation, | ||||||
10 | techniques of obtaining
physical evidence, court | ||||||
11 | testimonies, statements, reports, firearms
training, | ||||||
12 | training in the use of electronic control devices, | ||||||
13 | including the psychological and physiological effects of | ||||||
14 | the use of those devices on humans, first-aid (including | ||||||
15 | cardiopulmonary resuscitation), training in the | ||||||
16 | administration of opioid antagonists as defined in | ||||||
17 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
18 | Substance Use Disorder Act, handling of
juvenile | ||||||
19 | offenders, recognition of
mental conditions and crises, | ||||||
20 | including, but not limited to, the disease of addiction, | ||||||
21 | which require immediate assistance and response and | ||||||
22 | methods to
safeguard and provide assistance to a person in | ||||||
23 | need of mental
treatment, recognition of abuse, neglect, | ||||||
24 | financial exploitation, and self-neglect of adults with | ||||||
25 | disabilities and older adults, as defined in Section 2 of | ||||||
26 | the Adult Protective Services Act, crimes against the |
| |||||||
| |||||||
1 | elderly, law of evidence, the hazards of high-speed police | ||||||
2 | vehicle
chases with an emphasis on alternatives to the | ||||||
3 | high-speed chase, and
physical training. The curriculum | ||||||
4 | shall include specific training in
techniques for | ||||||
5 | immediate response to and investigation of cases of | ||||||
6 | domestic
violence and of sexual assault of adults and | ||||||
7 | children, including cultural perceptions and common myths | ||||||
8 | of sexual assault and sexual abuse as well as interview | ||||||
9 | techniques that are age sensitive and are trauma informed, | ||||||
10 | victim centered, and victim sensitive. The curriculum | ||||||
11 | shall include
training in techniques designed to promote | ||||||
12 | effective
communication at the initial contact with crime | ||||||
13 | victims and ways to comprehensively
explain to victims and | ||||||
14 | witnesses their rights under the Rights
of Crime Victims | ||||||
15 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
16 | The curriculum shall also include training in effective | ||||||
17 | recognition of and responses to stress, trauma, and | ||||||
18 | post-traumatic stress experienced by law enforcement | ||||||
19 | police officers that is consistent with Section 25 of the | ||||||
20 | Illinois Mental Health First Aid Training Act in a peer | ||||||
21 | setting, including recognizing signs and symptoms of | ||||||
22 | work-related cumulative stress, issues that may lead to | ||||||
23 | suicide, and solutions for intervention with peer support | ||||||
24 | resources. The curriculum shall include a block of | ||||||
25 | instruction addressing the mandatory reporting | ||||||
26 | requirements under the Abused and Neglected Child |
| |||||||
| |||||||
1 | Reporting Act. The curriculum shall also include a block of | ||||||
2 | instruction aimed at identifying and interacting with | ||||||
3 | persons with autism and other developmental or physical | ||||||
4 | disabilities, reducing barriers to reporting crimes | ||||||
5 | against persons with autism, and addressing the unique | ||||||
6 | challenges presented by cases involving victims or | ||||||
7 | witnesses with autism and other developmental | ||||||
8 | disabilities. The curriculum shall include training in the | ||||||
9 | detection and investigation of all forms of human | ||||||
10 | trafficking. The curriculum shall also include instruction | ||||||
11 | in trauma-informed responses designed to ensure the | ||||||
12 | physical safety and well-being of a child of an arrested | ||||||
13 | parent or immediate family member; this instruction must | ||||||
14 | include, but is not limited to: (1) understanding the | ||||||
15 | trauma experienced by the child while maintaining the | ||||||
16 | integrity of the arrest and safety of officers, suspects, | ||||||
17 | and other involved individuals; (2) de-escalation tactics | ||||||
18 | that would include the use of force when reasonably | ||||||
19 | necessary; and (3) inquiring whether a child will require | ||||||
20 | supervision and care. The curriculum for
permanent law | ||||||
21 | enforcement police officers shall include, but not be | ||||||
22 | limited to: (1) refresher
and in-service training in any of | ||||||
23 | the 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 |
| |||||||
| |||||||
1 | selected by the board. The training in the use of | ||||||
2 | electronic control devices shall be conducted for | ||||||
3 | probationary law enforcement police 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 police
officer must | ||||||
10 | satisfactorily complete before being eligible for | ||||||
11 | permanent
employment as a local law enforcement officer for | ||||||
12 | a participating local
governmental or state governmental | ||||||
13 | agency. Those requirements shall include training in first | ||||||
14 | aid
(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 |
| |||||||
| |||||||
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 his or her successful completion of the
| ||||||
5 | training course; (ii) attesting to the officer's his or her | ||||||
6 | satisfactory
completion of a training program of similar | ||||||
7 | content and number of hours that
has been found acceptable | ||||||
8 | by the Board under the provisions of this Act; or
(iii) | ||||||
9 | attesting to the Board's determination that the training
| ||||||
10 | course is unnecessary because of the person's extensive | ||||||
11 | prior law 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 Board, | ||||||
23 | 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 Commission, | ||||||
26 | shall maintain a list of all
individuals who have filed |
| |||||||
| |||||||
1 | applications to become court security officers and
who meet | ||||||
2 | the eligibility requirements established under this Act. | ||||||
3 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
4 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
5 | establish a schedule of reasonable intervals for
| ||||||
6 | verification of the applicants' qualifications under
this | ||||||
7 | Act and as established by the Board.
| ||||||
8 | g. Minimum in-service training requirements, which a | ||||||
9 | law enforcement police officer must satisfactorily | ||||||
10 | complete every 3 years. Those requirements shall include | ||||||
11 | constitutional and proper use of law enforcement | ||||||
12 | authority, procedural justice, civil rights, human rights, | ||||||
13 | mental health awareness and response, officer wellness, | ||||||
14 | reporting child abuse and neglect, and cultural | ||||||
15 | competency. | ||||||
16 | h. Minimum in-service training requirements, which a | ||||||
17 | law enforcement police officer must satisfactorily | ||||||
18 | complete at least annually. Those requirements shall | ||||||
19 | include law updates and use of force training which shall | ||||||
20 | include scenario based training, or similar training | ||||||
21 | approved by the Board. | ||||||
22 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
23 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
24 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
25 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
26 | 101-564, eff. 1-1-20; revised 9-10-19.)
|
| |||||||
| |||||||
1 | (50 ILCS 705/7.5)
| ||||||
2 | Sec. 7.5. Law enforcement Police pursuit guidelines. The | ||||||
3 | Board shall annually review
police pursuit procedures and make | ||||||
4 | available suggested law enforcement police pursuit
guidelines | ||||||
5 | for law enforcement agencies. This Section does not alter the
| ||||||
6 | effect of previously existing law, including the immunities | ||||||
7 | established under
the Local Governmental and Governmental | ||||||
8 | Employees Tort Immunity Act.
| ||||||
9 | (Source: P.A. 88-637, eff. 9-9-94.)
| ||||||
10 | (50 ILCS 705/8) (from Ch. 85, par. 508)
| ||||||
11 | Sec. 8. Participation required.
All home rule local | ||||||
12 | governmental units shall comply with Sections 6.3, 8.1 , and 8.2
| ||||||
13 | and any other mandatory provisions of this Act.
This Act is a | ||||||
14 | limitation on home rule powers under subsection (i) of Section
| ||||||
15 | 6 of Article VII of the Illinois Constitution.
| ||||||
16 | (Source: P.A. 89-170, eff. 1-1-96.)
| ||||||
17 | (50 ILCS 705/8.1) (from Ch. 85, par. 508.1)
| ||||||
18 | Sec. 8.1. Full-time law enforcement police and county | ||||||
19 | corrections officers.
| ||||||
20 | (a) No After January 1, 1976, no person shall receive a | ||||||
21 | permanent
appointment as a law enforcement officer or as | ||||||
22 | defined in this
Act nor shall any person receive, after the | ||||||
23 | effective date of this
amendatory Act of 1984, a permanent |
| |||||||
| |||||||
1 | appointment as a county corrections officer
unless that person | ||||||
2 | has been awarded, within 6 months of the officer's his or her
| ||||||
3 | initial full-time employment, a certificate attesting to the | ||||||
4 | officer's his or her
successful completion of the Minimum | ||||||
5 | Standards Basic Law Enforcement or and County
Correctional | ||||||
6 | Training Course as prescribed by the Board; or has been awarded | ||||||
7 | a
certificate attesting to the officer's his or her | ||||||
8 | satisfactory completion of a training program of
similar | ||||||
9 | content and number of hours and which course has been found | ||||||
10 | acceptable
by the Board under the provisions of this Act; or a | ||||||
11 | training waiver by reason of extensive prior
law enforcement or | ||||||
12 | county corrections experience the basic training requirement
| ||||||
13 | is determined by the Board to be illogical and unreasonable.
| ||||||
14 | If such training is required and not completed within the | ||||||
15 | applicable 6
months, then the officer must forfeit the | ||||||
16 | officer's his or her position, or the employing agency
must | ||||||
17 | obtain a waiver from the Board extending the period for
| ||||||
18 | compliance. Such waiver shall be issued only for good and | ||||||
19 | justifiable
reasons, and in no case shall extend more than 90 | ||||||
20 | days beyond the
initial 6 months. Any hiring agency that fails | ||||||
21 | to train a law enforcement officer within this period shall be | ||||||
22 | prohibited from employing this individual in a law enforcement | ||||||
23 | capacity for one year from the date training was to be | ||||||
24 | completed. If an agency again fails to train the individual a | ||||||
25 | second time, the agency shall be permanently barred from | ||||||
26 | employing this individual in a law enforcement capacity.
|
| |||||||
| |||||||
1 | An individual who is not certified by the Board or whose | ||||||
2 | certified status is inactive shall not function as a law | ||||||
3 | enforcement officer, be assigned the duties of a law | ||||||
4 | enforcement officer by an employing agency, or be authorized to | ||||||
5 | carry firearms under the authority of the employer, except as | ||||||
6 | otherwise authorized to carry a firearm under State or federal | ||||||
7 | law. Sheriffs who are elected as of the effective date of this | ||||||
8 | Amendatory Act of the 101st General Assembly, are exempt from | ||||||
9 | the requirement of certified status. Failure to be certified in | ||||||
10 | accordance with this Act shall cause the officer to forfeit the | ||||||
11 | officer's position. | ||||||
12 | An employing agency may not grant a person status as a law | ||||||
13 | enforcement officer unless the person has been granted an | ||||||
14 | active law enforcement officer certification by the Board. | ||||||
15 | (b) Inactive status. A person who has an inactive law | ||||||
16 | enforcement officer certification has no law enforcement | ||||||
17 | authority. | ||||||
18 | (1) A law enforcement officer's certification becomes | ||||||
19 | inactive upon termination, resignation, retirement, or | ||||||
20 | separation from the officer's employing governmental | ||||||
21 | agency for any reason. The Board shall re-activate a | ||||||
22 | certification upon written application from the law | ||||||
23 | enforcement officer's governmental agency that shows the | ||||||
24 | law enforcement officer: (i) has accepted a full-time law | ||||||
25 | enforcement position with that governmental agency, (ii) | ||||||
26 | is not the subject of a decertification proceeding, and |
| |||||||
| |||||||
1 | (iii) meets all other criteria for re-activation required | ||||||
2 | by the Board. The Board may also establish special training | ||||||
3 | requirements to be completed as a condition for | ||||||
4 | re-activation. | ||||||
5 | A law enforcement officer who is refused reactivation | ||||||
6 | under this Section may request a hearing in accordance with | ||||||
7 | the hearing procedures as outlined in subsection (h) of | ||||||
8 | Section 6.3 of this Act. | ||||||
9 | The Board may refuse to re-activate the certification | ||||||
10 | of a law enforcement officer who was involuntarily | ||||||
11 | terminated for good cause by his or her governmental agency | ||||||
12 | for conduct subject to decertification under this Act or | ||||||
13 | resigned or retired after receiving notice of a | ||||||
14 | governmental agency's investigation. | ||||||
15 | (2) A law enforcement officer who is currently | ||||||
16 | certified can place his or her certificate on inactive | ||||||
17 | status by sending a written request to the Board. A law | ||||||
18 | enforcement officer whose certificate has been placed on | ||||||
19 | inactive status shall not function as a law enforcement | ||||||
20 | officer until the officer has completed any requirements | ||||||
21 | for reactivating the certificate as required by the Board. | ||||||
22 | A request for inactive status in this subsection shall be | ||||||
23 | in writing, accompanied by verifying documentation, and | ||||||
24 | shall be submitted to the Board with a copy to the chief | ||||||
25 | administrator of the law enforcement officer's | ||||||
26 | governmental agency. |
| |||||||
| |||||||
1 | (3) Certification that has become inactive under | ||||||
2 | paragraph (2) of this subsection (b), shall be reactivated | ||||||
3 | by written notice from the law enforcement officer's agency | ||||||
4 | upon a showing that the law enforcement officer is: (i) | ||||||
5 | employed in a full-time law enforcement position with the | ||||||
6 | same governmental agency (ii) not the subject of a | ||||||
7 | decertification proceeding, and (iii) meets all other | ||||||
8 | criteria for re-activation required by the Board. | ||||||
9 | (4) Notwithstanding paragraph (3) of this subsection | ||||||
10 | (b), a law enforcement officer whose certification has | ||||||
11 | become inactive under paragraph (2) may have the officer's | ||||||
12 | governmental agency submit a request for a waiver of | ||||||
13 | training requirements to the Board. A grant of a waiver is | ||||||
14 | within the discretion of the Board. Within 7 days of | ||||||
15 | receiving a request for a waiver under this section, the | ||||||
16 | Board shall notify the law enforcement officer and the | ||||||
17 | chief administrator of the law enforcement officer's | ||||||
18 | governmental agency, whether the request has been granted, | ||||||
19 | denied, or if the Board will take additional time for | ||||||
20 | information. A law enforcement officer whose request for a | ||||||
21 | waiver under this subsection is denied is entitled to | ||||||
22 | appeal the denial to the Board within 20 days of the waiver | ||||||
23 | being denied. | ||||||
24 | (c) (b) No provision of this Section shall be construed to | ||||||
25 | mean that a
law enforcement officer employed by a local | ||||||
26 | governmental agency
at the time of the effective date of this |
| |||||||
| |||||||
1 | amendatory Act, either as a
probationary police officer or as a | ||||||
2 | permanent police officer, shall
require certification under | ||||||
3 | the provisions of this Section. No provision
of this Section | ||||||
4 | shall be construed to mean that a county corrections
officer | ||||||
5 | employed by a local governmental agency at the time of the
| ||||||
6 | effective date of this amendatory Act of 1984 , either as a | ||||||
7 | probationary
county corrections or as a permanent county | ||||||
8 | corrections officer, shall
require certification under the | ||||||
9 | provisions of this Section. No provision of
this Section shall | ||||||
10 | be construed to apply to certification of elected county
| ||||||
11 | sheriffs.
| ||||||
12 | (d) Within 14 days, a law enforcement officer shall report | ||||||
13 | to the Board: (1) any name change; (2) any change in | ||||||
14 | employment; or (3) the filing of any criminal indictment or | ||||||
15 | charges against the officer alleging that the officer committed | ||||||
16 | any offense as enumerated in section 6.1 of this Act. | ||||||
17 | (e) All law enforcement officers must report the completion | ||||||
18 | of the training requirements required in this Act in compliance | ||||||
19 | with Section 8.4 of this Act. | ||||||
20 | (e-1) Each employing governmental agency shall allow and | ||||||
21 | provide an opportunity for a law enforcement officer to | ||||||
22 | complete the mandated requirements in this Act. | ||||||
23 | (f) (c) This Section does not apply to part-time law | ||||||
24 | enforcement police officers or
probationary part-time law | ||||||
25 | enforcement police officers.
| ||||||
26 | (Source: P.A. 101-187, eff. 1-1-20 .)
|
| |||||||
| |||||||
1 | (50 ILCS 705/8.2)
| ||||||
2 | Sec. 8.2. Part-time law enforcement police officers.
| ||||||
3 | (a) A person hired to serve as a part-time law enforcement
| ||||||
4 | police officer must obtain from the Board a certificate (i) | ||||||
5 | attesting to the officer's his
or her successful completion of | ||||||
6 | the part-time police training course; (ii)
attesting to the | ||||||
7 | officer's his or her satisfactory completion of a training | ||||||
8 | program of
similar content and number of hours that has been | ||||||
9 | found acceptable by the
Board under the provisions of this Act; | ||||||
10 | or (iii) a training waiver attesting to the Board's
| ||||||
11 | determination that the part-time police training course is | ||||||
12 | unnecessary because
of the person's extensive prior law | ||||||
13 | enforcement experience.
A person hired on or after the | ||||||
14 | effective date of this amendatory Act of the
92nd General | ||||||
15 | Assembly must obtain this certificate within 18 months after | ||||||
16 | the
initial date of hire as a probationary part-time law | ||||||
17 | enforcement police officer in the State of
Illinois. The | ||||||
18 | probationary part-time law enforcement police officer must be | ||||||
19 | enrolled and
accepted into a Board-approved course within 6 | ||||||
20 | months after active employment
by any department in the State.
| ||||||
21 | A person hired
on or after January 1, 1996 and before the | ||||||
22 | effective date of this amendatory
Act of the 92nd General | ||||||
23 | Assembly must obtain this certificate within 18
months
after | ||||||
24 | the date of hire. A person hired before
January 1, 1996 must | ||||||
25 | obtain this certificate within 24 months after the
effective |
| |||||||
| |||||||
1 | date of this amendatory Act of 1995.
| ||||||
2 | The employing agency may seek an extension a waiver from | ||||||
3 | the Board extending the period
for compliance. An extension A | ||||||
4 | waiver shall be issued only for good and justifiable
reasons, | ||||||
5 | and the probationary part-time law enforcement police officer | ||||||
6 | may not practice as a
part-time law enforcement
police officer | ||||||
7 | during the extension waiver period. If training is
required and | ||||||
8 | not completed within the applicable time period, as extended by
| ||||||
9 | any waiver that may be granted, then the officer must forfeit | ||||||
10 | the officer's his or her
position.
| ||||||
11 | An individual who is not certified by the Board or whose | ||||||
12 | certified status is inactive shall not function as a law | ||||||
13 | enforcement officer, be assigned the duties of a law | ||||||
14 | enforcement officer by an agency, or be authorized to carry | ||||||
15 | firearms under the authority of the employer, except that | ||||||
16 | sheriffs who are elected are exempt from the requirement of | ||||||
17 | certified status. Failure to be in accordance with this Act | ||||||
18 | shall cause the officer to forfeit the officer's position. | ||||||
19 | A part-time probationary officer shall be allowed to | ||||||
20 | complete six months of a part-time police training course and | ||||||
21 | function as a law enforcement officer with a waiver from the | ||||||
22 | Board, provided the part-time law enforcement officer is still | ||||||
23 | enrolled in the training course. If the part-time probationary | ||||||
24 | officer withdraws from the course for any reason or does not | ||||||
25 | complete the course within the applicable time period, as | ||||||
26 | extended by any waiver that may be granted, then the officer |
| |||||||
| |||||||
1 | must forfeit the officer's position. | ||||||
2 | A governmental agency may not grant a person status as a | ||||||
3 | law enforcement officer unless the person has been granted an | ||||||
4 | active law enforcement officer certification by the Board. | ||||||
5 | (b) Inactive status. A person who has an inactive law | ||||||
6 | enforcement officer certification has no law enforcement | ||||||
7 | authority. (Blank). | ||||||
8 | (1) A law enforcement officer's certification becomes | ||||||
9 | inactive upon termination, resignation, retirement, or | ||||||
10 | separation from the governmental agency for any reason. The | ||||||
11 | Board shall re-activate a certification upon written | ||||||
12 | application from the law enforcement officer's | ||||||
13 | governmental agency that shows the law enforcement | ||||||
14 | officer: (i) has accepted a part-time law enforcement | ||||||
15 | position with that a governmental agency, (ii) is not the | ||||||
16 | subject of a decertification proceeding, and (iii) meets | ||||||
17 | all other criteria for re-activation required by the Board. | ||||||
18 | The Board may refuse to re-activate the certification | ||||||
19 | of a law enforcement officer who was involuntarily | ||||||
20 | terminated for good cause by the officer's governmental | ||||||
21 | agency for conduct subject to decertification under this | ||||||
22 | Act or resigned or retired after receiving notice of a | ||||||
23 | governmental agency's investigation. | ||||||
24 | (2) A law enforcement officer who is currently | ||||||
25 | certified can place his or her certificate on inactive | ||||||
26 | status by sending a written request to the Board. A law |
| |||||||
| |||||||
1 | enforcement officer whose certificate has been placed on | ||||||
2 | inactive status shall not function as a law enforcement | ||||||
3 | officer until the officer has completed any requirements | ||||||
4 | for reactivating the certificate as required by the Board. | ||||||
5 | A request for inactive status in this subsection shall be | ||||||
6 | in writing, accompanied by verifying documentation, and | ||||||
7 | shall be submitted to the Board by the law enforcement | ||||||
8 | officer's governmental agency. | ||||||
9 | (3) Certification that has become inactive under | ||||||
10 | paragraph (2) of this subsection (b), shall be reactivated | ||||||
11 | by written notice from the law enforcement officer's agency | ||||||
12 | upon a showing that the law enforcement officer is: (i) | ||||||
13 | employed in a full-time law enforcement position with the | ||||||
14 | same governmental agency, (ii) not the subject of a | ||||||
15 | decertification proceeding, and (iii) meets all other | ||||||
16 | criteria for re-activation required by the Board. The Board | ||||||
17 | may also establish special training requirements to be | ||||||
18 | completed as a condition for re-activation. | ||||||
19 | A law enforcement officer who is refused reactivation | ||||||
20 | under this Section may request a hearing in accordance with | ||||||
21 | the hearing procedures as outlined in subsection (h) of | ||||||
22 | Section 6.3 of this Act. | ||||||
23 | (4) Notwithstanding paragraph (3) of this Section, a | ||||||
24 | law enforcement officer whose certification has become | ||||||
25 | inactive under paragraph (2) may have the officer's | ||||||
26 | governmental agency submit a request for a waiver of |
| |||||||
| |||||||
1 | training requirements to the Board. A grant of a waiver is | ||||||
2 | within the discretion of the Board. Within 7 days of | ||||||
3 | receiving a request for a waiver under this section, the | ||||||
4 | Board shall notify the law enforcement officer and the | ||||||
5 | chief administrator of the law enforcement officer's | ||||||
6 | governmental agency, whether the request has been granted, | ||||||
7 | denied, or if the Board will take additional time for | ||||||
8 | information. A law enforcement officer whose request for a | ||||||
9 | waiver under this subsection is denied is entitled to | ||||||
10 | appeal the denial to the Board within 20 days of the waiver | ||||||
11 | being denied.
| ||||||
12 | (c) The part-time police training course referred to in | ||||||
13 | this Section
shall be of similar content and the same number of | ||||||
14 | hours as the courses for
full-time officers and
shall be | ||||||
15 | provided by
Mobile Team In-Service Training Units under the | ||||||
16 | Intergovernmental Law
Enforcement Officer's In-Service | ||||||
17 | Training Act or by another approved program
or facility in a | ||||||
18 | manner prescribed by the
Board.
| ||||||
19 | (d) Within 14 days, a law enforcement officer shall report | ||||||
20 | to the Board: (1) any name change; (2) any change in | ||||||
21 | employment; or (3) the filing of any criminal indictment or | ||||||
22 | charges against the officer alleging that the officer committed | ||||||
23 | any offense as enumerated in section 6.1 of this Act. | ||||||
24 | (e) All law enforcement officers must report the completion | ||||||
25 | of the training requirements required in this Act in compliance | ||||||
26 | with Section 8.4 of this Act. |
| |||||||
| |||||||
1 | (e-1) Each employing agency shall allow and provide an | ||||||
2 | opportunity for a law enforcement officer to complete the | ||||||
3 | requirements in this Act. | ||||||
4 | (f) (d) For the purposes of this Section, the Board shall | ||||||
5 | adopt rules defining
what constitutes employment on a part-time | ||||||
6 | basis.
| ||||||
7 | (Source: P.A. 92-533, eff. 3-14-02.)
| ||||||
8 | (50 ILCS 705/8.3 new) | ||||||
9 | Sec. 8.3. Emergency order of suspension. | ||||||
10 | (a) The Board, upon being notified that a law enforcement | ||||||
11 | officer has been arrested or indicted on any felony charge or | ||||||
12 | charges, may immediately suspend the law enforcement officer's | ||||||
13 | certification. The Board shall also notify the chief | ||||||
14 | administrator of any governmental agency currently employing | ||||||
15 | the officer. The Board shall have authority to dissolve an | ||||||
16 | emergency order of suspension at any time for any reason. | ||||||
17 | (b) Notice of the immediate suspension shall be served on | ||||||
18 | the law enforcement officer, the governmental agency, the chief | ||||||
19 | executive of the municipality, and state the reason for | ||||||
20 | suspension within seven days. | ||||||
21 | (c) Upon service of the notice, the law enforcement officer | ||||||
22 | shall have 30 days to request to be heard by the Panel. The | ||||||
23 | hearing, if requested by the licensee, shall follow the hearing | ||||||
24 | procedures as outlined in subsection (h) of Section 6.3 of this | ||||||
25 | Act. |
| |||||||
| |||||||
1 | (d) At the meeting, the law enforcement officer may present | ||||||
2 | evidence, witnesses and argument as to why the officer's | ||||||
3 | certification should not be suspended. The Panel shall review | ||||||
4 | the suspension, and if the Panel finds that the proof is | ||||||
5 | evident or the presumption great that the officer has committed | ||||||
6 | the offense charged, the Panel can sustain or reduce the length | ||||||
7 | of the suspension. If the Panel does not find that the proof is | ||||||
8 | evident or the presumption great that the officer has committed | ||||||
9 | the offense charged, the Panel can reverse the suspension. | ||||||
10 | If the law enforcement officer does not request to be heard | ||||||
11 | or does not appear, the Panel may hold the hearing in the | ||||||
12 | officer's absence. The law enforcement officer and the | ||||||
13 | governmental agency shall be notified of the decision of the | ||||||
14 | Panel within 7 days. The law enforcement officer may request to | ||||||
15 | suspend the hearing until after the officer's criminal trial | ||||||
16 | has occurred, however the suspension will remain intact until | ||||||
17 | the hearing. | ||||||
18 | (e) Findings and conclusions made in hearing for an | ||||||
19 | emergency suspension shall not be binding on any party in any | ||||||
20 | subsequent proceeding under this Act. | ||||||
21 | (f) A Panel member acting in good faith, and not in a | ||||||
22 | willful and wanton manner, in accordance with this Section, | ||||||
23 | shall not, as a result of such actions, be subject to criminal | ||||||
24 | prosecution or civil damages, including but not limited to lost | ||||||
25 | wages.
|
| |||||||
| |||||||
1 | (50 ILCS 705/8.4 new) | ||||||
2 | Sec. 8.4. Law Enforcement Compliance Verification. | ||||||
3 | (a)(1) Unless on inactive status under subsection (b) of | ||||||
4 | Section 8.1 or subsection (b) of Section 8.2, every law | ||||||
5 | enforcement officer subject to this Act shall submit a | ||||||
6 | verification form that confirms compliance with this Act. The | ||||||
7 | verification shall apply to the 3 calendar years preceding the | ||||||
8 | date of verification. Law enforcement officers shall submit the | ||||||
9 | officer's first report by January 30 during the initial | ||||||
10 | three-year reporting period, as determined on the basis of the | ||||||
11 | law enforcement officer's last name under paragraph (2) of this | ||||||
12 | subsection then every third year of the officer's applicable | ||||||
13 | three-year report period as determined by the Board. At the | ||||||
14 | conclusion of each law enforcement officer's applicable | ||||||
15 | reporting period, the chief administrative officer of the | ||||||
16 | officer's governmental agency is to determine the compliance of | ||||||
17 | each officer under this Section. An officer may verify their | ||||||
18 | successful completion of training requirements with their | ||||||
19 | governmental agency. Each law enforcement officer is | ||||||
20 | responsible for reporting and demonstrating compliance to the | ||||||
21 | officer's chief administrative officer. | ||||||
22 | (2) The applicable three-year reporting period shall begin | ||||||
23 | on January 30, 2023 for law enforcement officers whose last | ||||||
24 | names being with the letters A through G, on January 30, 2024 | ||||||
25 | for law enforcement officers whose last names being with the | ||||||
26 | letters H through O, and January 30, 2025 for law enforcement |
| |||||||
| |||||||
1 | officers whose last names being with the letters P through Z. | ||||||
2 | (3) The compliance verification form shall be in a form and | ||||||
3 | manner prescribed by the Board and, at a minimum, include the | ||||||
4 | following: (i) verification that the law enforcement officer | ||||||
5 | has completed the mandatory training programs in the preceding | ||||||
6 | 3 years; (ii) the law enforcement officer's current employment | ||||||
7 | information, including but not limited to, the termination of | ||||||
8 | any previous law enforcement or security employment in the | ||||||
9 | relevant time period; and (iii) a statement verifying that the | ||||||
10 | officer has not committed misconduct under Section 6.1. | ||||||
11 | (b) (1) On October 1 of each year, the Board shall send | ||||||
12 | notice to all certified law enforcement officers, unless | ||||||
13 | exempted in (a), of the upcoming deadline to submit the | ||||||
14 | compliance verification form. No later than March 1 of each | ||||||
15 | year, the Board shall send notice to all certified law | ||||||
16 | enforcement officers who have failed to submit the compliance | ||||||
17 | verification form, as well as the officer's governmental | ||||||
18 | agencies. The Board shall not send a notice of noncompliance to | ||||||
19 | law enforcement officers whom the Board knows, based on the | ||||||
20 | status of the law enforcement officer's certification status, | ||||||
21 | are inactive or retired. The Board may accept compliance | ||||||
22 | verification forms until April 1 of the year in which a law | ||||||
23 | enforcement officer is required to submit the form. | ||||||
24 | (2) No earlier than April 1 of the year in which a law | ||||||
25 | enforcement officer is required to submit a verification form, | ||||||
26 | the Board may determine a law enforcement officer's |
| |||||||
| |||||||
1 | certification to be inactive if the law enforcement officer | ||||||
2 | failed to either: (1) submit a compliance verification in | ||||||
3 | accordance with this Section; or (2) report an exemption from | ||||||
4 | the requirements of this Section. The Board shall then send | ||||||
5 | notice, by mail or email, to any such law enforcement officer | ||||||
6 | and the officer's governmental agency that the officer's | ||||||
7 | certificate will be deemed inactive on the date specified in | ||||||
8 | the notice, which shall be no sooner than 21 days from the date | ||||||
9 | of the notice, because of the officer's failure to comply or | ||||||
10 | report compliance, or failure to report an exemption. The Board | ||||||
11 | shall deem inactive the certificate of such law enforcement | ||||||
12 | officers on the date specified in the notice unless the Board | ||||||
13 | determines before that date that the law enforcement officer | ||||||
14 | has complied. A determination that a certificate is inactive | ||||||
15 | under this section is not a disciplinary sanction. | ||||||
16 | (3) A law enforcement officer who was on voluntary inactive | ||||||
17 | status shall, upon return to active status, be required to | ||||||
18 | complete the deferred training programs within 1 year. | ||||||
19 | (4) The Board may waive the reporting requirements, as | ||||||
20 | required in this section, if the law enforcement officer or the | ||||||
21 | officer's governmental agency demonstrates the existence of | ||||||
22 | mitigating circumstances justifying the law enforcement | ||||||
23 | officer's failure to obtain the training requirements due to | ||||||
24 | failure of the officer's governmental agency or the Board to | ||||||
25 | offer the training requirement during the officer's required | ||||||
26 | compliance verification period. If the Board finds that the law |
| |||||||
| |||||||
1 | enforcement officer can meet the training requirements with | ||||||
2 | extended time, the Board may allow the law enforcement officer | ||||||
3 | a maximum of six additional months to complete the | ||||||
4 | requirements. | ||||||
5 | (5) A request for a training waiver under this subsection | ||||||
6 | due to the mitigating circumstance shall be in writing, | ||||||
7 | accompanied by verifying documentation, and shall be submitted | ||||||
8 | to the Board not less than 30 days before the end of the law | ||||||
9 | enforcement officer's required compliance verification period. | ||||||
10 | (6) A law enforcement officer whose request for waiver | ||||||
11 | under this subsection is denied, is entitled to a request for a | ||||||
12 | review by the Board. The law enforcement officer or the | ||||||
13 | officer's governmental agency must request a review within 20 | ||||||
14 | days of the waiver being denied. The burden of proof shall be | ||||||
15 | on the law enforcement officer to show why the officer is | ||||||
16 | entitled to a waiver. | ||||||
17 | (c) Recordkeeping and Audits. | ||||||
18 | (1) For four years after the end of each reporting | ||||||
19 | period, each certified law enforcement officer shall | ||||||
20 | maintain sufficient documentation necessary to corroborate | ||||||
21 | compliance with the mandatory training requirements under | ||||||
22 | this Act. | ||||||
23 | (2) Notwithstanding any other provision in state law, | ||||||
24 | for four years after the end of each reporting period, each | ||||||
25 | governmental agency shall maintain sufficient | ||||||
26 | documentation necessary to corroborate compliance with the |
| |||||||
| |||||||
1 | mandatory training requirements under this Act of each | ||||||
2 | officer it employs or employed within the relevant time | ||||||
3 | period. | ||||||
4 | (3) The Board may audit compliance verification forms | ||||||
5 | submitted to determine the accuracy of the submissions. The | ||||||
6 | audit may include but is not limited to, training | ||||||
7 | verification and a law enforcement officer background | ||||||
8 | check. | ||||||
9 | (d) Audits that Reveal an Inaccurate Verification. | ||||||
10 | (1) If an audit conducted under paragraph (3) of | ||||||
11 | subsection (c) of this Section reveals inaccurate | ||||||
12 | information, the Board shall provide the law enforcement | ||||||
13 | officer and employing governmental agency with written | ||||||
14 | notice containing: (i) the results of the audit, specifying | ||||||
15 | each alleged inaccuracy; (ii) a summary of the basis of | ||||||
16 | that determination; and (iii) a deadline, which shall be at | ||||||
17 | least 30 days from the date of the notice, for the law | ||||||
18 | enforcement officer to file a written response if the law | ||||||
19 | enforcement officer objects to any of the contents of the | ||||||
20 | notice. | ||||||
21 | (2) After considering any response from the law | ||||||
22 | enforcement officer, if the Board determines that the law | ||||||
23 | enforcement officer filed an inaccurate verification, the | ||||||
24 | law enforcement officer shall be given 60 days in which to | ||||||
25 | file an amended verification form, together with all | ||||||
26 | documentation specified in paragraph (e)(1), demonstrating |
| |||||||
| |||||||
1 | full compliance with the applicable requirements. | ||||||
2 | (3) If the results of the audit suggest that the law | ||||||
3 | enforcement officer willfully filed a false verification | ||||||
4 | form, the Board shall submit a formal complaint to the | ||||||
5 | Panel for decertification. An officer who has been | ||||||
6 | decertified for willfully filing a false verification form | ||||||
7 | shall not be eligible for reactivation under subsection | ||||||
8 | (e). | ||||||
9 | (e) Reactivation. A law enforcement officer who has been | ||||||
10 | deemed inactive due to noncompliance with the reporting | ||||||
11 | requirements under paragraph (a)(1) may request to have the | ||||||
12 | Board re-activate his or her certification upon submitting a | ||||||
13 | compliance verification form that shows full compliance for the | ||||||
14 | period in which the law enforcement officer was deemed inactive | ||||||
15 | due to noncompliance. The Board shall make a determination | ||||||
16 | regarding a submission under this subsection active no later | ||||||
17 | than 7 days after the Board determines full compliance or | ||||||
18 | continued noncompliance.
| ||||||
19 | (50 ILCS 705/9) (from Ch. 85, par. 509)
| ||||||
20 | Sec. 9.
A special fund is hereby established in the State | ||||||
21 | Treasury to
be known as the Traffic and Criminal Conviction | ||||||
22 | Surcharge Fund. Moneys in this Fund shall be
expended as | ||||||
23 | follows:
| ||||||
24 | (1) a portion of the total amount deposited in the Fund | ||||||
25 | may be used, as
appropriated by the General Assembly, for |
| |||||||
| |||||||
1 | the ordinary and contingent expenses
of the Illinois Law | ||||||
2 | Enforcement Training Standards Board;
| ||||||
3 | (2) a portion of the total amount deposited in the Fund
| ||||||
4 | shall be appropriated for the reimbursement of local | ||||||
5 | governmental agencies
participating in training programs | ||||||
6 | certified by the Board, in an amount
equaling 1/2 of the | ||||||
7 | total sum paid by such agencies during the State's previous
| ||||||
8 | fiscal year for mandated training for probationary law | ||||||
9 | enforcement police officers or
probationary county | ||||||
10 | corrections officers and for optional advanced and
| ||||||
11 | specialized law enforcement or county corrections | ||||||
12 | training; these
reimbursements may include the costs for | ||||||
13 | tuition at training schools, the
salaries of trainees while | ||||||
14 | in schools, and the necessary travel and room
and board | ||||||
15 | expenses for each trainee; if the appropriations under this
| ||||||
16 | paragraph (2) are not sufficient to fully reimburse the | ||||||
17 | participating local
governmental agencies, the available | ||||||
18 | funds shall be apportioned among such
agencies, with | ||||||
19 | priority first given to repayment of the costs of mandatory
| ||||||
20 | training given to law enforcement officer or county | ||||||
21 | corrections officer
recruits, then to repayment of costs of | ||||||
22 | advanced or specialized training
for permanent law | ||||||
23 | enforcement police officers or permanent county | ||||||
24 | corrections officers;
| ||||||
25 | (3) a portion of the total amount deposited in the Fund | ||||||
26 | may be used to
fund the Intergovernmental Law Enforcement |
| |||||||
| |||||||
1 | Officer's In-Service Training
Act, veto overridden October | ||||||
2 | 29, 1981, as now or hereafter amended, at
a rate and method | ||||||
3 | to be determined by the board;
| ||||||
4 | (4) a portion of the Fund also may be used by the | ||||||
5 | Illinois Department
of State Police for expenses incurred | ||||||
6 | in the training of employees from
any State, county or | ||||||
7 | municipal agency whose function includes enforcement
of | ||||||
8 | criminal or traffic law;
| ||||||
9 | (5) a portion of the Fund may be used by the Board to | ||||||
10 | fund grant-in-aid
programs and services for the training of | ||||||
11 | employees from any county or
municipal agency whose | ||||||
12 | functions include corrections or the enforcement of
| ||||||
13 | criminal or traffic
law;
| ||||||
14 | (6) for fiscal years 2013 through 2017 only, a portion | ||||||
15 | of the Fund also may be used by the
Department of State | ||||||
16 | Police to finance any of its lawful purposes or functions; | ||||||
17 | (7) a portion of the Fund may be used by the Board, | ||||||
18 | subject to appropriation, to administer grants to local law | ||||||
19 | enforcement agencies for the purpose of purchasing | ||||||
20 | bulletproof vests under the Law Enforcement Officer | ||||||
21 | Bulletproof Vest Act; and | ||||||
22 | (8) a portion of the Fund may be used by the Board to | ||||||
23 | create a law enforcement grant program available for units | ||||||
24 | of local government to fund crime prevention programs, | ||||||
25 | training, and interdiction efforts, including enforcement | ||||||
26 | and prevention efforts, relating to the illegal cannabis |
| |||||||
| |||||||
1 | market and driving under the influence of cannabis. | ||||||
2 | All payments from the Traffic and Criminal Conviction | ||||||
3 | Surcharge Fund shall
be made each year from moneys appropriated | ||||||
4 | for the purposes specified in
this Section. No more than 50% of | ||||||
5 | any appropriation under this Act shall be
spent in any city | ||||||
6 | having a population of more than 500,000. The State
Comptroller | ||||||
7 | and the State Treasurer shall from time to time, at the
| ||||||
8 | direction of the Governor, transfer from the Traffic and | ||||||
9 | Criminal
Conviction Surcharge Fund to the General Revenue Fund | ||||||
10 | in the State Treasury
such amounts as the Governor determines | ||||||
11 | are in excess of the amounts
required to meet the obligations | ||||||
12 | of the Traffic and Criminal Conviction
Surcharge Fund.
| ||||||
13 | (Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)
| ||||||
14 | (50 ILCS 705/9.2 new) | ||||||
15 | Sec. 9.2. Officer professional conduct database; | ||||||
16 | Transparency. | ||||||
17 | (a) All governmental agencies and the Illinois State Police | ||||||
18 | shall notify the Board of any final determination of a willful | ||||||
19 | violation of department, agency, or the Illinois State Police | ||||||
20 | policy, official misconduct, or violation of law within 10 days | ||||||
21 | when: | ||||||
22 | (1) the determination leads to a suspension of at least | ||||||
23 | 10 days; | ||||||
24 | (2) any infraction that would trigger an official or | ||||||
25 | formal investigation under a governmental agency or the |
| |||||||
| |||||||
1 | Illinois State Police policy; | ||||||
2 | (3) there is an allegation of misconduct or regarding | ||||||
3 | truthfulness as to a material fact, bias, or integrity; or | ||||||
4 | (4) the officer resigns or retires during the course of | ||||||
5 | an investigation and the officer has been served notice | ||||||
6 | that the officer is under investigation. | ||||||
7 | Agencies and the Illinois State Police may report to the | ||||||
8 | Board any conduct they deem appropriate to disseminate to | ||||||
9 | another governmental agency regarding a law enforcement | ||||||
10 | officer. | ||||||
11 | The agency or the Illinois State Police shall report to the | ||||||
12 | Board within 10 days of a final determination and final | ||||||
13 | exhaustion of any administrative appeal, or the law enforcement | ||||||
14 | officer's resignation or retirement, and shall provide | ||||||
15 | information regarding the nature of the violation. This | ||||||
16 | notification shall not necessarily trigger certification | ||||||
17 | review. | ||||||
18 | A governmental agency and the Illinois State Police shall | ||||||
19 | be immune from liability for a disclosure made as described in | ||||||
20 | this subsection, unless the disclosure would constitute | ||||||
21 | intentional misrepresentation or gross negligence. | ||||||
22 | (b) Upon receiving notification from a governmental agency | ||||||
23 | or the Illinois State Police, the Board must notify the law | ||||||
24 | enforcement officer of the report and the officer's right to | ||||||
25 | provide a statement regarding the reported violation. | ||||||
26 | (c) The Board shall maintain a database readily available |
| |||||||
| |||||||
1 | to any chief administrative officer, or the officer's designee, | ||||||
2 | of a governmental agency and the Illinois State Police that | ||||||
3 | shall show for each law enforcement officer: (i) dates of | ||||||
4 | certification, decertification, and inactive status; (ii) each | ||||||
5 | sustained instance of departmental misconduct that lead to a | ||||||
6 | suspension at least 10 days or any infraction that would | ||||||
7 | trigger an official or formal investigation under the | ||||||
8 | governmental agency policy, any allegation of misconduct | ||||||
9 | regarding truthfulness as to a material fact, bias, or | ||||||
10 | integrity, or any other reported violation, the nature of the | ||||||
11 | violation, the reason for the final decision of discharge or | ||||||
12 | dismissal, and any statement provided by the officer; (iii) | ||||||
13 | date of separation from employment from any local or state | ||||||
14 | governmental agency; (iv) the reason for separation from | ||||||
15 | employment, including, but not limited to: whether the | ||||||
16 | separation was based on misconduct or occurred while the local | ||||||
17 | or State governmental agency was conducting an investigation of | ||||||
18 | the certified individual for a violation of an employing | ||||||
19 | agency's rules, policy or procedure or other misconduct or | ||||||
20 | improper action. | ||||||
21 | (1) This database shall also be accessible to the | ||||||
22 | State's Attorney of any county in this State and the | ||||||
23 | Attorney General for the purpose of complying with | ||||||
24 | obligations under Brady v. Maryland (373 U.S. 83) or Giglio | ||||||
25 | v. United States (405 U.S. 150). This database shall also | ||||||
26 | be accessible to the chief administrative officer of any |
| |||||||
| |||||||
1 | governmental agency for the purposes of hiring law | ||||||
2 | enforcement officers. This database shall not be | ||||||
3 | accessible to anyone not listed in this subsection. | ||||||
4 | (2) Before a governmental agency may appoint a law | ||||||
5 | enforcement officer or a person seeking a certification as | ||||||
6 | a law enforcement officer in this State, the chief | ||||||
7 | administrative officer or designee must check the Officer | ||||||
8 | Professional Conduct Database, contact each person's | ||||||
9 | previous law enforcement employers, and document the | ||||||
10 | contact. This documentation must be available for review by | ||||||
11 | the Board for a minimum of five years after the law | ||||||
12 | enforcement officer's termination, retirement, resignation | ||||||
13 | or separation with that agency. | ||||||
14 | (3) The database, documents, materials, or other | ||||||
15 | information in the possession or control of the Board that | ||||||
16 | are obtained by or disclosed to the Board under this | ||||||
17 | subsection shall be confidential by law and privileged, | ||||||
18 | shall not be subject to subpoena, and shall not be subject | ||||||
19 | to discovery or admissible in evidence in any private civil | ||||||
20 | action. However, the Board is authorized to use such | ||||||
21 | documents, materials, or other information in furtherance | ||||||
22 | of any regulatory or legal action brought as part of the | ||||||
23 | Board's official duties. Unless otherwise required by law, | ||||||
24 | the Board shall not disclose the database or make such | ||||||
25 | documents, materials, or other information public without | ||||||
26 | the prior written consent of the governmental agency and |
| |||||||
| |||||||
1 | the law enforcement officer. Neither the Board nor any | ||||||
2 | person who received documents, materials or other | ||||||
3 | information shared under this subsection shall be required | ||||||
4 | to testify in any private civil action concerning the | ||||||
5 | database or any confidential documents, materials, or | ||||||
6 | information subject to this subsection. | ||||||
7 | Nothing in this Section shall exempt a governmental agency | ||||||
8 | from disclosing public records in accordance with the Freedom | ||||||
9 | of Information Act. | ||||||
10 | (d) The Board shall maintain a searchable database of law | ||||||
11 | enforcement officers accessible to the public that shall | ||||||
12 | include: (i) the law enforcement officer's local or state | ||||||
13 | governmental agency; (ii) the date of the officer's initial | ||||||
14 | certification and the officer's current certification status; | ||||||
15 | and (iii) any sustained complaint of misconduct that resulted | ||||||
16 | in decertification and the date thereof; provided, however, | ||||||
17 | that information shall not be included in the database that | ||||||
18 | would allow the public to ascertain the home address of an | ||||||
19 | officer or another person; provided further, that information | ||||||
20 | regarding an officer's or another person's family member shall | ||||||
21 | not be included in the database. The Board shall make the | ||||||
22 | database publicly available on its website. | ||||||
23 | (e) The Board shall maintain a searchable database of all | ||||||
24 | completed investigations against law enforcement officers | ||||||
25 | related to decertification. The database shall identify each | ||||||
26 | law enforcement officer by a confidential and anonymous number |
| |||||||
| |||||||
1 | and include: (i) the law enforcement officer's local or state | ||||||
2 | governmental agency; (ii) the date of the incident referenced | ||||||
3 | in the complaint; (iii) the location of the incident; (iv) the | ||||||
4 | race and ethnicity of each officer involved in the incident; | ||||||
5 | (v) the age, gender, race and ethnicity of each person involved | ||||||
6 | in the incident, if known; (vi) whether a person in the | ||||||
7 | complaint, including a law enforcement officer, was injured, | ||||||
8 | received emergency medical care, was hospitalized or died as a | ||||||
9 | result of the incident; (vii) the governmental agency or other | ||||||
10 | entity assigned to conduct an investigation of the incident; | ||||||
11 | (viii) when the investigation was completed; (ix) whether the | ||||||
12 | complaint was sustained; and (x) the type of misconduct | ||||||
13 | investigated; provided, however, that the Board shall redact or | ||||||
14 | withhold such information as necessary to prevent the | ||||||
15 | disclosure of the identity of an officer. The Board shall make | ||||||
16 | the database publicly available on its website. | ||||||
17 | (e-1) An investigation is complete when the investigation | ||||||
18 | has either been terminated or the decertification action, | ||||||
19 | including the administrative review process, has been | ||||||
20 | completed, whichever is later. | ||||||
21 | (f) Annual report. The Board shall submit an annual report | ||||||
22 | to the Governor, Attorney General, President and Minority | ||||||
23 | Leader of the Senate, and the Speaker and Minority Leader of | ||||||
24 | the House of Representatives beginning on March 1, 2023, and | ||||||
25 | every year thereafter indicating: | ||||||
26 | (1) the number of complaints received in the preceding |
| |||||||
| |||||||
1 | calendar year, including but not limited to the race, | ||||||
2 | gender, and type of complaints received; | ||||||
3 | (2) the number of investigations initiated in the | ||||||
4 | preceding calendar year since the
date of the last report; | ||||||
5 | (3) the number of investigations concluded in the | ||||||
6 | preceding calendar year; | ||||||
7 | (4) the number of investigations pending as of the
| ||||||
8 | reporting date; | ||||||
9 | (5) the number of hearings held in the preceding | ||||||
10 | calendar year; and | ||||||
11 | (6) the number of officers decertified in the preceding | ||||||
12 | calendar year.
| ||||||
13 | (50 ILCS 705/10) (from Ch. 85, par. 510)
| ||||||
14 | Sec. 10. The Board may make, amend and rescind such rules | ||||||
15 | and regulations
as may be necessary to carry out the provisions | ||||||
16 | of this Act, including those relating to the annual | ||||||
17 | certification of retired law enforcement officers qualified | ||||||
18 | under federal law to carry a concealed weapon. A copy of all
| ||||||
19 | rules and regulations and amendments or rescissions thereof | ||||||
20 | shall be filed
with the Secretary of State within a reasonable | ||||||
21 | time after their adoption.
The schools certified by the Board | ||||||
22 | and participating in the training
program may dismiss from the | ||||||
23 | school any trainee prior to the officer's his completion of
the | ||||||
24 | course, if in the opinion of the person in charge of the | ||||||
25 | training
school, the trainee is unable or unwilling to |
| |||||||
| |||||||
1 | satisfactorily complete the
prescribed course of training. | ||||||
2 | The Board shall adopt emergency rules to administer this | ||||||
3 | Act in accordance with Section 5-45 of the Illinois | ||||||
4 | Administrative Procedure Act. For the purposes of the Illinois | ||||||
5 | Administrative Procedure Act, the General Assembly finds that | ||||||
6 | the adoption of rules to implement this Act is deemed an | ||||||
7 | emergency and necessary to the public interest, safety, and | ||||||
8 | welfare.
| ||||||
9 | (Source: P.A. 94-103, eff. 7-1-05.)
| ||||||
10 | (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
| ||||||
11 | Sec. 10.1. Additional training programs. The Board shall | ||||||
12 | initiate,
administer,
and conduct training programs for | ||||||
13 | permanent law enforcement police officers and permanent
county | ||||||
14 | corrections officers in addition to the basic recruit training | ||||||
15 | program.
The Board may initiate, administer, and conduct | ||||||
16 | training programs for
part-time law enforcement police | ||||||
17 | officers in
addition
to the basic part-time law enforcement | ||||||
18 | police training course. The training for permanent and
| ||||||
19 | part-time law enforcement
police officers and permanent county | ||||||
20 | corrections officers may
be given in any schools selected by | ||||||
21 | the Board. Such training may include all
or any part of the | ||||||
22 | subjects enumerated in Section 7 of this Act.
| ||||||
23 | The corporate authorities of all participating local | ||||||
24 | governmental agencies
may elect to participate in the advanced | ||||||
25 | training for permanent and
part-time law enforcement police |
| |||||||
| |||||||
1 | officers and permanent county corrections
officers but | ||||||
2 | nonparticipation in this program shall not in any way affect | ||||||
3 | the
mandatory responsibility of governmental units to | ||||||
4 | participate in the basic
recruit training programs for | ||||||
5 | probationary full-time and part-time law enforcement
police
| ||||||
6 | and permanent county corrections officers. The failure of any | ||||||
7 | permanent or
part-time law enforcement
police officer or | ||||||
8 | permanent county corrections officer to
successfully complete | ||||||
9 | any course authorized under this Section
shall not affect the | ||||||
10 | officer's status as a member of the police
department or county | ||||||
11 | sheriff's office of any local governmental agency.
| ||||||
12 | The Board may initiate, administer, and conduct training | ||||||
13 | programs for
clerks of circuit courts. Those training programs, | ||||||
14 | at the Board's discretion,
may be the same or variations of | ||||||
15 | training programs for law enforcement
officers.
| ||||||
16 | The Board shall initiate, administer, and conduct a | ||||||
17 | training program
regarding the set
up and operation of
portable | ||||||
18 | scales for all municipal and county police officers, | ||||||
19 | technicians,
and employees who set up
and operate portable | ||||||
20 | scales. This
training
program must include classroom and field | ||||||
21 | training.
| ||||||
22 | (Source: P.A. 90-271, eff. 7-30-97, 91-129, eff. 7-16-99.)
| ||||||
23 | (50 ILCS 705/10.2)
| ||||||
24 | Sec. 10.2. Criminal background investigations.
| ||||||
25 | (a) On and after March 14, 2002 ( the effective date of |
| |||||||
| |||||||
1 | Public Act 92-533) this amendatory Act of the 92nd
General | ||||||
2 | Assembly ,
an applicant for employment as a peace officer, or | ||||||
3 | for annual certification as a retired law enforcement officer | ||||||
4 | qualified under federal law to carry a concealed weapon, shall | ||||||
5 | authorize an
investigation to determine if
the applicant has | ||||||
6 | been convicted of , or entered a plea of guilty to, any criminal | ||||||
7 | offense that disqualifies the
person as a peace
officer.
| ||||||
8 | (b) No governmental law enforcement agency may knowingly | ||||||
9 | employ a person, or certify a retired law enforcement officer | ||||||
10 | qualified under federal law to carry a concealed weapon, unless | ||||||
11 | (i) a
criminal
background investigation of that person
has been | ||||||
12 | completed and (ii) that investigation reveals no convictions of | ||||||
13 | or pleas of guilty to of
offenses specified in subsection (a) | ||||||
14 | of Section 6.1 of this Act.
| ||||||
15 | (Source: P.A. 101-187, eff. 1-1-20; revised 9-23-19.)
| ||||||
16 | (50 ILCS 705/10.3)
| ||||||
17 | Sec. 10.3. Training of law enforcement police officers to | ||||||
18 | conduct electronic
interrogations. | ||||||
19 | (a)
From appropriations made to it for that purpose, the | ||||||
20 | Board shall initiate,
administer, and conduct training | ||||||
21 | programs for permanent law enforcement police officers,
| ||||||
22 | part-time law enforcement police officers, and recruits on the | ||||||
23 | methods and technical aspects of
conducting electronic | ||||||
24 | recordings of interrogations. | ||||||
25 | (b) Subject to appropriation, the Board shall develop |
| |||||||
| |||||||
1 | technical guidelines for the mandated recording of custodial | ||||||
2 | interrogations in all homicide investigations by law | ||||||
3 | enforcement agencies. These guidelines shall be developed in | ||||||
4 | conjunction with law enforcement agencies and technology | ||||||
5 | accreditation groups to provide guidance for law enforcement | ||||||
6 | agencies in implementing the mandated recording of custodial | ||||||
7 | interrogations in all homicide investigations.
| ||||||
8 | (Source: P.A. 95-688, eff. 10-23-07.)
| ||||||
9 | (50 ILCS 705/10.7) | ||||||
10 | Sec. 10.7. Mandatory training; police chief and deputy | ||||||
11 | police chief. Each police chief and deputy police chief shall | ||||||
12 | obtain at least 20 hours of training each year. The training | ||||||
13 | must be approved by the Illinois Law Enforcement Training and | ||||||
14 | Standards Board and must be related to law enforcement, | ||||||
15 | management or executive development, or ethics. This | ||||||
16 | requirement may be satisfied by attending any training portion | ||||||
17 | of a conference held by an association that represents chiefs | ||||||
18 | of police that has been approved by the Illinois Law | ||||||
19 | Enforcement Training and Standards Board. Any police chief and | ||||||
20 | any deputy police chief, upon presentation of a certificate of | ||||||
21 | completion from the person or entity conducting the training, | ||||||
22 | shall be reimbursed by the municipality in accordance with the | ||||||
23 | municipal policy regulating the terms of reimbursement, for the | ||||||
24 | officer's his or her reasonable expenses in obtaining the | ||||||
25 | training required under this Section. No police chief or deputy |
| |||||||
| |||||||
1 | police chief may attend any recognized training offering | ||||||
2 | without the prior approval of the officer's his or her | ||||||
3 | municipal mayor, manager, or immediate supervisor. | ||||||
4 | This Section does not apply to the City of Chicago or the | ||||||
5 | Sheriff's Police Department in Cook County.
| ||||||
6 | (Source: P.A. 94-354, eff. 1-1-06; revised 11-16-20.)
| ||||||
7 | (50 ILCS 705/10.11) | ||||||
8 | Sec. 10.11. Training; death and homicide investigation. | ||||||
9 | The Illinois Law Enforcement Training and Standards Board shall | ||||||
10 | conduct or approve a training program in death and homicide | ||||||
11 | investigation for the training of law enforcement officers of | ||||||
12 | local government agencies. Only law enforcement officers who | ||||||
13 | successfully complete the training program may be assigned as | ||||||
14 | lead investigators in death and homicide investigations. | ||||||
15 | Satisfactory completion of the training program shall be | ||||||
16 | evidenced by a certificate issued to the law enforcement | ||||||
17 | officer by the Illinois Law Enforcement Training and Standards | ||||||
18 | Board.
| ||||||
19 | The Illinois Law Enforcement Training and Standards Board | ||||||
20 | shall develop a process for waiver applications sent by a local | ||||||
21 | governmental law enforcement agency administrator for those | ||||||
22 | officers whose prior training and experience as homicide | ||||||
23 | investigators may qualify them for a waiver. The Board may | ||||||
24 | issue a waiver at its discretion, based solely on the prior | ||||||
25 | training and experience of an officer as a homicide |
| |||||||
| |||||||
1 | investigator. This Section does not affect or impede the powers | ||||||
2 | of the office of the coroner to investigate all deaths as | ||||||
3 | provided in Division 3-3 of the Counties Code and the Coroner | ||||||
4 | Training Board Act. | ||||||
5 | (Source: P.A. 99-408, eff. 1-1-16; revised 11-16-20.)
| ||||||
6 | (50 ILCS 705/10.12) | ||||||
7 | Sec. 10.12. Police dog training standards. All police dogs | ||||||
8 | used by State and local governmental law enforcement agencies | ||||||
9 | for drug enforcement purposes pursuant to the Cannabis Control | ||||||
10 | Act, the Illinois Controlled Substances Act, or the | ||||||
11 | Methamphetamine Control and Community Protection Act shall be | ||||||
12 | trained by programs that meet the minimum certification | ||||||
13 | requirements set by the Board.
| ||||||
14 | (Source: P.A. 101-27, eff. 6-25-19.)
| ||||||
15 | (50 ILCS 705/10.13) | ||||||
16 | Sec. 10.13. Training; Post-Traumatic Stress Disorder | ||||||
17 | (PTSD). The Illinois Law Enforcement Training Standards Board | ||||||
18 | shall conduct or approve a training program in Post-Traumatic | ||||||
19 | Stress Disorder (PTSD) for law enforcement officers of local | ||||||
20 | governmental government agencies. The purpose of that training | ||||||
21 | shall be to equip law enforcement officers of local | ||||||
22 | governmental government agencies to identify the symptoms of | ||||||
23 | PTSD and to respond appropriately to individuals exhibiting | ||||||
24 | those symptoms.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-1040, eff. 1-1-13.)
| ||||||
2 | (50 ILCS 705/10.16) | ||||||
3 | Sec. 10.16. Veterans' awareness. The Illinois Law | ||||||
4 | Enforcement Training Standards Board may conduct or approve a | ||||||
5 | training program in veterans' awareness for law enforcement | ||||||
6 | officers of local government agencies. The program shall train | ||||||
7 | law enforcement officers to identify issues relating to | ||||||
8 | veterans and provide guidelines dictating how law enforcement | ||||||
9 | officers should respond to and address such issues. Each local | ||||||
10 | governmental government agency is encouraged to designate an | ||||||
11 | individual to respond to veterans' issues.
| ||||||
12 | (Source: P.A. 98-960, eff. 1-1-15 .)
| ||||||
13 | (50 ILCS 705/10.18) | ||||||
14 | Sec. 10.18. Training; administration of opioid | ||||||
15 | antagonists. The Board shall conduct or approve an in-service | ||||||
16 | training program for law enforcement police officers in the | ||||||
17 | administration of opioid antagonists as defined in paragraph | ||||||
18 | (1) of subsection (e) of Section 5-23 of the Substance Use | ||||||
19 | Disorder Act that is in accordance with that Section. As used | ||||||
20 | in this Section, the term " law enforcement police officers" | ||||||
21 | includes full-time or part-time probationary law enforcement | ||||||
22 | police officers, permanent or part-time law enforcement police | ||||||
23 | officers, law enforcement officers, recruits, permanent or | ||||||
24 | probationary county corrections officers, permanent or |
| |||||||
| |||||||
1 | probationary county security officers, and court security | ||||||
2 | officers. The term does not include auxiliary police officers | ||||||
3 | as defined in Section 3.1-30-20 of the Illinois Municipal Code.
| ||||||
4 | (Source: P.A. 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; | ||||||
5 | 100-759, eff. 1-1-19 .)
| ||||||
6 | (50 ILCS 705/10.19) | ||||||
7 | Sec. 10.19. Training; administration of epinephrine. | ||||||
8 | (a) This Section, along with Section 40 of the State Police | ||||||
9 | Act, may be referred to as the Annie LeGere Law. | ||||||
10 | (b) For purposes of this Section, "epinephrine | ||||||
11 | auto-injector" means a single-use device used for the automatic | ||||||
12 | injection of a pre-measured dose of epinephrine into the human | ||||||
13 | body prescribed in the name of a local governmental agency. | ||||||
14 | (c) The Board shall conduct or approve an optional advanced | ||||||
15 | training program for law enforcement police officers to | ||||||
16 | recognize and respond to anaphylaxis, including the | ||||||
17 | administration of an epinephrine auto-injector. The training | ||||||
18 | must include, but is not limited to: | ||||||
19 | (1) how to recognize symptoms of an allergic reaction; | ||||||
20 | (2) how to respond to an emergency involving an | ||||||
21 | allergic reaction; | ||||||
22 | (3) how to administer an epinephrine auto-injector; | ||||||
23 | (4) how to respond to an individual with a known | ||||||
24 | allergy as well as an individual with a previously unknown | ||||||
25 | allergy; |
| |||||||
| |||||||
1 | (5) a test demonstrating competency of the knowledge | ||||||
2 | required to recognize anaphylaxis and administer an | ||||||
3 | epinephrine auto-injector; and | ||||||
4 | (6) other criteria as determined in rules adopted by | ||||||
5 | the Board. | ||||||
6 | (d) A local governmental agency may authorize a law | ||||||
7 | enforcement police officer who has completed an optional | ||||||
8 | advanced training program under subsection (c) to carry, | ||||||
9 | administer, or assist with the administration of epinephrine | ||||||
10 | auto-injectors provided by the local governmental agency | ||||||
11 | whenever the officer he or she is performing official duties. | ||||||
12 | (e) A local governmental agency that authorizes its | ||||||
13 | officers to carry and administer epinephrine auto-injectors | ||||||
14 | under subsection (d) must establish a policy to control the | ||||||
15 | acquisition, storage, transportation, administration, and | ||||||
16 | disposal of epinephrine auto-injectors and to provide | ||||||
17 | continued training in the administration of epinephrine | ||||||
18 | auto-injectors. | ||||||
19 | (f) A physician, physician's assistant with prescriptive | ||||||
20 | authority, or advanced practice registered nurse with | ||||||
21 | prescriptive authority may provide a standing protocol or | ||||||
22 | prescription for epinephrine auto-injectors in the name of a | ||||||
23 | local governmental agency to be maintained for use when | ||||||
24 | necessary. | ||||||
25 | (g) When a law enforcement police officer administers an | ||||||
26 | epinephrine auto-injector in good faith, the law enforcement |
| |||||||
| |||||||
1 | police officer and local governmental agency, and its employees | ||||||
2 | and agents, including a physician, physician's assistant with | ||||||
3 | prescriptive authority, or advanced practice registered nurse | ||||||
4 | with prescriptive authority who provides a standing order or | ||||||
5 | prescription for an epinephrine auto-injector, incur no civil | ||||||
6 | or professional liability, except for willful and wanton | ||||||
7 | conduct, or as a result of any injury or death arising from the | ||||||
8 | use of an epinephrine auto-injector.
| ||||||
9 | (Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17; | ||||||
10 | 100-648, eff. 7-31-18.)
| ||||||
11 | (50 ILCS 705/10.20) | ||||||
12 | Sec. 10.20. Disposal of medications. The Board shall | ||||||
13 | develop rules and minimum standards for local governmental | ||||||
14 | agencies that authorize law enforcement police officers to | ||||||
15 | dispose of unused medications under Section 18 of the Safe | ||||||
16 | Pharmaceutical Disposal Act.
| ||||||
17 | (Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.)
| ||||||
18 | (50 ILCS 705/10.22) | ||||||
19 | Sec. 10.22. School resource officers. | ||||||
20 | (a) The Board shall develop or approve a course for school | ||||||
21 | resource officers as defined in Section 10-20.68 of the School | ||||||
22 | Code. | ||||||
23 | (b) The school resource officer course shall be developed | ||||||
24 | within one year after January 1, 2019 (the effective date of |
| |||||||
| |||||||
1 | Public Act 100-984) and shall be created in consultation with | ||||||
2 | organizations demonstrating expertise and or experience in the | ||||||
3 | areas of youth and adolescent developmental issues, | ||||||
4 | educational administrative issues, prevention of child abuse | ||||||
5 | and exploitation, youth mental health treatment, and juvenile | ||||||
6 | advocacy. | ||||||
7 | (c) The Board shall develop a process allowing law | ||||||
8 | enforcement agencies to request a waiver of this training | ||||||
9 | requirement for any specific individual assigned as a school | ||||||
10 | resource officer. Applications for these waivers may be | ||||||
11 | submitted by a local governmental law enforcement agency chief | ||||||
12 | administrator for any officer whose prior training and | ||||||
13 | experience may qualify for a waiver of the training requirement | ||||||
14 | of this subsection (c). The Board may issue a waiver at its | ||||||
15 | discretion, based solely on the prior training and experience | ||||||
16 | of an officer. | ||||||
17 | (d) Upon completion, the employing agency shall be issued a | ||||||
18 | certificate attesting to a specific officer's completion of the | ||||||
19 | school resource officer training. Additionally, a letter of | ||||||
20 | approval shall be issued to the employing agency for any | ||||||
21 | officer who is approved for a training waiver under this | ||||||
22 | subsection (d).
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23 | (Source: P.A. 100-984, eff. 1-1-19; 101-81, eff. 7-12-19.)
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24 | (50 ILCS 705/13 new) | ||||||
25 | Sec. 13. Admissibility. Notwithstanding any other law or |
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1 | rule of evidence, the fact that a certificate was issued, | ||||||
2 | denied, or revoked by the Board, is admissible in a judicial or | ||||||
3 | administrative proceeding as prima facie evidence of any facts | ||||||
4 | stated.
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5 | (50 ILCS 705/6.2 rep.)
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6 | (50 ILCS 705/9.1 rep.)
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7 | (50 ILCS 705/10.5 rep.)
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8 | Section 25-45. The Illinois Police Training Act is amended | ||||||
9 | by repealing Sections 6.2, 9.1, and 10.5.
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10 | Section 25-50. The Counties Code is amended by changing | ||||||
11 | Section 3-6001.5 as follows:
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12 | (55 ILCS 5/3-6001.5)
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13 | Sec. 3-6001.5. Sheriff qualifications. A On or after the | ||||||
14 | effective date of this amendatory Act of the 98th General | ||||||
15 | Assembly,
except as otherwise provided in this Section, a | ||||||
16 | person is not eligible to be elected or
appointed to the office | ||||||
17 | of sheriff, unless that person meets all of the
following | ||||||
18 | requirements:
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19 | (1) Is a United States citizen.
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20 | (2) Has been a resident of the county for at least one | ||||||
21 | year.
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22 | (3) Is not a convicted felon.
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23 | (4) Has a certificate attesting to his or her |
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1 | successful completion of the Minimum Standards Basic Law | ||||||
2 | Enforcement Officers Training Course as prescribed by the | ||||||
3 | Illinois Law Enforcement Training Standards Board or a | ||||||
4 | substantially similar training program of another state or | ||||||
5 | the federal government. This paragraph does not apply to a | ||||||
6 | sheriff currently serving on the effective date of this | ||||||
7 | amendatory Act of the 101st General Assembly. | ||||||
8 | (Source: P.A. 98-115, eff. 7-29-13.)
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9 | Article 99. | ||||||
10 | General Provisions | ||||||
11 | Section 99-995. No acceleration or delay. Where this Act | ||||||
12 | makes changes in a statute that is represented in this Act by | ||||||
13 | text that is not yet or no longer in effect (for example, a | ||||||
14 | Section represented by multiple versions), the use of that text | ||||||
15 | does not accelerate or delay the taking effect of (i) the | ||||||
16 | changes made by this Act or (ii) provisions derived from any | ||||||
17 | other Public Act.
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18 | Section 99-997. Severability. The provisions of this Act | ||||||
19 | are severable under Section 1.31 of the Statute on Statutes.
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20 | Section 99-999. Effective date. This Act takes effect July | ||||||
21 | 1, 2021, except that Article 25 takes effect January 1, 2022, | ||||||
22 | Sections 10-105, 10-110, 10-115, 10-120, 10-140, 10-155, | ||||||
23 | 10-160, 10-175, 10-180, 10-185, 10-190, 10-195, 10-200, |
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